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S.F. No. 1997, 3rd Engrossment - 85th Legislative Session (2007-2008) Posted on May 07, 2007
1.2relating to government operations; appropriating money for general legislative
1.3and administrative expenses of state government; regulating state and local 1.4government operations; establishing the Minnesota Commission on Ethnic 1.5Heritage and New Americans; creating the position of poet laureate; imposing 1.6a temporary technology surcharge; establishing the Minnesota Commission 1.7on Terrorism and Disaster Preparedness; providing a process for continuing 1.8appropriations in certain circumstances; establishing provisions for grants 1.9management; defining significant individual; creating a state employees 1.10electronic health records pilot project; abolishing the Department of Employee 1.11Relations and transferring duties; requiring best value contracts and procurement 1.12for certain purposes; requiring reports; regulating elections and voter registration; 1.13amending Minnesota Statutes 2006, sections 4.035, subdivision 3; 5.12, 1.14subdivision 1; 15.06, subdivision 2; 15B.17, subdivision 1; 16A.102, subdivision 1.154; 16A.103, subdivision 1e; 16A.1286, subdivision 2; 16A.695, subdivisions 1.162, 3, by adding subdivisions; 16B.055, subdivision 1; 16B.24, subdivision 5; 1.1716B.35, subdivision 1; 16C.02, subdivisions 4, 12, 14, by adding subdivisions; 1.1816C.03, subdivisions 2, 3, 4, 8, 16, by adding subdivisions; 16C.05, subdivisions 1.191, 2; 16C.08, subdivisions 2, 4, by adding subdivisions; 16C.10, subdivision 1.207; 16C.16, subdivision 5; 16C.26; 16C.27, subdivision 1; 16C.28; 43A.02, by 1.21adding a subdivision; 43A.08, subdivision 2a; 43A.346, subdivision 1; 103C.305, 1.22subdivision 3; 103D.811, subdivision 3; 103E.505, subdivision 5; 116A.13, 1.23subdivision 5; 123B.52, subdivision 1, by adding a subdivision; 160.17, by 1.24adding a subdivision; 160.262, by adding a subdivision; 161.1419, subdivision 8; 1.25161.32, by adding a subdivision; 161.3412, subdivision 1; 161.38, subdivision 4; 1.26201.016, subdivision 1a; 201.054, subdivision 1; 201.056; 201.061, subdivisions 1.271, 3, 4, by adding a subdivision; 201.071, subdivisions 1, 3, 4; 201.081; 201.091, 1.28subdivisions 1, 8, 9; 201.12; 201.13, subdivision 3; 201.161; 201.171; 201.27, 1.29subdivision 1; 203B.02, subdivision 1; 203B.04, subdivisions 1, 4, 6; 203B.05, 1.30subdivision 2; 203B.06, subdivision 3; 203B.07, subdivisions 1, 2; 203B.08, 1.31subdivision 3; 203B.081; 203B.10; 203B.11, subdivision 4; 203B.12, subdivision 1.324; 203B.13, subdivisions 1, 2; 203B.16, subdivision 2; 203B.17, subdivision 2; 1.33203B.19; 203B.20; 203B.21, subdivisions 2, 3; 203B.22; 203B.23; 203B.24; 1.34203B.25; 203B.26; 204B.06, subdivisions 1, 8; 204B.08, subdivision 3; 204B.09, 1.35subdivisions 1, 1a, 3; 204B.11, subdivision 2; 204B.16, subdivision 1; 204B.21, 1.36subdivision 2; 204B.45, subdivision 2; 204C.06, subdivision 1; 204C.07, 1.37subdivision 3a, by adding a subdivision; 205.075, by adding a subdivision; 1.38205.10, by adding a subdivision; 205.13, by adding a subdivision; 205.16, 1.39subdivision 4; 205A.05, by adding a subdivision; 205A.07, subdivisions 3, 2.13a; 205A.10, subdivisions 1, 2; 205A.11, subdivision 2; 206.57, subdivision 2.25; 206.82, subdivision 2; 206.89, subdivisions 1, 5; 211A.02, subdivision 2; 2.3211A.05, subdivision 1; 270B.14, by adding a subdivision; 270C.03, subdivision 2.41; 302A.821, subdivision 4; 308A.995, subdivision 4; 308B.121, subdivision 2.54; 308B.215, subdivision 2; 317A.823, subdivision 1; 321.0206; 325L.03; 2.6336.1-110; 336.9-516; 336.9-525; 358.41; 358.42; 358.50; 359.085, subdivisions 2.72, 3; 365.37, by adding a subdivision; 374.13; 375.101, subdivision 1, by 2.8adding a subdivision; 375.21, by adding a subdivision; 383C.094, by adding a 2.9subdivision; 410.12, subdivision 1; 412.311; 429.041, by adding a subdivision; 2.10447.32, subdivision 4; 458D.21, by adding a subdivision; 469.015, by adding 2.11a subdivision; 469.068, subdivision 1, by adding a subdivision; 469.101, by 2.12adding a subdivision; 471.345, subdivision 5, by adding subdivisions; 471.61, 2.13subdivision 1a; 473.523, by adding a subdivision; 473.756, subdivision 12; 2.14477A.014, subdivision 4; 491A.02, subdivision 4; 507.24, subdivision 2; 517.08, 2.15subdivisions 1b, 1c; Laws 2004, chapter 293, article 1, section 37, subdivision 2; 2.16Laws 2005, chapter 156, article 2, section 45; Laws 2006, chapter 253, section 2.1722, subdivision 1; Laws 2006, chapter 282, article 14, section 5; proposing 2.18coding for new law in Minnesota Statutes, chapters 3; 4; 5; 8; 11A; 12; 13; 16A; 2.1916B; 16C; 161; 203B; 204B; 270C; 308B; 321; repealing Minnesota Statutes 2.202006, sections 16A.102, subdivisions 1, 2, 3; 16B.055, subdivisions 2, 3; 2.2116C.055, subdivision 1; 16C.08, subdivision 4a; 69.051, subdivision 1c; 200.04; 2.22201.061, subdivision 7; 201.096; 203B.02, subdivision 1a; 203B.04, subdivision 2.235; 203B.13, subdivision 3a; 203B.16, subdivision 3; 359.085, subdivision 8; 2.24645.44, subdivision 19. 2.25BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
2.30in this article.
2.45agencies and for the purposes specified in this article. The appropriations are from the 3.1general fund, or another named fund, and are available for the fiscal years indicated 3.2for each purpose. The figures "2008" and "2009" used in this article mean that the 3.3appropriations listed under them are available for the fiscal year ending June 30, 2008, or 3.4June 30, 2009, respectively. "The first year" is fiscal year 2008. "The second year" is fiscal 3.5year 2009. "The biennium" is fiscal years 2008 and 2009.
3.17purpose are specified in the following 3.18subdivisions.
3.22any revenues received by the house of 3.23representatives from sponsorship notices in 3.24broadcast or print media are appropriated to 3.25the house of representatives.
3.31the second year are for the Office of the 3.32Revisor of Statutes. 4.1(b) $1,257,000 the first year and $1,254,000 4.2the second year are for the Legislative 4.3Reference Library. 4.4(c) $5,719,000 the first year and $5,720,000 4.5the second year are for the Office of the 4.6Legislative Auditor. 4.7(d) $750,000 the first year is to the 4.8Legislative Coordinating Commission 4.9for a facilitated planning process relating 4.10to the Capitol building and the Capitol 4.11campus. The process must be conducted 4.12in cooperation with the Capitol Area 4.13Architectural and Planning Board and the 4.14commissioner of administration, and must 4.15include consideration of issues relating to 4.16renovation and possible expansion of the 4.17Capitol building, phasing strategies relating 4.18to renovation of the Capitol, and related 4.19campus planning issues. The process must 4.20include consideration of as many options as 4.21feasible relating to renovation of the Capitol 4.22and related campus buildings. The process 4.23must be completed by September 30, 2007. 4.24(e) All legislative offices should, whenever 4.25possible, implement information technology 4.26systems that are compatible and work 4.27seamlessly across the legislature. Wherever 4.28possible, single systems should be 4.29implemented to avoid unnecessary 4.30duplication and inefficiency. The directors 4.31of information technology for the senate, 4.32house of representatives, and the Legislative 4.33Coordinating Commission must submit 4.34a written report describing their efforts 4.35to collaborate on implementing shared 5.1information technology systems. The report 5.2must be submitted to the chairs of the house 5.3of representatives and senate committees 5.4with jurisdiction over rules and to the 5.5Legislative Coordinating Commission on 5.6January 15, 2008, and January 15, 2009.
5.10the Governor and Lieutenant Governor. 5.11$19,000 the first year and $19,000 the 5.12second year are for necessary expenses in 5.13the normal performance of the governor's 5.14and lieutenant governor's duties for which no 5.15other reimbursement is provided. 5.16(b) By September 1 of each year, the 5.17commissioner of finance shall report to 5.18the chairs of the senate Governmental 5.19Operations Budget Division and the house 5.20State Government Finance Division any 5.21personnel costs incurred by the Office of 5.22the Governor and Lieutenant Governor that 5.23were supported by appropriations to other 5.24agencies during the previous fiscal year. 5.25The Office of the Governor shall inform the 5.26chairs of the divisions before initiating any 5.27interagency agreements.
6.9transferred to the Help America Vote Act 6.10account and is designated as a portion of the 6.11match required by section 253(b)(5) of the 6.12Help America Vote Act. 6.13(b) $2,844,000 the first year is appropriated 6.14from the Help America Vote Act account for 6.15the purposes and uses authorized by federal 6.16law. This appropriation is available until 6.17June 30, 2009. 6.18(c) Notwithstanding Laws 2005, chapter 6.19162, section 34, subdivision 7, any balance 6.20remaining in the Help America Vote Act 6.21account after previous appropriations and the 6.22appropriations in this section is appropriated 6.23to the secretary of state for the purposes of 6.24the account. This appropriation is available 6.25until June 30, 2011.
6.32phase of an electronic licensing system. 6.33This is a onetime appropriation. This 7.1appropriation carries forward to the second 7.2year. 7.3(b) $3,910,000 the first year and $3,910,000 7.4the second year are for information 7.5technology security. The base appropriation 7.6is $2,682,000 in fiscal year 2010 and 7.7$2,682,000 in fiscal year 2011. 7.8(c) $1,000,000 the first year is for select small 7.9agency technology infrastructure projects. 7.10(d) $68,000 the first year is for an electronic 7.11documents study and report. 7.12(e) $200,000 the first year is for grants to be 7.13distributed to the counties participating in 7.14the development of the integrated financial 7.15system for enhancements to the system. 7.16Enhancements include: 7.17(1) systems to improve the tracking and 7.18reporting of state and federal grants; 7.19(2) electronic payments to vendors; 7.20(3) electronic posting of state payments to 7.21the financial system; 7.22(4) automating revenue collection and 7.23posting through check conversion, automatic 7.24clearing house transactions, or credit card 7.25processing; 7.26(5) improvements to county budgetary 7.27systems; 7.28(6) storage or linkage of electronic 7.29documents; 7.30(7) improved executive level reporting and 7.31extraction of data; and 7.32(8) improved information and reporting for 7.33audits. 8.1The grant funds shall be distributed on a pro 8.2rata basis to each of the counties participating 8.3in the development of the integrated financial 8.4system. The Minnesota Counties Computer 8.5Cooperative, acting as a fiscal agent for 8.6the participating counties, shall receive the 8.7grant money for the counties. The grants 8.8will only be distributed after $600,000 is 8.9expended or provided from other sources. 8.10The chief information officer may require 8.11a report or such other information as the 8.12chief information officer deems appropriate 8.13to verify that the requirements of this 8.14section have been met. This appropriation 8.15is available until June 30, 2011, and cancels 8.16on that date. 8.17The chief information officer shall report to 8.18the legislative committees and divisions with 8.19jurisdiction over state government policy 8.20and finance and economic development 8.21programs.
8.31purpose are specified in the following 8.32subdivisions.
9.2the second year are for office space costs of 9.3the legislature and veterans organizations, 9.4for ceremonial space, and for statutorily free 9.5space. 9.6(b) $2,500,000 the first year is to purchase 9.7and implement a Web-enabled, shared 9.8computer system to facilitate the state's real 9.9property portfolio management. 9.10(c) $885,000 the first year is for onetime 9.11funding of agency relocation expenses for 9.12the Department of Public Safety.
9.15second year are to fund activities to prepare 9.16for and promote the 2010 census. Base 9.17funding for this activity is $260,000 in fiscal 9.18year 2010 and $180,000 in fiscal year 2011. 9.19(b) $1,100,000 the first year and $1,100,000 9.20the second year are for the Land Management 9.21Information Center. 9.22(c) $196,000 the first year and $196,000 the 9.23second year are for the Office of the State 9.24Archaeologist. 9.25(d) $89,000 the first year is for the genetic 9.26information work group and report. This 9.27appropriation is available until June 30, 2009.
9.30Office of Grants Management to standardize 9.31state grants management policies and 9.32procedures. 9.33(b) $250,000 the first year and $250,000 9.34the second year are to establish a small 10.1agency resource team to consolidate and 10.2streamline the human resources and financial 10.3management activities for small state 10.4agencies, boards, and councils. 10.5(c) $700,000 the first year is a onetime 10.6appropriation for a targeted group business 10.7disparity study. The commissioner 10.8must cooperate with units of local 10.9government conducting similar studies. The 10.10commissioner shall ensure that the results of 10.11the study are kept current and that any new or 10.12upgraded accounting or procurement systems 10.13properly record purchases from minority and 10.14female-owned businesses through the use of 10.15state contracts, and the availability of bids 10.16from those businesses. 10.17(d) $74,000 the first year and $74,000 10.18the second year are for the Council on 10.19Developmental Disabilities. 10.20(e) $250,000 in fiscal year 2008 and $250,000 10.21in fiscal year 2009 are for a grant to the 10.22Council on Developmental Disabilities 10.23for the purpose of establishing a statewide 10.24self-advocacy network for persons with 10.25intellectual and developmental disabilities 10.26(ID/DD). The self-advocacy network shall: 10.27(1) ensure that persons with ID/DD are 10.28informed of their rights in employment, 10.29housing, transportation, voting, government 10.30policy, and other issues pertinent to the 10.31ID/DD community; 10.32(2) provide public education and awareness 10.33of the civil and human rights issues persons 10.34with ID/DD face; 11.1(3) provide funds, technical assistance, and 11.2other resources for self-advocacy groups 11.3across the state; and 11.4(4) organize systems of communications 11.5to facilitate an exchange of information 11.6between self-advocacy groups. 11.7This appropriation is in addition to any other 11.8appropriations and must be added to the base 11.9appropriation beginning in fiscal year 2010. 11.10(f) $75,000 is for purposes of promotion 11.11of document imaging work in government 11.12agencies to be done by persons with 11.13developmental disabilities.
11.16sustainable growth working group. 11.17(b) $1,000,000 is for a grant to Washington 11.18County for capital improvements detailed 11.19in the approved planned unit development 11.20for the Disabled Veteran's Rest Camp to 11.21provide increased capacity, amenities, access, 11.22and safety for Minnesota veterans. This 11.23appropriation is available until spent.
11.26television stations to assist with the continued 11.27conversion to a digital broadcast signal as 11.28mandated by the federal government. This 11.29appropriation must be used to assist each 11.30station to complete its digital production 11.31facilities and interconnect with other 11.32Minnesota public television stations. In 11.33order to qualify for these grants, a station 11.34must meet the criteria established for grants 12.1in Minnesota Statutes, section 129D.12, 12.2subdivision 2. 12.3(b) $3,000,000 is for grants to Minnesota 12.4Public Radio to assist with conversion to a 12.5digital broadcast signal. 12.6(c) $2,461,000 the first year and $1,161,000 12.7the second year are for matching grants for 12.8public television. 12.9(d) $200,000 the first year and $200,000 12.10the second year are for public television 12.11equipment grants. Equipment or matching 12.12grant allocations shall be made after 12.13considering the recommendations of the 12.14Minnesota Public Television Association. 12.15(e) $17,000 the first year and $17,000 the 12.16second year are for grants to the Twin Cities 12.17regional cable channel. 12.18(f) $413,000 in fiscal year 2008 and $287,000 12.19in fiscal year 2009 are for community service 12.20grants to public educational radio stations. 12.21(g) $400,000 in fiscal year 2008 and $100,000 12.22in fiscal year 2009 are for equipment grants 12.23to public educational radio stations. 12.24(h) The grants in paragraphs (f) and (g) 12.25must be allocated after considering the 12.26recommendations of the Association of 12.27Minnesota Public Educational Radio Stations 12.28under Minnesota Statutes, section 129D.14. 12.29(i) $830,000 the first year and $190,000 12.30the second year are for equipment grants to 12.31Minnesota Public Radio, Inc. 12.32(j) Any unencumbered balance remaining the 12.33first year for grants to public television or 13.1radio stations does not cancel and is available 13.2for the second year.
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.
13.16purpose are specified in the following 13.17subdivisions.
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.
13.27the Minnesota Accounting and Procurement 13.28System (MAPS).
13.31Health Care Purchasing Improvement. This 13.32is a onetime appropriation. 14.1(b) $350,000 the first year is to support 14.2the use of an electronic portfolio system to 14.3provide personal health records for MnSCU 14.4employees and other participants in the state 14.5employee group insurance program. Of 14.6this amount, $50,000 is for transfer to the 14.7University of Minnesota Health Informatics 14.8Division to evaluate the use and impact of 14.9personal health records on these employees. 14.10This appropriation is available until June 30, 14.112009.
14.22purpose are specified in subdivisions 2 and 3.
14.31the second year are for additional activities 14.32to identify and collect tax liabilities from 14.33individuals and businesses that currently 14.34do not pay all taxes owed. This initiative 14.35is expected to result in new general fund 15.1revenues of $42,400,000 for the biennium 15.2ending June 30, 2009. 15.3(b) The department must report to the chairs 15.4of the house of representatives Ways and 15.5Means and senate Finance Committees by 15.6March 1, 2008, and January 15, 2009, on the 15.7following performance indicators: 15.8(1) the number of corporations noncompliant 15.9with the corporate tax system each year and 15.10the percentage and dollar amounts of valid 15.11tax liabilities collected; 15.12(2) the number of businesses noncompliant 15.13with the sales and use tax system and the 15.14percentage and dollar amount of the valid tax 15.15liabilities collected; and 15.16(3) the number of individual noncompliant 15.17cases resolved and the percentage and dollar 15.18amounts of valid tax liabilities collected. 15.19(c) The reports must also identify base-level 15.20expenditures and staff positions related to 15.21compliance and audit activities, including 15.22baseline information as of January 1, 2006. 15.23The information must be provided at the 15.24budget activity level. 15.25(d) $10,000,000 the first year is for the 15.26purchase and development of an integrated 15.27tax software package. 15.28(e) $75,000 the first year and $75,000 the 15.29second year are for grants to one or more 15.30nonprofit organizations, qualifying under 15.31section 501(c)(3) of the Internal Revenue 15.32Code of 1986, to coordinate, facilitate, 15.33encourage, and aid in the provision of 15.34taxpayer assistance services. For purposes 16.1of this paragraph, "taxpayer assistance 16.2services" means accounting and tax 16.3preparation services provided by volunteers 16.4to low-income and disadvantaged Minnesota 16.5residents to help them file federal and 16.6state income tax returns and Minnesota 16.7property tax refund claims and may include 16.8providing personal representation before 16.9the Department of Revenue and Internal 16.10Revenue Service.
16.13the second year are for additional activities 16.14to identify and collect tax liabilities from 16.15individuals and businesses that currently 16.16do not pay all taxes owed. This initiative 16.17is expected to result in new general fund 16.18revenues of $60,000,000 for the biennium 16.19ending June 30, 2009.
16.22gambling regulation account in the special 16.23revenue fund.
16.26and card playing regulation accounts in the 16.27special revenue fund. 16.28(b) $295,000 the first year and $64,000 the 16.29second year and thereafter are for information 16.30technology improvements implemented in 16.31consultation with the Office of Enterprise 16.32Technology as part of the small agency 16.33technology initiative.
17.3 17.4must not exceed $27,378,000 in fiscal year 17.52008 and $28,141,000 in fiscal year 2009.
17.8If the appropriation for either year is 17.9insufficient, the appropriation for the other 17.10year is available for it.
17.15purpose are specified in the following 17.16subdivisions.
17.19subdivision 2; 17.20and
17.23If an appropriation in this section for either 17.24year is insufficient, the appropriation for the 17.25other year is available for it.
17.29under Minnesota Statutes, section 422A.101, 17.30subdivision 3.
18.2follows:
18.12special direct state aid to first class city 18.13teachers retirement funds authorized under 18.14Minnesota Statutes, section 18.15subdivisions 3a and 3c.
18.18be used for an additional event development 18.19position. This is a onetime appropriation. 18.20The base budget for the Amateur Sports 18.21Commission shall be $220,000 in fiscal year 18.222010 and $220,000 in fiscal year 2011. 18.23(b) The amount available for appropriation 18.24to the commission under Laws 2005, chapter 18.25156, article 2, section 43, is reduced in the 18.26first year and the second year by the amounts 18.27appropriated in this section.
19.3acquisition of an Indian burial site in 19.4Becker County. The Indian Affairs Council 19.5shall solicit donations from federal, state, 19.6nonprofit, private, and tribal sources for this 19.7purpose. This is a onetime appropriation and 19.8is available for expenditure until June 30, 19.92009. 19.10(b) $100,000 in the first year is for transfer to 19.11the director of the Minnesota Office of Higher 19.12Education for a grant for the Dakota/Ojibwe 19.13Language Revitalization Project to expand 19.14an existing pilot project to promote activities 19.15and programs that are specific to promoting 19.16revitalization of indigenous language for 19.17American Indian children who do not live 19.18on an Indian reservation. The pilot project 19.19shall focus on developing programs that 19.20meet the language needs of children in 19.21prekindergarten through grade 12. This is a 19.22onetime appropriation.
