Minnesota Legislature
SF 1997
4th Unofficial Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
KEY: stricken = removed, old language.
underscored = added, new language.
1.2relating to government operations; appropriating money for the general legislative
1.3and administrative expenses of state government; regulating state and local
1.4government operations; establishing the Minnesota Office on Ethnic Heritage
1.5and New Americans and the Minnesota Legislative Commission on Terrorism
1.6and Disaster Preparedness; creating the position of poet laureate; providing a
1.7grant process and grant management; defining domestic partner; ratifying labor
1.8agreements and compensation plans; establishing a state employees electronic
1.9health records pilot project; providing for continuing appropriations in certain
1.10circumstances; providing compensation for a period of partial government
1.11shutdown; creating a trust for postemployment benefits; regulating elections and
1.12voter registration; establishing a gratuity payment for certain Teacher Retirement
1.13Association members; authorizing rulemaking;amending Minnesota Statutes
1.142006, sections 3.85, subdivision 3; 3.9741, subdivision 1; 5.12, subdivision
1.151; 6.47; 6.51; 6.54; 6.55; 6.551; 6.57; 6.59; 6.60; 6.62, subdivision 2; 6.63;
1.166.64; 6.65; 6.66; 6.67; 6.68; 6.70; 6.71; 6.715, by adding a subdivision; 13.605,
1.17subdivision 1; 15B.17, subdivision 1; 16A.103, subdivision 1e; 16A.11, by
1.18adding a subdivision; 16A.1286, subdivision 2; 16B.055, subdivision 1; 16B.35,
1.19subdivision 1; 16C.02, subdivisions 4, 12, 14, by adding subdivisions; 16C.03,
1.20subdivisions 2, 3, 4, 8, 16, by adding subdivisions; 16C.05, subdivisions 1,
1.212; 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
2.195; proposing coding for new law in Minnesota Statutes, chapters 3; 4; 5; 6; 8;
2.2011A; 12; 13; 15B; 16A; 16B; 16C; 16E; 43A; 161; 203B; 204B; 270C; 308B;
2.21321; 349A; 471; repealing Minnesota Statutes 2006, sections 3.884; 3.8841;
2.226.56, subdivision 1; 16A.102; 16B.055, subdivision 3; 16C.055, subdivision 1;
2.2316C.08, subdivision 4a; 69.051, subdivision 1c; 200.04; 201.061, subdivision 7;
2.24201.096; 203B.02, subdivision 1a; 203B.04, subdivision 5; 203B.13, subdivision
2.253a; 359.085, subdivision 8; 645.44, 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
22.2 (3) producing television coverage of certain legislative proceedings; and
22.3 (4) performing other functions assigned by the Legislative Coordinating
22.4Commission.
22.5 Sec. 4. [3.306] MEETING TIMES.
22.6 The house of representatives and the senate must adopt rules that set one time as the
22.7regular hour of convening daily sessions in both houses.
22.8 Sec. 5. [3.3061] JOINT STANDING COMMITTEES.
22.9 The house of representatives and the senate are encouraged to adopt rules that:
22.10 (1) establish a system of joint standing committees to consider and report on
22.11legislation and conduct other legislative business, except that each house may separately
22.12establish a committee on rules and administration and a committee on ethics; or
22.13 (2) provide that house and senate committees with similar jurisdiction will meet at
22.14the same time to facilitate joint meetings.
22.15 Sec. 6. Minnesota Statutes 2006, section 3.85, subdivision 3, is amended to read:
22.16 Subd. 3. Membership. The commission consists offive seven members of the
22.17senate appointed by the Subcommittee on Committees of the Committee on Rules and
22.18Administration andfive seven members of the house of representatives appointed by the
22.19speaker. Members shall be appointed at the commencement of each regular session of the
22.20legislature for a two-year term beginning January 16 of the first year of the regular session.
22.21Members continue to serve until their successors are appointed. Vacancies that occur while
22.22the legislature is in session shall be filled like regular appointments. If the legislature is not
22.23in session, senate vacancies shall be filled by the last Subcommittee on Committees of the
22.24senate Committee on Rules and Administration or other appointing authority designated
22.25by the senate rules, and house vacancies shall be filled by the last speaker of the house, or
22.26if the speaker is not available, by the last chair of the house Rules Committee.
22.27 Sec. 7. [3.9228] MINNESOTA OFFICE ON ETHNIC HERITAGE AND NEW
22.28AMERICANS.
22.29 Subdivision 1. Office established. The Minnesota Office of Ethnic Heritage and
22.30New Americans is established to: (1) recognize the state's rich ethnic diversity and the
22.31contributions that immigrants have made to the state's social, economic, and cultural
22.32history; and (2) capitalize on and develop the strengths of the immigrant community in
23.1Minnesota. The commission shall assist state government to foster an understanding and
23.2appreciation of ethnic and cultural diversity in Minnesota, to more effectively identify
23.3the underutilized resources within the immigrant community and to facilitate the full
23.4participation of immigrants in social, cultural, and political life in this state.
23.5 Subd. 2. Membership. The Minnesota Office of Ethnic Heritage and New
23.6Americans consists of 14 members: the Subcommittee on Committees of the Committee
23.7on Rules and Administration of the senate shall appoint two public members and two
23.8senators; and the speaker of the house of representatives shall appoint two public members
23.9and two members of the house of representatives. The governor shall appoint six public
23.10members.
23.11 Appointees must have proven experience and dedication to working with the wide
23.12range of ethnic communities within Minnesota, the immigrant community, and possess
23.13training and experience in business, management, economics, public policy, legal affairs,
23.14and social work. The appointing authorities shall seek to collaborate with each other and
23.15with the councils established in sections 3.9223, 3.9225, and 3.9226 to ensure that the
23.16public membership of the commission is ethnically and geographically diverse and is
23.17reasonably balanced by gender.
23.18 Compensation and the filling of vacancies or appointed members are as provided in
23.19section 15.0575. The appointments required under this subdivision must be completed
23.20no later than September 1, 2007.
23.21 Subd. 3. Organization. As soon as possible after the appointments under
23.22subdivision 2 have been completed, the executive director of the Legislative Coordinating
23.23Commission shall convene the first meeting of the commission. The members of the
23.24commission shall select their chairperson at the first meeting.
23.25 Subd. 4. Assistance. The Legislative Coordinating Commission shall provide the
23.26administrative and clerical support services necessary for the operation of the Minnesota
23.27Office on Ethnic Heritage and New Americans.
23.28 Subd. 5. Duties. The Minnesota Office of Ethnic Heritage and New Americans shall:
23.29 (1) work with community leaders, the legislature, and the executive branch to
23.30develop programs and proposals that will encourage ethnic identity, preserve ethnic
23.31heritage, and promote education of the public about the state's heritage and cultural history;
23.32 (2) make recommendations to the legislature and the governor intended to foster the
23.33understanding and appreciation of cultural diversity in the state;
23.34 (3) maintain association with ethnic, cultural, and minority groups to determine
23.35community needs;
24.1 (4) study and consider opportunities and issues for the immigrant community in
24.2this state, including:
24.3 (i) steps to eliminate underutilization of immigrants in the state's work force;
24.4 (ii) improving the efficient use of existing state programs and services; and
24.5 (iii) other appropriate steps to improve the economic and social condition of
24.6immigrants in this state.
24.7 By December 1, 2008, the commission shall report to the chairs of the legislative
24.8committees and divisions with jurisdiction over issues affecting ethnic heritage and
24.9immigrants. The report must include a discussion of the items listed in this subdivision
24.10together with recommendations for state agencies and the legislature, including any
24.11proposed legislation necessary to accomplish the recommendations. The executive
24.12director of the Legislative Coordinating Commission shall ensure that copies of the report
24.13are available on the Legislative Coordinating Commission's Web site.
24.14 Subd. 6. Expiration. This section expires on June 30, 2009.
24.15 Sec. 8. Minnesota Statutes 2006, section 3.9741, subdivision 1, is amended to read:
24.16 Subdivision 1. Metropolitan Commission. Upon the audit of the financial accounts
24.17and affairs of a commission under section473.595 ,
473.604 , or
473.703 , the affected
24.18Metropolitan Commission is liable to the state for the total cost and expenses of the
24.19audit, including the salaries paid to the examiners while actually engaged in making
24.20the examination. The legislative auditor may bill the Metropolitan Commission either
24.21monthly or at the completion of the audit. All collections received for the audits must be
24.22deposited in the general fund added to the appropriation for the legislative auditor.
24.23EFFECTIVE DATE.This section is effective the day following final enactment.
24.24 Sec. 9. [4.60] POET LAUREATE.
24.25 (a) The position of poet laureate of the state of Minnesota is established. The
24.26Minnesota Humanities Commission must solicit nominations for the poet laureate
24.27appointment and must make recommendations to the governor. After receiving
24.28recommendations from the Minnesota Humanities Commission, the governor shall
24.29appoint a state poet laureate and conduct appropriate ceremonies to honor the person
24.30appointed. The person appointed as poet laureate continues to serve in this position until
24.31the governor appoints another person.
24.32 (b) State agencies and officers are encouraged to use the services of the poet laureate
24.33for appropriate ceremonies and celebrations.
25.1 Sec. 10. Minnesota Statutes 2006, section 5.12, subdivision 1, is amended to read:
25.2 Subdivision 1. Fees. The secretary of state shall charge a fee of $5 for each
25.3certificate or certification of a copy of any document filed in the Office of the Secretary
25.4of State. The secretary of state shall charge a fee of $3 for a copy of an original filing of
25.5a corporation, limited partnership, assumed name, or trade or service mark, or for the
25.6complete record of a certificate of assumed name. The secretary of state shall charge a
25.7fee of $3 for a copy of any or all subsequent filings of a corporation, limited partnership,
25.8assumed name, or trade or service mark. The secretary of state shall charge a fee of $1 per
25.9page for copies of other nonuniform commercial code documents filed with the secretary of
25.10state. At the time of filing, the secretary of state may provide at the public counter, without
25.11charge, a copy of a filing, ten or fewer pages in length, to the person making the filing.
25.12EFFECTIVE DATE.This section is effective August 1, 2007.
25.13 Sec. 11. [5.32] TEMPORARY TECHNOLOGY SURCHARGE.
25.14 Subdivision 1. Surcharge. For fiscal years 2008 and 2009, the following technology
25.15surcharges are imposed on the filing fees required under the following statutes:
25.16 (1) $25 for articles of incorporation filed under section 302A.151;
25.17 (2) $25 for articles of organization filed under section 322B.17;
25.18 (3) $25 for applications for certificates of authority to transact business in Minnesota
25.19filed under section 303.06;
25.20 (4) $20 for annual reports filed by non-Minnesota corporations under section
25.21303.14; and
25.22 (5) $50 for reinstatements to authority to transact business in Minnesota filed under
25.23section 303.19.
25.24 Subd. 2. Deposit. The surcharges listed in subdivision 1 shall be deposited into the
25.25uniform commercial code account.
25.26 Subd. 3. Expiration. This section expires June 30, 2009.
25.27 Sec. 12. [6.465] DEFINITIONS.
25.28 Subdivision 1. Application. For the purposes of this chapter, the terms defined in
25.29this section have the meaning given them.
25.30 Subd. 2. Political subdivision. "Political subdivision" means a county, home rule
25.31charter or statutory city, town, school district, metropolitan or regional agency, public
25.32corporation, political subdivision, or special district as defined in subdivision 3. "Political
25.33subdivision" does not include a metropolitan or regional agency or a public corporation
25.34audited 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 state agency 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. Minnesota Statutes 2006, section 16B.055, subdivision 1, is amended to read:
39.27 Subdivision 1.Governor's Advisory Council on Technology for People with
39.28Disabilities Federal Assistive Technology Act. (a) The Department of Administration
39.29shall serve as the lead agency to assist the Minnesota Governor's Advisory Council on
39.30Technology for People with Disabilities in carrying out all responsibilities pursuant to
39.31United States Code, title 29, section 2211 et seq., and any other responsibilities related
39.32to that program is designated as the lead agency to carry out all the responsibilities
39.33under the Assistive Technology Act of 1998, as provided by Public Law 108-364, as
40.1amended. The Minnesota Assistive Technology Advisory Council is established to fulfill
40.2the responsibilities required by the Assistive Technology Act, as provided by Public Law
40.3108-364, as amended. Because the existence of this council is required by federal law, this
40.4council does not expire and the expiration date provided in section 15.059, subdivision
40.55, does not apply.
40.6 (b) The governor shall appoint the membership of the council as required by the
40.7Assistive Technology Act of 1998, as provided by Public Law 108-364, as amended.
40.8After the governor has completed the appointments required by this subdivision, the
40.9commissioner of administration, or the commissioner's designee, shall convene the first
40.10meeting of the council following the appointments. Members shall serve two-year
40.11terms commencing July 1 of each odd-numbered year, and receive the compensation
40.12specified by the Assistive Technology Act of 1998, as provided by Public Law 108-364, as
40.13amended. The members of the council shall select their chair at the first meeting following
40.14their appointment.
40.15 Sec. 46. [16B.327] DEFINITIONS.
40.16 Subdivision 1. Application. For the purposes of section 16B.328, the definitions
40.17in this section have the meanings given.
40.18 Subd. 2. Energy conservation. "Energy conservation" means reducing energy use
40.19and includes: (1) using a light with lower wattage; and (2) using devices such as time
40.20controls, motion detectors, or on and off switches that limit unnecessary use of lighting.
40.21 Subd. 3. Cutoff luminaire. "Cutoff luminaire" means a luminaire in which 2.5
40.22percent or less of the lamp lumens are emitted above a horizontal plane through the
40.23luminaire's lowest part and ten percent or less of the lamp lumens are emitted at a vertical
40.24angle 80 degrees above the luminaire's lowest point.
40.25 Subd. 4. Light pollution. "Light pollution" means the shining of light produced by
40.26a luminaire above the height of the luminaire and into the sky.
40.27 Subd. 5. Lumen. "Lumen" means a unit of luminous flux. One footcandle is one
40.28lumen per square foot. For purposes of section 16B.328, the lumen-output values are
40.29the initial lumen output rating of the lamp.
40.30 Subd. 6. Luminaire "Luminaire" means a complete lighting unit consisting of a
40.31light source and all necessary mechanical, electrical, and decorative parts.
40.32 Subd. 7. Outdoor lighting fixture. "Outdoor lighting fixture" means any type of
40.33fixed or movable lighting equipment that is designed or used for illumination outdoors.
40.34The term includes billboard lighting, streetlights, searchlights, and other lighting used for
40.35advertising purposes and area lighting. The term does not include lighting equipment
41.1that is required by law to be installed on motor vehicles or lighting required for the safe
41.2operation of aircraft.
41.3 Sec. 47. [16B.328] STANDARDS FOR STATE FUNDED OUTDOOR LIGHTING
41.4FIXTURES; MODEL ORDINANCE.
41.5 Subdivision 1. Outdoor lighting fixtures. (a) An outdoor lighting fixture may be
41.6installed or replaced using state funds only if:
41.7 (1) the new or replacement outdoor lighting fixture is a cutoff luminaire if the rated
41.8output of the outdoor lighting fixture is greater than 1,800 lumens;
41.9 (2) the minimum illuminance adequate for the intended purpose is used with
41.10consideration given to nationally recognized standards;
41.11 (3) for lighting of a designated highway of the state highway system, the Department
41.12of Transportation determines that the purpose of the outdoor lighting fixture cannot be
41.13achieved by the installation of reflective road markers, lines, warning or informational
41.14signs, or other effective passive methods; and
41.15 (4) full consideration has been given to energy conservation and savings, reducing
41.16glare, minimizing light pollution, and preserving the natural night environment.
41.17 (b) Paragraph (a) does not apply if:
41.18 (1) a federal law, rule, or regulation preempts state law;
41.19 (2) the outdoor lighting fixture is used on a temporary basis because emergency
41.20personnel require additional illumination for emergency procedures;
41.21 (3) the outdoor lighting fixture is used on a temporary basis for nighttime work;
41.22 (4) special events or situations require additional illumination, provided that the
41.23illumination installed shields the outdoor lighting fixtures from direct view and minimizes
41.24upward lighting and light pollution;
41.25 (5) the outdoor lighting fixture is used solely to highlight the aesthetic aspects of
41.26a single object or distinctive building; or
41.27 (6) a compelling safety interest exists that cannot be addressed by another method.
41.28 (c) This subdivision does not apply to the operation and maintenance of lights or
41.29lighting systems purchased or installed, or for which design work is completed, before
41.30August 1, 2007.
41.31 (d) This section does not apply if a state agency or local unit of government
41.32determines that compliance with this section would:
41.33 (i) require an increased use of electricity;
41.34 (ii) increase the construction cost of a lighting system more than 15 percent over the
41.35construction cost of a lighting system that does not comply with this section;
42.1 (iii) increase the cost of operation and maintenance of the lighting system more than
42.2ten percent over the cost of operating and maintaining the existing lighting system over
42.3the life of the lighting system; or
42.4 (iv) result in a negative safety impact.
42.5 Subd. 2. Model ordinance. The commissioner of administration, in consultation
42.6with the commissioner of commerce, associations for local governments, and any other
42.7interested person, shall develop a model ordinance that can be adapted for use by cities,
42.8counties, and towns, governing outdoor lighting to reduce light pollution. The model
42.9ordinance must include provisions addressing elements similar to those in subdivision 1.
42.10In addition, the model ordinance must address:
42.11 (1) standards for lighting on private property, outdoor advertising, lighting on
42.12commercial, industrial, or institutional property, canopies covering fueling stations, and
42.13public streets, sidewalks, and alleys;
42.14 (2) how illumination levels should be measured;
42.15 (3) possible exemptions, such as for temporary emergency or hazard lighting;
42.16 (4) recommended elements for an exterior lighting plan for a development;
42.17 (5) treatment of nonconforming lighting;
42.18 (6) lighting standards that might apply in special subdistricts;
42.19 (7) light pole maximum heights; and
42.20 (8) light trespass.
42.21 Sec. 48. Minnesota Statutes 2006, section 16B.35, subdivision 1, is amended to read:
42.22 Subdivision 1. Percent of appropriations for art. An appropriation for the
42.23construction or alteration of any state building may contain an amount not to exceed
42.24the lesser of $100,000 or one percent of the total appropriation for the building for the
42.25acquisition of works of art, excluding landscaping, which may be an integral part of the
42.26building or its grounds, attached to the building or grounds or capable of being displayed
42.27in other state buildings.If the appropriation for works of art is limited by the $100,000
42.28cap in this section, the appropriation for the construction or alteration of the building must
42.29be reduced to reflect the reduced amount that will be spent on works of art. Money used
42.30for this purpose is available only for the acquisition of works of art to be exhibited in areas
42.31of a building or its grounds accessible, on a regular basis, to members of the public. No
42.32more than ten percent of the total amount available each fiscal year under this subdivision
42.33may be used for administrative expenses, either by the commissioner of administration or
42.34by any other entity to whom the commissioner delegates administrative authority. For the
43.1purposes of this section "state building" means a building the construction or alteration of
43.2which is paid for wholly or in part by the state.
43.3EFFECTIVE DATE.This section is effective July 1, 2007. The repeal of the
43.4$100,000 limit in this section applies to appropriations made before, on, or after that date.
43.5 Sec. 49. [16B.97] GRANTS MANAGEMENT.
43.6 Subdivision 1. Grant agreement. (a) A grant agreement is a written instrument
43.7or electronic document defining a legal relationship between a granting agency and a
43.8grantee when the principal purpose of the relationship is to transfer cash or something of
43.9value to the recipient to support a public purpose authorized by law instead of acquiring
43.10by professional/technical contract, purchase, lease, or barter property or services for the
43.11direct benefit or use of the granting agency.
43.12 (b) This section does not apply to capital project grants to political subdivisions as
43.13defined by section 16A.86.
43.14 Subd. 2. Grants governance. The commissioner shall provide leadership and
43.15direction for policy related to grants management in Minnesota in order to foster more
43.16consistent, streamlined interaction between executive agencies, funders, and grantees that
43.17will enhance access to grant opportunities and information and lead to greater program
43.18accountability and transparency. The commissioner has the duties and powers stated in this
43.19section. An executive agency must do what the commissioner requires under this section.
43.20 Subd. 3. Discretionary powers. The commissioner has the authority to:
43.21 (1) review grants management practices and propose policy and procedure
43.22improvements to the governor, legislature, executive agencies, and the federal government;
43.23 (2) sponsor, support, and facilitate innovative and collaborative grants management
43.24projects with public and private organizations;
43.25 (3) review, recommend, and implement alternative strategies for grants management;
43.26 (4) collect and disseminate information, issue reports relating to grants management,
43.27and sponsor and conduct conferences and studies; and
43.28 (5) participate in conferences and other appropriate activities related to grants
43.29management issues.
43.30 Subd. 4. Duties. (a) The commissioner shall:
43.31 (1) create general grants management policies and procedures that are applicable to
43.32all executive agencies. The commissioner may approve exceptions to these policies and
43.33procedures for particular grant programs. Exceptions shall expire or be renewed after five
43.34years. Executive agencies shall retain management of individual grants programs;
44.1 (2) provide a central point of contact concerning statewide grants management
44.2policies and procedures;
44.3 (3) serve as a resource to executive agencies in such areas as training, evaluation,
44.4collaboration, and best practices in grants management;
44.5 (4) ensure grants management needs are considered in the development, upgrade,
44.6and use of statewide administrative systems and leverage existing technology whereever
44.7possible;
44.8 (5) oversee and approve future professional and technical service contracts and
44.9other information technology spending related to executive agency grants management
44.10activities;
44.11 (6) provide a central point of contact for comments about executive agencies
44.12violating statewide grants governance policies and about fraud and waste in grants
44.13processes;
44.14 (7) forward received comments to the appropriate agency for further action, and
44.15may follow up as necessary; and
44.16 (8) provide a single listing of all available executive agency competitive grant
44.17opportunities and resulting grant recipients.
44.18 (b) The commissioner may determine that it is cost-effective for agencies to develop
44.19and use shared grants management technology systems. This system would be governed
44.20under section 16E.01, subdivision 3, paragraph (b).
44.21 (c) The duties assigned to the commissioner in this subdivision with respect to
44.22grants also apply to easements granted by executive agencies.
44.23 Sec. 50. [16B.98] GRANT AGREEMENTS.
44.24 Subdivision 1. Limitation. As a condition of receiving a grant from an appropriation
44.25of state funds, the recipient of the grant must agree to minimize administrative costs. The
44.26granting agency is responsible for negotiating appropriate limits to these costs so that the
44.27state derives the optimum benefit for grant funding.
44.28 Subd. 2. Ethical practices and conflict of interest. An employee of the executive
44.29branch involved directly or indirectly in grants processes, at any level, is subject to the
44.30code of ethics in section 43A.38.
44.31 Subd. 3. Conflict of interest. (a) The commissioner must develop policies
44.32regarding code of ethics and conflict of interest designed to prevent conflicts of interest
44.33for employees, committee members, or others involved in the recommendation, award,
44.34and administration of grants. The policies must apply to employees who are directly or
44.35indirectly in the grants process, which may include the following:
45.1 (1) developing request for proposals or evaluation criteria;
45.2 (2) drafting, recommending, awarding, amending, revising, or entering into grant
45.3agreements;
45.4 (3) evaluating or monitoring performance; or
45.5 (4) authorizing payments.
45.6 (b) The policies must include:
45.7 (1) a process to make all parties to the grant aware of policies and laws relating to
45.8conflict of interest, and training on how to avoid and address potential conflicts; and
45.9 (2) a process under which those who have a conflict of interest or a potential conflict
45.10of interest must disclose the matter.
45.11 (c) If the employee, appointing authority, or commissioner determines that a conflict
45.12of interest exists, the matter shall be assigned to another employee who does not have a
45.13conflict of interest. If it is not possible to assign the matter to an employee who does not
45.14have a conflict of interest, interested personnel shall be notified of the conflict and the
45.15employee may proceed with the assignment.
45.16 Subd. 4. Reporting of violations. A state employee who discovers evidence
45.17of violation of laws or rules governing grants is encouraged to report the violation or
45.18suspected violation to the employee's supervisor, the commissioner or the commissioner's
45.19designee, or the legislative auditor. The legislative auditor shall report to the Legislative
45.20Audit Commission if there are multiple complaints about the same agency. The auditor's
45.21report to the Legislative Audit Commission under this section must disclose only the
45.22number and type of violations alleged. An employee making a good faith report under this
45.23section has the protections provided for under section 181.932, prohibiting the employer
45.24from discriminating against the employee.
45.25 Subd. 5. Creation and validity of grant agreements. (a) A grant agreement is
45.26not valid and the state is not bound by the grant unless:
45.27 (1) the grant has been executed by the head of the agency or a delegate who is
45.28party to the grant; and
45.29 (2) the accounting system shows an encumbrance for the amount of the grant in
45.30accordance with policy approved by the commissioner.
45.31 (b) The combined grant agreement and amendments must not exceed five years
45.32without specific, written approval by the commissioner according to established policy,
45.33procedures, and standards, or unless the commissioner determines that a longer duration is
45.34in the best interest of the state.
46.1 (c) A fully executed copy of the grant agreement with all amendments and other
46.2required records relating to the grant must be kept on file at the granting agency for a time
46.3equal to that required of grantees in subdivision 8.
46.4 (d) Grant agreements must comply with policies established by the commissioner
46.5for minimum grant agreement standards and practices.
46.6 (e) The attorney general may periodically review and evaluate a sample of state
46.7agency grants to ensure compliance with applicable laws.
46.8 Subd. 6. Grant administration. A granting agency shall diligently administer
46.9and monitor any grant it has entered into.
46.10 Subd. 7. Grant payments. Payments to the grantee may not be issued until the
46.11grant agreement is fully executed.
46.12 Subd. 8. Audit. (a) A grant agreement made by an executive agency must include
46.13an expressed or implied audit clause that provides that the books, records, documents,
46.14and accounting procedures and practices of the grantee or other party that are relevant to
46.15the grant or transaction are subject to examination by the granting agency and either the
46.16legislative auditor or the state auditor, as appropriate, for a minimum of six years from the
46.17grant agreement end date, receipt and approval of all final reports, or the required period
46.18of time to satisfy all state and program retention requirements, whichever is later.
46.19 (b) If the granting agency is a local unit of government, and the governing body of
46.20the local unit of government requests that the state auditor examine the books, records,
46.21documents, and accounting procedures and practices of the grantee or other party
46.22according to this subdivision, the granting agency shall be liable for the cost of the
46.23examination. If the granting agency is a local unit of government, and the grantee or other
46.24party requests that the state auditor examine all books, records, documents, and accounting
46.25procedures and practices related to the grant, the grantee or other party that requested the
46.26examination shall be liable for the cost of the examination.
46.27 Subd. 9. Authority of attorney general. The attorney general may pursue
46.28remedies available by law to avoid the obligation of an agency to pay under a grant or to
46.29recover payments made if activities under the grant are so unsatisfactory, incomplete, or
46.30inconsistent that payment would involve unjust enrichment. The contrary opinion of the
46.31granting agency does not affect the power of the attorney general under this subdivision.
46.32 Subd. 10. Grants with Indian tribes and bands. Notwithstanding any other law,
46.33an agency may not require an Indian tribe or band to deny its sovereignty as a requirement
46.34or condition of a grant with an agency.
47.1 Sec. 51. Minnesota Statutes 2006, section 16C.02, is amended by adding a subdivision
47.2to read:
47.3 Subd. 3a. Best and final offer. "Best and final offer" means an optional step in
47.4the solicitation process in which responders are requested to improve their response by
47.5methods including, but not limited to, the reduction of cost, clarification or modification of
47.6the response, or the provision of additional information.
47.7 Sec. 52. Minnesota Statutes 2006, section 16C.02, subdivision 4, is amended to read:
47.8 Subd. 4. Best value. "Best value" describes a result intended in the acquisition of all
47.9goods and services. Price must be one of the evaluation criteria when acquiring goods
47.10and services. Other evaluation criteria may include, but are not limited to, environmental
47.11considerations, quality, and vendor performance. In achieving "best value" strategic
47.12sourcing tools, including but not limited to best and final offers, negotiations, contract
47.13consolidation, product standardization, and mandatory-use enterprise contracts shall be
47.14used at the commissioner's discretion.
47.15 Sec. 53. Minnesota Statutes 2006, section 16C.02, is amended by adding a subdivision
47.16to read:
47.17 Subd. 6a. Enterprise procurement. "Enterprise procurement" means the process
47.18undertaken by the commissioner to leverage economies of scale of multiple end users to
47.19achieve cost savings and other favorable terms in contracts for goods and services.
47.20 Sec. 54. Minnesota Statutes 2006, section 16C.02, subdivision 12, is amended to read:
47.21 Subd. 12. Request for proposal or RFP. "Request for proposal" or "RFP" means a
47.22solicitation in which it is not advantageous to set forth all the actual, detailed requirements
47.23at the time of solicitation and responses aresubject to negotiation negotiated to achieve
47.24best value for the state.
47.25 Sec. 55. Minnesota Statutes 2006, section 16C.02, subdivision 14, is amended to read:
47.26 Subd. 14. Response. "Response" means the offer received from a vendor in
47.27response to a solicitation. A response includes submissions commonly referred to as
47.28"offers," "bids," "quotes,"or "proposals.," "best and final offers," or "negotiated offers."
47.29 Sec. 56. Minnesota Statutes 2006, section 16C.02, is amended by adding a subdivision
47.30to read:
48.1 Subd. 20. Strategic sourcing. "Strategic sourcing" means methods used to
48.2analyze and reduce spending on goods and services, including but not limited to
48.3spend analysis, product standardization, contract consolidation, negotiations, multiple
48.4jurisdiction purchasing alliances, reverse and forward auctions, life-cycle costing, and
48.5other techniques.
48.6 Sec. 57. Minnesota Statutes 2006, section 16C.03, subdivision 2, is amended to read:
48.7 Subd. 2. Rulemaking authority. Subject to chapter 14, the commissioner may
48.8adopt rules, consistent with this chapter and chapter 16B, relating to the following topics:
48.9 (1) procurement process including solicitations and responses to solicitations, bid
48.10security, vendor errors, opening of responses, award of contracts, tied bids, and award
48.11protest process;
48.12 (2) contract performance and failure to perform;
48.13 (3) authority to debar or suspend vendors, and reinstatement of vendors;
48.14 (4) contract cancellation;
48.15 (5) procurement from rehabilitation facilities; and
48.16 (6) organizational conflicts of interest.
48.17 Sec. 58. Minnesota Statutes 2006, section 16C.03, subdivision 4, is amended to read:
48.18 Subd. 4. Contracting authority. The commissioner shall conduct all contracting by,
48.19for, and between agencies and perform all contract management and review functions for
48.20contracts, except those functions specifically delegated to be performed by the contracting
48.21agency, the attorney general, or otherwise provided for by law. The commissioner may
48.22require that agency staff participate in the development of enterprise procurements
48.23including the development of product standards, specifications and other requirements.
48.24 Sec. 59. Minnesota Statutes 2006, section 16C.03, subdivision 8, is amended to read:
48.25 Subd. 8. Policy and procedures. The commissioner is authorized to issue policies,
48.26procedures, and standards applicable to all acquisition activities by and for agencies.
48.27Consistent with the authority specified in this chapter, the commissioner shall develop
48.28and implement policies, procedures, and standards ensuring the optimal use of strategic
48.29sourcing techniques.
48.30 Sec. 60. Minnesota Statutes 2006, section 16C.03, subdivision 16, is amended to read:
48.31 Subd. 16. Delegation of duties. The commissioner may delegate duties imposed by
48.32this chapter to the head of an agency and to any subordinate of the agency head. Delegated
49.1duties shall be exercised in the name of the commissioner and under the commissioner's
49.2direct supervision and control. A delegation of duties may include, but is not limited to,
49.3allowing individuals within agencies to acquire goods, services, and utilities within dollar
49.4limitations and for designated types of acquisitions. Delegation of contract management
49.5and review functions must be filed with the secretary of state and may not, except with
49.6respect to delegations within the Department of Administration, exceed two years in
49.7duration. The commissioner may withdraw any delegation at the commissioner's sole
49.8discretion. The commissioner may require an agency head or subordinate to accept
49.9delegated responsibility to procure goods or services intended for the exclusive use of the
49.10agency receiving the delegation.
49.11 Sec. 61. [16C.046] WEB SITE WITH SEARCHABLE DATABASE ON STATE
49.12CONTRACTS AND GRANTS.
49.13 (a) The commissioner of administration must maintain a Web site with a searchable
49.14database providing the public with information on state contracts, including grant
49.15contracts. The database must include the following information for each state contract
49.16valued in excess of $25,000:
49.17 (1) the name and address of the entity receiving the contract;
49.18 (2) the name of the agency entering into the contract;
49.19 (3) whether the contract is:
49.20 (i) for goods;
49.21 (ii) for professional or technical services;
49.22 (iii) for services other than professional and technical services; or
49.23 (iv) a grant;
49.24 (4) a brief statement of the purpose of the contract or grant;
49.25 (5) the amount of the contract or grant and the fund from which this amount will be
49.26paid; and
49.27 (6) the dollar value of state contracts, other than grants, the entity has received in each
49.28fiscal year and the dollar value of state grants the entity has received in each fiscal year.
49.29 (b) Required information on a new contract or grant must be entered into the
49.30database within 30 days of the time the contract is entered into.
49.31 (c) For purposes of this section, a "grant" is a contract between a state agency and
49.32a recipient, the primary purpose of which is to transfer cash or a thing of value to the
49.33recipient to support a public purpose. Grant does not include payments to units of local
49.34government, payments to state employees, or payments made under laws providing for
49.35assistance to individuals.
50.1 (d) The database must include information on grants and contracts entered into
50.2beginning with fiscal year 2008 funds, and must retain that data for ten years.
50.3EFFECTIVE DATE.This section is effective January 1, 2008.
50.4 Sec. 62. Minnesota Statutes 2006, section 16C.05, subdivision 1, is amended to read:
50.5 Subdivision 1. Agency cooperation. Agencies shall fully cooperate with the
50.6commissioner in the management and review of state contracts and in the development
50.7and implementation of strategic sourcing techniques.
50.8 Sec. 63. Minnesota Statutes 2006, section 16C.05, subdivision 2, is amended to read:
50.9 Subd. 2. Creation and validity of contracts. (a) A contract is not valid and the state
50.10is not bound by it and no agency, without the prior written approval of the commissioner
50.11granted pursuant to subdivision 2a, may authorize work to begin on it unless:
50.12 (1) it has first been executed by the head of the agency or a delegate who is a party
50.13to the contract;
50.14 (2) it has been approved by the commissioner; and
50.15 (3) the accounting system shows an encumbrance for the amount of the contract
50.16liability, except as allowed by policy approved by the commissioner and commissioner of
50.17finance for routine, low-dollar procurements.
50.18 (b) The combined contract and amendments must not exceed five years without
50.19specific, written approval by the commissioner according to established policy, procedures,
50.20and standards, or unless otherwise provided for by law. The term of the original contract
50.21must not exceed two years unless the commissioner determines that a longer duration is
50.22in the best interest of the state.
50.23 (c) Grants, interagency agreements, purchase orders, work orders, and annual plans
50.24need not, in the discretion of the commissioner and attorney general, require the signature
50.25of the commissioner and/or the attorney general. A signature is not required for work
50.26orders and amendments to work orders related to Department of Transportation contracts.
50.27Bond purchase agreements by the Minnesota Public Facilities Authority do not require
50.28the approval of the commissioner.
50.29 (d) Amendments to contracts must entail tasks that are substantially similar to
50.30those in the original contract or involve tasks that are so closely related to the original
50.31contract that it would be impracticable for a different contractor to perform the work. The
50.32commissioner or an agency official to whom the commissioner has delegated contracting
50.33authority under section16C.03, subdivision 16 , must determine that an amendment would
50.34serve the interest of the state better than a new contract and would cost no more.
51.1 (e) A fully executed copy of every contract, amendments to the contract, and
51.2performance evaluations relating to the contract must be kept on file at the contracting
51.3agency for a time equal to that specified for contract vendors and other parties in
51.4subdivision 5.
51.5 (f) The attorney general must periodically review and evaluate a sample of state
51.6agency contracts to ensure compliance with laws.
51.7 Sec. 64. Minnesota Statutes 2006, section 16C.08, is amended by adding a subdivision
51.8to read:
51.9 Subd. 1a. Enterprise procurement. Notwithstanding section 15.061 or any
51.10other law, the commissioner shall, to the fullest extent practicable, conduct enterprise
51.11procurements that result in the establishment of professional or technical contracts for
51.12use by multiple state agencies. The commissioner is authorized to mandate use of any
51.13contract entered into as a result of an enterprise procurement process. Agencies shall fully
51.14cooperate in the development and use of contracts entered into under this section.
51.15 Sec. 65. Minnesota Statutes 2006, section 16C.08, subdivision 2, is amended to read:
51.16 Subd. 2. Duties of contracting agency. (a) Before an agency may seek approval of
51.17a professional or technical services contract valued in excess of $5,000, it must provide
51.18the following:
51.19 (1) a description of how the proposed contract or amendment is necessary and
51.20reasonable to advance the statutory mission of the agency;
51.21 (2) a description of the agency's plan to notify firms or individuals who may be
51.22available to perform the services called for in the solicitation;and
51.23 (3) a description of the performance measures or other tools that will be used to
51.24monitor and evaluate contract performance.; and
51.25 (4) an explanation detailing, if applicable, why this procurement is being pursued
51.26unilaterally by the agency and not as an enterprise procurement.
51.27 (b) In addition to paragraph (a), the agency must certify that:
51.28 (1) no current state employee is able and available to perform the services called
51.29for by the contract;
51.30 (2) the normal competitive bidding mechanisms will not provide for adequate
51.31performance of the services;
51.32 (3) reasonable efforts will be made to publicize the availability of the contract to
51.33the public;
52.1 (4) the agency will develop and implement a written plan providing for the
52.2assignment of specific agency personnel to manage the contract, including a monitoring
52.3and liaison function, the periodic review of interim reports or other indications of past
52.4performance, and the ultimate utilization of the final product of the services;
52.5 (5) the agency will not allow the contractor to begin work before the contract is fully
52.6executed unless an exception under section16C.05, subdivision 2a , has been granted by
52.7the commissioner and funds are fully encumbered;
52.8 (6) the contract will not establish an employment relationship between the state or
52.9the agency and any persons performing under the contract;and
52.10 (7) in the event the results of the contract work will be carried out or continued by
52.11state employees upon completion of the contract, the contractor is required to include
52.12state employees in development and training, to the extent necessary to ensure that after
52.13completion of the contract, state employees can perform any ongoing work related to
52.14the same function.; and
52.15 (8) the agency will not contract out its previously eliminated jobs for four years
52.16without first considering the same former employees who are on the seniority unit layoff
52.17list who meet the minimum qualifications determined by the agency.
52.18 (c) A contract establishes an employment relationship for purposes of paragraph (b),
52.19clause (6), if, under federal laws governing the distinction between an employee and an
52.20independent contractor, a person would be considered an employee.
52.21 Sec. 66. Minnesota Statutes 2006, section 16C.08, subdivision 4, is amended to read:
52.22 Subd. 4. Reports. (a) The commissioner shall submit to the governor, the chairs of
52.23the house Ways and Means and senate Finance Committees, and the Legislative Reference
52.24Library a yearly listing of all contracts for professional or technical services executed.
52.25The report must identify the contractor, contract amount, duration, and services to be
52.26provided. The commissioner shall also issue yearly reports summarizing the contract
52.27review activities of the department by fiscal year.
52.28 (b) The fiscal year report must be submitted by September 1 of each year and must:
52.29 (1) be sorted by agency and by contractor;
52.30 (2) show the aggregate value of contracts issued by each agency and issued to each
52.31contractor;
52.32 (3) distinguish between contracts that are being issued for the first time and contracts
52.33that are being extended;
52.34 (4) state the termination date of each contract;
53.1 (5) identify services by commodity code, including topics such as contracts for
53.2training, contracts for research and opinions, and contracts for computer systems; and
53.3 (6) identify which contracts were awarded without following the solicitation process
53.4in this chapter because it was determined that there was only a single source for the
53.5services.
53.6 (c) Within 30 days of final completion of a contract over $50,000 covered by this
53.7subdivision, the head of the agency entering into the contract must submit a one-page
53.8report to the commissioner who must submit a copy to the Legislative Reference Library.
53.9The report must:
53.10 (1) summarize the purpose of the contract, including why it was necessary to enter
53.11into a contract;
53.12 (2) state the amount spent on the contract;
53.13(3) be accompanied by the performance evaluation prepared according to subdivision
53.144a; and
53.15(4) (3) if the contract was awarded without following the solicitation process in this
53.16chapter because it was determined that there was only a single source for the services,
53.17explain why the agency determined there was only a single source for the services.; and
53.18 (4) include a written performance evaluation of the work done under the contract.
53.19The evaluation must include an appraisal of the contractor's timeliness, quality, cost, and
53.20overall performance in meeting the terms and objectives of the contract. Contractors may
53.21request copies of evaluations prepared under this subdivision and may respond in writing.
53.22Contractor responses must be maintained with the contract file.
53.23 Sec. 67. Minnesota Statutes 2006, section 16C.08, is amended by adding a subdivision
53.24to read:
53.25 Subd. 4b. Limitations on actions. No action may be maintained by a contractor
53.26against an employee or agency who discloses information about a current or former
53.27contractor under subdivision 4, unless the contractor demonstrates by clear and convincing
53.28evidence that:
53.29 (1) the information was false and defamatory;
53.30 (2) the employee or agency knew or should have known the information was false
53.31and acted with malicious intent to injure the current or former contractor; and
53.32 (3) the information was acted upon in a manner that caused harm to the current or
53.33former contractor.
53.34 Sec. 68. [16C.086] CALL-CENTER.
54.1 An agency may not enter into a contract for operation of a call-center, or a contract
54.2whose primary purpose is to provide similar services answering or responding to telephone
54.3calls on behalf of an agency without determining if the service can be provided by state
54.4employees, and the services must be provided at offices located in the United States. For
54.5purposes of this section, "agency" includes the Minnesota State Colleges and Universities.
54.6EFFECTIVE DATE.This section is effective the day following final enactment,
54.7and applies to a contract entered into or renewed or otherwise extended after that date.
54.8 Sec. 69. Minnesota Statutes 2006, section 16C.10, subdivision 7, is amended to read:
54.9 Subd. 7. Reverse auction. (a) For the purpose of this subdivision, "reverse auction"
54.10means a purchasing process in which vendors compete to provide goods orcomputer
54.11services at the lowest selling price in an open and interactive environment. Reverse
54.12auctions may not be utilized to procure engineering design services or architectural
54.13services or to establish building and construction contracts under sections 16C.26 to
54.1416C.29.
54.15 (b) The provisions of sections13.591, subdivision 3 , and
16C.06, subdivision 2 ,
54.16do not apply when the commissioner determines that a reverse auction is the appropriate
54.17purchasing process.
54.18 Sec. 70. Minnesota Statutes 2006, section 16C.16, subdivision 5, is amended to read:
54.19 Subd. 5. Designation of targeted groups. (a) The commissioner of administration
54.20shall periodically designate businesses that are majority owned and operated by women,
54.21persons with a substantial physical disability, or specific minorities as targeted group
54.22businesses within purchasing categories as determined by the commissioner. A group
54.23may be targeted within a purchasing category if the commissioner determines there is a
54.24statistical disparity between the percentage of purchasing from businesses owned by
54.25group members and the representation of businesses owned by group members among all
54.26businesses in the state in the purchasing category.
54.27 (b) In addition to designations under paragraph (a), an individual business may be
54.28included as a targeted group business if the commissioner determines that inclusion is
54.29necessary to remedy discrimination against the owner based on race, gender, or disability
54.30in attempting to operate a business that would provide goods or services to public agencies.
54.31 (c) In addition to the designations under paragraphs (a) and (b), the commissioner of
54.32administration shall designate businesses that are majority owned and operated by veterans
54.33who have served in federal active service as defined in section 190.05, subdivision 5c, in
54.34support of Operation Enduring Freedom or Operation Iraqi Freedom as targeted group
55.1businesses within purchasing categories as determined by the commissioner. "Veteran"
55.2has the meaning given in section 197.447, and also includes both currently serving and
55.3honorably discharged members of the national guard and other military reserves.
55.4(c) (d) The designations of purchasing categories and businesses under paragraphs
55.5(a)and, (b), and (c) are not rules for purposes of chapter 14, and are not subject to
55.6rulemaking procedures of that chapter.
55.7EFFECTIVE DATE.This section is effective July 1, 2007, and applies to
55.8procurement contract bid solicitations issued on and after that date.
55.9 Sec. 71. [16C.251] BEST AND FINAL OFFER.
55.10 A "best and final offer" solicitation process may not be used for building and
55.11construction contracts.
55.12 Sec. 72. [16E.22] LICENSING SYSTEM.
55.13 The state chief information officer may enter into a professional or technical services
55.14contract for information systems development in which the vendor finances all or part
55.15of the cost of system development. The state chief information officer may assess and
55.16accept a fee for business and occupational licenses for the purpose of developing and
55.17maintaining a licensing system. Before implementing a fee under this section, the director
55.18must submit the proposed fee to the Legislative Advisory Commission for its review. Fees
55.19under this section must be established under the rulemaking process in section 14.389.
55.20Section 16A.1283 does not apply to fees established under this section. Fee revenue
55.21received under this section is appropriated in fiscal years 2008 and 2009 to the Office of
55.22Enterprise Technology for purposes of developing and maintaining an electronic system
55.23for business and occupational licenses.
55.24 Sec. 73. Minnesota Statutes 2006, section 37.06, is amended to read:
55.2537.06 SECRETARY; LEGISLATIVE AUDITOR; DUTIES; REPORT.
55.26 The secretary shall keep a complete record of the proceedings of the annual meetings
55.27of the State Agricultural Society and all meetings of the board of managers and any
55.28committee of the board, keep all accounts of the society other than those kept by the
55.29treasurer of the society, and perform other duties as directed by the board of managers. On
55.30or before December 31 each year, the secretary shall report to the governor for the fiscal
55.31year ending October 31 all the proceedings of the society during the current year and its
56.1financial condition as appears from its books. This report must contain a full, detailed
56.2statement of all receipts and expenditures during the year.
56.3 The books and accounts of the society for the fiscal year must be examined and
56.4audited annually by the legislative auditor. The cost of the examination must be paid by the
56.5society to the state and credited to thegeneral fund appropriation for the legislative auditor.
56.6 A summary of this examination, certified by the legislative auditor, must be
56.7appended to the secretary's report, along with the legislative auditor's recommendations
56.8and the proceedings of the first annual meeting of the society held following the secretary's
56.9report, including addresses made at the meeting as directed by the board of managers. The
56.10summary, recommendations, and proceedings must be printed in the same manner as the
56.11reports of state officers. Copies of the report must be printed annually and distributed as
56.12follows: to each society or association entitled to membership in the society, to each
56.13newspaper in the state, and the remaining copies as directed by the board of managers.
56.14EFFECTIVE DATE.This section is effective the day following final enactment.
56.15 Sec. 74. Minnesota Statutes 2006, section 43A.02, is amended by adding a subdivision
56.16to read:
56.17 Subd. 18a. Domestic partner. "Domestic partner" means a person who has entered
56.18into a committed interdependent relationship with another adult, where the partners:
56.19 (1) are responsible for each other's basic common welfare;
56.20 (2) share a common residence and intend to do so indefinitely;
56.21 (3) are not related by blood or adoption to an extent that would prohibit marriage in
56.22this state; and
56.23 (4) are legally competent and qualified to enter into a contract.
56.24 For purposes of this subdivision, domestic partners may share a common residence,
56.25even if:
56.26 (1) they do not each have a legal right to possess the residence; or
56.27 (2) one or both domestic partners possess additional real property.
56.28 If one domestic partner temporarily leaves the common residence with the intention
56.29to return, the domestic partners continue to share a common residence for the purposes
56.30of this subdivision.
56.31 Sec. 75. Minnesota Statutes 2006, section 43A.24, subdivision 1, is amended to read:
56.32 Subdivision 1. General. Employees, including persons on layoff from a civil
56.33service position, and employees who are employed less than full time, shall be eligible
56.34for state paid life insurance and hospital, medical and dental benefits as provided in
57.1collective bargaining agreements or plans established pursuant to section43A.18 . If a
57.2collective bargaining agreement or plan provides state paid health insurance for spouses of
57.3employees, the insurance must be made available to domestic partners of state employees
57.4on the same terms and conditions.
57.5 Sec. 76. Minnesota Statutes 2006, section 43A.49, is amended to read:
57.643A.49 VOLUNTARY UNPAID LEAVE OF ABSENCE.
57.7 (a) Appointing authorities in state government may allow each employee to take
57.8unpaid leaves of absence for up to 1,040 hoursbetween June 1, 2003, and June 30, 2005.
57.9The 1,040 hour limit replaces, and is not in addition to, limits set in prior laws in each
57.10two-year period beginning July 1 of each odd-numbered year. Each appointing authority
57.11approving such a leave shall allow the employee to continue accruing vacation and
57.12sick leave, be eligible for paid holidays and insurance benefits, accrue seniority, and, if
57.13payments are made under paragraph (b), accrue service credit and credited salary in the
57.14state retirement plans, as if the employee had actually been employed during the time of
57.15leave. An employee covered by the unclassified plan may voluntarily make the employee
57.16contributions to the unclassified plan during the leave of absence. If the employee makes
57.17these contributions, the appointing authority must make the employer contribution. If the
57.18leave of absence is for one full pay period or longer, any holiday pay shall be included in
57.19the first payroll warrant after return from the leave of absence. The appointing authority
57.20shall attempt to grant requests for the unpaid leaves of absence consistent with the need to
57.21continue efficient operation of the agency. However, each appointing authority shall retain
57.22discretion to grant or refuse to grant requests for leaves of absence and to schedule and
57.23cancel leaves, subject to the applicable provisions of collective bargaining agreements
57.24and compensation plans.
57.25 (b) To receive eligible service credit and credited salary in a defined benefit plan, the
57.26member shall pay an amount equal to the applicable employee contribution rates. If an
57.27employee pays the employee contribution for the period of the leave under this section,
57.28the appointing authority must pay the employer contribution. The appointing authority
57.29may, at its discretion, pay the employee contributions. Contributions must be made in a
57.30time and manner prescribed by the executive director of the Minnesota State Retirement
57.31Association System.
57.32 Sec. 77. [43A.50] CERTIFICATE OF PAY EQUITY COMPLIANCE.
57.33 Subdivision 1. Scope of application. For a contract for goods or services in excess
57.34of $100,000, a state department or agency may not accept a bid or proposal from a
58.1business having more than 40 full-time employees within the state on a single working
58.2day during the previous 12 months unless the commissioner has approved the business'
58.3plan to establish equitable compensation relationships for its employees and has issued the
58.4business a certificate of compliance. A certificate of compliance is valid for two years.
58.5 Subd. 2. Compliance; good faith effort. (a) The commissioner must approve a
58.6plan and issue a certificate of compliance under this section to a business if the business
58.7demonstrates that it is in compliance with equitable compensation relationship standards
58.8or is making a good faith effort to achieve compliance with those standards. The standards
58.9for determining equitable compensation relationships for a business under this section
58.10are the same as the standards in sections 471.991 to 471.997 and rules adopted under
58.11those sections.
58.12 (b) A business that is not in compliance with equitable compensation relationship
58.13standards is making a good faith effort to achieve compliance if the commissioner has
58.14approved:
58.15 (1) a plan for achieving compliance, including the business' proposed actions and
58.16response to the commissioner's recommendations; and
58.17 (2) a proposed date for achieving compliance and for submitting a revised report
58.18for the commissioner's review.
58.19 Subd. 3. Filing fee; account; appropriation. The commissioner shall collect
58.20a $75 fee for each certificate of compliance issued by the commissioner under this
58.21section. The proceeds of the fee must be deposited in a pay equity fee special revenue
58.22account. Money in the account is appropriated to the commissioner to fund the cost of
58.23administering this section.
58.24 Subd. 4. Revocation of certificate. A certificate of compliance may be suspended
58.25or revoked by the commissioner if a holder of a certificate is not effectively implementing
58.26or making a good faith effort to implement its approved plan to establish equitable
58.27compensation relationships. If a contractor does not effectively implement its approved
58.28plan, or fails to make a good faith effort to do so, the commissioner of employee relations
58.29may refuse to approve subsequent plans submitted by that business.
58.30 Subd. 5. Revocation of contract. A contract awarded by a department or agency of
58.31the state may be terminated or abridged by the contracting department or agency because
58.32of suspension or revocation of a certificate. If a contract is awarded to a business that does
58.33not have a contract compliance certificate as required, the commissioner of administration
58.34may void the contract on behalf of the state.
58.35 Subd. 6. Technical assistance. If the commissioner has suspended a contractor's
58.36certificate of compliance, the commissioner shall provide technical assistance that may
59.1enable the contractor to be recertified within 90 days after the contractor's certificate
59.2has been suspended.
59.3 Subd. 7. Access to data. Data submitted to the commissioner by a contractor
59.4or potential contractor for purposes of obtaining a certificate of compliance under this
59.5section are private data on individuals or nonpublic data with respect to persons other
59.6than department employees. The commissioner's decision to grant, not grant, revoke, or
59.7suspend a certificate of compliance is public data.
59.8EFFECTIVE DATE.This section is effective July 1, 2007, and applies to contracts
59.9for which a state department or agency issues solicitations on or after that date.
59.10 Sec. 78. Minnesota Statutes 2006, section 103D.355, is amended to read:
59.11103D.355 ANNUAL AUDIT.
59.12 Subdivision 1. Requirement. The managers must have an annual audit completed
59.13of the books and accounts of the watershed district. The annual audit may be made by
59.14a private certified public accountant or by the state auditor.The annual audit must be
59.15made by a certified public accountant or the state auditor at least once every five years, or
59.16when cumulative district revenues or expenditures exceed an amount established by the
59.17board in consultation with the state auditor.
59.18 Subd. 2. Audit by state auditor. (a)If the annual An audit is to be made by the
59.19state auditor, the audit must may be initiated by a petition of the resident owners of the
59.20watershed district or resolution of the managers of the watershed district. The petition
59.21must request an annual audit pursuant to the authority granted municipalities under
59.22sections6.54 and
6.55 . The state auditor may conduct such examinations of accounts and
59.23records as the state auditor may deem the public interest to demand.
59.24 (b) If the audit or examination is made by the state auditor, the watershed
59.25district receiving the examination must pay the state the total cost and expenses of the
59.26examination, including the salaries paid to the examiners while actually engaged in
59.27making the examination. The general fund must be credited with all collections made
59.28for examinations under this subdivision.
59.29 Subd. 3. Reports for state auditor. The managers must make and submit reports
59.30demanded by the state auditor.
59.31 Sec. 79. Minnesota Statutes 2006, section 161.1419, subdivision 8, is amended to read:
59.32 Subd. 8. Expiration. The commission expires on June 30,2007 2012.
60.1 Sec. 80. Minnesota Statutes 2006, section 181.9413, is amended to read:
60.2181.9413 SICKOR INJURED CHILD CARE LEAVE BENEFITS; USE TO
60.3CARE FOR CERTAIN RELATIVES.
60.4 (a) An employee may use personal sick leave benefits provided by the employer
60.5for absences due to an illness of or injury to the employee's child, spouse, sibling, parent,
60.6grandparent, stepparent, or domestic partner for such reasonable periods as the employee's
60.7attendance with the child may be necessary, on the same terms upon which the employee
60.8is able to use sick leave benefits for the employee's own illness or injury. This section
60.9applies only to personal sick leave benefits payable to the employee from the employer's
60.10general assets.
60.11 (b) For purposes of this section, "personal sick leave benefits" means time accrued
60.12and available to an employee to be used as a result of absence from work due to personal
60.13illness or injury, but does not include short-term or long-term disability or other salary
60.14continuation benefits.
60.15 (c) For purposes of this section, "domestic partner" means a person who has entered
60.16into a committed interdependent relationship with another adult, where the partners:
60.17 (1) are responsible for each other's basic common welfare;
60.18 (2) share a common residence and intend to do so indefinitely;
60.19 (3) are not related by blood or adoption to an extent that would prohibit marriage in
60.20this state; and
60.21 (4) are legally competent and qualified to enter into a contract.
60.22 For purposes of this section, domestic partners may share a common residence even
60.23if they do not have a legal right to possess the residence or one or both domestic partners
60.24possess additional real property.
60.25 If one domestic partner temporarily leaves the common residence with the intention
60.26to return, the domestic partners continue to share a common residence for the purposes
60.27of this section.
60.28 (d) For purposes of this section, a person is an "employee" of a school district during
60.29any period of employment with that district after the person has been employed by the
60.30district for at least one school year.
60.31EFFECTIVE DATE.This section is effective August 1, 2007, and applies to sick
60.32leave used on or after that date.
60.33 Sec. 81. Minnesota Statutes 2006, section 270C.03, subdivision 1, is amended to read:
61.1 Subdivision 1. Powers and duties. The commissioner shall have and exercise
61.2the following powers and duties:
61.3 (1) administer and enforce the assessment and collection of taxes;
61.4 (2) make determinations, corrections, and assessments with respect to taxes,
61.5including interest, additions to taxes, and assessable penalties;
61.6 (3) use statistical or other sampling techniques consistent with generally accepted
61.7auditing standards in examining returns or records and making assessments;
61.8 (4) investigate the tax laws of other states and countries, and formulate and submit
61.9to the legislature such legislation as the commissioner may deem expedient to prevent
61.10evasions of state revenue laws and to secure just and equal taxation and improvement in
61.11the system of state revenue laws;
61.12 (5) consult and confer with the governor upon the subject of taxation, the
61.13administration of the laws in regard thereto, and the progress of the work of the
61.14department, and furnish the governor, from time to time, such assistance and information
61.15as the governor may require relating to tax matters;
61.16 (6) execute and administer any agreement with the secretary of the treasury or the
61.17Bureau of Alcohol, Tobacco, Firearms, and Explosives in the Department of Justice of the
61.18United States or a representative of another state regarding the exchange of information
61.19and administration of the state revenue laws;
61.20 (7) require town, city, county, and other public officers to report information as to the
61.21collection of taxes received from licenses and other sources, and such other information
61.22as may be needful in the work of the commissioner, in such form as the commissioner
61.23may prescribe;
61.24 (8) authorize the use of unmarked motor vehicles to conduct seizures or criminal
61.25investigations pursuant to the commissioner's authority;and
61.26 (9) maintain toll-free telephone access for taxpayer assistance for calls from
61.27locations within the state; and
61.28 (10) exercise other powers and authority and perform other duties required of or
61.29imposed upon the commissioner by law.
61.30EFFECTIVE DATE.This section is effective January 1, 2008.
61.31 Sec. 82. [270C.21] TAXPAYER ASSISTANCE GRANTS.
61.32 When the commissioner awards grants to nonprofit organizations to coordinate,
61.33facilitate, encourage, and aid in the provision of taxpayer assistance services, the
61.34commissioner must provide public notice of the grants in a timely manner so that the
61.35grant process is completed and grants are awarded by October 1, in order for recipient
62.1organizations to adequately plan expenditures for the filing season. At the time the
62.2commissioner provides public notice, the commissioner must also notify nonprofit
62.3organizations that received grants in the previous biennium.
62.4EFFECTIVE DATE.This section is effective the day following final enactment.
62.5 Sec. 83. Minnesota Statutes 2006, section 302A.821, subdivision 4, is amended to read:
62.6 Subd. 4. Penalty; reinstatement. (a) A corporation that has failed to file a
62.7registration pursuant to the requirements of subdivision 2 must be dissolved by the
62.8secretary of state as described in paragraph (b).
62.9 (b) If the corporation has not filed the registrationfor two consecutive during
62.10any calendaryears year, the secretary of state must issue a certificate of administrative
62.11dissolution and the certificate must be filed in the Office of the Secretary of State.The
62.12secretary of state shall send notice to the corporation that the corporation has been
62.13dissolved and that the corporation may be reinstated by filing a registration and a $25 fee.
62.14The notice must be given by United States mail unless the company has indicated to the
62.15secretary of state that they are willing to receive notice by electronic notification, in which
62.16case the secretary of state may give notice by mail or the indicated means. The secretary
62.17of state shall annually inform the attorney general and the commissioner of revenue of
62.18the methods by which the names of corporations dissolved under this section during the
62.19preceding year may be determined. The secretary of state must also make available in
62.20an electronic format the names of the dissolved corporations. A corporation dissolved in
62.21this manner is not entitled to the benefits of section302A.781 . The liability, if any, of the
62.22shareholders of a corporation dissolved in this manner shall be determined and limited in
62.23accordance with section302A.557 , except that the shareholders shall have no liability to
62.24any director of the corporation under section302A.559, subdivision 2 .
62.25 (c) After administrative dissolution, filing a registration and the $25 fee with the
62.26secretary of state:
62.27 (1) returns the corporation to good standing as of the date of the dissolution;
62.28 (2) validates contracts or other acts within the authority of the articles, and the
62.29corporation is liable for those contracts or acts; and
62.30 (3) restores to the corporation all assets and rights of the corporation to the extent
62.31they were held by the corporation before the dissolution occurred, except to the extent that
62.32assets or rights were affected by acts occurring after the dissolution or sold or otherwise
62.33distributed after that time.
62.34EFFECTIVE DATE.This section is effective January 1, 2008.
63.1 Sec. 84. Minnesota Statutes 2006, section 308A.995, subdivision 4, is amended to read:
63.2 Subd. 4. Penalty; dissolution. (a) A cooperative that has failed to file a registration
63.3pursuant to the requirements of this section by December 31 of the calendar year for which
63.4the registration was required must be dissolved by the secretary of state as described in
63.5paragraph (b).
63.6 (b) If the cooperative has not filed the registration by December 31 of that calendar
63.7year, the secretary of state must issue a certificate of involuntary dissolution, and the
63.8certificate must be filed in the Office of the Secretary of State.The secretary of state must
63.9annually inform the attorney general and the commissioner of revenue of the methods by
63.10which the names of cooperatives dissolved under this section during the preceding year
63.11may be determined. The secretary of state must also make available in an electronic
63.12format the names of the dissolved cooperatives. A cooperative dissolved in this manner is
63.13not entitled to the benefits of section308A.981 .
63.14EFFECTIVE DATE.This section is effective January 1, 2008.
63.15 Sec. 85. Minnesota Statutes 2006, section 308B.121, subdivision 4, is amended to read:
63.16 Subd. 4. Penalty; dissolution. (a) A cooperative that has failed to file a registration
63.17under the requirements of this section must be dissolved by the secretary of state as
63.18described in paragraph (b).
63.19 (b) If the cooperative has not filed the registration by December 31 of that calendar
63.20year, the secretary of state must issue a certificate of involuntary dissolution and the
63.21certificate must be filed in the Office of the Secretary of State.The secretary of state must
63.22annually inform the attorney general and the commissioner of revenue of the methods by
63.23which the names of cooperatives dissolved under this section during the preceding year
63.24may be determined. The secretary of state must also make available in an electronic
63.25format the names of the dissolved cooperatives. A cooperative dissolved in this manner is
63.26not entitled to the benefits of section308B.971 .
63.27EFFECTIVE DATE.This section is effective January 1, 2008.
63.28 Sec. 86. Minnesota Statutes 2006, section 308B.215, subdivision 2, is amended to read:
63.29 Subd. 2. Filing. The original articles and a designation of the cooperative's
63.30registered office and agent, including a registration form under section
308B.121, shall
63.31be filed with the secretary of state. The fee for filing the articles with the secretary of
63.32state is $60.
63.33EFFECTIVE DATE.This section is effective August 1, 2007.
64.1 Sec. 87. [308B.903] NOTICE OF INTENT TO DISSOLVE.
64.2 Before a cooperative begins dissolution, a notice of intent to dissolve must be filed
64.3with the secretary of state. The notice must contain:
64.4 (1) the name of the cooperative;
64.5 (2) the date and place of the members' meeting at which the resolution was
64.6approved; and
64.7 (3) a statement that the requisite vote of the members approved the proposed
64.8dissolution.
64.9EFFECTIVE DATE.This section is effective August 1, 2007.
64.10 Sec. 88. Minnesota Statutes 2006, section 317A.823, subdivision 1, is amended to read:
64.11 Subdivision 1. Annual registration. (a) The secretary of state must send annually
64.12to each corporation at the registered office of the corporation a postcard notice announcing
64.13the need to file the annual registration and informing the corporation that the annual
64.14registration may be filed online and that paper filings may also be made, and informing
64.15the corporation that failing to file the annual registration will result in an administrative
64.16dissolution of the corporation.
64.17 (b)Except for corporations to which paragraph (d) applies, Each calendar year
64.18beginning in the calendar year following the calendar year in which a corporation
64.19incorporates, a corporation must file with the secretary of state by December 31 of each
64.20calendar year a registration containing the information listed in paragraph (c).
64.21 (c) The registration must include:
64.22 (1) the name of the corporation;
64.23 (2) the address of its registered office;
64.24 (3) the name of its registered agent, if any; and
64.25 (4) the name and business address of the officer or other person exercising the
64.26principal functions of president of the corporation.
64.27(d) The timely filing of an annual financial report and audit or an annual financial
64.28statement under section
69.051, subdivision 1 or 1a, by a volunteer firefighter relief
64.29association, as reflected in the notification by the state auditor under section
69.051,
64.30subdivision 1c
, constitutes presentation of the corporate registration. The secretary of state
64.31may reject the registration by the volunteer firefighter relief association. Rejection must
64.32occur if the information provided to the state auditor does not match the information
64.33in the records of the secretary of state. The volunteer firefighter relief association may
64.34amend the articles of incorporation as provided in sections
317A.131 to
317A.151 so
64.35that the information from the state auditor may be accepted for filing. The timely filing
65.1of an annual financial report and audit or an annual financial statement under section
65.269.051, subdivision 1 or 1a, does not relieve the volunteer firefighter relief association
65.3of the requirement to file amendments to the articles of incorporation directly with the
65.4secretary of state.
65.5EFFECTIVE DATE.This section is effective August 1, 2007.
65.6 Sec. 89. Minnesota Statutes 2006, section 321.0206, is amended to read:
65.7321.0206 DELIVERY TO AND FILING OF RECORDS BY SECRETARY OF
65.8STATE; EFFECTIVE TIME AND DATE.
65.9 (a) A record authorized or required to be delivered to the secretary of state for filing
65.10under this chapter must be captioned to describe the record's purpose, be in a medium
65.11permitted by the secretary of state, and be delivered to the secretary of state. Unless the
65.12secretary of state determines that a record does not comply with the filing requirements
65.13of this chapter, and if the appropriate filing fees have been paid, the secretary of state
65.14shall file the record and:
65.15 (1) for a statement of dissociation, send:
65.16 (A) a copy of the filed statement to the person which the statement indicates has
65.17dissociated as a general partner; and
65.18 (B) a copy of the filed statement to the limited partnership;
65.19 (2) for a statement of withdrawal, send:
65.20 (A) a copy of the filed statement to the person on whose behalf the record was
65.21filed; and
65.22 (B) if the statement refers to an existing limited partnership, a copy of the filed
65.23statement to the limited partnership; and
65.24 (3) for all other records, send a copy of the filed record to the person on whose
65.25behalf the record was filed.
65.26 (b) Upon request and payment of a fee, the secretary of state shall send to the
65.27requester a certified copy of the requested record.
65.28 (c) Except as otherwise provided in sections321.0116 and
321.0207 , a record
65.29delivered to the secretary of state for filing under this chapter may specify an effective
65.30time and a delayed effective date. Except as otherwise provided in this chapter, a record
65.31filed by the secretary of state is effective:
65.32 (1) if the record does not specify an effective time and does not specify a delayed
65.33effective date, on the date and at the time the record is filed as evidenced by the secretary
65.34of state's endorsement of the date and time on the record;
66.1 (2) if the record specifies an effective time but not a delayed effective date, on the
66.2date the record is filed at the time specified in the record;
66.3 (3) if the record specifies a delayed effective date but not an effective time, at 12:01
66.4a.m. on the earlier of:
66.5 (A) the specified date; or
66.6 (B) the 30th day after the record is filed; or
66.7 (4) if the record specifies an effective time and a delayed effective date, at the
66.8specified time on the earlier of:
66.9 (A) the specified date; or
66.10 (B) the 30th day after the record is filed.
66.11 (d) The appropriate fees for filings under this chapter are:
66.12 (1) for filing a certificate of limited partnership, $100;
66.13 (2) for filing an amended certificate of limited partnership, $50;
66.14 (3) for filing any other record, other than the annual report required by section
66.15321.0210, for which no fee must be charged, required or permitted to be delivered for
66.16filing, $35;
66.17 (4) for filing a certificate requesting authority to transact business in Minnesota as a
66.18foreign limited partnership, $85;
66.19 (5) for filing an application of reinstatement, $25;and
66.20 (6) for filing a name reservation for a foreign limited partnership name, $35; and
66.21 (7) for filing any other record, other than the annual report required by section
66.22321.0210, for which no fee must be charged, required or permitted to be delivered for
66.23filing on a foreign limited partnership authorized to transact business in Minnesota, $50.
66.24EFFECTIVE DATE.This section is effective July 1, 2007.
66.25 Sec. 90. [321.0909] NAME CHANGES FILED IN HOME STATE.
66.26 A foreign limited partnership shall notify the secretary of state of any changes to the
66.27partnership name filed with the state of formation by filing a certificate from the state of
66.28formation certifying to the change of name.
66.29EFFECTIVE DATE.This section is effective August 1, 2007.
66.30 Sec. 91. Minnesota Statutes 2006, section 336.1-110, is amended to read:
66.31336.1-110 UNIFORM COMMERCIAL CODE ACCOUNT.
66.32 The Uniform Commercial Code account is established as an account in the state
66.33treasury. Fees that are not expressly set by statute but are charged by the secretary of state
67.1to offset the costs of providing a service under this chapter must be deposited in the state
67.2treasury and credited to the Uniform Commercial Code account.
67.3 Fees that are not expressly set by statute but are charged by the secretary of state
67.4to offset the costs of providing information contained in the computerized records
67.5maintained by the secretary of state must be deposited in the state treasury and credited to
67.6the Uniform Commercial Code account.
67.7 Money in the Uniform Commercial Code account is continuously appropriated to the
67.8secretary of state to implement and maintain the central filing system under this chapter,
67.9to provide, improve, and expand other online or remote lien and business entity filing,
67.10retrieval, and payment method services provided by the secretary of state, and to provide
67.11electronic access to other computerized records maintained by the secretary of state.
67.12EFFECTIVE DATE.This section is effective August 1, 2007.
67.13 Sec. 92. Minnesota Statutes 2006, section 336.9-516, is amended to read:
67.14336.9-516 WHAT CONSTITUTES FILING; EFFECTIVENESS OF FILING.
67.15 (a) What constitutes filing. Except as otherwise provided in subsection (b),
67.16communication of a record to a filing office and tender of the filing fee or acceptance of
67.17the record by the filing office constitutes filing.
67.18 (b) Refusal to accept record; filing does not occur. Filing does not occur with
67.19respect to a record that a filing office refuses to accept because:
67.20 (1) the record is not communicated by a method or medium of communication
67.21authorized by the filing office. For purposes of filing office authorization, transmission of
67.22records using the Extensible Markup Language (XML) format is authorized by the filing
67.23office after the later of July 1, 2007, or the determination of the secretary of state that the
67.24central filing system is capable of receiving and processing these records;
67.25 (2) an amount equal to or greater than the applicable filing fee is not tendered;
67.26 (3) the filing office is unable to index the record because:
67.27 (A) in the case of an initial financing statement, the record does not provide a name
67.28for the debtor;
67.29 (B) in the case of an amendment or correction statement, the record:
67.30 (i) does not identify the initial financing statement as required by section336.9-512
67.31or336.9-518 , as applicable; or
67.32 (ii) identifies an initial financing statement whose effectiveness has lapsed under
67.33section336.9-515 ;
68.1 (C) in the case of an initial financing statement that provides the name of a debtor
68.2identified as an individual or an amendment that provides a name of a debtor identified as
68.3an individual which was not previously provided in the financing statement to which the
68.4record relates, the record does not identify the debtor's last name; or
68.5 (D) in the case of a record filed or recorded in the filing office described in section
68.6336.9-501(a)(1)
, the record does not provide a sufficient description of the real property
68.7to which it relates;
68.8 (4) in the case of an initial financing statement or an amendment that adds a secured
68.9party of record, the record does not provide a name and mailing address for the secured
68.10party of record;
68.11 (5) in the case of an initial financing statement or an amendment that provides a
68.12name of a debtor which was not previously provided in the financing statement to which
68.13the amendment relates, the record does not:
68.14 (A) provide a mailing address for the debtor;
68.15 (B) indicate whether the debtor is an individual or an organization; or
68.16 (C) if the financing statement indicates that the debtor is an organization, provide:
68.17 (i) a type of organization for the debtor;
68.18 (ii) a jurisdiction of organization for the debtor; or
68.19 (iii) an organizational identification number for the debtor or indicate that the debtor
68.20has none;
68.21 (6) in the case of an assignment reflected in an initial financing statement under
68.22section336.9-514(a) or an amendment filed under section
336.9-514(b) , the record does
68.23not provide a name and mailing address for the assignee; or
68.24 (7) in the case of a continuation statement, the record is not filed within the
68.25six-month period prescribed by section336.9-515(d) .
68.26 (c) Rules applicable to subsection (b). For purposes of subsection (b):
68.27 (1) a record does not provide information if the filing office is unable to read or
68.28decipher the information; and
68.29 (2) a record that does not indicate that it is an amendment or identify an initial
68.30financing statement to which it relates, as required by section336.9-512 ,
336.9-514 , or
68.31336.9-518
, is an initial financing statement.
68.32 (d) Refusal to accept record; record effective as filed record. A record that is
68.33communicated to the filing office with tender of the filing fee, but which the filing office
68.34refuses to accept for a reason other than one set forth in subsection (b), is effective as a
68.35filed record except as against a purchaser of the collateral which gives value in reasonable
68.36reliance upon the absence of the record from the files.
69.1EFFECTIVE DATE.This section is effective August 1, 2007.
69.2 Sec. 93. Minnesota Statutes 2006, section 336.9-525, is amended to read:
69.3336.9-525 FEES.
69.4 (a) Initial financing statement or other record: general rule. Except as otherwise
69.5provided in subsection (d), the fee for filing and indexing a record under this partdelivered
69.6on paper is $20 and for a record delivered by any electronic means is $15. $5 of the fee
69.7collected for each request delivered online must be deposited in the uniform commercial
69.8code account.
69.9 (b) Number of names. The number of names required to be indexed does not
69.10affect the amount of the fee in subsection (a).
69.11 (c) Response to information request. The fee for responding to a request for
69.12information from the filing office, including for issuing a certificate showing whether there
69.13is on file any financing statement naming a particular debtor,delivered on paper is $20
69.14and for a record delivered by any electronic means is $15. $5 of the fee collected for each
69.15request delivered online must be deposited in the uniform commercial code account.
69.16 (d) Record of mortgage. This section does not require a fee with respect to a record
69.17of a mortgage which is effective as a financing statement filed as a fixture filing or as a
69.18financing statement covering as-extracted collateral or timber to be cut under section
69.19336.9-502(c)
. However, the recording and satisfaction fees that otherwise would be
69.20applicable to the record of the mortgage apply.
69.21EFFECTIVE DATE.This section is effective July 1, 2007.
69.22 Sec. 94. [349A.021] LOTTERY OFFICES.
69.23 The State Lottery may not move its operations at its Mountain Iron location to a
69.24location outside the Quad-City area of Mountain Iron, Eveleth, Gilbert, and Virginia, and
69.25may not reduce the complement of staff employed at this office.
69.26EFFECTIVE DATE.This section is effective the day following final enactment.
69.27 Sec. 95. Minnesota Statutes 2006, section 356.219, subdivision 1, is amended to read:
69.28 Subdivision 1. Report required. (a) Except as indicated in subdivision 4, the State
69.29Board of Investment, on behalf of the public pension funds and programs for which it is
69.30the investment authority, and any Minnesota public pension plan that is not fully invested
69.31through the State Board of Investment, including a local police or firefighters relief
69.32association governed by sections69.77 or
69.771 to
69.775 , shall report the information
70.1specified in subdivision 3 to the state auditor. A report under this section must be filed
70.2electronically with the state auditor, unless the state auditor determines that it is not
70.3feasible for a particular plan or association to file electronically. The state auditor may
70.4prescribea form or forms for the purposes of the reporting requirements contained in the
70.5format for reports required by this section. The state auditor must attempt to provide
70.6access on the state auditor's Web site to reports filed under this section.
70.7 (b) A local police or firefighters relief association governed by section69.77 or
70.8sections69.771 to
69.775 is fully invested during a given calendar year for purposes of
70.9this section if all assets of the applicable pension plan beyond sufficient cash equivalent
70.10investments to cover six months expected expenses are invested under section11A.17 .
70.11The board of any fully invested public pension plan remains responsible for submitting
70.12investment policy statements and subsequent revisions as required by subdivision 3,
70.13paragraph (a).
70.14 (c) For purposes of this section, the State Board of Investment is considered to be
70.15the investment authority for any Minnesota public pension fund required to be invested by
70.16the State Board of Investment under section11A.23 , or for any Minnesota public pension
70.17fund authorized to invest in the supplemental investment fund under section11A.17 and
70.18which is fully invested by the State Board of Investment.
70.19 Sec. 96. Minnesota Statutes 2006, section 358.41, is amended to read:
70.20358.41 DEFINITIONS.
70.21 As used in sections358.41 to
358.49 :
70.22 (1) "Notarial act" means any act that a notary public of this state is authorized to
70.23perform, and includes taking an acknowledgment, administering an oath or affirmation,
70.24taking a verification upon oath or affirmation, witnessing or attesting a signature, certifying
70.25or attesting a copy, and noting a protest of a negotiable instrument. A notary public may
70.26perform a notarial act by electronic means.
70.27 (2) "Acknowledgment" means a declaration by a person that the person has executed
70.28an instrument or electronic record for the purposes stated therein and, if the instrument
70.29or electronic record is executed in a representative capacity, that the person signed
70.30the instrument with proper authority and executed it as the act of the person or entity
70.31represented and identified therein.
70.32 (3) "Verification upon oath or affirmation" means a declaration that a statement is
70.33true made by a person upon oath or affirmation.
70.34 (4) "In a representative capacity" means:
71.1 (i) for and on behalf of a corporation, partnership, limited liability company, trust, or
71.2other entity, as an authorized officer, agent, partner, trustee, or other representative;
71.3 (ii) as a public officer, personal representative, guardian, or other representative,
71.4in the capacity recited in the instrument;
71.5 (iii) as an attorney in fact for a principal; or
71.6 (iv) in any other capacity as an authorized representative of another.
71.7 (5) "Notarial officer" means a notary public or other officer authorized to perform
71.8notarial acts.
71.9 (6) "Electronic signature" means an electronic sound, symbol, or process attached
71.10to or logically associated with a record and executed or adopted by a person with the
71.11intent to sign the record.
71.12 (7) "Electronic record" means a record created, generated, sent, communicated,
71.13received, or stored by electronic means.
71.14EFFECTIVE DATE.This section is effective August 1, 2007.
71.15 Sec. 97. Minnesota Statutes 2006, section 358.42, is amended to read:
71.16358.42 NOTARIAL ACTS.
71.17 (a) In taking an acknowledgment, the notarial officer must determine, either from
71.18personal knowledge or from satisfactory evidence, that the person appearing before the
71.19officer and making the acknowledgment is the person whose true signature is on the
71.20instrument or electronic record.
71.21 (b) In taking a verification upon oath or affirmation, the notarial officer must
71.22determine, either from personal knowledge or from satisfactory evidence, that the person
71.23appearing before the officer and making the verification is the person whose true signature
71.24is made in the presence of the officer on the statement verified.
71.25 (c) In witnessing or attesting a signature the notarial officer must determine, either
71.26from personal knowledge or from satisfactory evidence, that the signature is that of the
71.27person appearing before the officer and named therein. When witnessing or attesting a
71.28signature, the officer must be present when the signature is made.
71.29 (d) In certifying or attesting a copy of a document, electronic record, or other item,
71.30the notarial officer must determine that the proffered copy is a full, true, and accurate
71.31transcription or reproduction of that which was copied.
71.32 (e) In making or noting a protest of a negotiable instrument or electronic record the
71.33notarial officer must determine the matters set forth in section336.3-505 .
72.1 (f) A notarial officer has satisfactory evidence that a person is the person whose true
72.2signature is on a document or electronic record if that person (i) is personally known to
72.3the notarial officer, (ii) is identified upon the oath or affirmation of a credible witness
72.4personally known to the notarial officer, or (iii) is identified on the basis of identification
72.5documents.
72.6EFFECTIVE DATE.This section is effective August 1, 2007.
72.7 Sec. 98. Minnesota Statutes 2006, section 358.50, is amended to read:
72.8358.50 EFFECT OF ACKNOWLEDGMENT.
72.9 An acknowledgment made in a representative capacity for and on behalf of a
72.10corporation, partnership, limited liability company, trust, or other entity and certified
72.11substantially in the form prescribed in this chapter is prima facie evidence that the
72.12instrument or electronic record was executed and delivered with proper authority.
72.13EFFECTIVE DATE.This section is effective August 1, 2007.
72.14 Sec. 99. Minnesota Statutes 2006, section 359.085, subdivision 2, is amended to read:
72.15 Subd. 2. Verifications. In taking a verification upon oath or affirmation, the notarial
72.16officer must determine, either from personal knowledge or from satisfactory evidence, that
72.17the person appearing before the officer and making the verification is the person whose
72.18true signature is made in the presence of the officer on the statement verified.
72.19EFFECTIVE DATE.This section is effective August 1, 2007.
72.20 Sec. 100. Minnesota Statutes 2006, section 359.085, subdivision 3, is amended to read:
72.21 Subd. 3. Witnessing or attesting signatures. In witnessing or attesting a signature,
72.22the notarial officer must determine, either from personal knowledge or from satisfactory
72.23evidence, that the signature is that of the person appearing before the officer and named in
72.24the document or electronic record. When witnessing or attesting a signature, the officer
72.25must be present when the signature is made.
72.26EFFECTIVE DATE.This section is effective August 1, 2007.
72.27 Sec. 101. Minnesota Statutes 2006, section 471.61, subdivision 1a, is amended to read:
72.28 Subd. 1a. Dependents. Notwithstanding the provisions of Minnesota Statutes 1969,
72.29section471.61 , as amended by Laws 1971, chapter 451, section 1, the word "dependents"
72.30as used therein shall mean spouse and minor unmarried children under the age of 18 years
73.1and dependent students under the age of 25 years actually dependent upon the employee,
73.2and others as defined by governmental units at their discretion.
73.3 Sec. 102. [471.6175] TRUST FOR POSTEMPLOYMENT BENEFITS.
73.4 Subdivision 1. Authorization; establishment. A political subdivision or other
73.5public entity that creates or has created an actuarial liability to pay postemployment
73.6benefits to employees or officers after their termination of service may establish a trust to
73.7pay those benefits. For purposes of this section, the term "postemployment benefits" means
73.8benefits giving rise to a liability under Statement No. 45 of the Governmental Accounting
73.9Standards Board and the term "trust" means a trust, a trust account, or a custodial account
73.10or contract authorized under section 401(f) of the Internal Revenue Code.
73.11 Subd. 2. Purpose of trust. The trust established under this section may only be
73.12used to pay postemployment benefits and may be either revocable or irrevocable.
73.13 Subd. 3. Trust administrator. The trust administrator of a trust established under
73.14this section shall be either:
73.15 (1) the Public Employees Retirement Association;
73.16 (2) a bank or banking association incorporated under the laws of the United States or
73.17of any state and authorized by the laws under which it is organized to exercise corporate
73.18trust powers; or
73.19 (3) an insurance company or agency qualified to do business in Minnesota which has
73.20at least five years experience in investment products and services for group retirement
73.21benefits and which has a specialized department dedicated to services for retirement
73.22investment products.
73.23 A political subdivision or public entity may, in its discretion and in compliance
73.24with any applicable trust document, change trust administrators and transfer trust assets
73.25accordingly.
73.26 Subd. 4. Account maintenance. A political subdivision or other public entity may
73.27establish a trust account to be held under the supervision of the trust administrator for the
73.28purposes of this section. A trust administrator shall establish a separate account for each
73.29participating political subdivision or public entity. The trust administrator may charge
73.30participating political subdivisions and public entities fees for reasonable administrative
73.31costs. The amount of any fees charged by the Public Employees Retirement Association
73.32is appropriated to the association from the account. A trust administrator may establish
73.33other reasonable terms and conditions for creation and maintenance of these accounts.
73.34The trust administrator must report electronically to the state auditor the portfolio and
74.1performance information specified in section 356.219, subdivision 3, in the manner
74.2prescribed by the state auditor.
74.3 Subd. 5. Investment. (a) The assets of a trust or trust account shall be invested and
74.4held as stipulated in paragraphs (b) to (e).
74.5 (b) The Public Employees Retirement Association must certify all money in the trust
74.6accounts for which it is trust administrator to the State Board of Investment for investment
74.7under section 11A.14, subject to the policies and procedures established by the State
74.8Board of Investment. Investment earnings must be credited to the trust account of the
74.9individual political subdivision or public entity.
74.10 (c) A trust administrator, other than the Public Employees Retirement Association,
74.11must ensure that all money in the trust accounts for which it is trust administrator is
74.12invested by a registered investment adviser, a bank investment trust department, or an
74.13insurance company or agency retirement investment department. Investment earnings
74.14must be credited to the trust account of the individual political subdivision or public entity.
74.15 (d) For trust assets invested by the State Board of Investment, the investment
74.16restrictions shall be the same as those generally applicable to the State Board of
74.17Investment. For trust assets invested by a trust administrator other than the Public
74.18Employees Retirement Association, the assets may only be invested in investments
74.19authorized under chapter 118A or section 356A.06, subdivision 7, in the manner specified
74.20in the applicable trust document.
74.21 (e) A political subdivision or public entity may provide investment direction to a
74.22trust administrator in compliance with any applicable trust document.
74.23 Subd. 6. Limit on deposit. A political subdivision or public entity may not
74.24deposit money in a trust or trust account created pursuant to this section if the total
74.25amount invested by that political subdivision or public entity would exceed the political
74.26subdivision's or public entity's actuarially determined liabilities for postemployment
74.27benefits due to officers and employees, as determined under the applicable standards of the
74.28Governmental Accounting Standards Board.
74.29 Subd. 7. Withdrawal of funds and termination of account. (a) For a revocable
74.30account, a political subdivision or public entity may withdraw some or all of its money
74.31or terminate the trust account for any reason. Money and accrued investment earnings
74.32withdrawn from a revocable account must be deposited in a fund separate and distinct from
74.33any other funds of the political subdivision or public entity. This money, with accrued
74.34investment earnings, must be used to pay legally enforceable postemployment benefits
74.35to former officers and employees, unless (i) there has been a change in state or federal
74.36law affecting that political subdivision's or public entity's liabilities for postemployment
75.1benefits, or (ii) there has been a change in the demographic composition of that political
75.2subdivision's or public entity's employees eligible for postemployment benefits, or (iii)
75.3there has been a change in the provisions or terms of the postemployment benefits in that
75.4political subdivision or public entity including, but not limited to, the portion of the costs
75.5eligible employees must pay to receive the benefits, or (iv) other factors exist that have
75.6a material effect on that political subdivision's or public entity's actuarially determined
75.7liabilities for postemployment benefits, in which event any amount in excess of 100
75.8percent of that political subdivision's or public entity's actuarially determined liabilities for
75.9postemployment benefits, as determined under standards of the Government Accounting
75.10Standards Board, may be withdrawn and used for any purpose.
75.11 (b) For an irrevocable account, a political subdivision or public entity may withdraw
75.12money only:
75.13 (1) as needed to pay postemployment benefits owed to former officers and employees
75.14of the political subdivision or public entity; or
75.15 (2) when all postemployment benefit liability owed to former officers or employees
75.16of the political subdivision or public entity has been satisfied or otherwise defeased.
75.17 (c) A political subdivision or public entity requesting withdrawal of money from
75.18an account created under this section must do so at a time and in the manner required by
75.19the executive director of the Public Employees Retirement Association or specified in an
75.20applicable trust document. The political subdivision or public entity that created the trust
75.21must ensure that withdrawals comply with the requirements of this section.
75.22 (d) The legislature may not divert funds in these trusts or trust accounts for use for
75.23any other purpose.
75.24 Subd. 8. Status of irrevocable trust. (a) All money in an irrevocable trust or
75.25trust account created in this section is held in trust for the exclusive benefit of former
75.26officers and employees of the participating political subdivision or public entity, and are
75.27not subject to claims by creditors of the state, the participating political subdivision or
75.28public entity, the current or former officers and employees of the political subdivision
75.29or public entity, or the trust administrator.
75.30 (b) An irrevocable trust fund or trust account created in this section shall be deemed
75.31an arrangement equivalent to a trust for all legal purposes.
75.32EFFECTIVE DATE.This section is effective the day following final enactment,
75.33and is applicable immediately to all political subdivisions or public entities subject to
75.34Statement No. 45 of the Governmental Accounting Standards Board in 2007, to those
75.35political subdivisions or public entities whose trusts or trust accounts are validated
75.36by section 111, and to those political subdivisions or public entities that have begun
76.1consideration of measures to implement Statement No. 45 in 2007. This section is
76.2applicable on July 1, 2008, for all other political subdivisions or public entities.
76.3 Sec. 103. Minnesota Statutes 2006, section 473.246, is amended to read:
76.4473.246 COUNCIL'S SUBMISSIONS TOLEGISLATIVE COMMISSION
76.5LEGISLATURE.
76.6 The Metropolitan Council shall submit to theLegislative Commission on
76.7Metropolitan Government chairs of the legislative committees with jurisdiction over
76.8metropolitan affairs information on the council's tax rates and dollar amounts levied for
76.9the current year, proposed property tax rates and levies, operating and capital budgets,
76.10work program, capital improvement program, and any other information requested by the
76.11commission, for review by the legislative commission, as provided in section
3.8841
76.12relevant committees.
76.13EFFECTIVE DATE.This section is effective the day following final enactment.
76.14 Sec. 104. Minnesota Statutes 2006, section 477A.014, subdivision 4, is amended to
76.15read:
76.16 Subd. 4. Costs. The director of the Office of Strategic and Long-Range Planning
76.17shall annually bill the commissioner of revenue for one-half of the costs incurred by the
76.18state demographer in the preparation of materials required by section4A.02 . The state
76.19auditor shall bill the commissioner of revenue for the costs of best practices reviews
76.20and the services provided by the Government Information Division and the parts of the
76.21constitutional office that are related to the government information function, and for
76.22the services provided by the Tax Increment Financing Investment and Finance Division
76.23required by section 469.3201, not to exceed$217,000 $614,000 each fiscal year. The
76.24commissioner of administration shall bill the commissioner of revenue for the costs of
76.25the local government records program and the intergovernmental information systems
76.26activity, not to exceed $205,800 each fiscal year. The commissioner of employee relations
76.27shall bill the commissioner of revenue for the costs of administering the local government
76.28pay equity function, not to exceed $55,000 each fiscal year.
76.29 Sec. 105. Minnesota Statutes 2006, section 491A.02, subdivision 4, is amended to read:
76.30 Subd. 4. Representation. (a) A corporation, partnership, limited liability company,
76.31sole proprietorship, or association may be represented in conciliation court by an officer,
76.32manager, or partner or an agent in the case of a condominium, cooperative, or townhouse
77.1association, or may appoint a natural person who is an employee or commercial property
77.2manager to appear on its behalf or settle a claim in conciliation court. The state or a
77.3political subdivision of the state may be represented in conciliation court by an employee
77.4of the pertinent governmental unit without a written authorization. The state also may be
77.5represented in conciliation court by an employee of the Division of Risk Management of
77.6the Department of Administration without a written authorization. Representation under
77.7this subdivision does not constitute the practice of law for purposes of section481.02,
77.8subdivision 8 . In the case of an officer, employee, commercial property manager, or
77.9agent of a condominium, cooperative, or townhouse association, an authorized power
77.10of attorney, corporate authorization resolution, corporate bylaw, or other evidence of
77.11authority acceptable to the court must be filed with the claim or presented at the hearing.
77.12This subdivision also applies to appearances in district court by a corporation or limited
77.13liability company with five or fewer shareholders or members and to any condominium,
77.14cooperative, or townhouse association, if the action was removed from conciliation court.
77.15 (b) "Commercial property manager" means a corporation, partnership, or limited
77.16liability company or its employees who are hired by the owner of commercial real
77.17estate to perform a broad range of administrative duties at the property including tenant
77.18relations matters, leasing, repairs, maintenance, the negotiation and resolution of tenant
77.19disputes, and related matters. In order to appear in conciliation court, a property manager's
77.20employees must possess a real estate license under section82.20 and be authorized by the
77.21owner of the property to settle all disputes with tenants and others within the jurisdictional
77.22limits of conciliation court.
77.23 (c) A commercial property manager who is appointed to settle a claim in conciliation
77.24court may not charge or collect a separate fee for services rendered under paragraph (a).
77.25 Sec. 106. Minnesota Statutes 2006, section 507.24, subdivision 2, is amended to read:
77.26 Subd. 2. Original signatures required. (a) Unless otherwise provided by law, an
77.27instrument affecting real estate that is to be recorded as provided in this section or other
77.28applicable law must contain the original signatures of the parties who execute it and of the
77.29notary public or other officer taking an acknowledgment. However, a financing statement
77.30that is recorded as a filing pursuant to section336.9-502(b) need not contain: (1) the
77.31signatures of the debtor or the secured party; or (2) an acknowledgment.
77.32 (b)(1) Any electronic instruments, including signatures and seals, affecting real
77.33estate may only be recorded as part of a pilot project for the electronic filing of real
77.34estate documents implemented by the task force created in Laws 2000, chapter 391, or
77.35by the Electronic Real Estate Recording Task Force created under section507.094 . The
78.1Electronic Real Estate Recording Task Force created under section 507.094 may amend
78.2standards set by the task force created in Laws 2000, chapter 391, and may set new or
78.3additional standards and establish pilot projects to the full extent permitted in section
78.4507.094, subdivision 2, paragraph (b). Documents recorded in conformity with those
78.5standards and in those pilot projects are deemed to meet the requirements of this section.
78.6 (2)(i) A county that participated in the pilot project for the electronic filing of real
78.7estate documents under the task force created in Laws 2000, chapter 391, may continue to
78.8record or file documents electronically, if:
78.9(1) (A) the county complies with standards adopted by the task force; and
78.10(2) (B) the county uses software that was validated by the task force.
78.11 (ii) A county that did not participate in the pilot project may record or file a real
78.12estate document electronically, if:
78.13(i) (A) the document to be recorded or filed is of a type included in the pilot project
78.14for the electronic filing of real estate documents under the task force created in Laws
78.152000, chapter 391;
78.16(ii) (B) the county complies with the standards adopted by the task force;
78.17(iii) (C) the county uses software that was validated by the task force; and
78.18(iv) (D) the task force created under section
507.094 , votes to accept a written
78.19certification of compliance with paragraph (b), clause (2), of this section by the county
78.20board and county recorder of the county to implement electronic filing under this section.
78.21 (c) Notices filed pursuant to section168A.141, subdivisions 1 and 3 , need not
78.22contain an acknowledgment.
78.23 Sec. 107. Laws 2006, chapter 253, section 22, subdivision 1, is amended to read:
78.24 Subdivision 1. Genetic information; work group. (a) The commissioner must
78.25create a work group to develop principles for public policy on the use of genetic
78.26information. The work group must include representatives of state government, including
78.27the judicial branch, local government, prosecutors, public defenders, the American Civil
78.28Liberties Union - Minnesota, the Citizens Council on Health Care, the University of
78.29Minnesota Center on Bioethics, the Minnesota Medical Association, the Mayo Clinic
78.30and Foundation, the March of Dimes, and representatives of employers, researchers,
78.31epidemiologists, laboratories, and insurance companies.
78.32 (b) The commissioner of administration and the work group must conduct reviews
78.33of the topics in paragraphs (c) to (f), in light of the issues raised in the report on treatment
78.34of genetic information under state law required by Laws 2005, chapter 163, section 87.
78.35The commissioner must report the results, including any recommendations for legislative
79.1changes, to the chairs of the house Civil Law Committee and the senate Judiciary
79.2Committee and the ranking minority members of those committees by January 15,2008
79.32009.
79.4 (c) The commissioner and the work group must determine whether changes are
79.5needed in Minnesota Statutes, section144.69 , dealing with collection of information
79.6from cancer patients and their relatives.
79.7 (d) The commissioner and the work group must make recommendations whether
79.8all relatives affected by a formal three-generation pedigree created by the Department of
79.9Health should be able to access the entire data set, rather than only allowing individuals
79.10access to the data of which they are the subject.
79.11 (e) The commissioner and the work group must identify, and may make
79.12recommendations among, options for resolving questions of secondary uses of genetic
79.13information.
79.14 (f) The commissioner and the work group must make recommendations whether
79.15legislative changes are needed regarding access to DNA test results and the specimens
79.16used to create the test results held by the Bureau of Criminal Apprehension as part of
79.17a criminal investigation.
79.18 Sec. 108. Laws 2006, chapter 282, article 14, section 5, is amended to read:
79.21From the workers' compensation fund for
79.22costs associated with the relocation of
79.23offices to St. Paul. The commissioner
79.24of administration shall take all steps as
79.25necessary to complete the renovation of
79.26the Stassen Building for these purposes by
79.27January 1, 2008. Minnesota Statutes, section
79.2816B.33, subdivision 3
, does not apply if
79.29the estimated cost of construction exceeds
79.30$2,000,000. This is a onetime appropriation.
79.31This appropriation is available until spent.
79.32Beginning in fiscal year 2009 and for all
79.33fiscal years thereafter, the appropriation base
79.34for the workers' compensation fund for the
79.35Office of Administrative Hearings is reduced
80.1by $297,000 to reflect savings in rent costs
80.2due to the relocation of offices to St. Paul.
80.3 Sec. 109. FORD BUILDING.
80.4 The Ford Building at 117 University Avenue in St. Paul may not be demolished
80.5during the biennium ending June 30, 2009.
80.6 Sec. 110. TASK FORCE.
80.7 Subdivision 1. Creation. A task force is created to work with the Commissioner of
80.8Administration on a disparity study. The task force consists of one member appointed by
80.9and serving at the pleasure of each of the following groups:
80.10 (1) the Council on Asian-Pacific Minnesotans;
80.11 (2) the Council on Black Minnesotans;
80.12 (3) the Council on Affairs of Chicano/Latino people;
80.13 (4) the Indian Affairs Council;
80.14 (5) the Association of Women Contractors; and
80.15 (6) the National Association of Minority Contractors.
80.16 Subd. 2. Consultation and approval. (a) The commissioner must consult with
80.17the task force on the design of the disparity study, the nature of the services sought in a
80.18request for proposals for the study, the criteria that the commissioner will use to evaluate
80.19and select a contractor, and selection of the contractor.
80.20 (b) The commissioner must consult with the task force regarding the commissioner's
80.21interpretation of data obtained through the study, and on the commissioner's
80.22recommendations for any changes in the targeted group purchasing program resulting from
80.23the study. The task force may make its own recommendations before the commissioner
80.24presents the recommendations in a final report. If the commissioner's recommendations
80.25are different from the task force recommendations, the commissioner's report must note
80.26the differences.
80.27 Subd. 3. Support services. The commissioner must provide meeting space and
80.28administrative support to the task force.
80.29 Subd. 4. Expiration. The task force expires at the end of the regular session of the
80.30legislature at which the commissioner presents the results of the targeted group business
80.31disparity study to the legislature.
80.32 Sec. 111. VALIDATION.
81.1 Any trust or trust account or other custodial account or contract authorized under
81.2section 401(f) of the Internal Revenue Code, created prior to June 6, 2006, to pay
81.3postemployment benefits to employees or officers after termination of service, is hereby
81.4validated, may continue in full force and effect, and shall have continuing authority
81.5to accept new funds; however, this section does not validate or correct defects in any
81.6previously created trust document. Any funds held by a validated trust or account
81.7under this section may be invested as provided in Minnesota Statutes, section 471.6175,
81.8subdivision 5. A validated trust or account shall have until January 1, 2008, to bring
81.9its trust documents and procedures into compliance with Minnesota Statutes, section
81.10471.6175.
81.11EFFECTIVE DATE.This section is effective the day following final enactment.
81.12 Sec. 112. REPORT; ACCOUNTING PRINCIPLES.
81.13 By October 15, 2007, the commissioner of finance must provide a report listing
81.14specific areas where state budgeting practices differ from generally accepted accounting
81.15principles and the reasons for those differences. If that difference is a result of direction in
81.16law, the report must include the law causing the difference.
81.17 Sec. 113. BUILDING REPLACEMENT FUNDS.
81.18 In addition to the requirements in Laws 2002, chapter 400, section 13, subdivision 7,
81.19the commissioner of administration shall collect appropriate rent revenues for the Elmer L.
81.20Andersen and Orville L. Freeman buildings to be set aside in a segregated special revenue
81.21fund for deferred maintenance and other extraordinary building repairs. Funds shall be
81.22expended for these purposes as determined by the commissioner.
81.23EFFECTIVE DATE.This section is effective the day following final enactment.
81.24 Sec. 114. COMPENSATION FOR PERIOD OF PARTIAL GOVERNMENT
81.25SHUTDOWN.
81.26 Subdivision 1. Definitions; coverage. For purposes of this section:
81.27 (1) "employee" means a state employee, as defined in Minnesota Statutes, section
81.2843A.02, subdivision 21, who is a state employee on the effective date of this section and
81.29who the commissioner determines was prevented from working because of the partial
81.30government shutdown; and
82.1 (2) "partial government shutdown" means the period from July 1, 2005, through July
82.214, 2005, during which appropriations needed to fund certain state government functions
82.3had not been enacted.
82.4 Subd. 2. Credit for uncompensated hours. A state employee who was previously
82.5compensated in cash or by a credit to the employee's vacation bank for hours the employee
82.6could not work due to the partial government shutdown, must:
82.7 (1) be paid an additional amount equal to the previous payment, if the previous
82.8payment was made in cash; or
82.9 (2) have hours credited to the employee's vacation bank in the same amount as
82.10the previous credit.
82.11EFFECTIVE DATE.This section is effective the day following final enactment.
82.12The commissioner must make payments or credits required by this section within 30
82.13days of the effective date of this section.
82.14 Sec. 115. ELECTRONIC DOCUMENTS STUDY AND REPORT.
82.15 Subdivision 1. Study. The chief information officer of the state shall study
82.16how electronic documents and the mechanisms and processes for accessing and
82.17reading electronic data can be created, maintained, exchanged, and preserved by the
82.18state in a manner that encourages appropriate government control, access, choice,
82.19and interoperability. The study must consider, but not be limited to, the policies of
82.20other states and nations, management guidelines for state archives as they pertain to
82.21electronic documents, public access, expected storage life of electronic documents, costs
82.22of implementation, and savings. The chief information officer shall solicit comments
82.23regarding the creation, maintenance, exchange, and preservation of electronic documents
82.24by the state from stakeholders, including but not limited to the legislative auditor,
82.25the attorney general, the state archivist, the state legislative reference librarian, other
82.26librarians, representatives of the state historical society, and other historians. The chief
82.27information officer shall also solicit comments from members of the public.
82.28 Subd. 2. Report and recommendation. The chief information officer shall
82.29report the officer's findings and recommendations to the chairs of the senate State
82.30and Local Government Operations and Oversight Committee; house Government
82.31Operations, Reform, Technology and Elections Committee; and the senate and house State
82.32Government Finance Divisions by January 15, 2008.
82.33 Sec. 116. LABOR AGREEMENTS AND COMPENSATION PLANS.
83.1 Subdivision 1. Minnesota Law Enforcement Association. The labor agreement
83.2between the state of Minnesota and the Minnesota Law Enforcement Association,
83.3approved by the Legislative Coordinating Commission Subcommittee on Employee
83.4Relations on August 7, 2006, is ratified.
83.5 Subd. 2. Minnesota Nurses Association. The labor agreement between the
83.6state of Minnesota and the Minnesota Nurses Association, approved by the Legislative
83.7Coordinating Commission Subcommittee on Employee Relations on September 18, 2006,
83.8is ratified.
83.9 Subd. 3. Office of Higher Education. The amendments to the compensation
83.10plan for unrepresented employees of the Office of Higher Education, approved by
83.11the Legislative Coordinating Commission Subcommittee on Employee Relations on
83.12September 18, 2006, are ratified.
83.13 Subd. 4. Gambling Control Board. The proposal to increase the salary of the
83.14director of the Gambling Control Board, as approved by the Legislative Coordinating
83.15Commission Subcommittee on Employee Relations on August 7, 2006, is ratified.
83.16 Subd. 5. Public Employees Retirement Association. The proposal to increase
83.17the salary of the director of the Public Employees Retirement Association, as approved
83.18by the Legislative Coordinating Commission Subcommittee on Employee Relations on
83.19March 27, 2007, is ratified.
83.20 Subd. 6. Minnesota State Retirement System. The proposal to increase the
83.21salary of the director of the Minnesota State Retirement System, as approved by the
83.22Legislative Coordinating Commission Subcommittee on Employee Relations on March
83.2327, 2007, is ratified.
83.24 Subd. 7. Teachers Retirement Association. The proposal to increase the salary
83.25of the director of the Teachers Retirement Association, as approved by the Legislative
83.26Coordinating Commission Subcommittee on Employee Relations on March 27, 2007,
83.27is ratified.
83.28EFFECTIVE DATE.This section is effective the day following final enactment.
83.29 Sec. 117. STATE EMPLOYEES ELECTRONIC HEALTH RECORDS PILOT
83.30PROJECT.
83.31 Subdivision 1. Project established. The Minnesota State Colleges and Universities
83.32Board of Trustees (MnSCU), in collaboration with the commissioner of employee relations
83.33shall establish an enterprise-wide pilot project to provide consumer-owned electronic
83.34personal health records to MnSCU employees and all participants in the state employee
83.35group insurance program. If the Department of Employee Relations is abolished, then the
84.1Minnesota State Colleges and Universities Board of Trustees shall work in collaboration
84.2with the commissioner of the department responsible for administration of the state
84.3employee group insurance program.
84.4 Subd. 2. Project goals. The goal of the project is to provide consumer-owned
84.5electronic personal health records that are portable among health care providers, health
84.6plan companies, and employers in order to control costs, improve quality, and enhance
84.7safety, and to demonstrate the feasibility of a statewide health information exchange.
84.8The pilot project shall coordinate to the extent possible with other health information
84.9consumer engagement initiatives in Minnesota designed to support the goal of statewide
84.10health information exchange. The electronic personal health records may provide, but
84.11are not limited to, the following:
84.12 (1) access to electronic medical records;
84.13 (2) prescription and appointment information;
84.14 (3) information regarding health education, public health, and health cost
84.15management; and
84.16 (4) privacy, security, and HIPAA compliance.
84.17 Sec. 118. VALUE-ADDED CONTRACT AUTHORITY.
84.18 (a) The director of the Office of Enterprise Technology, with approval of
84.19the commissioner of finance, may enter into contracts for: (1) development and
84.20implementation of an electronic system for executive branch state agencies to issue
84.21licenses; and (2) development and implementation of an integrated system to support
84.22tax processing, reporting, and enforcement functions. The director must use funds
84.23appropriated by this act for these purposes. In addition, the director may enter into
84.24contracts for these purposes under which the vendor initially pays all or part of the costs,
84.25and the state accounting system does not show an encumbrance for some or all of the
84.26contract liability when the director initially enters into the contracts.
84.27 (b) Before entering into a contract authorized by this section, the director must
84.28prepare, and the commissioner of finance must approve, a plan for how payments will be
84.29made to the vendors under the contracts. If the contracts will involve performance-based
84.30payments to the vendor, the plan must describe the criteria for making those payments. If
84.31the director intends to pay for all or part of the contract from savings generated, the plan
84.32must describe what savings are anticipated, and how the savings will be captured so as to
84.33be available to make payments under the contract. The plan must explain how the total
84.34contract costs relate to the costs anticipated in the governor's budget recommendations
84.35presented to the legislature in 2007.
85.1 (c) The director must present the plan required by paragraph (b) to the chairs of the
85.2house Ways and Means and Finance Committees and the senate Finance Committee when
85.3the director submits the plan to the commissioner of finance for approval. The director
85.4must notify these chairs when the commissioner of finance has approved the plan. This
85.5notice must include any changes from the original plan.
85.6 (d) The director must report to the chairs of the house Ways and Means and Finance
85.7Committees and the senate Finance Committee by January 15 each of the next five years
85.8after entering into a contract authorized under this section. The report must include a
85.9detailed breakdown of how and by whom the contract costs are being paid, and on the cost
85.10savings and service improvements achieved as a result of the contract.
85.11 Sec. 119. PRE-1969 TRA MEMBER GRATUITY PAYMENT.
85.12 (a) $4,100,000 is appropriated to the executive director of the Teachers Retirement
85.13Association for the payment of a gratuity to persons who were teachers as defined in
85.14Minnesota Statutes, section 354.05, subdivision 2, and who rendered teaching service as
85.15defined in Minnesota Statutes, section 354.05, subdivision 3, either during the 1968-1969
85.16school year, but were not covered by the improved money purchase program savings
85.17clause in Minnesota Statutes, section 354.55, subdivision 17, or before the 1968-1969
85.18school year, did not take a refund of member contributions upon the termination of teacher
85.19service, and who were eligible to make an election under Minnesota Statutes 1971, section
85.20354.55, subdivision 8. The payment is intended to reflect the special contribution of
85.21these persons to education and to offset any unfulfilled expectation the person may have
85.22as to potential benefit levels. The gratuity payment amount for each person is $1,000 or
85.23a prorated portion of that amount if, at any time, the executive director of the Teachers
85.24Retirement Association determines that payment of the full amount to the remaining
85.25participants would likely exceed the appropriation.
85.26 (b) The Teachers Retirement Association shall make available to persons eligible to
85.27receive a payment under this section on or before August 1, 2007, an application form.
85.28Filing an application form is a waiver of any legal, equitable, or legislative claim for any
85.29other special consideration and the form must indicate the waiver.
85.30 (c) On August 1, 2007, the Teachers Retirement Association shall determine those
85.31remaining persons who are eligible to receive a payment under this section and who have
85.32not applied for a payment and send to each remaining person, at the person's residence
85.33of record, a state warrant of the full or a prorated payment amount. If the recipient
85.34negotiates the state warrant, that negotiation constitutes a waiver of any legal, equitable,
85.35or legislative claim for any other special consideration as documentation accompanying
86.1the warrant must indicate the waiver. Any warrant under this section expires on August
86.21, 2009, and the amount of any unnegotiated state warrant under this section cancels
86.3to the Teachers Retirement Association.
86.4 Sec. 120. CERTIFICATE OF COMPLIANCE; TEMPORARY PROVISION.
86.5 Subdivision 1. Pay equity. Until July 1, 2008, a business that is not in compliance
86.6with equitable compensation relationship standards under Minnesota Statutes, section
86.743A.50, is making a good faith effort to achieve compliance if the commissioner of
86.8employee relations has approved:
86.9 (1) a statement of the business's intention to prepare a pay equity report and an
86.10estimated date no later than July 1, 2008, when the report and plan will be submitted; and
86.11 (2) information on the business's current status, including a statement on the
86.12existence of a company-wide job evaluation system, the total number of male and female
86.13employees of the business, and the business's interest in receiving training on how to
86.14establish equitable compensation relationships.
86.15 Subd. 2. Report. The commissioner of employee relations shall report to the
86.16legislature by January 31, 2008, on implementation of this section. The report must
86.17include findings and recommendations on any changes needed to ensure that state
86.18contractors achieve equitable compensation relationships.
86.19 Sec. 121. SUSTAINABLE GROWTH WORKING GROUP.
86.20 Subdivision 1. Creation. The sustainable growth working group consists of the
86.21following members:
86.22 (1) two senators, including one member of the minority caucus, appointed by the
86.23Subcommittee on Committees of the Committee on Rules and Administration;
86.24 (2) two members of the house of representatives, one appointed by the speaker
86.25and one appointed by the minority leader;
86.26 (3) commissioners of the following agencies, or their designees: Department of
86.27Natural Resources, Department of Administration, Department of Agriculture, Department
86.28of Commerce, Department of Transportation, Department of Employment and Economic
86.29Development, Minnesota Housing Finance Agency, and the Minnesota Pollution Control
86.30Agency; and the chair of the Metropolitan Council or the chair's designee;
86.31 (4) up to 12 public members who have an interest in promoting sustainable
86.32communities in Minnesota, including up to six public members appointed by the speaker
86.33of the house of representatives and up to six public members appointed by the majority
86.34leader of the senate. The appointing authorities must use their best efforts to include at
87.1least one representative from each of the following sectors: business, environmental,
87.2energy, affordable housing, transportation, local government, planning, and philanthropic.
87.3 The membership of the working group must include balanced representation from
87.4rural, urban, and suburban areas of the state.
87.5 Subd. 2. Duties. The working group must identify strategies, recommendations, and
87.6a process for implementing state-level coordination of state and local policies, programs,
87.7and regulations in the areas of housing, transportation, natural resource preservation,
87.8capital development, economic development, sustainability, and preservation of the
87.9environment. The working group must identify sustainable development principles that
87.10will guide decision making in Minnesota. The working group must gather information
87.11and develop strategies relative to the strategic use of state resources, to be consistent with
87.12statewide goals of sustainable development. The working group must report proposed
87.13strategies, recommendations, and a process for implementation to the legislature and the
87.14governor by February 1, 2008. In its report to the legislature and the governor, the working
87.15group must identify its source of funding.
87.16 Subd. 3. Administrative provisions. (a) The commissioner of administration
87.17must convene the initial meeting. Upon request of the working group, the commissioner
87.18must provide meeting space and administrative services for the group. The Office of
87.19Geographic and Demographic Analysis must provide staff support for the working group.
87.20The members of the working group must elect a chair.
87.21 (b) Members of the working group serve without compensation but may be
87.22reimbursed for expenses under Minnesota Statutes, section 15.059.
87.23 (c) The working group expires June 30, 2008.
87.24 (d) The working group may accept gifts and grants, which are accepted on behalf
87.25of the state and constitute donations to the state. Funds received are appropriated to the
87.26commissioner of administration for purposes of the working group.
87.27 Sec. 122. ASSISTANCE.
87.28 House and senate staff must assist the Legislative Coordinating Commission with
87.29new duties assigned to the commission by this act.
87.30 Sec. 123. TRAINING SERVICES.
87.31 During the biennium ending June 30, 2009, state executive branch agencies must
87.32consider using services provided by government training services before contracting with
87.33other outside vendors for similar services.
88.1 Sec. 124. REPEALER.
88.2Minnesota Statutes 2006, sections 3.884; 3.8841; 6.56, subdivision 1; 16A.102;
88.316B.055, subdivision 3; 16C.055, subdivision 1; 16C.08, subdivision 4a; 69.051,
88.4subdivision 1c; 359.085, subdivision 8; and 645.44, subdivision 19, are repealed.
88.7 Section 1. Minnesota Statutes 2006, section 16C.02, is amended by adding a
88.8subdivision to read:
88.9 Subd. 4a. Best value; construction. For purposes of construction, building,
88.10alteration, improvement, or repair services, "best value" describes the result determined by
88.11a procurement method that considers price and performance criteria, which may include,
88.12but are not limited to:
88.13 (1) the quality of the vendor's or contractor's performance on previous projects;
88.14 (2) the timeliness of the vendor's or contractor's performance on previous projects;
88.15 (3) the level of customer satisfaction with the vendor's or contractor's performance
88.16on previous projects;
88.17 (4) the vendor's or contractor's record of performing previous projects on budget and
88.18ability to minimize cost overruns;
88.19 (5) the vendor's or contractor's ability to minimize change orders;
88.20 (6) the vendor's or contractor's ability to prepare appropriate project plans;
88.21 (7) the vendor's or contractor's technical capacities;
88.22 (8) the individual qualifications of the contractor's key personnel; or
88.23 (9) the vendor's or contractor's ability to assess and minimize risks.
88.24 "Performance on previous projects" does not include the exercise or assertion of a
88.25person's legal rights. This definition does not apply to sections 16C.32, 16C.33, 16C.34,
88.26and 16C.35.
88.27 Sec. 2. Minnesota Statutes 2006, section 16C.02, is amended by adding a subdivision
88.28to read:
88.29 Subd. 20. Vendor. "Vendor" means a business, including a construction contractor
88.30or a natural person, and includes both if the natural person is engaged in a business.
88.31 Sec. 3. Minnesota Statutes 2006, section 16C.03, subdivision 3, is amended to read:
88.32 Subd. 3. Acquisition authority. The commissioner shall acquire all goods, services,
88.33and utilities needed by agencies. The commissioner shall acquire goods, services, and
89.1utilities by requests for bids, requests for proposals, reverse auctions as provided in
89.2section16C.10, subdivision 7 , or other methods provided by law, unless a section of law
89.3requires a particular method of acquisition to be used. The commissioner shall make all
89.4decisions regarding acquisition activities. The determination of the acquisition method
89.5and all decisions involved in the acquisition process, unless otherwise provided for by
89.6law, shall be based on best value which includes an evaluation of price and may include
89.7other considerations including, but not limited to, environmental considerations, quality,
89.8and vendor performance. A best value determination must be based on the evaluation
89.9criteria detailed in the solicitation document. If criteria other than price are used, the
89.10solicitation document must state the relative importance of price and other factors.Unless
89.11it is determined by the commissioner that an alternative solicitation method provided by
89.12law should be used to determine best value, a request for bid must be used to solicit
89.13formal responses for all building and construction contracts. Any or all responses may
89.14be rejected. When using the request for bid process, the bid must be awarded to the
89.15lowest responsive and responsible bidder, taking into consideration conformity with
89.16the specifications, terms of delivery, the purpose for which the contract or purchase is
89.17intended, the status and capability of the vendor, and other considerations imposed in the
89.18request for bids. The commissioner may decide which is the lowest responsible bidder
89.19for all purchases and may use the principles of life-cycle costing, where appropriate, in
89.20determining the lowest overall bid. The duties set forth in this subdivision are subject to
89.21delegation pursuant to this section.
89.22 Sec. 4. Minnesota Statutes 2006, section 16C.03, is amended by adding a subdivision
89.23to read:
89.24 Subd. 3a. Acquisition authority; construction contracts. For all building and
89.25construction contracts, the commissioner shall award contracts pursuant to section
89.2616C.28, and "best value" shall be defined and applied as set forth in sections 16C.02,
89.27subdivision 4a and 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).
89.28The duties set forth in this subdivision are subject to delegation pursuant to this section.
89.29The commissioner shall establish procedures for developing and awarding best value
89.30requests for proposals for construction projects. The criteria to be used to evaluate the
89.31proposals must be included in the solicitation document and must be evaluated in an open
89.32and competitive manner.
89.33 Sec. 5. Minnesota Statutes 2006, section 16C.03, is amended by adding a subdivision
89.34to read:
90.1 Subd. 19. Training. Any personnel administering procurement procedures for a
90.2user of best value procurement or any consultant retained by a local unit of government to
90.3prepare or evaluate solicitation documents must be trained, either by the department or
90.4through other training, in the request for proposals process for best value contracting for
90.5construction projects. The commissioner may establish a training program for state and
90.6local officials, and vendors and contractors, on best value procurement for construction
90.7projects, including those governed by section 16C.28. If the commissioner establishes
90.8such a training program, the state may charge a fee for providing training.