19.33may only be spent with the approval of 19.34the governor after consultation with the 19.35Legislative Advisory Commission pursuant 19.36to Minnesota Statutes, section 3.30. 20.1(b) If an appropriation in this section for 20.2either year is insufficient, the appropriation 20.3for the other year is available for it. 20.4(c) If a contingent account appropriation 20.5is made in one fiscal year, it should be 20.6considered a biennial appropriation. 20.7 Sec. 31. MANAGERIAL POSITION REDUCTIONS. 20.8 The governor must reduce the number of deputy commissioners, assistant 20.9commissioners, and positions designated as unclassified under authority of Minnesota 20.10Statutes, section 43A.08, subdivision 1a, by an amount that will generate savings to the 20.11general fund of $ 7,292,000 in the biennium ending June 30, 2009, and $7,292,000 in the 20.12biennium ending June 30, 2011. 20.13 Sec. 32. BALANCE CARRIED FORWARD. 20.14 Notwithstanding Minnesota Statutes, section 16A.1522, subdivision 4, any positive 20.15unrestricted general fund budgetary balance as of June 30, 2007, is carried forward to the 20.16fiscal year ending June 30, 2008. 20.19 Section 1. [3.9228] MINNESOTA COMMISSION ON ETHNIC HERITAGE 20.20AND NEW AMERICANS. 20.21 Subdivision 1. Office established. The Minnesota Commission on Ethnic Heritage 20.22and New Americans is established to: (1) recognize the state's rich ethnic diversity and 20.23the contributions that immigrants have made to the state's social, economic, and cultural 20.24history; and (2) capitalize on and develop the strengths of the immigrant community in 20.25Minnesota. The commission shall assist state government to foster an understanding and 20.26appreciation of ethnic and cultural diversity in Minnesota, to more effectively identify 20.27the underutilized resources within the immigrant community and to facilitate the full 20.28participation of immigrants in social, cultural, and political life in this state. 20.29 Subd. 2. Membership. (a) The commission consists of ten members. The governor 20.30shall appoint two public members; the Subcommittee on Committees of the Committee 20.31on Rules and Administration of the senate shall appoint two public members and two 20.32senators, one from the majority party and one from the minority party; and the speaker of 21.1the house of representatives shall appoint two public members and two members of the 21.2house of representatives, one from the majority party and one from the minority party. 21.3 (b) Public members must have experience in working with the immigrant 21.4community, including training, special skills, and experience that would benefit the 21.5commission, such as training and experience in business, management, economics, public 21.6policy, legal affairs, and social work. The appointing authorities are encouraged to consult 21.7with business and business trade organizations in the state and appoint public members 21.8who include: 21.9 (1) a business executive or employer with policy making or hiring authority, 21.10including the owner, chief executive, or operating officer of a business in this state; or 21.11 (2) a representative of a private business with employment opportunities that reflect 21.12the employment opportunities available within the state. 21.13The appointing authorities shall seek to collaborate with each other and with the councils 21.14established in Minnesota Statutes, sections 3.9223, 3.9225, and 3.9226, to ensure that the 21.15public membership of the commission is ethnically and geographically diverse and is 21.16reasonably balanced by gender. 21.17 (c) Compensation and expenses for public members are as provided in Minnesota 21.18Statutes, section 15.0575. 21.19 (d) The appointments required under this subdivision must be completed no later 21.20than September 1, 2007. 21.21 Subd. 3. Organization. As soon as possible after the appointments under 21.22subdivision 2 have been completed, the executive director of the Legislative Coordinating 21.23Commission shall convene the first meeting of the commission. The members of the 21.24commission shall select their chairperson at the first meeting. 21.25 Subd. 4. Assistance. The Legislative Coordinating Commission shall provide the 21.26administrative and clerical support services necessary for the operation of the commission. 21.27 Subd. 5. Duties. The commission shall: 21.28 (1) work with community leaders, the legislature, and the executive branch to 21.29develop programs and proposals that will encourage ethnic identity, preserve ethnic 21.30heritage, and promote education of the public about the state's heritage and cultural history; 21.31 (2) make recommendations to the legislature and the governor intended to foster the 21.32understanding and appreciation of cultural diversity in the state; 21.33 (3) maintain association with ethnic, cultural, and minority groups to determine 21.34community needs; 21.35 (4) study and consider opportunities and issues for the immigrant community in 21.36this state, including: 22.1 (i) steps to eliminate underutilization of immigrants in the state's work force; 22.2 (ii) improving the efficient use of existing state programs and services; and 22.3 (iii) other appropriate steps to improve the economic and social condition of 22.4immigrants in this state. 22.5 By December 1, 2008, the commission shall report to the chairs of the legislative 22.6committees and divisions with jurisdiction over issues affecting ethnic heritage and 22.7immigrants. The report must include a discussion of the items listed in this subdivision 22.8together with recommendations for state agencies and the legislature, including any 22.9proposed legislation necessary to accomplish the recommendations. The executive 22.10director of the Legislative Coordinating Commission shall ensure that copies of the report 22.11are available on the Legislative Coordinating Commission's Web site. 22.12 Subd. 6. Expiration. This section expires on June 30, 2009. 22.13 Sec. 2. Minnesota Statutes 2006, section 4.035, subdivision 3, is amended to read: 22.14 Subd. 3. Expiration date. Unless an earlier date is specified by statute or by 22.15executive order, an executive order shall expire 90 days after the date that the governor 22.16who issued the order 22.17EFFECTIVE DATE.This section is effective the day following final enactment. 22.18 Sec. 3. [4.60] POET LAUREATE. 22.19 (a) The position of poet laureate of the state of Minnesota is established. The 22.20Minnesota Humanities Commission must solicit nominations for the poet laureate 22.21appointment and must make recommendations to the governor. After receiving 22.22recommendations from the Minnesota Humanities Commission, the governor shall 22.23appoint a state poet laureate and conduct appropriate ceremonies to honor the person 22.24appointed. The person appointed as poet laureate continues to serve in this position until 22.25the governor appoints another person. 22.26 (b) State agencies and officers are encouraged to use the services of the poet laureate 22.27for appropriate ceremonies and celebrations. 22.28 Sec. 4. Minnesota Statutes 2006, section 5.12, subdivision 1, is amended to read: 22.29 Subdivision 1. Fees. The secretary of state shall charge a fee of $5 for each 22.30certificate or certification of a copy of any document filed in the Office of the Secretary 22.31of State. The secretary of state shall charge a fee of $3 for a copy of an original filing of 22.32a corporation, limited partnership, assumed name, or trade or service mark 22.33 23.1fee of $3 for a copy of any or all subsequent filings of a corporation, limited partnership, 23.2assumed name, or trade or service mark. The secretary of state shall charge a fee of $1 per 23.3page for copies of other nonuniform commercial code documents filed with the secretary of 23.4state. At the time of filing, the secretary of state may provide at the public counter, without 23.5charge, a copy of a filing, ten or fewer pages in length, to the person making the filing. 23.6 Sec. 5. [5.32] TEMPORARY TECHNOLOGY SURCHARGE. 23.7 Subdivision 1. Surcharge. For fiscal years 2008 and 2009, the following technology 23.8surcharges are imposed on the filing fees required under the following statutes: 23.9 (1) $25 for articles of incorporation filed under section 302A.151; 23.10 (2) $25 for articles of organization filed under section 322B.17; 23.11 (3) $25 for applications for certificates of authority to transact business in Minnesota 23.12filed under section 303.06; 23.13 (4) $20 for annual reports filed by non-Minnesota corporations under section 23.14303.14; and 23.15 (5) $50 for reinstatements to authority to transact business in Minnesota filed under 23.16section 303.19. 23.17 Subd. 2. Deposit. The surcharges listed in subdivision 1 shall be deposited into the 23.18uniform commercial code account. 23.19 Subd. 3. Expiration. This section expires June 30, 2009. 23.20 Sec. 6. [8.37] ASSISTANCE TO VETERANS. 23.21 The attorney general may advise and assist veterans and their families as to services 23.22available from public and private agencies. For purposes of this section, "veteran" means 23.23any veteran or active member of the United States armed services, including the National 23.24Guard and Reserves. 23.25 Sec. 7. [11A.27] REPORT ON INVESTMENT CONSULTANT ACTIVITIES 23.26AND DELIVERABLES. 23.27 (a) Annually, on or before November 1, the State Board of Investment shall file a 23.28report with the Legislative Reference Library on the activities and work product during 23.29that year of any investment consultants retained by the board. 23.30 (b) The report must include the following items: 23.31 (1) the total contract fee paid to each investment consultant; 23.32 (2) a listing of the projects in which the investment consultant was involved; and 24.1 (3) examples of the written work product provided by the investment consultant on 24.2those projects during the report coverage period. 24.3EFFECTIVE DATE.This section is effective June 30, 2007. 24.4 Sec. 8. [12.62] MINNESOTA COMMISSION ON TERRORISM AND DISASTER 24.5PREPAREDNESS. 24.6 Subdivision 1. Creation; duties. The Commission on Terrorism and Disaster 24.7Preparedness is established in the legislative branch to: 24.8 (1) advise the legislature on issues related to homeland security, emergency 24.9management, man-made and natural disasters, terrorism, bioterrorism, public health 24.10emergencies, and vulnerabilities in the public and private infrastructures; 24.11 (2) oversee the disaster preparation activities of the Department of Health, 24.12Department of Public Safety, and any other state agency, office, commission, or board that 24.13is within the commission's purview, and make recommendations to these organizations of 24.14changes or additions to the organizations' disaster preparedness and risk reduction work 24.15plans that the commission deems advisable; and 24.16 (3) make policy and finance recommendations to improve the state's public and 24.17private capacity to prevent, respond to, and recover from man-made and natural threats to 24.18the state. 24.19 Subd. 2. Membership. (a) The commission consists of: 24.20 (1) three members of the house of representatives, one of whom must be a member 24.21of the minority party, to be appointed by the speaker of the house of representatives; 24.22 (2) three members of the senate, one of whom must be a member of the minority 24.23party, to be appointed by the senate majority leader; 24.24 (3) the commissioner of public safety, or a designee, as a nonvoting member; 24.25 (4) the commissioner of health, or a designee, as a nonvoting member; 24.26 (5) the attorney general, or a designee, as a nonvoting member; 24.27 (6) two public members with relevant expertise, selected by the speaker of the 24.28house of representatives; 24.29 (7) two public members with relevant expertise, selected by the senate majority 24.30leader; 24.31 (8) two public members, selected by the speaker of the house of representatives; and 24.32 (9) two public members, selected by the senate majority leader. 24.33 (b) Voting members serve for a term ending December 31 of each even-numbered 24.34year, but continue to serve until their successors are appointed. Members serve at the 25.1pleasure of the appointing authority and may be reappointed. The appointing authority 25.2shall fill vacancies. 25.3 (c) One member, elected by a majority of members, shall serve as the commission 25.4chair. The commission chair should have relevant subject matter education, training, and 25.5experience. The commission is authorized to elect a vice-chair and other officers as it 25.6deems necessary. The commission shall determine the duties of each officer. 25.7 (d) The commission chair shall convene meetings of the commission on a regular 25.8basis. 25.9 Subd. 3. Compensation. Compensation of legislative members is as provided in 25.10section 3.101. Compensation of the remaining members is as provided in section 15.0575. 25.11 Subd. 4. Staff. The commission may appoint and fix the compensation of such 25.12additional legal and other personnel and consultants or contract for services to supply 25.13necessary data as may be necessary to enable the commission to carry out its functions. 25.14 Subd. 5. Data from state agencies; availability. The commission may request 25.15information from any state officer or agency or political subdivision of the state in order to 25.16assist the commission in carrying out its duties and the state officer, agency, or subdivision 25.17must promptly furnish any data required, subject to applicable requirements or restrictions 25.18imposed by chapter 13 and section 15.17. 25.19 Subd. 6. Report. By January 15 of each year, the commission must submit a 25.20report that contains the commission's policy and appropriation recommendations to the 25.21legislature, the commissioner of health, and the commissioner of public safety. 25.22 Subd. 7. First meeting and appointments. The first appointments required under 25.23this section must be completed by September 1, 2007. The commissioner of public safety, 25.24or a designee, shall convene the first meeting of the commission within 30 days following 25.25the completion of appointments required by this subdivision. 25.26 Subd. 8. Repeal. This section is repealed June 30, 2011. 25.27EFFECTIVE DATE.This section is effective July 1, 2007. 25.28 Sec. 9. [13.595] GRANTS. 25.29 Subdivision 1. Definitions. For purposes of this section, the following terms have 25.30the meanings given them. 25.31 (a) "Completion of the evaluation process" means that the granting agency has 25.32completed negotiating the grant agreement with the selected grantee. 25.33 (b) "Grant agreement" has the meaning given in section 16B.97, subdivision 1. 25.34 (c) "Grantee" means a person that applies for or receives a grant. 25.35 (d) "Granting agency" means the state government entity that provides the grant. 26.1 (e) "Opened" means the act that occurs once the deadline for submitting a response 26.2to a proposal to the granting agency has been reached. 26.3 (f) "Request for proposal" means the data outlining the responsibilities the granting 26.4agency wants the grantee to assume. 26.5 (g) "Response" means the data submitted by a grantee as required by a request for 26.6proposal. 26.7 Subd. 2. Request for applications. Data created by a granting agency to create a 26.8request for proposal is classified as nonpublic until the request for proposal is published. 26.9To the extent that a granting agency involves persons outside the granting agency to create 26.10the request for proposal, the data remain nonpublic in the hands of all persons who may 26.11not further disseminate any data that are created or reviewed as part of the request for 26.12proposal development. At publication, the data in the request for proposal is public. 26.13 Subd. 3. Responses to request for proposals. (a) Responses submitted by a grantee 26.14are private or nonpublic until the responses are opened. Once the responses are opened, 26.15the name and address of the grantee and the amount requested is public. All other data in a 26.16response is private or nonpublic data until completion of the evaluation process. After a 26.17granting agency has completed the evaluation process, all remaining data in the responses 26.18is public with the exception of trade secret data as defined and classified in section 13.37. 26.19A statement by a grantee that the response is copyrighted or otherwise protected does 26.20not prevent public access to the response. 26.21 (b) If all responses are rejected prior to completion of the evaluation process, 26.22all data, other than that made public at the opening, remain private or nonpublic 26.23until a resolicitation of proposals results in completion of the evaluation process or a 26.24determination is made to abandon the grant. If the rejection occurs after the completion of 26.25the evaluation process, the data remain public. If a resolicitation of proposals does not 26.26occur within one year of the grant opening date, the remaining data become public. 26.27 Subd. 4. Evaluation data. (a) Data created or maintained by a granting agency as 26.28part of the evaluation process referred to in this section are protected nonpublic data until 26.29completion of the evaluation process at which time the data are public with the exception 26.30of trade secret data as defined and classified in section 13.37. 26.31 (b) If a granting agency asks individuals outside the granting agency to assist with 26.32the evaluation of the responses, the granting agency may share not public data in the 26.33responses with those individuals. The individuals participating in the evaluation may not 26.34further disseminate the not public data they review. 26.35 Sec. 10. Minnesota Statutes 2006, section 15.06, subdivision 2, is amended to read: 27.1 Subd. 2. Term of office; successor. The term of a commissioner shall end with the 27.2term of the office of governor. 27.3term shall end 27.4vacates office. The appointing authority shall submit to the president of the senate 27.5the name of an appointee as permanent commissioner as provided by section 27.6subdivision 2 27.7and within 45 legislative days after the occurrence of a vacancy. The appointee shall 27.8take office as permanent commissioner when the senate notifies the appointing authority 27.9that it has consented to the appointment. A commissioner shall serve at the pleasure of 27.10the appointing authority. 27.11EFFECTIVE DATE.This section is effective the day following final enactment. 27.12 Sec. 11. Minnesota Statutes 2006, section 15B.17, subdivision 1, is amended to read: 27.13 Subdivision 1. Proposals. (a) Before a state agency or other public body develops 27.14 27.15improvements within the Capitol Area to submit to the legislature and the governor, 27.16it must consult with the board. 27.17 (b) The public body must provide enough money for the board's review and planning 27.18if the board decides its review and planning services are necessary. Money received by the 27.19board under this subdivision is deposited in the special revenue fund and appropriated to 27.20the board. 27.21 Sec. 12. Minnesota Statutes 2006, section 16A.102, subdivision 4, is amended to read: 27.22 Subd. 4. Reporting information. 27.23the time of a state revenue and expenditure forecast as specified in section 27.24subdivision 1 27.25must report on revenue relative to personal income 27.26information must specify (1) the share of personal income to be collected in taxes and 27.27other revenues to pay for state and local government services and (2) the division of that 27.28revenue between state and local government revenues. 27.29 Sec. 13. Minnesota Statutes 2006, section 16A.103, subdivision 1e, is amended to read: 27.30 Subd. 1e. Economic information. The commissioner must review economic 27.31information including economic forecasts with legislative fiscal staff no later than two 27.32weeks before the forecast is released. The commissioner must invite the chairs and lead 27.33minority members of the senate 28.1Ways and Means Committee, and legislative fiscal staff to attend any meetings held with 28.2outside economic advisors. The commissioner must provide legislative fiscal staff with 28.3monthly economic forecast information received from outside sources. 28.4 Sec. 14. [16A.117] CONTINUING APPROPRIATIONS. 28.5 If a major appropriation bill to fund a given state agency for the next biennium has 28.6not been passed in the same form by the house of representatives and senate and been 28.7presented to the governor before July 1 of an odd-numbered year, amounts sufficient to 28.8continue operation of that agency and the programs administered by that agency through 28.9July 31 of the fiscal year beginning in the same calendar year at the base level for that 28.10fiscal year, as determined according to section 16A.11, subdivision 3, and previous 28.11appropriation acts, are appropriated to the agency from the appropriate funds and accounts 28.12in the state treasury. The base level for an appropriation that was designated as onetime or 28.13was onetime in nature is zero. Determination of the amount appropriated may be made 28.14on a proration of the annual amount or another reasonable basis as determined by the 28.15commissioner of finance. 28.16 Sec. 15. Minnesota Statutes 2006, section 16A.1286, subdivision 2, is amended to read: 28.17 Subd. 2. Billing procedures. The commissioner may bill up to $7,520,000 in 28.18each fiscal year for statewide systems services provided to state agencies, judicial branch 28.19agencies, the University of Minnesota, the Minnesota State Colleges and Universities, 28.20and other entities. 28.21 28.22agency operating appropriations to the statewide systems account the amount billed by 28.23the commissioner. Billing policies and procedures related to statewide systems services 28.24must be developed by the commissioner in consultation with the commissioners of 28.25employee relations and administration, the University of Minnesota, and the Minnesota 28.26State Colleges and Universities. 28.27 Sec. 16. Minnesota Statutes 2006, section 16A.695, subdivision 2, is amended to read: 28.28 Subd. 2. Leases and management contracts. (a) A public officer or agency that 28.29is authorized by law to lease or enter into a management contract with respect to state 28.30bond financed property shall comply with this subdivision. A reference to a lease or 28.31management contract in this subdivision includes any amendments, modifications, or 28.32alterations to the referenced lease or management contract and refers to the lease wherein 29.1the public officer or agency is the lessor of the state bond financed property and the other 29.2contracting party is the lessee. 29.3 (b) The lease or management contract may be entered into for the express purpose of 29.4carrying out a governmental program established or authorized by law and established by 29.5official action of the contracting public officer or agency, in accordance with orders of the 29.6commissioner intended to ensure the legality and tax-exempt status of bonds issued to 29.7finance the property, and with the approval of the commissioner. A lease or management 29.8contract 29.9term substantially less than the useful life of the property, but may allow renewal beyond 29.10that term upon a determination by the lessor that the lessee has demonstrated that the use 29.11continues to carry out the governmental program. If the lessor and lessee do not renew the 29.12lease or management contract and if the lessee has contributed to the land and the capital 29.13improvements on the state bond financed property, the lessor may agree to reimburse the 29.14lessee for its investment in the land and capital improvements. The reimbursement may be 29.15paid, at the option of the lessor and lessee, at the time of nonrenewal without a requirement 29.16for a prior escrow of funds or at a later date and on additional terms agreed to by the lessor 29.17and the lessee. A lease or management contract must be terminable by the contracting 29.18public officer or agency if the other contracting party defaults under the contract or if the 29.19governmental program is terminated or changed, and must provide for program oversight 29.20by the contracting public officer or agency. The expiration or termination of a lease or 29.21management agreement does not require that the state bond proceeds be repaid or that 29.22the property be sold, so long as the property continues to be operated by, or on behalf of, 29.23the public officer or agency for the intended government program. Money received by 29.24the public officer or agency under the lease or management contract that is not needed 29.25to pay and not authorized to be used to pay operating costs of the property, or to pay the 29.26principal, interest, redemption premiums, and other expenses when due on debt related to 29.27the property other than state bonds, must be: 29.28 (1) paid to the commissioner in the same proportion as the state bond financing is 29.29to the total public debt financing for the property, excluding debt issued by a unit of 29.30government for which it has no financial liability; 29.31 (2) deposited in the state bond fund; and 29.32 (3) used to pay or redeem or defease bonds issued to finance the property in 29.33accordance with the commissioner's order authorizing their issuance. 29.34 The money paid to the commissioner is appropriated for this purpose. 29.35 (c) With the approval of the commissioner, a lease or management contract between 29.36a city and a nonprofit corporation under section 30.1the lessee to pay rentals sufficient to pay the principal, interest, redemption premiums, 30.2and other expenses when due with respect to state bonds issued to acquire and better 30.3the facilities. 30.4EFFECTIVE DATE.This section is effective retroactively from January 1, 2006, 30.5and applies to leases, grant agreements, or management agreements entered into on or 30.6after that date. 30.7 Sec. 17. Minnesota Statutes 2006, section 16A.695, subdivision 3, is amended to read: 30.8 Subd. 3. Sale of property. A public officer or agency shall not sell any state bond 30.9financed property unless the public officer or agency determines by official action that 30.10the property is no longer usable or needed by the public officer or agency to carry out 30.11the governmental program for which it was acquired or constructed, the sale is made as 30.12authorized by law, the sale is made for fair market value, and the sale is approved by the 30.13commissioner. If any state bonds issued to purchase or better the state bond financed 30.14property that is sold remain outstanding on the date of sale, the net proceeds of sale must 30.15be applied as follows: 30.16 (1) if the state bond financed property was acquired and bettered solely with state 30.17bond proceeds, the net proceeds of sale must be paid to the commissioner 30.18in the state 30.19 30.20 30.21 (2) if the state bond financed property was acquired or bettered partly with state 30.22bond proceeds and partly with other money, the net proceeds of sale must be used: first, to 30.23pay to the state the amount of state bond proceeds used to acquire or better the property; 30.24second, to pay in full any outstanding public or private debt incurred to acquire or better 30.25the property; 30.26public officer or agency or any private lender already paid in full, the amount of money 30.27contributed to the acquisition or betterment of the property; and fourth, any excess over the 30.28amount needed for those purposes must be divided in proportion to the shares contributed 30.29to the acquisition or betterment of the property and paid to the interested public and 30.30private entities, other than any private lender already paid in full, and the proceeds are 30.31appropriated for this purpose. In calculating the share contributed by each entity, the 30.32amount to be attributed to the owner of the property shall be the fair market value of the 30.33property that was bettered by state bond proceeds at the time the betterment began. 30.34 When all of the net proceeds of sale have been applied as provided in this 30.35subdivision, this section no longer applies to the property. 31.1EFFECTIVE DATE.This section is effective retroactively from January 1, 2006, 31.2and applies to leases, grant agreements, or management agreements entered into on or 31.3after that date. 31.4 Sec. 18. Minnesota Statutes 2006, section 16A.695, is amended by adding a 31.5subdivision to read: 31.6 Subd. 6. Match requirements. Recipients of grants from money appropriated 31.7from the bond proceeds fund may be required to demonstrate a commitment of money 31.8from nonstate sources. This matching money may be pledged payments that have been 31.9deposited into a segregated account or multiyear pledges that are converted into cash or 31.10cash equivalent through a loan or irrevocable letter of credit from a financial institution. 31.11The loan or irrevocable letter of credit may be secured by a lien on the state bond financed 31.12property. 31.13EFFECTIVE DATE.This section is effective retroactively from January 1, 2006, 31.14and applies to leases, grant agreements, or management agreements entered into on or 31.15after that date. 31.16 Sec. 19. Minnesota Statutes 2006, section 16A.695, is amended by adding a 31.17subdivision to read: 31.18 Subd. 7. Ground lease for state bond financed property. A public officer or 31.19agency, as lessee, may lease real property and improvements that are to be acquired or 31.20improved with state bond proceeds. The lease must be for a term equal to or longer than 31.21125 percent of the useful life of the property. The expiration of the lease upon the end of 31.22its term does not require that the state be repaid or that the property be sold and upon the 31.23expiration the real property and improvements are no longer state bond financed property. 31.24EFFECTIVE DATE.This section is effective retroactively from January 1, 2006, 31.25and applies to leases, grant agreements, or management agreements entered into on or 31.26after that date. 31.27 Sec. 20. Minnesota Statutes 2006, section 16A.695, is amended by adding a 31.28subdivision to read: 31.29 Subd. 8. General applicability. (a) This section establishes requirements for 31.30the receipt and use of general obligation grants and the ownership and operation of 31.31state bond-financed property. General obligation grants may only be issued and used to 31.32finance the acquisition and betterment of public lands and buildings and other public 32.1improvements of a capital nature that are used to operate a governmental program, and 32.2for predesign and design activities for specifically identified projects that involve the 32.3operation of a governmental program or activity. A general obligation grant may not be 32.4used for general operating expenses, staffing, or general master planning. A public officer 32.5or agency that is the recipient of a general obligation grant must comply with this section 32.6in its use of the general obligation grant and operation, management, lease, and sale 32.7of state bond-financed property. A public officer or agency that uses the proceeds of a 32.8general obligation grant for any unauthorized purpose or in violation of this section must 32.9immediately repay the outstanding balance of the grant to the commissioner, and a failure 32.10to comply authorizes the commissioner to recover the outstanding balance as a setoff 32.11against any state aid provided to the public officer or agency. 32.12 (b) This section does not create any new authority regarding the ownership, 32.13construction, rehabilitation, use, operation, lease management, or sale of state 32.14bond-financed property, or the operation of the governmental program that will be 32.15operated on the property. Any authority that is needed to enter into a management contract 32.16or lease of property, to sell property, or to operate a governmental program or carry out 32.17any activity contained in the law that appropriates money for a general obligation grant 32.18must be provided by as contained in some other law. 32.19EFFECTIVE DATE.This section is effective on and after July 1, 2007. 32.20 Sec. 21. Minnesota Statutes 2006, section 16A.695, is amended by adding a 32.21subdivision to read: 32.22 Subd. 9. Grant agreement. All general obligation grants must be evidenced by 32.23a grant agreement that specifies: 32.24 (1) how the general obligation grant will be used; 32.25 (2) the governmental program that will be operated on the state bond-financed 32.26property; and 32.27 (3) that the state bond-financed property must be operated in compliance with this 32.28section, all state and federal laws, and in a manner that will not cause the interest on the 32.29state general obligation bonds to be or become subject to federal income taxation for any 32.30reason. A grant agreement must comply with this section, the Minnesota Constitution, 32.31and all commissioner's orders, and also contain other provisions the commissioner of the 32.32agency making the grant deems appropriate. The commissioner shall draft and make 32.33available forms for grant agreements that satisfy the requirements of this subdivision. 32.34EFFECTIVE DATE.This section is effective on and after July 1, 2007. 33.1 Sec. 22. Minnesota Statutes 2006, section 16B.055, subdivision 1, is amended to read: 33.2 Subdivision 1. 33.3 33.4 33.5 33.6 33.7 33.8under the Assistive Technology Act of 1998, as provided by Public Law 108-364, as 33.9amended. The Minnesota Assistive Technology Advisory Council is established to fulfill 33.10the responsibilities required by the Assistive Technology Act, as provided by Public Law 33.11108-364, as amended. Because the existence of this council is required by federal law, this 33.12council does not expire and the expiration date provided in section 15.059, subdivision 33.135, does not apply. 33.14 (b) The governor shall appoint the membership of the council as required by the 33.15Assistive Technology Act of 1998, as provided by Public Law 108-364, as amended. 33.16After the governor has completed the appointments required by this subdivision, the 33.17commissioner of administration, or the commissioner's designee, shall convene the first 33.18meeting of the council following the appointments. Members shall serve two-year 33.19terms commencing July 1 of each odd-numbered year, and receive the compensation 33.20specified by the Assistive Technology Act of 1998, as provided by Public Law 108-364, as 33.21amended. The members of the council shall select their chair at the first meeting following 33.22their appointment. 33.23 Sec. 23. Minnesota Statutes 2006, section 16B.24, subdivision 5, is amended to read: 33.24 Subd. 5. Renting out state property. (a) Authority. The commissioner may rent 33.25out state property, real or personal, that is not needed for public use, if the rental is not 33.26otherwise provided for or prohibited by law. The property may not be rented out for 33.27more than five years at a time without the approval of the State Executive Council and 33.28may never be rented out for more than 25 years. A rental agreement may provide that 33.29the state will reimburse a tenant for a portion of capital improvements that the tenant 33.30makes to state real property if the state does not permit the tenant to renew the lease at 33.31the end of the rental agreement. 33.32 (b) Restrictions. Paragraph (a) does not apply to state trust fund lands, other state 33.33lands under the jurisdiction of the Department of Natural Resources, lands forfeited for 33.34delinquent taxes, lands acquired under section 34.1 (c) Rental of living accommodations. The commissioner shall establish rental rates 34.2for all living accommodations provided by the state for its employees. Money collected as 34.3rent by state agencies pursuant to this paragraph must be deposited in the state treasury 34.4and credited to the general fund. 34.5 (d) Lease of space in certain state buildings to state agencies. The commissioner 34.6may lease portions of the state-owned buildings 34.7 34.8 34.9the court administrator on behalf of the judicial branch of state government and charge 34.10rent on the basis of space occupied. Notwithstanding any law to the contrary, all money 34.11collected as rent pursuant to the terms of this section shall be deposited in the state 34.12treasury. Money collected as rent to recover the bond interest costs of a building funded 34.13from the state bond proceeds fund shall be credited to the general fund. Money collected 34.14as rent to recover the depreciation costs of a building funded from the state bond proceeds 34.15fund and money collected as rent to recover capital expenditures from capital asset 34.16preservation and replacement appropriations and statewide building access appropriations 34.17shall be credited to a segregated asset preservation and replacement account in a special 34.18revenue fund. Fifty percent of the money credited to the account each fiscal year must 34.19be transferred to the general fund. The remaining money in the account is appropriated 34.20to the commissioner to be expended for asset preservation projects as determined by the 34.21commissioner. Money collected as rent to recover the depreciation and interest costs of 34.22a building built with other state dedicated funds shall be credited to the dedicated fund 34.23which funded the original acquisition or construction. All other money received shall be 34.24credited to the general services revolving fund. 34.25 (e) Lease of space in Andersen and Freeman buildings. The commissioner may 34.26lease space in the Elmer L. Andersen and Orville L. Freeman buildings to state agencies 34.27and charge rent on the basis of space occupied. Money collected as rent under this 34.28paragraph to fund future building repairs must be credited to a segregated account for each 34.29building in the special revenue fund and is appropriated to the commissioner to make 34.30the repairs. When the state acquires title to each building, the account for that building 34.31must be abolished and any balance remaining in the account must be transferred to the 34.32appropriate asset preservation and replacement account created under paragraph (d). 34.33 Sec. 24. Minnesota Statutes 2006, section 16B.35, subdivision 1, is amended to read: 34.34 Subdivision 1. Percent of appropriations for art. An appropriation for the 34.35construction or alteration of any state building may contain an amount not to exceed 35.1 35.2acquisition of works of art, excluding landscaping, which may be an integral part of the 35.3building or its grounds, attached to the building or grounds or capable of being displayed 35.4in other state buildings. 35.5 35.6 35.7for this purpose is available only for the acquisition of works of art to be exhibited in areas 35.8of a building or its grounds accessible, on a regular basis, to members of the public. No 35.9more than ten percent of the total amount available each fiscal year under this subdivision 35.10may be used for administrative expenses, either by the commissioner of administration or 35.11by any other entity to whom the commissioner delegates administrative authority. For the 35.12purposes of this section "state building" means a building the construction or alteration of 35.13which is paid for wholly or in part by the state. 35.14EFFECTIVE DATE.This section is effective July 1, 2007. The repeal of the 35.15$100,000 limit in this section applies to appropriations made before, on, or after that date. 35.16 Sec. 25. [16B.97] GRANTS MANAGEMENT. 35.17 Subdivision 1. Grant agreement. (a) A grant agreement is a written instrument or 35.18electronic document defining a legal relationship between a granting agency and a grantee 35.19when the principal purpose of the relationship is to transfer cash or something of value 35.20to the recipient to support a public purpose authorized by law instead of acquiring by 35.21professional or technical contract, purchase, lease, or barter property or services for the 35.22direct benefit or use of the granting agency. 35.23 (b) This section does not apply to capital project grants to political subdivisions as 35.24defined by section 16A.86. 35.25 Subd. 2. Grants governance. The commissioner shall provide leadership and 35.26direction for policy related to grants management in Minnesota in order to foster more 35.27consistent, streamlined interaction between executive agencies, funders, and grantees that 35.28will enhance access to grant opportunities and information and lead to greater program 35.29accountability and transparency. The commissioner has the duties and powers stated in this 35.30section. An executive agency must do what the commissioner requires under this section. 35.31 Subd. 3. Discretionary powers. The commissioner has the authority to: 35.32 (1) review grants management practices and propose policy and procedure 35.33improvements to the governor, legislature, executive agencies, and the federal government; 35.34 (2) sponsor, support, and facilitate innovative and collaborative grants management 35.35projects with public and private organizations; 36.1 (3) review, recommend, and implement alternative strategies for grants management; 36.2 (4) collect and disseminate information, issue reports relating to grants management, 36.3and sponsor and conduct conferences and studies; and 36.4 (5) participate in conferences and other appropriate activities related to grants 36.5management issues. 36.6 Subd. 4. Duties. (a) The commissioner shall: 36.7 (1) create general grants management policies and procedures that are applicable to 36.8all executive agencies. The commissioner may approve exceptions to these policies and 36.9procedures for particular grant programs. Exceptions shall expire or be renewed after five 36.10years. Executive agencies shall retain management of individual grants programs; 36.11 (2) provide a central point of contact concerning statewide grants management 36.12policies and procedures; 36.13 (3) serve as a resource to executive agencies in such areas as training, evaluation, 36.14collaboration, and best practices in grants management; 36.15 (4) ensure grants management needs are considered in the development, upgrade, 36.16and use of statewide administrative systems and leverage existing technology wherever 36.17possible; 36.18 (5) oversee and approve future professional and technical service contracts and 36.19other information technology spending related to executive agency grants management 36.20activities; 36.21 (6) provide a central point of contact for comments about executive agencies 36.22violating statewide grants governance policies and about fraud and waste in grants 36.23processes; 36.24 (7) forward received comments to the appropriate agency for further action, and may 36.25follow up as necessary; 36.26 (8) provide a single listing of all available executive agency competitive grant 36.27opportunities and resulting grant recipients; 36.28 (9) selectively review development and implementation of executive agency grants, 36.29policies, and practices; and 36.30 (10) selectively review executive agency compliance with best practices. 36.31 (b) The commissioner may determine that it is cost-effective for agencies to develop 36.32and use shared grants management technology systems. This system would be governed 36.33under section 16E.01, subdivision 3, paragraph (b). 36.34 Sec. 26. [16B.98] GRANTS MANAGEMENT PROCESS. 37.1 Subdivision 1. Limitation. As a condition of receiving a grant from an appropriation 37.2of state funds, the recipient of the grant must agree to minimize administrative costs. The 37.3granting agency is responsible for negotiating appropriate limits to these costs so that the 37.4state derives the optimum benefit for grant funding. 37.5 Subd. 2. Ethical practices and conflict of interest. An employee of the executive 37.6branch involved directly or indirectly in grants processes, at any level, is subject to the 37.7code of ethics in section 43A.38. 37.8 Subd. 3. Conflict of interest. (a) The commissioner must develop policies 37.9regarding code of ethics and conflict of interest designed to prevent conflicts of interest for 37.10employees, committee members, or others involved in the recommendation, awarding, 37.11and administration of grants. The policies must apply to employees who are directly or 37.12indirectly in the grants process, which may include the following: 37.13 (1) developing request for proposals or evaluation criteria; 37.14 (2) drafting, recommending, awarding, amending, revising, or entering into grant 37.15agreements; 37.16 (3) evaluating or monitoring performance; or 37.17 (4) authorizing payments. 37.18 (b) The policies must include: 37.19 (1) a process to make all parties to the grant aware of policies and laws relating to 37.20conflict of interest, and training on how to avoid and address potential conflicts; and 37.21 (2) a process under which those who have a conflict of interest or a potential conflict 37.22of interest must disclose the matter. 37.23 (c) If the employee, appointing authority, or commissioner determines that a conflict 37.24of interest exists, the matter shall be assigned to another employee who does not have a 37.25conflict of interest. If it is not possible to assign the matter to an employee who does not 37.26have a conflict of interest, interested personnel shall be notified of the conflict and the 37.27employee may proceed with the assignment. 37.28 Subd. 4. Reporting of violations. A state employee who discovers evidence 37.29of violation of laws or rules governing grants is encouraged to report the violation or 37.30suspected violation to the employee's supervisor, the commissioner or the commissioner's 37.31designee, or the legislative auditor. The legislative auditor shall report to the Legislative 37.32Audit Commission if there are multiple complaints about the same agency. The auditor's 37.33report to the Legislative Audit Commission under this section must disclose only the 37.34number and type of violations alleged. An employee making a good faith report under this 37.35section has the protections provided for under section 181.932, prohibiting the employer 37.36from discriminating against the employee. 38.1 Subd. 5. Creation and validity of grant agreements. (a) A grant agreement is 38.2not valid and the state is not bound by the grant unless: 38.3 (1) the grant has been executed by the head of the agency or a delegate who is 38.4party to the grant; and 38.5 (2) the accounting system shows an encumbrance for the amount of the grant in 38.6accordance with policy approved by the commissioner. 38.7 (b) The combined grant agreement and amendments must not exceed five years 38.8without specific, written approval by the commissioner according to established policy, 38.9procedures, and standards, or unless the commissioner determines that a longer duration is 38.10in the best interest of the state. 38.11 (c) A fully executed copy of the grant agreement with all amendments and other 38.12required records relating to the grant must be kept on file at the granting agency for a time 38.13equal to that required of grantees in subdivision 8. 38.14 (d) Grant agreements must comply with policies established by the commissioner 38.15for minimum grant agreement standards and practices. 38.16 (e) The attorney general may periodically review and evaluate a sample of state 38.17agency grants to ensure compliance with applicable laws. 38.18 Subd. 6. Grant administration. A granting agency shall diligently administer 38.19and monitor any grant it has entered into. 38.20 Subd. 7. Grant payments. Payments to the grantee may not be issued until the 38.21grant agreement is fully executed. 38.22 Subd. 8. Audit. (a) A grant agreement made by an executive agency must include an 38.23audit clause that provides that the books, records, documents, and accounting procedures 38.24and practices of the grantee or other party that are relevant to the grant or transaction are 38.25subject to examination by the granting agency and either the legislative auditor or the state 38.26auditor, as appropriate, for a minimum of six years from the grant agreement end date, 38.27receipt and approval of all final reports, or the required period of time to satisfy all state 38.28and program retention requirements, whichever is later. If a grant agreement does not 38.29include an express audit clause, the audit authority under this subdivision is implied. 38.30 (b) If the granting agency is a local unit of government, and the governing body of 38.31the local unit of government requests that the state auditor examine the books, records, 38.32documents, and accounting procedures and practices of the grantee or other party 38.33according to this subdivision, the granting agency shall be liable for the cost of the 38.34examination. If the granting agency is a local unit of government, and the grantee or other 38.35party requests that the state auditor examine all books, records, documents, and accounting 39.1procedures and practices related to the grant, the grantee or other party that requested the 39.2examination shall be liable for the cost of the examination. 39.3 Subd. 9. Authority of attorney general. The attorney general may pursue 39.4remedies available by law to avoid the obligation of an agency to pay under a grant or to 39.5recover payments made if activities under the grant are so unsatisfactory, incomplete, or 39.6inconsistent that payment would involve unjust enrichment. The contrary opinion of the 39.7granting agency does not affect the power of the attorney general under this subdivision. 39.8 Subd. 10. Grants with Indian tribes and bands. Notwithstanding any other law, 39.9an agency may not require an Indian tribe or band to deny its sovereignty as a requirement 39.10or condition of a grant with an agency. 39.11 Sec. 27. Minnesota Statutes 2006, section 16C.02, is amended by adding a subdivision 39.12to read: 39.13 Subd. 3a. Best and final offer. "Best and final offer" means an optional step in 39.14the solicitation process in which responders are requested to improve their response by 39.15methods including, but not limited to, the reduction of cost, clarification or modification of 39.16the response, or the provision of additional information. 39.17 Sec. 28. Minnesota Statutes 2006, section 16C.02, subdivision 4, is amended to read: 39.18 Subd. 4. Best value. "Best value" describes a result intended in the acquisition of all 39.19goods and services. Price must be one of the evaluation criteria when acquiring goods 39.20and services. Other evaluation criteria may include, but are not limited to, environmental 39.21considerations, quality, and vendor performance. In achieving "best value" strategic 39.22sourcing tools, including but not limited to best and final offers, negotiations, contract 39.23consolidation, product standardization, and mandatory-use enterprise contracts shall be 39.24used at the commissioner's discretion. 39.25 Sec. 29. Minnesota Statutes 2006, section 16C.02, is amended by adding a subdivision 39.26to read: 39.27 Subd. 6a. Enterprise procurement. "Enterprise procurement" means the process 39.28undertaken by the commissioner to leverage economies of scale of multiple end users to 39.29achieve cost savings and other favorable terms in contracts for goods and services. 39.30 Sec. 30. Minnesota Statutes 2006, section 16C.02, subdivision 12, is amended to read: 39.31 Subd. 12. Request for proposal or RFP. "Request for proposal" or "RFP" means a 39.32solicitation in which it is not advantageous to set forth all the actual, detailed requirements 40.1at the time of solicitation and responses are 40.2best value for the state. 40.3 Sec. 31. Minnesota Statutes 2006, section 16C.02, subdivision 14, is amended to read: 40.4 Subd. 14. Response. "Response" means the offer received from a vendor in 40.5response to a solicitation. A response includes submissions commonly referred to as 40.6"offers," "bids," "quotes," 40.7 Sec. 32. Minnesota Statutes 2006, section 16C.02, is amended by adding a subdivision 40.8to read: 40.9 Subd. 20. Strategic sourcing. "Strategic sourcing" means methods used to 40.10analyze and reduce spending on goods and services, including but not limited to 40.11spend analysis, product standardization, contract consolidation, negotiations, multiple 40.12jurisdiction purchasing alliances, reverse and forward auctions, life-cycle costing, and 40.13other techniques. 40.14 Sec. 33. Minnesota Statutes 2006, section 16C.03, subdivision 2, is amended to read: 40.15 Subd. 2. Rulemaking authority. Subject to chapter 14, the commissioner may 40.16adopt rules, consistent with this chapter and chapter 16B, relating to the following topics: 40.17 (1) procurement process including solicitations and responses to solicitations, bid 40.18security, vendor errors, opening of responses, award of contracts, tied bids, and award 40.19protest process; 40.20 (2) contract performance and failure to perform; 40.21 (3) authority to debar or suspend vendors, and reinstatement of vendors; 40.22 (4) contract cancellation; 40.23 (5) procurement from rehabilitation facilities; and 40.24 (6) organizational conflicts of interest. 40.25 Sec. 34. Minnesota Statutes 2006, section 16C.03, subdivision 4, is amended to read: 40.26 Subd. 4. Contracting authority. The commissioner shall conduct all contracting by, 40.27for, and between agencies and perform all contract management and review functions for 40.28contracts, except those functions specifically delegated to be performed by the contracting 40.29agency, the attorney general, or otherwise provided for by law. The commissioner may 40.30require that agency staff participate in the development of enterprise procurements 40.31including the development of product standards, specifications and other requirements. 41.1 Sec. 35. Minnesota Statutes 2006, section 16C.03, subdivision 8, is amended to read: 41.2 Subd. 8. Policy and procedures. The commissioner is authorized to issue policies, 41.3procedures, and standards applicable to all acquisition activities by and for agencies. 41.4Consistent with the authority specified in this chapter, the commissioner shall develop 41.5and implement policies, procedures, and standards ensuring the optimal use of strategic 41.6sourcing techniques. 41.7 Sec. 36. Minnesota Statutes 2006, section 16C.03, subdivision 16, is amended to read: 41.8 Subd. 16. Delegation of duties. The commissioner may delegate duties imposed by 41.9this chapter to the head of an agency and to any subordinate of the agency head. Delegated 41.10duties shall be exercised in the name of the commissioner and under the commissioner's 41.11direct supervision and control. A delegation of duties may include, but is not limited to, 41.12allowing individuals within agencies to acquire goods, services, and utilities within dollar 41.13limitations and for designated types of acquisitions. Delegation of contract management 41.14and review functions must be filed with the secretary of state and may not, except with 41.15respect to delegations within the Department of Administration, exceed two years in 41.16duration. The commissioner may withdraw any delegation at the commissioner's sole 41.17discretion. The commissioner may require an agency head or subordinate to accept 41.18delegated responsibility to procure goods or services intended for the exclusive use of the 41.19agency receiving the delegation. 41.20 Sec. 37. [16C.046] WEB SITE WITH SEARCHABLE DATABASE ON STATE 41.21CONTRACTS AND GRANTS. 41.22 (a) The commissioner of administration must maintain a Web site with a searchable 41.23database providing the public with information on state contracts, including grant 41.24contracts. The database must include the following information for each state contract 41.25valued in excess of $25,000: 41.26 (1) the name and address of the entity receiving the contract; 41.27 (2) the name of the agency entering into the contract; 41.28 (3) whether the contract is: 41.29 (i) for goods; 41.30 (ii) for professional or technical services; 41.31 (iii) for services other than professional and technical services; or 41.32 (iv) a grant; 41.33 (4) a brief statement of the purpose of the contract or grant; 42.1 (5) the amount of the contract or grant and the fund from which this amount will be 42.2paid; and 42.3 (6) the dollar value of state contracts, other than grants, the entity has received in each 42.4fiscal year and the dollar value of state grants the entity has received in each fiscal year. 42.5 (b) Required information on a new contract or grant must be entered into the 42.6database within 30 days of the time the contract is entered into. 42.7 (c) For purposes of this section, a "grant" is a contract between a state agency and 42.8a recipient, the primary purpose of which is to transfer cash or a thing of value to the 42.9recipient to support a public purpose. Grant does not include payments to units of local 42.10government, payments to state employees, or payments made under laws providing for 42.11assistance to individuals. 42.12 (d) The database must include information on grants and contracts entered into 42.13beginning with fiscal year 2008 funds, and must retain that data for ten years. 42.14EFFECTIVE DATE.This section is effective January 1, 2008. 42.15 Sec. 38. Minnesota Statutes 2006, section 16C.05, subdivision 1, is amended to read: 42.16 Subdivision 1. Agency cooperation. Agencies shall fully cooperate with the 42.17commissioner in the management and review of state contracts and in the development 42.18and implementation of strategic sourcing techniques. 42.19 Sec. 39. Minnesota Statutes 2006, section 16C.05, subdivision 2, is amended to read: 42.20 Subd. 2. Creation and validity of contracts. (a) A contract is not valid and the state 42.21is not bound by it and no agency, without the prior written approval of the commissioner 42.22granted pursuant to subdivision 2a, may authorize work to begin on it unless: 42.23 (1) it has first been executed by the head of the agency or a delegate who is a party 42.24to the contract; 42.25 (2) it has been approved by the commissioner; and 42.26 (3) the accounting system shows an encumbrance for the amount of the contract 42.27liability, except as allowed by policy approved by the commissioner and commissioner of 42.28finance for routine, low-dollar procurements. 42.29 (b) The combined contract and amendments must not exceed five years without 42.30specific, written approval by the commissioner according to established policy, procedures, 42.31and standards, or unless otherwise provided for by law. The term of the original contract 42.32must not exceed two years unless the commissioner determines that a longer duration is 42.33in the best interest of the state. 43.1 (c) Grants, interagency agreements, purchase orders, work orders, and annual plans 43.2need not, in the discretion of the commissioner and attorney general, require the signature 43.3of the commissioner and/or the attorney general. A signature is not required for work 43.4orders and amendments to work orders related to Department of Transportation contracts. 43.5Bond purchase agreements by the Minnesota Public Facilities Authority do not require 43.6the approval of the commissioner. 43.7 (d) Amendments to contracts must entail tasks that are substantially similar to 43.8those in the original contract or involve tasks that are so closely related to the original 43.9contract that it would be impracticable for a different contractor to perform the work. The 43.10commissioner or an agency official to whom the commissioner has delegated contracting 43.11authority under section 43.12serve the interest of the state better than a new contract and would cost no more. 43.13 (e) A fully executed copy of every contract, amendments to the contract, and 43.14performance evaluations relating to the contract must be kept on file at the contracting 43.15agency for a time equal to that specified for contract vendors and other parties in 43.16subdivision 5. 43.17 (f) The attorney general must periodically review and evaluate a sample of state 43.18agency contracts to ensure compliance with laws. 43.19 Sec. 40. Minnesota Statutes 2006, section 16C.08, is amended by adding a subdivision 43.20to read: 43.21 Subd. 1a. Enterprise procurement. Notwithstanding section 15.061 or any 43.22other law, the commissioner shall, to the fullest extent practicable, conduct enterprise 43.23procurements that result in the establishment of professional or technical contracts for 43.24use by multiple state agencies. The commissioner is authorized to mandate use of any 43.25contract entered into as a result of an enterprise procurement process. Agencies shall fully 43.26cooperate in the development and use of contracts entered into under this section. 43.27 Sec. 41. Minnesota Statutes 2006, section 16C.08, subdivision 2, is amended to read: 43.28 Subd. 2. Duties of contracting agency. (a) Before an agency may seek approval of 43.29a professional or technical services contract valued in excess of $5,000, it must provide 43.30the following: 43.31 (1) a description of how the proposed contract or amendment is necessary and 43.32reasonable to advance the statutory mission of the agency; 43.33 (2) a description of the agency's plan to notify firms or individuals who may be 43.34available to perform the services called for in the solicitation; 44.1 (3) a description of the performance measures or other tools that will be used to 44.2monitor and evaluate contract performance 44.3 (4) an explanation detailing, if applicable, why this procurement is being pursued 44.4unilaterally by the agency and not as an enterprise procurement. 44.5 (b) In addition to paragraph (a), the agency must certify that: 44.6 (1) no current state employee is able and available to perform the services called 44.7for by the contract; 44.8 (2) the normal competitive bidding mechanisms will not provide for adequate 44.9performance of the services; 44.10 (3) reasonable efforts will be made to publicize the availability of the contract to 44.11the public; 44.12 (4) the agency will develop and implement a written plan providing for the 44.13assignment of specific agency personnel to manage the contract, including a monitoring 44.14and liaison function, the periodic review of interim reports or other indications of past 44.15performance, and the ultimate utilization of the final product of the services; 44.16 (5) the agency will not allow the contractor to begin work before the contract is fully 44.17executed unless an exception under section 44.18the commissioner and funds are fully encumbered; 44.19 (6) the contract will not establish an employment relationship between the state or 44.20the agency and any persons performing under the contract; 44.21 (7) in the event the results of the contract work will be carried out or continued by 44.22state employees upon completion of the contract, the contractor is required to include 44.23state employees in development and training, to the extent necessary to ensure that after 44.24completion of the contract, state employees can perform any ongoing work related to 44.25the same function 44.26 (8) the agency will not contract out its previously eliminated jobs for four years 44.27without first considering the same former employees who are on the seniority unit layoff 44.28list who meet the minimum qualifications determined by the agency. 44.29 (c) A contract establishes an employment relationship for purposes of paragraph (b), 44.30clause (6), if, under federal laws governing the distinction between an employee and an 44.31independent contractor, a person would be considered an employee. 44.32 Sec. 42. Minnesota Statutes 2006, section 16C.08, subdivision 4, is amended to read: 44.33 Subd. 4. Reports. (a) The commissioner shall submit to the governor, the chairs of 44.34the house Ways and Means and senate Finance Committees, and the Legislative Reference 44.35Library a yearly listing of all contracts for professional or technical services executed. 45.1The report must identify the contractor, contract amount, duration, and services to be 45.2provided. The commissioner shall also issue yearly reports summarizing the contract 45.3review activities of the department by fiscal year. 45.4 (b) The fiscal year report must be submitted by September 1 of each year and must: 45.5 (1) be sorted by agency and by contractor; 45.6 (2) show the aggregate value of contracts issued by each agency and issued to each 45.7contractor; 45.8 (3) distinguish between contracts that are being issued for the first time and contracts 45.9that are being extended; 45.10 (4) state the termination date of each contract; 45.11 (5) identify services by commodity code, including topics such as contracts for 45.12training, contracts for research and opinions, and contracts for computer systems; and 45.13 (6) identify which contracts were awarded without following the solicitation process 45.14in this chapter because it was determined that there was only a single source for the 45.15services. 45.16 (c) Within 30 days of final completion of a contract over $50,000 covered by this 45.17subdivision, the head of the agency entering into the contract must submit a one-page 45.18report to the commissioner who must submit a copy to the Legislative Reference Library. 45.19The report must: 45.20 (1) summarize the purpose of the contract, including why it was necessary to enter 45.21into a contract; 45.22 (2) state the amount spent on the contract; 45.23 45.24 45.25 45.26chapter because it was determined that there was only a single source for the services, 45.27explain why the agency determined there was only a single source for the services 45.28 (4) include a written performance evaluation of the work done under the contract. 45.29The evaluation must include an appraisal of the contractor's timeliness, quality, cost, and 45.30overall performance in meeting the terms and objectives of the contract. Contractors may 45.31request copies of evaluations prepared under this subdivision and may respond in writing. 45.32Contractor responses must be maintained with the contract file. 45.33 Sec. 43. Minnesota Statutes 2006, section 16C.08, is amended by adding a subdivision 45.34to read: 46.1 Subd. 4b. Limitations on actions. No action may be maintained by a contractor 46.2against an employee or agency who discloses information about a current or former 46.3contractor under subdivision 4, unless the contractor demonstrates by clear and convincing 46.4evidence that: 46.5 (1) the information was false and defamatory; 46.6 (2) the employee or agency knew or should have known the information was false 46.7and acted with malicious intent to injure the current or former contractor; and 46.8 (3) the information was acted upon in a manner that caused harm to the current or 46.9former contractor. 46.10 Sec. 44. [16C.086] CALL-CENTER. 46.11 An agency may not enter into a contract for operation of a call-center, or a contract 46.12whose primary purpose is to provide similar services answering or responding to telephone 46.13calls on behalf of an agency without determining if the service can be provided by state 46.14employees, and the services must be provided at offices located in the United States. For 46.15purposes of this section, "agency" includes the Minnesota State Colleges and Universities. 46.16EFFECTIVE DATE.This section is effective the day following final enactment, 46.17and applies to a contract entered into or renewed or otherwise extended after that date. 46.18 Sec. 45. Minnesota Statutes 2006, section 16C.10, subdivision 7, is amended to read: 46.19 Subd. 7. Reverse auction. (a) For the purpose of this subdivision, "reverse auction" 46.20means a purchasing process in which vendors compete to provide goods or 46.21services at the lowest selling price in an open and interactive environment. Reverse 46.22auctions may not be utilized to procure engineering design services or architectural 46.23services or to establish building and construction contracts under sections 16C.26 to 46.2416C.29. 46.25 (b) The provisions of sections 46.26do not apply when the commissioner determines that a reverse auction is the appropriate 46.27purchasing process. 46.28 Sec. 46. [16C.147] DOCUMENT IMAGING; USE OF PERSONS WITH 46.29DEVELOPMENTAL DISABILITIES. 46.30 The commissioner shall promote the use of persons with developmental disabilities 46.31to provide document imaging services for state and local government agencies. 46.32 Sec. 47. Minnesota Statutes 2006, section 16C.16, subdivision 5, is amended to read: 47.1 Subd. 5. Designation of targeted groups. (a) The commissioner of administration 47.2shall periodically designate businesses that are majority owned and operated by women, 47.3persons with a substantial physical disability, or specific minorities as targeted group 47.4businesses within purchasing categories as determined by the commissioner. A group 47.5may be targeted within a purchasing category if the commissioner determines there is a 47.6statistical disparity between the percentage of purchasing from businesses owned by 47.7group members and the representation of businesses owned by group members among all 47.8businesses in the state in the purchasing category. 47.9 (b) In addition to designations under paragraph (a), an individual business may be 47.10included as a targeted group business if the commissioner determines that inclusion is 47.11necessary to remedy discrimination against the owner based on race, gender, or disability 47.12in attempting to operate a business that would provide goods or services to public agencies. 47.13 (c) In addition to the designations under paragraphs (a) and (b), the commissioner of 47.14administration shall designate businesses that are majority owned and operated by veterans 47.15who have served in federal active service as defined in section 190.05, subdivision 5c, in 47.16support of Operation Enduring Freedom or Operation Iraqi Freedom as targeted group 47.17businesses within purchasing categories as determined by the commissioner. "Veteran" 47.18has the meaning given in section 197.447, and also includes both currently serving and 47.19honorably discharged members of the national guard and other military reserves. 47.20 47.21(a) 47.22rulemaking procedures of that chapter. 47.23EFFECTIVE DATE.This section is effective July 1, 2007, and applies to 47.24procurement contract bid solicitations issued on and after that date. 47.25 Sec. 48. [16C.251] BEST AND FINAL OFFER. 47.26 A "best and final offer" solicitation process may not be used for building and 47.27construction contracts. 47.28 Sec. 49. Minnesota Statutes 2006, section 43A.02, is amended by adding a subdivision 47.29to read: 47.30 Subd. 36a. Significant individual. (a) "Significant individual" means a person who 47.31has entered into a committed interdependent relationship with another adult, where neither 47.32person is married, and where the people: 47.33 (1) are responsible for each other's basic common welfare, basic living expenses, 47.34and financial obligations of the household; 48.1 (2) share a common residence and intend to do so indefinitely; and 48.2 (3) are legally competent and qualified to enter into a contract. 48.3 (b) Persons desiring to be recognized as significant individuals for purposes of this 48.4section must submit to the commissioner, in the form specified by the commissioner, a 48.5statement certifying that the persons meet the criteria necessary to qualify as significant 48.6individuals, accompanied by one of the following: 48.7 (1) a joint deed, mortgage agreement, or lease; 48.8 (2) evidence of a joint bank account; 48.9 (3) a designation as beneficiary under the other's life insurance policy or retirement 48.10benefits; 48.11 (4) a designation as an executor or primary beneficiary in the other's will; or 48.12 (5) a motor vehicle title denoting joint ownership. 48.13 (c) For purposes of this subdivision, significant individuals may share a common 48.14residence, even if: 48.15 (1) they do not each have a legal right to possess the residence; or 48.16 (2) one or both significant individuals possess additional real property. 48.17 If one significant individual temporarily leaves the common residence with the 48.18intention to return, the significant individuals continue to share a common residence for 48.19the purposes of this subdivision. 48.20 Sec. 50. Minnesota Statutes 2006, section 43A.08, subdivision 2a, is amended to read: 48.21 Subd. 2a. Temporary unclassified positions. The commissioner, upon request of 48.22an appointing authority, may authorize the temporary designation of a position in the 48.23unclassified service. The commissioner may make this authorization only for professional, 48.24managerial or supervisory positions which are fully anticipated to be of limited duration. 48.25An individual may not be employed by an appointing authority under this subdivision 48.26for more than 18 months. 48.27EFFECTIVE DATE.For individuals who are employed under section 43A.08, 48.28subdivision 2a, on the effective date of this section, the 18-month time limit under this 48.29section commences the day following final enactment. 48.30 Sec. 51. Minnesota Statutes 2006, section 43A.346, subdivision 1, is amended to read: 48.31 Subdivision 1. Definition. For purposes of this section, "state employee" means a 48.32person currently occupying a civil service position in the executive or legislative branch of 48.33state government, the Minnesota State Retirement System, or the Office of the Legislative 48.34Auditor, or a person employed by the Metropolitan Council. 49.1 Sec. 52. Minnesota Statutes 2006, section 161.1419, subdivision 8, is amended to read: 49.2 Subd. 8. Expiration. The commission expires on June 30, 49.3EFFECTIVE DATE.This section is effective the day following final enactment. 49.4 Sec. 53. Minnesota Statutes 2006, section 270B.14, is amended by adding a 49.5subdivision to read: 49.6 Subd. 19. Disclosure to Department of Finance. The commissioner may disclose 49.7to the commissioner of finance returns or return information necessary in order to prepare 49.8a revenue forecast under section 16A.103. 49.9 Sec. 54. Minnesota Statutes 2006, section 270C.03, subdivision 1, is amended to read: 49.10 Subdivision 1. Powers and duties. The commissioner shall have and exercise 49.11the following powers and duties: 49.12 (1) administer and enforce the assessment and collection of taxes; 49.13 (2) make determinations, corrections, and assessments with respect to taxes, 49.14including interest, additions to taxes, and assessable penalties; 49.15 (3) use statistical or other sampling techniques consistent with generally accepted 49.16auditing standards in examining returns or records and making assessments; 49.17 (4) investigate the tax laws of other states and countries, and formulate and submit 49.18to the legislature such legislation as the commissioner may deem expedient to prevent 49.19evasions of state revenue laws and to secure just and equal taxation and improvement in 49.20the system of state revenue laws; 49.21 (5) consult and confer with the governor upon the subject of taxation, the 49.22administration of the laws in regard thereto, and the progress of the work of the 49.23department, and furnish the governor, from time to time, such assistance and information 49.24as the governor may require relating to tax matters; 49.25 (6) execute and administer any agreement with the secretary of the treasury or the 49.26Bureau of Alcohol, Tobacco, Firearms, and Explosives in the Department of Justice of the 49.27United States or a representative of another state regarding the exchange of information 49.28and administration of the state revenue laws; 49.29 (7) require town, city, county, and other public officers to report information as to the 49.30collection of taxes received from licenses and other sources, and such other information 49.31as may be needful in the work of the commissioner, in such form as the commissioner 49.32may prescribe; 49.33 (8) authorize the use of unmarked motor vehicles to conduct seizures or criminal 49.34investigations pursuant to the commissioner's authority; 50.1 (9) maintain toll-free telephone access for taxpayer assistance for calls from 50.2locations within the state; and 50.3 (10) exercise other powers and authority and perform other duties required of or 50.4imposed upon the commissioner by law. 50.5EFFECTIVE DATE.This section is effective January 1, 2008. 