90.9 Sec. 6. Minnesota Statutes 2006, section 16C.26, is amended to read:
90.1016C.26 COMPETITIVE BIDS OR PROPOSALS.
90.11 Subdivision 1. Application. Except as otherwise provided by sections 16C.10,
90.1216C.26
and
16C.27 , all contracts for building and construction or repairs must be based on
90.13competitive bids or proposals. "Competitive proposals" specifically refers to the method
90.14of procurement described in section 16C.28, subdivision 1, paragraph (a), clause (2).
90.15 Subd. 2. Requirement contracts. Standard requirement price contracts for building
90.16and construction must be established by competitive bids as provided in subdivision 1.
90.17The standard requirement price contracts may contain escalation clauses and may provide
90.18for a negotiated price increase or decrease based upon a demonstrable industrywide or
90.19regional increase or decrease in the vendor's costs or for the addition of similar products or
90.20replacement items not significant to the total value of existing contracts. The term of these
90.21contracts may not exceed five years including all extensions.
90.22 Subd. 3. Publication of notice; expenditures over $25,000. If the amount of an
90.23expenditure is estimated to exceed $25,000, bids or proposals must be solicited by public
90.24notice in a manner designated by the commissioner. To the extent practical, this must
90.25include posting on a state Web site. For expenditures over $50,000, when a call for bids is
90.26issued the commissioner shall solicit sealed bids by providing notices to all prospective
90.27bidders known to the commissioner by posting notice on a state Web site at least seven
90.28days before the final date of submitting bids. All bids over $50,000 must be sealed when
90.29they are received and must be opened in public at the hour stated in the notice. All
90.30proposals responsive to a request for proposals according to section 16C.28, subdivision
90.311, paragraph (a), clause (2), and paragraph (c), shall be submitted and evaluated in the
90.32manner described in the request for proposals, regardless of the dollar amount. All original
90.33bids and proposals and all documents pertaining to the award of a contract must be retained
90.34and made a part of a permanent file or record and remain open to public inspection.
91.1 Subd. 4. Building and construction contracts; $50,000 or less. An informal bid
91.2may be used for building, construction, and repair contracts that are estimated at less than
91.3$50,000. Informal bids must be authenticated by the bidder in a manner specified by the
91.4commissioner. Alternatively, a request for proposals may be issued according to section
91.516C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c), for such contracts.
91.6 Subd. 5. Standard specifications, security. Contracts must be based on the
91.7standard specifications prescribed and enforced by the commissioner under this chapter,
91.8unless otherwise expressly provided or as authorized under section 16C.28, subdivision
91.91, paragraph (a), clause (2), and paragraph (c). Eachbidder for a contract vendor or
91.10contractor must furnish security approved by the commissioner to ensure the making of
91.11the contract being bid for.
91.12 Subd. 6. Noncompetitive bids. Agencies are encouraged to contract with small
91.13targeted group businesses designated under section16C.16 when entering into contracts
91.14that are not subject to competitive bidding procedures.
91.15 Sec. 7. Minnesota Statutes 2006, section 16C.27, subdivision 1, is amended to read:
91.16 Subdivision 1. Single source of supply. Competitive biddingis or proposals are not
91.17required for contracts clearly and legitimately limited to a single source of supply, and the
91.18contract price may be best established by direct negotiation.
91.19 Sec. 8. Minnesota Statutes 2006, section 16C.28, is amended to read:
91.2016C.28 CONTRACTS; AWARD.
91.21 Subdivision 1.Lowest responsible bidder Award requirements. (a) All state
91.22building and construction contracts entered into by or under the supervision of the
91.23commissioner or an agency for which competitive bids or proposals are requiredmust
91.24be awarded to the lowest responsible bidder, taking into consideration conformity with
91.25the specifications, terms of delivery, the purpose for which the contract is intended, the
91.26status and capability of the vendor, and other considerations imposed in the call for bids.
91.27The commissioner may decide which is the lowest responsible bidder for all contracts
91.28and may use the principles of life cycle costing, where appropriate, in determining the
91.29lowest overall bid. The head of the interested agency shall make the decision, subject
91.30to the approval of the commissioner. Any or all bids may be rejected. In a case where
91.31competitive bids are required and where all bids are rejected, new bids, if solicited, must
91.32be called for as in the first instance, unless otherwise provided by law. may be awarded to
91.33either of the following:
92.1 (1) the lowest responsible bidder, taking into consideration conformity with the
92.2specifications, terms of delivery, the purpose for which the contract is intended, the status
92.3and capability of the vendor or contractor, other considerations imposed in the call for
92.4bids, and, where appropriate, principles of life-cycle costing; or
92.5 (2) the vendor or contractor offering the best value, taking into account the
92.6specifications of the request for proposals, the price and performance criteria as set forth
92.7in section 16C.02, subdivision 4a, and described in the solicitation document.
92.8 (b) The vendor or contractor must secure bonding, commercial general insurance
92.9coverage, and workers' compensation insurance coverage under paragraph (a), clause
92.10(1) or (2). The commissioner shall determine whether to use the procurement process
92.11described in paragraph (a), clause (1), or the procurement process described in paragraph
92.12(a), clause (2). If the commissioner uses the method in paragraph (a), clause (2), the head
92.13of the agency shall determine which vendor or contractor offers the best value, subject to
92.14the approval of the commissioner. Any or all bids or proposals may be rejected.
92.15 (c) When using the procurement process described in paragraph (a), clause (2), the
92.16solicitation document must state the relative importance of price and other factors.
92.17 Subd. 1a. Establishment and purpose. (a) The state recognizes the importance of
92.18the inclusion of a best value contracting system for construction as an alternative to the
92.19current low-bid system of procurement. In order to accomplish that goal, state and local
92.20governmental entities shall be able to choose the best value system in different phases.
92.21 (b) "Best value" means the procurement method defined in section 16C.02,
92.22subdivision 4a.
92.23 (c) The following entities are eligible to participate in phase I:
92.24 (1) state agencies;
92.25 (2) counties;
92.26 (3) cities; and
92.27 (4) school districts with the highest 25 percent enrollment of students in the state.
92.28Phase I begins on the effective date of this section.
92.29 (d) The following entities are eligible to participate in phase II:
92.30 (1) those entities included in phase I; and
92.31 (2) school districts with the highest 50 percent enrollment of students in the state.
92.32Phase II begins two years from the effective date of this section.
92.33 (e) The following entities are eligible to participate in phase III:
92.34 (1) all entities included in phases I and II; and
92.35 (2) all other townships, school districts, and political subdivisions in the state.
93.1Phase III begins three years from the effective date of this section.
93.2 (f) The commissioner or any agency for which competitive bids or proposals are
93.3required may not use best value contracting as defined in section 16C.02, subdivision 4a,
93.4for more than one project annually, or 20 percent of its projects, whichever is greater, in
93.5each of the first three fiscal years in which best value construction contracting is used.
93.6 Subd. 2. Alterations and erasures. A bid containing an alteration or erasure of
93.7any price contained in the bid which is used in determining the lowest responsible bid
93.8must be rejected unless the alteration or erasure is corrected in a manner that is clear and
93.9authenticated by an authorized representative of the responder. An alteration or erasure
93.10may be crossed out and the correction printed in ink or typewritten adjacent to it and
93.11initialed by an authorized representative of the responder.
93.12 Subd. 3. Special circumstances. The commissioner may reject the bid or proposal
93.13of anybidder vendor or contractor who has failed to perform a previous contract with
93.14the state. In the case of identical low bids from two or more bidders, the commissioner
93.15may use negotiated procurement methods with the tied low bidders for that particular
93.16transaction so long as the price paid does not exceed the low tied bid price. The
93.17commissioner may award contracts to more than onebidder vendor or contractor in
93.18accordance with subdivision 1, if doing so does not decrease the service level or diminish
93.19the effect of competition.
93.20 Subd. 4. Record. A record must be kept of all bids or proposals, including names of
93.21bidders, amounts of bids or proposals, and each successful bid or proposal. This record is
93.22open to public inspection, subject to section 13.591 and other applicable law.
93.23 Subd. 5. Preferences not cumulative. The preferences under sections16B.121 ,
93.2416C.06, subdivision 7
, and
16C.16 apply, but are not cumulative. The total percentage
93.25of preference granted on a contract may not exceed the highest percentage of preference
93.26allowed for that contract under any one of those sections.
93.27 Sec. 9. Minnesota Statutes 2006, section 103D.811, subdivision 3, is amended to read:
93.28 Subd. 3. Awarding of contract. (a) At a time and place specified in the bid notice,
93.29the managers may accept or reject any or all bids and may award the contract to the lowest
93.30responsible bidder. The bidder to whom the contract is to be awarded must give a bond,
93.31with ample security, conditioned by satisfactory completion of the contract.
93.32 (b) Bids must not be considered which in the aggregate exceed by more than 30
93.33percent the total estimated cost of construction or implementation.
93.34 (c) As an alternative to the procurement method described in paragraph (a), the
93.35managers may issue a request for proposals and award the contract to the vendor or
94.1contractor offering the best value as described in section 16C.28, subdivision 1, paragraph
94.2(a), clause (2), and paragraph (c).
94.3 (d) The contract must be in writing and be accompanied by or refer to the plans and
94.4specifications for the work to be done as prepared by the engineer for the watershed
94.5district. The plans and specifications shall become a part of the contract.
94.6(d) (e) The contract shall be approved by the managers and signed by the president,
94.7secretary, and contractor.
94.8 Sec. 10. Minnesota Statutes 2006, section 103E.505, subdivision 5, is amended to read:
94.9 Subd. 5. How contract may be awarded. The contract may be awarded in one
94.10job, in sections, or separately for labor and material andmust may be let to the lowest
94.11responsible bidder. Alternatively, the contract may be awarded to the vendor or contractor
94.12offering the best value under a request for proposals as described in section 16C.28,
94.13subdivision 1, paragraph (a), clause (2), and paragraph (c).
94.14 Sec. 11. Minnesota Statutes 2006, section 116A.13, subdivision 5, is amended to read:
94.15 Subd. 5. How job may be let. The job may be let in one job, or in sections, or
94.16separately for labor and material, andshall may be let to the lowest responsible bidder or
94.17bidders therefor. Alternatively, the contract may be awarded to the vendor or contractor
94.18offering the best value under a request for proposals as described in section 16C.28,
94.19subdivision 1, paragraph (a), clause (2), and paragraph (c).
94.20 Sec. 12. Minnesota Statutes 2006, section 123B.52, subdivision 1, is amended to read:
94.21 Subdivision 1. Contracts. A contract for work or labor, or for the purchase of
94.22furniture, fixtures, or other property, except books registered under the copyright laws, or
94.23for the construction or repair of school houses, the estimated cost or value of which shall
94.24exceed that specified in section471.345, subdivision 3 , must not be made by the school
94.25board without first advertising for bids or proposals by two weeks' published notice in the
94.26official newspaper. This notice must state the time and place of receiving bids and contain
94.27a brief description of the subject matter.
94.28 Additional publication in the official newspaper or elsewhere may be made as the
94.29board shall deem necessary.
94.30 After taking into consideration conformity with the specifications, terms of delivery,
94.31and other conditions imposed in the call for bids, every such contract for which a call for
94.32bids has been issued must be awarded to the lowest responsible bidder, be duly executed
94.33in writing, and be otherwise conditioned as required by law. The person to whom the
95.1contract is awarded shall give a sufficient bond to the board for its faithful performance.
95.2Notwithstanding section574.26 or any other law to the contrary, on a contract limited
95.3to the purchase of a finished tangible product, a board may require, at its discretion, a
95.4performance bond of a contractor in the amount the board considers necessary. A record
95.5must be kept of all bids, with names of bidders and amount of bids, and with the successful
95.6bid indicated thereon. A bid containing an alteration or erasure of any price contained in
95.7the bid which is used in determining the lowest responsible bid must be rejected unless the
95.8alteration or erasure is corrected as provided in this section. An alteration or erasure may
95.9be crossed out and the correction thereof printed in ink or typewritten adjacent thereto and
95.10initialed in ink by the person signing the bid. In the case of identical low bids from two or
95.11more bidders, the board may, at its discretion, utilize negotiated procurement methods
95.12with the tied low bidders for that particular transaction, so long as the price paid does not
95.13exceed the low tied bid price. In the case where only a single bid is received, the board
95.14may, at its discretion, negotiate a mutually agreeable contract with the bidder so long as
95.15the price paid does not exceed the original bid. If no satisfactory bid is received, the
95.16board may readvertise. Standard requirement price contracts established for supplies or
95.17services to be purchased by the district must be established by competitive bids. Such
95.18standard requirement price contracts may contain escalation clauses and may provide for a
95.19negotiated price increase or decrease based upon a demonstrable industrywide or regional
95.20increase or decrease in the vendor's costs. Either party to the contract may request that the
95.21other party demonstrate such increase or decrease. The term of such contracts must not
95.22exceed two years with an option on the part of the district to renew for an additional two
95.23years. Contracts for the purchase of perishable food items, except milk for school lunches
95.24and vocational training programs, in any amount may be made by direct negotiation
95.25by obtaining two or more written quotations for the purchase or sale, when possible,
95.26without advertising for bids or otherwise complying with the requirements of this section
95.27or section471.345, subdivision 3 . All quotations obtained shall be kept on file for a
95.28period of at least one year after receipt.
95.29 Every contract made without compliance with the provisions of this section shall be
95.30void. Except in the case of the destruction of buildings or injury thereto, where the public
95.31interest would suffer by delay, contracts for repairs may be made without advertising
95.32for bids.
95.33 Sec. 13. Minnesota Statutes 2006, section 123B.52, is amended by adding a
95.34subdivision to read:
96.1 Subd. 1b. Best value alternative. As an alternative to the procurement method
96.2described in subdivision 1, a contract for construction, building, alteration, improvement,
96.3or repair work may be awarded to the vendor or contractor offering the best value under a
96.4request for proposals as described in section 16C.28, subdivision 1, paragraph (a), clause
96.5(2), and paragraph (c).
96.6 Sec. 14. Minnesota Statutes 2006, section 160.17, is amended by adding a subdivision
96.7to read:
96.8 Subd. 2a. Best value alternative. As an alternative to the procurement method
96.9referenced in subdivision 2, counties or towns may issue a request for proposal and award
96.10the contract to the vendor or contractor offering the best value as described in section
96.1116C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).
96.12 Sec. 15. Minnesota Statutes 2006, section 160.262, is amended by adding a subdivision
96.13to read:
96.14 Subd. 5. Best value alternative. As an alternative to the procurement method
96.15described in subdivision 4, the commissioner may allow for the award of design-build
96.16contracts for the projects described in subdivision 4 to the vendor or contractor offering
96.17the best value under a request for proposals as described in section 16C.28, subdivision 1,
96.18paragraph (a), clause (2), and paragraph (c).
96.19 Sec. 16. Minnesota Statutes 2006, section 161.32, is amended by adding a subdivision
96.20to read:
96.21 Subd. 1f. Best value alternative. As an alternative to the procurement method
96.22described in subdivisions 1a to 1e, the commissioner may issue a request for proposals
96.23and award the contract to the vendor or contractor offering the best value as described in
96.24section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).
96.25 Sec. 17. [161.3206] BEST VALUE CONTRACTING AUTHORITY.
96.26 Notwithstanding sections 16C.25, 161.32, and 161.321, or any other law to the
96.27contrary, the commissioner may solicit and award all contracts, other than design-build
96.28contracts governed by section 161.3412, for a project on the basis of a best value selection
96.29process as defined in section 16C.02, subdivision 4a. Section 16C.08 does not apply
96.30to this section.
96.31 Sec. 18. Minnesota Statutes 2006, section 161.3412, subdivision 1, is amended to read:
97.1 Subdivision 1. Best value selection for design-build contracts. Notwithstanding
97.2sections16C.25 ,
161.32 , and
161.321 , or any other law to the contrary, the commissioner
97.3may solicit and award a design-build contract for a project on the basis of a best value
97.4selection process. Section16C.08 does not apply to design-build contracts to which the
97.5commissioner is a party.
97.6 Sec. 19. Minnesota Statutes 2006, section 161.38, subdivision 4, is amended to read:
97.7 Subd. 4. Effects on other law of public contract with commissioner. Whenever
97.8the road authority of any city enters into an agreement with the commissioner pursuant
97.9to this section, and a portion of the cost is to be assessed against benefited property,
97.10the letting of a public contract by the commissioner for the work shall be deemed to
97.11comply with statutory or charter provisions requiring the city (1) to advertise for bids
97.12before awarding a contract for a public improvement, (2) to let the contract to the lowest
97.13responsible bidder or to the vendor or contractor offering the best value, and (3) to require
97.14a performance bond to be filed by the contractor before undertaking the work. The
97.15contract so let by the commissioner and the performance bond required of the contractor
97.16by the commissioner shall be considered to be the contract and bond of the city for the
97.17purposes of complying with the requirements of any applicable law or charter provision,
97.18and the bond shall inure to the benefit of the city and operate for their protection to the
97.19same extent as though they were parties thereto.
97.20 Sec. 20. Minnesota Statutes 2006, section 365.37, is amended by adding a subdivision
97.21to read:
97.22 Subd. 2a. Best value alternative. As an alternative to the procurement method
97.23described in subdivision 2, a contract for construction, building, alteration, improvement,
97.24or repair work may be awarded to the vendor or contractor offering the best value under a
97.25request for proposals as described in section 16C.28, subdivision 1, paragraph (a), clause
97.26(2), and paragraph (c).
97.27 Sec. 21. Minnesota Statutes 2006, section 374.13, is amended to read:
97.28374.13 TO ADVERTISE FOR BIDS.
97.29 Subdivision 1. Bidding process. When the plans and specifications are completed
97.30and approved by the city council and the county board, the commission shall, after notice
97.31appropriate to inform possible bidders, obtain bids or proposals for all or any portion of
97.32the work or materials, or both, to be done, performed, or furnished in the construction of
97.33the building. All bids or proposals shall be sealed by the bidders or proposers and filed
98.1with the commission at or before the time specified for the opening of bids or proposals.
98.2At the time and place specified for the opening of bids or proposals, the commission shall
98.3meet, open the bids or proposals, tabulate them, and award the contract or contracts to the
98.4responsible bidder whose bid or proposal is the most favorable to the city or county, or
98.5reject all bids and proposals. If all bids or proposals are rejected, the commission may,
98.6after similar notice, obtain more bids or proposals or may modify or change the plans and
98.7specifications and submit the modified plans and specifications to the city council and the
98.8county board for approval. When the modified or changed plans and specifications are
98.9satisfactory to both the city council and the county board, the plans and specifications
98.10shall be returned to the commission and the commission shall proceed again, after similar
98.11notice, to obtain bids or proposals. Any contract awarded by the commission shall be
98.12subject to approval by the city council and the county board.
98.13 Subd. 2. Best value alternative. As an alternative to the procurement method
98.14described in subdivision 1, the commission may issue a request for proposals and award
98.15the contract to the vendor or contractor offering the best value as described in section
98.1616C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).
98.17 Sec. 22. Minnesota Statutes 2006, section 375.21, is amended by adding a subdivision
98.18to read:
98.19 Subd. 1b. Best value alternative. As an alternative to the procurement method
98.20described in subdivision 1, a county board may award a contract for construction, building,
98.21alteration, improvement, or repair work to the vendor or contractor offering the best value
98.22under a request for proposals as described in section 16C.28, subdivision 1, paragraph
98.23(a), clause (2), and paragraph (c).
98.24 Sec. 23. Minnesota Statutes 2006, section 383C.094, is amended by adding a
98.25subdivision to read:
98.26 Subd. 1a. Contracts in excess of $500; best value alternative. As an alternative to
98.27the procurement method described in subdivision 1, the contract may be awarded to the
98.28vendor or contractor offering the best value under a request for proposals as described in
98.29section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).
98.30 Sec. 24. Minnesota Statutes 2006, section 412.311, is amended to read:
98.31412.311 CONTRACTS.
98.32 Subdivision 1. Lowest responsible bidder. Except as provided in sections471.87
98.33to471.89 , no member of a council shall be directly or indirectly interested in any contract
99.1made by the council. Whenever the amount of a contract for the purchase of merchandise,
99.2materials or equipment or for any kind of construction work undertaken by the city is
99.3estimated to exceed the amount specified by section471.345, subdivision 3 , the contract
99.4shall be let to the lowest responsible bidder, after notice has been published once in the
99.5official newspaper at least ten days in advance of the last day for the submission of bids. If
99.6the amount of the contract exceeds $1,000, it shall be entered into only after compliance
99.7with section471.345 .
99.8 Subd. 2. Best value alternative. As an alternative to the procurement method
99.9described in subdivision 1, a contract for construction, building, alteration, improvement,
99.10or repair work may be awarded to the vendor or contractor offering the best value under a
99.11request for proposals as described in section 16C.28, subdivision 1, paragraph (a), clause
99.12(2), and paragraph (c).
99.13 Sec. 25. Minnesota Statutes 2006, section 429.041, is amended by adding a subdivision
99.14to read:
99.15 Subd. 2a. Best value alternative. As an alternative to the procurement method
99.16described in subdivision 2, the council may issue a request for proposals and award the
99.17contract to the vendor or contractor offering the best value as described in section 16C.28,
99.18subdivision 1, paragraph (a), clause (2), and paragraph (c).
99.19 Sec. 26. Minnesota Statutes 2006, section 458D.21, is amended by adding a
99.20subdivision to read:
99.21 Subd. 2a. Contracts in excess of $5,000; best value alternative. As an alternative
99.22to the procurement method described in subdivision 2, the board may issue a request for
99.23proposals and award the contract to the vendor or contractor offering the best value as
99.24described in section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).
99.25 Sec. 27. Minnesota Statutes 2006, section 469.015, is amended by adding a subdivision
99.26to read:
99.27 Subd. 1a. Best value alternative. As an alternative to the procurement method
99.28described in subdivision 1, the authority may issue a request for proposals and award the
99.29contract to the vendor or contractor offering the best value under a request for proposals as
99.30described in section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).
99.31 Sec. 28. Minnesota Statutes 2006, section 469.068, subdivision 1, is amended to read:
100.1 Subdivision 1. Contracts; bids; bonds. All construction work and every purchase
100.2of equipment, supplies, or materials necessary in carrying out the purposes of sections
100.3469.048
to
469.068 , that involve the expenditure of $1,000 or more, shall be awarded by
100.4contract as provided in this subdivision or in subdivision 1a. Before receiving bids under
100.5sections469.048 to
469.068 , the authority shall publish, once a week for two consecutive
100.6weeks in the official newspaper of the port's city, a notice that bids will be received for the
100.7construction work, or purchase of equipment, supplies, or materials. The notice shall state
100.8the nature of the work, and the terms and conditions upon which the contract is to be let
100.9and name a time and place where the bids will be received, opened, and read publicly,
100.10which time shall be not less than seven days after the date of the last publication. After
100.11the bids have been received, opened, read publicly, and recorded, the commissioners
100.12shall award the contract to the lowest responsible bidder, reserving the right to reject
100.13any or all bids. The contract shall be executed in writing and the person to whom the
100.14contract is awarded shall give sufficient bond to the board for its faithful performance. If
100.15no satisfactory bid is received, the port authority may readvertise, or, by an affirmative
100.16vote of two of its commissioners in the case of a three-member commission, or five of
100.17its members in the case of a seven-member commission, may authorize the authority
100.18to perform any part or parts of any construction work by day labor under conditions it
100.19prescribes. The commissioners may establish reasonable qualifications to determine
100.20the fitness and responsibility of bidders, and require bidders to meet the qualifications
100.21before bids are accepted. If the commissioners by a two-thirds or five-sevenths vote
100.22declare that an emergency exists requiring the immediate purchase of any equipment or
100.23material or supplies at a cost in excess of $1,000, but not exceeding $5,000, in amount,
100.24or making of emergency repairs, it shall not be necessary to advertise for bids, but the
100.25material, equipment, or supplies may be purchased in the open market at the lowest price
100.26obtainable, or the emergency repairs may be contracted for or performed without securing
100.27formal competitive bids. An emergency, for purposes of this section, is unforeseen
100.28circumstances or conditions which result in the jeopardizing of human life or property.
100.29 In all contracts involving the employment of labor, the commissioners shall stipulate
100.30conditions they deem reasonable, as to the hours of labor and wages and may stipulate as
100.31to the residence of employees to be employed by the contractors.
100.32 Bonds shall be required from contractors for any works of construction as provided
100.33in and subject to all the provisions of sections574.26 to
574.31 .
100.34 Sec. 29. Minnesota Statutes 2006, section 469.068, is amended by adding a subdivision
100.35to read:
101.1 Subd. 1a. Contracts; best value alternative. As an alternative to the procurement
101.2method described in subdivision 1, a contract may be awarded to the vendor or contractor
101.3offering the best value under a request for proposals as described in section 16C.28,
101.4subdivision 1, paragraph (a), clause (2), and paragraph (c).
101.5 Sec. 30. Minnesota Statutes 2006, section 471.345, is amended by adding a subdivision
101.6to read:
101.7 Subd. 3a. Contracts over $50,000; best value alternative. As an alternative to the
101.8procurement method described in subdivision 3, municipalities may award a contract for
101.9construction, alteration, repair, or maintenance work to the vendor or contractor offering
101.10the best value under a request for proposals as described in section 16C.28, subdivision 1,
101.11paragraph (a), clause (2), and paragraph (c).
101.12 Sec. 31. Minnesota Statutes 2006, section 471.345, is amended by adding a subdivision
101.13to read:
101.14 Subd. 4a. Contracts from $10,000 to $50,000; best value alternative. As an
101.15alternative to the procurement method described in subdivision 4, municipalities may
101.16award a contract for construction, alteration, repair, or maintenance work to the vendor or
101.17contractor offering the best value under a request for proposals as described in section
101.1816C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).
101.19 Sec. 32. Minnesota Statutes 2006, section 471.345, subdivision 5, is amended to read:
101.20 Subd. 5. Contracts less than $10,000. If the amount of the contract is estimated
101.21to be $10,000 or less, the contract may be made either upon quotation or in the open
101.22market, in the discretion of the governing body. If the contract is made upon quotation
101.23it shall be based, so far as practicable, on at least two quotations which shall be kept on
101.24file for a period of at least one year after their receipt. Alternatively, municipalities may
101.25award a contract for construction, alteration, repair, or maintenance work to the vendor or
101.26contractor offering the best value under a request for proposals as described in section
101.2716C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).
101.28 Sec. 33. Minnesota Statutes 2006, section 473.523, is amended by adding a subdivision
101.29to read:
101.30 Subd. 1a. Contracts over $50,000; best value alternative. As an alternative to
101.31the procurement method described in subdivision 1, the council may issue a request for
101.32proposals and award the contract to the vendor or contractor offering the best value
102.1under a request for proposals as described in section 16C.28, subdivision 1, paragraph
102.2(a), clause (2), and paragraph (c).
102.3 Sec. 34. Minnesota Statutes 2006, section 473.756, subdivision 12, is amended to read:
102.4 Subd. 12. Contracts. The authority may enter into a development agreement with
102.5the team, the county, or any other entity relating to the construction, financing, and use of
102.6the ballpark and related facilities and public infrastructure. The authority may contract
102.7for materials, supplies, and equipment in accordance with sections471.345 and
473.754 ,
102.8except that the authority, with the consent of the county, may employ or contract with
102.9persons, firms, or corporations to perform one or more or all of the functions of architect,
102.10engineer, or construction manager with respect to all or any part of the ballpark and
102.11public infrastructure. Alternatively, at the request of the team and with the consent of the
102.12county, the authority shall authorize the team to provide for the design and construction
102.13of the ballpark and related public infrastructure, subject to terms of Laws 2006, chapter
102.14257. The construction manager may enter into contracts with contractors for labor,
102.15materials, supplies, and equipment for the construction of the ballpark and related public
102.16infrastructure through the process of public bidding, except that the construction manager
102.17may, with the consent of the authority or the team:
102.18 (1) narrow the listing of eligible bidders to those which the construction manager
102.19determines to possess sufficient expertise to perform the intended functions;
102.20 (2) award contracts to the contractors that the construction manager determines
102.21provide the best value under a request for proposals as described in section 16C.28,
102.22subdivision 1, paragraph (a), clause (2), and paragraph (c), which are not required to be
102.23the lowest responsible bidder; and
102.24 (3) for work the construction manager determines to be critical to the completion
102.25schedule, award contracts on the basis of competitive proposals or perform work with
102.26its own forces without soliciting competitive bids if the construction manager provides
102.27evidence of competitive pricing.
102.28The authority shall require that the construction manager certify, before the contract is
102.29signed, a fixed and stipulated construction price and completion date to the authority
102.30and post a performance bond in an amount at least equal to 100 percent of the certified
102.31price, to cover any costs which may be incurred in excess of the certified price, including
102.32but not limited to costs incurred by the authority or loss of revenues resulting from
102.33incomplete construction on the completion date. The authority may secure surety bonds
102.34as provided in section574.26 , securing payment of just claims in connection with all
102.35public work undertaken by it. Persons entitled to the protection of the bonds may enforce
103.1them as provided in sections574.28 to
574.32 , and shall not be entitled to a lien on any
103.2property of the authority under the provisions of sections514.01 to
514.16 . Contracts for
103.3construction and operation of the ballpark must include programs, including Youthbuild,
103.4to provide for participation by small local businesses and businesses owned by people of
103.5color, and the inclusion of women and people of color in the workforces of contractors
103.6and ballpark operators. The construction of the ballpark is a "project" as that term is
103.7defined in section177.42 , subdivision 2, and is subject to the prevailing wage law under
103.8sections177.41 to
177.43 .
103.11 Section 1. Minnesota Statutes 2006, section 200.02, subdivision 7, is amended to read:
103.12 Subd. 7. Major political party. (a) "Major political party" means a political party
103.13that maintains a party organization in the state, political division, or precinct in question
103.14and that has presented at least one candidate for election to the office of:
103.15 (1) governor and lieutenant governor, secretary of state, state auditor, or attorney
103.16general at the last preceding state general election for those offices; or
103.17 (2) presidential elector or U.S. senator at the last preceding state general election for
103.18presidential electors; and
103.19 whose candidate received votes in each county in that election and received votes
103.20from not less than five percent of the total number of individuals who voted in that election.
103.21 (b) "Major political party" also means a political party that maintains a party
103.22organization in the state, political subdivision, or precinct in question and that has
103.23presented at least 45 candidates for election to the office of state representative, 23
103.24candidates for election to the office of state senator, four candidates for election to
103.25the office of representative in Congress, and one candidate for election to each of the
103.26following offices: governor and lieutenant governor, attorney general, secretary of state,
103.27and state auditor, at the last preceding state general election for those offices.
103.28 (c) "Major political party" also means a political party that maintains a party
103.29organization in the state, political subdivision, or precinct in question and whose members
103.30present to the secretary of stateat any time before the close of filing for the state partisan
103.31primary ballot at least six weeks before the start of the filing period a petition for a place
103.32on the state partisan primary ballot, which petition contains signatures of a number of
103.33the party members equal to at least five percent of the total number of individuals who
103.34voted 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 (d) A political party whose candidate receives a sufficient number of votes at a state
104.4general election described in paragraph (a) or a political party that presents candidates at
104.5an election as required by paragraph (b) becomes a major political party as of January
104.61 following that election and retains its major party status for at least two state general
104.7elections even if the party fails to present a candidate who receives the number and
104.8percentage of votes required under paragraph (a) or fails to present candidates as required
104.9by paragraph (b) at subsequent state general elections.
104.10 (e) A major political party whose candidates fail to receive the number and
104.11percentage of votes required under paragraph (a) and that fails to present candidates as
104.12required by paragraph (b) at each of two consecutive state general elections described by
104.13paragraph (a) or (b), respectively, loses major party status as of December 31 following
104.14the later of the two consecutive state general elections.
104.15 Sec. 2. Minnesota Statutes 2006, section 200.02, subdivision 23, is amended to read:
104.16 Subd. 23. Minor political party. (a) "Minor political party" means a political party
104.17that has adopted a state constitution, designated a state party chair, held a state convention
104.18in the last two years, filed with the secretary of state no later than December 31 following
104.19the most recent state general election a certification that the party has met the foregoing
104.20requirements, and met the requirements of paragraph (b) or (e), as applicable.
104.21 (b) To be considered a minor party in all elections statewide, the political party must
104.22have presented at least one candidate for election to the office of:
104.23 (1) governor and lieutenant governor, secretary of state, state auditor, or attorney
104.24general, at the last preceding state general election for those offices; or
104.25 (2) presidential elector or U.S. senator at the preceding state general election for
104.26presidential electors; and
104.27 who received votes in each county that in the aggregate equal at least one percent
104.28of the total number of individuals who voted in the election, or its members must have
104.29presented to the secretary of stateat any time before the close of filing for the state
104.30partisan primary ballot at least six weeks before the start of the filing period a nominating
104.31petition in a form prescribed by the secretary of state containing the signatures of party
104.32members in a number equal to at least one percent of the total number of individuals who
104.33voted in the preceding state general election. The petition may be circulated at any time
104.34after January 1 and more than six weeks before the start of the filing period in the year
104.35the petition is submitted.
105.1 (c) A political party whose candidate receives a sufficient number of votes at a
105.2state general election described in paragraph (b) becomes a minor political party as of
105.3January 1 following that election and retains its minor party status for at least two state
105.4general elections even if the party fails to present a candidate who receives the number
105.5and percentage of votes required under paragraph (b) at subsequent state general elections.
105.6 (d) A minor political party whose candidates fail to receive the number and
105.7percentage of votes required under paragraph (b) at each of two consecutive state general
105.8elections described by paragraph (b) loses minor party status as of December 31 following
105.9the later of the two consecutive state general elections.
105.10 (e) A minor party that qualifies to be a major party loses its status as a minor party
105.11at the time it becomes a major party. Votes received by the candidates of a major party
105.12must be counted in determining whether the party received sufficient votes to qualify as
105.13a minor party, notwithstanding that the party does not receive sufficient votes to retain
105.14its major party status. To be considered a minor party in an election in a legislative
105.15district, the political party must have presented at least one candidate for a legislative
105.16office in that district who received votes from at least ten percent of the total number of
105.17individuals who voted for that office, or its members must have presented to the secretary
105.18of state a nominating petition in a form prescribed by the secretary of state containing the
105.19signatures of party members in a number equal to at least ten percent of the total number
105.20of individuals who voted in the preceding state general election for that legislative office.
105.21 Sec. 3. Minnesota Statutes 2006, section 201.016, subdivision 1a, is amended to read:
105.22 Subd. 1a. Violations; penalty. (a) The county auditor shall mail a violation notice
105.23to any voter who the county auditor can determine has votedin a precinct other than the
105.24precinct in using an address at which the voter maintains does not maintain residence on
105.25election day. The notice must be in the form provided by the secretary of state. The
105.26county auditor shall also change the status of the voter in the statewide registration system
105.27to "challenged" and the voter shall be required to provide proof of residence to either the
105.28county auditor or to the election judges in the voter's precinct before voting in the next
105.29election. Any of the forms authorized by section201.061 for registration at the polling
105.30place may be used for this purpose.
105.31 (b) A voter who votes in a precinct other than the precinct in which the voter
105.32maintains residence after receiving an initial violation notice as provided in this
105.33subdivision is guilty of a petty misdemeanor.
106.1 (c) A voter who votes in a precinct other than the precinct in which the voter
106.2maintains residence after having been found to have committed a petty misdemeanor
106.3under paragraph (b) is guilty of a misdemeanor.
106.4 (d) Reliance by the voter on inaccurate information regarding the location of the
106.5voter's polling place provided by the state, county, or municipality is an affirmative
106.6defense to a prosecution under this subdivision.
106.7 Sec. 4. Minnesota Statutes 2006, section 201.056, is amended to read:
106.8201.056 SIGNATURE OF REGISTERED VOTER; MARKS ALLOWED.
106.9 An individual who is unable to write the individual's name shall be required to sign a
106.10registrationcard by making the individual's mark application in the manner provided by
106.11section 645.44, subdivision 14. If the individual registers in person and signs by making
106.12a mark, the clerk or election judge accepting the registration shall certify the mark by
106.13signing the individual's name. If the individual registers by mail and signs by making a
106.14mark, the mark shall be certified by having a voter registered in the individual's precinct
106.15sign the individual's name and the voter's own name and give the voter's own address.
106.16 Sec. 5. Minnesota Statutes 2006, section 201.061, subdivision 1, is amended to read:
106.17 Subdivision 1. Prior to election day. At any time except during the 20 days
106.18immediately preceding any regularly scheduled election, an eligible voter or any
106.19individual who will be an eligible voter at the time of the next election may register to
106.20vote in the precinct in which the voter maintains residence by completing a paper voter
106.21registration application as described in section201.071, subdivision 1 , and submitting
106.22it in person or by mail to the county auditor of that county or to the Secretary of State's
106.23Office. If the Web site maintained by the secretary of state provides, an individual who has
106.24a Minnesota driver's license, identification card, or learner's permit may register online.
106.25A registration that is received no later than 5:00 p.m. on the 21st day preceding any
106.26election shall be accepted. An improperly addressed or delivered registration application
106.27shall be forwarded within two working days after receipt to the county auditor of the
106.28county where the voter maintains residence. A state or local agency or an individual that
106.29accepts completed voter registration applications from a voter must submit the completed
106.30applications to the secretary of state or the appropriate county auditor within ten business
106.31days after the applications are dated by the voter.
106.32 For purposes of this section, mail registration is defined as a voter registration
106.33application delivered to the secretary of state, county auditor, or municipal clerk by the
106.34United States Postal Service or a commercial carrier.
107.1 Sec. 6. Minnesota Statutes 2006, section 201.061, is amended by adding a subdivision
107.2to read:
107.3 Subd. 1b. Prohibited methods of compensation; penalty. (a) No individual
107.4may be compensated for the solicitation, collection, or acceptance of voter registration
107.5applications from voters for submission to the secretary of state, a county auditor, or other
107.6local election official in a manner in which payment is calculated by multiplying (1)
107.7either a set or variable payment rate, by (2) the number of voter registration applications
107.8solicited, collected, or accepted.
107.9 (b) No individual may be deprived of compensation or have compensation
107.10automatically reduced exclusively for failure to solicit, collect, or accept a minimum
107.11number of voter registration applications and no individual may receive additional
107.12compensation for reaching or exceeding a minimum number of voter registration
107.13applications.
107.14 (c) A person who violates this subdivision is guilty of a petty misdemeanor.
107.15 Sec. 7. Minnesota Statutes 2006, section 201.061, subdivision 3, is amended to read:
107.16 Subd. 3. Election day registration. (a) The definitions in this paragraph apply
107.17to this subdivision:
107.18 (1) "current utility bill" means a utility bill dated within 30 days before the election
107.19day or due within 30 days before or after the election;
107.20 (2) "photo identification" means identification that displays the name and photo
107.21of an individual and that was issued by:
107.22 (i) another state for use as a driver's license or identification card;
107.23 (ii) a Minnesota college, university, or other postsecondary educational institution or
107.24high school as a student identification card; or
107.25 (iii) a tribal government of a tribe recognized by the Bureau of Indian Affairs, United
107.26States Department of the Interior;
107.27 (3) "residential facility" means transitional housing as defined in section256E.33,
107.28subdivision 1 ; a supervised living facility licensed by the commissioner of health under
107.29section144.50, subdivision 6 ; a nursing home as defined in section
144A.01, subdivision
107.305 ; a residence registered with the commissioner of health as a housing with services
107.31establishment as defined in section144D.01, subdivision 4 ; a veterans home operated by
107.32the board of directors of the Minnesota Veterans Homes under chapter 198; a residence
107.33licensed by the commissioner of human services to provide a residential program as
107.34defined in section245A.02, subdivision 14 ; a residential facility for persons with a
107.35developmental disability licensed by the commissioner of human services under section
108.1252.28 ; group residential housing as defined in section
256I.03, subdivision 3 ; a shelter
108.2for battered women as defined in section611A.37, subdivision 4 ; or a supervised
108.3publicly or privately operated shelter or dwelling designed to provide temporary living
108.4accommodations for the homeless; and
108.5 (4) "utility bill" means a written or electronic bill for gas, electricity, telephone,
108.6wireless telephone, cable television, satellite television, solid waste, water, sewer services,
108.7or an itemized rent statement.
108.8 (b) An individual who is eligible to vote may register on election day by appearing
108.9in person at the polling place for the precinct in which the individual maintains residence,
108.10by completing a registration application, making an oath in the form prescribed by the
108.11secretary of state and providing proof of residence. An individual may prove residence for
108.12purposes of registering by:
108.13 (1) presenting a driver's license or Minnesota identification card issued pursuant
108.14to section171.07 ;
108.15 (2) presenting:
108.16 (i) a photo identification; and
108.17 (ii) a current utility bill or lease, showing the individual's name and valid residential
108.18address in the precinct;
108.19 (3) presenting an identification card issued by the tribal government of a tribe
108.20recognized by the Bureau of Indian Affairs, United States Department of the Interior, that
108.21contains the name, address, signature, and picture of the individual;
108.22(2) (4) presenting any document approved by the secretary of state as proper
108.23identification;
108.24(3) (5) presenting one of the following:
108.25 (i) a current valid student identification card from a postsecondary educational
108.26institution in Minnesota, if a list of students from that institution has been prepared under
108.27section135A.17 and certified to the county auditor in the manner provided in rules of
108.28the secretary of state; or
108.29 (ii) a current student fee statement that contains the student's valid address in the
108.30precinct together with apicture photo identification card; or
108.31(4) (6)(i) having a voter who is registered to vote in the precinct, or who is an
108.32employee employed by and working in a residential facility in the precinct and vouching
108.33for a resident in the facility, sign an oath in the presence of the election judge vouching that
108.34the voter or employee personally knows that the individual is a resident of the precinct. A
108.35voter who has been vouched for on election day may not sign a proof of residence oath
108.36vouching for any other individual on that election day. A voter who is registered to vote
109.1in the precinct may sign up to 15 proof-of-residence oaths on any election day. This
109.2limitation does not apply to an employee of a residential facility described in this clause.
109.3 (ii) The secretary of state shall provide a form for election judges to use in recording
109.4the number of individuals for whom a voter signs proof-of-residence oaths on election
109.5day. The form must include space for the maximum number of individuals for whom a
109.6voter may sign proof-of-residence oaths. For each proof-of-residence oath, the form
109.7must include a statement that the voter is registered to vote in the precinct, personally
109.8knows that the individual is a resident of the precinct, and is making the statement on
109.9oath. The form must include a space for the voter's printed name, signature, telephone
109.10number, and address.
109.11 The oath required by this subdivision and Minnesota Rules, part8200.9939 , must
109.12be attached to the voter registration applicationand the information on the oath must be
109.13recorded on the records of both the voter registering on election day and the voter who
109.14is vouching for the person's residence, and entered into the statewide voter registration
109.15system by the county auditor when the voter registration application is entered into that
109.16system.
109.17(b) The operator of a residential facility shall prepare a list of the names of its
109.18employees currently working in the residential facility and the address of the residential
109.19facility. The operator shall certify the list and provide it to the appropriate county auditor
109.20no less than 20 days before each election for use in election day registration.
109.21(c) "Residential facility" means transitional housing as defined in section
256E.33,
109.22subdivision 1
; a supervised living facility licensed by the commissioner of health under
109.23section
144.50, subdivision 6; a nursing home as defined in section
144A.01, subdivision
109.245
; a residence registered with the commissioner of health as a housing with services
109.25establishment as defined in section
144D.01, subdivision 4; a veterans home operated by
109.26the board of directors of the Minnesota Veterans Homes under chapter 198; a residence
109.27licensed by the commissioner of human services to provide a residential program as
109.28defined in section
245A.02, subdivision 14; a residential facility for persons with a
109.29developmental disability licensed by the commissioner of human services under section
109.30252.28; group residential housing as defined in section
256I.03, subdivision 3; a shelter
109.31for battered women as defined in section
611A.37, subdivision 4; or a supervised
109.32publicly or privately operated shelter or dwelling designed to provide temporary living
109.33accommodations for the homeless.
109.34(d) For tribal band members, an individual may prove residence for purposes of
109.35registering by:
110.1(1) presenting an identification card issued by the tribal government of a tribe
110.2recognized by the Bureau of Indian Affairs, United States Department of the Interior, that
110.3contains the name, address, signature, and picture of the individual; or
110.4(2) presenting an identification card issued by the tribal government of a tribe
110.5recognized by the Bureau of Indian Affairs, United States Department of the Interior, that
110.6contains the name, signature, and picture of the individual and also presenting one of the
110.7documents listed in Minnesota Rules, part
8200.5100, subpart 2, item B.
110.8 (c) An employee of a residential facility must prove employment with that
110.9facility by presenting a current identification card issued by the facility or other official
110.10documentation verifying the employee's current status with the facility on election day to
110.11be eligible to vouch for individuals residing in that facility.
110.12(e) (d) A county, school district, or municipality may require that an election judge
110.13responsible for election day registration initial each completed registration application.
110.14EFFECTIVE DATE.This section is effective September 1, 2007.
110.15 Sec. 8. Minnesota Statutes 2006, section 201.071, subdivision 1, is amended to read:
110.16 Subdivision 1. Form. A voter registration application mustbe of suitable size and
110.17weight for mailing and contain spaces for the following required information: voter's first
110.18name, middle name, and last name; voter's previous name, if any; voter's current address;
110.19voter's previous address, if any; voter's date of birth; voter's municipality and county of
110.20residence; voter's telephone number, if provided by the voter; date of registration; current
110.21and valid Minnesota driver's license number or Minnesota state identification number,
110.22or if the voter has no current and valid Minnesota driver's license or Minnesota state
110.23identification, and the last four digits of the voter's Social Security number; and voter's
110.24signature. The registration application may include the voter's e-mail address, if provided
110.25by the voter, and the voter's interest in serving as an election judge, if indicated by the
110.26voter. The application must also contain the following certification of voter eligibility:
110.27 "I certify that I:
110.28 (1) will be at least 18 years old on election day;
110.29 (2) am a citizen of the United States;
110.30 (3) will have resided in Minnesota for 20 days immediately preceding election day;
110.31 (4) maintain residence at the address given on the registration form;
110.32 (5) am not under court-ordered guardianship in which the court order revokes my
110.33right to vote;
110.34 (6) have not been found by a court to be legally incompetent to vote;
111.1 (7) have the right to vote because, if I have been convicted of a felony, my felony
111.2sentence has expired (been completed) or I have been discharged from my sentence; and
111.3 (8) have read and understand the following statement: that giving false information
111.4is a felony punishable by not more than five years imprisonment or a fine of not more
111.5than $10,000, or both."
111.6 The certification must include boxes for the voter to respond to the following
111.7questions:
111.8 "(1) Are you a citizen of the United States?" and
111.9 "(2) Will you be 18 years old on or before election day?"
111.10 And the instruction:
111.11 "If you checked 'no' to either of these questions, do not complete this form."
111.12 The form of the voter registration application and the certification of voter eligibility
111.13must be as provided in this subdivision and approved by the secretary of state. Voter
111.14registration forms authorized by the National Voter Registration Act must also be accepted
111.15as valid. The federal postcard application form must also be accepted as valid if it is not
111.16deficient and the voter is eligible to register in Minnesota.
111.17 An individual may use a voter registration application to apply to register to vote in
111.18Minnesota or to change information on an existing registration.
111.19 A paper voter registration application must include space for the voter's signature
111.20and be of suitable size and weight for mailing.
111.21 Sec. 9. Minnesota Statutes 2006, section 201.091, is amended by adding a subdivision
111.22to read:
111.23 Subd. 5a. Registration verification to registered voter. The secretary of state may
111.24provide for voter registration verification to a registered voter on the secretary of state's
111.25Web site. An individual using the verification service must provide the individual's name,
111.26address, and date of birth when requesting registration verification. If the verification
111.27information provided completely matches an active registration record in the statewide
111.28registration system, the individual must be informed that the individual is a registered
111.29voter and provided with the individual's polling place location. If the verification
111.30information provided does not completely match an active registration record in the
111.31statewide registration system, the individual must be informed that a registration record
111.32at the name and address provided cannot be retrieved and advised to contact the county
111.33auditor or secretary of state for further information.
111.34 Sec. 10. Minnesota Statutes 2006, section 201.091, subdivision 9, is amended to read:
112.1 Subd. 9. Restricted data. A list provided for public inspection or purchase, for
112.2jury selection, or in response to a law enforcement inquiry, must not include a voter's
112.3date of birth or any part of a voter's Social Security number, driver's license number,or
112.4identification card number, military identification card number, or passport number.
112.5 Sec. 11. Minnesota Statutes 2006, section 201.12, is amended to read:
112.6201.12 PROPER REGISTRATION; VERIFICATION BY MAIL;
112.7CHALLENGES.
112.8 Subdivision 1. Notice of registration. To prevent fraudulent voting and to eliminate
112.9excess names, the county auditor may mail to any registered voter a notice stating the
112.10voter's name and address as they appear in the registration files. The notice shall request
112.11the voter to notify the county auditor if there is any mistake in the information.
112.12 Subd. 2.Challenges Moved within state. If the notice is returned as undeliverable
112.13but with a permanent forwarding address in this state, the county auditor shall notify the
112.14auditor of the county where the voter resides. Upon receipt of the notice, the county
112.15auditor shall update the voter's address in the statewide voter registration system and mail
112.16to the voter the notice of registration required by section201.121, subdivision 2 . The
112.17notice must advise the voter that the voter's voting address has been changed and that the
112.18voter must notify the county auditor within 21 days if the new address is not what the
112.19voter intended to be their permanent address.
112.20 Subd. 3. Moved out of state. If the notice is returned as undeliverable but with a
112.21permanent forwarding address outside this state, the county auditor shall promptly mail
112.22to 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.
112.26 Subd. 4. Challenges.Upon return of any nonforwardable mailing from an
112.27election official, the county auditor or the auditor's staff shall ascertain the name and
112.28address of that individual. If the individual is no longer at the address recorded in the
112.29statewide registration system If the notice is returned as undeliverable but with no
112.30forwarding address, the county auditor shall change the registrant's status to "challenged"
112.31in the statewide registration system. An individual challenged in accordance with this
112.32subdivision shall comply with the provisions of section204C.12 , before being allowed to
112.33vote. If a notice mailed at least 60 days after the return of the first nonforwardable mailing
112.34is also returned by the postal service, the county auditor shall change the registrant's status
112.35to "inactive" in the statewide registration system.
113.1EFFECTIVE DATE.This section is effective August 1, 2007.
113.2 Sec. 12. Minnesota Statutes 2006, section 201.13, subdivision 3, is amended to read:
113.3 Subd. 3. Use of change of address system.The county auditor may delete the
113.4records in the statewide registration system of voters whose change of address can be
113.5confirmed by the United States Postal Service. The secretary of state may provide the
113.6county auditors with periodic reports on voters whose change of address can be confirmed
113.7by the United States Postal Service.
113.8 (a) At least once each month the secretary of state shall obtain a list of individuals in
113.9this state who have filed with the United States Postal Service a change of their permanent
113.10address. If an individual is registered as a voter in the statewide voter registration system
113.11and the change is to another address in this state, the secretary of state shall transmit
113.12the registration by electronic means to the county auditor of the county where the voter
113.13resides. Upon receipt of the registration, the county auditor shall update the voter's
113.14address in the statewide voter registration system and mail to the voter the notice of
113.15registration required by section201.121, subdivision 2 . The notice must advise the voter
113.16that the voter's permanent address has been changed and that the voter must notify the
113.17county auditor within 21 days if the new address is not what the voter intended to be the
113.18voter's permanent address.
113.19 (b) If the change of permanent address is to a forwarding address outside this state,
113.20the secretary of state shall notify by electronic means the auditor of the county where the
113.21voter formerly resided that the voter has left the state. The county auditor shall promptly
113.22mail to the voter at the forwarding address a notice advising the voter that the voter's voter
113.23registration in this state will be deleted unless the voter notifies the county auditor within
113.2421 days that the voter intends to retain the former address as the voter's permanent address.
113.25If the notice is not received by the deadline, the county auditor shall delete the registration.
113.26EFFECTIVE DATE.This section is effective April 1, 2008.
113.27 Sec. 13. Minnesota Statutes 2006, section 201.161, is amended to read:
113.28201.161 AUTOMATIC REGISTRATION OF DRIVER'S LICENSE,
113.29INSTRUCTION PERMIT, AND IDENTIFICATION CARDAPPLICATIONS
113.30APPLICANTS.
113.31 Subdivision 1. Automatic registration. An individual who properly completes
113.32an application for a new or renewed Minnesota driver's license, instruction permit, or
114.1identification card, and who is eligible to vote under section201.014 , must be registered to
114.2vote as provided in this section, unless the applicant declines to be registered.
114.3 Subd. 2. Applications. TheDepartment commissioner of public safety, in
114.4consultation with the secretary of state, shall changeits the applications for an original,
114.5duplicate, or change of address driver's license, instruction permit, or identification card so
114.6that the forms may also serve as voter registration applications. The forms must contain
114.7spaces for all information collected by voter registration applications prescribed by the
114.8secretary of state and a box for the applicant to decline to be registered to vote.Applicants
114.9for driver's licenses or identification cards must be asked if they want to register to vote
114.10at the same time and that If the applicant has not declined to be registered to vote, the
114.11commissioner shall transmit the informationmust be transmitted at least weekly daily by
114.12electronic means to the secretary of state. Pursuant to the Help America Vote Act of 2002,
114.13Public Law 107-252, the computerized driver's license record containing the voter's name,
114.14address, date of birth, citizenship, driver's license number or state identification number,
114.15county,town, and city or town, and signature must be made available for access by the
114.16secretary of state and interaction with the statewide voter registration system.
114.17 Subd. 3. Registration. (a) The secretary of state shall determine whether the
114.18applicant is currently registered in the statewide voter registration system. For each
114.19currently registered voter whose registration is not changed, the secretary of state shall
114.20update the voter's registration date in the statewide voter registration system. For each
114.21currently registered voter whose registration is changed, the secretary of state shall
114.22transmit the registration daily by electronic means to the county auditor of the county
114.23where the voter resides.
114.24 (b) If the applicant is not currently registered in the statewide voter registration
114.25system, the secretary of state shall determine whether the applicant is 18 years of age or
114.26older and a citizen of the United States and compare the voter registration information
114.27received from the commissioner of public safety with the information on wards,
114.28incompetents, and felons received from the state court administrator under sections 201.15
114.29and 201.155, to determine whether the applicant is eligible to vote. If an applicant is
114.30less than 18 years of age, the secretary of state shall wait until the applicant has turned
114.3118 years of age to determine whether the applicant is eligible to vote. For each applicant
114.32the secretary of state determines is an eligible voter, the secretary of state shall transmit
114.33the registration daily by electronic means to the county auditor of the county where the
114.34voter resides.
114.35 Subd. 4. Notice. Upon receipt of the registration, the county auditor shall mail to
114.36the voter the notice of registration required by section201.121, subdivision 2 .
115.1 Subd. 5. Effective date. An application for registration that is dated during the 20
115.2days before an election in any jurisdiction within which the voter resides is not effective
115.3until the day after the election.
115.4 Sec. 14. Minnesota Statutes 2006, section 201.171, is amended to read:
115.5201.171 POSTING VOTING HISTORY; FAILURE TO VOTE;
115.6REGISTRATION REMOVED.
115.7 Within six weeks after every election, the county auditor shall post the voting
115.8history for every person who voted in the election. After the close of the calendar year, the
115.9secretary of state shall determine if any registrants have not voted during the preceding
115.10four six years. The secretary of state shall perform list maintenance by changing the status
115.11of those registrants to "inactive" in the statewide registration system. The list maintenance
115.12performed must be conducted in a manner that ensures that the name of each registered
115.13voter appears in the official list of eligible voters in the statewide registration system.
115.14A voter must not be removed from the official list of eligible voters unless the voter is
115.15not eligible or is not registered to vote. List maintenance must include procedures for
115.16eliminating duplicate names from the official list of eligible voters.
115.17 The secretary of state shall also prepare a report to the county auditor containing the
115.18names of all registrants whose status was changed to "inactive."
115.19 Registrants whose status was changed to "inactive" must register in the manner
115.20specified in section201.054 before voting in any primary, special primary, general, school
115.21district, or special election, as required by section201.018 .
115.22 Although not counted in an election, a late or rejected absentee or mail ballot must
115.23be considered a vote for the purpose of continuing registration.
115.24 Sec. 15. Minnesota Statutes 2006, section 203B.02, subdivision 1, is amended to read:
115.25 Subdivision 1.Unable to go to polling place Eligibility for absentee voting. (a)
115.26Any eligible voterwho reasonably expects to be unable to go to the polling place on
115.27election day in the precinct where the individual maintains residence because of absence
115.28from the precinct; illness, including isolation or quarantine under sections
144.419
115.29to
144.4196 or United States Code, title 42, sections 264 to 272; disability; religious
115.30discipline; observance of a religious holiday; or service as an election judge in another
115.31precinct may vote by absentee ballot as provided in sections
203B.04 to
203B.15 .
115.32(b) If the governor has declared an emergency and filed the declaration with the
115.33secretary of state under section
12.31, and the declaration states that the emergency has
115.34made it difficult for voters to go to the polling place on election day, any voter in a
116.1precinct covered by the declaration may vote by absentee ballot as provided in sections
116.2203B.04 to
203B.15.
116.3EFFECTIVE DATE.This section is effective April 1, 2008.
116.4 Sec. 16. Minnesota Statutes 2006, section 203B.04, subdivision 1, is amended to read:
116.5 Subdivision 1. Application procedures. Except as otherwise allowed by
116.6subdivision 2, an application for absentee ballots for any election may be submitted at
116.7any time not less than one day before the day of that election. The county auditor shall
116.8prepare absentee ballot application forms in the format provided by the secretary of state,
116.9notwithstanding rules on absentee ballot forms, and shall furnish them to any person on
116.10request. By January 1 of each even-numbered year, the secretary of state shall make the
116.11forms to be used available to auditors through electronic means. An application submitted
116.12pursuant to this subdivision shall be in writing and shall be submitted to:
116.13(a) (1) the county auditor of the county where the applicant maintains residence; or
116.14(b) (2) the municipal clerk of the municipality, or school district if applicable, where
116.15the applicant maintains residence.
116.16 An application shall be approved if it is timely received, signed and dated by the
116.17applicant, contains the applicant's name and residence and mailing addresses, and states
116.18that the applicant is eligible to vote by absentee ballotfor one of the reasons specified in
116.19section
203B.02
116.20must not be made available for public inspection. An application may be submitted to
116.21the county auditor or municipal clerk by an electronic facsimile device. An application
116.22mailed or returned in person to the county auditor or municipal clerk on behalf of a voter
116.23by a person other than the voter must be deposited in the mail or returned in person to
116.24the county auditor or municipal clerk within ten days after it has been dated by the voter
116.25and no later than six days before the election. The absentee ballot applications or a list of
116.26persons applying for an absentee ballot may not be made available for public inspection
116.27until the close of voting on election day.
116.28 An application under this subdivision may contain an application under subdivision
116.295 to automatically receive an absentee ballot application.
116.30EFFECTIVE DATE.This section is effective April 1, 2008.
116.31 Sec. 17. Minnesota Statutes 2006, section 203B.04, subdivision 6, is amended to read:
116.32 Subd. 6. Ongoing absentee status; termination; rules. (a) An eligible voter
116.33may apply to a county auditor or municipal clerk for status as an ongoing absentee voter
117.1who reasonably expects to meet the requirements of section
203B.02, subdivision 1
117.2The voter may decline to receive an absentee ballot for one or more elections, provided
117.3the request is received by the county auditor or municipal clerk at least five days before
117.4the deadline in section 204B.35 for delivering ballots for the election to which it applies.
117.5Each applicant must automatically be provided with an absentee ballotapplication for
117.6each ensuing election, other than an election by mail conducted under section204B.45 ,
117.7or as otherwise requested by the voter, and must have the status of ongoing absentee voter
117.8indicated on the voter's registration record.
117.9 (b) Ongoing absentee voter status ends on:
117.10 (1) the voter's written request;
117.11 (2) the voter's death;
117.12 (3) return of an ongoing absentee ballot as undeliverable;
117.13 (4) a change in the voter's status so that the voter is not eligible to vote under section
117.14201.15
or
201.155 ; or
117.15 (5) placement of the voter's registration on inactive status under section201.171 .
117.16 (c) The secretary of state shall adopt rules governing procedures under this
117.17subdivision.
117.18EFFECTIVE DATE.This section is effective April 1, 2008.
117.19 Sec. 18. Minnesota Statutes 2006, section 203B.06, subdivision 3, is amended to read:
117.20 Subd. 3. Delivery of ballots. (a) If an application for absentee ballots is accepted
117.21at a time when absentee ballots are not yet available for distribution, the county auditor,
117.22or municipal clerk accepting the application shall file it and as soon as absentee ballots
117.23are available for distribution shall mail them to the address specified in the application.
117.24If an application for absentee ballots is accepted when absentee ballots are available for
117.25distribution, the county auditor or municipal clerk accepting the application shall promptly:
117.26 (1) mail the ballots to the voter whose signature appears on the application if the
117.27application is submitted by mail and does not request commercial shipping under clause
117.28(2);
117.29 (2) ship the ballots to the voter using a commercial shipper requested by the voter at
117.30the voter's expense;
117.31 (3) deliver the absentee ballots directly to the voter if the application is submitted in
117.32person; or
117.33 (4) deliver the absentee ballots in a sealed transmittal envelope to an agent who has
117.34been designated to bring the ballots, as provided in section 203B.11, subdivision 4, to a
117.35voter whois would have difficulty getting to the polls because of health reasons, or who is
118.1disabled, a patient in a health care facility,as provided in section
203B.11, subdivision
118.24
, a resident of a facility providing assisted living services governed by chapter 144G, a
118.3participant in a residential program for adults licensed under section245A.02, subdivision
118.414 , or a resident of a shelter for battered women as defined in section
611A.37, subdivision
118.54 .
118.6 (b) If an application does not indicate the election for which absentee ballots are
118.7sought, the county auditor or municipal clerk shall mail or deliver only the ballots for
118.8the next election occurring after receipt of the application. Only one set of ballots may
118.9be mailed, shipped, or delivered to an applicant for any election, except as provided in
118.10section203B.13, subdivision 2 , or when a replacement ballot has been requested by the
118.11voter for a ballot that has been spoiled or lost in transit.
118.12EFFECTIVE DATE.This section is effective August 1, 2007.
118.13 Sec. 19. Minnesota Statutes 2006, section 203B.07, subdivision 2, is amended to read:
118.14 Subd. 2. Design of envelopes. The return envelope shall be of sufficient size
118.15to conveniently enclose and contain the ballot envelope and a voter registrationcard
118.16application folded along its perforations. The return envelope shall be designed to open
118.17on the left-hand end.Notwithstanding any rule to the contrary, the return envelope must
118.18be designed in one of the following ways:
118.19(1) it must be of sufficient size to contain an additional envelope that when sealed,
118.20conceals the signature, identification, and other information; or
118.21(2) it must provide an additional flap that when sealed, conceals the signature,
118.22identification, and other information. Election officials may open the flap or the additional
118.23envelope at any time after receiving the returned ballot to inspect the returned certificate
118.24for completeness or to ascertain other information. A certificate of eligibility to vote by
118.25absentee ballot shall be printed on the back of the envelope. The certificate shall contain
118.26a statement to be signed and sworn by the voter indicating that the voter meets all of
118.27the requirements established by law for voting by absentee ballot. If the voter was not
118.28previously registered, the certificate shall also contain a statement signed by a person who
118.29is registered to vote in Minnesota or by a notary public or other individual authorized
118.30to administer oaths stating that:
118.31(a) (i) the ballots were displayed to that individual unmarked;
118.32(b) (ii) the voter marked the ballots in that individual's presence without showing
118.33how they were marked, or, if the voter was physically unable to mark them, that the voter
118.34directed another individual to mark them; and
119.1(c) if the voter was not previously registered, (iii) the voter has provided proof of
119.2residence as required by section201.061, subdivision 3 .
119.3 The county auditor or municipal clerk shall affix first class postage to the return
119.4envelopes.
119.5EFFECTIVE DATE.This section is effective April 1, 2008.
119.6 Sec. 20. Minnesota Statutes 2006, section 203B.081, is amended to read:
119.7203B.081 LOCATIONS FOR ABSENTEE VOTING IN PERSON.
119.8 An eligible voter may vote by absentee ballot during the 30 days before the election
119.9in the office of the county auditor and at any other polling place designated by the county
119.10auditor. The county auditor shall make such designations at least 90 days before the
119.11election. At least one voting booth and at least one electronic ballot marker in each polling
119.12place must be made available by the county auditor for this purpose.
119.13 Sec. 21. Minnesota Statutes 2006, section 203B.11, subdivision 4, is amended to read:
119.14 Subd. 4. Agent delivery of ballots. During thefour seven days preceding an
119.15election and until 2:00 p.m. on election day, an eligible voter whois would have difficulty
119.16getting to the polls because of health reasons, or who is disabled, a patient of a health care
119.17facility, a resident of a facility providing assisted living services governed by chapter
119.18144G, a participant in a residential program for adults licensed under section245A.02 ,
119.19subdivision 14, or a resident of a shelter for battered women as defined in section611A.37 ,
119.20subdivision 4, may designate an agent to deliver the ballots to the voter from the county
119.21auditor or municipal clerk. A candidate at the election may not be designated as an agent.
119.22The voted ballots must be returned to the county auditor or municipal clerk no later than
119.233:00 p.m. on election day. The voter must complete an affidavit requesting the auditor or
119.24clerk to provide the agent with the ballots in a sealed transmittal envelope. The affidavit
119.25must include a statement from the voter stating that the ballots were delivered to the voter
119.26by the agent in the sealed transmittal envelope. An agent may deliver ballots to no more
119.27than three persons in any election. The secretary of state shall provide samples of the
119.28affidavit and transmission envelope for use by the county auditors.
119.29EFFECTIVE DATE.This section is effective August 1, 2007.
119.30 Sec. 22. Minnesota Statutes 2006, section 203B.12, subdivision 4, is amended to read:
119.31 Subd. 4. Placement in container; opening and counting of ballots. The ballot
119.32envelopes from return envelopes marked "Accepted" shall be placed by the election
120.1judges in a separate absentee ballot container. The container and each ballot envelope may
120.2be opened only afterthe last regular mail delivery by the United States postal service
120.3noon on election day. The ballots shall then be initialed by the election judges in the
120.4same manner as ballots delivered by them to voters in person and shall be deposited in
120.5the appropriate ballot box.
120.6 If more than one ballot of any kind is enclosed in the ballot envelope, none of the
120.7ballots of that kind shall be counted but all ballots of that kind shall be returned in the
120.8manner provided by section204C.25 for return of spoiled ballots.
120.9 Sec. 23. Minnesota Statutes 2006, section 203B.13, subdivision 1, is amended to read:
120.10 Subdivision 1. Establishment. The governing body of any countythat has
120.11established a counting center as provided in section
206.85, subdivision 2
120.12municipality, or any school district may by ordinance or resolution, authorize an absentee
120.13ballot board. The board shall consist of a sufficient number of election judges appointed as
120.14provided in sections204B.19 to
204B.22 .
120.15 Sec. 24. Minnesota Statutes 2006, section 203B.13, subdivision 2, is amended to read:
120.16 Subd. 2. Duties. The absentee ballot board maydo any of the following:
120.17(a) receive from each precinct in the municipality or school district all ballot
120.18envelopes marked "Accepted" by the election judges; provided that the governing body of
120.19a municipality or the school board of a school district may authorize the board to examine
120.20all return absentee ballot envelopes andreceive accept or reject absentee ballots in the
120.21manner provided in section203B.12 ;.
120.22(b) open and count the absentee ballots, tabulating the vote in a manner that indicates
120.23each vote of the absentee voter and the total absentee vote cast for each candidate or
120.24question in each precinct; or
120.25(c) report the vote totals tabulated for each precinct.
120.26 The absentee ballot board may begin the process of examining the return envelopes
120.27and marking them "accepted" or "rejected" at any time during the 30 days before the
120.28election. If an envelope has been rejected at least five days before the election, the
120.29ballots in the envelope must be considered spoiled ballots and the official in charge of the
120.30absentee ballot board shall provide the voter with a replacement absentee ballot and return
120.31envelope in place of the spoiled ballot.The secretary of state shall provide samples of the
120.32replacement ballot and return envelope for use by the county auditor.
120.33 Sec. 25. Minnesota Statutes 2006, section 203B.16, subdivision 2, is amended to read:
121.1 Subd. 2. Permanent residence outside United States. Sections203B.16 to
121.2203B.27
provide the exclusive voting procedure for United States citizens who are
121.3living permanently outside the territorial limits of the United States who meet all the
121.4qualifications of an eligible voter except residence in Minnesota, but who are authorized
121.5by federal law to vote in Minnesota because they maintained residence in Minnesota for
121.6at least 20 days immediately prior to their departure from the United States or because,
121.7although they have never resided in the United States, they have a parent who is eligible to
121.8vote in Minnesota. Individuals described in this subdivision shall be permitted to vote
121.9only for the offices of president, vice-president, senator in Congress, and representative in
121.10Congress.
121.11EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.
121.12 Sec. 26. Minnesota Statutes 2006, section 203B.17, subdivision 2, is amended to read:
121.13 Subd. 2. Required information. An application shall be accepted if it contains the
121.14following information stated under oath:
121.15 (a) the voter's name, birthdate, and present address of residence in Minnesota, or
121.16former address of residence in Minnesota if the voter is living permanently outside the
121.17United States;
121.18 (b) a statement indicating that the voter is in the military, or is the spouse or
121.19dependent of an individual serving in the military, or is temporarily outside the territorial
121.20limits of the United States, or is living permanently outside the territorial limits of the
121.21United States and voting under federal law;
121.22 (c) a statement that the voter expects to be absent from the precinct at the time
121.23of the election;
121.24 (d) the address to which absentee ballots are to be mailed;
121.25 (e) the voter's signature or the signature and relationship of the individual authorized
121.26to apply on the voter's behalf; and
121.27 (f) the voter's military identification card number, passport number, or Minnesota
121.28driver's license or state identification card number,; if the voter does not have a valid
121.29passport or identification card, the signed statement of an individual authorized to
121.30administer oaths or a commissioned or noncommissioned officer of the military not
121.31below the rank of sergeant or its equivalent, certifying that the voter or other individual
121.32requesting absentee ballots has attested to the truthfulness of the contents of the application
121.33under oath.
121.34The oath taken must be the standard oath prescribed by section 101(b)(7) of the
121.35Uniformed and Overseas Citizens Absentee Voting Act.
122.1A form for providing this information shall be prepared by each county auditor and
122.2shall be furnished to individuals who request it pursuant to this section. access to any of
122.3these documents, the voter may attest to the truthfulness of the contents of the application
122.4under penalty of perjury.
122.5EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.
122.6 Sec. 27. Minnesota Statutes 2006, section 203B.21, subdivision 2, is amended to read:
122.7 Subd. 2. Mailing of ballots; return. Ballots and instructions for marking them,
122.8ballot envelopes, and return envelopes shall be sent by first class mail to addresses within
122.9the continental United States and by air mail to addresses outside the continental United
122.10States, unless the voter requests to have the ballot, instructions, and certificate of voter
122.11eligibility sent electronically, as provided for by section 203B.225. The ballot envelope
122.12and return envelope shall be marked "Official Ballot," and shall contain sufficient postage
122.13to assure proper return delivery. The return envelope shall be addressed to comply with any
122.14method for return of absentee ballots as authorized under section203B.08, subdivision 2 .
122.15EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.
122.16 Sec. 28. Minnesota Statutes 2006, section 203B.21, subdivision 3, is amended to read:
122.17 Subd. 3. Back of return envelope. On the back of the return envelope an affidavit
122.18form shall appear with space for:
122.19 (a) the voter's address of present or former residence in Minnesota;
122.20 (b) a statement indicating the category described in section203B.16 to which the
122.21voter belongs;
122.22 (c) a statement that the voter has not cast and will not cast another absentee ballot
122.23in the same election or elections;
122.24 (d) a statement that the voter personally marked the ballots without showing them to
122.25anyone, or if physically unable to mark them, that the voter directed another individual
122.26to mark them; and
122.27 (e) the same voter's military identification card number, passport number, or
122.28Minnesota driver's license or state identification card number as provided on the absentee
122.29ballot application,; if the voter does not have a valid passport or identification card,
122.30the signature and certification of an individual authorized to administer oaths under
122.31federal law or the law of the place where the oath was administered or commissioned or
122.32noncommissioned personnel of the military not below the rank of sergeant or its equivalent
123.1access to any of these documents, the voter may attest to the truthfulness of the contents of
123.2the application under penalty of perjury.
123.3 The affidavit shall also contain a signed and dated oath in the form required by
123.4section 705 of the Help America Vote Act, Public Law 107-252, which must read:
123.5 "I swear or affirm, under penalty of perjury, that:
123.6 I am a member of the uniformed services or merchant marine on active duty or
123.7an eligible spouse or dependent of such a member; a United States citizen temporarily
123.8residing outside the United States; or other United States citizen residing outside the
123.9United States; and I am a United States citizen, at least 18 years of age (or will be by the
123.10date of the election), and I am eligible to vote in the requested jurisdiction; I have not
123.11been convicted of a felony, or other disqualifying offense, or been adjudicated mentally
123.12incompetent, or, if so, my voting rights have been reinstated; and I am not registering,
123.13requesting a ballot, or voting in any other jurisdiction in the United States except the
123.14jurisdiction cited in this voting form. In voting, I have marked and sealed my ballot in
123.15private and have not allowed any person to observe the marking of the ballot, except for
123.16those authorized to assist voters under state or federal law. I have not been influenced.
123.17 My signature and date below indicate when I completed this document.
123.18 The information on this form is true, accurate, and complete to the best of my
123.19knowledge. I understand that a material misstatement of fact in completion of this
123.20document may constitute grounds for a conviction for perjury."
123.21EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.
123.22 Sec. 29. Minnesota Statutes 2006, section 203B.22, is amended to read:
123.23203B.22 MAILING BALLOTS.
123.24 The county auditor shall mail the appropriate ballots, as promptly as possible, to an
123.25absent voter whose application has been recorded under section203B.19 . If the county
123.26auditor determines that a voter is not eligible to vote at the primary but will be eligible to
123.27vote at the general election, only general election ballots shall be mailed. Only one set of
123.28ballots shall be mailed to any applicant for any election, except that the county auditor
123.29may mail a replacement ballot to a voter whose ballot has been spoiled or lost in transit
123.30or whose mailing address has changed after the date on which the original application
123.31was submitted as confirmed by the county auditor. Ballots to be sent outside the United
123.32States shall be given priority in mailing. A county auditor may make use of any special
123.33service provided by the United States government for the mailing of voting materials
123.34under sections203B.16 to
203B.27 .
124.1EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.
124.2 Sec. 30. [203B.225] TRANSMITTING AND RETURNING BALLOTS.
124.3 Subdivision 1. Transmitting ballot and voter certification. Upon receipt of a
124.4properly completed application, the county auditor may electronically transmit to the voter
124.5the appropriate ballots, instructions, and affidavit form and certification of voter eligibility
124.6provided in section 203B.21, subdivision 3.
124.7 Subd. 2. Returning voted ballots. The voter must return the voted ballots and the
124.8certificate of voter eligibility to the county auditor in a sealed envelope. Upon receipt
124.9of a ballot, the county auditor must immediately compare the information provided on
124.10the absentee ballot application with the information provided on the certificate of voter
124.11eligibility. After the information on the certificate of voter eligibility has been verified,
124.12the certificate must be attached to the ballot secrecy envelope and placed with the other
124.13absentee ballots for the precinct in which the voter resides.
124.14 Subd. 3. Rejecting transmitted ballots. If the county auditor cannot verify that the
124.15ballots were returned by the same person to whom the absentee ballot application was
124.16transmitted, the ballots must be rejected and no votes on the ballots may be counted.
124.17EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.
124.18 Sec. 31. [203B.227] WRITE-IN ABSENTEE BALLOT.
124.19 An eligible voter who will be outside the territorial limits of the United States during
124.20the 180 days prior to the state general election may use the federal write-in absentee ballot
124.21to vote in any federal, state, or local election.
124.22EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.
124.23 Sec. 32. Minnesota Statutes 2006, section 203B.24, subdivision 1, is amended to read:
124.24 Subdivision 1. Check of voter eligibility; proper execution of affidavit. Upon
124.25receipt of an absentee ballot returned as provided in sections203B.16 to
203B.27 , the
124.26election judges shall compare the voter's name with the names appearing on their copy of
124.27the application records to insure that the ballot is from a voter eligible to cast an absentee
124.28ballot under sections203B.16 to
203B.27 . The election judges shall mark the return
124.29envelope "Accepted" and initial or sign the return envelope below the word "Accepted" if
124.30the election judges are satisfied that:
124.31 (1) the voter's name on the return envelope appears in substantially the same form as
124.32on the application records provided to the election judges by the county auditor;
125.1 (2) the voter has signed the federal oath prescribed pursuant to section 705(b)(2) of
125.2the Help America Vote Act, Public Law 107-252;
125.3 (3) the voter has set forth the same voter's military identification numberor, passport
125.4number, or, if those numbers do not appear, a person authorized to administer oaths under
125.5federal law or the law of the place where the oath was administered or a witness who is
125.6military personnel with a rank at or above the rank of sergeant or its equivalent has signed
125.7the ballot Minnesota driver's license or state identification card number as submitted on
125.8the application, if the voter has one of these documents; and
125.9 (4) the voter has not already voted at that election, either in person or by absentee
125.10ballot.
125.11 An absentee ballot case pursuant to sections203B.16 to
203B.27 may only be
125.12rejected for the lack of one of clauses (1) to (4). In particular, failure to place the ballot
125.13within the security envelope before placing it in the outer white envelope is not a reason to
125.14reject an absentee ballot.
125.15 Election judges must note the reason for rejection on the back of the envelope in the
125.16space provided for that purpose.
125.17 Failure to return unused ballots shall not invalidate a marked ballot, but a ballot
125.18shall not be counted if the affidavit on the return envelope is not properly executed. In
125.19all other respects the provisions of the Minnesota Election Law governing deposit and
125.20counting of ballots shall apply.
125.21EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.
125.22 Sec. 33. [203B.28] EMERGENCY POWERS.
125.23 (a) If the governor has declared an emergency and filed the declaration with the
125.24secretary of state under section 12.31, or if a natural disaster or armed conflict involving
125.25the United States Armed Forces, or mobilization of those forces, including National Guard
125.26and reserve components of this state, makes substantial compliance with the Uniformed
125.27and Overseas Citizens Absentee Voting Act impossible or unreasonable, the secretary of
125.28state may prescribe, by emergency orders, special procedures or requirements necessary to
125.29facilitate absentee voting by those citizens directly affected who otherwise are eligible
125.30to vote in this state.
125.31 (b) The secretary of state shall adopt rules describing the emergency powers and the
125.32situations in which the powers must be exercised.
125.33EFFECTIVE DATE.Paragraph (a) is effective for elections held after April 1,
125.342008. Paragraph (b) is effective the day following final enactment.
126.1 Sec. 34. Minnesota Statutes 2006, section 204B.06, subdivision 1, is amended to read:
126.2 Subdivision 1. Form of affidavit. An affidavit of candidacy shall state the name of
126.3the office sought and, except as provided in subdivision 4, shall state that the candidate:
126.4 (1) is an eligible voter;
126.5 (2) has no other affidavit on file as a candidate for any office at the same primary
126.6or next ensuing general election, except that a candidate for soil and water conservation
126.7district supervisor in a district not located in whole or in part in Anoka, Hennepin,
126.8Ramsey, or Washington County, may also have on file an affidavit of candidacy for
126.9mayor or council member of a statutory or home rule charter city of not more than 2,500
126.10population contained in whole or in part in the soil and water conservation district or for
126.11town supervisor in a town of not more than 2,500 population contained in whole or in part
126.12in the soil and water conservation district; and
126.13 (3) is, or will be on assuming the office, 21 years of age or more, and will have
126.14maintained residence in the district from which the candidate seeks election for 30 days
126.15before the general election.
126.16 An affidavit of candidacy must include a statement that the candidate's name as
126.17written on the affidavit for ballot designation is the candidate's true name or the name by
126.18which the candidate is commonly and generally known in the community.
126.19 An affidavit of candidacy for partisan office shall also state the name of the
126.20candidate's political party or political principle, stated in three words or less. Except as
126.21provided in section 204B.09, subdivision 1a, the affidavit of candidacy must include an
126.22original signature of the candidate.
126.23 Sec. 35. Minnesota Statutes 2006, section 204B.09, subdivision 1, is amended to read:
126.24 Subdivision 1. Candidates in state and county general elections. (a) Except as
126.25otherwise provided by this subdivision, affidavits of candidacy and nominating petitions
126.26for county, state, and federal offices filled at the state general election shall be filed not
126.27more than 70 days nor less than 56 days before the state primary. The affidavit may
126.28be prepared and signed at any time between 60 days before the filing period opens and
126.29the last day of the filing period.
126.30 (b) Notwithstanding other law to the contrary, the affidavit of candidacy must be
126.31signed in the presence of a notarial officer or an individual authorized to administer oaths
126.32under section358.10 .
126.33 (c) This provision does not apply to candidates for presidential elector nominated
126.34by major political parties. Major party candidates for presidential elector are certified
126.35under section208.03 . Other candidates for presidential electors may file petitions on or
127.1before the state primary day pursuant to section204B.07, but no earlier than 70 days
127.2before the state primary . Nominating petitions to fill vacancies in nominations shall be
127.3filed as provided in section204B.13 . No affidavit or petition shall be accepted later than
127.45:00 p.m. on the last day for filing.
127.5 (d) Affidavits and petitions for county officesto be voted on in only one county shall
127.6must be filed with the county auditor of that county. Affidavits and petitions for federal
127.7officesto be voted on in more than one county shall must be filed with the secretary of
127.8state. Affidavits and petitions for state offices must be filed with the secretary of state or
127.9with the county auditor of the county in which the candidate resides.
127.10 Sec. 36. Minnesota Statutes 2006, section 204B.09, subdivision 1a, is amended to read:
127.11 Subd. 1a. Absent candidates. (a) A candidate for special district, county, state,
127.12or federal office who will be absent from the state during the filing period may submit
127.13a properly executed affidavit of candidacy, the appropriate filing fee, and any necessary
127.14petitions in person to the filing officer. The candidate shall state in writing the reason for
127.15being unable to submit the affidavit during the filing period. The affidavit, filing fee,
127.16and petitions must be submitted to the filing officer during the seven days immediately
127.17preceding the candidate's absence from the state. Nominating petitions may be signed
127.18during the 14 days immediately preceding the date when the affidavit of candidacy is filed.
127.19 (b) In extraordinary circumstances beyond the candidate's control that prevent
127.20the candidate from filing an affidavit of candidacy authenticated by the candidate's
127.21handwritten or other signature meeting the requirements of section 645.44, subdivision 14,
127.22the affidavit of candidacy may be filed electronically with the secretary of state along with
127.23a written statement of the extraordinary circumstances. The affidavit and statement may be
127.24authenticated either by the electronic facsimile signature of the candidate, by an electronic
127.25signature consisting of a password assigned by the secretary of state, or by another form of
127.26electronic signature approved by the secretary of state. The secretary of state may adopt
127.27rules governing the electronic filing of an affidavit of candidacy under this paragraph.
127.28 Sec. 37. Minnesota Statutes 2006, section 204B.09, subdivision 3, is amended to read:
127.29 Subd. 3. Write-in candidates. (a) A candidate for county, state, or federal office
127.30who wants write-in votes for the candidate to be counted must file a written request with
127.31the filing office for the office sought no later than thefifth seventh day before the general
127.32election. The filing officer shall provide copies of the form to make the request.
127.33 (b) A candidate for president of the United States who files a request under this
127.34subdivision must include the name of a candidate for vice-president of the United States.
128.1The request must also include the name of at least one candidate for presidential elector.
128.2The total number of names of candidates for presidential elector on the request may not
128.3exceed the total number of electoral votes to be cast by Minnesota in the presidential
128.4election.
128.5 (c) A candidate for governor who files a request under this subdivision must include
128.6the name of a candidate for lieutenant governor.
128.7 Sec. 38. Minnesota Statutes 2006, section 204B.11, subdivision 2, is amended to read:
128.8 Subd. 2. Petition in place of filing fee. At the time of filing an affidavit of
128.9candidacy, a candidate may present a petition in place of the filing fee. The petition may be
128.10circulated from the date of precinct caucuses to the end of the period for filing affidavits of
128.11candidacy. The petition may be signed by any individual eligible to vote for the candidate.
128.12A nominating petition filed pursuant to section204B.07 or
204B.13, subdivision 4 , is
128.13effective as a petition in place of a filing fee if the nominating petition includes a prominent
128.14statement informing the signers of the petition that it will be used for that purpose.
128.15 The number of signatures on a petition in place of a filing fee shall be as follows:
128.16 (a) for a state office voted on statewide, or for president of the United States, or
128.17United States senator, 2,000;
128.18 (b) for a congressional office, 1,000;
128.19 (c) for a county or legislative office, or for the office of district judge, 500; and
128.20 (d) for any other office which requires a filing fee as prescribed by law, municipal
128.21charter, or ordinance, the lesser of 500 signatures or five percent of the total number of
128.22votes cast in the municipality, ward, or other election district at the preceding general
128.23election at which that office was on the ballot.
128.24 An official with whom petitions are filed shall make sample forms for petitions in
128.25place of filing fees available upon request.
128.26 Sec. 39. Minnesota Statutes 2006, section 204B.16, subdivision 1, is amended to read:
128.27 Subdivision 1. Authority; location. The governing body of each municipality and
128.28of each county with precincts in unorganized territory shall designate by ordinance or
128.29resolution a polling place for each election precinct. Polling places must be designated
128.30and ballots must be distributed so that no one is required to go to more than one polling
128.31place to vote in a school district and municipal election held on the same day. The polling
128.32place for a precinct in a city or in a school district located in whole or in part in the
128.33metropolitan area defined by section200.02, subdivision 24 , shall be located within the
128.34boundaries of the precinct or within3,000 feet one mile of one of those boundaries unless
129.1a single polling place is designated for a city pursuant to section204B.14, subdivision
129.22 , or a school district pursuant to section
205A.11 . The polling place for a precinct in
129.3unorganized territory may be located outside the precinct at a place which is convenient to
129.4the voters of the precinct. If no suitable place is available within a town or within a school
129.5district located outside the metropolitan area defined by section200.02, subdivision 24 ,
129.6then the polling place for a town or school district may be located outside the town or
129.7school district within five miles of one of the boundaries of the town or school district.
129.8 Sec. 40. Minnesota Statutes 2006, section 204B.21, subdivision 2, is amended to read:
129.9 Subd. 2. Appointing authority; powers and duties. Election judges for precincts
129.10in a municipality shall be appointed by the governing body of the municipality. Election
129.11judges for precincts in unorganized territory and for performing election-related duties
129.12assigned by the county auditor shall be appointed by the county board. Election judges for
129.13a precinct composed of two or more municipalities must be appointed by the governing
129.14body of the municipality or municipalities responsible for appointing election judges as
129.15provided in the agreement to combine for election purposes. Appointmentsshall may be
129.16made from lists furnished pursuant to subdivision 1 subject to the eligibility requirements
129.17and other qualifications established or authorized under section204B.19 . At least two
129.18election judges in each precinct must be affiliated with different major political parties. If
129.19no lists have been furnished or if additional election judges are requiredafter all listed
129.20names have been exhausted, the appointing authority may appoint any other individual to
129.21serve as an election judge subject to the same requirements and qualifications individuals
129.22who meet the qualifications to serve as an election judge, including persons who are not
129.23affiliated with a major political party. The appointments shall be made at least 25 days
129.24before the election at which the election judges will serve.
129.25 Sec. 41. Minnesota Statutes 2006, section 204B.21, is amended by adding a
129.26subdivision to read:
129.27 Subd. 2a. Town elections. The provisions of this section and sections 204B.19,
129.28subdivision 5; 204C.15; 204C.19; 206.83; and 206.86, subdivision 2, relating to party
129.29balance in the appointment of judges and to duties to be performed by judges of different
129.30major political parties do not apply to town elections not held in conjunction with a
129.31statewide election.
129.32 Sec. 42. [204B.445] VOTER COMPLAINT AND RESOLUTION PROCESS.
130.1 Subdivision 1. Scope. An eligible voter may file a complaint to seek the resolution
130.2of any of the following conditions that have occurred or are about to occur:
130.3 (1) voter records in the statewide registration system are not maintained by the
130.4secretary of state or a county auditor in the manner provided in chapter 201;
130.5 (2) voters are unable to register to vote in the manner provided by section 201.061;
130.6 (3) a voting system, including an electronic ballot marker, meeting the requirements
130.7of section 206.80 is not available for use by voters either casting an absentee ballot in
130.8person at the locations designated by the county auditor or local election official, or for
130.9voting at any polling place on election day; or
130.10 (4) the secretary of state, county auditor, or local election official has failed, is
130.11failing, or is about to fail to carry out a duty required by Title III of the Help America
130.12Vote Act of 2002.
130.13 A complaint against a municipal or school district clerk must be filed with the county
130.14auditor of the county in which the action has occurred or is about to occur. A complaint
130.15against a county auditor must be filed with the secretary of state. A complaint against the
130.16secretary of state must be filed with the Office of Administrative Hearings. The secretary
130.17of state shall provide a standard form for a complaint under this section. The form must
130.18provide space for the complainant to specify the legal basis for the complaint. The
130.19proceedings authorized by this section are not subject to the requirements of chapter 14.
130.20 Subd. 2. Notice of complaint. The official with whom the complaint is filed must,
130.21within seven days after the complaint was filed, provide written notice of the complaint,
130.22including a copy of the complaint, to the official against whom the complaint has been
130.23made.
130.24 Subd. 3. Response. Within 14 days after the notice of complaint is received, the
130.25official complained against must respond in writing to the complainant and state the
130.26manner in which the respondent proposes to resolve the complaint.
130.27 Subd. 4. Hearing. If the complainant believes the response does not resolve the
130.28complaint, the complainant may file, with the official with whom the complaint was filed,
130.29a request for a hearing. The request must state the objection to the response and propose
130.30to resolve the complaint in a way that is consistent with the Minnesota Election Law. If
130.31the complainant makes a request for hearing, a hearing must take place. The official with
130.32whom the complaint was filed must rule on the complaint within 14 days after the hearing.
130.33 Subd. 5. Timeline. A ruling on a complaint must be made no more than 90 days
130.34after the complaint is filed. If the official with whom the complaint was filed fails to
130.35make that ruling within 90 days after the complaint was filed, that official must provide
131.1alternative dispute resolution for the disposition of the complaint. The alternative dispute
131.2resolution process must be completed within 60 days of its commencement.
131.3 Subd. 6. Appeal. No later than 30 days after the ruling, the complainant may appeal
131.4the ruling. If the complaint was filed against a municipal clerk, school district clerk, or
131.5county auditor, the appeal must be filed with the secretary of state. If the complaint was
131.6filed against the secretary of state, the appeal must be filed with the Ramsey County
131.7District Court. The appeal must be heard within 14 days. Upon hearing the appeal, the
131.8secretary of state or district court may affirm, reverse, or modify the ruling and give
131.9appropriate instructions, as needed, to the secretary of state, county auditor, or local
131.10election official to resolve the complaint.
131.11 Subd. 7. Remedies; notice. If the official rules that there has been a violation of
131.12Title III of the Help America Vote Act of 2002, the official must provide an appropriate
131.13remedy. If the official rules that there has not been a violation, the complaint must be
131.14dismissed and the results of the process published by the official.
131.15EFFECTIVE DATE.This section is effective January 1, 2008.
131.16 Sec. 43. Minnesota Statutes 2006, section 204B.45, subdivision 2, is amended to read:
131.17 Subd. 2. Procedure. Notice of the election and the special mail procedure must be
131.18given at least six weeks prior to the election.No earlier Not more than 20 30 days or nor
131.19later than 14 days prior to the election, the auditor shall mail ballots by nonforwardable
131.20mail to all voters registered in the town or unorganized territory. No later than 14 days
131.21before the election, the auditor must make a subsequent mailing of ballots to those voters
131.22who register to vote after the initial mailing but before the 20th day before the election.
131.23Eligible voters not registered at the time the ballots are mailed may apply for ballots as
131.24provided in chapter 203B. Ballot return envelopes, with return postage provided, must be
131.25preaddressed to the auditor or clerk and the voter may return the ballot by mail or in person
131.26to the office of the auditor or clerk. The auditor or clerk may appoint election judges to
131.27examine the return envelopes and mark them "accepted" or "rejected" during the 30 days
131.28before the election. If an envelope has been rejected at least five days before the election,
131.29the ballots in the envelope must be considered spoiled ballots and the auditor or clerk shall
131.30provide the voter with a replacement ballot and return envelope in place of the spoiled
131.31ballot. The costs of the mailing shall be paid by the election jurisdiction in which the voter
131.32resides. Any ballot received by 8:00 p.m. on the day of the election must be counted.
131.33 Sec. 44. Minnesota Statutes 2006, section 204C.06, subdivision 1, is amended to read:
132.1 Subdivision 1. Lingering near polling place. An individual shall be allowed to go
132.2to and from the polling place for the purpose of voting without unlawful interference. No
132.3one except an election official or an individual who is waiting to register or to vote shall
132.4stand within 100 feet of theentrance to a polling place. The entrance to a polling place
132.5is the doorway or point of entry leading into the room or area where voting is occurring
132.6building in which a polling place is located.
132.7 Sec. 45. Minnesota Statutes 2006, section 204C.07, subdivision 3a, is amended to read:
132.8 Subd. 3a. Residence requirement. A challenger must be a resident of this state.
132.9Appointed challengers seeking admission to a polling place to serve in that capacity must
132.10prove their status as a resident of this state by presenting one of the documents listed in
132.11section 201.061, subdivision 3, paragraph (b), clauses (1) to (4). Challengers need not
132.12prove residence in the precinct in which they seek to act as a challenger.
132.13EFFECTIVE DATE.This section is effective September 1, 2007.
132.14 Sec. 46. Minnesota Statutes 2006, section 204C.07, is amended by adding a
132.15subdivision to read:
132.16 Subd. 3b. Oath to obey the law. A challenger must state under oath that the
132.17challenger understands and will abide by the laws and rules governing challengers as
132.18described in this section and in section 204C.12 and governing challenges to voters as
132.19described in section 204C.12.
132.20EFFECTIVE DATE.This section is effective September 1, 2007.
132.21 Sec. 47. Minnesota Statutes 2006, section 205.10, is amended by adding a subdivision
132.22to read:
132.23 Subd. 6. Cancellation. A special election ordered by the governing body of the
132.24municipality on its own motion under subdivision 1 may be canceled by motion of the
132.25governing body, but not less than 46 days before the election.
132.26 Sec. 48. Minnesota Statutes 2006, section 205.13, is amended by adding a subdivision
132.27to read:
132.28 Subd. 7. Write-in candidates. A candidate for a city office who wants write-in
132.29votes for the candidate to be counted must file a written request with the filing officer for
132.30the office sought no later than the seventh day before the general election. The filing
132.31officer must provide copies of the form to make the request.
133.1 Sec. 49. Minnesota Statutes 2006, section 205.16, subdivision 3, is amended to read:
133.2 Subd. 3. Sample ballot, posting. For every municipal election, the municipal clerk
133.3shall at leastfour days two weeks before the election post prepare a sample ballot for each
133.4precinct in the municipality, make them available for public inspection in the clerk's office
133.5for public inspection, and post a sample ballot in each polling place on election day.
133.6 Sec. 50. Minnesota Statutes 2006, section 205.16, subdivision 4, is amended to read:
133.7 Subd. 4. Notice to auditor. At least 53 days prior to every municipal election, the
133.8municipal clerk shall provide a written notice to the county auditor, including the date of
133.9the election, the offices to be voted on at the election, and the title and language for each
133.10ballot question to be voted on at the election. Not less than 46 days before the election, the
133.11municipal clerk must provide written notice to the county auditor of any special election
133.12canceled under section 205.10, subdivision 6.
133.13 Sec. 51. Minnesota Statutes 2006, section 205A.05, is amended by adding a
133.14subdivision to read:
133.15 Subd. 3. Cancellation. A special election ordered by the school board on its own
133.16motion under subdivision 1 may be canceled by motion of the school board, but not less
133.17than 46 days before the election.
133.18 Sec. 52. Minnesota Statutes 2006, section 205A.07, subdivision 3, is amended to read:
133.19 Subd. 3. Notice to auditor. At least 53 days prior to every school district election,
133.20the school district clerk shall provide a written notice to the county auditor of each county
133.21in which the school district is located. The notice must include the date of the election, the
133.22offices to be voted on at the election, and the title and language for each ballot question to
133.23be voted on at the election. For the purposes of meeting the timelines of this section, in
133.24a bond election, a notice, including a proposed question, may be provided to the county
133.25auditor prior to receipt of a review and comment from the commissioner of education and
133.26prior to actual initiation of the election. Not less than 46 days before the election, the
133.27school district clerk must provide written notice to the county auditor of any special
133.28election canceled under section 205A.05, subdivision 3.
133.29 Sec. 53. Minnesota Statutes 2006, section 205A.07, subdivision 3a, is amended to read:
133.30 Subd. 3a. Notice to commissioner of education. At least 49 days prior to every
133.31school district election, under section123B.62 ,
123B.63 ,
126C.17 ,
126C.69 , or
475.58 ,
133.32the school district clerk shall provide a written notice to the commissioner of education.
134.1The notice must include the date of the election and the title and language for each ballot
134.2question to be voted on at the election. Not less than 46 days before the election, the
134.3school district clerk must provide a written notice to the commissioner of education of
134.4any special election canceled under section 205A.05, subdivision 3. The certified vote
134.5totals for each ballot question shall be provided in a written notice to the commissioner
134.6in a timely manner.
134.7 Sec. 54. Minnesota Statutes 2006, section 205A.10, subdivision 2, is amended to read:
134.8 Subd. 2. Election, conduct. A school district election must be by secret ballot and
134.9must be held and the returns made in the manner provided for the state general election, as
134.10far as practicable. The vote totals from an absentee ballot board established pursuant to
134.11section203B.13 may be tabulated and reported by the school district as a whole rather
134.12than by precinct. For school district elections not held in conjunction with a statewide
134.13election, the school board shall appoint election judges as provided in section204B.21,
134.14subdivision 2 . The provisions of sections
204B.19, subdivision 5 ;
204B.21, subdivision 2;
134.15204C.15 ;
204C.19 ; 206.64, subdivision 2;
206.83 ; and
206.86, subdivision 2 , relating to
134.16party balance in appointment of judges and to duties to be performed by judges of different
134.17major political parties do not apply to school district elections not held in conjunction
134.18with a statewide election.
134.19 Sec. 55. Minnesota Statutes 2006, section 206.57, subdivision 5, is amended to read:
134.20 Subd. 5. Voting system for disabled voters. In federal and state elections held after
134.21December 31, 2005,and in county, municipal city, and school district elections held after
134.22December 31, 2007, and in township elections held after December 31, 2009, the voting
134.23method used in each polling place must include a voting system that is accessible for
134.24individuals with disabilities, including nonvisual accessibility for the blind and visually
134.25impaired in a manner that provides the same opportunity for access and participation,
134.26including privacy and independence, as for other voters.
134.27 Sec. 56. Minnesota Statutes 2006, section 206.89, subdivision 1, is amended to read:
134.28 Subdivision 1. Definition. For purposes of this section "postelection review official"
134.29means theelection administration official who is responsible for the conduct of elections
134.30in a precinct selected for review under this section. county auditor, unless the county
134.31auditor designates the municipal clerk as the "postelection review official" within 24 hours
134.32after the canvass of the state general election.
135.1 Sec. 57. Minnesota Statutes 2006, section 206.89, subdivision 5, is amended to read:
135.2 Subd. 5. Additional review. (a) If the postelection review in one of the reviewed
135.3precincts reveals a difference greater than one-half of one percent, or greater than two
135.4votes in a precinct where 400 or fewer voters cast ballots, the postelection review official
135.5must, within two days, conduct an additional review of the races indicated in subdivision 3
135.6in at least three precincts in the same jurisdiction where the discrepancy was discovered. If
135.7all precincts in that jurisdiction have been reviewed, the county auditor must immediately
135.8publicly select by lot at least three additional precincts for review. The postelection review
135.9official must complete the additional review within two days after the precincts are
135.10selected and report the results immediately to the county auditor. If the second review in
135.11any of the reviewed precincts also indicates a difference in the vote totals compiled by the
135.12voting system that is greater than one-half of one percent from the result indicated by the
135.13postelection review, or greater than two votes in a precinct where 400 or fewer voters cast
135.14ballots, the county auditor must conduct a review of the ballots from all the remaining
135.15precincts in the county for the races indicated in subdivision 3. This review must be
135.16completed no later than six weeks after the state general election.
135.17 (b) If the results from the countywide reviews from one or more counties comprising
135.18in the aggregate more than ten percent of the total number of persons voting in the election
135.19clearly indicate that an error in vote counting has occurred, the postelection review official
135.20must conduct a manual recount of all the ballots in the district for the affected office. The
135.21recount must be completed and the results reported to the appropriate canvassing board no
135.22later than ten weeks after the state general election.
135.23 Sec. 58. Minnesota Statutes 2006, section 211A.02, subdivision 2, is amended to read:
135.24 Subd. 2. Information required. The report to be filed by a candidate or committee
135.25must include:
135.26 (1) the name of the candidate or ballot question;
135.27 (2) the printed nameand, address, telephone number, signature, and e-mail address,
135.28if available, of the person responsible for filing the report;
135.29 (3) the total amount of receipts and expenditures for the period from the last previous
135.30report to five days before the current report is due;
135.31 (4) the amount, date, and purpose for each expenditure; and
135.32 (5) the name, address, and employer, or occupation if self-employed, of any
135.33individual or committee that during the year has made one or more contributions that
135.34in the aggregateare equal to or greater than exceed $100, and the amount and date of
135.35each contribution.
136.1The filing officer must restrict public access to the address of any individual who has
136.2made a contribution that exceeds $100 and who has filed with the filing officer a written
136.3statement signed by the individual that withholding the individual's address from the
136.4financial report is required for the safety of the individual or the individual's family.
136.5 Sec. 59. Minnesota Statutes 2006, section 211A.05, subdivision 1, is amended to read:
136.6 Subdivision 1. Penalty. A candidate who intentionally fails to file a report required
136.7by section211A.02 or a certification required by this section is guilty of a misdemeanor.
136.8The treasurer of a committee formed to promote or defeat a ballot question who
136.9intentionally fails to file a report required by section211A.02 or a certification required
136.10by this section is guilty of a misdemeanor. Each candidate or treasurer of a committee
136.11formed to promote or defeat a ballot question shall certify to the filing officer that all
136.12reports required by section211A.02 have been submitted to the filing officer or that the
136.13candidate or committee has not received contributions or made disbursements exceeding
136.14$750 in the calendar year. The certification shall be submitted to the filing officer no
136.15later than seven days after the general or special election. The secretary of state shall
136.16prepare blanks for this certification. An officer who issues a certificate of election to a
136.17candidate who has not certified that all reports required by section211A.02 have been
136.18filed is guilty of a misdemeanor.
136.19 Sec. 60. Minnesota Statutes 2006, section 325L.03, is amended to read:
136.20325L.03 SCOPE.
136.21 (a) Except as otherwise provided in paragraphs (b) and (e), this chapter applies to
136.22electronic records and electronic signatures relating to a transaction.
136.23 (b) This chapter does not apply to a transaction to the extent it is governed by:
136.24 (1) the Uniform Commercial Code other than section336.1-306 , article 2, and
136.25article 2A; and
136.26 (2) section145C.03, subdivision 1 , relating to requirements for creation of a health
136.27care directive; section507.24 , relating to requirements for recording any conveyance,
136.28power of attorney, or other instrument affecting real estate; section523.23, subdivision
136.293 , relating to requirements for creation of a statutory short form power of attorney; and
136.30section253B.03, subdivision 6b , relating to requirements for creation of a declaration of
136.31preferences or instructions regarding intrusive mental health treatment.
136.32 (c) This chapter applies to an electronic record or electronic signature otherwise
136.33excluded from the application of this chapter under paragraph (b) to the extent it is
136.34governed by a law other than those specified in paragraph (b).
137.1 (d) A transaction subject to this chapter is also subject to other applicable substantive
137.2law.
137.3 (e) This chapter does not apply to the creation and execution of wills, codicils, or
137.4trusts other than trusts relating to the conduct of business, commercial, or governmental
137.5purposes.
137.6 (f) Except as provided in section 204B.09, subdivision 1a, this chapter does not
137.7apply to affidavits of candidacy relating to the conduct of elections.
137.8 Sec. 61. Minnesota Statutes 2006, section 375.101, subdivision 1, is amended to read:
137.9 Subdivision 1. Option for filling vacancies; election in 30 to60 90 days. Except
137.10as provided in subdivision 3, a vacancy in the office of county commissionershall may be
137.11filled as provided in this subdivision and subdivision 2, or as provided in subdivision 4. If
137.12the vacancy is to be filled under this subdivision and subdivision 2, it must be filled at a
137.13special election not less than 30 nor more than60 90 days after the vacancy occurs. The
137.14special primary or special election may be held on the same day as a regular primary or
137.15regular election but the special election shall be held not less than 14 days after the special
137.16primary. The person elected at the special election shall take office immediately after
137.17receipt of the certificate of election and upon filing the bond and taking the oath of office
137.18and shall serve the remainder of the unexpired term. If the county has been reapportioned
137.19since the commencement of the term of the vacant office, the election shall be based
137.20on the district as reapportioned.
137.21EFFECTIVE DATE.This section is effective the day following final enactment.
137.22 Sec. 62. Minnesota Statutes 2006, section 375.101, is amended by adding a subdivision
137.23to read:
137.24 Subd. 4. Option for filling vacancies; appointment. Except as provided in
137.25subdivision 3, and as an alternative to the procedure provided in subdivisions 1 and 2, any
137.26other vacancy in the office of county commissioner may be filled by board appointment at
137.27a regular or special meeting. The appointment shall be evidenced by a resolution entered
137.28in the minutes and shall continue until an election is held under this subdivision. All
137.29elections to fill vacancies shall be for the unexpired term. If the vacancy occurs before the
137.30first day to file affidavits of candidacy for the next county general election and more than
137.31two years remain in the unexpired term, a special election shall be held in conjunction
137.32with the county general election. The appointed person shall serve until the qualification
137.33of the successor elected to fill the unexpired part of the term at that special election. If the
137.34vacancy occurs on or after the first day to file affidavits of candidacy for the county general
138.1election, or when less than two years remain in the unexpired term, there shall be no special
138.2election to fill the vacancy and the appointed person shall serve the remainder of the
138.3unexpired term and until a successor is elected and qualifies at the county general election.
138.4EFFECTIVE DATE.This section is effective the day following final enactment.
138.5 Sec. 63. Minnesota Statutes 2006, section 410.12, subdivision 1, is amended to read:
138.6 Subdivision 1. Proposals. The charter commission may propose amendments to
138.7such charter and shall do so upon the petition of voters equal in number to five percent of
138.8the total votes cast at the last previous state general election in the city. Proposed charter
138.9amendments must be submitted at least 12 weeks before the general election. Petitions
138.10may be signed no earlier than 26 weeks before the general election. Only registered
138.11voters are eligible to sign the petition. All petitions circulated with respect to a charter
138.12amendment shall be uniform in character and shall have attached thereto the text of the
138.13proposed amendment in full; except that in the case of a proposed amendment containing
138.14more than 1,000 words, a true and correct copy of the same may be filed with the city
138.15clerk, and the petition shall then contain a summary of not less than 50 nor more than 300
138.16words setting forth in substance the nature of the proposed amendment. Such summary
138.17shall contain a statement of the objects and purposes of the amendment proposed and an
138.18outline of any proposed new scheme or frame work of government and shall be sufficient
138.19to inform the signers of the petition as to what change in government is sought to be
138.20accomplished by the amendment. The summary, together with a copy of the proposed
138.21amendment, shall first be submitted to the charter commission for its approval as to form
138.22and substance. The commission shall within ten days after such submission to it, return
138.23the same to the proposers of the amendment with such modifications in statement as it
138.24may deem necessary in order that the summary may fairly comply with the requirements
138.25above set forth.
138.26 Sec. 64. Minnesota Statutes 2006, section 447.32, subdivision 4, is amended to read:
138.27 Subd. 4. Candidates; ballots; certifying election. A person who wants to be a
138.28candidate for the hospital board shall file an affidavit of candidacy for the election either
138.29as member at large or as a member representing the city or town where the candidate
138.30resides. The affidavit of candidacy must be filed with the city or town clerk not more than
138.3170 days nor less than 56 days before the first Tuesday after the first Monday in November
138.32of the year in which the general election is held. The city or town clerk must forward the
138.33affidavits of candidacy to the clerk of the hospital district or, for the first election, the clerk
138.34of the most populous city or town immediately after the last day of the filing period. A
139.1candidate may withdraw from the election by filing an affidavit of withdrawal with the
139.2clerk of the district no later than 5:00 p.m. two days after the last day to file affidavits
139.3of candidacy. A candidate for a hospital district office who wants write-in votes for the
139.4candidate to be counted must file a written request with the filing officer for the office
139.5sought no later than the seventh day before the general election. The filing officer must
139.6provide copies of the form to make the request.
139.7 Voting must be by secret ballot. The clerk shall prepare, at the expense of the
139.8district, necessary ballots for the election of officers. Ballots must be printed on tan paper
139.9and prepared as provided in the rules of the secretary of state. The ballots must be marked
139.10and initialed by at least two judges as official ballots and used exclusively at the election.
139.11Any proposition to be voted on may be printed on the ballot provided for the election
139.12of officers. The hospital board may also authorize the use of voting systems subject to
139.13chapter 206. Enough election judges may be appointed to receive the votes at each
139.14polling place. The election judges shall act as clerks of election, count the ballots cast,
139.15and submit them to the board for canvass.
139.16 After canvassing the election, the board shall issue a certificate of election to the
139.17candidate who received the largest number of votes cast for each office. The clerk shall
139.18deliver the certificate to the person entitled to it in person or by certified mail. Each person
139.19certified shall file an acceptance and oath of office in writing with the clerk within 30
139.20days after the date of delivery or mailing of the certificate. The board may fill any office
139.21as provided in subdivision 1 if the person elected fails to qualify within 30 days, but
139.22qualification is effective if made before the board acts to fill the vacancy.
139.23 Sec. 65. AUTOMATIC REGISTRATION.
139.24 An applicant for a Minnesota driver's license, instruction permit, or identification
139.25card must not be automatically registered to vote under Minnesota Statutes, section
139.26201.161, until the secretary of state has certified that the system for automatic registration
139.27of those applicants has been tested and shown to properly determine whether an applicant
139.28is eligible to vote.
139.29 Sec. 66. REPEALER.
139.30(a) Minnesota Statutes 2006, sections 201.061, subdivision 7; 201.096; 203B.02,
139.31subdivision 1a; and 203B.13, subdivision 3a, are repealed.
139.32(b) Minnesota Statutes 2006, section 203B.04, subdivision 5, is repealed effective
139.33April 1, 2008.
139.34(c) Minnesota Statutes 2006, section 200.04, is repealed effective January 1, 2008.
140.3 Section 1. Minnesota Statutes 2006, section 103C.305, subdivision 3, is amended to
140.4read:
140.5 Subd. 3. Ballots. Ballots shall be prepared by the county auditor. The names of
140.6candidates shall be placed on the "canary ballot" described in section204D.11, subdivision
140.73 . The office title printed on the ballot must be either "Soil and Water Conservation
140.8District Supervisor" or "Conservation District Supervisor," based upon the district from
140.9which the supervisor is to be elected.
140.10 Sec. 2. Minnesota Statutes 2006, section 201.054, subdivision 1, is amended to read:
140.11 Subdivision 1. Registration. An individual may register to vote:
140.12 (1) at any time before the 20th day preceding any election as provided in section
140.13201.061, subdivision 1
;
140.14 (2) on the day of an election as provided in section201.061, subdivision 3 ; or
140.15 (3) when submitting an absentee ballot, by enclosing a completed registrationcard
140.16application as provided in section203B.04, subdivision 4 .
140.17 Sec. 3. Minnesota Statutes 2006, section 201.061, subdivision 4, is amended to read:
140.18 Subd. 4. Registration by election judges; procedures. Registration at the polling
140.19place on election day shall be conducted by the election judges. The election judge who
140.20registers an individual at the polling place on election day shall not handle that voter's
140.21ballots at any time prior to the opening of the ballot box after the voting ends. Registration
140.22cards applications and forms for oaths shall be available at each polling place. If an
140.23individual who registers on election day proves residence by oath of a registered voter, the
140.24form containing the oath shall be attached to the individual's registrationcard application.
140.25Registrationcards applications completed on election day shall be forwarded to the
140.26county auditor who shall add the name of each voter to the registration system unless the
140.27information forwarded is substantially deficient. A county auditor who finds an election
140.28day registration substantially deficient shall give written notice to the individual whose
140.29registration is found deficient. An election day registration shall not be found deficient
140.30solely because the individual who provided proof of residence was ineligible to do so.
140.31 Sec. 4. Minnesota Statutes 2006, section 201.071, subdivision 3, is amended to read:
141.1 Subd. 3. Deficient registration. No voter registration application is deficient if it
141.2contains the voter's name, address, date of birth, current and valid Minnesota driver's
141.3license number or Minnesota state identification number, or if the voter has no current and
141.4valid Minnesota driver's license or Minnesota state identification number, the last four
141.5digits of the voter's Social Security number, if the voter has been issued a Social Security
141.6number, prior registration, if any, and signature. The absence of a zip code number does
141.7not cause the registration to be deficient. Failure to check a box on an application form
141.8that a voter has certified to be true does not cause the registration to be deficient. The
141.9election judges shall request an individual to correct a voter registration application if it is
141.10deficient or illegibleor if the name or number of the voter's school district is missing or
141.11obviously incorrect. No eligible voter may be prevented from voting unless the voter's
141.12registration application is deficient or the voter is duly and successfully challenged in
141.13accordance with section201.195 or
204C.12 .
141.14 A voter registration application accepted prior to August 1, 1983, is not deficient
141.15for lack of date of birth. The county or municipality may attempt to obtain the date of
141.16birth for a voter registration application accepted prior to August 1, 1983, by a request to
141.17the voter at any time except at the polling place. Failure by the voter to comply with this
141.18request does not make the registration deficient.
141.19 A voter registration application accepted before January 1, 2004, is not deficient for
141.20lack of a valid Minnesota driver's license or state identification number or the last four
141.21digits of a Social Security number. A voter registration application submitted by a voter
141.22who does not have a Minnesota driver's license or state identification number, or a Social
141.23Security number, is not deficient for lack of any of these numbers.
141.24 Sec. 5. Minnesota Statutes 2006, section 201.071, subdivision 4, is amended to read:
141.25 Subd. 4. Change of registration.Any A county auditor who receives a registration
141.26card application indicating that an individual was previously registered in a different
141.27county in Minnesota shallnotify the county auditor of that county update the voter's
141.28record electronically through the statewide registration system in the manner prescribed
141.29in the rules of by the secretary of state. A county auditor receiving a registration card
141.30indicating that a voter was previously registered in a different precinct in the same county
141.31or receiving a notification as provided in this subdivision shall remove that individual's
141.32voter registration card from the files. Any A county auditor who receives a registration
141.33card application or notification requiring a change of registration records under this
141.34subdivision as a result of an election day registration shall also check the statewide
142.1registration system to determine whether the individual voted in more than one precinct in
142.2the most recent election.
142.3 Sec. 6. Minnesota Statutes 2006, section 201.081, is amended to read:
142.4201.081 REGISTRATION FILES.
142.5 The statewide registration system is the official record of registered voters. The
142.6voter registrationcards applications and the terminal providing access to the statewide
142.7registration system must be under the control of the county auditor or the public official to
142.8whom the county auditor has delegated the responsibility for maintaining voter registration
142.9records. The voter registrationcards applications and terminals providing access to the
142.10statewide registration system must not be removed from the control of the county auditor
142.11except as provided in this subdivision. The county auditor may make photographic copies
142.12of voter registrationcards applications in the manner provided by section
138.17 .
142.13 A properly completed voter registrationcard application that has been submitted to
142.14the secretary of state or a county auditor must be maintained by the secretary of state or
142.15the county auditor for at least 22 months after the date that the information on thecard
142.16application is entered into the database of the statewide registration system. The secretary
142.17of state or the county auditor may dispose of thecards applications after retention for 22
142.18months in the manner provided by section138.17 .
142.19 Sec. 7. Minnesota Statutes 2006, section 201.091, subdivision 1, is amended to read:
142.20 Subdivision 1. Master list. Each county auditor shall prepare and maintain a
142.21current list of registered voters in each precinct in the county which is known as the
142.22master list. The master list must be created by entering each completed voter registration
142.23card application received by the county auditor into the statewide registration system. It
142.24must show the name, residence address, and date of birth of each voter registered in
142.25the precinct. The information contained in the master list may only be made available
142.26to public officials for purposes related to election administration, jury selection, and in
142.27response to a law enforcement inquiry concerning a violation of or failure to comply with
142.28any criminal statute or state or local tax statute.
142.29 Sec. 8. Minnesota Statutes 2006, section 201.091, subdivision 8, is amended to read:
142.30 Subd. 8. Registration places. Each county auditor shall designate a number of
142.31public buildings in those political subdivisions of the county where preregistration of
142.32voters is allowed as provided in section201.061, subdivision 1 , where eligible voters may
142.33register to vote. At least one public building must be designated for each 30,000 residents
143.1of the county. At least one telecommunications device for the deaf must be available for
143.2voter registration information in each county seat and in every city of the first, second,
143.3and third class.
143.4 An adequate supply of registrationcards applications and instructions must be
143.5maintained at each designated location, and a designated individual must be available
143.6there to accept registrationcards applications and transmit them to the county auditor.
143.7 A person who, because of disability, needs assistance in order to determine eligibility
143.8or to register must be assisted by a designated individual. Assistance includes but is not
143.9limited to reading the registration form and instructions and filling out the registration
143.10form as directed by the eligible voter.
143.11 Sec. 9. Minnesota Statutes 2006, section 201.27, subdivision 1, is amended to read:
143.12 Subdivision 1. Intentional violation. No officer, deputy, clerk, or other employee
143.13shall intentionally:
143.14 (1) fail to perform or enforce any of the provisions of this chapter except subdivision
143.152;
143.16 (2) remove a registrationcard application or record from its proper place in the
143.17registration files in a manner or for a purpose not authorized by law;
143.18 (3) destroy or make an unauthorized change to a record required to be kept by
143.19this chapter; or
143.20 (4) add a name or names to the voter registration files, records, or cards, except as
143.21authorized by law.