50.6 Sec. 55. [270C.21] TAXPAYER ASSISTANCE GRANTS. 50.7 When the commissioner awards grants to nonprofit organizations to coordinate, 50.8facilitate, encourage, and aid in the provision of taxpayer assistance services, the 50.9commissioner must provide public notice of the grants in a timely manner so that the 50.10grant process is completed and grants are awarded by October 1, in order for recipient 50.11organizations to adequately plan expenditures for the filing season. At the time the 50.12commissioner provides public notice, the commissioner must also notify nonprofit 50.13organizations that received grants in the previous biennium. 50.14EFFECTIVE DATE.This section is effective the day following final enactment. 50.15 Sec. 56. Minnesota Statutes 2006, section 302A.821, subdivision 4, is amended to read: 50.16 Subd. 4. Penalty; reinstatement. (a) A corporation that has failed to file a 50.17registration pursuant to the requirements of subdivision 2 must be dissolved by the 50.18secretary of state as described in paragraph (b). 50.19 (b) If the corporation has not filed the registration 50.20any calendar 50.21dissolution and the certificate must be filed in the Office of the Secretary of State. 50.22 50.23 50.24 50.25 50.26 50.27 50.28 50.29 50.30an electronic format the names of the dissolved corporations. A corporation dissolved in 50.31this manner is not entitled to the benefits of section 50.32shareholders of a corporation dissolved in this manner shall be determined and limited in 51.1accordance with section 51.2any director of the corporation under section 51.3 (c) After administrative dissolution, filing a registration and the $25 fee with the 51.4secretary of state: 51.5 (1) returns the corporation to good standing as of the date of the dissolution; 51.6 (2) validates contracts or other acts within the authority of the articles, and the 51.7corporation is liable for those contracts or acts; and 51.8 (3) restores to the corporation all assets and rights of the corporation to the extent 51.9they were held by the corporation before the dissolution occurred, except to the extent that 51.10assets or rights were affected by acts occurring after the dissolution or sold or otherwise 51.11distributed after that time. 51.12EFFECTIVE DATE.This section is effective January 1, 2008. 51.13 Sec. 57. Minnesota Statutes 2006, section 308A.995, subdivision 4, is amended to read: 51.14 Subd. 4. Penalty; dissolution. (a) A cooperative that has failed to file a registration 51.15pursuant to the requirements of this section by December 31 of the calendar year for which 51.16the registration was required must be dissolved by the secretary of state as described in 51.17paragraph (b). 51.18 (b) If the cooperative has not filed the registration by December 31 of that calendar 51.19year, the secretary of state must issue a certificate of involuntary dissolution, and the 51.20certificate must be filed in the Office of the Secretary of State. 51.21 51.22 51.23 51.24format the names of the dissolved cooperatives. A cooperative dissolved in this manner is 51.25not entitled to the benefits of section 51.26EFFECTIVE DATE.This section is effective January 1, 2008. 51.27 Sec. 58. Minnesota Statutes 2006, section 308B.121, subdivision 4, is amended to read: 51.28 Subd. 4. Penalty; dissolution. (a) A cooperative that has failed to file a registration 51.29under the requirements of this section must be dissolved by the secretary of state as 51.30described in paragraph (b). 51.31 (b) If the cooperative has not filed the registration by December 31 of that calendar 51.32year, the secretary of state must issue a certificate of involuntary dissolution and the 51.33certificate must be filed in the Office of the Secretary of State. 52.1 52.2 52.3 52.4 52.5not entitled to the benefits of section 52.6EFFECTIVE DATE.This section is effective January 1, 2008. 52.7 Sec. 59. Minnesota Statutes 2006, section 308B.215, subdivision 2, is amended to read: 52.8 Subd. 2. Filing. The original articles and a designation of the cooperative's 52.9registered office and agent 52.10be filed with the secretary of state. The fee for filing the articles with the secretary of 52.11state is $60. 52.12EFFECTIVE DATE.This section is effective August 1, 2007. 52.13 Sec. 60. [308B.903] NOTICE OF INTENT TO DISSOLVE. 52.14 Before a cooperative begins dissolution, a notice of intent to dissolve must be filed 52.15with the secretary of state. The notice must contain: 52.16 (1) the name of the cooperative; 52.17 (2) the date and place of the members' meeting at which the resolution was 52.18approved; and 52.19 (3) a statement that the requisite vote of the members approved the proposed 52.20dissolution. 52.21EFFECTIVE DATE.This section is effective August 1, 2007. 52.22 Sec. 61. Minnesota Statutes 2006, section 317A.823, subdivision 1, is amended to read: 52.23 Subdivision 1. Annual registration. (a) The secretary of state must send annually 52.24to each corporation at the registered office of the corporation a postcard notice announcing 52.25the need to file the annual registration and informing the corporation that the annual 52.26registration may be filed online and that paper filings may also be made, and informing 52.27the corporation that failing to file the annual registration will result in an administrative 52.28dissolution of the corporation. 52.29 (b) 52.30beginning in the calendar year following the calendar year in which a corporation 52.31incorporates, a corporation must file with the secretary of state by December 31 of each 52.32calendar year a registration containing the information listed in paragraph (c). 53.1 (c) The registration must include: 53.2 (1) the name of the corporation; 53.3 (2) the address of its registered office; 53.4 (3) the name of its registered agent, if any; and 53.5 (4) the name and business address of the officer or other person exercising the 53.6principal functions of president of the corporation. 53.7 53.8 53.9 53.10 53.11 53.12 53.13 53.14 53.15 53.16 53.17 53.18 53.19 53.20EFFECTIVE DATE.This section is effective August 1, 2007. 53.21 Sec. 62. Minnesota Statutes 2006, section 321.0206, is amended to read: 53.22321.0206 DELIVERY TO AND FILING OF RECORDS BY SECRETARY OF 53.23STATE; EFFECTIVE TIME AND DATE. 53.24 (a) A record authorized or required to be delivered to the secretary of state for filing 53.25under this chapter must be captioned to describe the record's purpose, be in a medium 53.26permitted by the secretary of state, and be delivered to the secretary of state. Unless the 53.27secretary of state determines that a record does not comply with the filing requirements 53.28of this chapter, and if the appropriate filing fees have been paid, the secretary of state 53.29shall file the record and: 53.30 (1) for a statement of dissociation, send: 53.31 (A) a copy of the filed statement to the person which the statement indicates has 53.32dissociated as a general partner; and 53.33 (B) a copy of the filed statement to the limited partnership; 53.34 (2) for a statement of withdrawal, send: 54.1 (A) a copy of the filed statement to the person on whose behalf the record was 54.2filed; and 54.3 (B) if the statement refers to an existing limited partnership, a copy of the filed 54.4statement to the limited partnership; and 54.5 (3) for all other records, send a copy of the filed record to the person on whose 54.6behalf the record was filed. 54.7 (b) Upon request and payment of a fee, the secretary of state shall send to the 54.8requester a certified copy of the requested record. 54.9 (c) Except as otherwise provided in sections 54.10delivered to the secretary of state for filing under this chapter may specify an effective 54.11time and a delayed effective date. Except as otherwise provided in this chapter, a record 54.12filed by the secretary of state is effective: 54.13 (1) if the record does not specify an effective time and does not specify a delayed 54.14effective date, on the date and at the time the record is filed as evidenced by the secretary 54.15of state's endorsement of the date and time on the record; 54.16 (2) if the record specifies an effective time but not a delayed effective date, on the 54.17date the record is filed at the time specified in the record; 54.18 (3) if the record specifies a delayed effective date but not an effective time, at 12:01 54.19a.m. on the earlier of: 54.20 (A) the specified date; or 54.21 (B) the 30th day after the record is filed; or 54.22 (4) if the record specifies an effective time and a delayed effective date, at the 54.23specified time on the earlier of: 54.24 (A) the specified date; or 54.25 (B) the 30th day after the record is filed. 54.26 (d) The appropriate fees for filings under this chapter are: 54.27 (1) for filing a certificate of limited partnership, $100; 54.28 (2) for filing an amended certificate of limited partnership, $50; 54.29 (3) for filing any other record, other than the annual report required by section 54.30321.0210, for which no fee must be charged, required or permitted to be delivered for 54.31filing, $35; 54.32 (4) for filing a certificate requesting authority to transact business in Minnesota as a 54.33foreign limited partnership, $85; 54.34 (5) for filing an application of reinstatement, $25; 54.35 (6) for filing a name reservation for a foreign limited partnership name, $35; and 55.1 (7) for filing any other record, other than the annual report required by section 55.2321.0210, for which no fee must be charged, required or permitted to be delivered for 55.3filing on a foreign limited partnership authorized to transact business in Minnesota, $50. 55.4EFFECTIVE DATE.This section is effective July 1, 2007. 55.5 Sec. 63. [321.0909] NAME CHANGES FILED IN HOME STATE. 55.6 A foreign limited partnership shall notify the secretary of state of any changes to the 55.7partnership name filed with the state of formation by filing a certificate from the state of 55.8formation certifying to the change of name. 55.9EFFECTIVE DATE.This section is effective August 1, 2007. 55.10 Sec. 64. Minnesota Statutes 2006, section 336.1-110, is amended to read: 55.11336.1-110 UNIFORM COMMERCIAL CODE ACCOUNT. 55.12 The Uniform Commercial Code account is established as an account in the state 55.13treasury. Fees that are not expressly set by statute but are charged by the secretary of state 55.14to offset the costs of providing a service under this chapter must be deposited in the state 55.15treasury and credited to the Uniform Commercial Code account. 55.16 Fees that are not expressly set by statute but are charged by the secretary of state 55.17to offset the costs of providing information contained in the computerized records 55.18maintained by the secretary of state must be deposited in the state treasury and credited to 55.19the Uniform Commercial Code account. 55.20 Money in the Uniform Commercial Code account is continuously appropriated to the 55.21secretary of state to implement and maintain the central filing system under this chapter, 55.22to provide, improve, and expand other online or remote lien and business entity filing, 55.23retrieval, and payment method services provided by the secretary of state, and to provide 55.24electronic access to other computerized records maintained by the secretary of state. 55.25 Sec. 65. Minnesota Statutes 2006, section 336.9-516, is amended to read: 55.26336.9-516 WHAT CONSTITUTES FILING; EFFECTIVENESS OF FILING. 55.27 (a) What constitutes filing. Except as otherwise provided in subsection (b), 55.28communication of a record to a filing office and tender of the filing fee or acceptance of 55.29the record by the filing office constitutes filing. 55.30 (b) Refusal to accept record; filing does not occur. Filing does not occur with 55.31respect to a record that a filing office refuses to accept because: 56.1 (1) the record is not communicated by a method or medium of communication 56.2authorized by the filing office. For purposes of filing office authorization, transmission of 56.3records using the Extensible Markup Language (XML) format is authorized by the filing 56.4office after the later of July 1, 2007, or the determination of the secretary of state that the 56.5central filing system is capable of receiving and processing these records; 56.6 (2) an amount equal to or greater than the applicable filing fee is not tendered; 56.7 (3) the filing office is unable to index the record because: 56.8 (A) in the case of an initial financing statement, the record does not provide a name 56.9for the debtor; 56.10 (B) in the case of an amendment or correction statement, the record: 56.11 (i) does not identify the initial financing statement as required by section 56.12or 56.13 (ii) identifies an initial financing statement whose effectiveness has lapsed under 56.14section 56.15 (C) in the case of an initial financing statement that provides the name of a debtor 56.16identified as an individual or an amendment that provides a name of a debtor identified as 56.17an individual which was not previously provided in the financing statement to which the 56.18record relates, the record does not identify the debtor's last name; or 56.19 (D) in the case of a record filed or recorded in the filing office described in section 56.21to which it relates; 56.22 (4) in the case of an initial financing statement or an amendment that adds a secured 56.23party of record, the record does not provide a name and mailing address for the secured 56.24party of record; 56.25 (5) in the case of an initial financing statement or an amendment that provides a 56.26name of a debtor which was not previously provided in the financing statement to which 56.27the amendment relates, the record does not: 56.28 (A) provide a mailing address for the debtor; 56.29 (B) indicate whether the debtor is an individual or an organization; or 56.30 (C) if the financing statement indicates that the debtor is an organization, provide: 56.31 (i) a type of organization for the debtor; 56.32 (ii) a jurisdiction of organization for the debtor; or 56.33 (iii) an organizational identification number for the debtor or indicate that the debtor 56.34has none; 57.1 (6) in the case of an assignment reflected in an initial financing statement under 57.2section 57.3not provide a name and mailing address for the assignee; or 57.4 (7) in the case of a continuation statement, the record is not filed within the 57.5six-month period prescribed by section 57.6 (c) Rules applicable to subsection (b). For purposes of subsection (b): 57.7 (1) a record does not provide information if the filing office is unable to read or 57.8decipher the information; and 57.9 (2) a record that does not indicate that it is an amendment or identify an initial 57.10financing statement to which it relates, as required by section 57.12 (d) Refusal to accept record; record effective as filed record. A record that is 57.13communicated to the filing office with tender of the filing fee, but which the filing office 57.14refuses to accept for a reason other than one set forth in subsection (b), is effective as a 57.15filed record except as against a purchaser of the collateral which gives value in reasonable 57.16reliance upon the absence of the record from the files. 57.17EFFECTIVE DATE.This section is effective August 1, 2007. 57.18 Sec. 66. Minnesota Statutes 2006, section 336.9-525, is amended to read: 57.19336.9-525 FEES. 57.20 (a) Initial financing statement or other record: general rule. Except as otherwise 57.21provided in subsection (d), the fee for filing and indexing a record under this part 57.22 57.23fee collected for each filing made online must be deposited in the uniform commercial 57.24code account. 57.25 (b) Number of names. The number of names required to be indexed does not 57.26affect the amount of the fee in subsection (a). 57.27 (c) Response to information request. The fee for responding to a request for 57.28information from the filing office, including for issuing a certificate showing whether there 57.29is on file any financing statement naming a particular debtor, 57.30 57.31request delivered online must be deposited in the uniform commercial code account. 57.32 (d) Record of mortgage. This section does not require a fee with respect to a record 57.33of a mortgage which is effective as a financing statement filed as a fixture filing or as a 57.34financing statement covering as-extracted collateral or timber to be cut under section 58.2applicable to the record of the mortgage apply. 58.3 Sec. 67. Minnesota Statutes 2006, section 358.41, is amended to read: 58.4358.41 DEFINITIONS. 58.5 As used in sections 58.6 (1) "Notarial act" means any act that a notary public of this state is authorized to 58.7perform, and includes taking an acknowledgment, administering an oath or affirmation, 58.8taking a verification upon oath or affirmation, witnessing or attesting a signature, certifying 58.9or attesting a copy, and noting a protest of a negotiable instrument. A notary public may 58.10perform a notarial act by electronic means. 58.11 (2) "Acknowledgment" means a declaration by a person that the person has executed 58.12an instrument or electronic record for the purposes stated therein and, if the instrument 58.13or electronic record is executed in a representative capacity, that the person signed 58.14the instrument with proper authority and executed it as the act of the person or entity 58.15represented and identified therein. 58.16 (3) "Verification upon oath or affirmation" means a declaration that a statement is 58.17true made by a person upon oath or affirmation. 58.18 (4) "In a representative capacity" means: 58.19 (i) for and on behalf of a corporation, partnership, limited liability company, trust, or 58.20other entity, as an authorized officer, agent, partner, trustee, or other representative; 58.21 (ii) as a public officer, personal representative, guardian, or other representative, 58.22in the capacity recited in the instrument; 58.23 (iii) as an attorney in fact for a principal; or 58.24 (iv) in any other capacity as an authorized representative of another. 58.25 (5) "Notarial officer" means a notary public or other officer authorized to perform 58.26notarial acts. 58.27 (6) "Electronic signature" means an electronic sound, symbol, or process attached 58.28to or logically associated with a record and executed or adopted by a person with the 58.29intent to sign the record. 58.30 (7) "Electronic record" means a record created, generated, sent, communicated, 58.31received, or stored by electronic means. 58.32EFFECTIVE DATE.This section is effective August 1, 2007. 59.1 Sec. 68. Minnesota Statutes 2006, section 358.42, is amended to read: 59.2358.42 NOTARIAL ACTS. 59.3 (a) In taking an acknowledgment, the notarial officer must determine, either from 59.4personal knowledge or from satisfactory evidence, that the person appearing before the 59.5officer and making the acknowledgment is the person whose true signature is on the 59.6instrument or electronic record. 59.7 (b) In taking a verification upon oath or affirmation, the notarial officer must 59.8determine, either from personal knowledge or from satisfactory evidence, that the person 59.9appearing before the officer and making the verification is the person whose true signature 59.10is made in the presence of the officer on the statement verified. 59.11 (c) In witnessing or attesting a signature the notarial officer must determine, either 59.12from personal knowledge or from satisfactory evidence, that the signature is that of the 59.13person appearing before the officer and named therein. When witnessing or attesting a 59.14signature, the officer must be present when the signature is made. 59.15 (d) In certifying or attesting a copy of a document, electronic record, or other item, 59.16the notarial officer must determine that the proffered copy is a full, true, and accurate 59.17transcription or reproduction of that which was copied. 59.18 (e) In making or noting a protest of a negotiable instrument or electronic record the 59.19notarial officer must determine the matters set forth in section 59.20 (f) A notarial officer has satisfactory evidence that a person is the person whose true 59.21signature is on a document or electronic record if that person (i) is personally known to 59.22the notarial officer, (ii) is identified upon the oath or affirmation of a credible witness 59.23personally known to the notarial officer, or (iii) is identified on the basis of identification 59.24documents. 59.25EFFECTIVE DATE.This section is effective August 1, 2007. 59.26 Sec. 69. Minnesota Statutes 2006, section 358.50, is amended to read: 59.27358.50 EFFECT OF ACKNOWLEDGMENT. 59.28 An acknowledgment made in a representative capacity for and on behalf of a 59.29corporation, partnership, limited liability company, trust, or other entity and certified 59.30substantially in the form prescribed in this chapter is prima facie evidence that the 59.31instrument or electronic record was executed and delivered with proper authority. 59.32EFFECTIVE DATE.This section is effective August 1, 2007. 59.33 Sec. 70. Minnesota Statutes 2006, section 359.085, subdivision 2, is amended to read: 60.1 Subd. 2. Verifications. In taking a verification upon oath or affirmation, the notarial 60.2officer must determine, either from personal knowledge or from satisfactory evidence, that 60.3the person appearing before the officer and making the verification is the person whose 60.4true signature is made in the presence of the officer on the statement verified. 60.5EFFECTIVE DATE.This section is effective August 1, 2007. 60.6 Sec. 71. Minnesota Statutes 2006, section 359.085, subdivision 3, is amended to read: 60.7 Subd. 3. Witnessing or attesting signatures. In witnessing or attesting a signature, 60.8the notarial officer must determine, either from personal knowledge or from satisfactory 60.9evidence, that the signature is that of the person appearing before the officer and named in 60.10the document or electronic record. When witnessing or attesting a signature, the officer 60.11must be present when the signature is made. 60.12EFFECTIVE DATE.This section is effective August 1, 2007. 60.13 Sec. 72. Minnesota Statutes 2006, section 471.61, subdivision 1a, is amended to read: 60.14 Subd. 1a. Dependents. Notwithstanding the provisions of Minnesota Statutes 1969, 60.15section 60.16as used therein shall mean spouse and minor unmarried children under the age of 18 years 60.17and dependent students under the age of 25 years actually dependent upon the employee, 60.18and others as defined by governmental units at their discretion. 60.19 Sec. 73. Minnesota Statutes 2006, section 477A.014, subdivision 4, is amended to read: 60.20 Subd. 4. Costs. The director of the Office of Strategic and Long-Range Planning 60.21shall annually bill the commissioner of revenue for one-half of the costs incurred by the 60.22state demographer in the preparation of materials required by section 60.23auditor shall bill the commissioner of revenue for the costs of best practices reviews 60.24and the services provided by the Government Information Division and the parts of the 60.25constitutional office that are related to the government information function, and for 60.26the services provided by the Tax Increment Financing Investment and Finance Division 60.27required by section 469.3201, not to exceed 60.28commissioner of administration shall bill the commissioner of revenue for the costs of 60.29the local government records program and the intergovernmental information systems 60.30activity, not to exceed $205,800 each fiscal year. The commissioner of employee relations 60.31shall bill the commissioner of revenue for the costs of administering the local government 60.32pay equity function, not to exceed $55,000 each fiscal year. 61.1 Sec. 74. Minnesota Statutes 2006, section 491A.02, subdivision 4, is amended to read: 61.2 Subd. 4. Representation. (a) A corporation, partnership, limited liability company, 61.3sole proprietorship, or association may be represented in conciliation court by an officer, 61.4manager, or partner or an agent in the case of a condominium, cooperative, or townhouse 61.5association, or may appoint a natural person who is an employee or commercial property 61.6manager to appear on its behalf or settle a claim in conciliation court. The state or a 61.7political subdivision of the state may be represented in conciliation court by an employee 61.8of the pertinent governmental unit without a written authorization. The state also may be 61.9represented in conciliation court by an employee of the Division of Risk Management of 61.10the Department of Administration without a written authorization. Representation under 61.11this subdivision does not constitute the practice of law for purposes of section 61.12subdivision 8 61.13agent of a condominium, cooperative, or townhouse association, an authorized power 61.14of attorney, corporate authorization resolution, corporate bylaw, or other evidence of 61.15authority acceptable to the court must be filed with the claim or presented at the hearing. 61.16This subdivision also applies to appearances in district court by a corporation or limited 61.17liability company with five or fewer shareholders or members and to any condominium, 61.18cooperative, or townhouse association, if the action was removed from conciliation court. 61.19 (b) "Commercial property manager" means a corporation, partnership, or limited 61.20liability company or its employees who are hired by the owner of commercial real 61.21estate to perform a broad range of administrative duties at the property including tenant 61.22relations matters, leasing, repairs, maintenance, the negotiation and resolution of tenant 61.23disputes, and related matters. In order to appear in conciliation court, a property manager's 61.24employees must possess a real estate license under section 61.25owner of the property to settle all disputes with tenants and others within the jurisdictional 61.26limits of conciliation court. 61.27 (c) A commercial property manager who is appointed to settle a claim in conciliation 61.28court may not charge or collect a separate fee for services rendered under paragraph (a). 61.29 Sec. 75. Minnesota Statutes 2006, section 507.24, subdivision 2, is amended to read: 61.30 Subd. 2. Original signatures required. (a) Unless otherwise provided by law, an 61.31instrument affecting real estate that is to be recorded as provided in this section or other 61.32applicable law must contain the original signatures of the parties who execute it and of the 61.33notary public or other officer taking an acknowledgment. However, a financing statement 61.34that is recorded as a filing pursuant to section 61.35signatures of the debtor or the secured party; or (2) an acknowledgment. 62.1 (b)(1) Any electronic instruments, including signatures and seals, affecting real 62.2estate may only be recorded as part of a pilot project for the electronic filing of real 62.3estate documents implemented by the task force created in Laws 2000, chapter 391, or 62.4by the Electronic Real Estate Recording Task Force created under section 62.5Electronic Real Estate Recording Task Force created under section 507.094 may amend 62.6standards set by the task force created in Laws 2000, chapter 391, and may set new or 62.7additional standards and establish pilot projects to the full extent permitted in section 62.8507.094, subdivision 2, paragraph (b). Documents recorded in conformity with those 62.9standards and in those pilot projects are deemed to meet the requirements of this section. 62.10 (2)(i) A county that participated in the pilot project for the electronic filing of real 62.11estate documents under the task force created in Laws 2000, chapter 391, may continue to 62.12record or file documents electronically, if: 62.13 62.14 62.15 (ii) A county that did not participate in the pilot project may record or file a real 62.16estate document electronically, if: 62.17 62.18for the electronic filing of real estate documents under the task force created in Laws 62.192000, chapter 391; 62.20 62.21 62.22 62.23certification of compliance with paragraph (b), clause (2), of this section by the county 62.24board and county recorder of the county to implement electronic filing under this section. 62.25 (c) Notices filed pursuant to section 62.26contain an acknowledgment. 62.27 Sec. 76. Minnesota Statutes 2006, section 517.08, subdivision 1b, is amended to read: 62.28 Subd. 1b. Term of license; fee; premarital education. (a) The local registrar 62.29shall examine upon oath the party applying for a license relative to the legality of the 62.30contemplated marriage. If at the expiration of a five-day period, on being satisfied that 62.31there is no legal impediment to it, including the restriction contained in section 62.32local registrar shall issue the license, containing the full names of the parties before and 62.33after marriage, and county and state of residence, with the county seal attached, and make a 62.34record of the date of issuance. The license shall be valid for a period of six months. In case 62.35of emergency or extraordinary circumstances, a judge of the district court of the county in 63.1which the application is made, may authorize the license to be issued at any time before 63.2the expiration of the five days. Except as provided in paragraph (b), the local registrar shall 63.3collect from the applicant a fee of 63.4and filing all papers required, and preparing and transmitting to the state registrar of vital 63.5statistics the reports of marriage required by this section. If the license should not be used 63.6within the period of six months due to illness or other extenuating circumstances, it may 63.7be surrendered to the local registrar for cancellation, and in that case a new license shall 63.8issue upon request of the parties of the original license without fee. A local registrar who 63.9knowingly issues or signs a marriage license in any manner other than as provided in this 63.10section shall pay to the parties aggrieved an amount not to exceed $1,000. 63.11 (b) The marriage license fee for parties who have completed at least 12 hours of 63.12premarital education is 63.13parties must submit at the time of applying for the marriage license a signed and dated 63.14statement from the person who provided the premarital education confirming that it was 63.15received. The premarital education must be provided by a licensed or ordained minister 63.16or the minister's designee, a person authorized to solemnize marriages under section 63.19communication and conflict management skills. 63.20 (c) The statement from the person who provided the premarital education under 63.21paragraph (b) must be in the following form: 63.22 "I, (name of educator), confirm that (names of both parties) received at least 12 63.23hours of premarital education that included the use of a premarital inventory and the 63.24teaching of communication and conflict management skills. I am a licensed or ordained 63.25minister, a person authorized to solemnize marriages under Minnesota Statutes, section 63.27Statutes, section 148B.33." 63.28 The names of the parties in the educator's statement must be identical to the legal 63.29names of the parties as they appear in the marriage license application. Notwithstanding 63.30section 63.31time it may be destroyed. 63.32 (d) If section 63.33shall grant the marriage license without the requested name change. Alternatively, the local 63.34registrar may delay the granting of the marriage license until the party with the conviction: 64.1 (1) certifies under oath that 30 days have passed since service of the notice for a 64.2name change upon the prosecuting authority and, if applicable, the attorney general and no 64.3objection has been filed under section 64.4 (2) provides a certified copy of the court order granting it. The parties seeking the 64.5marriage license shall have the right to choose to have the license granted without the 64.6name change or to delay its granting pending further action on the name change request. 64.7 Sec. 77. Minnesota Statutes 2006, section 517.08, subdivision 1c, is amended to read: 64.8 Subd. 1c. Disposition of license fee. (a) Of the marriage license fee collected 64.9pursuant to subdivision 1b, paragraph (a), 64.10local registrar must pay $85 to the commissioner of finance to be deposited as follows: 64.11 (1) $50 in the general fund; 64.12 (2) $3 in the special revenue fund to be appropriated to the commissioner of 64.13education for parenting time centers under section 64.14 (3) $2 in the special revenue fund to be appropriated to the commissioner of health 64.15for developing and implementing the MN ENABL program under section 64.16 (4) $25 in the special revenue fund is appropriated to the commissioner of 64.17employment and economic development for the displaced homemaker program under 64.18section 64.19 (5) $5 in the special revenue fund is appropriated to the commissioner of human 64.20services for the Minnesota Healthy Marriage and Responsible Fatherhood Initiative under 64.21section 64.22 (b) Of the 64.23by the county. The local registrar must pay $15 to the commissioner of finance to be 64.24deposited as follows: 64.25 (1) $5 as provided in paragraph (a), clauses (2) and (3); and 64.26 (2) $10 in the special revenue fund is appropriated to the commissioner of 64.27employment and economic development for the displaced homemaker program under 64.28section 64.29 (c) The increase in the marriage license fee under paragraph (a) provided for in Laws 64.302004, chapter 273, and disbursement of the increase in that fee to the special fund for the 64.31Minnesota Healthy Marriage and Responsible Fatherhood Initiative under paragraph (a), 64.32clause (5), is contingent upon the receipt of federal funding under United States Code, title 64.3342, section 1315, for purposes of the initiative. 64.34 Sec. 78. Laws 2005, chapter 156, article 2, section 45, is amended to read: 65.1 Sec. 45. SALE OF STATE LAND. 65.2 Subdivision 1. State land sales. The commissioner of administration shall 65.3coordinate with the head of each department or agency having control of state-owned land 65.4to identify and sell at least $6,440,000 of state-owned land. Sales should be completed 65.5according to law and as provided in this section as soon as practicable but no later than 65.6June 30, 65.8for public sale by only providing notice of lands or an offer of sale of lands to state 65.9departments or agencies, the University of Minnesota, cities, counties, towns, school 65.10districts, or other public entities. 65.11 Subd. 2. Anticipated savings. Notwithstanding Minnesota Statutes, section 65.13sale of land under this section that exceeds the actual expenses of selling the land must 65.14be deposited in the general fund, except as otherwise provided by the commissioner of 65.15finance. Notwithstanding Minnesota Statutes, section 65.16of finance may establish the timing of payments for land purchased under this section. If 65.17the total of all money deposited into the general fund from the proceeds of the sale of land 65.18under this section is anticipated to be less than $6,440,000, the governor must allocate the 65.19amount of the difference as reductions to general fund operating expenditures for other 65.20executive agencies for the biennium ending June 30, 65.21 Subd. 3. Sale of state lands revolving loan fund. $290,000 is appropriated from 65.22the general fund in fiscal year 2006 to the commissioner of administration for purposes 65.23of paying the actual expenses of selling state-owned lands to achieve the anticipated 65.24savings required in this section. From the gross proceeds of land sales under this section, 65.25the commissioner of administration must cancel the amount of the appropriation in this 65.26subdivision to the general fund by June 30, 2007. 65.27 Sec. 79. Laws 2006, chapter 253, section 22, subdivision 1, is amended to read: 65.28 Subdivision 1. Genetic information; work group. (a) The commissioner must 65.29create a work group to develop principles for public policy on the use of genetic 65.30information. The work group must include representatives of state government, including 65.31the judicial branch, local government, prosecutors, public defenders, the American Civil 65.32Liberties Union - Minnesota, the Citizens Council on Health Care, the University of 65.33Minnesota Center on Bioethics, the Minnesota Medical Association, the Mayo Clinic 65.34and Foundation, the March of Dimes, and representatives of employers, researchers, 65.35epidemiologists, laboratories, and insurance companies. 66.1 (b) The commissioner of administration and the work group must conduct reviews 66.2of the topics in paragraphs (c) to (f), in light of the issues raised in the report on treatment 66.3of genetic information under state law required by Laws 2005, chapter 163, section 87. 66.4The commissioner must report the results, including any recommendations for legislative 66.5changes, to the chairs of the house Civil Law Committee and the senate Judiciary 66.6Committee and the ranking minority members of those committees by January 15, 66.72009. 66.8 (c) The commissioner and the work group must determine whether changes are 66.9needed in Minnesota Statutes, section 66.10from cancer patients and their relatives. 66.11 (d) The commissioner and the work group must make recommendations whether 66.12all relatives affected by a formal three-generation pedigree created by the Department of 66.13Health should be able to access the entire data set, rather than only allowing individuals 66.14access to the data of which they are the subject. 66.15 (e) The commissioner and the work group must identify, and may make 66.16recommendations among, options for resolving questions of secondary uses of genetic 66.17information. 66.18 (f) The commissioner and the work group must make recommendations whether 66.19legislative changes are needed regarding access to DNA test results and the specimens 66.20used to create the test results held by the Bureau of Criminal Apprehension as part of 66.21a criminal investigation. 66.22 Sec. 80. Laws 2006, chapter 282, article 14, section 5, is amended to read:
66.26costs associated with the relocation of 66.27offices to St. Paul. The commissioner 66.28of administration shall take all steps as 66.29necessary to complete the renovation of 66.30the Stassen Building for these purposes by 66.31January 1, 2008. Minnesota Statutes, section 66.33the estimated cost of construction exceeds 66.34$2,000,000. This is a onetime appropriation. 66.35This appropriation is available until spent. 67.1Beginning in fiscal year 2009 and for all 67.2fiscal years thereafter, the appropriation base 67.3for the workers' compensation fund for the 67.4Office of Administrative Hearings is reduced 67.5by $297,000 to reflect savings in rent costs 67.6due to the relocation of offices to St. Paul. 67.7EFFECTIVE DATE.This section is effective the day following final enactment. 67.8 Sec. 81. FORD BUILDING. 67.9 The Ford Building at 117 University Avenue in St. Paul may not be demolished 67.10during the biennium ending June 30, 2009. 67.11 Sec. 82. ELECTRONIC DOCUMENTS STUDY AND REPORT. 67.12 Subdivision 1. Study. The chief information officer of the state, in consultation with 67.13the state archivist and legislative reference librarian, shall study how electronic documents 67.14and the mechanisms and processes for accessing and reading electronic data can be created, 67.15maintained, exchanged, and preserved by the state in a manner that encourages appropriate 67.16government control, access, choice, and interoperability. The study must consider, but 67.17not be limited to, the policies of other states and nations, management guidelines for state 67.18archives as they pertain to electronic documents, public access to information, expected 67.19storage life of electronic documents, costs of implementation, and potential savings. The 67.20chief information officer shall solicit comments from stakeholders, including, but not 67.21limited to, the legislative auditor, attorney general, librarians, state services for the blind, 67.22representatives of the Minnesota Historical Society, other historians, and the media. The 67.23chief information officer shall also solicit comments from members of the public. 67.24 Subd. 2. Report and recommendations. The chief information officer shall 67.25report the officer's findings and recommendations to the chairs of the senate State and 67.26Local Government Operations and Oversight Committee; the house of representatives 67.27Government Operations, Reform, Technology and Elections Committee; and the senate 67.28and house of representatives State Government Finance Divisions by January 15, 2008. 67.29 Sec. 83. STATE EMPLOYEES ELECTRONIC HEALTH RECORDS PILOT 67.30PROJECT. 67.31 Subdivision 1. Project established. The Minnesota State Colleges and Universities 67.32Board of Trustees (MnSCU), in collaboration with the commissioner of employee relations 67.33shall establish an enterprise-wide pilot project to provide consumer-owned electronic 68.1personal health records to MnSCU employees and all participants in the state employee 68.2group insurance program. If the Department of Employee Relations is abolished, then the 68.3Minnesota State Colleges and Universities Board of Trustees shall work in collaboration 68.4with the commissioner of the department responsible for administration of the state 68.5employee group insurance program. 68.6 Subd. 2. Project goals. The goal of the project is to provide consumer-owned 68.7electronic personal health records that are portable among health care providers, health 68.8plan companies, and employers in order to control costs, improve quality, and enhance 68.9safety, and to demonstrate the feasibility of a statewide health information exchange. 68.10The pilot project shall coordinate to the extent possible with other health information 68.11consumer engagement initiatives in Minnesota designed to support the goal of statewide 68.12health information exchange. The electronic personal health records may provide, but 68.13are not limited to, the following: 68.14 (1) access to electronic medical records; 68.15 (2) prescription and appointment information; 68.16 (3) information regarding health education, public health, and health cost 68.17management; and 68.18 (4) privacy, security, and compliance with HIPAA; Minnesota Statutes, chapter 13; 68.19Minnesota Statutes, section 144.335; and other state law related to data privacy. 68.20 Sec. 84. SUSTAINABLE GROWTH WORKING GROUP. 68.21 Subdivision 1. Creation. The sustainable growth working group consists of the 68.22following members: 68.23 (1) two senators, including one member of the minority caucus, appointed by the 68.24Subcommittee on Committees of the Committee on Rules and Administration; 68.25 (2) two members of the house of representatives, one appointed by the speaker 68.26and one appointed by the minority leader; 68.27 (3) commissioners of the following agencies, or their designees: Department of 68.28Natural Resources, Department of Administration, Department of Agriculture, Department 68.29of Commerce, Department of Transportation, Department of Employment and Economic 68.30Development, Minnesota Housing Finance Agency, and the Minnesota Pollution Control 68.31Agency; and the chair of the Metropolitan Council or the chair's designee; 68.32 (4) up to 12 public members who have an interest in promoting sustainable 68.33communities in Minnesota, including up to six public members appointed by the speaker 68.34of the house of representatives and up to six public members appointed by the majority 68.35leader of the senate. The appointing authorities must use their best efforts to include at 69.1least one representative from each of the following sectors: business, environmental, 69.2energy, affordable housing, transportation, local government, planning, and philanthropic. 69.3 The membership of the working group must include balanced representation from 69.4rural, urban, and suburban areas of the state. 69.5 Subd. 2. Duties. The working group must identify strategies, recommendations, and 69.6a process for implementing state-level coordination of state and local policies, programs, 69.7and regulations in the areas of housing, transportation, natural resource preservation, 69.8capital development, economic development, sustainability, and preservation of the 69.9environment. The working group must identify sustainable development principles that 69.10will guide decision making in Minnesota. The working group must gather information 69.11and develop strategies relative to the strategic use of state resources, to be consistent with 69.12statewide goals of sustainable development. The working group must report proposed 69.13strategies, recommendations, and a process for implementation to the legislature and the 69.14governor by February 1, 2008. In its report to the legislature and the governor, the working 69.15group must identify its source of funding. 69.16 Subd. 3. Administrative provisions. (a) The commissioner of administration 69.17must convene the initial meeting. Upon request of the working group, the commissioner 69.18must provide meeting space and administrative services for the group. The Office of 69.19Geographic and Demographic Analysis must provide staff support for the working group. 69.20The members of the working group must elect a chair. 69.21 (b) Members of the working group serve without compensation but may be 69.22reimbursed for expenses under Minnesota Statutes, section 15.059. 69.23 (c) The working group expires June 30, 2008. 69.24 (d) The working group may accept gifts and grants, which are accepted on behalf 69.25of the state and constitute donations to the state. Funds received are appropriated to the 69.26commissioner of administration for purposes of the working group. 69.27 Sec. 85. TRAINING SERVICES. 69.28 During the biennium ending June 30, 2009, state executive branch agencies must 69.29consider using services provided by government training services before contracting with 69.30other outside vendors for similar services. 69.31 Sec. 86. DEPARTMENT OF EMPLOYEE RELATIONS ABOLISHED; DUTIES 69.32TRANSFERRED. 69.33 (a) The Department of Employee Relations and the position of the commissioner 69.34of employee relations are abolished as of June 1, 2008. Duties of the Department of 70.1Employee Relations and the commissioner of employee relations are transferred on or 70.2before June 1, 2008, to the commissioner of finance, except as follows: 70.3 (1) duties relating to administration of the state employees workers' compensation 70.4program are transferred on or before June 1, 2008, to the commissioner of administration; 70.5and 70.6 (2) duties relating to health care purchasing improvement under Minnesota Statutes, 70.7section 43A.312, are transferred on or before June 1, 2008, to the commissioner of health. 70.8 (b) The commissioner of employee relations, in consultation with the commissioner 70.9of finance, may specify one or more dates before June 1, 2008, on which any or all of the 70.10transfers provided in paragraph (a) will occur. 70.11 (c) The governor may, in consultation with the commissioner of employee relations, 70.12the commissioner of finance, the commissioner of administration, and the director of the 70.13Office of Enterprise Technology, transfer other duties of the Department of Employee 70.14Relations to other state agencies in order to most effectively and efficiently accomplish the 70.15reorganization required by this act. 70.16 (d) Transfer of duties under this section is subject to Minnesota Statutes, section 70.1715.039. 70.18 (e) In addition to any other protection, no employee in the classified service shall 70.19suffer job loss, have a salary reduced, or have employment benefits reduced as a result of 70.20a reorganization mandated or recommended under authority of this section. No action 70.21taken after June 1, 2009, shall be considered a result of reorganization for the purposes 70.22of this section. 70.23EFFECTIVE DATE.This section is effective the day following final enactment. 70.24 Sec. 87. STATE BUDGET TRENDS STUDY COMMISSION. 70.25 (a) The State Budget Trends Study Commission is established for the purpose 70.26of completing a study of the implications of state demographic trends for future state 70.27budget conditions, including both expected revenue collections and spending for state 70.28government services and local services supported by state revenues. The commission 70.29shall consist of 15 public members, including five members appointed by the governor; 70.30five members appointed by the senate Subcommittee on Committees of the Committee 70.31on Rules and Administration; four members appointed by the speaker of the house of 70.32representatives; and one member appointed by the minority leader of the house of 70.33representatives. The respective appointing authorities must complete their appointments 70.34under this section within 30 days of the effective date of this section. The commissioner of 70.35finance must convene the commission within 30 days of the completion of appointments 71.1under this section. The members shall select their chair at the first meeting. When making 71.2appointments under this section, the appointing authorities must consider the education 71.3and expertise of appointees in fields such as public finance, demography, and public 71.4administration. 71.5 (b) Per diem and expense payments to members, removal of members, and vacancies 71.6are governed by Minnesota Statutes, section 15.059. 71.7 (c) The commissioners of finance and revenue must provide data, analysis, and staff 71.8support required by the commission to complete the study, including, but not limited to, 71.9the effect of expected demographic changes over the next 25 years on state tax bases and 71.10on existing state programs and appropriations. In preparing the study, the commission 71.11shall consult with and use the services of the state demographer to estimate the changing 71.12profile of the Minnesota population by age and other factors relevant to the study. The 71.13commission may also contract with appropriate consultants and experts as needed to 71.14complete the study. 71.15 (d) In completing the study, the commission must consider: 71.16 (1) the effect of expected demographic changes over the next 25 years on the tax 71.17base and revenue collections for state income and sales tax, or other state taxes; 71.18 (2) estimates of tax revenue collections for the years 2012, 2017, 2022, 2027, and 71.192032, taking into account the sensitivity of the results for changes in estimated migration 71.20rates, labor force participation by older individuals, and other shares of capital versus labor; 71.21 (3) the effect of demographic trends on entitlement programs and other large state 71.22appropriations relative to current budget commitments; 71.23 (4) relative trends in spending for state programs including trends identified in the 71.24fast growing expenditures report completed under Minnesota Statutes, section 16A.103, 71.25subdivision 4; and 71.26 (5) the structure of the state budget with regard to budget stability and flexibility. 71.27 (e) The commission may make recommendations for state tax or budget policy 71.28changes, including recommendations for changes in tax base, mix of tax types, state 71.29and local finance relationships, entitlements, or budget structure. The commission shall 71.30present preliminary results to the chairs of the legislative committees with jurisdiction 71.31over finance and taxes by February 1, 2008, and a final written report to the same chairs by 71.32January 15, 2009, in compliance with Minnesota Statutes, sections 3.195 and 3.197. 71.33 (f) This section expires on June 30, 2009. 71.34 Sec. 88. INSURANCE STUDY. 72.1 The commissioner of employee relations must study and report to the legislature 72.2by January 15, 2008, on the estimated financial impact to the state employee group 72.3insurance program of allowing each unmarried state employee to designate one significant 72.4individual, as defined in Minnesota Statutes, section 43A.02, as the employee's dependent 72.5under the program. 72.6 Sec. 89. REVISOR'S INSTRUCTION. 72.7 In the next and subsequent editions of Minnesota Statutes and Minnesota Rules, the 72.8revisor of statutes must replace references to the Department of Employee Relations and 72.9commissioner of employee relations with references to the appropriate department and 72.10commissioner specified in section 86. The revisor of statutes, in consultation with affected 72.11commissioners of state agencies, must prepare a bill for introduction in the 2008 legislative 72.12session making other statutory changes needed to implement or conform with section 86. 72.13EFFECTIVE DATE.This section is effective the day following final enactment. 72.14 Sec. 90. REPEALER. 72.15Minnesota Statutes 2006, sections 16A.102, subdivisions 1, 2, and 3; 16B.055, 72.16subdivisions 2 and 3; 16C.055, subdivision 1; 16C.08, subdivision 4a; 69.051, subdivision 72.171c; 359.085, subdivision 8; and 645.44, subdivision 19, are repealed. 72.20 Section 1. Minnesota Statutes 2006, section 16C.02, is amended by adding a 72.21subdivision to read: 72.22 Subd. 4a. Best value; construction. For purposes of construction, building, 72.23alteration, improvement, or repair services, "best value" describes the result determined by 72.24a procurement method that considers price and performance criteria, which may include, 72.25but are not limited to: 72.26 (1) the quality of the vendor's or contractor's performance on previous projects; 72.27 (2) the timeliness of the vendor's or contractor's performance on previous projects; 72.28 (3) the level of customer satisfaction with the vendor's or contractor's performance 72.29on previous projects; 72.30 (4) the vendor's or contractor's record of performing previous projects on budget and 72.31ability to minimize cost overruns; 72.32 (5) the vendor's or contractor's ability to minimize change orders; 73.1 (6) the vendor's or contractor's ability to prepare appropriate project plans; 73.2 (7) the vendor's or contractor's technical capacities; 73.3 (8) the individual qualifications of the contractor's key personnel; or 73.4 (9) the vendor's or contractor's ability to assess and minimize risks. 73.5 "Performance on previous projects" does not include the exercise or assertion of a 73.6person's legal rights. This definition does not apply to sections 16C.32, 16C.33, 16C.34, 73.7and 16C.35. 73.8 Sec. 2. Minnesota Statutes 2006, section 16C.02, is amended by adding a subdivision 73.9to read: 73.10 Subd. 20. Vendor. "Vendor" means a business, including a construction contractor 73.11or a natural person, and includes both if the natural person is engaged in a business. 73.12 Sec. 3. Minnesota Statutes 2006, section 16C.03, subdivision 3, is amended to read: 73.13 Subd. 3. Acquisition authority. The commissioner shall acquire all goods, services, 73.14and utilities needed by agencies. The commissioner shall acquire goods, services, and 73.15utilities by requests for bids, requests for proposals, reverse auctions as provided in 73.16section 73.17requires a particular method of acquisition to be used. The commissioner shall make all 73.18decisions regarding acquisition activities. The determination of the acquisition method 73.19and all decisions involved in the acquisition process, unless otherwise provided for by 73.20law, shall be based on best value which includes an evaluation of price and may include 73.21other considerations including, but not limited to, environmental considerations, quality, 73.22and vendor performance. A best value determination must be based on the evaluation 73.23criteria detailed in the solicitation document. If criteria other than price are used, the 73.24solicitation document must state the relative importance of price and other factors. 73.25 73.26 73.27 73.28be rejected. When using the request for bid process, the bid must be awarded to the 73.29lowest responsive and responsible bidder, taking into consideration conformity with 73.30the specifications, terms of delivery, the purpose for which the contract or purchase is 73.31intended, the status and capability of the vendor, and other considerations imposed in the 73.32request for bids. The commissioner may decide which is the lowest responsible bidder 73.33for all purchases and may use the principles of life-cycle costing, where appropriate, in 74.1determining the lowest overall bid. The duties set forth in this subdivision are subject to 74.2delegation pursuant to this section. 74.3 Sec. 4. Minnesota Statutes 2006, section 16C.03, is amended by adding a subdivision 74.4to read: 74.5 Subd. 3a. Acquisition authority; construction contracts. For all building and 74.6construction contracts, the commissioner shall award contracts pursuant to section 74.716C.28, and "best value" shall be defined and applied as set forth in sections 16C.02, 74.8subdivision 4a, and 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c). 74.9The duties set forth in this subdivision are subject to delegation pursuant to this section. 74.10The commissioner shall establish procedures for developing and awarding best value 74.11requests for proposals for construction projects. The criteria to be used to evaluate the 74.12proposals must be included in the solicitation document and must be evaluated in an open 74.13and competitive manner. 74.14 Sec. 5. Minnesota Statutes 2006, section 16C.03, is amended by adding a subdivision 74.15to read: 74.16 Subd. 19. Training. Any personnel administering procurement procedures for a 74.17user of best value procurement or any consultant retained by a local unit of government to 74.18prepare or evaluate solicitation documents must be trained, either by the department or 74.19through other training, in the request for proposals process for best value contracting for 74.20construction projects. The commissioner may establish a training program for state and 74.21local officials, and vendors and contractors, on best value procurement for construction 74.22projects, including those governed by section 16C.28. If the commissioner establishes 74.23such a training program, the state may charge a fee for providing training. 74.24 Sec. 6. Minnesota Statutes 2006, section 16C.26, is amended to read: 74.2516C.26 COMPETITIVE BIDS OR PROPOSALS. 74.26 Subdivision 1. Application. Except as otherwise provided by sections 16C.10, 74.28competitive bids or proposals. "Competitive proposals" specifically refers to the method 74.29of procurement described in section 16C.28, subdivision 1, paragraph (a), clause (2), 74.30and paragraph (c). 74.31 Subd. 2. Requirement contracts. Standard requirement price contracts for building 74.32and construction must be established by competitive bids as provided in subdivision 1. 74.33The standard requirement price contracts may contain escalation clauses and may provide 75.1for a negotiated price increase or decrease based upon a demonstrable industrywide or 75.2regional increase or decrease in the vendor's costs or for the addition of similar products or 75.3replacement items not significant to the total value of existing contracts. The term of these 75.4contracts may not exceed five years including all extensions. 75.5 Subd. 3. Publication of notice; expenditures over $25,000. If the amount of an 75.6expenditure is estimated to exceed $25,000, bids or proposals must be solicited by public 75.7notice in a manner designated by the commissioner. To the extent practical, this must 75.8include posting on a state Web site. For expenditures over $50,000, when a call for bids is 75.9issued, the commissioner shall solicit sealed bids by providing notices to all prospective 75.10bidders known to the commissioner by posting notice on a state Web site at least seven 75.11days before the final date of submitting bids. All bids over $50,000 must be sealed when 75.12they are received and must be opened in public at the hour stated in the notice. All 75.13proposals responsive to a request for proposals according to section 16C.28, subdivision 75.141, paragraph (a), clause (2), and paragraph (c), shall be submitted and evaluated in the 75.15manner described in the request for proposals, regardless of the dollar amount. All original 75.16bids and proposals and all documents pertaining to the award of a contract must be retained 75.17and made a part of a permanent file or record and remain open to public inspection. 75.18 Subd. 4. Building and construction contracts; $50,000 or less. An informal bid 75.19may be used for building, construction, and repair contracts that are estimated at less than 75.20$50,000. Informal bids must be authenticated by the bidder in a manner specified by the 75.21commissioner. Alternatively, a request for proposals may be issued according to section 75.2216C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c), for such contracts. 75.23 Subd. 5. Standard specifications, security. Contracts must be based on the 75.24standard specifications prescribed and enforced by the commissioner under this chapter, 75.25unless otherwise expressly provided or as authorized under section 16C.28, subdivision 75.261, paragraph (a), clause (2), and paragraph (c). Each 75.27contractor must furnish security approved by the commissioner to ensure the making of 75.28the contract being bid for. 75.29 Subd. 6. Noncompetitive bids. Agencies are encouraged to contract with small 75.30targeted group businesses designated under section 75.31that are not subject to competitive bidding procedures. 75.32 Sec. 7. Minnesota Statutes 2006, section 16C.27, subdivision 1, is amended to read: 75.33 Subdivision 1. Single source of supply. Competitive bidding 75.34required for contracts clearly and legitimately limited to a single source of supply, and the 75.35contract price may be best established by direct negotiation. 76.1 Sec. 8. Minnesota Statutes 2006, section 16C.28, is amended to read: 76.216C.28 CONTRACTS; AWARD. 76.3 Subdivision 1. 76.4building and construction contracts entered into by or under the supervision of the 76.5commissioner or an agency for which competitive bids or proposals are required 76.6 76.7 76.8 76.9 76.10 76.11 76.12 76.13 76.14 76.15either of the following: 76.16 (1) the lowest responsible bidder, taking into consideration conformity with the 76.17specifications, terms of delivery, the purpose for which the contract is intended, the status 76.18and capability of the vendor or contractor, other considerations imposed in the call for 76.19bids, and, where appropriate, principles of life-cycle costing; or 76.20 (2) the vendor or contractor offering the best value, taking into account the 76.21specifications of the request for proposals, the price and performance criteria as set forth 76.22in section 16C.02, subdivision 4a, and described in the solicitation document. 76.23 (b) The vendor or contractor must secure bonding, commercial general insurance 76.24coverage, and workers' compensation insurance coverage under paragraph (a), clause 76.25(1) or (2). The commissioner shall determine whether to use the procurement process 76.26described in paragraph (a), clause (1), or the procurement process described in paragraph 76.27(a), clause (2), and paragraph (c). If the commissioner uses the method in paragraph 76.28(a), clause (2), and paragraph (c), the head of the agency shall determine which vendor 76.29or contractor offers the best value, subject to the approval of the commissioner. Any 76.30or all bids or proposals may be rejected. 76.31 (c) When using the procurement process described in subdivision 1, paragraph (a), 76.32clause (2), the solicitation document must state the relative weight of price and other 76.33selection criteria. The award must be made to the vendor or contractor offering the 76.34best value applying the weighted selection criteria. If an interview of the vendor's or 76.35contractor's personnel is one of the selection criteria, the relative weight of the interview 76.36shall be stated in the solicitation document and applied accordingly. 77.1 Subd. 1a. Establishment and purpose. (a) The state recognizes the importance of 77.2the inclusion of a best value contracting system for construction as an alternative to the 77.3current low-bid system of procurement. In order to accomplish that goal, state and local 77.4governmental entities shall be able to choose the best value system in different phases. 77.5 (b) "Best value" means the procurement method defined in section 16C.02, 77.6subdivision 4a. 77.7 (c) The following entities are eligible to participate in phase I: 77.8 (1) state agencies; 77.9 (2) counties; 77.10 (3) cities; and 77.11 (4) school districts with the highest 25 percent enrollment of students in the state. 77.12Phase I begins on the effective date of this section. 77.13 (d) The following entities are eligible to participate in phase II: 77.14 (1) those entities included in phase I; and 77.15 (2) school districts with the highest 50 percent enrollment of students in the state. 77.16Phase II begins two years from the effective date of this section. 77.17 (e) The following entities are eligible to participate in phase III: 77.18 (1) all entities included in phases I and II; and 77.19 (2) all other townships, school districts, and political subdivisions in the state. 77.20Phase III begins three years from the effective date of this section. 77.21 (f) The commissioner or any agency for which competitive bids or proposals are 77.22required may not use best value contracting as defined in section 16C.02, subdivision 4a, 77.23for more than one project annually, or 20 percent of its projects, whichever is greater, in 77.24each of the first three fiscal years in which best value construction contracting is used. 77.25 Subd. 2. Alterations and erasures. A bid containing an alteration or erasure of 77.26any price contained in the bid which is used in determining the lowest responsible bid 77.27must be rejected unless the alteration or erasure is corrected in a manner that is clear and 77.28authenticated by an authorized representative of the responder. An alteration or erasure 77.29may be crossed out and the correction printed in ink or typewritten adjacent to it and 77.30initialed by an authorized representative of the responder. 77.31 Subd. 3. Special circumstances. The commissioner may reject the bid or proposal 77.32of any 77.33the state. In the case of identical low bids from two or more bidders, the commissioner 77.34may use negotiated procurement methods with the tied low bidders for that particular 77.35transaction so long as the price paid does not exceed the low tied bid price. The 78.1commissioner may award contracts to more than one 78.2accordance with subdivision 1, if doing so does not decrease the service level or diminish 78.3the effect of competition. 78.4 Subd. 4. Record. A record must be kept of all bids or proposals, including names of 78.5bidders, amounts of bids or proposals, and each successful bid or proposal. This record is 78.6open to public inspection, subject to section 13.591 and other applicable law. 78.7 Subd. 5. Preferences not cumulative. The preferences under sections 78.9of preference granted on a contract may not exceed the highest percentage of preference 78.10allowed for that contract under any one of those sections. 78.11 Sec. 9. Minnesota Statutes 2006, section 103D.811, subdivision 3, is amended to read: 78.12 Subd. 3. Awarding of contract. (a) At a time and place specified in the bid notice, 78.13the managers may accept or reject any or all bids and may award the contract to the lowest 78.14responsible bidder. The bidder to whom the contract is to be awarded must give a bond, 78.15with ample security, conditioned by satisfactory completion of the contract. 78.16 (b) Bids must not be considered which in the aggregate exceed by more than 30 78.17percent the total estimated cost of construction or implementation. 78.18 (c) As an alternative to the procurement method described in paragraph (a), the 78.19managers may issue a request for proposals and award the contract to the vendor or 78.20contractor offering the best value as described in section 16C.28, subdivision 1, paragraph 78.21(a), clause (2), and paragraph (c). 78.22 (d) The contract must be in writing and be accompanied by or refer to the plans and 78.23specifications for the work to be done as prepared by the engineer for the watershed 78.24district. The plans and specifications shall become a part of the contract. 78.25 78.26secretary, and contractor. 78.27 Sec. 10. Minnesota Statutes 2006, section 103E.505, subdivision 5, is amended to read: 78.28 Subd. 5. How contract may be awarded. The contract may be awarded in one 78.29job, in sections, or separately for labor and material and 78.30responsible bidder. Alternatively, the contract may be awarded to the vendor or contractor 78.31offering the best value under a request for proposals as described in section 16C.28, 78.32subdivision 1, paragraph (a), clause (2), and paragraph (c). 78.33 Sec. 11. Minnesota Statutes 2006, section 116A.13, subdivision 5, is amended to read: 79.1 Subd. 5. How job may be let. The job may be let in one job, or in sections, or 79.2separately for labor and material, and 79.3bidders therefor. Alternatively, the contract may be awarded to the vendor or contractor 79.4offering the best value under a request for proposals as described in section 16C.28, 79.5subdivision 1, paragraph (a), clause (2), and paragraph (c). 79.6 Sec. 12. Minnesota Statutes 2006, section 123B.52, subdivision 1, is amended to read: 79.7 Subdivision 1. Contracts. A contract for work or labor, or for the purchase of 79.8furniture, fixtures, or other property, except books registered under the copyright laws, or 79.9for the construction or repair of school houses, the estimated cost or value of which shall 79.10exceed that specified in section 79.11board without first advertising for bids or proposals by two weeks' published notice in the 79.12official newspaper. This notice must state the time and place of receiving bids and contain 79.13a brief description of the subject matter. 79.14 Additional publication in the official newspaper or elsewhere may be made as the 79.15board shall deem necessary. 79.16 After taking into consideration conformity with the specifications, terms of delivery, 79.17and other conditions imposed in the call for bids, every such contract for which a call for 79.18bids has been issued must be awarded to the lowest responsible bidder, be duly executed 79.19in writing, and be otherwise conditioned as required by law. The person to whom the 79.20contract is awarded shall give a sufficient bond to the board for its faithful performance. 79.21Notwithstanding section 79.22to the purchase of a finished tangible product, a board may require, at its discretion, a 79.23performance bond of a contractor in the amount the board considers necessary. A record 79.24must be kept of all bids, with names of bidders and amount of bids, and with the successful 79.25bid indicated thereon. A bid containing an alteration or erasure of any price contained in 79.26the bid which is used in determining the lowest responsible bid must be rejected unless the 79.27alteration or erasure is corrected as provided in this section. An alteration or erasure may 79.28be crossed out and the correction thereof printed in ink or typewritten adjacent thereto and 79.29initialed in ink by the person signing the bid. In the case of identical low bids from two or 79.30more bidders, the board may, at its discretion, utilize negotiated procurement methods 79.31with the tied low bidders for that particular transaction, so long as the price paid does not 79.32exceed the low tied bid price. In the case where only a single bid is received, the board 79.33may, at its discretion, negotiate a mutually agreeable contract with the bidder so long as 79.34the price paid does not exceed the original bid. If no satisfactory bid is received, the 79.35board may readvertise. Standard requirement price contracts established for supplies or 80.1services to be purchased by the district must be established by competitive bids. Such 80.2standard requirement price contracts may contain escalation clauses and may provide for a 80.3negotiated price increase or decrease based upon a demonstrable industrywide or regional 80.4increase or decrease in the vendor's costs. Either party to the contract may request that the 80.5other party demonstrate such increase or decrease. The term of such contracts must not 80.6exceed two years with an option on the part of the district to renew for an additional two 80.7years. Contracts for the purchase of perishable food items, except milk for school lunches 80.8and vocational training programs, in any amount may be made by direct negotiation 80.9by obtaining two or more written quotations for the purchase or sale, when possible, 80.10without advertising for bids or otherwise complying with the requirements of this section 80.11or section 80.12period of at least one year after receipt. 80.13 Every contract made without compliance with the provisions of this section shall be 80.14void. Except in the case of the destruction of buildings or injury thereto, where the public 80.15interest would suffer by delay, contracts for repairs may be made without advertising 80.16for bids. 80.17 Sec. 13. Minnesota Statutes 2006, section 123B.52, is amended by adding a 80.18subdivision to read: 80.19 Subd. 1b. Best value alternative. As an alternative to the procurement method 80.20described in subdivision 1, a contract for construction, building, alteration, improvement, 80.21or repair work may be awarded to the vendor or contractor offering the best value under a 80.22request for proposals as described in section 16C.28, subdivision 1, paragraph (a), clause 80.23(2), and paragraph (c). 80.24 Sec. 14. Minnesota Statutes 2006, section 160.17, is amended by adding a subdivision 80.25to read: 80.26 Subd. 2a. Best value alternative. As an alternative to the procurement method 80.27referenced in subdivision 2, counties or towns may issue a request for proposal and award 80.28the contract to the vendor or contractor offering the best value as described in section 80.2916C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c). 