143.22 An individual who violates this subdivision is guilty of a felony.
143.23 Sec. 10. Minnesota Statutes 2006, section 203B.04, subdivision 1, is amended to read:
143.24 Subdivision 1. Application procedures. Except as otherwise allowed by
143.25subdivision 2 or by section 203B.11, subdivision 4, an application for absentee ballots
143.26for any election may be submitted at any time not less than one day before the day of
143.27that election. The county auditor shall prepare absentee ballot application forms in the
143.28format provided by the secretary of state, notwithstanding rules on absentee ballot forms,
143.29and shall furnish them to any person on request. By January 1 of each even-numbered
143.30year, the secretary of state shall make the forms to be used available to auditors through
143.31electronic means. An application submitted pursuant to this subdivision shall be in writing
143.32and shall be submitted to:
143.33 (a) the county auditor of the county where the applicant maintains residence; or
144.1 (b) the municipal clerk of the municipality, or school district if applicable, where
144.2the applicant maintains residence.
144.3 An application shall be approved if it is timely received, signed and dated by the
144.4applicant, contains the applicant's name and residence and mailing addresses, and states
144.5that the applicant is eligible to vote by absentee ballot for one of the reasons specified in
144.6section203B.02 . The application may contain a request for the voter's date of birth, which
144.7must not be made available for public inspection. An application may be submitted to
144.8the county auditor or municipal clerk by an electronic facsimile device. An application
144.9mailed or returned in person to the county auditor or municipal clerk on behalf of a voter
144.10by a person other than the voter must be deposited in the mail or returned in person to
144.11the county auditor or municipal clerk within ten days after it has been dated by the voter
144.12and no later than six days before the election. The absentee ballot applications or a list of
144.13persons applying for an absentee ballot may not be made available for public inspection
144.14until the close of voting on election day.
144.15 An application under this subdivision may contain an application under subdivision
144.165 to automatically receive an absentee ballot application.
144.17 Sec. 11. Minnesota Statutes 2006, section 203B.04, subdivision 4, is amended to read:
144.18 Subd. 4. Registration at time of application. An eligible voter who is not
144.19registered to vote but who is otherwise eligible to vote by absentee ballot may register by
144.20including a completed voter registrationcard application with the absentee ballot. The
144.21individual shall present proof of residence as required by section201.061, subdivision
144.223 , to the individual who witnesses the marking of the absentee ballots. A military voter,
144.23as defined in section203B.01 , may register in this manner if voting pursuant to sections
144.24203B.04
to
203B.15 , or may register pursuant to sections
203B.16 to
203B.27 .
144.25 Sec. 12. Minnesota Statutes 2006, section 203B.05, subdivision 2, is amended to read:
144.26 Subd. 2. City, school district, and town elections. For city, town, and school
144.27district elections not held on the same day as a statewide election,for school district
144.28elections not held on the same day as a statewide election, and for town elections
144.29conducted under the Australian ballot system, applications for absentee ballots shall be
144.30filed with the city, school district, or town clerk and the duties prescribed by this chapter for
144.31the county auditor shall be performed by the city, school district, or town clerk unless the
144.32county auditor agrees to perform those duties on behalf of the city, school district, or town
144.33clerk. The costs incurred to provide absentee ballots and perform the duties prescribed by
144.34this subdivision shall be paid by the city, town, or school district holding the election.
145.1 Notwithstanding any other law, this chapter applies to school district elections held
145.2on the same day as a statewide election or an election for a county or municipality wholly
145.3or partially within the school district.
145.4 Sec. 13. Minnesota Statutes 2006, section 203B.07, subdivision 1, is amended to read:
145.5 Subdivision 1. Delivery of envelopes, directions. The county auditor or the
145.6municipal clerk shall prepare, print, and transmit a return envelope, a ballot envelope, and
145.7a copy of the directions for casting an absentee ballot to each applicant whose application
145.8for absentee ballots is accepted pursuant to section203B.04 . The directions for casting
145.9an absentee ballot shall be printed in at least 14-point bold type with heavy leading and
145.10may be printed on the ballot envelope. When a person requests the directions in Braille
145.11or on cassette tape, the county auditor or municipal clerk shall provide them in the form
145.12requested. The secretary of state shall prepare Braille and cassette copies and make them
145.13available.
145.14 When a voter registrationcard application is sent to the applicant as provided in
145.15section203B.06, subdivision 4 , the directions or registration card application shall include
145.16instructions for registering to vote.
145.17 Sec. 14. Minnesota Statutes 2006, section 203B.08, subdivision 3, is amended to read:
145.18 Subd. 3. Procedures on receipt of ballots. When absentee ballots are returned to a
145.19county auditor or municipal clerk, that official shall stamp or initial and date the return
145.20envelopewith an official seal of the office and place it in a secure location with other
145.21return envelopes received by that office. The county auditor or municipal clerk shall
145.22deliver to the appropriate election judges on election day all ballots received before or
145.23with the last mail delivery by the United States Postal Service on election day. A town
145.24clerk may request the United States Postal Service to deliver absentee ballots to the polling
145.25place on election day instead of to the official address of the town clerk.
145.26 Sec. 15. Minnesota Statutes 2006, section 203B.10, is amended to read:
145.27203B.10 DELIVERY OF ABSENTEE BALLOT APPLICATIONS TO
145.28ELECTION JUDGES.
145.29 (a) On the day before an election:
145.30(a) (1) the county auditor shall deliver to the municipal clerks within that county
145.31the applications for absentee ballots theretofore received and endorsed as provided in
145.32section203B.06, subdivision 5 ; and
146.1(b) (2) the municipal clerks shall deliver the applications received from the county
146.2auditor and the applications for absentee ballots filed with their respective offices and
146.3endorsed as provided in section203B.06, subdivision 5 , to the appropriate election
146.4judges. Applications received on election day pursuant to section203B.04, subdivision
146.52 , shall be promptly delivered to the election judges in the precincts or to the judges of
146.6an absentee ballot board.
146.7 (b) Delivery of the applications to the municipal clerks and election judges in the
146.8precinct is not required if the absentee ballot envelopes have been accepted or rejected
146.9by an absentee ballot board pursuant to section 203B.13.
146.10 Sec. 16. Minnesota Statutes 2006, section 204B.06, subdivision 8, is amended to read:
146.11 Subd. 8. Proof of eligibility. A candidate for judicial office or for the office of
146.12county attorney shall submit with the affidavit of candidacy proof that the candidate is
146.13licensed to practice law in this state. Proof means providing a copy of a current attorney
146.14license.
146.15 A candidate for county sheriff shall submit with the affidavit of candidacy proof of
146.16licensure as a peace officer in this state. Proof means providing a copy of a current Peace
146.17Officer Standards and Training Board license.
146.18 Sec. 17. Minnesota Statutes 2006, section 204B.08, subdivision 3, is amended to read:
146.19 Subd. 3. Number of signatures. The number of signatures required on a
146.20nominating petition shall be as follows:
146.21 (a) for a federal or state office voted on statewideor for United States senator, one
146.22percent of the total number of individuals voting in the state at the last preceding state
146.23general election, or 2,000, whichever is less;
146.24 (b) for a congressional office, five percent of the total number of individuals voting
146.25in the district at the last preceding state general election, or 1,000, whichever is less;
146.26 (c) for a county or legislative office, ten percent of the total number of individuals
146.27voting in the county or legislative district at the last preceding state or county general
146.28election, or 500, whichever is less;
146.29 (d) for a municipal office in a city of the first class, the number specified in section
146.30205.121
; and
146.31 (e) for any other municipal or school district office, ten percent of the total number
146.32of individuals voting in the municipality, ward, school district, or other election district
146.33at the last preceding municipal, or school district if applicable, general election, or 500,
146.34whichever is less.
147.1 Sec. 18. Minnesota Statutes 2006, section 205A.10, subdivision 1, is amended to read:
147.2 Subdivision 1. Materials, ballots. The school district clerk shall prepare and have
147.3printed the necessary election materials, including ballots, for a school district election.
147.4Thename of each candidate for office shall be rotated with the names of the other
147.5candidates for the same office so that the name of each candidate appears substantially
147.6an equal number of times at the top, at the bottom, and at each intermediate place in the
147.7group of candidates for that office names must be arranged on school district ballots in the
147.8manner provided in section 204D.08, subdivision 3, for state elections.
147.9 Sec. 19. Minnesota Statutes 2006, section 205A.11, subdivision 2, is amended to read:
147.10 Subd. 2. Combined polling place. When no other election is being held in two or
147.11more precincts on the day of a school district election, the school board may designate
147.12one or more combined polling places at which the voters in those precincts may vote in
147.13the school district election. In school districts that have organized into separate board
147.14member election districts under section 205A.12, a combined polling place for a school
147.15general election must be arranged so that it does not include more than one board member
147.16election district.
147.17 Sec. 20. Minnesota Statutes 2006, section 206.82, subdivision 2, is amended to read:
147.18 Subd. 2. Plan.(a) Subject to paragraph (b), The municipal clerk in a municipality
147.19where an electronic voting system is used and the county auditor of a county in which an
147.20electronic voting system is used in more than one municipality and the county auditor of
147.21a county in which a counting center serving more than one municipality is located shall
147.22prepare a plan which indicates acquisition of sufficient facilities, computer time, and
147.23professional services and which describes the proposed manner of complying with section
147.24206.80
. The plan must be signed, notarized, and submitted to the secretary of state more
147.25than 60 days before the first election at which the municipality uses an electronic voting
147.26system. Prior to July 1 of each subsequent general election year, the clerk or auditor
147.27shall submit to the secretary of state notification of any changes to the plan on file with
147.28the secretary of state. The secretary of state shall review each plan for its sufficiency and
147.29may request technical assistance from the Department of Administration or other agency
147.30which may be operating as the central computer authority. The secretary of state shall
147.31notify each reporting authority of the sufficiency or insufficiency of its plan within 20 days
147.32of receipt of the plan. The attorney general, upon request of the secretary of state, may
147.33seek a district court order requiring an election official to fulfill duties imposed by this
147.34subdivision or by rules promulgated pursuant to this section.
148.1(b) Systems implemented by counties and municipalities in calendar year 2006 are
148.2exempt from paragraph (a) and section
206.58, subdivision 4, if:
148.3(1) the municipality has fewer than 10,000 residents; and
148.4(2) a valid county plan was filed by the county auditor of the county in which the
148.5municipality is located.
148.6 Sec. 21. Laws 2004, chapter 293, article 1, section 37, subdivision 2, is amended to
148.7read:
148.8 Subd. 2. Social security number. A voter must not be included on the list of voters
148.9prepared under Minnesota Statutes, section201.121, subdivision 1 , whose registration is
148.10incomplete because of a failure to match the last four digits of the voter's Social Security
148.11number until the commissioner of public safety has:
148.12 (1) entered into an agreement with the commissioner of the Social Security
148.13Administration under Minnesota Statutes, section201.1615 , regarding the use of the last
148.14four digits of a Social Security number to verify voter registration information;
148.15(2) assembled a complete and current database of the last four digits of the Social
148.16Security number of each resident of this state as maintained by the Social Security
148.17Administration; and
148.18(3) (2) certified, along with the secretary of state, that the voter registration system
148.19has been tested and shown to properly verify the last four digits of a voter's Social
148.20Security number.
1.3and administrative expenses of state government; regulating state and local
1.4government operations; establishing the Minnesota Office on Ethnic Heritage
1.5and New Americans and the Minnesota Legislative Commission on Terrorism
1.6and Disaster Preparedness; creating the position of poet laureate; providing a
1.7grant process and grant management; defining domestic partner; ratifying labor
1.8agreements and compensation plans; establishing a state employees electronic
1.9health records pilot project; providing for continuing appropriations in certain
1.10circumstances; providing compensation for a period of partial government
1.11shutdown; creating a trust for postemployment benefits; regulating elections and
1.12voter registration; establishing a gratuity payment for certain Teacher Retirement
1.13Association members; authorizing rulemaking;amending Minnesota Statutes
1.142006, sections 3.85, subdivision 3; 3.9741, subdivision 1; 5.12, subdivision
1.151; 6.47; 6.51; 6.54; 6.55; 6.551; 6.57; 6.59; 6.60; 6.62, subdivision 2; 6.63;
1.166.64; 6.65; 6.66; 6.67; 6.68; 6.70; 6.71; 6.715, by adding a subdivision; 13.605,
1.17subdivision 1; 15B.17, subdivision 1; 16A.103, subdivision 1e; 16A.11, by
1.18adding a subdivision; 16A.1286, subdivision 2; 16B.055, subdivision 1; 16B.35,
1.19subdivision 1; 16C.02, subdivisions 4, 12, 14, by adding subdivisions; 16C.03,
1.20subdivisions 2, 3, 4, 8, 16, by adding subdivisions; 16C.05, subdivisions 1,
1.212; 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
2.195; proposing coding for new law in Minnesota Statutes, chapters 3; 4; 5; 6; 8;
2.2011A; 12; 13; 15B; 16A; 16B; 16C; 16E; 43A; 161; 203B; 204B; 270C; 308B;
2.21321; 349A; 471; repealing Minnesota Statutes 2006, sections 3.884; 3.8841;
2.226.56, subdivision 1; 16A.102; 16B.055, subdivision 3; 16C.055, subdivision 1;
2.2316C.08, subdivision 4a; 69.051, subdivision 1c; 200.04; 201.061, subdivision 7;
2.24201.096; 203B.02, subdivision 1a; 203B.04, subdivision 5; 203B.13, subdivision
2.253a; 359.085, subdivision 8; 645.44, 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
22.2 (3) producing television coverage of certain legislative proceedings; and
22.3 (4) performing other functions assigned by the Legislative Coordinating
22.4Commission.
22.5 Sec. 4. [3.306] MEETING TIMES.
22.6 The house of representatives and the senate must adopt rules that set one time as the
22.7regular hour of convening daily sessions in both houses.
22.8 Sec. 5. [3.3061] JOINT STANDING COMMITTEES.
22.9 The house of representatives and the senate are encouraged to adopt rules that:
22.10 (1) establish a system of joint standing committees to consider and report on
22.11legislation and conduct other legislative business, except that each house may separately
22.12establish a committee on rules and administration and a committee on ethics; or
22.13 (2) provide that house and senate committees with similar jurisdiction will meet at
22.14the same time to facilitate joint meetings.
22.15 Sec. 6. Minnesota Statutes 2006, section 3.85, subdivision 3, is amended to read:
22.16 Subd. 3. Membership. The commission consists of
22.17senate appointed by the Subcommittee on Committees of the Committee on Rules and
22.18Administration and
22.19speaker. Members shall be appointed at the commencement of each regular session of the
22.20legislature for a two-year term beginning January 16 of the first year of the regular session.
22.21Members continue to serve until their successors are appointed. Vacancies that occur while
22.22the legislature is in session shall be filled like regular appointments. If the legislature is not
22.23in session, senate vacancies shall be filled by the last Subcommittee on Committees of the
22.24senate Committee on Rules and Administration or other appointing authority designated
22.25by the senate rules, and house vacancies shall be filled by the last speaker of the house, or
22.26if the speaker is not available, by the last chair of the house Rules Committee.
22.27 Sec. 7. [3.9228] MINNESOTA OFFICE ON ETHNIC HERITAGE AND NEW
22.28AMERICANS.
22.29 Subdivision 1. Office established. The Minnesota Office of Ethnic Heritage and
22.30New Americans is established to: (1) recognize the state's rich ethnic diversity and the
22.31contributions that immigrants have made to the state's social, economic, and cultural
22.32history; and (2) capitalize on and develop the strengths of the immigrant community in
23.1Minnesota. The commission shall assist state government to foster an understanding and
23.2appreciation of ethnic and cultural diversity in Minnesota, to more effectively identify
23.3the underutilized resources within the immigrant community and to facilitate the full
23.4participation of immigrants in social, cultural, and political life in this state.
23.5 Subd. 2. Membership. The Minnesota Office of Ethnic Heritage and New
23.6Americans consists of 14 members: the Subcommittee on Committees of the Committee
23.7on Rules and Administration of the senate shall appoint two public members and two
23.8senators; and the speaker of the house of representatives shall appoint two public members
23.9and two members of the house of representatives. The governor shall appoint six public
23.10members.
23.11 Appointees must have proven experience and dedication to working with the wide
23.12range of ethnic communities within Minnesota, the immigrant community, and possess
23.13training and experience in business, management, economics, public policy, legal affairs,
23.14and social work. The appointing authorities shall seek to collaborate with each other and
23.15with the councils established in sections 3.9223, 3.9225, and 3.9226 to ensure that the
23.16public membership of the commission is ethnically and geographically diverse and is
23.17reasonably balanced by gender.
23.18 Compensation and the filling of vacancies or appointed members are as provided in
23.19section 15.0575. The appointments required under this subdivision must be completed
23.20no later than September 1, 2007.
23.21 Subd. 3. Organization. As soon as possible after the appointments under
23.22subdivision 2 have been completed, the executive director of the Legislative Coordinating
23.23Commission shall convene the first meeting of the commission. The members of the
23.24commission shall select their chairperson at the first meeting.
23.25 Subd. 4. Assistance. The Legislative Coordinating Commission shall provide the
23.26administrative and clerical support services necessary for the operation of the Minnesota
23.27Office on Ethnic Heritage and New Americans.
23.28 Subd. 5. Duties. The Minnesota Office of Ethnic Heritage and New Americans shall:
23.29 (1) work with community leaders, the legislature, and the executive branch to
23.30develop programs and proposals that will encourage ethnic identity, preserve ethnic
23.31heritage, and promote education of the public about the state's heritage and cultural history;
23.32 (2) make recommendations to the legislature and the governor intended to foster the
23.33understanding and appreciation of cultural diversity in the state;
23.34 (3) maintain association with ethnic, cultural, and minority groups to determine
23.35community needs;
24.1 (4) study and consider opportunities and issues for the immigrant community in
24.2this state, including:
24.3 (i) steps to eliminate underutilization of immigrants in the state's work force;
24.4 (ii) improving the efficient use of existing state programs and services; and
24.5 (iii) other appropriate steps to improve the economic and social condition of
24.6immigrants in this state.
24.7 By December 1, 2008, the commission shall report to the chairs of the legislative
24.8committees and divisions with jurisdiction over issues affecting ethnic heritage and
24.9immigrants. The report must include a discussion of the items listed in this subdivision
24.10together with recommendations for state agencies and the legislature, including any
24.11proposed legislation necessary to accomplish the recommendations. The executive
24.12director of the Legislative Coordinating Commission shall ensure that copies of the report
24.13are available on the Legislative Coordinating Commission's Web site.
24.14 Subd. 6. Expiration. This section expires on June 30, 2009.
24.15 Sec. 8. Minnesota Statutes 2006, section 3.9741, subdivision 1, is amended to read:
24.16 Subdivision 1. Metropolitan Commission. Upon the audit of the financial accounts
24.17and affairs of a commission under section
24.18Metropolitan Commission is liable to the state for the total cost and expenses of the
24.19audit, including the salaries paid to the examiners while actually engaged in making
24.20the examination. The legislative auditor may bill the Metropolitan Commission either
24.21monthly or at the completion of the audit. All collections received for the audits must be
24.22
24.23EFFECTIVE DATE.This section is effective the day following final enactment.
24.24 Sec. 9. [4.60] POET LAUREATE.
24.25 (a) The position of poet laureate of the state of Minnesota is established. The
24.26Minnesota Humanities Commission must solicit nominations for the poet laureate
24.27appointment and must make recommendations to the governor. After receiving
24.28recommendations from the Minnesota Humanities Commission, the governor shall
24.29appoint a state poet laureate and conduct appropriate ceremonies to honor the person
24.30appointed. The person appointed as poet laureate continues to serve in this position until
24.31the governor appoints another person.
24.32 (b) State agencies and officers are encouraged to use the services of the poet laureate
24.33for appropriate ceremonies and celebrations.
25.1 Sec. 10. Minnesota Statutes 2006, section 5.12, subdivision 1, is amended to read:
25.2 Subdivision 1. Fees. The secretary of state shall charge a fee of $5 for each
25.3certificate or certification of a copy of any document filed in the Office of the Secretary
25.4of State. The secretary of state shall charge a fee of $3 for a copy of an original filing of
25.5a corporation, limited partnership, assumed name, or trade or service mark
25.6
25.7fee of $3 for a copy of any or all subsequent filings of a corporation, limited partnership,
25.8assumed name, or trade or service mark. The secretary of state shall charge a fee of $1 per
25.9page for copies of other nonuniform commercial code documents filed with the secretary of
25.10state. At the time of filing, the secretary of state may provide at the public counter, without
25.11charge, a copy of a filing, ten or fewer pages in length, to the person making the filing.
25.12EFFECTIVE DATE.This section is effective August 1, 2007.
25.13 Sec. 11. [5.32] TEMPORARY TECHNOLOGY SURCHARGE.
25.14 Subdivision 1. Surcharge. For fiscal years 2008 and 2009, the following technology
25.15surcharges are imposed on the filing fees required under the following statutes:
25.16 (1) $25 for articles of incorporation filed under section 302A.151;
25.17 (2) $25 for articles of organization filed under section 322B.17;
25.18 (3) $25 for applications for certificates of authority to transact business in Minnesota
25.19filed under section 303.06;
25.20 (4) $20 for annual reports filed by non-Minnesota corporations under section
25.21303.14; and
25.22 (5) $50 for reinstatements to authority to transact business in Minnesota filed under
25.23section 303.19.
25.24 Subd. 2. Deposit. The surcharges listed in subdivision 1 shall be deposited into the
25.25uniform commercial code account.
25.26 Subd. 3. Expiration. This section expires June 30, 2009.
25.27 Sec. 12. [6.465] DEFINITIONS.
25.28 Subdivision 1. Application. For the purposes of this chapter, the terms defined in
25.29this section have the meaning given them.
25.30 Subd. 2. Political subdivision. "Political subdivision" means a county, home rule
25.31charter or statutory city, town, school district, metropolitan or regional agency, public
25.32corporation, political subdivision, or special district as defined in subdivision 3. "Political
25.33subdivision" does not include a metropolitan or regional agency or a public corporation
25.34audited 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 state agency 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. Minnesota Statutes 2006, section 16B.055, subdivision 1, is amended to read:
39.27 Subdivision 1.
39.28
39.29
39.30
39.31
39.32
39.33under the Assistive Technology Act of 1998, as provided by Public Law 108-364, as
40.1amended. The Minnesota Assistive Technology Advisory Council is established to fulfill
40.2the responsibilities required by the Assistive Technology Act, as provided by Public Law
40.3108-364, as amended. Because the existence of this council is required by federal law, this
40.4council does not expire and the expiration date provided in section 15.059, subdivision
40.55, does not apply.
40.6 (b) The governor shall appoint the membership of the council as required by the
40.7Assistive Technology Act of 1998, as provided by Public Law 108-364, as amended.
40.8After the governor has completed the appointments required by this subdivision, the
40.9commissioner of administration, or the commissioner's designee, shall convene the first
40.10meeting of the council following the appointments. Members shall serve two-year
40.11terms commencing July 1 of each odd-numbered year, and receive the compensation
40.12specified by the Assistive Technology Act of 1998, as provided by Public Law 108-364, as
40.13amended. The members of the council shall select their chair at the first meeting following
40.14their appointment.
40.15 Sec. 46. [16B.327] DEFINITIONS.
40.16 Subdivision 1. Application. For the purposes of section 16B.328, the definitions
40.17in this section have the meanings given.
40.18 Subd. 2. Energy conservation. "Energy conservation" means reducing energy use
40.19and includes: (1) using a light with lower wattage; and (2) using devices such as time
40.20controls, motion detectors, or on and off switches that limit unnecessary use of lighting.
40.21 Subd. 3. Cutoff luminaire. "Cutoff luminaire" means a luminaire in which 2.5
40.22percent or less of the lamp lumens are emitted above a horizontal plane through the
40.23luminaire's lowest part and ten percent or less of the lamp lumens are emitted at a vertical
40.24angle 80 degrees above the luminaire's lowest point.
40.25 Subd. 4. Light pollution. "Light pollution" means the shining of light produced by
40.26a luminaire above the height of the luminaire and into the sky.
40.27 Subd. 5. Lumen. "Lumen" means a unit of luminous flux. One footcandle is one
40.28lumen per square foot. For purposes of section 16B.328, the lumen-output values are
40.29the initial lumen output rating of the lamp.
40.30 Subd. 6. Luminaire "Luminaire" means a complete lighting unit consisting of a
40.31light source and all necessary mechanical, electrical, and decorative parts.
40.32 Subd. 7. Outdoor lighting fixture. "Outdoor lighting fixture" means any type of
40.33fixed or movable lighting equipment that is designed or used for illumination outdoors.
40.34The term includes billboard lighting, streetlights, searchlights, and other lighting used for
40.35advertising purposes and area lighting. The term does not include lighting equipment
41.1that is required by law to be installed on motor vehicles or lighting required for the safe
41.2operation of aircraft.
41.3 Sec. 47. [16B.328] STANDARDS FOR STATE FUNDED OUTDOOR LIGHTING
41.4FIXTURES; MODEL ORDINANCE.
41.5 Subdivision 1. Outdoor lighting fixtures. (a) An outdoor lighting fixture may be
41.6installed or replaced using state funds only if:
41.7 (1) the new or replacement outdoor lighting fixture is a cutoff luminaire if the rated
41.8output of the outdoor lighting fixture is greater than 1,800 lumens;
41.9 (2) the minimum illuminance adequate for the intended purpose is used with
41.10consideration given to nationally recognized standards;
41.11 (3) for lighting of a designated highway of the state highway system, the Department
41.12of Transportation determines that the purpose of the outdoor lighting fixture cannot be
41.13achieved by the installation of reflective road markers, lines, warning or informational
41.14signs, or other effective passive methods; and
41.15 (4) full consideration has been given to energy conservation and savings, reducing
41.16glare, minimizing light pollution, and preserving the natural night environment.
41.17 (b) Paragraph (a) does not apply if:
41.18 (1) a federal law, rule, or regulation preempts state law;
41.19 (2) the outdoor lighting fixture is used on a temporary basis because emergency
41.20personnel require additional illumination for emergency procedures;
41.21 (3) the outdoor lighting fixture is used on a temporary basis for nighttime work;
41.22 (4) special events or situations require additional illumination, provided that the
41.23illumination installed shields the outdoor lighting fixtures from direct view and minimizes
41.24upward lighting and light pollution;
41.25 (5) the outdoor lighting fixture is used solely to highlight the aesthetic aspects of
41.26a single object or distinctive building; or
41.27 (6) a compelling safety interest exists that cannot be addressed by another method.
41.28 (c) This subdivision does not apply to the operation and maintenance of lights or
41.29lighting systems purchased or installed, or for which design work is completed, before
41.30August 1, 2007.
41.31 (d) This section does not apply if a state agency or local unit of government
41.32determines that compliance with this section would:
41.33 (i) require an increased use of electricity;
41.34 (ii) increase the construction cost of a lighting system more than 15 percent over the
41.35construction cost of a lighting system that does not comply with this section;
42.1 (iii) increase the cost of operation and maintenance of the lighting system more than
42.2ten percent over the cost of operating and maintaining the existing lighting system over
42.3the life of the lighting system; or
42.4 (iv) result in a negative safety impact.
42.5 Subd. 2. Model ordinance. The commissioner of administration, in consultation
42.6with the commissioner of commerce, associations for local governments, and any other
42.7interested person, shall develop a model ordinance that can be adapted for use by cities,
42.8counties, and towns, governing outdoor lighting to reduce light pollution. The model
42.9ordinance must include provisions addressing elements similar to those in subdivision 1.
42.10In addition, the model ordinance must address:
42.11 (1) standards for lighting on private property, outdoor advertising, lighting on
42.12commercial, industrial, or institutional property, canopies covering fueling stations, and
42.13public streets, sidewalks, and alleys;
42.14 (2) how illumination levels should be measured;
42.15 (3) possible exemptions, such as for temporary emergency or hazard lighting;
42.16 (4) recommended elements for an exterior lighting plan for a development;
42.17 (5) treatment of nonconforming lighting;
42.18 (6) lighting standards that might apply in special subdistricts;
42.19 (7) light pole maximum heights; and
42.20 (8) light trespass.
42.21 Sec. 48. Minnesota Statutes 2006, section 16B.35, subdivision 1, is amended to read:
42.22 Subdivision 1. Percent of appropriations for art. An appropriation for the
42.23construction or alteration of any state building may contain an amount not to exceed
42.24
42.25acquisition of works of art, excluding landscaping, which may be an integral part of the
42.26building or its grounds, attached to the building or grounds or capable of being displayed
42.27in other state buildings.
42.28
42.29
42.30for this purpose is available only for the acquisition of works of art to be exhibited in areas
42.31of a building or its grounds accessible, on a regular basis, to members of the public. No
42.32more than ten percent of the total amount available each fiscal year under this subdivision
42.33may be used for administrative expenses, either by the commissioner of administration or
42.34by any other entity to whom the commissioner delegates administrative authority. For the
43.1purposes of this section "state building" means a building the construction or alteration of
43.2which is paid for wholly or in part by the state.
43.3EFFECTIVE DATE.This section is effective July 1, 2007. The repeal of the
43.4$100,000 limit in this section applies to appropriations made before, on, or after that date.
43.5 Sec. 49. [16B.97] GRANTS MANAGEMENT.
43.6 Subdivision 1. Grant agreement. (a) A grant agreement is a written instrument
43.7or electronic document defining a legal relationship between a granting agency and a
43.8grantee when the principal purpose of the relationship is to transfer cash or something of
43.9value to the recipient to support a public purpose authorized by law instead of acquiring
43.10by professional/technical contract, purchase, lease, or barter property or services for the
43.11direct benefit or use of the granting agency.
43.12 (b) This section does not apply to capital project grants to political subdivisions as
43.13defined by section 16A.86.
43.14 Subd. 2. Grants governance. The commissioner shall provide leadership and
43.15direction for policy related to grants management in Minnesota in order to foster more
43.16consistent, streamlined interaction between executive agencies, funders, and grantees that
43.17will enhance access to grant opportunities and information and lead to greater program
43.18accountability and transparency. The commissioner has the duties and powers stated in this
43.19section. An executive agency must do what the commissioner requires under this section.
43.20 Subd. 3. Discretionary powers. The commissioner has the authority to:
43.21 (1) review grants management practices and propose policy and procedure
43.22improvements to the governor, legislature, executive agencies, and the federal government;
43.23 (2) sponsor, support, and facilitate innovative and collaborative grants management
43.24projects with public and private organizations;
43.25 (3) review, recommend, and implement alternative strategies for grants management;
43.26 (4) collect and disseminate information, issue reports relating to grants management,
43.27and sponsor and conduct conferences and studies; and
43.28 (5) participate in conferences and other appropriate activities related to grants
43.29management issues.
43.30 Subd. 4. Duties. (a) The commissioner shall:
43.31 (1) create general grants management policies and procedures that are applicable to
43.32all executive agencies. The commissioner may approve exceptions to these policies and
43.33procedures for particular grant programs. Exceptions shall expire or be renewed after five
43.34years. Executive agencies shall retain management of individual grants programs;
44.1 (2) provide a central point of contact concerning statewide grants management
44.2policies and procedures;
44.3 (3) serve as a resource to executive agencies in such areas as training, evaluation,
44.4collaboration, and best practices in grants management;
44.5 (4) ensure grants management needs are considered in the development, upgrade,
44.6and use of statewide administrative systems and leverage existing technology whereever
44.7possible;
44.8 (5) oversee and approve future professional and technical service contracts and
44.9other information technology spending related to executive agency grants management
44.10activities;
44.11 (6) provide a central point of contact for comments about executive agencies
44.12violating statewide grants governance policies and about fraud and waste in grants
44.13processes;
44.14 (7) forward received comments to the appropriate agency for further action, and
44.15may follow up as necessary; and
44.16 (8) provide a single listing of all available executive agency competitive grant
44.17opportunities and resulting grant recipients.
44.18 (b) The commissioner may determine that it is cost-effective for agencies to develop
44.19and use shared grants management technology systems. This system would be governed
44.20under section 16E.01, subdivision 3, paragraph (b).
44.21 (c) The duties assigned to the commissioner in this subdivision with respect to
44.22grants also apply to easements granted by executive agencies.
44.23 Sec. 50. [16B.98] GRANT AGREEMENTS.
44.24 Subdivision 1. Limitation. As a condition of receiving a grant from an appropriation
44.25of state funds, the recipient of the grant must agree to minimize administrative costs. The
44.26granting agency is responsible for negotiating appropriate limits to these costs so that the
44.27state derives the optimum benefit for grant funding.
44.28 Subd. 2. Ethical practices and conflict of interest. An employee of the executive
44.29branch involved directly or indirectly in grants processes, at any level, is subject to the
44.30code of ethics in section 43A.38.
44.31 Subd. 3. Conflict of interest. (a) The commissioner must develop policies
44.32regarding code of ethics and conflict of interest designed to prevent conflicts of interest
44.33for employees, committee members, or others involved in the recommendation, award,
44.34and administration of grants. The policies must apply to employees who are directly or
44.35indirectly in the grants process, which may include the following:
45.1 (1) developing request for proposals or evaluation criteria;
45.2 (2) drafting, recommending, awarding, amending, revising, or entering into grant
45.3agreements;
45.4 (3) evaluating or monitoring performance; or
45.5 (4) authorizing payments.
45.6 (b) The policies must include:
45.7 (1) a process to make all parties to the grant aware of policies and laws relating to
45.8conflict of interest, and training on how to avoid and address potential conflicts; and
45.9 (2) a process under which those who have a conflict of interest or a potential conflict
45.10of interest must disclose the matter.
45.11 (c) If the employee, appointing authority, or commissioner determines that a conflict
45.12of interest exists, the matter shall be assigned to another employee who does not have a
45.13conflict of interest. If it is not possible to assign the matter to an employee who does not
45.14have a conflict of interest, interested personnel shall be notified of the conflict and the
45.15employee may proceed with the assignment.
45.16 Subd. 4. Reporting of violations. A state employee who discovers evidence
45.17of violation of laws or rules governing grants is encouraged to report the violation or
45.18suspected violation to the employee's supervisor, the commissioner or the commissioner's
45.19designee, or the legislative auditor. The legislative auditor shall report to the Legislative
45.20Audit Commission if there are multiple complaints about the same agency. The auditor's
45.21report to the Legislative Audit Commission under this section must disclose only the
45.22number and type of violations alleged. An employee making a good faith report under this
45.23section has the protections provided for under section 181.932, prohibiting the employer
45.24from discriminating against the employee.
45.25 Subd. 5. Creation and validity of grant agreements. (a) A grant agreement is
45.26not valid and the state is not bound by the grant unless:
45.27 (1) the grant has been executed by the head of the agency or a delegate who is
45.28party to the grant; and
45.29 (2) the accounting system shows an encumbrance for the amount of the grant in
45.30accordance with policy approved by the commissioner.
45.31 (b) The combined grant agreement and amendments must not exceed five years
45.32without specific, written approval by the commissioner according to established policy,
45.33procedures, and standards, or unless the commissioner determines that a longer duration is
45.34in the best interest of the state.
46.1 (c) A fully executed copy of the grant agreement with all amendments and other
46.2required records relating to the grant must be kept on file at the granting agency for a time
46.3equal to that required of grantees in subdivision 8.
46.4 (d) Grant agreements must comply with policies established by the commissioner
46.5for minimum grant agreement standards and practices.
46.6 (e) The attorney general may periodically review and evaluate a sample of state
46.7agency grants to ensure compliance with applicable laws.
46.8 Subd. 6. Grant administration. A granting agency shall diligently administer
46.9and monitor any grant it has entered into.
46.10 Subd. 7. Grant payments. Payments to the grantee may not be issued until the
46.11grant agreement is fully executed.
46.12 Subd. 8. Audit. (a) A grant agreement made by an executive agency must include
46.13an expressed or implied audit clause that provides that the books, records, documents,
46.14and accounting procedures and practices of the grantee or other party that are relevant to
46.15the grant or transaction are subject to examination by the granting agency and either the
46.16legislative auditor or the state auditor, as appropriate, for a minimum of six years from the
46.17grant agreement end date, receipt and approval of all final reports, or the required period
46.18of time to satisfy all state and program retention requirements, whichever is later.
46.19 (b) If the granting agency is a local unit of government, and the governing body of
46.20the local unit of government requests that the state auditor examine the books, records,
46.21documents, and accounting procedures and practices of the grantee or other party
46.22according to this subdivision, the granting agency shall be liable for the cost of the
46.23examination. If the granting agency is a local unit of government, and the grantee or other
46.24party requests that the state auditor examine all books, records, documents, and accounting
46.25procedures and practices related to the grant, the grantee or other party that requested the
46.26examination shall be liable for the cost of the examination.
46.27 Subd. 9. Authority of attorney general. The attorney general may pursue
46.28remedies available by law to avoid the obligation of an agency to pay under a grant or to
46.29recover payments made if activities under the grant are so unsatisfactory, incomplete, or
46.30inconsistent that payment would involve unjust enrichment. The contrary opinion of the
46.31granting agency does not affect the power of the attorney general under this subdivision.
46.32 Subd. 10. Grants with Indian tribes and bands. Notwithstanding any other law,
46.33an agency may not require an Indian tribe or band to deny its sovereignty as a requirement
46.34or condition of a grant with an agency.
47.1 Sec. 51. Minnesota Statutes 2006, section 16C.02, is amended by adding a subdivision
47.2to read:
47.3 Subd. 3a. Best and final offer. "Best and final offer" means an optional step in
47.4the solicitation process in which responders are requested to improve their response by
47.5methods including, but not limited to, the reduction of cost, clarification or modification of
47.6the response, or the provision of additional information.
47.7 Sec. 52. Minnesota Statutes 2006, section 16C.02, subdivision 4, is amended to read:
47.8 Subd. 4. Best value. "Best value" describes a result intended in the acquisition of all
47.9goods and services. Price must be one of the evaluation criteria when acquiring goods
47.10and services. Other evaluation criteria may include, but are not limited to, environmental
47.11considerations, quality, and vendor performance. In achieving "best value" strategic
47.12sourcing tools, including but not limited to best and final offers, negotiations, contract
47.13consolidation, product standardization, and mandatory-use enterprise contracts shall be
47.14used at the commissioner's discretion.
47.15 Sec. 53. Minnesota Statutes 2006, section 16C.02, is amended by adding a subdivision
47.16to read:
47.17 Subd. 6a. Enterprise procurement. "Enterprise procurement" means the process
47.18undertaken by the commissioner to leverage economies of scale of multiple end users to
47.19achieve cost savings and other favorable terms in contracts for goods and services.
47.20 Sec. 54. Minnesota Statutes 2006, section 16C.02, subdivision 12, is amended to read:
47.21 Subd. 12. Request for proposal or RFP. "Request for proposal" or "RFP" means a
47.22solicitation in which it is not advantageous to set forth all the actual, detailed requirements
47.23at the time of solicitation and responses are
47.24best value for the state.
47.25 Sec. 55. Minnesota Statutes 2006, section 16C.02, subdivision 14, is amended to read:
47.26 Subd. 14. Response. "Response" means the offer received from a vendor in
47.27response to a solicitation. A response includes submissions commonly referred to as
47.28"offers," "bids," "quotes,"
47.29 Sec. 56. Minnesota Statutes 2006, section 16C.02, is amended by adding a subdivision
47.30to read:
48.1 Subd. 20. Strategic sourcing. "Strategic sourcing" means methods used to
48.2analyze and reduce spending on goods and services, including but not limited to
48.3spend analysis, product standardization, contract consolidation, negotiations, multiple
48.4jurisdiction purchasing alliances, reverse and forward auctions, life-cycle costing, and
48.5other techniques.
48.6 Sec. 57. Minnesota Statutes 2006, section 16C.03, subdivision 2, is amended to read:
48.7 Subd. 2. Rulemaking authority. Subject to chapter 14, the commissioner may
48.8adopt rules, consistent with this chapter and chapter 16B, relating to the following topics:
48.9 (1) procurement process including solicitations and responses to solicitations, bid
48.10security, vendor errors, opening of responses, award of contracts, tied bids, and award
48.11protest process;
48.12 (2) contract performance and failure to perform;
48.13 (3) authority to debar or suspend vendors, and reinstatement of vendors;
48.14 (4) contract cancellation;
48.15 (5) procurement from rehabilitation facilities; and
48.16 (6) organizational conflicts of interest.
48.17 Sec. 58. Minnesota Statutes 2006, section 16C.03, subdivision 4, is amended to read:
48.18 Subd. 4. Contracting authority. The commissioner shall conduct all contracting by,
48.19for, and between agencies and perform all contract management and review functions for
48.20contracts, except those functions specifically delegated to be performed by the contracting
48.21agency, the attorney general, or otherwise provided for by law. The commissioner may
48.22require that agency staff participate in the development of enterprise procurements
48.23including the development of product standards, specifications and other requirements.
48.24 Sec. 59. Minnesota Statutes 2006, section 16C.03, subdivision 8, is amended to read:
48.25 Subd. 8. Policy and procedures. The commissioner is authorized to issue policies,
48.26procedures, and standards applicable to all acquisition activities by and for agencies.
48.27Consistent with the authority specified in this chapter, the commissioner shall develop
48.28and implement policies, procedures, and standards ensuring the optimal use of strategic
48.29sourcing techniques.
48.30 Sec. 60. Minnesota Statutes 2006, section 16C.03, subdivision 16, is amended to read:
48.31 Subd. 16. Delegation of duties. The commissioner may delegate duties imposed by
48.32this chapter to the head of an agency and to any subordinate of the agency head. Delegated
49.1duties shall be exercised in the name of the commissioner and under the commissioner's
49.2direct supervision and control. A delegation of duties may include, but is not limited to,
49.3allowing individuals within agencies to acquire goods, services, and utilities within dollar
49.4limitations and for designated types of acquisitions. Delegation of contract management
49.5and review functions must be filed with the secretary of state and may not, except with
49.6respect to delegations within the Department of Administration, exceed two years in
49.7duration. The commissioner may withdraw any delegation at the commissioner's sole
49.8discretion. The commissioner may require an agency head or subordinate to accept
49.9delegated responsibility to procure goods or services intended for the exclusive use of the
49.10agency receiving the delegation.
49.11 Sec. 61. [16C.046] WEB SITE WITH SEARCHABLE DATABASE ON STATE
49.12CONTRACTS AND GRANTS.
49.13 (a) The commissioner of administration must maintain a Web site with a searchable
49.14database providing the public with information on state contracts, including grant
49.15contracts. The database must include the following information for each state contract
49.16valued in excess of $25,000:
49.17 (1) the name and address of the entity receiving the contract;
49.18 (2) the name of the agency entering into the contract;
49.19 (3) whether the contract is:
49.20 (i) for goods;
49.21 (ii) for professional or technical services;
49.22 (iii) for services other than professional and technical services; or
49.23 (iv) a grant;
49.24 (4) a brief statement of the purpose of the contract or grant;
49.25 (5) the amount of the contract or grant and the fund from which this amount will be
49.26paid; and
49.27 (6) the dollar value of state contracts, other than grants, the entity has received in each
49.28fiscal year and the dollar value of state grants the entity has received in each fiscal year.
49.29 (b) Required information on a new contract or grant must be entered into the
49.30database within 30 days of the time the contract is entered into.
49.31 (c) For purposes of this section, a "grant" is a contract between a state agency and
49.32a recipient, the primary purpose of which is to transfer cash or a thing of value to the
49.33recipient to support a public purpose. Grant does not include payments to units of local
49.34government, payments to state employees, or payments made under laws providing for
49.35assistance to individuals.
50.1 (d) The database must include information on grants and contracts entered into
50.2beginning with fiscal year 2008 funds, and must retain that data for ten years.
50.3EFFECTIVE DATE.This section is effective January 1, 2008.
50.4 Sec. 62. Minnesota Statutes 2006, section 16C.05, subdivision 1, is amended to read:
50.5 Subdivision 1. Agency cooperation. Agencies shall fully cooperate with the
50.6commissioner in the management and review of state contracts and in the development
50.7and implementation of strategic sourcing techniques.
50.8 Sec. 63. Minnesota Statutes 2006, section 16C.05, subdivision 2, is amended to read:
50.9 Subd. 2. Creation and validity of contracts. (a) A contract is not valid and the state
50.10is not bound by it and no agency, without the prior written approval of the commissioner
50.11granted pursuant to subdivision 2a, may authorize work to begin on it unless:
50.12 (1) it has first been executed by the head of the agency or a delegate who is a party
50.13to the contract;
50.14 (2) it has been approved by the commissioner; and
50.15 (3) the accounting system shows an encumbrance for the amount of the contract
50.16liability, except as allowed by policy approved by the commissioner and commissioner of
50.17finance for routine, low-dollar procurements.
50.18 (b) The combined contract and amendments must not exceed five years without
50.19specific, written approval by the commissioner according to established policy, procedures,
50.20and standards, or unless otherwise provided for by law. The term of the original contract
50.21must not exceed two years unless the commissioner determines that a longer duration is
50.22in the best interest of the state.
50.23 (c) Grants, interagency agreements, purchase orders, work orders, and annual plans
50.24need not, in the discretion of the commissioner and attorney general, require the signature
50.25of the commissioner and/or the attorney general. A signature is not required for work
50.26orders and amendments to work orders related to Department of Transportation contracts.
50.27Bond purchase agreements by the Minnesota Public Facilities Authority do not require
50.28the approval of the commissioner.
50.29 (d) Amendments to contracts must entail tasks that are substantially similar to
50.30those in the original contract or involve tasks that are so closely related to the original
50.31contract that it would be impracticable for a different contractor to perform the work. The
50.32commissioner or an agency official to whom the commissioner has delegated contracting
50.33authority under section
50.34serve the interest of the state better than a new contract and would cost no more.
51.1 (e) A fully executed copy of every contract, amendments to the contract, and
51.2performance evaluations relating to the contract must be kept on file at the contracting
51.3agency for a time equal to that specified for contract vendors and other parties in
51.4subdivision 5.
51.5 (f) The attorney general must periodically review and evaluate a sample of state
51.6agency contracts to ensure compliance with laws.
51.7 Sec. 64. Minnesota Statutes 2006, section 16C.08, is amended by adding a subdivision
51.8to read:
51.9 Subd. 1a. Enterprise procurement. Notwithstanding section 15.061 or any
51.10other law, the commissioner shall, to the fullest extent practicable, conduct enterprise
51.11procurements that result in the establishment of professional or technical contracts for
51.12use by multiple state agencies. The commissioner is authorized to mandate use of any
51.13contract entered into as a result of an enterprise procurement process. Agencies shall fully
51.14cooperate in the development and use of contracts entered into under this section.
51.15 Sec. 65. Minnesota Statutes 2006, section 16C.08, subdivision 2, is amended to read:
51.16 Subd. 2. Duties of contracting agency. (a) Before an agency may seek approval of
51.17a professional or technical services contract valued in excess of $5,000, it must provide
51.18the following:
51.19 (1) a description of how the proposed contract or amendment is necessary and
51.20reasonable to advance the statutory mission of the agency;
51.21 (2) a description of the agency's plan to notify firms or individuals who may be
51.22available to perform the services called for in the solicitation;
51.23 (3) a description of the performance measures or other tools that will be used to
51.24monitor and evaluate contract performance
51.25 (4) an explanation detailing, if applicable, why this procurement is being pursued
51.26unilaterally by the agency and not as an enterprise procurement.
51.27 (b) In addition to paragraph (a), the agency must certify that:
51.28 (1) no current state employee is able and available to perform the services called
51.29for by the contract;
51.30 (2) the normal competitive bidding mechanisms will not provide for adequate
51.31performance of the services;
51.32 (3) reasonable efforts will be made to publicize the availability of the contract to
51.33the public;
52.1 (4) the agency will develop and implement a written plan providing for the
52.2assignment of specific agency personnel to manage the contract, including a monitoring
52.3and liaison function, the periodic review of interim reports or other indications of past
52.4performance, and the ultimate utilization of the final product of the services;
52.5 (5) the agency will not allow the contractor to begin work before the contract is fully
52.6executed unless an exception under section
52.7the commissioner and funds are fully encumbered;
52.8 (6) the contract will not establish an employment relationship between the state or
52.9the agency and any persons performing under the contract;
52.10 (7) in the event the results of the contract work will be carried out or continued by
52.11state employees upon completion of the contract, the contractor is required to include
52.12state employees in development and training, to the extent necessary to ensure that after
52.13completion of the contract, state employees can perform any ongoing work related to
52.14the same function
52.15 (8) the agency will not contract out its previously eliminated jobs for four years
52.16without first considering the same former employees who are on the seniority unit layoff
52.17list who meet the minimum qualifications determined by the agency.
52.18 (c) A contract establishes an employment relationship for purposes of paragraph (b),
52.19clause (6), if, under federal laws governing the distinction between an employee and an
52.20independent contractor, a person would be considered an employee.
52.21 Sec. 66. Minnesota Statutes 2006, section 16C.08, subdivision 4, is amended to read:
52.22 Subd. 4. Reports. (a) The commissioner shall submit to the governor, the chairs of
52.23the house Ways and Means and senate Finance Committees, and the Legislative Reference
52.24Library a yearly listing of all contracts for professional or technical services executed.
52.25The report must identify the contractor, contract amount, duration, and services to be
52.26provided. The commissioner shall also issue yearly reports summarizing the contract
52.27review activities of the department by fiscal year.
52.28 (b) The fiscal year report must be submitted by September 1 of each year and must:
52.29 (1) be sorted by agency and by contractor;
52.30 (2) show the aggregate value of contracts issued by each agency and issued to each
52.31contractor;
52.32 (3) distinguish between contracts that are being issued for the first time and contracts
52.33that are being extended;
52.34 (4) state the termination date of each contract;
53.1 (5) identify services by commodity code, including topics such as contracts for
53.2training, contracts for research and opinions, and contracts for computer systems; and
53.3 (6) identify which contracts were awarded without following the solicitation process
53.4in this chapter because it was determined that there was only a single source for the
53.5services.
53.6 (c) Within 30 days of final completion of a contract over $50,000 covered by this
53.7subdivision, the head of the agency entering into the contract must submit a one-page
53.8report to the commissioner who must submit a copy to the Legislative Reference Library.
53.9The report must:
53.10 (1) summarize the purpose of the contract, including why it was necessary to enter
53.11into a contract;
53.12 (2) state the amount spent on the contract;
53.13
53.14
53.15
53.16chapter because it was determined that there was only a single source for the services,
53.17explain why the agency determined there was only a single source for the services
53.18 (4) include a written performance evaluation of the work done under the contract.
53.19The evaluation must include an appraisal of the contractor's timeliness, quality, cost, and
53.20overall performance in meeting the terms and objectives of the contract. Contractors may
53.21request copies of evaluations prepared under this subdivision and may respond in writing.
53.22Contractor responses must be maintained with the contract file.
53.23 Sec. 67. Minnesota Statutes 2006, section 16C.08, is amended by adding a subdivision
53.24to read:
53.25 Subd. 4b. Limitations on actions. No action may be maintained by a contractor
53.26against an employee or agency who discloses information about a current or former
53.27contractor under subdivision 4, unless the contractor demonstrates by clear and convincing
53.28evidence that:
53.29 (1) the information was false and defamatory;
53.30 (2) the employee or agency knew or should have known the information was false
53.31and acted with malicious intent to injure the current or former contractor; and
53.32 (3) the information was acted upon in a manner that caused harm to the current or
53.33former contractor.
53.34 Sec. 68. [16C.086] CALL-CENTER.
54.1 An agency may not enter into a contract for operation of a call-center, or a contract
54.2whose primary purpose is to provide similar services answering or responding to telephone
54.3calls on behalf of an agency without determining if the service can be provided by state
54.4employees, and the services must be provided at offices located in the United States. For
54.5purposes of this section, "agency" includes the Minnesota State Colleges and Universities.
54.6EFFECTIVE DATE.This section is effective the day following final enactment,
54.7and applies to a contract entered into or renewed or otherwise extended after that date.
54.8 Sec. 69. Minnesota Statutes 2006, section 16C.10, subdivision 7, is amended to read:
54.9 Subd. 7. Reverse auction. (a) For the purpose of this subdivision, "reverse auction"
54.10means a purchasing process in which vendors compete to provide goods or
54.11services at the lowest selling price in an open and interactive environment. Reverse
54.12auctions may not be utilized to procure engineering design services or architectural
54.13services or to establish building and construction contracts under sections 16C.26 to
54.1416C.29.
54.15 (b) The provisions of sections
54.16do not apply when the commissioner determines that a reverse auction is the appropriate
54.17purchasing process.
54.18 Sec. 70. Minnesota Statutes 2006, section 16C.16, subdivision 5, is amended to read:
54.19 Subd. 5. Designation of targeted groups. (a) The commissioner of administration
54.20shall periodically designate businesses that are majority owned and operated by women,
54.21persons with a substantial physical disability, or specific minorities as targeted group
54.22businesses within purchasing categories as determined by the commissioner. A group
54.23may be targeted within a purchasing category if the commissioner determines there is a
54.24statistical disparity between the percentage of purchasing from businesses owned by
54.25group members and the representation of businesses owned by group members among all
54.26businesses in the state in the purchasing category.
54.27 (b) In addition to designations under paragraph (a), an individual business may be
54.28included as a targeted group business if the commissioner determines that inclusion is
54.29necessary to remedy discrimination against the owner based on race, gender, or disability
54.30in attempting to operate a business that would provide goods or services to public agencies.
54.31 (c) In addition to the designations under paragraphs (a) and (b), the commissioner of
54.32administration shall designate businesses that are majority owned and operated by veterans
54.33who have served in federal active service as defined in section 190.05, subdivision 5c, in
54.34support of Operation Enduring Freedom or Operation Iraqi Freedom as targeted group
55.1businesses within purchasing categories as determined by the commissioner. "Veteran"
55.2has the meaning given in section 197.447, and also includes both currently serving and
55.3honorably discharged members of the national guard and other military reserves.
55.4
55.5(a)
55.6rulemaking procedures of that chapter.
55.7EFFECTIVE DATE.This section is effective July 1, 2007, and applies to
55.8procurement contract bid solicitations issued on and after that date.
55.9 Sec. 71. [16C.251] BEST AND FINAL OFFER.
55.10 A "best and final offer" solicitation process may not be used for building and
55.11construction contracts.
55.12 Sec. 72. [16E.22] LICENSING SYSTEM.
55.13 The state chief information officer may enter into a professional or technical services
55.14contract for information systems development in which the vendor finances all or part
55.15of the cost of system development. The state chief information officer may assess and
55.16accept a fee for business and occupational licenses for the purpose of developing and
55.17maintaining a licensing system. Before implementing a fee under this section, the director
55.18must submit the proposed fee to the Legislative Advisory Commission for its review. Fees
55.19under this section must be established under the rulemaking process in section 14.389.
55.20Section 16A.1283 does not apply to fees established under this section. Fee revenue
55.21received under this section is appropriated in fiscal years 2008 and 2009 to the Office of
55.22Enterprise Technology for purposes of developing and maintaining an electronic system
55.23for business and occupational licenses.
55.24 Sec. 73. Minnesota Statutes 2006, section 37.06, is amended to read:
55.2537.06 SECRETARY; LEGISLATIVE AUDITOR; DUTIES; REPORT.
55.26 The secretary shall keep a complete record of the proceedings of the annual meetings
55.27of the State Agricultural Society and all meetings of the board of managers and any
55.28committee of the board, keep all accounts of the society other than those kept by the
55.29treasurer of the society, and perform other duties as directed by the board of managers. On
55.30or before December 31 each year, the secretary shall report to the governor for the fiscal
55.31year ending October 31 all the proceedings of the society during the current year and its
56.1financial condition as appears from its books. This report must contain a full, detailed
56.2statement of all receipts and expenditures during the year.
56.3 The books and accounts of the society for the fiscal year must be examined and
56.4audited annually by the legislative auditor. The cost of the examination must be paid by the
56.5society to the state and credited to the
56.6 A summary of this examination, certified by the legislative auditor, must be
56.7appended to the secretary's report, along with the legislative auditor's recommendations
56.8and the proceedings of the first annual meeting of the society held following the secretary's
56.9report, including addresses made at the meeting as directed by the board of managers. The
56.10summary, recommendations, and proceedings must be printed in the same manner as the
56.11reports of state officers. Copies of the report must be printed annually and distributed as
56.12follows: to each society or association entitled to membership in the society, to each
56.13newspaper in the state, and the remaining copies as directed by the board of managers.
56.14EFFECTIVE DATE.This section is effective the day following final enactment.
56.15 Sec. 74. Minnesota Statutes 2006, section 43A.02, is amended by adding a subdivision
56.16to read:
56.17 Subd. 18a. Domestic partner. "Domestic partner" means a person who has entered
56.18into a committed interdependent relationship with another adult, where the partners:
56.19 (1) are responsible for each other's basic common welfare;
56.20 (2) share a common residence and intend to do so indefinitely;
56.21 (3) are not related by blood or adoption to an extent that would prohibit marriage in
56.22this state; and
56.23 (4) are legally competent and qualified to enter into a contract.
56.24 For purposes of this subdivision, domestic partners may share a common residence,
56.25even if:
56.26 (1) they do not each have a legal right to possess the residence; or
56.27 (2) one or both domestic partners possess additional real property.
56.28 If one domestic partner temporarily leaves the common residence with the intention
56.29to return, the domestic partners continue to share a common residence for the purposes
56.30of this subdivision.
56.31 Sec. 75. Minnesota Statutes 2006, section 43A.24, subdivision 1, is amended to read:
56.32 Subdivision 1. General. Employees, including persons on layoff from a civil
56.33service position, and employees who are employed less than full time, shall be eligible
56.34for state paid life insurance and hospital, medical and dental benefits as provided in
57.1collective bargaining agreements or plans established pursuant to section
57.2collective bargaining agreement or plan provides state paid health insurance for spouses of
57.3employees, the insurance must be made available to domestic partners of state employees
57.4on the same terms and conditions.
57.5 Sec. 76. Minnesota Statutes 2006, section 43A.49, is amended to read:
57.643A.49 VOLUNTARY UNPAID LEAVE OF ABSENCE.
57.7 (a) Appointing authorities in state government may allow each employee to take
57.8unpaid leaves of absence for up to 1,040 hours
57.9
57.10two-year period beginning July 1 of each odd-numbered year. Each appointing authority
57.11approving such a leave shall allow the employee to continue accruing vacation and
57.12sick leave, be eligible for paid holidays and insurance benefits, accrue seniority, and, if
57.13payments are made under paragraph (b), accrue service credit and credited salary in the
57.14state retirement plans, as if the employee had actually been employed during the time of
57.15leave. An employee covered by the unclassified plan may voluntarily make the employee
57.16contributions to the unclassified plan during the leave of absence. If the employee makes
57.17these contributions, the appointing authority must make the employer contribution. If the
57.18leave of absence is for one full pay period or longer, any holiday pay shall be included in
57.19the first payroll warrant after return from the leave of absence. The appointing authority
57.20shall attempt to grant requests for the unpaid leaves of absence consistent with the need to
57.21continue efficient operation of the agency. However, each appointing authority shall retain
57.22discretion to grant or refuse to grant requests for leaves of absence and to schedule and
57.23cancel leaves, subject to the applicable provisions of collective bargaining agreements
57.24and compensation plans.
57.25 (b) To receive eligible service credit and credited salary in a defined benefit plan, the
57.26member shall pay an amount equal to the applicable employee contribution rates. If an
57.27employee pays the employee contribution for the period of the leave under this section,
57.28the appointing authority must pay the employer contribution. The appointing authority
57.29may, at its discretion, pay the employee contributions. Contributions must be made in a
57.30time and manner prescribed by the executive director of the Minnesota State Retirement
57.31
57.32 Sec. 77. [43A.50] CERTIFICATE OF PAY EQUITY COMPLIANCE.
57.33 Subdivision 1. Scope of application. For a contract for goods or services in excess
57.34of $100,000, a state department or agency may not accept a bid or proposal from a
58.1business having more than 40 full-time employees within the state on a single working
58.2day during the previous 12 months unless the commissioner has approved the business'
58.3plan to establish equitable compensation relationships for its employees and has issued the
58.4business a certificate of compliance. A certificate of compliance is valid for two years.