80.30 Sec. 15. Minnesota Statutes 2006, section 160.262, is amended by adding a subdivision 80.31to read: 80.32 Subd. 5. Best value alternative. As an alternative to the procurement method 80.33described in subdivision 4, the commissioner may allow for the award of design-build 81.1contracts for the projects described in subdivision 4 to the vendor or contractor offering 81.2the best value under a request for proposals as described in section 16C.28, subdivision 1, 81.3paragraph (a), clause (2), and paragraph (c). 81.4 Sec. 16. Minnesota Statutes 2006, section 161.32, is amended by adding a subdivision 81.5to read: 81.6 Subd. 1f. Best value alternative. As an alternative to the procurement method 81.7described in subdivisions 1a to 1e, the commissioner may issue a request for proposals 81.8and award the contract to the vendor or contractor offering the best value as described in 81.9section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c). 81.10 Sec. 17. [161.3206] BEST VALUE CONTRACTING AUTHORITY. 81.11 Notwithstanding sections 16C.25, 161.32, 161.321, or any other law to the contrary, 81.12the commissioner may solicit and award all contracts, other than design-build contracts 81.13governed by section 161.3412, for a project on the basis of a best value selection process 81.14as defined in section 16C.02, subdivision 4a. Section 16C.08 does not apply to this section. 81.15 Sec. 18. Minnesota Statutes 2006, section 161.3412, subdivision 1, is amended to read: 81.16 Subdivision 1. Best value selection for design-build contracts. Notwithstanding 81.17sections 81.18may solicit and award a design-build contract for a project on the basis of a best value 81.19selection process. Section 81.20commissioner is a party. 81.21 Sec. 19. Minnesota Statutes 2006, section 161.38, subdivision 4, is amended to read: 81.22 Subd. 4. Effects on other law of public contract with commissioner. Whenever 81.23the road authority of any city enters into an agreement with the commissioner pursuant 81.24to this section, and a portion of the cost is to be assessed against benefited property, 81.25the letting of a public contract by the commissioner for the work shall be deemed to 81.26comply with statutory or charter provisions requiring the city (1) to advertise for bids 81.27before awarding a contract for a public improvement, (2) to let the contract to the lowest 81.28responsible bidder or to the vendor or contractor offering the best value, and (3) to require 81.29a performance bond to be filed by the contractor before undertaking the work. The 81.30contract so let by the commissioner and the performance bond required of the contractor 81.31by the commissioner shall be considered to be the contract and bond of the city for the 81.32purposes of complying with the requirements of any applicable law or charter provision, 82.1and the bond shall inure to the benefit of the city and operate for their protection to the 82.2same extent as though they were parties thereto. 82.3 Sec. 20. Minnesota Statutes 2006, section 365.37, is amended by adding a subdivision 82.4to read: 82.5 Subd. 2a. Best value alternative. As an alternative to the procurement method 82.6described in subdivision 2, a contract for construction, building, alteration, improvement, 82.7or repair work may be awarded to the vendor or contractor offering the best value under a 82.8request for proposals as described in section 16C.28, subdivision 1, paragraph (a), clause 82.9(2), and paragraph (c). 82.10 Sec. 21. Minnesota Statutes 2006, section 374.13, is amended to read: 82.11374.13 TO ADVERTISE FOR BIDS. 82.12 Subdivision 1. Bidding process. When the plans and specifications are completed 82.13and approved by the city council and the county board, the commission shall, after notice 82.14appropriate to inform possible bidders, obtain bids or proposals for all or any portion of 82.15the work or materials, or both, to be done, performed, or furnished in the construction of 82.16the building. All bids or proposals shall be sealed by the bidders or proposers and filed 82.17with the commission at or before the time specified for the opening of bids or proposals. 82.18At the time and place specified for the opening of bids or proposals, the commission shall 82.19meet, open the bids or proposals, tabulate them, and award the contract or contracts to the 82.20responsible bidder whose bid or proposal is the most favorable to the city or county, or 82.21reject all bids and proposals. If all bids or proposals are rejected, the commission may, 82.22after similar notice, obtain more bids or proposals or may modify or change the plans and 82.23specifications and submit the modified plans and specifications to the city council and the 82.24county board for approval. When the modified or changed plans and specifications are 82.25satisfactory to both the city council and the county board, the plans and specifications 82.26shall be returned to the commission and the commission shall proceed again, after similar 82.27notice, to obtain bids or proposals. Any contract awarded by the commission shall be 82.28subject to approval by the city council and the county board. 82.29 Subd. 2. Best value alternative. As an alternative to the procurement method 82.30described in subdivision 1, the commission may issue a request for proposals and award 82.31the contract to the vendor or contractor offering the best value as described in section 82.3216C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c). 83.1 Sec. 22. Minnesota Statutes 2006, section 375.21, is amended by adding a subdivision 83.2to read: 83.3 Subd. 1b. Best value alternative. As an alternative to the procurement method 83.4described in subdivision 1, a county board may award a contract for construction, building, 83.5alteration, improvement, or repair work to the vendor or contractor offering the best value 83.6under a request for proposals as described in section 16C.28, subdivision 1, paragraph 83.7(a), clause (2), and paragraph (c). 83.8 Sec. 23. Minnesota Statutes 2006, section 383C.094, is amended by adding a 83.9subdivision to read: 83.10 Subd. 1a. Contracts in excess of $500; best value alternative. As an alternative to 83.11the procurement method described in subdivision 1, the contract may be awarded to the 83.12vendor or contractor offering the best value under a request for proposals as described in 83.13section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c). 83.14 Sec. 24. Minnesota Statutes 2006, section 412.311, is amended to read: 83.15412.311 CONTRACTS. 83.16 Subdivision 1. Lowest responsible bidder. Except as provided in sections 83.17to 83.18made by the council. Whenever the amount of a contract for the purchase of merchandise, 83.19materials or equipment or for any kind of construction work undertaken by the city is 83.20estimated to exceed the amount specified by section 83.21shall be let to the lowest responsible bidder, after notice has been published once in the 83.22official newspaper at least ten days in advance of the last day for the submission of bids. If 83.23the amount of the contract exceeds $1,000, it shall be entered into only after compliance 83.24with section 83.25 Subd. 2. Best value alternative. As an alternative to the procurement method 83.26described in subdivision 1, a contract for construction, building, alteration, improvement, 83.27or repair work may be awarded to the vendor or contractor offering the best value under a 83.28request for proposals as described in section 16C.28, subdivision 1, paragraph (a), clause 83.29(2), and paragraph (c). 83.30 Sec. 25. Minnesota Statutes 2006, section 429.041, is amended by adding a subdivision 83.31to read: 83.32 Subd. 2a. Best value alternative. As an alternative to the procurement method 83.33described in subdivision 2, the council may issue a request for proposals and award the 84.1contract to the vendor or contractor offering the best value as described in section 16C.28, 84.2subdivision 1, paragraph (a), clause (2), and paragraph (c). 84.3 Sec. 26. Minnesota Statutes 2006, section 458D.21, is amended by adding a 84.4subdivision to read: 84.5 Subd. 2a. Contracts in excess of $5,000; best value alternative. As an alternative 84.6to the procurement method described in subdivision 2, the board may issue a request for 84.7proposals and award the contract to the vendor or contractor offering the best value as 84.8described in section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c). 84.9 Sec. 27. Minnesota Statutes 2006, section 469.015, is amended by adding a subdivision 84.10to read: 84.11 Subd. 1a. Best value alternative. As an alternative to the procurement method 84.12described in subdivision 1, the authority may issue a request for proposals and award the 84.13contract to the vendor or contractor offering the best value under a request for proposals as 84.14described in section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c). 84.15 Sec. 28. Minnesota Statutes 2006, section 469.068, subdivision 1, is amended to read: 84.16 Subdivision 1. Contracts; bids; bonds. All construction work and every purchase 84.17of equipment, supplies, or materials necessary in carrying out the purposes of sections 84.19contract as provided in this subdivision or in subdivision 1a. Before receiving bids under 84.20sections 84.21weeks in the official newspaper of the port's city, a notice that bids will be received for the 84.22construction work, or purchase of equipment, supplies, or materials. The notice shall state 84.23the nature of the work, and the terms and conditions upon which the contract is to be let 84.24and name a time and place where the bids will be received, opened, and read publicly, 84.25which time shall be not less than seven days after the date of the last publication. After 84.26the bids have been received, opened, read publicly, and recorded, the commissioners 84.27shall award the contract to the lowest responsible bidder, reserving the right to reject 84.28any or all bids. The contract shall be executed in writing and the person to whom the 84.29contract is awarded shall give sufficient bond to the board for its faithful performance. If 84.30no satisfactory bid is received, the port authority may readvertise, or, by an affirmative 84.31vote of two of its commissioners in the case of a three-member commission, or five of 84.32its members in the case of a seven-member commission, may authorize the authority 84.33to perform any part or parts of any construction work by day labor under conditions it 85.1prescribes. The commissioners may establish reasonable qualifications to determine 85.2the fitness and responsibility of bidders, and require bidders to meet the qualifications 85.3before bids are accepted. If the commissioners by a two-thirds or five-sevenths vote 85.4declare that an emergency exists requiring the immediate purchase of any equipment or 85.5material or supplies at a cost in excess of $1,000, but not exceeding $5,000, in amount, 85.6or making of emergency repairs, it shall not be necessary to advertise for bids, but the 85.7material, equipment, or supplies may be purchased in the open market at the lowest price 85.8obtainable, or the emergency repairs may be contracted for or performed without securing 85.9formal competitive bids. An emergency, for purposes of this section, is unforeseen 85.10circumstances or conditions which result in the jeopardizing of human life or property. 85.11 In all contracts involving the employment of labor, the commissioners shall stipulate 85.12conditions they deem reasonable, as to the hours of labor and wages and may stipulate as 85.13to the residence of employees to be employed by the contractors. 85.14 Bonds shall be required from contractors for any works of construction as provided 85.15in and subject to all the provisions of sections 85.16 Sec. 29. Minnesota Statutes 2006, section 469.068, is amended by adding a subdivision 85.17to read: 85.18 Subd. 1a. Contracts; best value alternative. As an alternative to the procurement 85.19method described in subdivision 1, a contract may be awarded to the vendor or contractor 85.20offering the best value under a request for proposals as described in section 16C.28, 85.21subdivision 1, paragraph (a), clause (2), and paragraph (c). 85.22 Sec. 30. Minnesota Statutes 2006, section 469.101, is amended by adding a subdivision 85.23to read: 85.24 Subd. 5a. Construction contracts. For all contracts for construction, alteration, 85.25repair, or maintenance work, the authority may award contracts to the vendor offering the 85.26best value, and "best value" shall be defined and applied as set forth in sections 16C.02, 85.27subdivision 4a, and 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c). 85.28Alternatively, the authority may award all contracts for construction, alteration, repair, 85.29or maintenance work to the lowest responsible bidder, reserving the right to reject any 85.30or all bids. 85.31 Sec. 31. Minnesota Statutes 2006, section 471.345, is amended by adding a subdivision 85.32to read: 86.1 Subd. 3a. Contracts over $50,000; best value alternative. As an alternative to the 86.2procurement method described in subdivision 3, municipalities may award a contract for 86.3construction, alteration, repair, or maintenance work to the vendor or contractor offering 86.4the best value under a request for proposals as described in section 16C.28, subdivision 1, 86.5paragraph (a), clause (2), and paragraph (c). 86.6 Sec. 32. Minnesota Statutes 2006, section 471.345, is amended by adding a subdivision 86.7to read: 86.8 Subd. 4a. Contracts from $10,000 to $50,000; best value alternative. As an 86.9alternative to the procurement method described in subdivision 4, municipalities may 86.10award a contract for construction, alteration, repair, or maintenance work to the vendor or 86.11contractor offering the best value under a request for proposals as described in section 86.1216C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c). 86.13 Sec. 33. Minnesota Statutes 2006, section 471.345, subdivision 5, is amended to read: 86.14 Subd. 5. Contracts less than $10,000. If the amount of the contract is estimated 86.15to be $10,000 or less, the contract may be made either upon quotation or in the open 86.16market, in the discretion of the governing body. If the contract is made upon quotation 86.17it shall be based, so far as practicable, on at least two quotations which shall be kept on 86.18file for a period of at least one year after their receipt. Alternatively, municipalities may 86.19award a contract for construction, alteration, repair, or maintenance work to the vendor or 86.20contractor offering the best value under a request for proposals as described in section 86.2116C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c). 86.22 Sec. 34. Minnesota Statutes 2006, section 473.523, is amended by adding a subdivision 86.23to read: 86.24 Subd. 1a. Contracts over $50,000; best value alternative. As an alternative to 86.25the procurement method described in subdivision 1, the council may issue a request for 86.26proposals and award the contract to the vendor or contractor offering the best value 86.27under a request for proposals as described in section 16C.28, subdivision 1, paragraph 86.28(a), clause (2), and paragraph (c). 86.29 Sec. 35. Minnesota Statutes 2006, section 473.756, subdivision 12, is amended to read: 86.30 Subd. 12. Contracts. The authority may enter into a development agreement with 86.31the team, the county, or any other entity relating to the construction, financing, and use of 86.32the ballpark and related facilities and public infrastructure. The authority may contract 87.1for materials, supplies, and equipment in accordance with sections 87.2except that the authority, with the consent of the county, may employ or contract with 87.3persons, firms, or corporations to perform one or more or all of the functions of architect, 87.4engineer, or construction manager with respect to all or any part of the ballpark and 87.5public infrastructure. Alternatively, at the request of the team and with the consent of the 87.6county, the authority shall authorize the team to provide for the design and construction 87.7of the ballpark and related public infrastructure, subject to terms of Laws 2006, chapter 87.8257. The construction manager may enter into contracts with contractors for labor, 87.9materials, supplies, and equipment for the construction of the ballpark and related public 87.10infrastructure through the process of public bidding, except that the construction manager 87.11may, with the consent of the authority or the team: 87.12 (1) narrow the listing of eligible bidders to those which the construction manager 87.13determines to possess sufficient expertise to perform the intended functions; 87.14 (2) award contracts to the contractors that the construction manager determines 87.15provide the best value under a request for proposals as described in section 16C.28, 87.16subdivision 1, paragraph (a), clause (2), and paragraph (c), which are not required to be 87.17the lowest responsible bidder; and 87.18 (3) for work the construction manager determines to be critical to the completion 87.19schedule, award contracts on the basis of competitive proposals or perform work with 87.20its own forces without soliciting competitive bids if the construction manager provides 87.21evidence of competitive pricing. 87.22The authority shall require that the construction manager certify, before the contract is 87.23signed, a fixed and stipulated construction price and completion date to the authority 87.24and post a performance bond in an amount at least equal to 100 percent of the certified 87.25price, to cover any costs which may be incurred in excess of the certified price, including 87.26but not limited to costs incurred by the authority or loss of revenues resulting from 87.27incomplete construction on the completion date. The authority may secure surety bonds 87.28as provided in section 87.29public work undertaken by it. Persons entitled to the protection of the bonds may enforce 87.30them as provided in sections 87.31property of the authority under the provisions of sections 87.32construction and operation of the ballpark must include programs, including Youthbuild, 87.33to provide for participation by small local businesses and businesses owned by people of 87.34color, and the inclusion of women and people of color in the workforces of contractors 87.35and ballpark operators. The construction of the ballpark is a "project" as that term is 88.1defined in section 88.2sections 88.5 Section 1. Minnesota Statutes 2006, section 201.016, subdivision 1a, is amended to 88.6read: 88.7 Subd. 1a. Violations; penalty. (a) The county auditor shall mail a violation notice 88.8to any voter who the county auditor can determine has voted 88.9 88.10election day. The notice must be in the form provided by the secretary of state. The 88.11county auditor shall also change the status of the voter in the statewide registration system 88.12to "challenged" and the voter shall be required to provide proof of residence to either the 88.13county auditor or to the election judges in the voter's precinct before voting in the next 88.14election. Any of the forms authorized by section 88.15place may be used for this purpose. 88.16 (b) A voter who votes in a precinct other than the precinct in which the voter 88.17maintains residence after receiving an initial violation notice as provided in this 88.18subdivision is guilty of a petty misdemeanor. 88.19 (c) A voter who votes in a precinct other than the precinct in which the voter 88.20maintains residence after having been found to have committed a petty misdemeanor 88.21under paragraph (b) is guilty of a misdemeanor. 88.22 (d) Reliance by the voter on inaccurate information regarding the location of the 88.23voter's polling place provided by the state, county, or municipality is an affirmative 88.24defense to a prosecution under this subdivision. 88.25 Sec. 2. Minnesota Statutes 2006, section 201.056, is amended to read: 88.26201.056 SIGNATURE OF REGISTERED VOTER; MARKS ALLOWED. 88.27 An individual who is unable to write the individual's name shall be required to sign a 88.28registration 88.29section 645.44, subdivision 14. If the individual registers in person and signs by making 88.30a mark, the clerk or election judge accepting the registration shall certify the mark by 88.31signing the individual's name. If the individual registers by mail and signs by making a 88.32mark, the mark shall be certified by having a voter registered in the individual's precinct 88.33sign the individual's name and the voter's own name and give the voter's own address. 89.1 Sec. 3. Minnesota Statutes 2006, section 201.061, subdivision 1, is amended to read: 89.2 Subdivision 1. Prior to election day. At any time except during the 20 days 89.3immediately preceding any regularly scheduled election, an eligible voter or any 89.4individual who will be an eligible voter at the time of the next election may register to 89.5vote in the precinct in which the voter maintains residence by completing a paper voter 89.6registration application as described in section 89.7person or by mail to the county auditor of that county or to the Secretary of State's Office. 89.8The secretary of state may maintain a Web site function that enables an individual who 89.9has a Minnesota driver's license, identification card, or learner's permit to register online. 89.10A registration that is received no later than 5:00 p.m. on the 21st day preceding any 89.11election shall be accepted. An improperly addressed or delivered registration application 89.12shall be forwarded within two working days after receipt to the county auditor of the 89.13county where the voter maintains residence. A state or local agency or an individual that 89.14accepts completed voter registration applications from a voter must submit the completed 89.15applications to the secretary of state or the appropriate county auditor within ten business 89.16days after the applications are dated by the voter. 89.17 For purposes of this section, mail registration is defined as a voter registration 89.18application delivered to the secretary of state, county auditor, or municipal clerk by the 89.19United States Postal Service or a commercial carrier. 89.20 Sec. 4. Minnesota Statutes 2006, section 201.061, is amended by adding a subdivision 89.21to read: 89.22 Subd. 1b. Prohibited methods of compensation; penalty. (a) No individual 89.23may be compensated for the solicitation, collection, or acceptance of voter registration 89.24applications from voters for submission to the secretary of state, a county auditor, or other 89.25local election official in a manner in which payment is calculated by multiplying (1) 89.26either a set or variable payment rate, by (2) the number of voter registration applications 89.27solicited, collected, or accepted. 89.28 (b) No individual may be deprived of compensation or have compensation 89.29automatically reduced exclusively for failure to solicit, collect, or accept a minimum 89.30number of voter registration applications and no individual may receive additional 89.31compensation for reaching or exceeding a minimum number of voter registration 89.32applications. 89.33 (c) A person who violates this subdivision is guilty of a petty misdemeanor. 89.34 Sec. 5. Minnesota Statutes 2006, section 201.061, subdivision 3, is amended to read: 90.1 Subd. 3. Election day registration. (a) The definitions in this paragraph apply 90.2to this subdivision: 90.3 (1) "current utility bill" means a utility bill dated within 30 days before the election 90.4day or due within 30 days before or after the election; 90.5 (2) "photo identification" means identification that displays the name and photo 90.6of an individual and that was issued by: 90.7 (i) another state for use as a driver's license or identification card; 90.8 (ii) a Minnesota college, university, or other postsecondary educational institution or 90.9high school as a student identification card; or 90.10 (iii) a tribal government of a tribe recognized by the Bureau of Indian Affairs, United 90.11States Department of the Interior; 90.12 (3) "residential facility" means transitional housing as defined in section 90.13subdivision 1 90.14section 90.155 90.16establishment as defined in section 90.17the board of directors of the Minnesota Veterans Homes under chapter 198; a residence 90.18licensed by the commissioner of human services to provide a residential program as 90.19defined in section 90.20developmental disability licensed by the commissioner of human services under section 90.21 90.22for battered women as defined in section 90.23publicly or privately operated shelter or dwelling designed to provide temporary living 90.24accommodations for the homeless; and 90.25 (4) "utility bill" means a written or electronic bill for gas, electricity, telephone, 90.26wireless telephone, cable television, satellite television, solid waste, water, sewer services, 90.27or an itemized rent statement. 90.28 (b) An individual who is eligible to vote may register on election day by appearing 90.29in person at the polling place for the precinct in which the individual maintains residence, 90.30by completing a registration application, making an oath in the form prescribed by the 90.31secretary of state and providing proof of residence. An individual may prove residence for 90.32purposes of registering by: 90.33 (1) presenting a driver's license or Minnesota identification card issued pursuant 90.34to section 90.35 (2) presenting: 90.36 (i) a photo identification; and 91.1 (ii) a current utility bill or lease, showing the individual's name and valid residential 91.2address in the precinct; 91.3 (3) presenting an identification card issued by the tribal government of a tribe 91.4recognized by the Bureau of Indian Affairs, United States Department of the Interior, that 91.5contains the name, address, signature, and picture of the individual; 91.6 91.7identification; 91.8 91.9 (i) a current valid student identification card from a postsecondary educational 91.10institution in Minnesota, if a list of students from that institution has been prepared under 91.11section 91.12the secretary of state; or 91.13 (ii) a current student fee statement that contains the student's valid address in the 91.14precinct together with a 91.15 91.16employee employed by and working in a residential facility in the precinct and vouching 91.17for a resident in the facility, sign an oath in the presence of the election judge vouching that 91.18the voter or employee personally knows that the individual is a resident of the precinct. A 91.19voter who has been vouched for on election day may not sign a proof of residence oath 91.20vouching for any other individual on that election day. A voter who is registered to vote 91.21in the precinct may sign up to 15 proof-of-residence oaths on any election day. This 91.22limitation does not apply to an employee of a residential facility described in this clause. 91.23 (ii) The secretary of state shall provide a form for election judges to use in recording 91.24the number of individuals for whom a voter signs proof-of-residence oaths on election 91.25day. The form must include space for the maximum number of individuals for whom a 91.26voter may sign proof-of-residence oaths. For each proof-of-residence oath, the form 91.27must include a statement that the voter is registered to vote in the precinct, personally 91.28knows that the individual is a resident of the precinct, and is making the statement on 91.29oath. The form must include a space for the voter's printed name, signature, telephone 91.30number, and address. 91.31 The oath required by this subdivision and Minnesota Rules, part 91.32be attached to the voter registration application 91.33 91.34 91.35 91.36 92.1 92.2 92.3 92.4 92.5 92.6 92.7 92.8 92.9 92.10 92.11 92.12 92.13 92.14 92.15 92.16 92.17 92.18 92.19 92.20 92.21 92.22 92.23 92.24 92.25 92.26 92.27 (c) An employee of a residential facility must prove employment with that 92.28facility by presenting a current identification card issued by the facility or other official 92.29documentation verifying the employee's current status with the facility on election day to 92.30be eligible to vouch for individuals residing in that facility. 92.31 92.32responsible for election day registration initial each completed registration application. 92.33EFFECTIVE DATE.This section is effective September 1, 2007. 92.34 Sec. 6. Minnesota Statutes 2006, section 201.071, subdivision 1, is amended to read: 93.1 Subdivision 1. Form. A voter registration application must 93.2 93.3name, middle name, and last name; voter's previous name, if any; voter's current address; 93.4voter's previous address, if any; voter's date of birth; voter's municipality and county of 93.5residence; voter's telephone number, if provided by the voter; date of registration; current 93.6and valid Minnesota driver's license number or Minnesota state identification number, 93.7or if the voter has no current and valid Minnesota driver's license or Minnesota state 93.8identification, and the last four digits of the voter's Social Security number 93.9 93.10by the voter, and the voter's interest in serving as an election judge, if indicated by the 93.11voter. The application must also contain the following certification of voter eligibility: 93.12 "I certify that I: 93.13 (1) will be at least 18 years old on election day; 93.14 (2) am a citizen of the United States; 93.15 (3) will have resided in Minnesota for 20 days immediately preceding election day; 93.16 (4) maintain residence at the address given on the registration form; 93.17 (5) am not under court-ordered guardianship in which the court order revokes my 93.18right to vote; 93.19 (6) have not been found by a court to be legally incompetent to vote; 93.20 (7) have the right to vote because, if I have been convicted of a felony, my felony 93.21sentence has expired (been completed) or I have been discharged from my sentence; and 93.22 (8) have read and understand the following statement: that giving false information 93.23is a felony punishable by not more than five years imprisonment or a fine of not more 93.24than $10,000, or both." 93.25 The certification must include boxes for the voter to respond to the following 93.26questions: 93.27 "(1) Are you a citizen of the United States?" and 93.28 "(2) Will you be 18 years old on or before election day?" 93.29 And the instruction: 93.30 "If you checked 'no' to either of these questions, do not complete this form." 93.31 The form of the voter registration application and the certification of voter eligibility 93.32must be as provided in this subdivision and approved by the secretary of state. Voter 93.33registration forms authorized by the National Voter Registration Act must also be accepted 93.34as valid. The federal postcard application form must also be accepted as valid if it is not 93.35deficient and the voter is eligible to register in Minnesota. 94.1 An individual may use a voter registration application to apply to register to vote in 94.2Minnesota or to change information on an existing registration. 94.3 A paper voter registration application must include space for the voter's signature 94.4and be of suitable size and weight for mailing. 94.5 Sec. 7. Minnesota Statutes 2006, section 201.091, subdivision 9, is amended to read: 94.6 Subd. 9. Restricted data. A list provided for public inspection or purchase, for 94.7jury selection, or in response to a law enforcement inquiry, must not include a voter's 94.8date of birth or any part of a voter's Social Security number, driver's license number, 94.9identification card number, military identification card number, or passport number. 94.10 Sec. 8. Minnesota Statutes 2006, section 201.12, is amended to read: 94.11201.12 PROPER REGISTRATION; VERIFICATION BY MAIL; 94.12CHALLENGES. 94.13 Subdivision 1. Notice of registration. To prevent fraudulent voting and to eliminate 94.14excess names, the county auditor may mail to any registered voter a notice stating the 94.15voter's name and address as they appear in the registration files. The notice shall request 94.16the voter to notify the county auditor if there is any mistake in the information. 94.17 Subd. 2. 94.18but with a permanent forwarding address in this state, the county auditor shall notify the 94.19auditor of the county where the voter resides. Upon receipt of the notice, the county 94.20auditor shall update the voter's address in the statewide voter registration system and mail 94.21to the voter the notice of registration required by section 94.22notice must advise the voter that the voter's voting address has been changed and that the 94.23voter must notify the county auditor within 21 days if the new address is not what the 94.24voter intended to be their permanent address. 94.25 Subd. 3. Moved out of state. If the notice is returned as undeliverable but with a 94.26permanent forwarding address outside this state, the county auditor shall promptly mail 94.27to the voter at the forwarding address a notice advising the voter that the voter's voter 94.28registration in this state will be deleted unless the voter notifies the county auditor within 94.2921 days that the voter intends to retain the former address as the voter's permanent address. 94.30If the notice is not received by the deadline, the county auditor shall change the voter's 94.31status to "inactive" in the statewide registration system. 94.32 Subd. 4. Challenges. 94.33 94.34 95.1 95.2forwarding address, the county auditor shall change the registrant's status to "challenged" 95.3in the statewide registration system. An individual challenged in accordance with this 95.4subdivision shall comply with the provisions of section 95.5vote. If a notice mailed at least 60 days after the return of the first nonforwardable mailing 95.6is also returned by the postal service, the county auditor shall change the registrant's status 95.7to "inactive" in the statewide registration system. 95.8EFFECTIVE DATE.This section is effective August 1, 2007. 95.9 Sec. 9. Minnesota Statutes 2006, section 201.13, subdivision 3, is amended to read: 95.10 Subd. 3. Use of change of address system. 95.11 95.12 95.13 95.14 95.15 (a) At least once each month the secretary of state shall obtain a list of individuals in 95.16this state who have filed with the United States Postal Service a change of their permanent 95.17address. If an individual is registered as a voter in the statewide voter registration system 95.18and the change is to another address in this state, the secretary of state shall transmit 95.19the registration by electronic means to the county auditor of the county where the voter 95.20resides. Upon receipt of the registration, the county auditor shall update the voter's 95.21address in the statewide voter registration system and mail to the voter the notice of 95.22registration required by section 95.23that the voter's permanent address has been changed and that the voter must notify the 95.24county auditor within 21 days if the new address is not what the voter intended to be the 95.25voter's permanent address. 95.26 (b) If the change of permanent address is to a forwarding address outside this state, 95.27the secretary of state shall notify by electronic means the auditor of the county where the 95.28voter formerly resided that the voter has left the state. The county auditor shall promptly 95.29mail to the voter at the forwarding address a notice advising the voter that the voter's voter 95.30registration in this state will be deleted unless the voter notifies the county auditor within 95.3121 days that the voter intends to retain the former address as the voter's permanent address. 95.32If the notice is not received by the deadline, the county auditor shall change the voter's 95.33status to "inactive" in the statewide registration system. 95.34EFFECTIVE DATE.This section is effective April 1, 2008. 96.1 Sec. 10. Minnesota Statutes 2006, section 201.161, is amended to read: 96.2201.161 AUTOMATIC REGISTRATION OF DRIVER'S LICENSE, 96.3INSTRUCTION PERMIT, AND IDENTIFICATION CARD 96.4APPLICANTS. 96.5 Subdivision 1. Automatic registration. An individual who properly completes 96.6an application for a new or renewed Minnesota driver's license, instruction permit, or 96.7identification card, and who is eligible to vote under section 96.8vote as provided in this section, unless the applicant declines to be registered. 96.9 Subd. 2. Applications. The 96.10consultation with the secretary of state, shall change 96.11duplicate, or change of address driver's license, instruction permit, or identification card so 96.12that the forms may also serve as voter registration applications. The forms must contain 96.13spaces for all information collected by voter registration applications prescribed by the 96.14secretary of state and a box for the applicant to decline to be registered to vote. 96.15 96.16 96.17commissioner shall transmit the information 96.18electronic means to the secretary of state. Pursuant to the Help America Vote Act of 2002, 96.19Public Law 107-252, the computerized driver's license record containing the voter's name, 96.20address, date of birth, citizenship, driver's license number or state identification number, 96.21county, 96.22secretary of state and interaction with the statewide voter registration system. 96.23 Subd. 3. Registration. (a) The secretary of state shall determine whether the 96.24applicant is currently registered in the statewide voter registration system. For each 96.25currently registered voter whose registration has not changed, the secretary of state shall 96.26update the voter's registration date in the statewide voter registration system. For each 96.27currently registered voter whose registration has changed, the secretary of state shall 96.28transmit the registration daily by electronic means to the county auditor of the county 96.29where the voter resides. 