58.5 Subd. 2. Compliance; good faith effort. (a) The commissioner must approve a
58.6plan and issue a certificate of compliance under this section to a business if the business
58.7demonstrates that it is in compliance with equitable compensation relationship standards
58.8or is making a good faith effort to achieve compliance with those standards. The standards
58.9for determining equitable compensation relationships for a business under this section
58.10are the same as the standards in sections 471.991 to 471.997 and rules adopted under
58.11those sections.
58.12 (b) A business that is not in compliance with equitable compensation relationship
58.13standards is making a good faith effort to achieve compliance if the commissioner has
58.14approved:
58.15 (1) a plan for achieving compliance, including the business' proposed actions and
58.16response to the commissioner's recommendations; and
58.17 (2) a proposed date for achieving compliance and for submitting a revised report
58.18for the commissioner's review.
58.19 Subd. 3. Filing fee; account; appropriation. The commissioner shall collect
58.20a $75 fee for each certificate of compliance issued by the commissioner under this
58.21section. The proceeds of the fee must be deposited in a pay equity fee special revenue
58.22account. Money in the account is appropriated to the commissioner to fund the cost of
58.23administering this section.
58.24 Subd. 4. Revocation of certificate. A certificate of compliance may be suspended
58.25or revoked by the commissioner if a holder of a certificate is not effectively implementing
58.26or making a good faith effort to implement its approved plan to establish equitable
58.27compensation relationships. If a contractor does not effectively implement its approved
58.28plan, or fails to make a good faith effort to do so, the commissioner of employee relations
58.29may refuse to approve subsequent plans submitted by that business.
58.30 Subd. 5. Revocation of contract. A contract awarded by a department or agency of
58.31the state may be terminated or abridged by the contracting department or agency because
58.32of suspension or revocation of a certificate. If a contract is awarded to a business that does
58.33not have a contract compliance certificate as required, the commissioner of administration
58.34may void the contract on behalf of the state.
58.35 Subd. 6. Technical assistance. If the commissioner has suspended a contractor's
58.36certificate of compliance, the commissioner shall provide technical assistance that may
59.1enable the contractor to be recertified within 90 days after the contractor's certificate
59.2has been suspended.
59.3 Subd. 7. Access to data. Data submitted to the commissioner by a contractor
59.4or potential contractor for purposes of obtaining a certificate of compliance under this
59.5section are private data on individuals or nonpublic data with respect to persons other
59.6than department employees. The commissioner's decision to grant, not grant, revoke, or
59.7suspend a certificate of compliance is public data.
59.8EFFECTIVE DATE.This section is effective July 1, 2007, and applies to contracts
59.9for which a state department or agency issues solicitations on or after that date.
59.10 Sec. 78. Minnesota Statutes 2006, section 103D.355, is amended to read:
59.11103D.355 ANNUAL AUDIT.
59.12 Subdivision 1. Requirement. The managers must have an annual audit completed
59.13of the books and accounts of the watershed district. The annual audit may be made by
59.14a private certified public accountant or by the state auditor.
59.15
59.16
59.17
59.18 Subd. 2. Audit by state auditor. (a)
59.19state auditor
59.20watershed district or resolution of the managers of the watershed district. The petition
59.21must request an annual audit pursuant to the authority granted municipalities under
59.22sections
59.23records as the state auditor may deem the public interest to demand.
59.24 (b) If the audit or examination is made by the state auditor, the watershed
59.25district receiving the examination must pay the state the total cost and expenses of the
59.26examination, including the salaries paid to the examiners while actually engaged in
59.27making the examination. The general fund must be credited with all collections made
59.28for examinations under this subdivision.
59.29 Subd. 3. Reports for state auditor. The managers must make and submit reports
59.30demanded by the state auditor.
59.31 Sec. 79. Minnesota Statutes 2006, section 161.1419, subdivision 8, is amended to read:
59.32 Subd. 8. Expiration. The commission expires on June 30,
60.1 Sec. 80. Minnesota Statutes 2006, section 181.9413, is amended to read:
60.2181.9413 SICK
60.3CARE FOR CERTAIN RELATIVES.
60.4 (a) An employee may use personal sick leave benefits provided by the employer
60.5for absences due to an illness of or injury to the employee's child, spouse, sibling, parent,
60.6grandparent, stepparent, or domestic partner for such reasonable periods as the employee's
60.7attendance
60.8is able to use sick leave benefits for the employee's own illness or injury. This section
60.9applies only to personal sick leave benefits payable to the employee from the employer's
60.10general assets.
60.11 (b) For purposes of this section, "personal sick leave benefits" means time accrued
60.12and available to an employee to be used as a result of absence from work due to personal
60.13illness or injury, but does not include short-term or long-term disability or other salary
60.14continuation benefits.
60.15 (c) For purposes of this section, "domestic partner" means a person who has entered
60.16into a committed interdependent relationship with another adult, where the partners:
60.17 (1) are responsible for each other's basic common welfare;
60.18 (2) share a common residence and intend to do so indefinitely;
60.19 (3) are not related by blood or adoption to an extent that would prohibit marriage in
60.20this state; and
60.21 (4) are legally competent and qualified to enter into a contract.
60.22 For purposes of this section, domestic partners may share a common residence even
60.23if they do not have a legal right to possess the residence or one or both domestic partners
60.24possess additional real property.
60.25 If one domestic partner temporarily leaves the common residence with the intention
60.26to return, the domestic partners continue to share a common residence for the purposes
60.27of this section.
60.28 (d) For purposes of this section, a person is an "employee" of a school district during
60.29any period of employment with that district after the person has been employed by the
60.30district for at least one school year.
60.31EFFECTIVE DATE.This section is effective August 1, 2007, and applies to sick
60.32leave used on or after that date.
60.33 Sec. 81. Minnesota Statutes 2006, section 270C.03, subdivision 1, is amended to read:
61.1 Subdivision 1. Powers and duties. The commissioner shall have and exercise
61.2the following powers and duties:
61.3 (1) administer and enforce the assessment and collection of taxes;
61.4 (2) make determinations, corrections, and assessments with respect to taxes,
61.5including interest, additions to taxes, and assessable penalties;
61.6 (3) use statistical or other sampling techniques consistent with generally accepted
61.7auditing standards in examining returns or records and making assessments;
61.8 (4) investigate the tax laws of other states and countries, and formulate and submit
61.9to the legislature such legislation as the commissioner may deem expedient to prevent
61.10evasions of state revenue laws and to secure just and equal taxation and improvement in
61.11the system of state revenue laws;
61.12 (5) consult and confer with the governor upon the subject of taxation, the
61.13administration of the laws in regard thereto, and the progress of the work of the
61.14department, and furnish the governor, from time to time, such assistance and information
61.15as the governor may require relating to tax matters;
61.16 (6) execute and administer any agreement with the secretary of the treasury or the
61.17Bureau of Alcohol, Tobacco, Firearms, and Explosives in the Department of Justice of the
61.18United States or a representative of another state regarding the exchange of information
61.19and administration of the state revenue laws;
61.20 (7) require town, city, county, and other public officers to report information as to the
61.21collection of taxes received from licenses and other sources, and such other information
61.22as may be needful in the work of the commissioner, in such form as the commissioner
61.23may prescribe;
61.24 (8) authorize the use of unmarked motor vehicles to conduct seizures or criminal
61.25investigations pursuant to the commissioner's authority;
61.26 (9) maintain toll-free telephone access for taxpayer assistance for calls from
61.27locations within the state; and
61.28 (10) exercise other powers and authority and perform other duties required of or
61.29imposed upon the commissioner by law.
61.30EFFECTIVE DATE.This section is effective January 1, 2008.
61.31 Sec. 82. [270C.21] TAXPAYER ASSISTANCE GRANTS.
61.32 When the commissioner awards grants to nonprofit organizations to coordinate,
61.33facilitate, encourage, and aid in the provision of taxpayer assistance services, the
61.34commissioner must provide public notice of the grants in a timely manner so that the
61.35grant process is completed and grants are awarded by October 1, in order for recipient
62.1organizations to adequately plan expenditures for the filing season. At the time the
62.2commissioner provides public notice, the commissioner must also notify nonprofit
62.3organizations that received grants in the previous biennium.
62.4EFFECTIVE DATE.This section is effective the day following final enactment.
62.5 Sec. 83. Minnesota Statutes 2006, section 302A.821, subdivision 4, is amended to read:
62.6 Subd. 4. Penalty; reinstatement. (a) A corporation that has failed to file a
62.7registration pursuant to the requirements of subdivision 2 must be dissolved by the
62.8secretary of state as described in paragraph (b).
62.9 (b) If the corporation has not filed the registration
62.10any calendar
62.11dissolution and the certificate must be filed in the Office of the Secretary of State.
62.12
62.13
62.14
62.15
62.16
62.17
62.18
62.19
62.20an electronic format the names of the dissolved corporations. A corporation dissolved in
62.21this manner is not entitled to the benefits of section
62.22shareholders of a corporation dissolved in this manner shall be determined and limited in
62.23accordance with section
62.24any director of the corporation under section
62.25 (c) After administrative dissolution, filing a registration and the $25 fee with the
62.26secretary of state:
62.27 (1) returns the corporation to good standing as of the date of the dissolution;
62.28 (2) validates contracts or other acts within the authority of the articles, and the
62.29corporation is liable for those contracts or acts; and
62.30 (3) restores to the corporation all assets and rights of the corporation to the extent
62.31they were held by the corporation before the dissolution occurred, except to the extent that
62.32assets or rights were affected by acts occurring after the dissolution or sold or otherwise
62.33distributed after that time.
62.34EFFECTIVE DATE.This section is effective January 1, 2008.
63.1 Sec. 84. Minnesota Statutes 2006, section 308A.995, subdivision 4, is amended to read:
63.2 Subd. 4. Penalty; dissolution. (a) A cooperative that has failed to file a registration
63.3pursuant to the requirements of this section by December 31 of the calendar year for which
63.4the registration was required must be dissolved by the secretary of state as described in
63.5paragraph (b).
63.6 (b) If the cooperative has not filed the registration by December 31 of that calendar
63.7year, the secretary of state must issue a certificate of involuntary dissolution, and the
63.8certificate must be filed in the Office of the Secretary of State.
63.9
63.10
63.11
63.12format the names of the dissolved cooperatives. A cooperative dissolved in this manner is
63.13not entitled to the benefits of section
63.14EFFECTIVE DATE.This section is effective January 1, 2008.
63.15 Sec. 85. Minnesota Statutes 2006, section 308B.121, subdivision 4, is amended to read:
63.16 Subd. 4. Penalty; dissolution. (a) A cooperative that has failed to file a registration
63.17under the requirements of this section must be dissolved by the secretary of state as
63.18described in paragraph (b).
63.19 (b) If the cooperative has not filed the registration by December 31 of that calendar
63.20year, the secretary of state must issue a certificate of involuntary dissolution and the
63.21certificate must be filed in the Office of the Secretary of State.
63.22
63.23
63.24
63.25
63.26not entitled to the benefits of section
63.27EFFECTIVE DATE.This section is effective January 1, 2008.
63.28 Sec. 86. Minnesota Statutes 2006, section 308B.215, subdivision 2, is amended to read:
63.29 Subd. 2. Filing. The original articles and a designation of the cooperative's
63.30registered office and agent
63.31be filed with the secretary of state. The fee for filing the articles with the secretary of
63.32state is $60.
63.33EFFECTIVE DATE.This section is effective August 1, 2007.
64.1 Sec. 87. [308B.903] NOTICE OF INTENT TO DISSOLVE.
64.2 Before a cooperative begins dissolution, a notice of intent to dissolve must be filed
64.3with the secretary of state. The notice must contain:
64.4 (1) the name of the cooperative;
64.5 (2) the date and place of the members' meeting at which the resolution was
64.6approved; and
64.7 (3) a statement that the requisite vote of the members approved the proposed
64.8dissolution.
64.9EFFECTIVE DATE.This section is effective August 1, 2007.
64.10 Sec. 88. Minnesota Statutes 2006, section 317A.823, subdivision 1, is amended to read:
64.11 Subdivision 1. Annual registration. (a) The secretary of state must send annually
64.12to each corporation at the registered office of the corporation a postcard notice announcing
64.13the need to file the annual registration and informing the corporation that the annual
64.14registration may be filed online and that paper filings may also be made, and informing
64.15the corporation that failing to file the annual registration will result in an administrative
64.16dissolution of the corporation.
64.17 (b)
64.18beginning in the calendar year following the calendar year in which a corporation
64.19incorporates, a corporation must file with the secretary of state by December 31 of each
64.20calendar year a registration containing the information listed in paragraph (c).
64.21 (c) The registration must include:
64.22 (1) the name of the corporation;
64.23 (2) the address of its registered office;
64.24 (3) the name of its registered agent, if any; and
64.25 (4) the name and business address of the officer or other person exercising the
64.26principal functions of president of the corporation.
64.27
64.28
64.29
64.30
64.31
64.32
64.33
64.34
64.35
65.1
65.2
65.3
65.4
65.5EFFECTIVE DATE.This section is effective August 1, 2007.
65.6 Sec. 89. Minnesota Statutes 2006, section 321.0206, is amended to read:
65.7321.0206 DELIVERY TO AND FILING OF RECORDS BY SECRETARY OF
65.8STATE; EFFECTIVE TIME AND DATE.
65.9 (a) A record authorized or required to be delivered to the secretary of state for filing
65.10under this chapter must be captioned to describe the record's purpose, be in a medium
65.11permitted by the secretary of state, and be delivered to the secretary of state. Unless the
65.12secretary of state determines that a record does not comply with the filing requirements
65.13of this chapter, and if the appropriate filing fees have been paid, the secretary of state
65.14shall file the record and:
65.15 (1) for a statement of dissociation, send:
65.16 (A) a copy of the filed statement to the person which the statement indicates has
65.17dissociated as a general partner; and
65.18 (B) a copy of the filed statement to the limited partnership;
65.19 (2) for a statement of withdrawal, send:
65.20 (A) a copy of the filed statement to the person on whose behalf the record was
65.21filed; and
65.22 (B) if the statement refers to an existing limited partnership, a copy of the filed
65.23statement to the limited partnership; and
65.24 (3) for all other records, send a copy of the filed record to the person on whose
65.25behalf the record was filed.
65.26 (b) Upon request and payment of a fee, the secretary of state shall send to the
65.27requester a certified copy of the requested record.
65.28 (c) Except as otherwise provided in sections
65.29delivered to the secretary of state for filing under this chapter may specify an effective
65.30time and a delayed effective date. Except as otherwise provided in this chapter, a record
65.31filed by the secretary of state is effective:
65.32 (1) if the record does not specify an effective time and does not specify a delayed
65.33effective date, on the date and at the time the record is filed as evidenced by the secretary
65.34of state's endorsement of the date and time on the record;
66.1 (2) if the record specifies an effective time but not a delayed effective date, on the
66.2date the record is filed at the time specified in the record;
66.3 (3) if the record specifies a delayed effective date but not an effective time, at 12:01
66.4a.m. on the earlier of:
66.5 (A) the specified date; or
66.6 (B) the 30th day after the record is filed; or
66.7 (4) if the record specifies an effective time and a delayed effective date, at the
66.8specified time on the earlier of:
66.9 (A) the specified date; or
66.10 (B) the 30th day after the record is filed.
66.11 (d) The appropriate fees for filings under this chapter are:
66.12 (1) for filing a certificate of limited partnership, $100;
66.13 (2) for filing an amended certificate of limited partnership, $50;
66.14 (3) for filing any other record, other than the annual report required by section
66.15321.0210, for which no fee must be charged, required or permitted to be delivered for
66.16filing, $35;
66.17 (4) for filing a certificate requesting authority to transact business in Minnesota as a
66.18foreign limited partnership, $85;
66.19 (5) for filing an application of reinstatement, $25;
66.20 (6) for filing a name reservation for a foreign limited partnership name, $35; and
66.21 (7) for filing any other record, other than the annual report required by section
66.22321.0210, for which no fee must be charged, required or permitted to be delivered for
66.23filing on a foreign limited partnership authorized to transact business in Minnesota, $50.
66.24EFFECTIVE DATE.This section is effective July 1, 2007.
66.25 Sec. 90. [321.0909] NAME CHANGES FILED IN HOME STATE.
66.26 A foreign limited partnership shall notify the secretary of state of any changes to the
66.27partnership name filed with the state of formation by filing a certificate from the state of
66.28formation certifying to the change of name.
66.29EFFECTIVE DATE.This section is effective August 1, 2007.
66.30 Sec. 91. Minnesota Statutes 2006, section 336.1-110, is amended to read:
66.31336.1-110 UNIFORM COMMERCIAL CODE ACCOUNT.
66.32 The Uniform Commercial Code account is established as an account in the state
66.33treasury. Fees that are not expressly set by statute but are charged by the secretary of state
67.1to offset the costs of providing a service under this chapter must be deposited in the state
67.2treasury and credited to the Uniform Commercial Code account.
67.3 Fees that are not expressly set by statute but are charged by the secretary of state
67.4to offset the costs of providing information contained in the computerized records
67.5maintained by the secretary of state must be deposited in the state treasury and credited to
67.6the Uniform Commercial Code account.
67.7 Money in the Uniform Commercial Code account is continuously appropriated to the
67.8secretary of state to implement and maintain the central filing system under this chapter,
67.9to provide, improve, and expand other online or remote lien and business entity filing,
67.10retrieval, and payment method services provided by the secretary of state, and to provide
67.11electronic access to other computerized records maintained by the secretary of state.
67.12EFFECTIVE DATE.This section is effective August 1, 2007.
67.13 Sec. 92. Minnesota Statutes 2006, section 336.9-516, is amended to read:
67.14336.9-516 WHAT CONSTITUTES FILING; EFFECTIVENESS OF FILING.
67.15 (a) What constitutes filing. Except as otherwise provided in subsection (b),
67.16communication of a record to a filing office and tender of the filing fee or acceptance of
67.17the record by the filing office constitutes filing.
67.18 (b) Refusal to accept record; filing does not occur. Filing does not occur with
67.19respect to a record that a filing office refuses to accept because:
67.20 (1) the record is not communicated by a method or medium of communication
67.21authorized by the filing office. For purposes of filing office authorization, transmission of
67.22records using the Extensible Markup Language (XML) format is authorized by the filing
67.23office after the later of July 1, 2007, or the determination of the secretary of state that the
67.24central filing system is capable of receiving and processing these records;
67.25 (2) an amount equal to or greater than the applicable filing fee is not tendered;
67.26 (3) the filing office is unable to index the record because:
67.27 (A) in the case of an initial financing statement, the record does not provide a name
67.28for the debtor;
67.29 (B) in the case of an amendment or correction statement, the record:
67.30 (i) does not identify the initial financing statement as required by section
67.31or
67.32 (ii) identifies an initial financing statement whose effectiveness has lapsed under
67.33section
68.1 (C) in the case of an initial financing statement that provides the name of a debtor
68.2identified as an individual or an amendment that provides a name of a debtor identified as
68.3an individual which was not previously provided in the financing statement to which the
68.4record relates, the record does not identify the debtor's last name; or
68.5 (D) in the case of a record filed or recorded in the filing office described in section
68.7to which it relates;
68.8 (4) in the case of an initial financing statement or an amendment that adds a secured
68.9party of record, the record does not provide a name and mailing address for the secured
68.10party of record;
68.11 (5) in the case of an initial financing statement or an amendment that provides a
68.12name of a debtor which was not previously provided in the financing statement to which
68.13the amendment relates, the record does not:
68.14 (A) provide a mailing address for the debtor;
68.15 (B) indicate whether the debtor is an individual or an organization; or
68.16 (C) if the financing statement indicates that the debtor is an organization, provide:
68.17 (i) a type of organization for the debtor;
68.18 (ii) a jurisdiction of organization for the debtor; or
68.19 (iii) an organizational identification number for the debtor or indicate that the debtor
68.20has none;
68.21 (6) in the case of an assignment reflected in an initial financing statement under
68.22section
68.23not provide a name and mailing address for the assignee; or
68.24 (7) in the case of a continuation statement, the record is not filed within the
68.25six-month period prescribed by section
68.26 (c) Rules applicable to subsection (b). For purposes of subsection (b):
68.27 (1) a record does not provide information if the filing office is unable to read or
68.28decipher the information; and
68.29 (2) a record that does not indicate that it is an amendment or identify an initial
68.30financing statement to which it relates, as required by section
68.32 (d) Refusal to accept record; record effective as filed record. A record that is
68.33communicated to the filing office with tender of the filing fee, but which the filing office
68.34refuses to accept for a reason other than one set forth in subsection (b), is effective as a
68.35filed record except as against a purchaser of the collateral which gives value in reasonable
68.36reliance upon the absence of the record from the files.
69.1EFFECTIVE DATE.This section is effective August 1, 2007.
69.2 Sec. 93. Minnesota Statutes 2006, section 336.9-525, is amended to read:
69.3336.9-525 FEES.
69.4 (a) Initial financing statement or other record: general rule. Except as otherwise
69.5provided in subsection (d), the fee for filing and indexing a record under this part
69.6
69.7collected for each request delivered online must be deposited in the uniform commercial
69.8code account.
69.9 (b) Number of names. The number of names required to be indexed does not
69.10affect the amount of the fee in subsection (a).
69.11 (c) Response to information request. The fee for responding to a request for
69.12information from the filing office, including for issuing a certificate showing whether there
69.13is on file any financing statement naming a particular debtor,
69.14
69.15request delivered online must be deposited in the uniform commercial code account.
69.16 (d) Record of mortgage. This section does not require a fee with respect to a record
69.17of a mortgage which is effective as a financing statement filed as a fixture filing or as a
69.18financing statement covering as-extracted collateral or timber to be cut under section
69.20applicable to the record of the mortgage apply.
69.21EFFECTIVE DATE.This section is effective July 1, 2007.
69.22 Sec. 94. [349A.021] LOTTERY OFFICES.
69.23 The State Lottery may not move its operations at its Mountain Iron location to a
69.24location outside the Quad-City area of Mountain Iron, Eveleth, Gilbert, and Virginia, and
69.25may not reduce the complement of staff employed at this office.
69.26EFFECTIVE DATE.This section is effective the day following final enactment.
69.27 Sec. 95. Minnesota Statutes 2006, section 356.219, subdivision 1, is amended to read:
69.28 Subdivision 1. Report required. (a) Except as indicated in subdivision 4, the State
69.29Board of Investment, on behalf of the public pension funds and programs for which it is
69.30the investment authority, and any Minnesota public pension plan that is not fully invested
69.31through the State Board of Investment, including a local police or firefighters relief
69.32association governed by sections
70.1specified in subdivision 3 to the state auditor. A report under this section must be filed
70.2electronically with the state auditor, unless the state auditor determines that it is not
70.3feasible for a particular plan or association to file electronically. The state auditor may
70.4prescribe
70.5format for reports required by this section. The state auditor must attempt to provide
70.6access on the state auditor's Web site to reports filed under this section.
70.7 (b) A local police or firefighters relief association governed by section
70.8sections
70.9this section if all assets of the applicable pension plan beyond sufficient cash equivalent
70.10investments to cover six months expected expenses are invested under section
70.11The board of any fully invested public pension plan remains responsible for submitting
70.12investment policy statements and subsequent revisions as required by subdivision 3,
70.13paragraph (a).
70.14 (c) For purposes of this section, the State Board of Investment is considered to be
70.15the investment authority for any Minnesota public pension fund required to be invested by
70.16the State Board of Investment under section
70.17fund authorized to invest in the supplemental investment fund under section
70.18which is fully invested by the State Board of Investment.
70.19 Sec. 96. Minnesota Statutes 2006, section 358.41, is amended to read:
70.20358.41 DEFINITIONS.
70.21 As used in sections
70.22 (1) "Notarial act" means any act that a notary public of this state is authorized to
70.23perform, and includes taking an acknowledgment, administering an oath or affirmation,
70.24taking a verification upon oath or affirmation, witnessing or attesting a signature, certifying
70.25or attesting a copy, and noting a protest of a negotiable instrument. A notary public may
70.26perform a notarial act by electronic means.
70.27 (2) "Acknowledgment" means a declaration by a person that the person has executed
70.28an instrument or electronic record for the purposes stated therein and, if the instrument
70.29or electronic record is executed in a representative capacity, that the person signed
70.30the instrument with proper authority and executed it as the act of the person or entity
70.31represented and identified therein.
70.32 (3) "Verification upon oath or affirmation" means a declaration that a statement is
70.33true made by a person upon oath or affirmation.
70.34 (4) "In a representative capacity" means:
71.1 (i) for and on behalf of a corporation, partnership, limited liability company, trust, or
71.2other entity, as an authorized officer, agent, partner, trustee, or other representative;
71.3 (ii) as a public officer, personal representative, guardian, or other representative,
71.4in the capacity recited in the instrument;
71.5 (iii) as an attorney in fact for a principal; or
71.6 (iv) in any other capacity as an authorized representative of another.
71.7 (5) "Notarial officer" means a notary public or other officer authorized to perform
71.8notarial acts.
71.9 (6) "Electronic signature" means an electronic sound, symbol, or process attached
71.10to or logically associated with a record and executed or adopted by a person with the
71.11intent to sign the record.
71.12 (7) "Electronic record" means a record created, generated, sent, communicated,
71.13received, or stored by electronic means.
71.14EFFECTIVE DATE.This section is effective August 1, 2007.
71.15 Sec. 97. Minnesota Statutes 2006, section 358.42, is amended to read:
71.16358.42 NOTARIAL ACTS.
71.17 (a) In taking an acknowledgment, the notarial officer must determine, either from
71.18personal knowledge or from satisfactory evidence, that the person appearing before the
71.19officer and making the acknowledgment is the person whose true signature is on the
71.20instrument or electronic record.
71.21 (b) In taking a verification upon oath or affirmation, the notarial officer must
71.22determine, either from personal knowledge or from satisfactory evidence, that the person
71.23appearing before the officer and making the verification is the person whose true signature
71.24is made in the presence of the officer on the statement verified.
71.25 (c) In witnessing or attesting a signature the notarial officer must determine, either
71.26from personal knowledge or from satisfactory evidence, that the signature is that of the
71.27person appearing before the officer and named therein. When witnessing or attesting a
71.28signature, the officer must be present when the signature is made.
71.29 (d) In certifying or attesting a copy of a document, electronic record, or other item,
71.30the notarial officer must determine that the proffered copy is a full, true, and accurate
71.31transcription or reproduction of that which was copied.
71.32 (e) In making or noting a protest of a negotiable instrument or electronic record the
71.33notarial officer must determine the matters set forth in section
72.1 (f) A notarial officer has satisfactory evidence that a person is the person whose true
72.2signature is on a document or electronic record if that person (i) is personally known to
72.3the notarial officer, (ii) is identified upon the oath or affirmation of a credible witness
72.4personally known to the notarial officer, or (iii) is identified on the basis of identification
72.5documents.
72.6EFFECTIVE DATE.This section is effective August 1, 2007.
72.7 Sec. 98. Minnesota Statutes 2006, section 358.50, is amended to read:
72.8358.50 EFFECT OF ACKNOWLEDGMENT.
72.9 An acknowledgment made in a representative capacity for and on behalf of a
72.10corporation, partnership, limited liability company, trust, or other entity and certified
72.11substantially in the form prescribed in this chapter is prima facie evidence that the
72.12instrument or electronic record was executed and delivered with proper authority.
72.13EFFECTIVE DATE.This section is effective August 1, 2007.
72.14 Sec. 99. Minnesota Statutes 2006, section 359.085, subdivision 2, is amended to read:
72.15 Subd. 2. Verifications. In taking a verification upon oath or affirmation, the notarial
72.16officer must determine, either from personal knowledge or from satisfactory evidence, that
72.17the person appearing before the officer and making the verification is the person whose
72.18true signature is made in the presence of the officer on the statement verified.
72.19EFFECTIVE DATE.This section is effective August 1, 2007.
72.20 Sec. 100. Minnesota Statutes 2006, section 359.085, subdivision 3, is amended to read:
72.21 Subd. 3. Witnessing or attesting signatures. In witnessing or attesting a signature,
72.22the notarial officer must determine, either from personal knowledge or from satisfactory
72.23evidence, that the signature is that of the person appearing before the officer and named in
72.24the document or electronic record. When witnessing or attesting a signature, the officer
72.25must be present when the signature is made.
72.26EFFECTIVE DATE.This section is effective August 1, 2007.
72.27 Sec. 101. Minnesota Statutes 2006, section 471.61, subdivision 1a, is amended to read:
72.28 Subd. 1a. Dependents. Notwithstanding the provisions of Minnesota Statutes 1969,
72.29section
72.30as used therein shall mean spouse and minor unmarried children under the age of 18 years
73.1and dependent students under the age of 25 years actually dependent upon the employee,
73.2and others as defined by governmental units at their discretion.
73.3 Sec. 102. [471.6175] TRUST FOR POSTEMPLOYMENT BENEFITS.
73.4 Subdivision 1. Authorization; establishment. A political subdivision or other
73.5public entity that creates or has created an actuarial liability to pay postemployment
73.6benefits to employees or officers after their termination of service may establish a trust to
73.7pay those benefits. For purposes of this section, the term "postemployment benefits" means
73.8benefits giving rise to a liability under Statement No. 45 of the Governmental Accounting
73.9Standards Board and the term "trust" means a trust, a trust account, or a custodial account
73.10or contract authorized under section 401(f) of the Internal Revenue Code.
73.11 Subd. 2. Purpose of trust. The trust established under this section may only be
73.12used to pay postemployment benefits and may be either revocable or irrevocable.
73.13 Subd. 3. Trust administrator. The trust administrator of a trust established under
73.14this section shall be either:
73.15 (1) the Public Employees Retirement Association;
73.16 (2) a bank or banking association incorporated under the laws of the United States or
73.17of any state and authorized by the laws under which it is organized to exercise corporate
73.18trust powers; or
73.19 (3) an insurance company or agency qualified to do business in Minnesota which has
73.20at least five years experience in investment products and services for group retirement
73.21benefits and which has a specialized department dedicated to services for retirement
73.22investment products.
73.23 A political subdivision or public entity may, in its discretion and in compliance
73.24with any applicable trust document, change trust administrators and transfer trust assets
73.25accordingly.
73.26 Subd. 4. Account maintenance. A political subdivision or other public entity may
73.27establish a trust account to be held under the supervision of the trust administrator for the
73.28purposes of this section. A trust administrator shall establish a separate account for each
73.29participating political subdivision or public entity. The trust administrator may charge
73.30participating political subdivisions and public entities fees for reasonable administrative
73.31costs. The amount of any fees charged by the Public Employees Retirement Association
73.32is appropriated to the association from the account. A trust administrator may establish
73.33other reasonable terms and conditions for creation and maintenance of these accounts.
73.34The trust administrator must report electronically to the state auditor the portfolio and
74.1performance information specified in section 356.219, subdivision 3, in the manner
74.2prescribed by the state auditor.
74.3 Subd. 5. Investment. (a) The assets of a trust or trust account shall be invested and
74.4held as stipulated in paragraphs (b) to (e).
74.5 (b) The Public Employees Retirement Association must certify all money in the trust
74.6accounts for which it is trust administrator to the State Board of Investment for investment
74.7under section 11A.14, subject to the policies and procedures established by the State
74.8Board of Investment. Investment earnings must be credited to the trust account of the
74.9individual political subdivision or public entity.
74.10 (c) A trust administrator, other than the Public Employees Retirement Association,
74.11must ensure that all money in the trust accounts for which it is trust administrator is
74.12invested by a registered investment adviser, a bank investment trust department, or an
74.13insurance company or agency retirement investment department. Investment earnings
74.14must be credited to the trust account of the individual political subdivision or public entity.
74.15 (d) For trust assets invested by the State Board of Investment, the investment
74.16restrictions shall be the same as those generally applicable to the State Board of
74.17Investment. For trust assets invested by a trust administrator other than the Public
74.18Employees Retirement Association, the assets may only be invested in investments
74.19authorized under chapter 118A or section 356A.06, subdivision 7, in the manner specified
74.20in the applicable trust document.
74.21 (e) A political subdivision or public entity may provide investment direction to a
74.22trust administrator in compliance with any applicable trust document.
74.23 Subd. 6. Limit on deposit. A political subdivision or public entity may not
74.24deposit money in a trust or trust account created pursuant to this section if the total
74.25amount invested by that political subdivision or public entity would exceed the political
74.26subdivision's or public entity's actuarially determined liabilities for postemployment
74.27benefits due to officers and employees, as determined under the applicable standards of the
74.28Governmental Accounting Standards Board.
74.29 Subd. 7. Withdrawal of funds and termination of account. (a) For a revocable
74.30account, a political subdivision or public entity may withdraw some or all of its money
74.31or terminate the trust account for any reason. Money and accrued investment earnings
74.32withdrawn from a revocable account must be deposited in a fund separate and distinct from
74.33any other funds of the political subdivision or public entity. This money, with accrued
74.34investment earnings, must be used to pay legally enforceable postemployment benefits
74.35to former officers and employees, unless (i) there has been a change in state or federal
74.36law affecting that political subdivision's or public entity's liabilities for postemployment
75.1benefits, or (ii) there has been a change in the demographic composition of that political
75.2subdivision's or public entity's employees eligible for postemployment benefits, or (iii)
75.3there has been a change in the provisions or terms of the postemployment benefits in that
75.4political subdivision or public entity including, but not limited to, the portion of the costs
75.5eligible employees must pay to receive the benefits, or (iv) other factors exist that have
75.6a material effect on that political subdivision's or public entity's actuarially determined
75.7liabilities for postemployment benefits, in which event any amount in excess of 100
75.8percent of that political subdivision's or public entity's actuarially determined liabilities for
75.9postemployment benefits, as determined under standards of the Government Accounting
75.10Standards Board, may be withdrawn and used for any purpose.
75.11 (b) For an irrevocable account, a political subdivision or public entity may withdraw
75.12money only:
75.13 (1) as needed to pay postemployment benefits owed to former officers and employees
75.14of the political subdivision or public entity; or
75.15 (2) when all postemployment benefit liability owed to former officers or employees
75.16of the political subdivision or public entity has been satisfied or otherwise defeased.
75.17 (c) A political subdivision or public entity requesting withdrawal of money from
75.18an account created under this section must do so at a time and in the manner required by
75.19the executive director of the Public Employees Retirement Association or specified in an
75.20applicable trust document. The political subdivision or public entity that created the trust
75.21must ensure that withdrawals comply with the requirements of this section.
75.22 (d) The legislature may not divert funds in these trusts or trust accounts for use for
75.23any other purpose.
75.24 Subd. 8. Status of irrevocable trust. (a) All money in an irrevocable trust or
75.25trust account created in this section is held in trust for the exclusive benefit of former
75.26officers and employees of the participating political subdivision or public entity, and are
75.27not subject to claims by creditors of the state, the participating political subdivision or
75.28public entity, the current or former officers and employees of the political subdivision
75.29or public entity, or the trust administrator.
75.30 (b) An irrevocable trust fund or trust account created in this section shall be deemed
75.31an arrangement equivalent to a trust for all legal purposes.
75.32EFFECTIVE DATE.This section is effective the day following final enactment,
75.33and is applicable immediately to all political subdivisions or public entities subject to
75.34Statement No. 45 of the Governmental Accounting Standards Board in 2007, to those
75.35political subdivisions or public entities whose trusts or trust accounts are validated
75.36by section 111, and to those political subdivisions or public entities that have begun
76.1consideration of measures to implement Statement No. 45 in 2007. This section is
76.2applicable on July 1, 2008, for all other political subdivisions or public entities.
76.3 Sec. 103. Minnesota Statutes 2006, section 473.246, is amended to read:
76.4473.246 COUNCIL'S SUBMISSIONS TO
76.5LEGISLATURE.
76.6 The Metropolitan Council shall submit to the
76.7
76.8metropolitan affairs information on the council's tax rates and dollar amounts levied for
76.9the current year, proposed property tax rates and levies, operating and capital budgets,
76.10work program, capital improvement program, and any other information requested by the
76.11
76.12relevant committees.
76.13EFFECTIVE DATE.This section is effective the day following final enactment.
76.14 Sec. 104. Minnesota Statutes 2006, section 477A.014, subdivision 4, is amended to
76.15read:
76.16 Subd. 4. Costs. The director of the Office of Strategic and Long-Range Planning
76.17shall annually bill the commissioner of revenue for one-half of the costs incurred by the
76.18state demographer in the preparation of materials required by section
76.19auditor shall bill the commissioner of revenue for the costs of best practices reviews
76.20and the services provided by the Government Information Division and the parts of the
76.21constitutional office that are related to the government information function, and for
76.22the services provided by the Tax Increment Financing Investment and Finance Division
76.23required by section 469.3201, not to exceed
76.24commissioner of administration shall bill the commissioner of revenue for the costs of
76.25the local government records program and the intergovernmental information systems
76.26activity, not to exceed $205,800 each fiscal year. The commissioner of employee relations
76.27shall bill the commissioner of revenue for the costs of administering the local government
76.28pay equity function, not to exceed $55,000 each fiscal year.
76.29 Sec. 105. Minnesota Statutes 2006, section 491A.02, subdivision 4, is amended to read:
76.30 Subd. 4. Representation. (a) A corporation, partnership, limited liability company,
76.31sole proprietorship, or association may be represented in conciliation court by an officer,
76.32manager, or partner or an agent in the case of a condominium, cooperative, or townhouse
77.1association, or may appoint a natural person who is an employee or commercial property
77.2manager to appear on its behalf or settle a claim in conciliation court. The state or a
77.3political subdivision of the state may be represented in conciliation court by an employee
77.4of the pertinent governmental unit without a written authorization. The state also may be
77.5represented in conciliation court by an employee of the Division of Risk Management of
77.6the Department of Administration without a written authorization. Representation under
77.7this subdivision does not constitute the practice of law for purposes of section
77.8subdivision 8
77.9agent of a condominium, cooperative, or townhouse association, an authorized power
77.10of attorney, corporate authorization resolution, corporate bylaw, or other evidence of
77.11authority acceptable to the court must be filed with the claim or presented at the hearing.
77.12This subdivision also applies to appearances in district court by a corporation or limited
77.13liability company with five or fewer shareholders or members and to any condominium,
77.14cooperative, or townhouse association, if the action was removed from conciliation court.
77.15 (b) "Commercial property manager" means a corporation, partnership, or limited
77.16liability company or its employees who are hired by the owner of commercial real
77.17estate to perform a broad range of administrative duties at the property including tenant
77.18relations matters, leasing, repairs, maintenance, the negotiation and resolution of tenant
77.19disputes, and related matters. In order to appear in conciliation court, a property manager's
77.20employees must possess a real estate license under section
77.21owner of the property to settle all disputes with tenants and others within the jurisdictional
77.22limits of conciliation court.
77.23 (c) A commercial property manager who is appointed to settle a claim in conciliation
77.24court may not charge or collect a separate fee for services rendered under paragraph (a).
77.25 Sec. 106. Minnesota Statutes 2006, section 507.24, subdivision 2, is amended to read:
77.26 Subd. 2. Original signatures required. (a) Unless otherwise provided by law, an
77.27instrument affecting real estate that is to be recorded as provided in this section or other
77.28applicable law must contain the original signatures of the parties who execute it and of the
77.29notary public or other officer taking an acknowledgment. However, a financing statement
77.30that is recorded as a filing pursuant to section
77.31signatures of the debtor or the secured party; or (2) an acknowledgment.
77.32 (b)(1) Any electronic instruments, including signatures and seals, affecting real
77.33estate may only be recorded as part of a pilot project for the electronic filing of real
77.34estate documents implemented by the task force created in Laws 2000, chapter 391, or
77.35by the Electronic Real Estate Recording Task Force created under section
78.1Electronic Real Estate Recording Task Force created under section 507.094 may amend
78.2standards set by the task force created in Laws 2000, chapter 391, and may set new or
78.3additional standards and establish pilot projects to the full extent permitted in section
78.4507.094, subdivision 2, paragraph (b). Documents recorded in conformity with those
78.5standards and in those pilot projects are deemed to meet the requirements of this section.
78.6 (2)(i) A county that participated in the pilot project for the electronic filing of real
78.7estate documents under the task force created in Laws 2000, chapter 391, may continue to
78.8record or file documents electronically, if:
78.9
78.10
78.11 (ii) A county that did not participate in the pilot project may record or file a real
78.12estate document electronically, if:
78.13
78.14for the electronic filing of real estate documents under the task force created in Laws
78.152000, chapter 391;
78.16
78.17
78.18
78.19certification of compliance with paragraph (b), clause (2), of this section by the county
78.20board and county recorder of the county to implement electronic filing under this section.
78.21 (c) Notices filed pursuant to section
78.22contain an acknowledgment.
78.23 Sec. 107. Laws 2006, chapter 253, section 22, subdivision 1, is amended to read:
78.24 Subdivision 1. Genetic information; work group. (a) The commissioner must
78.25create a work group to develop principles for public policy on the use of genetic
78.26information. The work group must include representatives of state government, including
78.27the judicial branch, local government, prosecutors, public defenders, the American Civil
78.28Liberties Union - Minnesota, the Citizens Council on Health Care, the University of
78.29Minnesota Center on Bioethics, the Minnesota Medical Association, the Mayo Clinic
78.30and Foundation, the March of Dimes, and representatives of employers, researchers,
78.31epidemiologists, laboratories, and insurance companies.
78.32 (b) The commissioner of administration and the work group must conduct reviews
78.33of the topics in paragraphs (c) to (f), in light of the issues raised in the report on treatment
78.34of genetic information under state law required by Laws 2005, chapter 163, section 87.
78.35The commissioner must report the results, including any recommendations for legislative
79.1changes, to the chairs of the house Civil Law Committee and the senate Judiciary
79.2Committee and the ranking minority members of those committees by January 15,
79.32009.
79.4 (c) The commissioner and the work group must determine whether changes are
79.5needed in Minnesota Statutes, section
79.6from cancer patients and their relatives.
79.7 (d) The commissioner and the work group must make recommendations whether
79.8all relatives affected by a formal three-generation pedigree created by the Department of
79.9Health should be able to access the entire data set, rather than only allowing individuals
79.10access to the data of which they are the subject.
79.11 (e) The commissioner and the work group must identify, and may make
79.12recommendations among, options for resolving questions of secondary uses of genetic
79.13information.
79.14 (f) The commissioner and the work group must make recommendations whether
79.15legislative changes are needed regarding access to DNA test results and the specimens
79.16used to create the test results held by the Bureau of Criminal Apprehension as part of
79.17a criminal investigation.
79.18 Sec. 108. Laws 2006, chapter 282, article 14, section 5, is amended to read:
| 79.19 79.20 |
Sec. 5. OFFICE OF ADMINISTRATIVE HEARINGS |
320,000 |
|||||
79.22costs associated with the relocation of
79.23offices to St. Paul. The commissioner
79.24of administration shall take all steps as
79.25necessary to complete the renovation of
79.26the Stassen Building for these purposes by
79.27January 1, 2008. Minnesota Statutes, section
79.29the estimated cost of construction exceeds
79.30$2,000,000. This is a onetime appropriation.
79.31This appropriation is available until spent.
79.32Beginning in fiscal year 2009 and for all
79.33fiscal years thereafter, the appropriation base
79.34for the workers' compensation fund for the
79.35Office of Administrative Hearings is reduced
80.1by $297,000 to reflect savings in rent costs
80.2due to the relocation of offices to St. Paul.
80.3 Sec. 109. FORD BUILDING.
80.4 The Ford Building at 117 University Avenue in St. Paul may not be demolished
80.5during the biennium ending June 30, 2009.
80.6 Sec. 110. TASK FORCE.
80.7 Subdivision 1. Creation. A task force is created to work with the Commissioner of
80.8Administration on a disparity study. The task force consists of one member appointed by
80.9and serving at the pleasure of each of the following groups:
80.10 (1) the Council on Asian-Pacific Minnesotans;
80.11 (2) the Council on Black Minnesotans;
80.12 (3) the Council on Affairs of Chicano/Latino people;
80.13 (4) the Indian Affairs Council;
80.14 (5) the Association of Women Contractors; and
80.15 (6) the National Association of Minority Contractors.
80.16 Subd. 2. Consultation and approval. (a) The commissioner must consult with
80.17the task force on the design of the disparity study, the nature of the services sought in a
80.18request for proposals for the study, the criteria that the commissioner will use to evaluate
80.19and select a contractor, and selection of the contractor.
80.20 (b) The commissioner must consult with the task force regarding the commissioner's
80.21interpretation of data obtained through the study, and on the commissioner's
80.22recommendations for any changes in the targeted group purchasing program resulting from
80.23the study. The task force may make its own recommendations before the commissioner
80.24presents the recommendations in a final report. If the commissioner's recommendations
80.25are different from the task force recommendations, the commissioner's report must note
80.26the differences.
80.27 Subd. 3. Support services. The commissioner must provide meeting space and
80.28administrative support to the task force.
80.29 Subd. 4. Expiration. The task force expires at the end of the regular session of the
80.30legislature at which the commissioner presents the results of the targeted group business
80.31disparity study to the legislature.
80.32 Sec. 111. VALIDATION.
81.1 Any trust or trust account or other custodial account or contract authorized under
81.2section 401(f) of the Internal Revenue Code, created prior to June 6, 2006, to pay
81.3postemployment benefits to employees or officers after termination of service, is hereby
81.4validated, may continue in full force and effect, and shall have continuing authority
81.5to accept new funds; however, this section does not validate or correct defects in any
81.6previously created trust document. Any funds held by a validated trust or account
81.7under this section may be invested as provided in Minnesota Statutes, section 471.6175,
81.8subdivision 5. A validated trust or account shall have until January 1, 2008, to bring
81.9its trust documents and procedures into compliance with Minnesota Statutes, section
81.10471.6175.
81.11EFFECTIVE DATE.This section is effective the day following final enactment.
81.12 Sec. 112. REPORT; ACCOUNTING PRINCIPLES.
81.13 By October 15, 2007, the commissioner of finance must provide a report listing
81.14specific areas where state budgeting practices differ from generally accepted accounting
81.15principles and the reasons for those differences. If that difference is a result of direction in
81.16law, the report must include the law causing the difference.
81.17 Sec. 113. BUILDING REPLACEMENT FUNDS.
81.18 In addition to the requirements in Laws 2002, chapter 400, section 13, subdivision 7,
81.19the commissioner of administration shall collect appropriate rent revenues for the Elmer L.
81.20Andersen and Orville L. Freeman buildings to be set aside in a segregated special revenue
81.21fund for deferred maintenance and other extraordinary building repairs. Funds shall be
81.22expended for these purposes as determined by the commissioner.
81.23EFFECTIVE DATE.This section is effective the day following final enactment.
81.24 Sec. 114. COMPENSATION FOR PERIOD OF PARTIAL GOVERNMENT
81.25SHUTDOWN.
81.26 Subdivision 1. Definitions; coverage. For purposes of this section:
81.27 (1) "employee" means a state employee, as defined in Minnesota Statutes, section
81.2843A.02, subdivision 21, who is a state employee on the effective date of this section and
81.29who the commissioner determines was prevented from working because of the partial
81.30government shutdown; and
82.1 (2) "partial government shutdown" means the period from July 1, 2005, through July
82.214, 2005, during which appropriations needed to fund certain state government functions
82.3had not been enacted.
82.4 Subd. 2. Credit for uncompensated hours. A state employee who was previously
82.5compensated in cash or by a credit to the employee's vacation bank for hours the employee
82.6could not work due to the partial government shutdown, must:
82.7 (1) be paid an additional amount equal to the previous payment, if the previous
82.8payment was made in cash; or
82.9 (2) have hours credited to the employee's vacation bank in the same amount as
82.10the previous credit.
82.11EFFECTIVE DATE.This section is effective the day following final enactment.
82.12The commissioner must make payments or credits required by this section within 30
82.13days of the effective date of this section.
82.14 Sec. 115. ELECTRONIC DOCUMENTS STUDY AND REPORT.
82.15 Subdivision 1. Study. The chief information officer of the state shall study
82.16how electronic documents and the mechanisms and processes for accessing and
82.17reading electronic data can be created, maintained, exchanged, and preserved by the
82.18state in a manner that encourages appropriate government control, access, choice,
82.19and interoperability. The study must consider, but not be limited to, the policies of
82.20other states and nations, management guidelines for state archives as they pertain to
82.21electronic documents, public access, expected storage life of electronic documents, costs
82.22of implementation, and savings. The chief information officer shall solicit comments
82.23regarding the creation, maintenance, exchange, and preservation of electronic documents
82.24by the state from stakeholders, including but not limited to the legislative auditor,
82.25the attorney general, the state archivist, the state legislative reference librarian, other
82.26librarians, representatives of the state historical society, and other historians. The chief
82.27information officer shall also solicit comments from members of the public.
82.28 Subd. 2. Report and recommendation. The chief information officer shall
82.29report the officer's findings and recommendations to the chairs of the senate State
82.30and Local Government Operations and Oversight Committee; house Government
82.31Operations, Reform, Technology and Elections Committee; and the senate and house State
82.32Government Finance Divisions by January 15, 2008.
82.33 Sec. 116. LABOR AGREEMENTS AND COMPENSATION PLANS.
83.1 Subdivision 1. Minnesota Law Enforcement Association. The labor agreement
83.2between the state of Minnesota and the Minnesota Law Enforcement Association,
83.3approved by the Legislative Coordinating Commission Subcommittee on Employee
83.4Relations on August 7, 2006, is ratified.
83.5 Subd. 2. Minnesota Nurses Association. The labor agreement between the
83.6state of Minnesota and the Minnesota Nurses Association, approved by the Legislative
83.7Coordinating Commission Subcommittee on Employee Relations on September 18, 2006,
83.8is ratified.
83.9 Subd. 3. Office of Higher Education. The amendments to the compensation
83.10plan for unrepresented employees of the Office of Higher Education, approved by
83.11the Legislative Coordinating Commission Subcommittee on Employee Relations on
83.12September 18, 2006, are ratified.
83.13 Subd. 4. Gambling Control Board. The proposal to increase the salary of the
83.14director of the Gambling Control Board, as approved by the Legislative Coordinating
83.15Commission Subcommittee on Employee Relations on August 7, 2006, is ratified.
83.16 Subd. 5. Public Employees Retirement Association. The proposal to increase
83.17the salary of the director of the Public Employees Retirement Association, as approved
83.18by the Legislative Coordinating Commission Subcommittee on Employee Relations on
83.19March 27, 2007, is ratified.
83.20 Subd. 6. Minnesota State Retirement System. The proposal to increase the
83.21salary of the director of the Minnesota State Retirement System, as approved by the
83.22Legislative Coordinating Commission Subcommittee on Employee Relations on March
83.2327, 2007, is ratified.
83.24 Subd. 7. Teachers Retirement Association. The proposal to increase the salary
83.25of the director of the Teachers Retirement Association, as approved by the Legislative
83.26Coordinating Commission Subcommittee on Employee Relations on March 27, 2007,
83.27is ratified.
83.28EFFECTIVE DATE.This section is effective the day following final enactment.
83.29 Sec. 117. STATE EMPLOYEES ELECTRONIC HEALTH RECORDS PILOT
83.30PROJECT.
83.31 Subdivision 1. Project established. The Minnesota State Colleges and Universities
83.32Board of Trustees (MnSCU), in collaboration with the commissioner of employee relations
83.33shall establish an enterprise-wide pilot project to provide consumer-owned electronic
83.34personal health records to MnSCU employees and all participants in the state employee
83.35group insurance program. If the Department of Employee Relations is abolished, then the
84.1Minnesota State Colleges and Universities Board of Trustees shall work in collaboration
84.2with the commissioner of the department responsible for administration of the state
84.3employee group insurance program.
84.4 Subd. 2. Project goals. The goal of the project is to provide consumer-owned
84.5electronic personal health records that are portable among health care providers, health
84.6plan companies, and employers in order to control costs, improve quality, and enhance
84.7safety, and to demonstrate the feasibility of a statewide health information exchange.
84.8The pilot project shall coordinate to the extent possible with other health information
84.9consumer engagement initiatives in Minnesota designed to support the goal of statewide
84.10health information exchange. The electronic personal health records may provide, but
84.11are not limited to, the following:
84.12 (1) access to electronic medical records;
84.13 (2) prescription and appointment information;
84.14 (3) information regarding health education, public health, and health cost
84.15management; and
84.16 (4) privacy, security, and HIPAA compliance.
84.17 Sec. 118. VALUE-ADDED CONTRACT AUTHORITY.
84.18 (a) The director of the Office of Enterprise Technology, with approval of
84.19the commissioner of finance, may enter into contracts for: (1) development and
84.20implementation of an electronic system for executive branch state agencies to issue
84.21licenses; and (2) development and implementation of an integrated system to support
84.22tax processing, reporting, and enforcement functions. The director must use funds
84.23appropriated by this act for these purposes. In addition, the director may enter into
84.24contracts for these purposes under which the vendor initially pays all or part of the costs,
84.25and the state accounting system does not show an encumbrance for some or all of the
84.26contract liability when the director initially enters into the contracts.
84.27 (b) Before entering into a contract authorized by this section, the director must
84.28prepare, and the commissioner of finance must approve, a plan for how payments will be
84.29made to the vendors under the contracts. If the contracts will involve performance-based
84.30payments to the vendor, the plan must describe the criteria for making those payments. If
84.31the director intends to pay for all or part of the contract from savings generated, the plan
84.32must describe what savings are anticipated, and how the savings will be captured so as to
84.33be available to make payments under the contract. The plan must explain how the total
84.34contract costs relate to the costs anticipated in the governor's budget recommendations
84.35presented to the legislature in 2007.
85.1 (c) The director must present the plan required by paragraph (b) to the chairs of the
85.2house Ways and Means and Finance Committees and the senate Finance Committee when
85.3the director submits the plan to the commissioner of finance for approval. The director
85.4must notify these chairs when the commissioner of finance has approved the plan. This
85.5notice must include any changes from the original plan.
85.6 (d) The director must report to the chairs of the house Ways and Means and Finance
85.7Committees and the senate Finance Committee by January 15 each of the next five years
85.8after entering into a contract authorized under this section. The report must include a
85.9detailed breakdown of how and by whom the contract costs are being paid, and on the cost
85.10savings and service improvements achieved as a result of the contract.
85.11 Sec. 119. PRE-1969 TRA MEMBER GRATUITY PAYMENT.
85.12 (a) $4,100,000 is appropriated to the executive director of the Teachers Retirement
85.13Association for the payment of a gratuity to persons who were teachers as defined in
85.14Minnesota Statutes, section 354.05, subdivision 2, and who rendered teaching service as
85.15defined in Minnesota Statutes, section 354.05, subdivision 3, either during the 1968-1969
85.16school year, but were not covered by the improved money purchase program savings
85.17clause in Minnesota Statutes, section 354.55, subdivision 17, or before the 1968-1969
85.18school year, did not take a refund of member contributions upon the termination of teacher
85.19service, and who were eligible to make an election under Minnesota Statutes 1971, section
85.20354.55, subdivision 8. The payment is intended to reflect the special contribution of
85.21these persons to education and to offset any unfulfilled expectation the person may have
85.22as to potential benefit levels. The gratuity payment amount for each person is $1,000 or
85.23a prorated portion of that amount if, at any time, the executive director of the Teachers
85.24Retirement Association determines that payment of the full amount to the remaining
85.25participants would likely exceed the appropriation.
85.26 (b) The Teachers Retirement Association shall make available to persons eligible to
85.27receive a payment under this section on or before August 1, 2007, an application form.
85.28Filing an application form is a waiver of any legal, equitable, or legislative claim for any
85.29other special consideration and the form must indicate the waiver.
85.30 (c) On August 1, 2007, the Teachers Retirement Association shall determine those
85.31remaining persons who are eligible to receive a payment under this section and who have
85.32not applied for a payment and send to each remaining person, at the person's residence
85.33of record, a state warrant of the full or a prorated payment amount. If the recipient
85.34negotiates the state warrant, that negotiation constitutes a waiver of any legal, equitable,
85.35or legislative claim for any other special consideration as documentation accompanying
86.1the warrant must indicate the waiver. Any warrant under this section expires on August
86.21, 2009, and the amount of any unnegotiated state warrant under this section cancels
86.3to the Teachers Retirement Association.
86.4 Sec. 120. CERTIFICATE OF COMPLIANCE; TEMPORARY PROVISION.
86.5 Subdivision 1. Pay equity. Until July 1, 2008, a business that is not in compliance
86.6with equitable compensation relationship standards under Minnesota Statutes, section
86.743A.50, is making a good faith effort to achieve compliance if the commissioner of
86.8employee relations has approved:
86.9 (1) a statement of the business's intention to prepare a pay equity report and an
86.10estimated date no later than July 1, 2008, when the report and plan will be submitted; and
86.11 (2) information on the business's current status, including a statement on the
86.12existence of a company-wide job evaluation system, the total number of male and female
86.13employees of the business, and the business's interest in receiving training on how to
86.14establish equitable compensation relationships.
86.15 Subd. 2. Report. The commissioner of employee relations shall report to the
86.16legislature by January 31, 2008, on implementation of this section. The report must
86.17include findings and recommendations on any changes needed to ensure that state
86.18contractors achieve equitable compensation relationships.
86.19 Sec. 121. SUSTAINABLE GROWTH WORKING GROUP.
86.20 Subdivision 1. Creation. The sustainable growth working group consists of the
86.21following members:
86.22 (1) two senators, including one member of the minority caucus, appointed by the
86.23Subcommittee on Committees of the Committee on Rules and Administration;
86.24 (2) two members of the house of representatives, one appointed by the speaker
86.25and one appointed by the minority leader;
86.26 (3) commissioners of the following agencies, or their designees: Department of
86.27Natural Resources, Department of Administration, Department of Agriculture, Department
86.28of Commerce, Department of Transportation, Department of Employment and Economic
86.29Development, Minnesota Housing Finance Agency, and the Minnesota Pollution Control
86.30Agency; and the chair of the Metropolitan Council or the chair's designee;
86.31 (4) up to 12 public members who have an interest in promoting sustainable
86.32communities in Minnesota, including up to six public members appointed by the speaker
86.33of the house of representatives and up to six public members appointed by the majority
86.34leader of the senate. The appointing authorities must use their best efforts to include at
87.1least one representative from each of the following sectors: business, environmental,
87.2energy, affordable housing, transportation, local government, planning, and philanthropic.
87.3 The membership of the working group must include balanced representation from
87.4rural, urban, and suburban areas of the state.
87.5 Subd. 2. Duties. The working group must identify strategies, recommendations, and
87.6a process for implementing state-level coordination of state and local policies, programs,
87.7and regulations in the areas of housing, transportation, natural resource preservation,
87.8capital development, economic development, sustainability, and preservation of the
87.9environment. The working group must identify sustainable development principles that
87.10will guide decision making in Minnesota. The working group must gather information
87.11and develop strategies relative to the strategic use of state resources, to be consistent with
87.12statewide goals of sustainable development. The working group must report proposed
87.13strategies, recommendations, and a process for implementation to the legislature and the
87.14governor by February 1, 2008. In its report to the legislature and the governor, the working
87.15group must identify its source of funding.
87.16 Subd. 3. Administrative provisions. (a) The commissioner of administration
87.17must convene the initial meeting. Upon request of the working group, the commissioner
87.18must provide meeting space and administrative services for the group. The Office of
87.19Geographic and Demographic Analysis must provide staff support for the working group.
87.20The members of the working group must elect a chair.
87.21 (b) Members of the working group serve without compensation but may be
87.22reimbursed for expenses under Minnesota Statutes, section 15.059.
87.23 (c) The working group expires June 30, 2008.
87.24 (d) The working group may accept gifts and grants, which are accepted on behalf
87.25of the state and constitute donations to the state. Funds received are appropriated to the
87.26commissioner of administration for purposes of the working group.
87.27 Sec. 122. ASSISTANCE.
87.28 House and senate staff must assist the Legislative Coordinating Commission with
87.29new duties assigned to the commission by this act.
87.30 Sec. 123. TRAINING SERVICES.
87.31 During the biennium ending June 30, 2009, state executive branch agencies must
87.32consider using services provided by government training services before contracting with
87.33other outside vendors for similar services.