96.30 (b) If the applicant is not currently registered in the statewide voter registration 96.31system, the secretary of state shall determine whether the applicant is 18 years of age or 96.32older and a citizen of the United States and compare the voter registration information 96.33received from the commissioner of public safety with the information on wards, 96.34incompetents, and felons received from the state court administrator under sections 201.15 96.35and 201.155, to determine whether the applicant is eligible to vote. If an applicant is 96.36less than 18 years of age, the secretary of state shall wait until the applicant has turned 97.118 years of age to determine whether the applicant is eligible to vote. For each applicant 97.2the secretary of state determines is an eligible voter, the secretary of state shall transmit 97.3the registration daily by electronic means to the county auditor of the county where the 97.4voter resides. 97.5 Subd. 4. Notice. Upon receipt of the registration, the county auditor shall mail to 97.6the voter the notice of registration required by section 97.7 Subd. 5. Registrations dated 20 days or less before election. An application for 97.8registration that is dated during the 20 days before an election in any jurisdiction within 97.9which the voter resides is not effective until the day after the election. 97.10EFFECTIVE DATE.An applicant for a Minnesota driver's license, instruction 97.11permit, or identification card must not be registered to vote under this section until the 97.12secretary of state has certified that the system for automatic registration of those applicants 97.13has been tested and shown to properly determine whether an applicant is eligible to vote. 97.14 Sec. 11. Minnesota Statutes 2006, section 201.171, is amended to read: 97.15201.171 POSTING VOTING HISTORY; FAILURE TO VOTE; 97.16REGISTRATION REMOVED. 97.17 Within six weeks after every election, the county auditor shall post the voting 97.18history for every person who voted in the election. After the close of the calendar year, the 97.19secretary of state shall determine if any registrants have not voted during the preceding 97.20 97.21of those registrants to "inactive" in the statewide registration system. The list maintenance 97.22performed must be conducted in a manner that ensures that the name of each registered 97.23voter appears in the official list of eligible voters in the statewide registration system. 97.24A voter must not be removed from the official list of eligible voters unless the voter is 97.25not eligible or is not registered to vote. List maintenance must include procedures for 97.26eliminating duplicate names from the official list of eligible voters. 97.27 The secretary of state shall also prepare a report to the county auditor containing the 97.28names of all registrants whose status was changed to "inactive." 97.29 Registrants whose status was changed to "inactive" must register in the manner 97.30specified in section 97.31district, or special election, as required by section 97.32 Although not counted in an election, a late or rejected absentee or mail ballot must 97.33be considered a vote for the purpose of continuing registration. 98.1 Sec. 12. Minnesota Statutes 2006, section 203B.02, subdivision 1, is amended to read: 98.2 Subdivision 1. 98.3Any eligible voter 98.4 98.5 98.6 98.7 98.8 98.9 98.10 98.11 98.12 98.13 98.14EFFECTIVE DATE.This section is effective April 1, 2008. 98.15 Sec. 13. Minnesota Statutes 2006, section 203B.04, subdivision 1, is amended to read: 98.16 Subdivision 1. Application procedures. Except as otherwise allowed by 98.17subdivision 2, an application for absentee ballots for any election may be submitted at 98.18any time not less than one day before the day of that election. The county auditor shall 98.19prepare absentee ballot application forms in the format provided by the secretary of state, 98.20notwithstanding rules on absentee ballot forms, and shall furnish them to any person on 98.21request. By January 1 of each even-numbered year, the secretary of state shall make the 98.22forms to be used available to auditors through electronic means. An application submitted 98.23pursuant to this subdivision shall be in writing and shall be submitted to: 98.24 98.25 98.26the applicant maintains residence. 98.27 An application shall be approved if it is timely received, signed and dated by the 98.28applicant, contains the applicant's name and residence and mailing addresses, and states 98.29that the applicant is eligible to vote by absentee ballot 98.30 98.31must not be made available for public inspection. An application may be submitted to 98.32the county auditor or municipal clerk by an electronic facsimile device. An application 98.33mailed or returned in person to the county auditor or municipal clerk on behalf of a voter 98.34by a person other than the voter must be deposited in the mail or returned in person to 98.35the county auditor or municipal clerk within ten days after it has been dated by the voter 99.1and no later than six days before the election. The absentee ballot applications or a list of 99.2persons applying for an absentee ballot may not be made available for public inspection 99.3until the close of voting on election day. 99.4 An application under this subdivision may contain an application under subdivision 99.55 to automatically receive an absentee ballot application. 99.6EFFECTIVE DATE.This section is effective April 1, 2008. 99.7 Sec. 14. Minnesota Statutes 2006, section 203B.04, subdivision 6, is amended to read: 99.8 Subd. 6. Ongoing absentee status; termination; rules. (a) An eligible voter 99.9may apply to a county auditor or municipal clerk for status as an ongoing absentee voter 99.10 99.11The voter may decline to receive an absentee ballot for one or more elections, provided 99.12the request is received by the county auditor or municipal clerk at least five days before 99.13the deadline in section 204B.35 for delivering ballots for the election to which it applies. 99.14Each applicant must automatically be provided with an absentee ballot 99.15each ensuing election, other than an election by mail conducted under section 99.16or as otherwise requested by the voter, and must have the status of ongoing absentee voter 99.17indicated on the voter's registration record. 99.18 (b) Ongoing absentee voter status ends on: 99.19 (1) the voter's written request; 99.20 (2) the voter's death; 99.21 (3) return of an ongoing absentee ballot as undeliverable; 99.22 (4) a change in the voter's status so that the voter is not eligible to vote under section 99.24 (5) placement of the voter's registration on inactive status under section 99.25 (c) The secretary of state shall adopt rules governing procedures under this 99.26subdivision. 99.27EFFECTIVE DATE.Paragraph (c) of this section is effective the day following 99.28final enactment. The remainder of this section is effective upon adoption of the rules 99.29provided for in paragraph (c). 99.30 Sec. 15. Minnesota Statutes 2006, section 203B.06, subdivision 3, is amended to read: 99.31 Subd. 3. Delivery of ballots. (a) If an application for absentee ballots is accepted 99.32at a time when absentee ballots are not yet available for distribution, the county auditor, 99.33or municipal clerk accepting the application shall file it and as soon as absentee ballots 100.1are available for distribution shall mail them to the address specified in the application. 100.2If an application for absentee ballots is accepted when absentee ballots are available for 100.3distribution, the county auditor or municipal clerk accepting the application shall promptly: 100.4 (1) mail the ballots to the voter whose signature appears on the application if the 100.5application is submitted by mail and does not request commercial shipping under clause 100.6(2); 100.7 (2) ship the ballots to the voter using a commercial shipper requested by the voter at 100.8the voter's expense; 100.9 (3) deliver the absentee ballots directly to the voter if the application is submitted in 100.10person; or 100.11 (4) deliver the absentee ballots in a sealed transmittal envelope to an agent who has 100.12been designated to bring the ballots, as provided in section 203B.11, subdivision 4, to a 100.13voter who would have difficulty getting to the polls because of health reasons, or who is 100.14disabled, or who is a patient in a health care facility, 100.15 100.16chapter 144G, a participant in a residential program for adults licensed under section 100.18section 100.19 (b) If an application does not indicate the election for which absentee ballots are 100.20sought, the county auditor or municipal clerk shall mail or deliver only the ballots for 100.21the next election occurring after receipt of the application. Only one set of ballots may 100.22be mailed, shipped, or delivered to an applicant for any election, except as provided in 100.23section 100.24voter for a ballot that has been spoiled or lost in transit. 100.25EFFECTIVE DATE.This section is effective August 1, 2007. 100.26 Sec. 16. Minnesota Statutes 2006, section 203B.07, subdivision 2, is amended to read: 100.27 Subd. 2. Design of envelopes. The return envelope shall be of sufficient size 100.28to conveniently enclose and contain the ballot envelope and a voter registration 100.29application folded along its perforations. The return envelope shall be designed to open 100.30on the left-hand end. 100.31 100.32 100.33 100.34 100.35 101.1 101.2 101.3absentee ballot shall be printed on the back of the envelope. The certificate shall contain 101.4a statement to be signed and sworn by the voter indicating that the voter meets all of 101.5the requirements established by law for voting by absentee ballot. If the voter was not 101.6previously registered, the certificate shall also contain a statement signed by a person who 101.7is registered to vote in Minnesota or by a notary public or other individual authorized 101.8to administer oaths stating that: 101.9 101.10 101.11how they were marked, or, if the voter was physically unable to mark them, that the voter 101.12directed another individual to mark them; and 101.13 101.14residence as required by section 101.15 The county auditor or municipal clerk shall affix first class postage to the return 101.16envelopes. 101.17EFFECTIVE DATE.This section is effective April 1, 2008. 101.18 Sec. 17. Minnesota Statutes 2006, section 203B.081, is amended to read: 101.19203B.081 LOCATIONS FOR ABSENTEE VOTING IN PERSON. 101.20 An eligible voter may vote by absentee ballot during the 30 days before the election 101.21in the office of the county auditor and at any other polling place designated by the county 101.22auditor. The county auditor shall make such designations at least 90 days before the 101.23election. At least one voting booth and at least one electronic ballot marker in each polling 101.24place must be made available by the county auditor for this purpose. 101.25 Sec. 18. Minnesota Statutes 2006, section 203B.11, subdivision 4, is amended to read: 101.26 Subd. 4. Agent delivery of ballots. During the 101.27election and until 2:00 p.m. on election day, an eligible voter who 101.28getting to the polls because of health reasons, or who is disabled, a patient of a health care 101.29facility, a resident of a facility providing assisted living services governed by chapter 101.30144G, a participant in a residential program for adults licensed under section 101.31subdivision 14, or a resident of a shelter for battered women as defined in section 101.32subdivision 4, may designate an agent to deliver the ballots to the voter from the county 101.33auditor or municipal clerk. A candidate at the election may not be designated as an agent. 102.1The voted ballots must be returned to the county auditor or municipal clerk no later than 102.23:00 p.m. on election day. The voter must complete an affidavit requesting the auditor or 102.3clerk to provide the agent with the ballots in a sealed transmittal envelope. The affidavit 102.4must include a statement from the voter stating that the ballots were delivered to the voter 102.5by the agent in the sealed transmittal envelope. An agent may deliver ballots to no more 102.6than three persons in any election. The secretary of state shall provide samples of the 102.7affidavit and transmission envelope for use by the county auditors. 102.8EFFECTIVE DATE.This section is effective August 1, 2007. 102.9 Sec. 19. Minnesota Statutes 2006, section 203B.12, subdivision 4, is amended to read: 102.10 Subd. 4. Placement in container; opening and counting of ballots. The ballot 102.11envelopes from return envelopes marked "Accepted" shall be placed by the election 102.12judges in a separate absentee ballot container. The container and each ballot envelope may 102.13be opened only after 102.14noon on election day. The ballots shall then be initialed by the election judges in the 102.15same manner as ballots delivered by them to voters in person and shall be deposited in 102.16the appropriate ballot box. 102.17 If more than one ballot of any kind is enclosed in the ballot envelope, none of the 102.18ballots of that kind shall be counted but all ballots of that kind shall be returned in the 102.19manner provided by section 102.20 Sec. 20. Minnesota Statutes 2006, section 203B.13, subdivision 1, is amended to read: 102.21 Subdivision 1. Establishment. The governing body of any county 102.22 102.23municipality, or any school district may by ordinance or resolution, authorize an absentee 102.24ballot board. The board shall consist of a sufficient number of election judges appointed as 102.25provided in sections 102.26 Sec. 21. Minnesota Statutes 2006, section 203B.13, subdivision 2, is amended to read: 102.27 Subd. 2. Duties. The absentee ballot board may 102.28 102.29 102.30 102.31all return absentee ballot envelopes and 102.32manner provided in section 103.1 103.2 103.3 103.4 103.5 The absentee ballot board may begin the process of examining the return envelopes 103.6and marking them "accepted" or "rejected" at any time during the 30 days before the 103.7election. If an envelope has been rejected at least five days before the election, the 103.8ballots in the envelope must be considered spoiled ballots and the official in charge of the 103.9absentee ballot board shall provide the voter with a replacement absentee ballot and return 103.10envelope in place of the spoiled ballot. 103.11 103.12 Sec. 22. Minnesota Statutes 2006, section 203B.16, subdivision 2, is amended to read: 103.13 Subd. 2. Permanent residence outside United States. Sections 103.15living permanently outside the territorial limits of the United States who meet all the 103.16qualifications of an eligible voter except residence in Minnesota, but who are authorized 103.17by federal law to vote in Minnesota because they maintained residence in Minnesota for 103.18at least 20 days immediately prior to their departure from the United States or because, 103.19although they have never resided in the United States, their parent maintained residence in 103.20Minnesota for at least 20 days immediately before their parent departed from the United 103.21States. Individuals described in this subdivision shall be permitted to vote only for the 103.22offices of president, vice-president, senator in Congress, and representative in Congress. 103.23EFFECTIVE DATE.This section is effective April 1, 2008. 103.24 Sec. 23. Minnesota Statutes 2006, section 203B.17, subdivision 2, is amended to read: 103.25 Subd. 2. Required information. An application shall be accepted if it contains the 103.26following information stated under oath: 103.27 (a) the voter's name, birthdate, and present address of residence in Minnesota, or 103.28former address of residence in Minnesota if the voter is living permanently outside the 103.29United States; 103.30 (b) a statement indicating that the voter is in the military, or is the spouse or 103.31dependent of an individual serving in the military, or is temporarily outside the territorial 103.32limits of the United States, or is living permanently outside the territorial limits of the 103.33United States and voting under federal law; 104.1 (c) a statement that the voter expects to be absent from the precinct at the time 104.2of the election; 104.3 (d) the address to which absentee ballots are to be mailed; 104.4 (e) the voter's signature or the signature and relationship of the individual authorized 104.5to apply on the voter's behalf; and 104.6 (f) the voter's military identification card number, passport number, or 104.7driver's license or state identification card number; if the voter does not have 104.8 104.9 104.10 104.11 104.12 104.13 104.14 104.15 104.16 104.17these documents, the voter or other individual requesting absentee ballots may attest to the 104.18truthfulness of the contents of the application under penalty of perjury. 104.19EFFECTIVE DATE.This section is effective April 1, 2008. 104.20 Sec. 24. Minnesota Statutes 2006, section 203B.19, is amended to read: 104.21203B.19 RECORDING APPLICATIONS. 104.22 Upon accepting an application, the county auditor shall record in the statewide 104.23registration system the voter's name, address of present or former residence in Minnesota, 104.24mailing address, school district number, military identification card number, passport 104.25number, Minnesota driver's license number or state identification card number, and 104.26whether the voter is in the military or the spouse or dependent of an individual serving in 104.27the military, is a voter temporarily outside the territorial limits of the United States, or 104.28is living permanently outside the territorial limits of the United States and voting under 104.29federal law. The county auditor shall retain the record for six years. A voter whose name 104.30is recorded as provided in this section shall not be required to register under any other 104.31provision of law in order to vote under sections 104.32applications are not accepted must be notified by the county auditor and provided with the 104.33reasons for the rejection. 105.1 No later than 60 days after the general election, the county auditor shall report to the 105.2secretary of state the combined number of absentee ballots transmitted to absent voters 105.3described in section 105.4auditor shall report to the secretary of state the combined number of absentee ballots 105.5returned and cast by absent voters described in section 105.6may require the information be reported by category under section 105.7 No later than 90 days after the general election, the secretary of state shall report to 105.8the federal Election Assistance Commission the number of absentee ballots transmitted 105.9to voters under section 105.10EFFECTIVE DATE.This section is effective April 1, 2008. 105.11 Sec. 25. Minnesota Statutes 2006, section 203B.20, is amended to read: 105.12203B.20 CHALLENGES. 105.13 Except as provided in this section, the eligibility or residence of a voter whose 105.14application for absentee ballots is recorded under section 105.15the manner set forth by section 105.16be required to serve a copy of the petition and notice of hearing on the challenged voter. 105.17If the absentee ballot application was submitted on behalf of a voter by an individual 105.18authorized under section 105.19attempt to notify the individual who submitted the application of the challenge. The 105.20county auditor may contact other registered voters to request information that may resolve 105.21any discrepancies appearing in the application. All reasonable doubt shall be resolved 105.22in favor of the validity of the application. If the voter's challenge is affirmed, the county 105.23auditor shall provide the challenged voter with a copy of the petition and the decision and 105.24shall inform the voter of the right to appeal as provided in section 105.25EFFECTIVE DATE.This section is effective April 1, 2008. 105.26 Sec. 26. Minnesota Statutes 2006, section 203B.21, subdivision 2, is amended to read: 105.27 Subd. 2. Mailing of ballots; return. Ballots and instructions for marking them, 105.28ballot envelopes, and return envelopes shall be sent by first class mail to addresses within 105.29the continental United States and by air mail to addresses outside the continental United 105.30States, unless the voter requests to have the ballots and related materials sent electronically 105.31under section 203B.225. The ballot envelope and return envelope shall be marked 105.32"Official Ballot," and shall contain sufficient postage to assure proper return delivery. The 106.1return envelope shall be addressed to comply with any method for return of absentee 106.2ballots as authorized under section 106.3EFFECTIVE DATE.This section is effective April 1, 2008. 106.4 Sec. 27. Minnesota Statutes 2006, section 203B.21, subdivision 3, is amended to read: 106.5 Subd. 3. Back of return envelope. On the back of the return envelope 106.6 106.7 106.8 (2) the voter's current e-mail address, if the voter has one; 106.9 106.10the voter belongs; 106.11 106.12in the same election or elections; 106.13 106.14them to anyone, or if physically unable to mark them, that the voter directed another 106.15individual to mark them; and 106.16 106.17Minnesota driver's license or state identification card number as provided on the absentee 106.18ballot application; if the voter does not have 106.19 106.20 106.21 106.22access to any of these documents, the voter may attest to the truthfulness of the contents 106.23of the certificate under penalty of perjury. 106.24 The 106.25by section 705 of the Help America Vote Act, Public Law 107-252, which must read: 106.26 "I swear or affirm, under penalty of perjury, that: 106.27 I am a member of the uniformed services or merchant marine on active duty or 106.28an eligible spouse or dependent of such a member; a United States citizen temporarily 106.29residing outside the United States; or other United States citizen residing outside the 106.30United States; and I am a United States citizen, at least 18 years of age (or will be by the 106.31date of the election), and I am eligible to vote in the requested jurisdiction; I have not 106.32been convicted of a felony, or other disqualifying offense, or been adjudicated mentally 106.33incompetent, or, if so, my voting rights have been reinstated; and I am not registering, 106.34requesting a ballot, or voting in any other jurisdiction in the United States except the 106.35jurisdiction cited in this voting form. In voting, I have marked and sealed my ballot in 107.1private and have not allowed any person to observe the marking of the ballot, except for 107.2those authorized to assist voters under state or federal law. I have not been influenced. 107.3 My signature and date below indicate when I completed this document. 107.4 The information on this form is true, accurate, and complete to the best of my 107.5knowledge. I understand that a material misstatement of fact in completion of this 107.6document may constitute grounds for a conviction for perjury." 107.7EFFECTIVE DATE.This section is effective April 1, 2008. 107.8 Sec. 28. Minnesota Statutes 2006, section 203B.22, is amended to read: 107.9203B.22 MAILING BALLOTS. 107.10 The county auditor shall mail the appropriate ballots, as promptly as possible, to an 107.11absent voter whose application has been recorded under section 107.12auditor determines that a voter is not eligible to vote at the primary but will be eligible to 107.13vote at the general election, only general election ballots shall be mailed. Only one set of 107.14ballots shall be mailed to any applicant for any election, except that the county auditor 107.15may mail a replacement ballot to a voter whose ballot has been spoiled or lost in transit 107.16or whose mailing address has changed after the date on which the original application 107.17was submitted as confirmed by the county auditor. Ballots to be sent outside the United 107.18States shall be given priority in mailing. A county auditor may make use of any special 107.19service provided by the United States government for the mailing of voting materials 107.20under sections 107.21 Sec. 29. [203B.225] TRANSMITTING AND RETURNING BALLOTS. 107.22 Subdivision 1. Transmitting ballot and certificate of voter eligibility. A voter 107.23described in section 203B.16 may include in an application for absentee ballots a request 107.24that the ballots, instructions, and a certificate of voter eligibility meeting the requirements 107.25of section 203B.21, subdivision 3, be transmitted to the voter electronically. Upon receipt 107.26of a properly completed application requesting electronic transmission, the county auditor 107.27shall electronically transmit the requested materials to the voter. 107.28 Subd. 2. Returning voted ballots. The voter must return the voted ballots and the 107.29certificate of voter eligibility to the county auditor in a sealed envelope. Upon receipt 107.30of a ballot, the county auditor must immediately compare the information provided on 107.31the absentee ballot application with the information provided on the certificate of voter 107.32eligibility. After the information on the certificate of voter eligibility has been verified, 108.1the certificate must be attached to the ballot secrecy envelope and placed with the other 108.2absentee ballots for the precinct in which the voter resides. 108.3 Subd. 3. Rejecting transmitted ballots. If the county auditor cannot verify that the 108.4ballots were returned by the same person to whom the absentee ballot application was 108.5transmitted, the ballots must be rejected and no votes on the ballots may be counted. 108.6EFFECTIVE DATE.This section is effective April 1, 2008. 108.7 Sec. 30. [203B.227] WRITE-IN ABSENTEE BALLOT. 108.8 An eligible voter who will be outside the territorial limits of the United States during 108.9the 180 days prior to the state general election may use a state write-in absentee ballot to 108.10vote in any federal, state, or local election. In a state or local election, a vote for a political 108.11party without specifying the name of a candidate must not be counted. 108.12 Sec. 31. Minnesota Statutes 2006, section 203B.23, is amended to read: 108.13203B.23 108.14ABSENTEE BALLOT BOARD. 108.15 Subdivision 1. Establishment. 108.16 108.17 108.18 108.19 108.20 108.21 108.22 108.23must establish an absentee ballot board for ballots issued under sections 203B.16 to 108.24203B.27. The board may consist of staff trained and certified as election judges, in which 108.25case, the board is exempt from sections 204B.19, subdivision 5, and 204C.15, relating 108.26to party balance in appointment of judges and to duties to be performed by judges of 108.27different major political parties. 108.28 Subd. 2. Duties. The absentee ballot board must examine all returned absentee 108.29ballot envelopes for ballots issued under sections 203B.16 to 203B.27 and accept or reject 108.30the absentee ballots in the manner provided in section 203B.24. 108.31 The absentee ballot board must examine the return envelopes and mark them 108.32"accepted" or "rejected" during the 30 days before the election. If an envelope has been 108.33rejected at least five days before the election, the ballots in the envelope must be considered 109.1spoiled ballots and the official in charge of the absentee ballot board must provide the 109.2voter with a replacement absentee ballot and return envelope in place of the spoiled ballot. 109.3 Subd. 3. Applicable laws. Except as otherwise provided in this section, all the 109.4laws applicable to absentee ballots and absentee voters and all other provisions of the 109.5Minnesota Election Law apply to an absentee ballot board. 109.6EFFECTIVE DATE.This section is effective April 1, 2008. 109.7 Sec. 32. Minnesota Statutes 2006, section 203B.24, is amended to read: 109.8203B.24 DUTIES OF ELECTION JUDGES. 109.9 Subdivision 1. Check of voter eligibility; proper execution of 109.10 Upon receipt of an absentee ballot returned as provided in sections 109.11the election judges shall compare the voter's name with the names 109.12 109.13system to insure that the ballot is from a voter eligible to cast an absentee ballot under 109.14sections 109.15"Accepted" and initial or sign the return envelope below the word "Accepted" if the 109.16election judges are satisfied that: 109.17 (1) the voter's name on the return envelope appears in substantially the same form as 109.18on the application records provided to the election judges by the county auditor; 109.19 (2) the voter has signed the federal oath prescribed pursuant to section 705(b)(2) of 109.20the Help America Vote Act, Public Law 107-252; 109.21 (3) the voter has set forth the same voter's military identification number 109.22number, or 109.23 109.24 109.25 109.26the application, if the voter has one of these documents; and 109.27 (4) the voter has not already voted at that election, either in person or by absentee 109.28ballot. 109.29 If the identification number described in clause (3) does not match the number as 109.30submitted on the application, the election judges must make a reasonable effort to satisfy 109.31themselves through other information provided by the applicant, or by an individual 109.32authorized to apply on behalf of the voter, that the ballots were returned by the same 109.33person to whom the ballots were transmitted. 110.1 An absentee ballot 110.2rejected for the lack of one of clauses (1) to (4). In particular, failure to place the ballot 110.3within the security envelope before placing it in the outer white envelope is not a reason to 110.4reject an absentee ballot. 110.5 Election judges must note the reason for rejection on the back of the envelope in the 110.6space provided for that purpose. 110.7 Failure to return unused ballots shall not invalidate a marked ballot, but a ballot shall 110.8not be counted if the 110.9In all other respects the provisions of the Minnesota Election Law governing deposit and 110.10counting of ballots shall apply. 110.11 Subd. 2. 110.12election judges shall compare the voter's name with the names 110.13 110.14 110.15each returned ballot, the election judges must indicate on the record in the statewide 110.16registration system whether 110.17 110.18 110.19 110.20 110.21 110.22 110.23 110.24EFFECTIVE DATE.This section is effective April 1, 2008. 110.25 Sec. 33. Minnesota Statutes 2006, section 203B.25, is amended to read: 110.26203B.25 110.27 110.28 Subdivision 1. Death of voter. If the election judges receive proof that a voter who 110.29has returned an absentee ballot as provided in sections 110.30before the time when voting is scheduled to begin on election day, the ballot of that voter 110.31shall be returned by the election judges with the rejected ballots. Notwithstanding the 110.32other provisions of this section, the counting of the absentee ballot of a deceased voter 110.33shall not invalidate the election. 111.1 Subd. 2. Voting more than once. If a voter whose application has been recorded 111.2under section 203B.19 casts a ballot in person on election day, an absentee ballot from 111.3that voter must not be counted. If more than one return envelope is received from a voter 111.4whose application has been recorded under section 203B.19, the ballots in the return 111.5envelope bearing the latest date must be counted and the uncounted ballots must be 111.6returned by the election judges with the rejected ballots. 111.7EFFECTIVE DATE.This section is effective April 1, 2008. 111.8 Sec. 34. Minnesota Statutes 2006, section 203B.26, is amended to read: 111.9203B.26 SEPARATE RECORD. 111.10 A separate record of the ballots of absent voters cast under sections 111.12and provided to the election judges in the polling place on election day, along with the 111.13returned envelopes marked "accepted" by the absentee ballot board. The content of the 111.14record must be in a form prescribed by the secretary of state. The election judges in the 111.15polling place must note on the record any envelopes that had been marked "accepted" by 111.16the absentee ballot board but were not counted. The election judges must preserve the 111.17record and return it to the county auditor or municipal clerk with the election day materials. 111.18EFFECTIVE DATE.This section is effective April 1, 2008. 111.19 Sec. 35. [203B.28] EMERGENCY POWERS. 111.20 (a) If the governor has declared an emergency and filed the declaration with the 111.21secretary of state under section 12.31, or if a natural disaster or armed conflict involving 111.22the United States Armed Forces, or mobilization of those forces, including National Guard 111.23and reserve components of this state, makes substantial compliance with the Uniformed 111.24and Overseas Citizens Absentee Voting Act impossible or unreasonable, the secretary of 111.25state may prescribe, by emergency orders, special procedures or requirements necessary to 111.26facilitate absentee voting by those citizens directly affected who otherwise are eligible 111.27to vote in this state. 111.28 (b) The secretary of state shall adopt rules describing the emergency powers and the 111.29situations in which the powers must be exercised. 111.30EFFECTIVE DATE.Paragraph (a) is effective upon adoption of the rules provided 111.31for in paragraph (b). Paragraph (b) is effective the day following final enactment. 112.1 Sec. 36. Minnesota Statutes 2006, section 204B.06, subdivision 1, is amended to read: 112.2 Subdivision 1. Form of affidavit. An affidavit of candidacy shall state the name of 112.3the office sought and, except as provided in subdivision 4, shall state that the candidate: 112.4 (1) is an eligible voter; 112.5 (2) has no other affidavit on file as a candidate for any office at the same primary 112.6or next ensuing general election, except that a candidate for soil and water conservation 112.7district supervisor in a district not located in whole or in part in Anoka, Hennepin, 112.8Ramsey, or Washington County, may also have on file an affidavit of candidacy for 112.9mayor or council member of a statutory or home rule charter city of not more than 2,500 112.10population contained in whole or in part in the soil and water conservation district or for 112.11town supervisor in a town of not more than 2,500 population contained in whole or in part 112.12in the soil and water conservation district; and 112.13 (3) is, or will be on assuming the office, 21 years of age or more, and will have 112.14maintained residence in the district from which the candidate seeks election for 30 days 112.15before the general election. 112.16 An affidavit of candidacy must include a statement that the candidate's name as 112.17written on the affidavit for ballot designation is the candidate's true name or the name by 112.18which the candidate is commonly and generally known in the community. 112.19 An affidavit of candidacy for partisan office shall also state the name of the 112.20candidate's political party or political principle, stated in three words or less. Except as 112.21provided in section 204B.09, subdivision 1a, the affidavit of candidacy must include an 112.22original signature of the candidate. 112.23 Sec. 37. Minnesota Statutes 2006, section 204B.09, subdivision 1, is amended to read: 112.24 Subdivision 1. Candidates in state and county general elections. (a) Except as 112.25otherwise provided by this subdivision, affidavits of candidacy and nominating petitions 112.26for county, state, and federal offices filled at the state general election shall be filed not 112.27more than 70 days nor less than 56 days before the state primary. The affidavit may 112.28be prepared and signed at any time between 60 days before the filing period opens and 112.29the last day of the filing period. 112.30 (b) Notwithstanding other law to the contrary, the affidavit of candidacy must be 112.31signed in the presence of a notarial officer or an individual authorized to administer oaths 112.32under section 112.33 (c) This provision does not apply to candidates for presidential elector nominated 112.34by major political parties. Major party candidates for presidential elector are certified 112.35under section 113.1before the state primary day pursuant to section 113.2before the state primary 113.3filed as provided in section 113.45:00 p.m. on the last day for filing. 113.5 (d) Affidavits and petitions for county offices 113.6must be filed with the county auditor of that county. Affidavits and petitions for federal 113.7offices 113.8state. Affidavits and petitions for state offices must be filed with the secretary of state or 113.9with the county auditor of the county in which the candidate resides. 113.10 Sec. 38. Minnesota Statutes 2006, section 204B.09, subdivision 1a, is amended to read: 113.11 Subd. 1a. Absent candidates. (a) A candidate for special district, county, state, 113.12or federal office who will be absent from the state during the filing period may submit 113.13a properly executed affidavit of candidacy, the appropriate filing fee, and any necessary 113.14petitions in person to the filing officer. The candidate shall state in writing the reason for 113.15being unable to submit the affidavit during the filing period. The affidavit, filing fee, 113.16and petitions must be submitted to the filing officer during the seven days immediately 113.17preceding the candidate's absence from the state. Nominating petitions may be signed 113.18during the 14 days immediately preceding the date when the affidavit of candidacy is filed. 