88.1 Sec. 124. REPEALER.
88.2Minnesota Statutes 2006, sections 3.884; 3.8841; 6.56, subdivision 1; 16A.102;
88.316B.055, subdivision 3; 16C.055, subdivision 1; 16C.08, subdivision 4a; 69.051,
88.4subdivision 1c; 359.085, subdivision 8; and 645.44, subdivision 19, are repealed.
88.7 Section 1. Minnesota Statutes 2006, section 16C.02, is amended by adding a
88.8subdivision to read:
88.9 Subd. 4a. Best value; construction. For purposes of construction, building,
88.10alteration, improvement, or repair services, "best value" describes the result determined by
88.11a procurement method that considers price and performance criteria, which may include,
88.12but are not limited to:
88.13 (1) the quality of the vendor's or contractor's performance on previous projects;
88.14 (2) the timeliness of the vendor's or contractor's performance on previous projects;
88.15 (3) the level of customer satisfaction with the vendor's or contractor's performance
88.16on previous projects;
88.17 (4) the vendor's or contractor's record of performing previous projects on budget and
88.18ability to minimize cost overruns;
88.19 (5) the vendor's or contractor's ability to minimize change orders;
88.20 (6) the vendor's or contractor's ability to prepare appropriate project plans;
88.21 (7) the vendor's or contractor's technical capacities;
88.22 (8) the individual qualifications of the contractor's key personnel; or
88.23 (9) the vendor's or contractor's ability to assess and minimize risks.
88.24 "Performance on previous projects" does not include the exercise or assertion of a
88.25person's legal rights. This definition does not apply to sections 16C.32, 16C.33, 16C.34,
88.26and 16C.35.
88.27 Sec. 2. Minnesota Statutes 2006, section 16C.02, is amended by adding a subdivision
88.28to read:
88.29 Subd. 20. Vendor. "Vendor" means a business, including a construction contractor
88.30or a natural person, and includes both if the natural person is engaged in a business.
88.31 Sec. 3. Minnesota Statutes 2006, section 16C.03, subdivision 3, is amended to read:
88.32 Subd. 3. Acquisition authority. The commissioner shall acquire all goods, services,
88.33and utilities needed by agencies. The commissioner shall acquire goods, services, and
89.1utilities by requests for bids, requests for proposals, reverse auctions as provided in
89.2section
89.3requires a particular method of acquisition to be used. The commissioner shall make all
89.4decisions regarding acquisition activities. The determination of the acquisition method
89.5and all decisions involved in the acquisition process, unless otherwise provided for by
89.6law, shall be based on best value which includes an evaluation of price and may include
89.7other considerations including, but not limited to, environmental considerations, quality,
89.8and vendor performance. A best value determination must be based on the evaluation
89.9criteria detailed in the solicitation document. If criteria other than price are used, the
89.10solicitation document must state the relative importance of price and other factors.
89.11
89.12
89.13
89.14be rejected. When using the request for bid process, the bid must be awarded to the
89.15lowest responsive and responsible bidder, taking into consideration conformity with
89.16the specifications, terms of delivery, the purpose for which the contract or purchase is
89.17intended, the status and capability of the vendor, and other considerations imposed in the
89.18request for bids. The commissioner may decide which is the lowest responsible bidder
89.19for all purchases and may use the principles of life-cycle costing, where appropriate, in
89.20determining the lowest overall bid. The duties set forth in this subdivision are subject to
89.21delegation pursuant to this section.
89.22 Sec. 4. Minnesota Statutes 2006, section 16C.03, is amended by adding a subdivision
89.23to read:
89.24 Subd. 3a. Acquisition authority; construction contracts. For all building and
89.25construction contracts, the commissioner shall award contracts pursuant to section
89.2616C.28, and "best value" shall be defined and applied as set forth in sections 16C.02,
89.27subdivision 4a and 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).
89.28The duties set forth in this subdivision are subject to delegation pursuant to this section.
89.29The commissioner shall establish procedures for developing and awarding best value
89.30requests for proposals for construction projects. The criteria to be used to evaluate the
89.31proposals must be included in the solicitation document and must be evaluated in an open
89.32and competitive manner.
89.33 Sec. 5. Minnesota Statutes 2006, section 16C.03, is amended by adding a subdivision
89.34to read:
90.1 Subd. 19. Training. Any personnel administering procurement procedures for a
90.2user of best value procurement or any consultant retained by a local unit of government to
90.3prepare or evaluate solicitation documents must be trained, either by the department or
90.4through other training, in the request for proposals process for best value contracting for
90.5construction projects. The commissioner may establish a training program for state and
90.6local officials, and vendors and contractors, on best value procurement for construction
90.7projects, including those governed by section 16C.28. If the commissioner establishes
90.8such a training program, the state may charge a fee for providing training.
90.9 Sec. 6. Minnesota Statutes 2006, section 16C.26, is amended to read:
90.1016C.26 COMPETITIVE BIDS OR PROPOSALS.
90.11 Subdivision 1. Application. Except as otherwise provided by sections 16C.10,
90.13competitive bids or proposals. "Competitive proposals" specifically refers to the method
90.14of procurement described in section 16C.28, subdivision 1, paragraph (a), clause (2).
90.15 Subd. 2. Requirement contracts. Standard requirement price contracts for building
90.16and construction must be established by competitive bids as provided in subdivision 1.
90.17The standard requirement price contracts may contain escalation clauses and may provide
90.18for a negotiated price increase or decrease based upon a demonstrable industrywide or
90.19regional increase or decrease in the vendor's costs or for the addition of similar products or
90.20replacement items not significant to the total value of existing contracts. The term of these
90.21contracts may not exceed five years including all extensions.
90.22 Subd. 3. Publication of notice; expenditures over $25,000. If the amount of an
90.23expenditure is estimated to exceed $25,000, bids or proposals must be solicited by public
90.24notice in a manner designated by the commissioner. To the extent practical, this must
90.25include posting on a state Web site. For expenditures over $50,000, when a call for bids is
90.26issued the commissioner shall solicit sealed bids by providing notices to all prospective
90.27bidders known to the commissioner by posting notice on a state Web site at least seven
90.28days before the final date of submitting bids. All bids over $50,000 must be sealed when
90.29they are received and must be opened in public at the hour stated in the notice. All
90.30proposals responsive to a request for proposals according to section 16C.28, subdivision
90.311, paragraph (a), clause (2), and paragraph (c), shall be submitted and evaluated in the
90.32manner described in the request for proposals, regardless of the dollar amount. All original
90.33bids and proposals and all documents pertaining to the award of a contract must be retained
90.34and made a part of a permanent file or record and remain open to public inspection.
91.1 Subd. 4. Building and construction contracts; $50,000 or less. An informal bid
91.2may be used for building, construction, and repair contracts that are estimated at less than
91.3$50,000. Informal bids must be authenticated by the bidder in a manner specified by the
91.4commissioner. Alternatively, a request for proposals may be issued according to section
91.516C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c), for such contracts.
91.6 Subd. 5. Standard specifications, security. Contracts must be based on the
91.7standard specifications prescribed and enforced by the commissioner under this chapter,
91.8unless otherwise expressly provided or as authorized under section 16C.28, subdivision
91.91, paragraph (a), clause (2), and paragraph (c). Each
91.10contractor must furnish security approved by the commissioner to ensure the making of
91.11the contract being bid for.
91.12 Subd. 6. Noncompetitive bids. Agencies are encouraged to contract with small
91.13targeted group businesses designated under section
91.14that are not subject to competitive bidding procedures.
91.15 Sec. 7. Minnesota Statutes 2006, section 16C.27, subdivision 1, is amended to read:
91.16 Subdivision 1. Single source of supply. Competitive bidding
91.17required for contracts clearly and legitimately limited to a single source of supply, and the
91.18contract price may be best established by direct negotiation.
91.19 Sec. 8. Minnesota Statutes 2006, section 16C.28, is amended to read:
91.2016C.28 CONTRACTS; AWARD.
91.21 Subdivision 1.
91.22building and construction contracts entered into by or under the supervision of the
91.23commissioner or an agency for which competitive bids or proposals are required
91.24
91.25
91.26
91.27
91.28
91.29
91.30
91.31
91.32
91.33either of the following:
92.1 (1) the lowest responsible bidder, taking into consideration conformity with the
92.2specifications, terms of delivery, the purpose for which the contract is intended, the status
92.3and capability of the vendor or contractor, other considerations imposed in the call for
92.4bids, and, where appropriate, principles of life-cycle costing; or
92.5 (2) the vendor or contractor offering the best value, taking into account the
92.6specifications of the request for proposals, the price and performance criteria as set forth
92.7in section 16C.02, subdivision 4a, and described in the solicitation document.
92.8 (b) The vendor or contractor must secure bonding, commercial general insurance
92.9coverage, and workers' compensation insurance coverage under paragraph (a), clause
92.10(1) or (2). The commissioner shall determine whether to use the procurement process
92.11described in paragraph (a), clause (1), or the procurement process described in paragraph
92.12(a), clause (2). If the commissioner uses the method in paragraph (a), clause (2), the head
92.13of the agency shall determine which vendor or contractor offers the best value, subject to
92.14the approval of the commissioner. Any or all bids or proposals may be rejected.
92.15 (c) When using the procurement process described in paragraph (a), clause (2), the
92.16solicitation document must state the relative importance of price and other factors.
92.17 Subd. 1a. Establishment and purpose. (a) The state recognizes the importance of
92.18the inclusion of a best value contracting system for construction as an alternative to the
92.19current low-bid system of procurement. In order to accomplish that goal, state and local
92.20governmental entities shall be able to choose the best value system in different phases.
92.21 (b) "Best value" means the procurement method defined in section 16C.02,
92.22subdivision 4a.
92.23 (c) The following entities are eligible to participate in phase I:
92.24 (1) state agencies;
92.25 (2) counties;
92.26 (3) cities; and
92.27 (4) school districts with the highest 25 percent enrollment of students in the state.
92.28Phase I begins on the effective date of this section.
92.29 (d) The following entities are eligible to participate in phase II:
92.30 (1) those entities included in phase I; and
92.31 (2) school districts with the highest 50 percent enrollment of students in the state.
92.32Phase II begins two years from the effective date of this section.
92.33 (e) The following entities are eligible to participate in phase III:
92.34 (1) all entities included in phases I and II; and
92.35 (2) all other townships, school districts, and political subdivisions in the state.
93.1Phase III begins three years from the effective date of this section.
93.2 (f) The commissioner or any agency for which competitive bids or proposals are
93.3required may not use best value contracting as defined in section 16C.02, subdivision 4a,
93.4for more than one project annually, or 20 percent of its projects, whichever is greater, in
93.5each of the first three fiscal years in which best value construction contracting is used.
93.6 Subd. 2. Alterations and erasures. A bid containing an alteration or erasure of
93.7any price contained in the bid which is used in determining the lowest responsible bid
93.8must be rejected unless the alteration or erasure is corrected in a manner that is clear and
93.9authenticated by an authorized representative of the responder. An alteration or erasure
93.10may be crossed out and the correction printed in ink or typewritten adjacent to it and
93.11initialed by an authorized representative of the responder.
93.12 Subd. 3. Special circumstances. The commissioner may reject the bid or proposal
93.13of any
93.14the state. In the case of identical low bids from two or more bidders, the commissioner
93.15may use negotiated procurement methods with the tied low bidders for that particular
93.16transaction so long as the price paid does not exceed the low tied bid price. The
93.17commissioner may award contracts to more than one
93.18accordance with subdivision 1, if doing so does not decrease the service level or diminish
93.19the effect of competition.
93.20 Subd. 4. Record. A record must be kept of all bids or proposals, including names of
93.21bidders, amounts of bids or proposals, and each successful bid or proposal. This record is
93.22open to public inspection, subject to section 13.591 and other applicable law.
93.23 Subd. 5. Preferences not cumulative. The preferences under sections
93.25of preference granted on a contract may not exceed the highest percentage of preference
93.26allowed for that contract under any one of those sections.
93.27 Sec. 9. Minnesota Statutes 2006, section 103D.811, subdivision 3, is amended to read:
93.28 Subd. 3. Awarding of contract. (a) At a time and place specified in the bid notice,
93.29the managers may accept or reject any or all bids and may award the contract to the lowest
93.30responsible bidder. The bidder to whom the contract is to be awarded must give a bond,
93.31with ample security, conditioned by satisfactory completion of the contract.
93.32 (b) Bids must not be considered which in the aggregate exceed by more than 30
93.33percent the total estimated cost of construction or implementation.
93.34 (c) As an alternative to the procurement method described in paragraph (a), the
93.35managers may issue a request for proposals and award the contract to the vendor or
94.1contractor offering the best value as described in section 16C.28, subdivision 1, paragraph
94.2(a), clause (2), and paragraph (c).
94.3 (d) The contract must be in writing and be accompanied by or refer to the plans and
94.4specifications for the work to be done as prepared by the engineer for the watershed
94.5district. The plans and specifications shall become a part of the contract.
94.6
94.7secretary, and contractor.
94.8 Sec. 10. Minnesota Statutes 2006, section 103E.505, subdivision 5, is amended to read:
94.9 Subd. 5. How contract may be awarded. The contract may be awarded in one
94.10job, in sections, or separately for labor and material and
94.11responsible bidder. Alternatively, the contract may be awarded to the vendor or contractor
94.12offering the best value under a request for proposals as described in section 16C.28,
94.13subdivision 1, paragraph (a), clause (2), and paragraph (c).
94.14 Sec. 11. Minnesota Statutes 2006, section 116A.13, subdivision 5, is amended to read:
94.15 Subd. 5. How job may be let. The job may be let in one job, or in sections, or
94.16separately for labor and material, and
94.17bidders therefor. Alternatively, the contract may be awarded to the vendor or contractor
94.18offering the best value under a request for proposals as described in section 16C.28,
94.19subdivision 1, paragraph (a), clause (2), and paragraph (c).
94.20 Sec. 12. Minnesota Statutes 2006, section 123B.52, subdivision 1, is amended to read:
94.21 Subdivision 1. Contracts. A contract for work or labor, or for the purchase of
94.22furniture, fixtures, or other property, except books registered under the copyright laws, or
94.23for the construction or repair of school houses, the estimated cost or value of which shall
94.24exceed that specified in section
94.25board without first advertising for bids or proposals by two weeks' published notice in the
94.26official newspaper. This notice must state the time and place of receiving bids and contain
94.27a brief description of the subject matter.
94.28 Additional publication in the official newspaper or elsewhere may be made as the
94.29board shall deem necessary.
94.30 After taking into consideration conformity with the specifications, terms of delivery,
94.31and other conditions imposed in the call for bids, every such contract for which a call for
94.32bids has been issued must be awarded to the lowest responsible bidder, be duly executed
94.33in writing, and be otherwise conditioned as required by law. The person to whom the
95.1contract is awarded shall give a sufficient bond to the board for its faithful performance.
95.2Notwithstanding section
95.3to the purchase of a finished tangible product, a board may require, at its discretion, a
95.4performance bond of a contractor in the amount the board considers necessary. A record
95.5must be kept of all bids, with names of bidders and amount of bids, and with the successful
95.6bid indicated thereon. A bid containing an alteration or erasure of any price contained in
95.7the bid which is used in determining the lowest responsible bid must be rejected unless the
95.8alteration or erasure is corrected as provided in this section. An alteration or erasure may
95.9be crossed out and the correction thereof printed in ink or typewritten adjacent thereto and
95.10initialed in ink by the person signing the bid. In the case of identical low bids from two or
95.11more bidders, the board may, at its discretion, utilize negotiated procurement methods
95.12with the tied low bidders for that particular transaction, so long as the price paid does not
95.13exceed the low tied bid price. In the case where only a single bid is received, the board
95.14may, at its discretion, negotiate a mutually agreeable contract with the bidder so long as
95.15the price paid does not exceed the original bid. If no satisfactory bid is received, the
95.16board may readvertise. Standard requirement price contracts established for supplies or
95.17services to be purchased by the district must be established by competitive bids. Such
95.18standard requirement price contracts may contain escalation clauses and may provide for a
95.19negotiated price increase or decrease based upon a demonstrable industrywide or regional
95.20increase or decrease in the vendor's costs. Either party to the contract may request that the
95.21other party demonstrate such increase or decrease. The term of such contracts must not
95.22exceed two years with an option on the part of the district to renew for an additional two
95.23years. Contracts for the purchase of perishable food items, except milk for school lunches
95.24and vocational training programs, in any amount may be made by direct negotiation
95.25by obtaining two or more written quotations for the purchase or sale, when possible,
95.26without advertising for bids or otherwise complying with the requirements of this section
95.27or section
95.28period of at least one year after receipt.
95.29 Every contract made without compliance with the provisions of this section shall be
95.30void. Except in the case of the destruction of buildings or injury thereto, where the public
95.31interest would suffer by delay, contracts for repairs may be made without advertising
95.32for bids.
95.33 Sec. 13. Minnesota Statutes 2006, section 123B.52, is amended by adding a
95.34subdivision to read:
96.1 Subd. 1b. Best value alternative. As an alternative to the procurement method
96.2described in subdivision 1, a contract for construction, building, alteration, improvement,
96.3or repair work may be awarded to the vendor or contractor offering the best value under a
96.4request for proposals as described in section 16C.28, subdivision 1, paragraph (a), clause
96.5(2), and paragraph (c).
96.6 Sec. 14. Minnesota Statutes 2006, section 160.17, is amended by adding a subdivision
96.7to read:
96.8 Subd. 2a. Best value alternative. As an alternative to the procurement method
96.9referenced in subdivision 2, counties or towns may issue a request for proposal and award
96.10the contract to the vendor or contractor offering the best value as described in section
96.1116C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).
96.12 Sec. 15. Minnesota Statutes 2006, section 160.262, is amended by adding a subdivision
96.13to read:
96.14 Subd. 5. Best value alternative. As an alternative to the procurement method
96.15described in subdivision 4, the commissioner may allow for the award of design-build
96.16contracts for the projects described in subdivision 4 to the vendor or contractor offering
96.17the best value under a request for proposals as described in section 16C.28, subdivision 1,
96.18paragraph (a), clause (2), and paragraph (c).
96.19 Sec. 16. Minnesota Statutes 2006, section 161.32, is amended by adding a subdivision
96.20to read:
96.21 Subd. 1f. Best value alternative. As an alternative to the procurement method
96.22described in subdivisions 1a to 1e, the commissioner may issue a request for proposals
96.23and award the contract to the vendor or contractor offering the best value as described in
96.24section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).
96.25 Sec. 17. [161.3206] BEST VALUE CONTRACTING AUTHORITY.
96.26 Notwithstanding sections 16C.25, 161.32, and 161.321, or any other law to the
96.27contrary, the commissioner may solicit and award all contracts, other than design-build
96.28contracts governed by section 161.3412, for a project on the basis of a best value selection
96.29process as defined in section 16C.02, subdivision 4a. Section 16C.08 does not apply
96.30to this section.
96.31 Sec. 18. Minnesota Statutes 2006, section 161.3412, subdivision 1, is amended to read:
97.1 Subdivision 1. Best value selection for design-build contracts. Notwithstanding
97.2sections
97.3may solicit and award a design-build contract for a project on the basis of a best value
97.4selection process. Section
97.5commissioner is a party.
97.6 Sec. 19. Minnesota Statutes 2006, section 161.38, subdivision 4, is amended to read:
97.7 Subd. 4. Effects on other law of public contract with commissioner. Whenever
97.8the road authority of any city enters into an agreement with the commissioner pursuant
97.9to this section, and a portion of the cost is to be assessed against benefited property,
97.10the letting of a public contract by the commissioner for the work shall be deemed to
97.11comply with statutory or charter provisions requiring the city (1) to advertise for bids
97.12before awarding a contract for a public improvement, (2) to let the contract to the lowest
97.13responsible bidder or to the vendor or contractor offering the best value, and (3) to require
97.14a performance bond to be filed by the contractor before undertaking the work. The
97.15contract so let by the commissioner and the performance bond required of the contractor
97.16by the commissioner shall be considered to be the contract and bond of the city for the
97.17purposes of complying with the requirements of any applicable law or charter provision,
97.18and the bond shall inure to the benefit of the city and operate for their protection to the
97.19same extent as though they were parties thereto.
97.20 Sec. 20. Minnesota Statutes 2006, section 365.37, is amended by adding a subdivision
97.21to read:
97.22 Subd. 2a. Best value alternative. As an alternative to the procurement method
97.23described in subdivision 2, a contract for construction, building, alteration, improvement,
97.24or repair work may be awarded to the vendor or contractor offering the best value under a
97.25request for proposals as described in section 16C.28, subdivision 1, paragraph (a), clause
97.26(2), and paragraph (c).
97.27 Sec. 21. Minnesota Statutes 2006, section 374.13, is amended to read:
97.28374.13 TO ADVERTISE FOR BIDS.
97.29 Subdivision 1. Bidding process. When the plans and specifications are completed
97.30and approved by the city council and the county board, the commission shall, after notice
97.31appropriate to inform possible bidders, obtain bids or proposals for all or any portion of
97.32the work or materials, or both, to be done, performed, or furnished in the construction of
97.33the building. All bids or proposals shall be sealed by the bidders or proposers and filed
98.1with the commission at or before the time specified for the opening of bids or proposals.
98.2At the time and place specified for the opening of bids or proposals, the commission shall
98.3meet, open the bids or proposals, tabulate them, and award the contract or contracts to the
98.4responsible bidder whose bid or proposal is the most favorable to the city or county, or
98.5reject all bids and proposals. If all bids or proposals are rejected, the commission may,
98.6after similar notice, obtain more bids or proposals or may modify or change the plans and
98.7specifications and submit the modified plans and specifications to the city council and the
98.8county board for approval. When the modified or changed plans and specifications are
98.9satisfactory to both the city council and the county board, the plans and specifications
98.10shall be returned to the commission and the commission shall proceed again, after similar
98.11notice, to obtain bids or proposals. Any contract awarded by the commission shall be
98.12subject to approval by the city council and the county board.
98.13 Subd. 2. Best value alternative. As an alternative to the procurement method
98.14described in subdivision 1, the commission may issue a request for proposals and award
98.15the contract to the vendor or contractor offering the best value as described in section
98.1616C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).
98.17 Sec. 22. Minnesota Statutes 2006, section 375.21, is amended by adding a subdivision
98.18to read:
98.19 Subd. 1b. Best value alternative. As an alternative to the procurement method
98.20described in subdivision 1, a county board may award a contract for construction, building,
98.21alteration, improvement, or repair work to the vendor or contractor offering the best value
98.22under a request for proposals as described in section 16C.28, subdivision 1, paragraph
98.23(a), clause (2), and paragraph (c).
98.24 Sec. 23. Minnesota Statutes 2006, section 383C.094, is amended by adding a
98.25subdivision to read:
98.26 Subd. 1a. Contracts in excess of $500; best value alternative. As an alternative to
98.27the procurement method described in subdivision 1, the contract may be awarded to the
98.28vendor or contractor offering the best value under a request for proposals as described in
98.29section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).
98.30 Sec. 24. Minnesota Statutes 2006, section 412.311, is amended to read:
98.31412.311 CONTRACTS.
98.32 Subdivision 1. Lowest responsible bidder. Except as provided in sections
98.33to
99.1made by the council. Whenever the amount of a contract for the purchase of merchandise,
99.2materials or equipment or for any kind of construction work undertaken by the city is
99.3estimated to exceed the amount specified by section
99.4shall be let to the lowest responsible bidder, after notice has been published once in the
99.5official newspaper at least ten days in advance of the last day for the submission of bids. If
99.6the amount of the contract exceeds $1,000, it shall be entered into only after compliance
99.7with section
99.8 Subd. 2. Best value alternative. As an alternative to the procurement method
99.9described in subdivision 1, a contract for construction, building, alteration, improvement,
99.10or repair work may be awarded to the vendor or contractor offering the best value under a
99.11request for proposals as described in section 16C.28, subdivision 1, paragraph (a), clause
99.12(2), and paragraph (c).
99.13 Sec. 25. Minnesota Statutes 2006, section 429.041, is amended by adding a subdivision
99.14to read:
99.15 Subd. 2a. Best value alternative. As an alternative to the procurement method
99.16described in subdivision 2, the council may issue a request for proposals and award the
99.17contract to the vendor or contractor offering the best value as described in section 16C.28,
99.18subdivision 1, paragraph (a), clause (2), and paragraph (c).
99.19 Sec. 26. Minnesota Statutes 2006, section 458D.21, is amended by adding a
99.20subdivision to read:
99.21 Subd. 2a. Contracts in excess of $5,000; best value alternative. As an alternative
99.22to the procurement method described in subdivision 2, the board may issue a request for
99.23proposals and award the contract to the vendor or contractor offering the best value as
99.24described in section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).
99.25 Sec. 27. Minnesota Statutes 2006, section 469.015, is amended by adding a subdivision
99.26to read:
99.27 Subd. 1a. Best value alternative. As an alternative to the procurement method
99.28described in subdivision 1, the authority may issue a request for proposals and award the
99.29contract to the vendor or contractor offering the best value under a request for proposals as
99.30described in section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).
99.31 Sec. 28. Minnesota Statutes 2006, section 469.068, subdivision 1, is amended to read:
100.1 Subdivision 1. Contracts; bids; bonds. All construction work and every purchase
100.2of equipment, supplies, or materials necessary in carrying out the purposes of sections
100.4contract as provided in this subdivision or in subdivision 1a. Before receiving bids under
100.5sections
100.6weeks in the official newspaper of the port's city, a notice that bids will be received for the
100.7construction work, or purchase of equipment, supplies, or materials. The notice shall state
100.8the nature of the work, and the terms and conditions upon which the contract is to be let
100.9and name a time and place where the bids will be received, opened, and read publicly,
100.10which time shall be not less than seven days after the date of the last publication. After
100.11the bids have been received, opened, read publicly, and recorded, the commissioners
100.12shall award the contract to the lowest responsible bidder, reserving the right to reject
100.13any or all bids. The contract shall be executed in writing and the person to whom the
100.14contract is awarded shall give sufficient bond to the board for its faithful performance. If
100.15no satisfactory bid is received, the port authority may readvertise, or, by an affirmative
100.16vote of two of its commissioners in the case of a three-member commission, or five of
100.17its members in the case of a seven-member commission, may authorize the authority
100.18to perform any part or parts of any construction work by day labor under conditions it
100.19prescribes. The commissioners may establish reasonable qualifications to determine
100.20the fitness and responsibility of bidders, and require bidders to meet the qualifications
100.21before bids are accepted. If the commissioners by a two-thirds or five-sevenths vote
100.22declare that an emergency exists requiring the immediate purchase of any equipment or
100.23material or supplies at a cost in excess of $1,000, but not exceeding $5,000, in amount,
100.24or making of emergency repairs, it shall not be necessary to advertise for bids, but the
100.25material, equipment, or supplies may be purchased in the open market at the lowest price
100.26obtainable, or the emergency repairs may be contracted for or performed without securing
100.27formal competitive bids. An emergency, for purposes of this section, is unforeseen
100.28circumstances or conditions which result in the jeopardizing of human life or property.
100.29 In all contracts involving the employment of labor, the commissioners shall stipulate
100.30conditions they deem reasonable, as to the hours of labor and wages and may stipulate as
100.31to the residence of employees to be employed by the contractors.
100.32 Bonds shall be required from contractors for any works of construction as provided
100.33in and subject to all the provisions of sections
100.34 Sec. 29. Minnesota Statutes 2006, section 469.068, is amended by adding a subdivision
100.35to read:
101.1 Subd. 1a. Contracts; best value alternative. As an alternative to the procurement
101.2method described in subdivision 1, a contract may be awarded to the vendor or contractor
101.3offering the best value under a request for proposals as described in section 16C.28,
101.4subdivision 1, paragraph (a), clause (2), and paragraph (c).
101.5 Sec. 30. Minnesota Statutes 2006, section 471.345, is amended by adding a subdivision
101.6to read:
101.7 Subd. 3a. Contracts over $50,000; best value alternative. As an alternative to the
101.8procurement method described in subdivision 3, municipalities may award a contract for
101.9construction, alteration, repair, or maintenance work to the vendor or contractor offering
101.10the best value under a request for proposals as described in section 16C.28, subdivision 1,
101.11paragraph (a), clause (2), and paragraph (c).
101.12 Sec. 31. Minnesota Statutes 2006, section 471.345, is amended by adding a subdivision
101.13to read:
101.14 Subd. 4a. Contracts from $10,000 to $50,000; best value alternative. As an
101.15alternative to the procurement method described in subdivision 4, municipalities may
101.16award a contract for construction, alteration, repair, or maintenance work to the vendor or
101.17contractor offering the best value under a request for proposals as described in section
101.1816C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).
101.19 Sec. 32. Minnesota Statutes 2006, section 471.345, subdivision 5, is amended to read:
101.20 Subd. 5. Contracts less than $10,000. If the amount of the contract is estimated
101.21to be $10,000 or less, the contract may be made either upon quotation or in the open
101.22market, in the discretion of the governing body. If the contract is made upon quotation
101.23it shall be based, so far as practicable, on at least two quotations which shall be kept on
101.24file for a period of at least one year after their receipt. Alternatively, municipalities may
101.25award a contract for construction, alteration, repair, or maintenance work to the vendor or
101.26contractor offering the best value under a request for proposals as described in section
101.2716C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).
101.28 Sec. 33. Minnesota Statutes 2006, section 473.523, is amended by adding a subdivision
101.29to read:
101.30 Subd. 1a. Contracts over $50,000; best value alternative. As an alternative to
101.31the procurement method described in subdivision 1, the council may issue a request for
101.32proposals and award the contract to the vendor or contractor offering the best value
102.1under a request for proposals as described in section 16C.28, subdivision 1, paragraph
102.2(a), clause (2), and paragraph (c).
102.3 Sec. 34. Minnesota Statutes 2006, section 473.756, subdivision 12, is amended to read:
102.4 Subd. 12. Contracts. The authority may enter into a development agreement with
102.5the team, the county, or any other entity relating to the construction, financing, and use of
102.6the ballpark and related facilities and public infrastructure. The authority may contract
102.7for materials, supplies, and equipment in accordance with sections
102.8except that the authority, with the consent of the county, may employ or contract with
102.9persons, firms, or corporations to perform one or more or all of the functions of architect,
102.10engineer, or construction manager with respect to all or any part of the ballpark and
102.11public infrastructure. Alternatively, at the request of the team and with the consent of the
102.12county, the authority shall authorize the team to provide for the design and construction
102.13of the ballpark and related public infrastructure, subject to terms of Laws 2006, chapter
102.14257. The construction manager may enter into contracts with contractors for labor,
102.15materials, supplies, and equipment for the construction of the ballpark and related public
102.16infrastructure through the process of public bidding, except that the construction manager
102.17may, with the consent of the authority or the team:
102.18 (1) narrow the listing of eligible bidders to those which the construction manager
102.19determines to possess sufficient expertise to perform the intended functions;
102.20 (2) award contracts to the contractors that the construction manager determines
102.21provide the best value under a request for proposals as described in section 16C.28,
102.22subdivision 1, paragraph (a), clause (2), and paragraph (c), which are not required to be
102.23the lowest responsible bidder; and
102.24 (3) for work the construction manager determines to be critical to the completion
102.25schedule, award contracts on the basis of competitive proposals or perform work with
102.26its own forces without soliciting competitive bids if the construction manager provides
102.27evidence of competitive pricing.
102.28The authority shall require that the construction manager certify, before the contract is
102.29signed, a fixed and stipulated construction price and completion date to the authority
102.30and post a performance bond in an amount at least equal to 100 percent of the certified
102.31price, to cover any costs which may be incurred in excess of the certified price, including
102.32but not limited to costs incurred by the authority or loss of revenues resulting from
102.33incomplete construction on the completion date. The authority may secure surety bonds
102.34as provided in section
102.35public work undertaken by it. Persons entitled to the protection of the bonds may enforce
103.1them as provided in sections
103.2property of the authority under the provisions of sections
103.3construction and operation of the ballpark must include programs, including Youthbuild,
103.4to provide for participation by small local businesses and businesses owned by people of
103.5color, and the inclusion of women and people of color in the workforces of contractors
103.6and ballpark operators. The construction of the ballpark is a "project" as that term is
103.7defined in section
103.8sections
103.11 Section 1. Minnesota Statutes 2006, section 200.02, subdivision 7, is amended to read:
103.12 Subd. 7. Major political party. (a) "Major political party" means a political party
103.13that maintains a party organization in the state, political division, or precinct in question
103.14and that has presented at least one candidate for election to the office of:
103.15 (1) governor and lieutenant governor, secretary of state, state auditor, or attorney
103.16general at the last preceding state general election for those offices; or
103.17 (2) presidential elector or U.S. senator at the last preceding state general election for
103.18presidential electors; and
103.19 whose candidate received votes in each county in that election and received votes
103.20from not less than five percent of the total number of individuals who voted in that election.
103.21 (b) "Major political party" also means a political party that maintains a party
103.22organization in the state, political subdivision, or precinct in question and that has
103.23presented at least 45 candidates for election to the office of state representative, 23
103.24candidates for election to the office of state senator, four candidates for election to
103.25the office of representative in Congress, and one candidate for election to each of the
103.26following offices: governor and lieutenant governor, attorney general, secretary of state,
103.27and state auditor, at the last preceding state general election for those offices.
103.28 (c) "Major political party" also means a political party that maintains a party
103.29organization in the state, political subdivision, or precinct in question and whose members
103.30present to the secretary of state
103.31
103.32on the state partisan primary ballot, which petition contains signatures of a number of
103.33the party members equal to at least five percent of the total number of individuals who
103.34voted 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 (d) A political party whose candidate receives a sufficient number of votes at a state
104.4general election described in paragraph (a) or a political party that presents candidates at
104.5an election as required by paragraph (b) becomes a major political party as of January
104.61 following that election and retains its major party status for at least two state general
104.7elections even if the party fails to present a candidate who receives the number and
104.8percentage of votes required under paragraph (a) or fails to present candidates as required
104.9by paragraph (b) at subsequent state general elections.
104.10 (e) A major political party whose candidates fail to receive the number and
104.11percentage of votes required under paragraph (a) and that fails to present candidates as
104.12required by paragraph (b) at each of two consecutive state general elections described by
104.13paragraph (a) or (b), respectively, loses major party status as of December 31 following
104.14the later of the two consecutive state general elections.
104.15 Sec. 2. Minnesota Statutes 2006, section 200.02, subdivision 23, is amended to read:
104.16 Subd. 23. Minor political party. (a) "Minor political party" means a political party
104.17that has adopted a state constitution, designated a state party chair, held a state convention
104.18in the last two years, filed with the secretary of state no later than December 31 following
104.19the most recent state general election a certification that the party has met the foregoing
104.20requirements, and met the requirements of paragraph (b) or (e), as applicable.
104.21 (b) To be considered a minor party in all elections statewide, the political party must
104.22have presented at least one candidate for election to the office of:
104.23 (1) governor and lieutenant governor, secretary of state, state auditor, or attorney
104.24general, at the last preceding state general election for those offices; or
104.25 (2) presidential elector or U.S. senator at the preceding state general election for
104.26presidential electors; and
104.27 who received votes in each county that in the aggregate equal at least one percent
104.28of the total number of individuals who voted in the election, or its members must have
104.29presented to the secretary of state
104.30
104.31petition in a form prescribed by the secretary of state containing the signatures of party
104.32members in a number equal to at least one percent of the total number of individuals who
104.33voted in the preceding state general election. The petition may be circulated at any time
104.34after January 1 and more than six weeks before the start of the filing period in the year
104.35the petition is submitted.
105.1 (c) A political party whose candidate receives a sufficient number of votes at a
105.2state general election described in paragraph (b) becomes a minor political party as of
105.3January 1 following that election and retains its minor party status for at least two state
105.4general elections even if the party fails to present a candidate who receives the number
105.5and percentage of votes required under paragraph (b) at subsequent state general elections.
105.6 (d) A minor political party whose candidates fail to receive the number and
105.7percentage of votes required under paragraph (b) at each of two consecutive state general
105.8elections described by paragraph (b) loses minor party status as of December 31 following
105.9the later of the two consecutive state general elections.
105.10 (e) A minor party that qualifies to be a major party loses its status as a minor party
105.11at the time it becomes a major party. Votes received by the candidates of a major party
105.12must be counted in determining whether the party received sufficient votes to qualify as
105.13a minor party, notwithstanding that the party does not receive sufficient votes to retain
105.14its major party status. To be considered a minor party in an election in a legislative
105.15district, the political party must have presented at least one candidate for a legislative
105.16office in that district who received votes from at least ten percent of the total number of
105.17individuals who voted for that office, or its members must have presented to the secretary
105.18of state a nominating petition in a form prescribed by the secretary of state containing the
105.19signatures of party members in a number equal to at least ten percent of the total number
105.20of individuals who voted in the preceding state general election for that legislative office.
105.21 Sec. 3. Minnesota Statutes 2006, section 201.016, subdivision 1a, is amended to read:
105.22 Subd. 1a. Violations; penalty. (a) The county auditor shall mail a violation notice
105.23to any voter who the county auditor can determine has voted
105.24
105.25election day. The notice must be in the form provided by the secretary of state. The
105.26county auditor shall also change the status of the voter in the statewide registration system
105.27to "challenged" and the voter shall be required to provide proof of residence to either the
105.28county auditor or to the election judges in the voter's precinct before voting in the next
105.29election. Any of the forms authorized by section
105.30place may be used for this purpose.
105.31 (b) A voter who votes in a precinct other than the precinct in which the voter
105.32maintains residence after receiving an initial violation notice as provided in this
105.33subdivision is guilty of a petty misdemeanor.
106.1 (c) A voter who votes in a precinct other than the precinct in which the voter
106.2maintains residence after having been found to have committed a petty misdemeanor
106.3under paragraph (b) is guilty of a misdemeanor.
106.4 (d) Reliance by the voter on inaccurate information regarding the location of the
106.5voter's polling place provided by the state, county, or municipality is an affirmative
106.6defense to a prosecution under this subdivision.
106.7 Sec. 4. Minnesota Statutes 2006, section 201.056, is amended to read:
106.8201.056 SIGNATURE OF REGISTERED VOTER; MARKS ALLOWED.
106.9 An individual who is unable to write the individual's name shall be required to sign a
106.10registration
106.11section 645.44, subdivision 14. If the individual registers in person and signs by making
106.12a mark, the clerk or election judge accepting the registration shall certify the mark by
106.13signing the individual's name. If the individual registers by mail and signs by making a
106.14mark, the mark shall be certified by having a voter registered in the individual's precinct
106.15sign the individual's name and the voter's own name and give the voter's own address.
106.16 Sec. 5. Minnesota Statutes 2006, section 201.061, subdivision 1, is amended to read:
106.17 Subdivision 1. Prior to election day. At any time except during the 20 days
106.18immediately preceding any regularly scheduled election, an eligible voter or any
106.19individual who will be an eligible voter at the time of the next election may register to
106.20vote in the precinct in which the voter maintains residence by completing a paper voter
106.21registration application as described in section
106.22it in person or by mail to the county auditor of that county or to the Secretary of State's
106.23Office. If the Web site maintained by the secretary of state provides, an individual who has
106.24a Minnesota driver's license, identification card, or learner's permit may register online.
106.25A registration that is received no later than 5:00 p.m. on the 21st day preceding any
106.26election shall be accepted. An improperly addressed or delivered registration application
106.27shall be forwarded within two working days after receipt to the county auditor of the
106.28county where the voter maintains residence. A state or local agency or an individual that
106.29accepts completed voter registration applications from a voter must submit the completed
106.30applications to the secretary of state or the appropriate county auditor within ten business
106.31days after the applications are dated by the voter.
106.32 For purposes of this section, mail registration is defined as a voter registration
106.33application delivered to the secretary of state, county auditor, or municipal clerk by the
106.34United States Postal Service or a commercial carrier.
107.1 Sec. 6. Minnesota Statutes 2006, section 201.061, is amended by adding a subdivision
107.2to read:
107.3 Subd. 1b. Prohibited methods of compensation; penalty. (a) No individual
107.4may be compensated for the solicitation, collection, or acceptance of voter registration
107.5applications from voters for submission to the secretary of state, a county auditor, or other
107.6local election official in a manner in which payment is calculated by multiplying (1)
107.7either a set or variable payment rate, by (2) the number of voter registration applications
107.8solicited, collected, or accepted.
107.9 (b) No individual may be deprived of compensation or have compensation
107.10automatically reduced exclusively for failure to solicit, collect, or accept a minimum
107.11number of voter registration applications and no individual may receive additional
107.12compensation for reaching or exceeding a minimum number of voter registration
107.13applications.
107.14 (c) A person who violates this subdivision is guilty of a petty misdemeanor.
107.15 Sec. 7. Minnesota Statutes 2006, section 201.061, subdivision 3, is amended to read:
107.16 Subd. 3. Election day registration. (a) The definitions in this paragraph apply
107.17to this subdivision:
107.18 (1) "current utility bill" means a utility bill dated within 30 days before the election
107.19day or due within 30 days before or after the election;
107.20 (2) "photo identification" means identification that displays the name and photo
107.21of an individual and that was issued by:
107.22 (i) another state for use as a driver's license or identification card;
107.23 (ii) a Minnesota college, university, or other postsecondary educational institution or
107.24high school as a student identification card; or
107.25 (iii) a tribal government of a tribe recognized by the Bureau of Indian Affairs, United
107.26States Department of the Interior;
107.27 (3) "residential facility" means transitional housing as defined in section
107.28subdivision 1
107.29section
107.305
107.31establishment as defined in section
107.32the board of directors of the Minnesota Veterans Homes under chapter 198; a residence
107.33licensed by the commissioner of human services to provide a residential program as
107.34defined in section
107.35developmental disability licensed by the commissioner of human services under section
108.1
108.2for battered women as defined in section
108.3publicly or privately operated shelter or dwelling designed to provide temporary living
108.4accommodations for the homeless; and
108.5 (4) "utility bill" means a written or electronic bill for gas, electricity, telephone,
108.6wireless telephone, cable television, satellite television, solid waste, water, sewer services,
108.7or an itemized rent statement.
108.8 (b) An individual who is eligible to vote may register on election day by appearing
108.9in person at the polling place for the precinct in which the individual maintains residence,
108.10by completing a registration application, making an oath in the form prescribed by the
108.11secretary of state and providing proof of residence. An individual may prove residence for
108.12purposes of registering by:
108.13 (1) presenting a driver's license or Minnesota identification card issued pursuant
108.14to section
108.15 (2) presenting:
108.16 (i) a photo identification; and
108.17 (ii) a current utility bill or lease, showing the individual's name and valid residential
108.18address in the precinct;
108.19 (3) presenting an identification card issued by the tribal government of a tribe
108.20recognized by the Bureau of Indian Affairs, United States Department of the Interior, that
108.21contains the name, address, signature, and picture of the individual;
108.22
108.23identification;
108.24
108.25 (i) a current valid student identification card from a postsecondary educational
108.26institution in Minnesota, if a list of students from that institution has been prepared under
108.27section
108.28the secretary of state; or
108.29 (ii) a current student fee statement that contains the student's valid address in the
108.30precinct together with a
108.31
108.32employee employed by and working in a residential facility in the precinct and vouching
108.33for a resident in the facility, sign an oath in the presence of the election judge vouching that
108.34the voter or employee personally knows that the individual is a resident of the precinct. A
108.35voter who has been vouched for on election day may not sign a proof of residence oath
108.36vouching for any other individual on that election day. A voter who is registered to vote
109.1in the precinct may sign up to 15 proof-of-residence oaths on any election day. This
109.2limitation does not apply to an employee of a residential facility described in this clause.
109.3 (ii) The secretary of state shall provide a form for election judges to use in recording
109.4the number of individuals for whom a voter signs proof-of-residence oaths on election
109.5day. The form must include space for the maximum number of individuals for whom a
109.6voter may sign proof-of-residence oaths. For each proof-of-residence oath, the form
109.7must include a statement that the voter is registered to vote in the precinct, personally
109.8knows that the individual is a resident of the precinct, and is making the statement on
109.9oath. The form must include a space for the voter's printed name, signature, telephone
109.10number, and address.
109.11 The oath required by this subdivision and Minnesota Rules, part
109.12be attached to the voter registration application
109.13
109.14
109.15
109.16
109.17
109.18
109.19
109.20
109.21
109.22
109.23
109.24
109.25
109.26
109.27
109.28
109.29
109.30
109.31
109.32
109.33
109.34
109.35
110.1
110.2
110.3
110.4
110.5
110.6
110.7
110.8 (c) An employee of a residential facility must prove employment with that
110.9facility by presenting a current identification card issued by the facility or other official
110.10documentation verifying the employee's current status with the facility on election day to
110.11be eligible to vouch for individuals residing in that facility.
110.12
110.13responsible for election day registration initial each completed registration application.
110.14EFFECTIVE DATE.This section is effective September 1, 2007.
110.15 Sec. 8. Minnesota Statutes 2006, section 201.071, subdivision 1, is amended to read:
110.16 Subdivision 1. Form. A voter registration application must
110.17
110.18name, middle name, and last name; voter's previous name, if any; voter's current address;
110.19voter's previous address, if any; voter's date of birth; voter's municipality and county of
110.20residence; voter's telephone number, if provided by the voter; date of registration; current
110.21and valid Minnesota driver's license number or Minnesota state identification number,
110.22or if the voter has no current and valid Minnesota driver's license or Minnesota state
110.23identification, and the last four digits of the voter's Social Security number
110.24
110.25by the voter, and the voter's interest in serving as an election judge, if indicated by the
110.26voter. The application must also contain the following certification of voter eligibility:
110.27 "I certify that I:
110.28 (1) will be at least 18 years old on election day;
110.29 (2) am a citizen of the United States;
110.30 (3) will have resided in Minnesota for 20 days immediately preceding election day;
110.31 (4) maintain residence at the address given on the registration form;
110.32 (5) am not under court-ordered guardianship in which the court order revokes my
110.33right to vote;
110.34 (6) have not been found by a court to be legally incompetent to vote;
111.1 (7) have the right to vote because, if I have been convicted of a felony, my felony
111.2sentence has expired (been completed) or I have been discharged from my sentence; and
111.3 (8) have read and understand the following statement: that giving false information
111.4is a felony punishable by not more than five years imprisonment or a fine of not more
111.5than $10,000, or both."
111.6 The certification must include boxes for the voter to respond to the following
111.7questions:
111.8 "(1) Are you a citizen of the United States?" and
111.9 "(2) Will you be 18 years old on or before election day?"
111.10 And the instruction:
111.11 "If you checked 'no' to either of these questions, do not complete this form."
111.12 The form of the voter registration application and the certification of voter eligibility
111.13must be as provided in this subdivision and approved by the secretary of state. Voter
111.14registration forms authorized by the National Voter Registration Act must also be accepted
111.15as valid. The federal postcard application form must also be accepted as valid if it is not
111.16deficient and the voter is eligible to register in Minnesota.
111.17 An individual may use a voter registration application to apply to register to vote in
111.18Minnesota or to change information on an existing registration.
111.19 A paper voter registration application must include space for the voter's signature
111.20and be of suitable size and weight for mailing.
111.21 Sec. 9. Minnesota Statutes 2006, section 201.091, is amended by adding a subdivision
111.22to read:
111.23 Subd. 5a. Registration verification to registered voter. The secretary of state may
111.24provide for voter registration verification to a registered voter on the secretary of state's
111.25Web site. An individual using the verification service must provide the individual's name,
111.26address, and date of birth when requesting registration verification. If the verification
111.27information provided completely matches an active registration record in the statewide
111.28registration system, the individual must be informed that the individual is a registered
111.29voter and provided with the individual's polling place location. If the verification
111.30information provided does not completely match an active registration record in the
111.31statewide registration system, the individual must be informed that a registration record
111.32at the name and address provided cannot be retrieved and advised to contact the county
111.33auditor or secretary of state for further information.
111.34 Sec. 10. Minnesota Statutes 2006, section 201.091, subdivision 9, is amended to read:
112.1 Subd. 9. Restricted data. A list provided for public inspection or purchase, for
112.2jury selection, or in response to a law enforcement inquiry, must not include a voter's
112.3date of birth or any part of a voter's Social Security number, driver's license number,
112.4identification card number, military identification card number, or passport number.
112.5 Sec. 11. Minnesota Statutes 2006, section 201.12, is amended to read:
112.6201.12 PROPER REGISTRATION; VERIFICATION BY MAIL;
112.7CHALLENGES.
112.8 Subdivision 1. Notice of registration. To prevent fraudulent voting and to eliminate
112.9excess names, the county auditor may mail to any registered voter a notice stating the
112.10voter's name and address as they appear in the registration files. The notice shall request
112.11the voter to notify the county auditor if there is any mistake in the information.
112.12 Subd. 2.
112.13but with a permanent forwarding address in this state, the county auditor shall notify the
112.14auditor of the county where the voter resides. Upon receipt of the notice, the county
112.15auditor shall update the voter's address in the statewide voter registration system and mail
112.16to the voter the notice of registration required by section
112.17notice must advise the voter that the voter's voting address has been changed and that the
112.18voter must notify the county auditor within 21 days if the new address is not what the
112.19voter intended to be their permanent address.
112.20 Subd. 3. Moved out of state. If the notice is returned as undeliverable but with a
112.21permanent forwarding address outside this state, the county auditor shall promptly mail
112.22to 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.
112.26 Subd. 4. Challenges.
112.27
112.28
112.29
112.30forwarding address, the county auditor shall change the registrant's status to "challenged"
112.31in the statewide registration system. An individual challenged in accordance with this
112.32subdivision shall comply with the provisions of section
112.33vote. If a notice mailed at least 60 days after the return of the first nonforwardable mailing
112.34is also returned by the postal service, the county auditor shall change the registrant's status
112.35to "inactive" in the statewide registration system.
113.1EFFECTIVE DATE.This section is effective August 1, 2007.
113.2 Sec. 12. Minnesota Statutes 2006, section 201.13, subdivision 3, is amended to read:
113.3 Subd. 3. Use of change of address system.
113.4
113.5
113.6
113.7
113.8 (a) At least once each month the secretary of state shall obtain a list of individuals in
113.9this state who have filed with the United States Postal Service a change of their permanent
113.10address. If an individual is registered as a voter in the statewide voter registration system
113.11and the change is to another address in this state, the secretary of state shall transmit
113.12the registration by electronic means to the county auditor of the county where the voter
113.13resides. Upon receipt of the registration, the county auditor shall update the voter's
113.14address in the statewide voter registration system and mail to the voter the notice of
113.15registration required by section
113.16that the voter's permanent address has been changed and that the voter must notify the
113.17county auditor within 21 days if the new address is not what the voter intended to be the
113.18voter's permanent address.
113.19 (b) If the change of permanent address is to a forwarding address outside this state,
113.20the secretary of state shall notify by electronic means the auditor of the county where the
113.21voter formerly resided that the voter has left the state. The county auditor shall promptly
113.22mail to the voter at the forwarding address a notice advising the voter that the voter's voter
113.23registration in this state will be deleted unless the voter notifies the county auditor within
113.2421 days that the voter intends to retain the former address as the voter's permanent address.
113.25If the notice is not received by the deadline, the county auditor shall delete the registration.
113.26EFFECTIVE DATE.This section is effective April 1, 2008.
113.27 Sec. 13. Minnesota Statutes 2006, section 201.161, is amended to read:
113.28201.161 AUTOMATIC REGISTRATION OF DRIVER'S LICENSE,
113.29INSTRUCTION PERMIT, AND IDENTIFICATION CARD
113.30APPLICANTS.
113.31 Subdivision 1. Automatic registration. An individual who properly completes
113.32an application for a new or renewed Minnesota driver's license, instruction permit, or
114.1identification card, and who is eligible to vote under section
114.2vote as provided in this section, unless the applicant declines to be registered.
114.3 Subd. 2. Applications. The
114.4consultation with the secretary of state, shall change
114.5duplicate, or change of address driver's license, instruction permit, or identification card so
114.6that the forms may also serve as voter registration applications. The forms must contain
114.7spaces for all information collected by voter registration applications prescribed by the
114.8secretary of state and a box for the applicant to decline to be registered to vote.
114.9
114.10
114.11commissioner shall transmit the information
114.12electronic means to the secretary of state. Pursuant to the Help America Vote Act of 2002,
114.13Public Law 107-252, the computerized driver's license record containing the voter's name,
114.14address, date of birth, citizenship, driver's license number or state identification number,
114.15county,
114.16secretary of state and interaction with the statewide voter registration system.
114.17 Subd. 3. Registration. (a) The secretary of state shall determine whether the
114.18applicant is currently registered in the statewide voter registration system. For each
114.19currently registered voter whose registration is not changed, the secretary of state shall
114.20update the voter's registration date in the statewide voter registration system. For each
114.21currently registered voter whose registration is changed, the secretary of state shall
114.22transmit the registration daily by electronic means to the county auditor of the county
114.23where the voter resides.
114.24 (b) If the applicant is not currently registered in the statewide voter registration
114.25system, the secretary of state shall determine whether the applicant is 18 years of age or
114.26older and a citizen of the United States and compare the voter registration information
114.27received from the commissioner of public safety with the information on wards,
114.28incompetents, and felons received from the state court administrator under sections 201.15
114.29and 201.155, to determine whether the applicant is eligible to vote. If an applicant is
114.30less than 18 years of age, the secretary of state shall wait until the applicant has turned
114.3118 years of age to determine whether the applicant is eligible to vote. For each applicant
114.32the secretary of state determines is an eligible voter, the secretary of state shall transmit
114.33the registration daily by electronic means to the county auditor of the county where the
114.34voter resides.
114.35 Subd. 4. Notice. Upon receipt of the registration, the county auditor shall mail to
114.36the voter the notice of registration required by section
115.1 Subd. 5. Effective date. An application for registration that is dated during the 20
115.2days before an election in any jurisdiction within which the voter resides is not effective
115.3until the day after the election.
115.4 Sec. 14. Minnesota Statutes 2006, section 201.171, is amended to read:
115.5201.171 POSTING VOTING HISTORY; FAILURE TO VOTE;
115.6REGISTRATION REMOVED.
115.7 Within six weeks after every election, the county auditor shall post the voting
115.8history for every person who voted in the election. After the close of the calendar year, the
115.9secretary of state shall determine if any registrants have not voted during the preceding
115.10
115.11of those registrants to "inactive" in the statewide registration system. The list maintenance
115.12performed must be conducted in a manner that ensures that the name of each registered
115.13voter appears in the official list of eligible voters in the statewide registration system.
115.14A voter must not be removed from the official list of eligible voters unless the voter is
115.15not eligible or is not registered to vote. List maintenance must include procedures for
115.16eliminating duplicate names from the official list of eligible voters.
115.17 The secretary of state shall also prepare a report to the county auditor containing the
115.18names of all registrants whose status was changed to "inactive."
115.19 Registrants whose status was changed to "inactive" must register in the manner
115.20specified in section
115.21district, or special election, as required by section
115.22 Although not counted in an election, a late or rejected absentee or mail ballot must
115.23be considered a vote for the purpose of continuing registration.
115.24 Sec. 15. Minnesota Statutes 2006, section 203B.02, subdivision 1, is amended to read:
115.25 Subdivision 1.
115.26Any eligible voter
115.27
115.28
115.29
115.30
115.31
115.32
115.33
115.34
116.1
116.2
116.3EFFECTIVE DATE.This section is effective April 1, 2008.
116.4 Sec. 16. Minnesota Statutes 2006, section 203B.04, subdivision 1, is amended to read:
116.5 Subdivision 1. Application procedures. Except as otherwise allowed by
116.6subdivision 2, an application for absentee ballots for any election may be submitted at
116.7any time not less than one day before the day of that election. The county auditor shall
116.8prepare absentee ballot application forms in the format provided by the secretary of state,
116.9notwithstanding rules on absentee ballot forms, and shall furnish them to any person on
116.10request. By January 1 of each even-numbered year, the secretary of state shall make the
116.11forms to be used available to auditors through electronic means. An application submitted
116.12pursuant to this subdivision shall be in writing and shall be submitted to:
116.13
116.14
116.15the applicant maintains residence.
116.16 An application shall be approved if it is timely received, signed and dated by the
116.17applicant, contains the applicant's name and residence and mailing addresses, and states
116.18that the applicant is eligible to vote by absentee ballot
116.19
116.20must not be made available for public inspection. An application may be submitted to
116.21the county auditor or municipal clerk by an electronic facsimile device. An application
116.22mailed or returned in person to the county auditor or municipal clerk on behalf of a voter
116.23by a person other than the voter must be deposited in the mail or returned in person to
116.24the county auditor or municipal clerk within ten days after it has been dated by the voter
116.25and no later than six days before the election. The absentee ballot applications or a list of
116.26persons applying for an absentee ballot may not be made available for public inspection
116.27until the close of voting on election day.
116.28 An application under this subdivision may contain an application under subdivision
116.295 to automatically receive an absentee ballot application.
116.30EFFECTIVE DATE.This section is effective April 1, 2008.
116.31 Sec. 17. Minnesota Statutes 2006, section 203B.04, subdivision 6, is amended to read:
116.32 Subd. 6. Ongoing absentee status; termination; rules. (a) An eligible voter
116.33may apply to a county auditor or municipal clerk for status as an ongoing absentee voter
117.1
117.2The voter may decline to receive an absentee ballot for one or more elections, provided
117.3the request is received by the county auditor or municipal clerk at least five days before
117.4the deadline in section 204B.35 for delivering ballots for the election to which it applies.
117.5Each applicant must automatically be provided with an absentee ballot
117.6each ensuing election, other than an election by mail conducted under section
117.7or as otherwise requested by the voter, and must have the status of ongoing absentee voter
117.8indicated on the voter's registration record.
117.9 (b) Ongoing absentee voter status ends on:
117.10 (1) the voter's written request;
117.11 (2) the voter's death;
117.12 (3) return of an ongoing absentee ballot as undeliverable;
117.13 (4) a change in the voter's status so that the voter is not eligible to vote under section
117.15 (5) placement of the voter's registration on inactive status under section
117.16 (c) The secretary of state shall adopt rules governing procedures under this
117.17subdivision.
117.18EFFECTIVE DATE.This section is effective April 1, 2008.
117.19 Sec. 18. Minnesota Statutes 2006, section 203B.06, subdivision 3, is amended to read:
117.20 Subd. 3. Delivery of ballots. (a) If an application for absentee ballots is accepted
117.21at a time when absentee ballots are not yet available for distribution, the county auditor,
117.22or municipal clerk accepting the application shall file it and as soon as absentee ballots
117.23are available for distribution shall mail them to the address specified in the application.
117.24If an application for absentee ballots is accepted when absentee ballots are available for
117.25distribution, the county auditor or municipal clerk accepting the application shall promptly:
117.26 (1) mail the ballots to the voter whose signature appears on the application if the
117.27application is submitted by mail and does not request commercial shipping under clause
117.28(2);
117.29 (2) ship the ballots to the voter using a commercial shipper requested by the voter at
117.30the voter's expense;
117.31 (3) deliver the absentee ballots directly to the voter if the application is submitted in
117.32person; or
117.33 (4) deliver the absentee ballots in a sealed transmittal envelope to an agent who has
117.34been designated to bring the ballots, as provided in section 203B.11, subdivision 4, to a
117.35voter who
118.1disabled, a patient in a health care facility,
118.2
118.3participant in a residential program for adults licensed under section
118.414
118.54
118.6 (b) If an application does not indicate the election for which absentee ballots are
118.7sought, the county auditor or municipal clerk shall mail or deliver only the ballots for
118.8the next election occurring after receipt of the application. Only one set of ballots may
118.9be mailed, shipped, or delivered to an applicant for any election, except as provided in
118.10section
118.11voter for a ballot that has been spoiled or lost in transit.
118.12EFFECTIVE DATE.This section is effective August 1, 2007.
118.13 Sec. 19. Minnesota Statutes 2006, section 203B.07, subdivision 2, is amended to read:
118.14 Subd. 2. Design of envelopes. The return envelope shall be of sufficient size
118.15to conveniently enclose and contain the ballot envelope and a voter registration
118.16application folded along its perforations. The return envelope shall be designed to open
118.17on the left-hand end.
118.18
118.19
118.20
118.21
118.22
118.23
118.24
118.25absentee ballot shall be printed on the back of the envelope. The certificate shall contain
118.26a statement to be signed and sworn by the voter indicating that the voter meets all of
118.27the requirements established by law for voting by absentee ballot. If the voter was not
118.28previously registered, the certificate shall also contain a statement signed by a person who
118.29is registered to vote in Minnesota or by a notary public or other individual authorized
118.30to administer oaths stating that:
118.31
118.32
118.33how they were marked, or, if the voter was physically unable to mark them, that the voter
118.34directed another individual to mark them; and
119.1
119.2residence as required by section
119.3 The county auditor or municipal clerk shall affix first class postage to the return
119.4envelopes.
119.5EFFECTIVE DATE.This section is effective April 1, 2008.
119.6 Sec. 20. Minnesota Statutes 2006, section 203B.081, is amended to read:
119.7203B.081 LOCATIONS FOR ABSENTEE VOTING IN PERSON.
119.8 An eligible voter may vote by absentee ballot during the 30 days before the election
119.9in the office of the county auditor and at any other polling place designated by the county
119.10auditor. The county auditor shall make such designations at least 90 days before the
119.11election. At least one voting booth and at least one electronic ballot marker in each polling
119.12place must be made available by the county auditor for this purpose.
119.13 Sec. 21. Minnesota Statutes 2006, section 203B.11, subdivision 4, is amended to read:
119.14 Subd. 4. Agent delivery of ballots. During the
119.15election and until 2:00 p.m. on election day, an eligible voter who
119.16getting to the polls because of health reasons, or who is disabled, a patient of a health care
119.17facility, a resident of a facility providing assisted living services governed by chapter
119.18144G, a participant in a residential program for adults licensed under section
119.19subdivision 14, or a resident of a shelter for battered women as defined in section
119.20subdivision 4, may designate an agent to deliver the ballots to the voter from the county
119.21auditor or municipal clerk. A candidate at the election may not be designated as an agent.
119.22The voted ballots must be returned to the county auditor or municipal clerk no later than
119.233:00 p.m. on election day. The voter must complete an affidavit requesting the auditor or
119.24clerk to provide the agent with the ballots in a sealed transmittal envelope. The affidavit
119.25must include a statement from the voter stating that the ballots were delivered to the voter
119.26by the agent in the sealed transmittal envelope. An agent may deliver ballots to no more
119.27than three persons in any election. The secretary of state shall provide samples of the
119.28affidavit and transmission envelope for use by the county auditors.
119.29EFFECTIVE DATE.This section is effective August 1, 2007.
119.30 Sec. 22. Minnesota Statutes 2006, section 203B.12, subdivision 4, is amended to read:
119.31 Subd. 4. Placement in container; opening and counting of ballots. The ballot
119.32envelopes from return envelopes marked "Accepted" shall be placed by the election
120.1judges in a separate absentee ballot container. The container and each ballot envelope may
120.2be opened only after
120.3noon on election day. The ballots shall then be initialed by the election judges in the
120.4same manner as ballots delivered by them to voters in person and shall be deposited in
120.5the appropriate ballot box.
120.6 If more than one ballot of any kind is enclosed in the ballot envelope, none of the
120.7ballots of that kind shall be counted but all ballots of that kind shall be returned in the
120.8manner provided by section
120.9 Sec. 23. Minnesota Statutes 2006, section 203B.13, subdivision 1, is amended to read:
120.10 Subdivision 1. Establishment. The governing body of any county
120.11
120.12municipality, or any school district may by ordinance or resolution, authorize an absentee
120.13ballot board. The board shall consist of a sufficient number of election judges appointed as
120.14provided in sections
120.15 Sec. 24. Minnesota Statutes 2006, section 203B.13, subdivision 2, is amended to read:
120.16 Subd. 2. Duties. The absentee ballot board may
120.17
120.18
120.19
120.20all return absentee ballot envelopes and
120.21manner provided in section
120.22
120.23
120.24
120.25
120.26 The absentee ballot board may begin the process of examining the return envelopes
120.27and marking them "accepted" or "rejected" at any time during the 30 days before the
120.28election. If an envelope has been rejected at least five days before the election, the
120.29ballots in the envelope must be considered spoiled ballots and the official in charge of the
120.30absentee ballot board shall provide the voter with a replacement absentee ballot and return
120.31envelope in place of the spoiled ballot.
120.32
120.33 Sec. 25. Minnesota Statutes 2006, section 203B.16, subdivision 2, is amended to read:
121.1 Subd. 2. Permanent residence outside United States. Sections
121.3living permanently outside the territorial limits of the United States who meet all the
121.4qualifications of an eligible voter except residence in Minnesota, but who are authorized
121.5by federal law to vote in Minnesota because they maintained residence in Minnesota for
121.6at least 20 days immediately prior to their departure from the United States or because,
121.7although they have never resided in the United States, they have a parent who is eligible to
121.8vote in Minnesota. Individuals described in this subdivision shall be permitted to vote
121.9only for the offices of president, vice-president, senator in Congress, and representative in
121.10Congress.
121.11EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.
121.12 Sec. 26. Minnesota Statutes 2006, section 203B.17, subdivision 2, is amended to read:
121.13 Subd. 2. Required information. An application shall be accepted if it contains the
121.14following information stated under oath:
121.15 (a) the voter's name, birthdate, and present address of residence in Minnesota, or
121.16former address of residence in Minnesota if the voter is living permanently outside the
121.17United States;
121.18 (b) a statement indicating that the voter is in the military, or is the spouse or
121.19dependent of an individual serving in the military, or is temporarily outside the territorial
121.20limits of the United States, or is living permanently outside the territorial limits of the
121.21United States and voting under federal law;
121.22 (c) a statement that the voter expects to be absent from the precinct at the time
121.23of the election;
121.24 (d) the address to which absentee ballots are to be mailed;
121.25 (e) the voter's signature or the signature and relationship of the individual authorized
121.26to apply on the voter's behalf; and
121.27 (f) the voter's military identification card number, passport number, or Minnesota
121.28driver's license or state identification card number
121.29
121.30
121.31
121.32
121.33
121.34
121.35
122.1
122.2
122.3these documents, the voter may attest to the truthfulness of the contents of the application
122.4under penalty of perjury.
122.5EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.
122.6 Sec. 27. Minnesota Statutes 2006, section 203B.21, subdivision 2, is amended to read:
122.7 Subd. 2. Mailing of ballots; return. Ballots and instructions for marking them,
122.8ballot envelopes, and return envelopes shall be sent by first class mail to addresses within
122.9the continental United States and by air mail to addresses outside the continental United
122.10States, unless the voter requests to have the ballot, instructions, and certificate of voter
122.11eligibility sent electronically, as provided for by section 203B.225. The ballot envelope
122.12and return envelope shall be marked "Official Ballot," and shall contain sufficient postage
122.13to assure proper return delivery. The return envelope shall be addressed to comply with any
122.14method for return of absentee ballots as authorized under section
122.15EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.
122.16 Sec. 28. Minnesota Statutes 2006, section 203B.21, subdivision 3, is amended to read:
122.17 Subd. 3. Back of return envelope. On the back of the return envelope an affidavit
122.18form shall appear with space for:
122.19 (a) the voter's address of present or former residence in Minnesota;
122.20 (b) a statement indicating the category described in section
122.21voter belongs;
122.22 (c) a statement that the voter has not cast and will not cast another absentee ballot
122.23in the same election or elections;
122.24 (d) a statement that the voter personally marked the ballots without showing them to
122.25anyone, or if physically unable to mark them, that the voter directed another individual
122.26to mark them; and
122.27 (e) the same voter's military identification card number, passport number, or
122.28Minnesota driver's license or state identification card number as provided on the absentee
122.29ballot application
122.30
122.31
122.32
123.1access to any of these documents, the voter may attest to the truthfulness of the contents of
123.2the application under penalty of perjury.
123.3 The affidavit shall also contain a signed and dated oath in the form required by
123.4section 705 of the Help America Vote Act, Public Law 107-252, which must read:
123.5 "I swear or affirm, under penalty of perjury, that:
123.6 I am a member of the uniformed services or merchant marine on active duty or
123.7an eligible spouse or dependent of such a member; a United States citizen temporarily
123.8residing outside the United States; or other United States citizen residing outside the
123.9United States; and I am a United States citizen, at least 18 years of age (or will be by the
123.10date of the election), and I am eligible to vote in the requested jurisdiction; I have not
123.11been convicted of a felony, or other disqualifying offense, or been adjudicated mentally
123.12incompetent, or, if so, my voting rights have been reinstated; and I am not registering,
123.13requesting a ballot, or voting in any other jurisdiction in the United States except the
123.14jurisdiction cited in this voting form. In voting, I have marked and sealed my ballot in
123.15private and have not allowed any person to observe the marking of the ballot, except for
123.16those authorized to assist voters under state or federal law. I have not been influenced.
123.17 My signature and date below indicate when I completed this document.
123.18 The information on this form is true, accurate, and complete to the best of my
123.19knowledge. I understand that a material misstatement of fact in completion of this
123.20document may constitute grounds for a conviction for perjury."
123.21EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.
123.22 Sec. 29. Minnesota Statutes 2006, section 203B.22, is amended to read:
123.23203B.22 MAILING BALLOTS.
123.24 The county auditor shall mail the appropriate ballots, as promptly as possible, to an
123.25absent voter whose application has been recorded under section
123.26auditor determines that a voter is not eligible to vote at the primary but will be eligible to
123.27vote at the general election, only general election ballots shall be mailed. Only one set of
123.28ballots shall be mailed to any applicant for any election, except that the county auditor
123.29may mail a replacement ballot to a voter whose ballot has been spoiled or lost in transit
123.30or whose mailing address has changed after the date on which the original application
123.31was submitted as confirmed by the county auditor. Ballots to be sent outside the United
123.32States shall be given priority in mailing. A county auditor may make use of any special
123.33service provided by the United States government for the mailing of voting materials
123.34under sections
124.1EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.
124.2 Sec. 30. [203B.225] TRANSMITTING AND RETURNING BALLOTS.
124.3 Subdivision 1. Transmitting ballot and voter certification. Upon receipt of a
124.4properly completed application, the county auditor may electronically transmit to the voter
124.5the appropriate ballots, instructions, and affidavit form and certification of voter eligibility
124.6provided in section 203B.21, subdivision 3.
124.7 Subd. 2. Returning voted ballots. The voter must return the voted ballots and the
124.8certificate of voter eligibility to the county auditor in a sealed envelope. Upon receipt
124.9of a ballot, the county auditor must immediately compare the information provided on
124.10the absentee ballot application with the information provided on the certificate of voter
124.11eligibility. After the information on the certificate of voter eligibility has been verified,
124.12the certificate must be attached to the ballot secrecy envelope and placed with the other
124.13absentee ballots for the precinct in which the voter resides.
124.14 Subd. 3. Rejecting transmitted ballots. If the county auditor cannot verify that the
124.15ballots were returned by the same person to whom the absentee ballot application was
124.16transmitted, the ballots must be rejected and no votes on the ballots may be counted.
124.17EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.
124.18 Sec. 31. [203B.227] WRITE-IN ABSENTEE BALLOT.
124.19 An eligible voter who will be outside the territorial limits of the United States during
124.20the 180 days prior to the state general election may use the federal write-in absentee ballot
124.21to vote in any federal, state, or local election.
124.22EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.
124.23 Sec. 32. Minnesota Statutes 2006, section 203B.24, subdivision 1, is amended to read:
124.24 Subdivision 1. Check of voter eligibility; proper execution of affidavit. Upon
124.25receipt of an absentee ballot returned as provided in sections
124.26election judges shall compare the voter's name with the names appearing on their copy of
124.27the application records to insure that the ballot is from a voter eligible to cast an absentee
124.28ballot under sections
124.29envelope "Accepted" and initial or sign the return envelope below the word "Accepted" if
124.30the election judges are satisfied that:
124.31 (1) the voter's name on the return envelope appears in substantially the same form as
124.32on the application records provided to the election judges by the county auditor;
125.1 (2) the voter has signed the federal oath prescribed pursuant to section 705(b)(2) of
125.2the Help America Vote Act, Public Law 107-252;
125.3 (3) the voter has set forth the same voter's military identification number
125.4number, or
125.5
125.6
125.7
125.8the application, if the voter has one of these documents; and
125.9 (4) the voter has not already voted at that election, either in person or by absentee
125.10ballot.
125.11 An absentee ballot case pursuant to sections
125.12rejected for the lack of one of clauses (1) to (4). In particular, failure to place the ballot
125.13within the security envelope before placing it in the outer white envelope is not a reason to
125.14reject an absentee ballot.
125.15 Election judges must note the reason for rejection on the back of the envelope in the
125.16space provided for that purpose.
125.17 Failure to return unused ballots shall not invalidate a marked ballot, but a ballot
125.18shall not be counted if the affidavit on the return envelope is not properly executed. In
125.19all other respects the provisions of the Minnesota Election Law governing deposit and
125.20counting of ballots shall apply.
125.21EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.
125.22 Sec. 33. [203B.28] EMERGENCY POWERS.
125.23 (a) If the governor has declared an emergency and filed the declaration with the
125.24secretary of state under section 12.31, or if a natural disaster or armed conflict involving
125.25the United States Armed Forces, or mobilization of those forces, including National Guard
125.26and reserve components of this state, makes substantial compliance with the Uniformed
125.27and Overseas Citizens Absentee Voting Act impossible or unreasonable, the secretary of
125.28state may prescribe, by emergency orders, special procedures or requirements necessary to
125.29facilitate absentee voting by those citizens directly affected who otherwise are eligible
125.30to vote in this state.
125.31 (b) The secretary of state shall adopt rules describing the emergency powers and the
125.32situations in which the powers must be exercised.
125.33EFFECTIVE DATE.Paragraph (a) is effective for elections held after April 1,
125.342008. Paragraph (b) is effective the day following final enactment.
126.1 Sec. 34. Minnesota Statutes 2006, section 204B.06, subdivision 1, is amended to read:
126.2 Subdivision 1. Form of affidavit. An affidavit of candidacy shall state the name of
126.3the office sought and, except as provided in subdivision 4, shall state that the candidate:
126.4 (1) is an eligible voter;
126.5 (2) has no other affidavit on file as a candidate for any office at the same primary
126.6or next ensuing general election, except that a candidate for soil and water conservation
126.7district supervisor in a district not located in whole or in part in Anoka, Hennepin,
126.8Ramsey, or Washington County, may also have on file an affidavit of candidacy for
126.9mayor or council member of a statutory or home rule charter city of not more than 2,500
126.10population contained in whole or in part in the soil and water conservation district or for
126.11town supervisor in a town of not more than 2,500 population contained in whole or in part
126.12in the soil and water conservation district; and
126.13 (3) is, or will be on assuming the office, 21 years of age or more, and will have
126.14maintained residence in the district from which the candidate seeks election for 30 days
126.15before the general election.
126.16 An affidavit of candidacy must include a statement that the candidate's name as
126.17written on the affidavit for ballot designation is the candidate's true name or the name by
126.18which the candidate is commonly and generally known in the community.
126.19 An affidavit of candidacy for partisan office shall also state the name of the
126.20candidate's political party or political principle, stated in three words or less. Except as
126.21provided in section 204B.09, subdivision 1a, the affidavit of candidacy must include an
126.22original signature of the candidate.
126.23 Sec. 35. Minnesota Statutes 2006, section 204B.09, subdivision 1, is amended to read:
126.24 Subdivision 1. Candidates in state and county general elections. (a) Except as
126.25otherwise provided by this subdivision, affidavits of candidacy and nominating petitions
126.26for county, state, and federal offices filled at the state general election shall be filed not
126.27more than 70 days nor less than 56 days before the state primary. The affidavit may
126.28be prepared and signed at any time between 60 days before the filing period opens and
126.29the last day of the filing period.
126.30 (b) Notwithstanding other law to the contrary, the affidavit of candidacy must be
126.31signed in the presence of a notarial officer or an individual authorized to administer oaths
126.32under section
126.33 (c) This provision does not apply to candidates for presidential elector nominated
126.34by major political parties. Major party candidates for presidential elector are certified
126.35under section
127.1before the state primary day pursuant to section
127.2before the state primary
127.3filed as provided in section
127.45:00 p.m. on the last day for filing.
127.5 (d) Affidavits and petitions for county offices
127.6must be filed with the county auditor of that county. Affidavits and petitions for federal
127.7offices
127.8state. Affidavits and petitions for state offices must be filed with the secretary of state or
127.9with the county auditor of the county in which the candidate resides.
127.10 Sec. 36. Minnesota Statutes 2006, section 204B.09, subdivision 1a, is amended to read:
127.11 Subd. 1a. Absent candidates. (a) A candidate for special district, county, state,
127.12or federal office who will be absent from the state during the filing period may submit
127.13a properly executed affidavit of candidacy, the appropriate filing fee, and any necessary
127.14petitions in person to the filing officer. The candidate shall state in writing the reason for
127.15being unable to submit the affidavit during the filing period. The affidavit, filing fee,
127.16and petitions must be submitted to the filing officer during the seven days immediately
127.17preceding the candidate's absence from the state. Nominating petitions may be signed
127.18during the 14 days immediately preceding the date when the affidavit of candidacy is filed.
127.19 (b) In extraordinary circumstances beyond the candidate's control that prevent
127.20the candidate from filing an affidavit of candidacy authenticated by the candidate's
127.21handwritten or other signature meeting the requirements of section 645.44, subdivision 14,
127.22the affidavit of candidacy may be filed electronically with the secretary of state along with
127.23a written statement of the extraordinary circumstances. The affidavit and statement may be
127.24authenticated either by the electronic facsimile signature of the candidate, by an electronic
127.25signature consisting of a password assigned by the secretary of state, or by another form of
127.26electronic signature approved by the secretary of state. The secretary of state may adopt
127.27rules governing the electronic filing of an affidavit of candidacy under this paragraph.
127.28 Sec. 37. Minnesota Statutes 2006, section 204B.09, subdivision 3, is amended to read:
127.29 Subd. 3. Write-in candidates. (a) A candidate for county, state, or federal office
127.30who wants write-in votes for the candidate to be counted must file a written request with
127.31the filing office for the office sought no later than the
127.32election. The filing officer shall provide copies of the form to make the request.
127.33 (b) A candidate for president of the United States who files a request under this
127.34subdivision must include the name of a candidate for vice-president of the United States.
128.1The request must also include the name of at least one candidate for presidential elector.
128.2The total number of names of candidates for presidential elector on the request may not
128.3exceed the total number of electoral votes to be cast by Minnesota in the presidential
128.4election.
128.5 (c) A candidate for governor who files a request under this subdivision must include
128.6the name of a candidate for lieutenant governor.
128.7 Sec. 38. Minnesota Statutes 2006, section 204B.11, subdivision 2, is amended to read:
128.8 Subd. 2. Petition in place of filing fee. At the time of filing an affidavit of
128.9candidacy, a candidate may present a petition in place of the filing fee. The petition may be
128.10circulated from the date of precinct caucuses to the end of the period for filing affidavits of
128.11candidacy. The petition may be signed by any individual eligible to vote for the candidate.
128.12A nominating petition filed pursuant to section
128.13effective as a petition in place of a filing fee if the nominating petition includes a prominent
128.14statement informing the signers of the petition that it will be used for that purpose.
128.15 The number of signatures on a petition in place of a filing fee shall be as follows:
128.16 (a) for a state office voted on statewide, or for president of the United States, or
128.17United States senator, 2,000;
128.18 (b) for a congressional office, 1,000;
128.19 (c) for a county or legislative office, or for the office of district judge, 500; and
128.20 (d) for any other office which requires a filing fee as prescribed by law, municipal
128.21charter, or ordinance, the lesser of 500 signatures or five percent of the total number of
128.22votes cast in the municipality, ward, or other election district at the preceding general
128.23election at which that office was on the ballot.
128.24 An official with whom petitions are filed shall make sample forms for petitions in
128.25place of filing fees available upon request.
128.26 Sec. 39. Minnesota Statutes 2006, section 204B.16, subdivision 1, is amended to read:
128.27 Subdivision 1. Authority; location. The governing body of each municipality and
128.28of each county with precincts in unorganized territory shall designate by ordinance or
128.29resolution a polling place for each election precinct. Polling places must be designated
128.30and ballots must be distributed so that no one is required to go to more than one polling
128.31place to vote in a school district and municipal election held on the same day. The polling
128.32place for a precinct in a city or in a school district located in whole or in part in the
128.33metropolitan area defined by section
128.34boundaries of the precinct or within
129.1a single polling place is designated for a city pursuant to section
129.22
129.3unorganized territory may be located outside the precinct at a place which is convenient to
129.4the voters of the precinct. If no suitable place is available within a town or within a school
129.5district located outside the metropolitan area defined by section
129.6then the polling place for a town or school district may be located outside the town or
129.7school district within five miles of one of the boundaries of the town or school district.
129.8 Sec. 40. Minnesota Statutes 2006, section 204B.21, subdivision 2, is amended to read:
129.9 Subd. 2. Appointing authority; powers and duties. Election judges for precincts
129.10in a municipality shall be appointed by the governing body of the municipality. Election
129.11judges for precincts in unorganized territory and for performing election-related duties
129.12assigned by the county auditor shall be appointed by the county board. Election judges for
129.13a precinct composed of two or more municipalities must be appointed by the governing
129.14body of the municipality or municipalities responsible for appointing election judges as
129.15provided in the agreement to combine for election purposes. Appointments
129.16made from lists furnished pursuant to subdivision 1 subject to the eligibility requirements
129.17and other qualifications established or authorized under section
129.18election judges in each precinct must be affiliated with different major political parties. If
129.19no lists have been furnished or if additional election judges are required
129.20
129.21
129.22who meet the qualifications to serve as an election judge, including persons who are not
129.23affiliated with a major political party. The appointments shall be made at least 25 days
129.24before the election at which the election judges will serve.
129.25 Sec. 41. Minnesota Statutes 2006, section 204B.21, is amended by adding a
129.26subdivision to read:
129.27 Subd. 2a. Town elections. The provisions of this section and sections 204B.19,
129.28subdivision 5; 204C.15; 204C.19; 206.83; and 206.86, subdivision 2, relating to party
129.29balance in the appointment of judges and to duties to be performed by judges of different
129.30major political parties do not apply to town elections not held in conjunction with a
129.31statewide election.
129.32 Sec. 42. [204B.445] VOTER COMPLAINT AND RESOLUTION PROCESS.
130.1 Subdivision 1. Scope. An eligible voter may file a complaint to seek the resolution
130.2of any of the following conditions that have occurred or are about to occur:
130.3 (1) voter records in the statewide registration system are not maintained by the
130.4secretary of state or a county auditor in the manner provided in chapter 201;
130.5 (2) voters are unable to register to vote in the manner provided by section 201.061;
130.6 (3) a voting system, including an electronic ballot marker, meeting the requirements
130.7of section 206.80 is not available for use by voters either casting an absentee ballot in
130.8person at the locations designated by the county auditor or local election official, or for
130.9voting at any polling place on election day; or
130.10 (4) the secretary of state, county auditor, or local election official has failed, is
130.11failing, or is about to fail to carry out a duty required by Title III of the Help America
130.12Vote Act of 2002.
130.13 A complaint against a municipal or school district clerk must be filed with the county
130.14auditor of the county in which the action has occurred or is about to occur. A complaint
130.15against a county auditor must be filed with the secretary of state. A complaint against the
130.16secretary of state must be filed with the Office of Administrative Hearings. The secretary
130.17of state shall provide a standard form for a complaint under this section. The form must
130.18provide space for the complainant to specify the legal basis for the complaint. The
130.19proceedings authorized by this section are not subject to the requirements of chapter 14.
130.20 Subd. 2. Notice of complaint. The official with whom the complaint is filed must,
130.21within seven days after the complaint was filed, provide written notice of the complaint,
130.22including a copy of the complaint, to the official against whom the complaint has been
130.23made.
130.24 Subd. 3. Response. Within 14 days after the notice of complaint is received, the
130.25official complained against must respond in writing to the complainant and state the
130.26manner in which the respondent proposes to resolve the complaint.
130.27 Subd. 4. Hearing. If the complainant believes the response does not resolve the
130.28complaint, the complainant may file, with the official with whom the complaint was filed,
130.29a request for a hearing. The request must state the objection to the response and propose
130.30to resolve the complaint in a way that is consistent with the Minnesota Election Law. If
130.31the complainant makes a request for hearing, a hearing must take place. The official with
130.32whom the complaint was filed must rule on the complaint within 14 days after the hearing.
130.33 Subd. 5. Timeline. A ruling on a complaint must be made no more than 90 days
130.34after the complaint is filed. If the official with whom the complaint was filed fails to
130.35make that ruling within 90 days after the complaint was filed, that official must provide
131.1alternative dispute resolution for the disposition of the complaint. The alternative dispute
131.2resolution process must be completed within 60 days of its commencement.
131.3 Subd. 6. Appeal. No later than 30 days after the ruling, the complainant may appeal
131.4the ruling. If the complaint was filed against a municipal clerk, school district clerk, or
131.5county auditor, the appeal must be filed with the secretary of state. If the complaint was
131.6filed against the secretary of state, the appeal must be filed with the Ramsey County
131.7District Court. The appeal must be heard within 14 days. Upon hearing the appeal, the
131.8secretary of state or district court may affirm, reverse, or modify the ruling and give
131.9appropriate instructions, as needed, to the secretary of state, county auditor, or local
131.10election official to resolve the complaint.
131.11 Subd. 7. Remedies; notice. If the official rules that there has been a violation of
131.12Title III of the Help America Vote Act of 2002, the official must provide an appropriate
131.13remedy. If the official rules that there has not been a violation, the complaint must be
131.14dismissed and the results of the process published by the official.
131.15EFFECTIVE DATE.This section is effective January 1, 2008.
131.16 Sec. 43. Minnesota Statutes 2006, section 204B.45, subdivision 2, is amended to read:
131.17 Subd. 2. Procedure. Notice of the election and the special mail procedure must be
131.18given at least six weeks prior to the election.
131.19later than 14 days prior to the election, the auditor shall mail ballots by nonforwardable
131.20mail to all voters registered in the town or unorganized territory. No later than 14 days
131.21before the election, the auditor must make a subsequent mailing of ballots to those voters
131.22who register to vote after the initial mailing but before the 20th day before the election.
131.23Eligible voters not registered at the time the ballots are mailed may apply for ballots as
131.24provided in chapter 203B. Ballot return envelopes, with return postage provided, must be
131.25preaddressed to the auditor or clerk and the voter may return the ballot by mail or in person
131.26to the office of the auditor or clerk. The auditor or clerk may appoint election judges to
131.27examine the return envelopes and mark them "accepted" or "rejected" during the 30 days
131.28before the election. If an envelope has been rejected at least five days before the election,
131.29the ballots in the envelope must be considered spoiled ballots and the auditor or clerk shall
131.30provide the voter with a replacement ballot and return envelope in place of the spoiled
131.31ballot. The costs of the mailing shall be paid by the election jurisdiction in which the voter
131.32resides. Any ballot received by 8:00 p.m. on the day of the election must be counted.
131.33 Sec. 44. Minnesota Statutes 2006, section 204C.06, subdivision 1, is amended to read:
132.1 Subdivision 1. Lingering near polling place. An individual shall be allowed to go
132.2to and from the polling place for the purpose of voting without unlawful interference. No
132.3one except an election official or an individual who is waiting to register or to vote shall
132.4stand within 100 feet of the
132.5
132.6building in which a polling place is located.
132.7 Sec. 45. Minnesota Statutes 2006, section 204C.07, subdivision 3a, is amended to read:
132.8 Subd. 3a. Residence requirement. A challenger must be a resident of this state.
132.9Appointed challengers seeking admission to a polling place to serve in that capacity must
132.10prove their status as a resident of this state by presenting one of the documents listed in
132.11section 201.061, subdivision 3, paragraph (b), clauses (1) to (4). Challengers need not
132.12prove residence in the precinct in which they seek to act as a challenger.
132.13EFFECTIVE DATE.This section is effective September 1, 2007.
132.14 Sec. 46. Minnesota Statutes 2006, section 204C.07, is amended by adding a
132.15subdivision to read:
132.16 Subd. 3b. Oath to obey the law. A challenger must state under oath that the
132.17challenger understands and will abide by the laws and rules governing challengers as
132.18described in this section and in section 204C.12 and governing challenges to voters as
132.19described in section 204C.12.
132.20EFFECTIVE DATE.This section is effective September 1, 2007.
132.21 Sec. 47. Minnesota Statutes 2006, section 205.10, is amended by adding a subdivision
132.22to read:
132.23 Subd. 6. Cancellation. A special election ordered by the governing body of the
132.24municipality on its own motion under subdivision 1 may be canceled by motion of the
132.25governing body, but not less than 46 days before the election.
132.26 Sec. 48. Minnesota Statutes 2006, section 205.13, is amended by adding a subdivision
132.27to read:
132.28 Subd. 7. Write-in candidates. A candidate for a city office who wants write-in
132.29votes for the candidate to be counted must file a written request with the filing officer for
132.30the office sought no later than the seventh day before the general election. The filing
132.31officer must provide copies of the form to make the request.
133.1 Sec. 49. Minnesota Statutes 2006, section 205.16, subdivision 3, is amended to read:
133.2 Subd. 3. Sample ballot, posting. For every municipal election, the municipal clerk
133.3shall at least
133.4precinct in the municipality, make them available for public inspection in the clerk's office
133.5
133.6 Sec. 50. Minnesota Statutes 2006, section 205.16, subdivision 4, is amended to read:
133.7 Subd. 4. Notice to auditor. At least 53 days prior to every municipal election, the
133.8municipal clerk shall provide a written notice to the county auditor, including the date of
133.9the election, the offices to be voted on at the election, and the title and language for each
133.10ballot question to be voted on at the election. Not less than 46 days before the election, the
133.11municipal clerk must provide written notice to the county auditor of any special election
133.12canceled under section 205.10, subdivision 6.
133.13 Sec. 51. Minnesota Statutes 2006, section 205A.05, is amended by adding a
133.14subdivision to read:
133.15 Subd. 3. Cancellation. A special election ordered by the school board on its own
133.16motion under subdivision 1 may be canceled by motion of the school board, but not less
133.17than 46 days before the election.
133.18 Sec. 52. Minnesota Statutes 2006, section 205A.07, subdivision 3, is amended to read:
133.19 Subd. 3. Notice to auditor. At least 53 days prior to every school district election,
133.20the school district clerk shall provide a written notice to the county auditor of each county
133.21in which the school district is located. The notice must include the date of the election, the
133.22offices to be voted on at the election, and the title and language for each ballot question to
133.23be voted on at the election. For the purposes of meeting the timelines of this section, in
133.24a bond election, a notice, including a proposed question, may be provided to the county
133.25auditor prior to receipt of a review and comment from the commissioner of education and
133.26prior to actual initiation of the election. Not less than 46 days before the election, the
133.27school district clerk must provide written notice to the county auditor of any special
133.28election canceled under section 205A.05, subdivision 3.
133.29 Sec. 53. Minnesota Statutes 2006, section 205A.07, subdivision 3a, is amended to read:
133.30 Subd. 3a. Notice to commissioner of education. At least 49 days prior to every
133.31school district election, under section
133.32the school district clerk shall provide a written notice to the commissioner of education.
134.1The notice must include the date of the election and the title and language for each ballot
134.2question to be voted on at the election. Not less than 46 days before the election, the
134.3school district clerk must provide a written notice to the commissioner of education of
134.4any special election canceled under section 205A.05, subdivision 3. The certified vote
134.5totals for each ballot question shall be provided in a written notice to the commissioner
134.6in a timely manner.
134.7 Sec. 54. Minnesota Statutes 2006, section 205A.10, subdivision 2, is amended to read:
134.8 Subd. 2. Election, conduct. A school district election must be by secret ballot and
134.9must be held and the returns made in the manner provided for the state general election, as
134.10far as practicable. The vote totals from an absentee ballot board established pursuant to
134.11section
134.12than by precinct. For school district elections not held in conjunction with a statewide
134.13election, the school board shall appoint election judges as provided in section
134.14subdivision 2
134.15204C.15
134.16party balance in appointment of judges and to duties to be performed by judges of different
134.17major political parties do not apply to school district elections not held in conjunction
134.18with a statewide election.
134.19 Sec. 55. Minnesota Statutes 2006, section 206.57, subdivision 5, is amended to read:
134.20 Subd. 5. Voting system for disabled voters. In federal and state elections held after
134.21December 31, 2005,
134.22December 31, 2007, and in township elections held after December 31, 2009, the voting
134.23method used in each polling place must include a voting system that is accessible for
134.24individuals with disabilities, including nonvisual accessibility for the blind and visually
134.25impaired in a manner that provides the same opportunity for access and participation,
134.26including privacy and independence, as for other voters.
134.27 Sec. 56. Minnesota Statutes 2006, section 206.89, subdivision 1, is amended to read:
134.28 Subdivision 1. Definition. For purposes of this section "postelection review official"
134.29means the
134.30
134.31auditor designates the municipal clerk as the "postelection review official" within 24 hours
134.32after the canvass of the state general election.
135.1 Sec. 57. Minnesota Statutes 2006, section 206.89, subdivision 5, is amended to read:
135.2 Subd. 5. Additional review. (a) If the postelection review in one of the reviewed
135.3precincts reveals a difference greater than one-half of one percent, or greater than two
135.4votes in a precinct where 400 or fewer voters cast ballots, the postelection review official
135.5must, within two days, conduct an additional review of the races indicated in subdivision 3
135.6in at least three precincts in the same jurisdiction where the discrepancy was discovered. If
135.7all precincts in that jurisdiction have been reviewed, the county auditor must immediately
135.8publicly select by lot at least three additional precincts for review. The postelection review
135.9official must complete the additional review within two days after the precincts are
135.10selected and report the results immediately to the county auditor. If the second review in
135.11any of the reviewed precincts also indicates a difference in the vote totals compiled by the
135.12voting system that is greater than one-half of one percent from the result indicated by the
135.13postelection review, or greater than two votes in a precinct where 400 or fewer voters cast
135.14ballots, the county auditor must conduct a review of the ballots from all the remaining
135.15precincts in the county for the races indicated in subdivision 3. This review must be
135.16completed no later than six weeks after the state general election.
135.17 (b) If the results from the countywide reviews from one or more counties comprising
135.18in the aggregate more than ten percent of the total number of persons voting in the election
135.19clearly indicate that an error in vote counting has occurred, the postelection review official
135.20must conduct a manual recount of all the ballots in the district for the affected office. The
135.21recount must be completed and the results reported to the appropriate canvassing board no
135.22later than ten weeks after the state general election.
135.23 Sec. 58. Minnesota Statutes 2006, section 211A.02, subdivision 2, is amended to read:
135.24 Subd. 2. Information required. The report to be filed by a candidate or committee
135.25must include:
135.26 (1) the name of the candidate or ballot question;
135.27 (2) the printed name
135.28if available, of the person responsible for filing the report;
135.29 (3) the total amount of receipts and expenditures for the period from the last previous
135.30report to five days before the current report is due;
135.31 (4) the amount, date, and purpose for each expenditure; and
135.32 (5) the name, address, and employer, or occupation if self-employed, of any
135.33individual or committee that during the year has made one or more contributions that
135.34in the aggregate
135.35each contribution.
136.1The filing officer must restrict public access to the address of any individual who has
136.2made a contribution that exceeds $100 and who has filed with the filing officer a written
136.3statement signed by the individual that withholding the individual's address from the
136.4financial report is required for the safety of the individual or the individual's family.
136.5 Sec. 59. Minnesota Statutes 2006, section 211A.05, subdivision 1, is amended to read:
136.6 Subdivision 1. Penalty. A candidate who intentionally fails to file a report required
136.7by section
136.8The treasurer of a committee formed to promote or defeat a ballot question who
136.9intentionally fails to file a report required by section
136.10by this section is guilty of a misdemeanor. Each candidate or treasurer of a committee
136.11formed to promote or defeat a ballot question shall certify to the filing officer that all
136.12reports required by section
136.13candidate or committee has not received contributions or made disbursements exceeding
136.14$750 in the calendar year. The certification shall be submitted to the filing officer no
136.15later than seven days after the general or special election. The secretary of state shall
136.16prepare blanks for this certification. An officer who issues a certificate of election to a
136.17candidate who has not certified that all reports required by section
136.18filed is guilty of a misdemeanor.
136.19 Sec. 60. Minnesota Statutes 2006, section 325L.03, is amended to read:
136.20325L.03 SCOPE.
136.21 (a) Except as otherwise provided in paragraphs (b) and (e), this chapter applies to
136.22electronic records and electronic signatures relating to a transaction.
136.23 (b) This chapter does not apply to a transaction to the extent it is governed by:
136.24 (1) the Uniform Commercial Code other than section
136.25article 2A; and
136.26 (2) section
136.27care directive; section
136.28power of attorney, or other instrument affecting real estate; section
136.293
136.30section
136.31preferences or instructions regarding intrusive mental health treatment.
136.32 (c) This chapter applies to an electronic record or electronic signature otherwise
136.33excluded from the application of this chapter under paragraph (b) to the extent it is
136.34governed by a law other than those specified in paragraph (b).
137.1 (d) A transaction subject to this chapter is also subject to other applicable substantive
137.2law.
137.3 (e) This chapter does not apply to the creation and execution of wills, codicils, or
137.4trusts other than trusts relating to the conduct of business, commercial, or governmental
137.5purposes.
137.6 (f) Except as provided in section 204B.09, subdivision 1a, this chapter does not
137.7apply to affidavits of candidacy relating to the conduct of elections.
137.8 Sec. 61. Minnesota Statutes 2006, section 375.101, subdivision 1, is amended to read:
137.9 Subdivision 1. Option for filling vacancies; election in 30 to
137.10as provided in subdivision 3, a vacancy in the office of county commissioner
137.11filled as provided in this subdivision and subdivision 2, or as provided in subdivision 4. If
137.12the vacancy is to be filled under this subdivision and subdivision 2, it must be filled at a
137.13special election not less than 30 nor more than
137.14special primary or special election may be held on the same day as a regular primary or
137.15regular election but the special election shall be held not less than 14 days after the special
137.16primary. The person elected at the special election shall take office immediately after
137.17receipt of the certificate of election and upon filing the bond and taking the oath of office
137.18and shall serve the remainder of the unexpired term. If the county has been reapportioned
137.19since the commencement of the term of the vacant office, the election shall be based
137.20on the district as reapportioned.
137.21EFFECTIVE DATE.This section is effective the day following final enactment.
137.22 Sec. 62. Minnesota Statutes 2006, section 375.101, is amended by adding a subdivision
137.23to read:
137.24 Subd. 4. Option for filling vacancies; appointment. Except as provided in
137.25subdivision 3, and as an alternative to the procedure provided in subdivisions 1 and 2, any
137.26other vacancy in the office of county commissioner may be filled by board appointment at
137.27a regular or special meeting. The appointment shall be evidenced by a resolution entered
137.28in the minutes and shall continue until an election is held under this subdivision. All
137.29elections to fill vacancies shall be for the unexpired term. If the vacancy occurs before the
137.30first day to file affidavits of candidacy for the next county general election and more than
137.31two years remain in the unexpired term, a special election shall be held in conjunction
137.32with the county general election. The appointed person shall serve until the qualification
137.33of the successor elected to fill the unexpired part of the term at that special election. If the
137.34vacancy occurs on or after the first day to file affidavits of candidacy for the county general
138.1election, or when less than two years remain in the unexpired term, there shall be no special
138.2election to fill the vacancy and the appointed person shall serve the remainder of the
138.3unexpired term and until a successor is elected and qualifies at the county general election.
138.4EFFECTIVE DATE.This section is effective the day following final enactment.
138.5 Sec. 63. Minnesota Statutes 2006, section 410.12, subdivision 1, is amended to read:
138.6 Subdivision 1. Proposals. The charter commission may propose amendments to
138.7such charter and shall do so upon the petition of voters equal in number to five percent of
138.8the total votes cast at the last previous state general election in the city. Proposed charter
138.9amendments must be submitted at least 12 weeks before the general election. Petitions
138.10may be signed no earlier than 26 weeks before the general election. Only registered
138.11voters are eligible to sign the petition. All petitions circulated with respect to a charter
138.12amendment shall be uniform in character and shall have attached thereto the text of the
138.13proposed amendment in full; except that in the case of a proposed amendment containing
138.14more than 1,000 words, a true and correct copy of the same may be filed with the city
138.15clerk, and the petition shall then contain a summary of not less than 50 nor more than 300
138.16words setting forth in substance the nature of the proposed amendment. Such summary
138.17shall contain a statement of the objects and purposes of the amendment proposed and an
138.18outline of any proposed new scheme or frame work of government and shall be sufficient
138.19to inform the signers of the petition as to what change in government is sought to be
138.20accomplished by the amendment. The summary, together with a copy of the proposed
138.21amendment, shall first be submitted to the charter commission for its approval as to form
138.22and substance. The commission shall within ten days after such submission to it, return
138.23the same to the proposers of the amendment with such modifications in statement as it
138.24may deem necessary in order that the summary may fairly comply with the requirements
138.25above set forth.
138.26 Sec. 64. Minnesota Statutes 2006, section 447.32, subdivision 4, is amended to read:
138.27 Subd. 4. Candidates; ballots; certifying election. A person who wants to be a
138.28candidate for the hospital board shall file an affidavit of candidacy for the election either
138.29as member at large or as a member representing the city or town where the candidate
138.30resides. The affidavit of candidacy must be filed with the city or town clerk not more than
138.3170 days nor less than 56 days before the first Tuesday after the first Monday in November
138.32of the year in which the general election is held. The city or town clerk must forward the
138.33affidavits of candidacy to the clerk of the hospital district or, for the first election, the clerk
138.34of the most populous city or town immediately after the last day of the filing period. A
139.1candidate may withdraw from the election by filing an affidavit of withdrawal with the
139.2clerk of the district no later than 5:00 p.m. two days after the last day to file affidavits
139.3of candidacy. A candidate for a hospital district office who wants write-in votes for the
139.4candidate to be counted must file a written request with the filing officer for the office
139.5sought no later than the seventh day before the general election. The filing officer must
139.6provide copies of the form to make the request.
139.7 Voting must be by secret ballot. The clerk shall prepare, at the expense of the
139.8district, necessary ballots for the election of officers. Ballots must be printed on tan paper
139.9and prepared as provided in the rules of the secretary of state. The ballots must be marked
139.10and initialed by at least two judges as official ballots and used exclusively at the election.
139.11Any proposition to be voted on may be printed on the ballot provided for the election
139.12of officers. The hospital board may also authorize the use of voting systems subject to
139.13chapter 206. Enough election judges may be appointed to receive the votes at each
139.14polling place. The election judges shall act as clerks of election, count the ballots cast,
139.15and submit them to the board for canvass.
139.16 After canvassing the election, the board shall issue a certificate of election to the
139.17candidate who received the largest number of votes cast for each office. The clerk shall
139.18deliver the certificate to the person entitled to it in person or by certified mail. Each person
139.19certified shall file an acceptance and oath of office in writing with the clerk within 30
139.20days after the date of delivery or mailing of the certificate. The board may fill any office
139.21as provided in subdivision 1 if the person elected fails to qualify within 30 days, but
139.22qualification is effective if made before the board acts to fill the vacancy.
139.23 Sec. 65. AUTOMATIC REGISTRATION.
139.24 An applicant for a Minnesota driver's license, instruction permit, or identification
139.25card must not be automatically registered to vote under Minnesota Statutes, section
139.26201.161, until the secretary of state has certified that the system for automatic registration
139.27of those applicants has been tested and shown to properly determine whether an applicant
139.28is eligible to vote.
139.29 Sec. 66. REPEALER.
139.30(a) Minnesota Statutes 2006, sections 201.061, subdivision 7; 201.096; 203B.02,
139.31subdivision 1a; and 203B.13, subdivision 3a, are repealed.
139.32(b) Minnesota Statutes 2006, section 203B.04, subdivision 5, is repealed effective
139.33April 1, 2008.
139.34(c) Minnesota Statutes 2006, section 200.04, is repealed effective January 1, 2008.
140.3 Section 1. Minnesota Statutes 2006, section 103C.305, subdivision 3, is amended to
140.4read:
140.5 Subd. 3. Ballots. Ballots shall be prepared by the county auditor. The names of
140.6candidates shall be placed on the "canary ballot" described in section
140.73
140.8District Supervisor" or "Conservation District Supervisor," based upon the district from
140.9which the supervisor is to be elected.
140.10 Sec. 2. Minnesota Statutes 2006, section 201.054, subdivision 1, is amended to read:
140.11 Subdivision 1. Registration. An individual may register to vote:
140.12 (1) at any time before the 20th day preceding any election as provided in section
140.14 (2) on the day of an election as provided in section
140.15 (3) when submitting an absentee ballot, by enclosing a completed registration
140.16application as provided in section
140.17 Sec. 3. Minnesota Statutes 2006, section 201.061, subdivision 4, is amended to read:
140.18 Subd. 4. Registration by election judges; procedures. Registration at the polling
140.19place on election day shall be conducted by the election judges. The election judge who
140.20registers an individual at the polling place on election day shall not handle that voter's
140.21ballots at any time prior to the opening of the ballot box after the voting ends. Registration
140.22
140.23individual who registers on election day proves residence by oath of a registered voter, the
140.24form containing the oath shall be attached to the individual's registration
140.25Registration
140.26county auditor who shall add the name of each voter to the registration system unless the
140.27information forwarded is substantially deficient. A county auditor who finds an election
140.28day registration substantially deficient shall give written notice to the individual whose
140.29registration is found deficient. An election day registration shall not be found deficient
140.30solely because the individual who provided proof of residence was ineligible to do so.
140.31 Sec. 4. Minnesota Statutes 2006, section 201.071, subdivision 3, is amended to read:
141.1 Subd. 3. Deficient registration. No voter registration application is deficient if it
141.2contains the voter's name, address, date of birth, current and valid Minnesota driver's
141.3license number or Minnesota state identification number, or if the voter has no current and
141.4valid Minnesota driver's license or Minnesota state identification number, the last four
141.5digits of the voter's Social Security number, if the voter has been issued a Social Security
141.6number, prior registration, if any, and signature. The absence of a zip code number does
141.7not cause the registration to be deficient. Failure to check a box on an application form
141.8that a voter has certified to be true does not cause the registration to be deficient. The
141.9election judges shall request an individual to correct a voter registration application if it is
141.10deficient or illegible
141.11
141.12registration application is deficient or the voter is duly and successfully challenged in
141.13accordance with section
141.14 A voter registration application accepted prior to August 1, 1983, is not deficient
141.15for lack of date of birth. The county or municipality may attempt to obtain the date of
141.16birth for a voter registration application accepted prior to August 1, 1983, by a request to
141.17the voter at any time except at the polling place. Failure by the voter to comply with this
141.18request does not make the registration deficient.
141.19 A voter registration application accepted before January 1, 2004, is not deficient for
141.20lack of a valid Minnesota driver's license or state identification number or the last four
141.21digits of a Social Security number. A voter registration application submitted by a voter
141.22who does not have a Minnesota driver's license or state identification number, or a Social
141.23Security number, is not deficient for lack of any of these numbers.
141.24 Sec. 5. Minnesota Statutes 2006, section 201.071, subdivision 4, is amended to read:
141.25 Subd. 4. Change of registration.
141.26
141.27county in Minnesota shall
141.28record electronically through the statewide registration system in the manner prescribed
141.29
141.30
141.31
141.32
141.33
141.34subdivision as a result of an election day registration shall also check the statewide
142.1registration system to determine whether the individual voted in more than one precinct in
142.2the most recent election.
142.3 Sec. 6. Minnesota Statutes 2006, section 201.081, is amended to read:
142.4201.081 REGISTRATION FILES.
142.5 The statewide registration system is the official record of registered voters. The
142.6voter registration
142.7registration system must be under the control of the county auditor or the public official to
142.8whom the county auditor has delegated the responsibility for maintaining voter registration
142.9records. The voter registration
142.10statewide registration system must not be removed from the control of the county auditor
142.11except as provided in this subdivision. The county auditor may make photographic copies
142.12of voter registration
142.13 A properly completed voter registration
142.14the secretary of state or a county auditor must be maintained by the secretary of state or
142.15the county auditor for at least 22 months after the date that the information on the
142.16application is entered into the database of the statewide registration system. The secretary
142.17of state or the county auditor may dispose of the
142.18months in the manner provided by section
142.19 Sec. 7. Minnesota Statutes 2006, section 201.091, subdivision 1, is amended to read:
142.20 Subdivision 1. Master list. Each county auditor shall prepare and maintain a
142.21current list of registered voters in each precinct in the county which is known as the
142.22master list. The master list must be created by entering each completed voter registration
142.23
142.24must show the name, residence address, and date of birth of each voter registered in
142.25the precinct. The information contained in the master list may only be made available
142.26to public officials for purposes related to election administration, jury selection, and in
142.27response to a law enforcement inquiry concerning a violation of or failure to comply with
142.28any criminal statute or state or local tax statute.
142.29 Sec. 8. Minnesota Statutes 2006, section 201.091, subdivision 8, is amended to read:
142.30 Subd. 8. Registration places. Each county auditor shall designate a number of
142.31public buildings in those political subdivisions of the county where preregistration of
142.32voters is allowed as provided in section
142.33register to vote. At least one public building must be designated for each 30,000 residents
143.1of the county. At least one telecommunications device for the deaf must be available for
143.2voter registration information in each county seat and in every city of the first, second,
143.3and third class.
143.4 An adequate supply of registration
143.5maintained at each designated location, and a designated individual must be available
143.6there to accept registration
143.7 A person who, because of disability, needs assistance in order to determine eligibility
143.8or to register must be assisted by a designated individual. Assistance includes but is not
143.9limited to reading the registration form and instructions and filling out the registration
143.10form as directed by the eligible voter.
143.11 Sec. 9. Minnesota Statutes 2006, section 201.27, subdivision 1, is amended to read:
143.12 Subdivision 1. Intentional violation. No officer, deputy, clerk, or other employee
143.13shall intentionally:
143.14 (1) fail to perform or enforce any of the provisions of this chapter except subdivision
143.152;
143.16 (2) remove a registration
143.17registration files in a manner or for a purpose not authorized by law;
143.18 (3) destroy or make an unauthorized change to a record required to be kept by
143.19this chapter; or
143.20 (4) add a name or names to the voter registration files, records, or cards, except as
143.21authorized by law.
143.22 An individual who violates this subdivision is guilty of a felony.
143.23 Sec. 10. Minnesota Statutes 2006, section 203B.04, subdivision 1, is amended to read:
143.24 Subdivision 1. Application procedures. Except as otherwise allowed by
143.25subdivision 2 or by section 203B.11, subdivision 4, an application for absentee ballots
143.26for any election may be submitted at any time not less than one day before the day of
143.27that election. The county auditor shall prepare absentee ballot application forms in the
143.28format provided by the secretary of state, notwithstanding rules on absentee ballot forms,
143.29and shall furnish them to any person on request. By January 1 of each even-numbered
143.30year, the secretary of state shall make the forms to be used available to auditors through
143.31electronic means. An application submitted pursuant to this subdivision shall be in writing
143.32and shall be submitted to:
143.33 (a) the county auditor of the county where the applicant maintains residence; or
144.1 (b) the municipal clerk of the municipality, or school district if applicable, where
144.2the applicant maintains residence.
144.3 An application shall be approved if it is timely received, signed and dated by the
144.4applicant, contains the applicant's name and residence and mailing addresses, and states
144.5that the applicant is eligible to vote by absentee ballot for one of the reasons specified in
144.6section
144.7must not be made available for public inspection. An application may be submitted to
144.8the county auditor or municipal clerk by an electronic facsimile device. An application
144.9mailed or returned in person to the county auditor or municipal clerk on behalf of a voter
144.10by a person other than the voter must be deposited in the mail or returned in person to
144.11the county auditor or municipal clerk within ten days after it has been dated by the voter
144.12and no later than six days before the election. The absentee ballot applications or a list of
144.13persons applying for an absentee ballot may not be made available for public inspection
144.14until the close of voting on election day.
144.15 An application under this subdivision may contain an application under subdivision
144.165 to automatically receive an absentee ballot application.
144.17 Sec. 11. Minnesota Statutes 2006, section 203B.04, subdivision 4, is amended to read:
144.18 Subd. 4. Registration at time of application. An eligible voter who is not
144.19registered to vote but who is otherwise eligible to vote by absentee ballot may register by
144.20including a completed voter registration
144.21individual shall present proof of residence as required by section
144.223
144.23as defined in section
144.25 Sec. 12. Minnesota Statutes 2006, section 203B.05, subdivision 2, is amended to read:
144.26 Subd. 2. City, school district, and town elections. For city, town, and school
144.27district elections not held on the same day as a statewide election,
144.28
144.29
144.30filed with the city, school district, or town clerk and the duties prescribed by this chapter for
144.31the county auditor shall be performed by the city, school district, or town clerk unless the
144.32county auditor agrees to perform those duties on behalf of the city, school district, or town
144.33clerk. The costs incurred to provide absentee ballots and perform the duties prescribed by
144.34this subdivision shall be paid by the city, town, or school district holding the election.
145.1 Notwithstanding any other law, this chapter applies to school district elections held
145.2on the same day as a statewide election or an election for a county or municipality wholly
145.3or partially within the school district.
145.4 Sec. 13. Minnesota Statutes 2006, section 203B.07, subdivision 1, is amended to read:
145.5 Subdivision 1. Delivery of envelopes, directions. The county auditor or the
145.6municipal clerk shall prepare, print, and transmit a return envelope, a ballot envelope, and
145.7a copy of the directions for casting an absentee ballot to each applicant whose application
145.8for absentee ballots is accepted pursuant to section
145.9an absentee ballot shall be printed in at least 14-point bold type with heavy leading and
145.10may be printed on the ballot envelope. When a person requests the directions in Braille
145.11or on cassette tape, the county auditor or municipal clerk shall provide them in the form
145.12requested. The secretary of state shall prepare Braille and cassette copies and make them
145.13available.
145.14 When a voter registration
145.15section
145.16instructions for registering to vote.
145.17 Sec. 14. Minnesota Statutes 2006, section 203B.08, subdivision 3, is amended to read:
145.18 Subd. 3. Procedures on receipt of ballots. When absentee ballots are returned to a
145.19county auditor or municipal clerk, that official shall stamp or initial and date the return
145.20envelope
145.21return envelopes received by that office. The county auditor or municipal clerk shall
145.22deliver to the appropriate election judges on election day all ballots received before or
145.23with the last mail delivery by the United States Postal Service on election day. A town
145.24clerk may request the United States Postal Service to deliver absentee ballots to the polling
145.25place on election day instead of to the official address of the town clerk.
145.26 Sec. 15. Minnesota Statutes 2006, section 203B.10, is amended to read:
145.27203B.10 DELIVERY OF ABSENTEE BALLOT APPLICATIONS TO
145.28ELECTION JUDGES.
145.29 (a) On the day before an election:
145.30
145.31the applications for absentee ballots theretofore received and endorsed as provided in
145.32section
146.1
146.2auditor and the applications for absentee ballots filed with their respective offices and
146.3endorsed as provided in section
146.4judges. Applications received on election day pursuant to section
146.52
146.6an absentee ballot board.
146.7 (b) Delivery of the applications to the municipal clerks and election judges in the
146.8precinct is not required if the absentee ballot envelopes have been accepted or rejected
146.9by an absentee ballot board pursuant to section 203B.13.
146.10 Sec. 16. Minnesota Statutes 2006, section 204B.06, subdivision 8, is amended to read:
146.11 Subd. 8. Proof of eligibility. A candidate for judicial office or for the office of
146.12county attorney shall submit with the affidavit of candidacy proof that the candidate is
146.13licensed to practice law in this state. Proof means providing a copy of a current attorney
146.14license.
146.15 A candidate for county sheriff shall submit with the affidavit of candidacy proof of
146.16licensure as a peace officer in this state. Proof means providing a copy of a current Peace
146.17Officer Standards and Training Board license.
146.18 Sec. 17. Minnesota Statutes 2006, section 204B.08, subdivision 3, is amended to read:
146.19 Subd. 3. Number of signatures. The number of signatures required on a
146.20nominating petition shall be as follows:
146.21 (a) for a federal or state office voted on statewide
146.22percent of the total number of individuals voting in the state at the last preceding state
146.23general election, or 2,000, whichever is less;
146.24 (b) for a congressional office, five percent of the total number of individuals voting
146.25in the district at the last preceding state general election, or 1,000, whichever is less;
146.26 (c) for a county or legislative office, ten percent of the total number of individuals
146.27voting in the county or legislative district at the last preceding state or county general
146.28election, or 500, whichever is less;
146.29 (d) for a municipal office in a city of the first class, the number specified in section
146.31 (e) for any other municipal or school district office, ten percent of the total number
146.32of individuals voting in the municipality, ward, school district, or other election district
146.33at the last preceding municipal, or school district if applicable, general election, or 500,
146.34whichever is less.
147.1 Sec. 18. Minnesota Statutes 2006, section 205A.10, subdivision 1, is amended to read:
147.2 Subdivision 1. Materials, ballots. The school district clerk shall prepare and have
147.3printed the necessary election materials, including ballots, for a school district election.
147.4The
147.5
147.6
147.7
147.8manner provided in section 204D.08, subdivision 3, for state elections.
147.9 Sec. 19. Minnesota Statutes 2006, section 205A.11, subdivision 2, is amended to read:
147.10 Subd. 2. Combined polling place. When no other election is being held in two or
147.11more precincts on the day of a school district election, the school board may designate
147.12one or more combined polling places at which the voters in those precincts may vote in
147.13the school district election. In school districts that have organized into separate board
147.14member election districts under section 205A.12, a combined polling place for a school
147.15general election must be arranged so that it does not include more than one board member
147.16election district.
147.17 Sec. 20. Minnesota Statutes 2006, section 206.82, subdivision 2, is amended to read:
147.18 Subd. 2. Plan.
147.19where an electronic voting system is used and the county auditor of a county in which an
147.20electronic voting system is used in more than one municipality and the county auditor of
147.21a county in which a counting center serving more than one municipality is located shall
147.22prepare a plan which indicates acquisition of sufficient facilities, computer time, and
147.23professional services and which describes the proposed manner of complying with section
147.25than 60 days before the first election at which the municipality uses an electronic voting
147.26system. Prior to July 1 of each subsequent general election year, the clerk or auditor
147.27shall submit to the secretary of state notification of any changes to the plan on file with
147.28the secretary of state. The secretary of state shall review each plan for its sufficiency and
147.29may request technical assistance from the Department of Administration or other agency
147.30which may be operating as the central computer authority. The secretary of state shall
147.31notify each reporting authority of the sufficiency or insufficiency of its plan within 20 days
147.32of receipt of the plan. The attorney general, upon request of the secretary of state, may
147.33seek a district court order requiring an election official to fulfill duties imposed by this
147.34subdivision or by rules promulgated pursuant to this section.
148.1
148.2
148.3
148.4
148.5
148.6 Sec. 21. Laws 2004, chapter 293, article 1, section 37, subdivision 2, is amended to
148.7read:
148.8 Subd. 2. Social security number. A voter must not be included on the list of voters
148.9prepared under Minnesota Statutes, section
148.10incomplete because of a failure to match the last four digits of the voter's Social Security
148.11number until the commissioner of public safety has:
148.12 (1) entered into an agreement with the commissioner of the Social Security
148.13Administration under Minnesota Statutes, section
148.14four digits of a Social Security number to verify voter registration information;
148.15
148.16
148.17
148.18
148.19has been tested and shown to properly verify the last four digits of a voter's Social
148.20Security number.