113.19 (b) In extraordinary circumstances beyond the candidate's control that prevent 113.20the candidate from filing an affidavit of candidacy authenticated by the candidate's 113.21handwritten or other signature meeting the requirements of section 645.44, subdivision 14, 113.22the affidavit of candidacy may be filed electronically with the secretary of state along with 113.23a written statement of the extraordinary circumstances. The affidavit and statement may be 113.24authenticated either by the electronic facsimile signature of the candidate, by an electronic 113.25signature consisting of a password assigned by the secretary of state, or by another form of 113.26electronic signature approved by the secretary of state. The secretary of state may adopt 113.27rules governing the electronic filing of an affidavit of candidacy under this paragraph. 113.28 Sec. 39. Minnesota Statutes 2006, section 204B.09, subdivision 3, is amended to read: 113.29 Subd. 3. Write-in candidates. (a) A candidate for county, state, or federal office 113.30who wants write-in votes for the candidate to be counted must file a written request with 113.31the filing office for the office sought no later than the 113.32election. The filing officer shall provide copies of the form to make the request. 113.33 (b) A candidate for president of the United States who files a request under this 113.34subdivision must include the name of a candidate for vice-president of the United States. 114.1The request must also include the name of at least one candidate for presidential elector. 114.2The total number of names of candidates for presidential elector on the request may not 114.3exceed the total number of electoral votes to be cast by Minnesota in the presidential 114.4election. 114.5 (c) A candidate for governor who files a request under this subdivision must include 114.6the name of a candidate for lieutenant governor. 114.7 Sec. 40. Minnesota Statutes 2006, section 204B.11, subdivision 2, is amended to read: 114.8 Subd. 2. Petition in place of filing fee. At the time of filing an affidavit of 114.9candidacy, a candidate may present a petition in place of the filing fee. The petition may be 114.10circulated from the date of precinct caucuses to the end of the period for filing affidavits of 114.11candidacy. The petition may be signed by any individual eligible to vote for the candidate. 114.12A nominating petition filed pursuant to section 114.13effective as a petition in place of a filing fee if the nominating petition includes a prominent 114.14statement informing the signers of the petition that it will be used for that purpose. 114.15 The number of signatures on a petition in place of a filing fee shall be as follows: 114.16 (a) for a state office voted on statewide, or for president of the United States, or 114.17United States senator, 2,000; 114.18 (b) for a congressional office, 1,000; 114.19 (c) for a county or legislative office, or for the office of district judge, 500; and 114.20 (d) for any other office which requires a filing fee as prescribed by law, municipal 114.21charter, or ordinance, the lesser of 500 signatures or five percent of the total number of 114.22votes cast in the municipality, ward, or other election district at the preceding general 114.23election at which that office was on the ballot. 114.24 An official with whom petitions are filed shall make sample forms for petitions in 114.25place of filing fees available upon request. 114.26 Sec. 41. Minnesota Statutes 2006, section 204B.16, subdivision 1, is amended to read: 114.27 Subdivision 1. Authority; location. The governing body of each municipality and 114.28of each county with precincts in unorganized territory shall designate by ordinance or 114.29resolution a polling place for each election precinct. Polling places must be designated 114.30and ballots must be distributed so that no one is required to go to more than one polling 114.31place to vote in a school district and municipal election held on the same day. The polling 114.32place for a precinct in a city or in a school district located in whole or in part in the 114.33metropolitan area defined by section 114.34boundaries of the precinct or within 115.1a single polling place is designated for a city pursuant to section 115.22 115.3unorganized territory may be located outside the precinct at a place which is convenient to 115.4the voters of the precinct. If no suitable place is available within a town or within a school 115.5district located outside the metropolitan area defined by section 115.6then the polling place for a town or school district may be located outside the town or 115.7school district within five miles of one of the boundaries of the town or school district. 115.8 Sec. 42. Minnesota Statutes 2006, section 204B.21, subdivision 2, is amended to read: 115.9 Subd. 2. Appointing authority; powers and duties. Election judges for precincts 115.10in a municipality shall be appointed by the governing body of the municipality. Election 115.11judges for precincts in unorganized territory and for performing election-related duties 115.12assigned by the county auditor shall be appointed by the county board. Election judges for 115.13a precinct composed of two or more municipalities must be appointed by the governing 115.14body of the municipality or municipalities responsible for appointing election judges as 115.15provided in the agreement to combine for election purposes. Appointments 115.16made from lists furnished pursuant to subdivision 1 subject to the eligibility requirements 115.17and other qualifications established or authorized under section 115.18election judges in each precinct must be affiliated with different major political parties. If 115.19no lists have been furnished or if additional election judges are required 115.20 115.21 115.22who meet the qualifications to serve as an election judge, including persons who are not 115.23affiliated with a major political party. The appointments shall be made at least 25 days 115.24before the election at which the election judges will serve. 115.25 Sec. 43. [204B.445] VOTER COMPLAINT AND RESOLUTION PROCESS. 115.26 Subdivision 1. Scope. An eligible voter may file a complaint to seek the resolution 115.27of any of the following conditions that have occurred or are about to occur: 115.28 (1) voter records in the statewide registration system are not maintained by the 115.29secretary of state or a county auditor in the manner provided in chapter 201; 115.30 (2) voters are unable to register to vote in the manner provided by section 201.061; 115.31 (3) a voting system, including an electronic ballot marker, meeting the requirements 115.32of section 206.80 is not available for use by voters either casting an absentee ballot in 115.33person at the locations designated by the county auditor or local election official, or for 115.34voting at any polling place on election day; or 116.1 (4) the secretary of state, county auditor, or local election official has failed, is 116.2failing, or is about to fail to carry out a duty required by Title III of the Help America 116.3Vote Act of 2002. 116.4 A complaint against a municipal or school district clerk must be filed with the county 116.5auditor of the county in which the action has occurred or is about to occur. A complaint 116.6against a county auditor must be filed with the secretary of state. A complaint against the 116.7secretary of state must be filed with the Office of Administrative Hearings. The secretary 116.8of state shall provide a standard form for a complaint under this section. The form must 116.9provide space for the complainant to specify the legal basis for the complaint. The 116.10proceedings authorized by this section are not subject to the requirements of chapter 14. 116.11 Subd. 2. Notice of complaint. The official with whom the complaint is filed must, 116.12within seven days after the complaint was filed, provide written notice of the complaint, 116.13including a copy of the complaint, to the official against whom the complaint has been 116.14made. 116.15 Subd. 3. Response. Within 14 days after the notice of complaint is received, the 116.16official complained against must respond in writing to the complainant and state the 116.17manner in which the respondent proposes to resolve the complaint. 116.18 Subd. 4. Hearing. If the complainant believes the response does not resolve the 116.19complaint, the complainant may file, with the official with whom the complaint was filed, 116.20a request for a hearing. The request must state the objection to the response and propose 116.21to resolve the complaint in a way that is consistent with the Minnesota Election Law. If 116.22the complainant makes a request for hearing, a hearing must take place. The official with 116.23whom the complaint was filed must rule on the complaint within 14 days after the hearing. 116.24 Subd. 5. Timeline. A ruling on a complaint must be made no more than 90 days 116.25after the complaint was filed. If the official with whom the complaint was filed fails to 116.26make that ruling within 90 days after the complaint was filed, that official must provide 116.27alternative dispute resolution for the disposition of the complaint. The alternative dispute 116.28resolution process must be completed within 60 days of its commencement. 116.29 Subd. 6. Appeal. No later than 30 days after the ruling, the complainant may appeal 116.30the ruling. If the complaint was filed against a municipal clerk, school district clerk, or 116.31county auditor, the appeal must be filed with the secretary of state. If the complaint was 116.32filed against the secretary of state, the appeal must be filed with the Ramsey County 116.33District Court. The appeal must be heard within 14 days. Upon hearing the appeal, the 116.34secretary of state or district court may affirm, reverse, or modify the ruling and give 116.35appropriate instructions, as needed, to the secretary of state, county auditor, or local 116.36election official to resolve the complaint. 117.1 Subd. 7. Remedies; notice. If the official rules that there has been a violation of 117.2Title III of the Help America Vote Act of 2002, the official must provide an appropriate 117.3remedy. If the official rules that there has not been a violation, the complaint must be 117.4dismissed and the results of the process published by the official. 117.5EFFECTIVE DATE.This section is effective January 1, 2008. 117.6 Sec. 44. Minnesota Statutes 2006, section 204B.45, subdivision 2, is amended to read: 117.7 Subd. 2. Procedure. Notice of the election and the special mail procedure must be 117.8given at least six weeks prior to the election. 117.9later than 14 days prior to the election, the auditor shall mail ballots by nonforwardable 117.10mail to all voters registered in the town or unorganized territory. No later than 14 days 117.11before the election, the auditor must make a subsequent mailing of ballots to those voters 117.12who register to vote after the initial mailing but before the 20th day before the election. 117.13Eligible voters not registered at the time the ballots are mailed may apply for ballots as 117.14provided in chapter 203B. Ballot return envelopes, with return postage provided, must be 117.15preaddressed to the auditor or clerk and the voter may return the ballot by mail or in person 117.16to the office of the auditor or clerk. The auditor or clerk may appoint election judges to 117.17examine the return envelopes and mark them "accepted" or "rejected" during the 30 days 117.18before the election. If an envelope has been rejected at least five days before the election, 117.19the ballots in the envelope must be considered spoiled ballots and the auditor or clerk shall 117.20provide the voter with a replacement ballot and return envelope in place of the spoiled 117.21ballot. The costs of the mailing shall be paid by the election jurisdiction in which the voter 117.22resides. Any ballot received by 8:00 p.m. on the day of the election must be counted. 117.23 Sec. 45. Minnesota Statutes 2006, section 204C.06, subdivision 1, is amended to read: 117.24 Subdivision 1. Lingering near polling place. An individual shall be allowed to go 117.25to and from the polling place for the purpose of voting without unlawful interference. No 117.26one except an election official or an individual who is waiting to register or to vote shall 117.27stand within 100 feet of the 117.28 117.29building in which a polling place is located. 117.30 Sec. 46. Minnesota Statutes 2006, section 204C.07, subdivision 3a, is amended to read: 117.31 Subd. 3a. Residence requirement. A challenger must be a resident of this state. 117.32Appointed challengers seeking admission to a polling place to serve in that capacity must 117.33prove their status as a resident of this state by presenting one of the documents listed in 118.1section 201.061, subdivision 3, paragraph (b), clauses (1) to (4). Challengers need not 118.2prove residence in the precinct in which they seek to act as a challenger. 118.3 Sec. 47. Minnesota Statutes 2006, section 204C.07, is amended by adding a 118.4subdivision to read: 118.5 Subd. 3b. Oath to obey the law. A challenger must state under oath that the 118.6challenger understands and will abide by the laws and rules governing challengers as 118.7described in this section and in section 204C.12 and governing challenges to voters as 118.8described in section 204C.12. 118.9 Sec. 48. Minnesota Statutes 2006, section 205.075, is amended by adding a subdivision 118.10to read: 118.11 Subd. 4. Election judges; party balance. The provisions of sections 204B.19, 118.12subdivision 5; 204B.21, subdivision 2; 204C.15; 204C.19; 206.83; and 206.86, subdivision 118.132, relating to party balance in the appointment of judges and to duties to be performed 118.14by judges of different major political parties do not apply to a town election not held 118.15in conjunction with a statewide election. 118.16 Sec. 49. Minnesota Statutes 2006, section 205.10, is amended by adding a subdivision 118.17to read: 118.18 Subd. 6. Cancellation. A special election ordered by the governing body of the 118.19municipality on its own motion under subdivision 1 may be canceled by motion of the 118.20governing body, but not less than 46 days before the election. 118.21 Sec. 50. Minnesota Statutes 2006, section 205.13, is amended by adding a subdivision 118.22to read: 118.23 Subd. 7. Write-in candidates. A candidate for a city office who wants write-in 118.24votes for the candidate to be counted must file a written request with the filing officer for 118.25the office sought no later than the seventh day before the general election. The filing 118.26officer must provide copies of the form to make the request. 118.27 Sec. 51. Minnesota Statutes 2006, section 205.16, subdivision 4, is amended to read: 118.28 Subd. 4. Notice to auditor. At least 53 days prior to every municipal election, the 118.29municipal clerk shall provide a written notice to the county auditor, including the date of 118.30the election, the offices to be voted on at the election, and the title and language for each 118.31ballot question to be voted on at the election. Not less than 46 days before the election, the 119.1municipal clerk must provide written notice to the county auditor of any special election 119.2canceled under section 205.10, subdivision 6. 119.3 Sec. 52. Minnesota Statutes 2006, section 205A.05, is amended by adding a 119.4subdivision to read: 119.5 Subd. 3. Cancellation. A special election ordered by the school board on its own 119.6motion under subdivision 1 may be canceled by motion of the school board, but not less 119.7than 46 days before the election. 119.8 Sec. 53. Minnesota Statutes 2006, section 205A.07, subdivision 3, is amended to read: 119.9 Subd. 3. Notice to auditor. At least 53 days prior to every school district election, 119.10the school district clerk shall provide a written notice to the county auditor of each county 119.11in which the school district is located. The notice must include the date of the election, the 119.12offices to be voted on at the election, and the title and language for each ballot question to 119.13be voted on at the election. For the purposes of meeting the timelines of this section, in 119.14a bond election, a notice, including a proposed question, may be provided to the county 119.15auditor prior to receipt of a review and comment from the commissioner of education and 119.16prior to actual initiation of the election. Not less than 46 days before the election, the 119.17school district clerk must provide written notice to the county auditor of any special 119.18election canceled under section 205A.05, subdivision 3. 119.19 Sec. 54. Minnesota Statutes 2006, section 205A.07, subdivision 3a, is amended to read: 119.20 Subd. 3a. Notice to commissioner of education. At least 49 days prior to every 119.21school district election, under section 119.22the school district clerk shall provide a written notice to the commissioner of education. 119.23The notice must include the date of the election and the title and language for each ballot 119.24question to be voted on at the election. Not less than 46 days before the election, the 119.25school district clerk must provide a written notice to the commissioner of education of 119.26any special election canceled under section 205A.05, subdivision 3. The certified vote 119.27totals for each ballot question shall be provided in a written notice to the commissioner 119.28in a timely manner. 119.29 Sec. 55. Minnesota Statutes 2006, section 205A.10, subdivision 2, is amended to read: 119.30 Subd. 2. Election, conduct. A school district election must be by secret ballot and 119.31must be held and the returns made in the manner provided for the state general election, as 119.32far as practicable. The vote totals from an absentee ballot board established pursuant to 120.1section 120.2than by precinct. For school district elections not held in conjunction with a statewide 120.3election, the school board shall appoint election judges as provided in section 120.4subdivision 2 120.5204C.15 120.6party balance in appointment of judges and to duties to be performed by judges of different 120.7major political parties do not apply to school district elections not held in conjunction 120.8with a statewide election. 120.9 Sec. 56. Minnesota Statutes 2006, section 206.57, subdivision 5, is amended to read: 120.10 Subd. 5. Voting system for disabled voters. In federal and state elections held after 120.11December 31, 2005, 120.12December 31, 2007, and in township elections held after December 31, 2009, the voting 120.13method used in each polling place must include a voting system that is accessible for 120.14individuals with disabilities, including nonvisual accessibility for the blind and visually 120.15impaired in a manner that provides the same opportunity for access and participation, 120.16including privacy and independence, as for other voters. 120.17 Sec. 57. Minnesota Statutes 2006, section 206.89, subdivision 1, is amended to read: 120.18 Subdivision 1. Definition. For purposes of this section "postelection review official" 120.19means the 120.20 120.21auditor designates the municipal clerk as the "postelection review official" within 24 hours 120.22after the canvass of the state general election. 120.23 Sec. 58. Minnesota Statutes 2006, section 206.89, subdivision 5, is amended to read: 120.24 Subd. 5. Additional review. (a) If the postelection review in one of the reviewed 120.25precincts reveals a difference greater than one-half of one percent, or greater than two 120.26votes in a precinct where 400 or fewer voters cast ballots, the postelection review official 120.27must, within two days, conduct an additional review of the races indicated in subdivision 3 120.28in at least three precincts in the same jurisdiction where the discrepancy was discovered. If 120.29all precincts in that jurisdiction have been reviewed, the county auditor must immediately 120.30publicly select by lot at least three additional precincts for review. The postelection review 120.31official must complete the additional review within two days after the precincts are 120.32selected and report the results immediately to the county auditor. If the second review in 120.33any of the reviewed precincts also indicates a difference in the vote totals compiled by the 121.1voting system that is greater than one-half of one percent from the result indicated by the 121.2postelection review, or greater than two votes in a precinct where 400 or fewer voters cast 121.3ballots, the county auditor must conduct a review of the ballots from all the remaining 121.4precincts in the county for the races indicated in subdivision 3. This review must be 121.5completed no later than six weeks after the state general election. 121.6 (b) If the results from the countywide reviews from one or more counties comprising 121.7in the aggregate more than ten percent of the total number of persons voting in the election 121.8clearly indicate that an error in vote counting has occurred, the postelection review official 121.9must conduct a manual recount of all the ballots in the district for the affected office. The 121.10recount must be completed and the results reported to the appropriate canvassing board no 121.11later than ten weeks after the state general election. 121.12 Sec. 59. Minnesota Statutes 2006, section 211A.02, subdivision 2, is amended to read: 121.13 Subd. 2. Information required. The report to be filed by a candidate or committee 121.14must include: 121.15 (1) the name of the candidate or ballot question; 121.16 (2) the printed name 121.17if available, of the person responsible for filing the report; 121.18 (3) the total amount of receipts and expenditures for the period from the last previous 121.19report to five days before the current report is due; 121.20 (4) the amount, date, and purpose for each expenditure; and 121.21 (5) the name, address, and employer, or occupation if self-employed, of any 121.22individual or committee that during the year has made one or more contributions that 121.23in the aggregate 121.24each contribution. 121.25The filing officer must restrict public access to the address of any individual who has 121.26made a contribution that exceeds $100 and who has filed with the filing officer a written 121.27statement signed by the individual that withholding the individual's address from the 121.28financial report is required for the safety of the individual or the individual's family. 121.29 Sec. 60. Minnesota Statutes 2006, section 211A.05, subdivision 1, is amended to read: 121.30 Subdivision 1. Penalty. A candidate who intentionally fails to file a report required 121.31by section 121.32The treasurer of a committee formed to promote or defeat a ballot question who 121.33intentionally fails to file a report required by section 121.34by this section is guilty of a misdemeanor. Each candidate or treasurer of a committee 122.1formed to promote or defeat a ballot question shall certify to the filing officer that all 122.2reports required by section 122.3candidate or committee has not received contributions or made disbursements exceeding 122.4$750 in the calendar year. The certification shall be submitted to the filing officer no 122.5later than seven days after the general or special election. The secretary of state shall 122.6prepare blanks for this certification. An officer who issues a certificate of election to a 122.7candidate who has not certified that all reports required by section 122.8filed is guilty of a misdemeanor. 122.9 Sec. 61. Minnesota Statutes 2006, section 325L.03, is amended to read: 122.10325L.03 SCOPE. 122.11 (a) Except as otherwise provided in paragraphs (b) and (e), this chapter applies to 122.12electronic records and electronic signatures relating to a transaction. 122.13 (b) This chapter does not apply to a transaction to the extent it is governed by: 122.14 (1) the Uniform Commercial Code other than section 122.15article 2A; and 122.16 (2) section 122.17care directive; section 122.18power of attorney, or other instrument affecting real estate; section 122.193 122.20section 122.21preferences or instructions regarding intrusive mental health treatment. 122.22 (c) This chapter applies to an electronic record or electronic signature otherwise 122.23excluded from the application of this chapter under paragraph (b) to the extent it is 122.24governed by a law other than those specified in paragraph (b). 122.25 (d) A transaction subject to this chapter is also subject to other applicable substantive 122.26law. 122.27 (e) This chapter does not apply to the creation and execution of wills, codicils, or 122.28trusts other than trusts relating to the conduct of business, commercial, or governmental 122.29purposes. 122.30 (f) Except as provided in section 204B.09, subdivision 1a, this chapter does not 122.31apply to affidavits of candidacy relating to the conduct of elections. 122.32 Sec. 62. Minnesota Statutes 2006, section 375.101, subdivision 1, is amended to read: 122.33 Subdivision 1. Option for filling vacancies; election in 30 to 122.34as provided in subdivision 3, a vacancy in the office of county commissioner 123.1filled as provided in this subdivision and subdivision 2, or as provided in subdivision 4. If 123.2the vacancy is to be filled under this subdivision and subdivision 2, it must be filled at a 123.3special election not less than 30 nor more than 123.4special primary or special election may be held on the same day as a regular primary or 123.5regular election but the special election shall be held not less than 14 days after the special 123.6primary. The person elected at the special election shall take office immediately after 123.7receipt of the certificate of election and upon filing the bond and taking the oath of office 123.8and shall serve the remainder of the unexpired term. If the county has been reapportioned 123.9since the commencement of the term of the vacant office, the election shall be based 123.10on the district as reapportioned. 123.11EFFECTIVE DATE.This section is effective the day following final enactment. 123.12 Sec. 63. Minnesota Statutes 2006, section 375.101, is amended by adding a subdivision 123.13to read: 123.14 Subd. 4. Option for filling vacancies; appointment. Except as provided in 123.15subdivision 3, and as an alternative to the procedure provided in subdivisions 1 and 2, any 123.16other vacancy in the office of county commissioner may be filled by board appointment at 123.17a regular or special meeting. The appointment shall be evidenced by a resolution entered 123.18in the minutes and shall continue until an election is held under this subdivision. All 123.19elections to fill vacancies shall be for the unexpired term. If the vacancy occurs before the 123.20first day to file affidavits of candidacy for the next county general election and more than 123.21two years remain in the unexpired term, a special election shall be held in conjunction 123.22with the county general election. The appointed person shall serve until the qualification 123.23of the successor elected to fill the unexpired part of the term at that special election. If the 123.24vacancy occurs on or after the first day to file affidavits of candidacy for the county general 123.25election, or when less than two years remain in the unexpired term, there shall be no special 123.26election to fill the vacancy and the appointed person shall serve the remainder of the 123.27unexpired term and until a successor is elected and qualifies at the county general election. 123.28EFFECTIVE DATE.This section is effective the day following final enactment. 123.29 Sec. 64. Minnesota Statutes 2006, section 410.12, subdivision 1, is amended to read: 123.30 Subdivision 1. Proposals. The charter commission may propose amendments to 123.31such charter and shall do so upon the petition of voters equal in number to five percent of 123.32the total votes cast at the last previous state general election in the city. Proposed charter 123.33amendments must be submitted at least 12 weeks before the general election. Petitions 124.1may be signed no earlier than 26 weeks before the general election. Only registered 124.2voters are eligible to sign the petition. All petitions circulated with respect to a charter 124.3amendment shall be uniform in character and shall have attached thereto the text of the 124.4proposed amendment in full; except that in the case of a proposed amendment containing 124.5more than 1,000 words, a true and correct copy of the same may be filed with the city 124.6clerk, and the petition shall then contain a summary of not less than 50 nor more than 300 124.7words setting forth in substance the nature of the proposed amendment. Such summary 124.8shall contain a statement of the objects and purposes of the amendment proposed and an 124.9outline of any proposed new scheme or frame work of government and shall be sufficient 124.10to inform the signers of the petition as to what change in government is sought to be 124.11accomplished by the amendment. The summary, together with a copy of the proposed 124.12amendment, shall first be submitted to the charter commission for its approval as to form 124.13and substance. The commission shall within ten days after such submission to it, return 124.14the same to the proposers of the amendment with such modifications in statement as it 124.15may deem necessary in order that the summary may fairly comply with the requirements 124.16above set forth. 124.17 Sec. 65. Minnesota Statutes 2006, section 447.32, subdivision 4, is amended to read: 124.18 Subd. 4. Candidates; ballots; certifying election. A person who wants to be a 124.19candidate for the hospital board shall file an affidavit of candidacy for the election either 124.20as member at large or as a member representing the city or town where the candidate 124.21resides. The affidavit of candidacy must be filed with the city or town clerk not more than 124.2270 days nor less than 56 days before the first Tuesday after the first Monday in November 124.23of the year in which the general election is held. The city or town clerk must forward the 124.24affidavits of candidacy to the clerk of the hospital district or, for the first election, the clerk 124.25of the most populous city or town immediately after the last day of the filing period. A 124.26candidate may withdraw from the election by filing an affidavit of withdrawal with the 124.27clerk of the district no later than 5:00 p.m. two days after the last day to file affidavits 124.28of candidacy. A candidate for a hospital district office who wants write-in votes for the 124.29candidate to be counted must file a written request with the filing officer for the office 124.30sought no later than the seventh day before the general election. The filing officer must 124.31provide copies of the form to make the request. 124.32 Voting must be by secret ballot. The clerk shall prepare, at the expense of the 124.33district, necessary ballots for the election of officers. Ballots must be printed on tan paper 124.34and prepared as provided in the rules of the secretary of state. The ballots must be marked 124.35and initialed by at least two judges as official ballots and used exclusively at the election. 125.1Any proposition to be voted on may be printed on the ballot provided for the election 125.2of officers. The hospital board may also authorize the use of voting systems subject to 125.3chapter 206. Enough election judges may be appointed to receive the votes at each 125.4polling place. The election judges shall act as clerks of election, count the ballots cast, 125.5and submit them to the board for canvass. 125.6 After canvassing the election, the board shall issue a certificate of election to the 125.7candidate who received the largest number of votes cast for each office. The clerk shall 125.8deliver the certificate to the person entitled to it in person or by certified mail. Each person 125.9certified shall file an acceptance and oath of office in writing with the clerk within 30 125.10days after the date of delivery or mailing of the certificate. The board may fill any office 125.11as provided in subdivision 1 if the person elected fails to qualify within 30 days, but 125.12qualification is effective if made before the board acts to fill the vacancy. 125.13 Sec. 66. REPEALER. 125.14(a) Minnesota Statutes 2006, sections 201.061, subdivision 7; 201.096; 203B.02, 125.15subdivision 1a; and 203B.13, subdivision 3a, are repealed. 125.16(b) Minnesota Statutes 2006, sections 203B.04, subdivision 5; and 203B.16, 125.17subdivision 3, are repealed effective April 1, 2008. 125.18(c) Minnesota Statutes 2006, section 200.04, is repealed effective January 1, 2008. 125.21 Section 1. Minnesota Statutes 2006, section 103C.305, subdivision 3, is amended to 125.22read: 125.23 Subd. 3. Ballots. Ballots shall be prepared by the county auditor. The names of 125.24candidates shall be placed on the "canary ballot" described in section 125.253 125.26District Supervisor" or "Conservation District Supervisor," based upon the district from 125.27which the supervisor is to be elected. 125.28 Sec. 2. Minnesota Statutes 2006, section 201.054, subdivision 1, is amended to read: 125.29 Subdivision 1. Registration. An individual may register to vote: 125.30 (1) at any time before the 20th day preceding any election as provided in section 125.32 (2) on the day of an election as provided in section 126.1 (3) when submitting an absentee ballot, by enclosing a completed registration 126.2application as provided in section 126.3 Sec. 3. Minnesota Statutes 2006, section 201.061, subdivision 4, is amended to read: 126.4 Subd. 4. Registration by election judges; procedures. Registration at the polling 126.5place on election day shall be conducted by the election judges. The election judge who 126.6registers an individual at the polling place on election day shall not handle that voter's 126.7ballots at any time prior to the opening of the ballot box after the voting ends. Registration 126.8 126.9individual who registers on election day proves residence by oath of a registered voter, the 126.10form containing the oath shall be attached to the individual's registration 126.11Registration 126.12county auditor who shall add the name of each voter to the registration system unless the 126.13information forwarded is substantially deficient. A county auditor who finds an election 126.14day registration substantially deficient shall give written notice to the individual whose 126.15registration is found deficient. An election day registration shall not be found deficient 126.16solely because the individual who provided proof of residence was ineligible to do so. 126.17 Sec. 4. Minnesota Statutes 2006, section 201.071, subdivision 3, is amended to read: 126.18 Subd. 3. Deficient registration. No voter registration application is deficient if it 126.19contains the voter's name, address, date of birth, current and valid Minnesota driver's 126.20license number or Minnesota state identification number, or if the voter has no current and 126.21valid Minnesota driver's license or Minnesota state identification number, the last four 126.22digits of the voter's Social Security number, if the voter has been issued a Social Security 126.23number, prior registration, if any, and signature. The absence of a zip code number does 126.24not cause the registration to be deficient. Failure to check a box on an application form 126.25that a voter has certified to be true does not cause the registration to be deficient. The 126.26election judges shall request an individual to correct a voter registration application if it is 126.27deficient or illegible 126.28 126.29registration application is deficient or the voter is duly and successfully challenged in 126.30accordance with section 126.31 A voter registration application accepted prior to August 1, 1983, is not deficient 126.32for lack of date of birth. The county or municipality may attempt to obtain the date of 126.33birth for a voter registration application accepted prior to August 1, 1983, by a request to 127.1the voter at any time except at the polling place. Failure by the voter to comply with this 127.2request does not make the registration deficient. 127.3 A voter registration application accepted before January 1, 2004, is not deficient for 127.4lack of a valid Minnesota driver's license or state identification number or the last four 127.5digits of a Social Security number. A voter registration application submitted by a voter 127.6who does not have a Minnesota driver's license or state identification number, or a Social 127.7Security number, is not deficient for lack of any of these numbers. 127.8 Sec. 5. Minnesota Statutes 2006, section 201.071, subdivision 4, is amended to read: 127.9 Subd. 4. Change of registration. 127.10 127.11county in Minnesota shall 127.12record electronically through the statewide registration system in the manner prescribed 127.13 127.14 127.15 127.16 127.17 127.18subdivision as a result of an election day registration shall also check the statewide 127.19registration system to determine whether the individual voted in more than one precinct in 127.20the most recent election. 127.21 Sec. 6. Minnesota Statutes 2006, section 201.081, is amended to read: 127.22201.081 REGISTRATION FILES. 127.23 The statewide registration system is the official record of registered voters. The 127.24voter registration 127.25registration system must be under the control of the county auditor or the public official to 127.26whom the county auditor has delegated the responsibility for maintaining voter registration 127.27records. The voter registration 127.28statewide registration system must not be removed from the control of the county auditor 127.29except as provided in this subdivision. The county auditor may make photographic copies 127.30of voter registration 127.31 A properly completed voter registration 127.32the secretary of state or a county auditor must be maintained by the secretary of state or 127.33the county auditor for at least 22 months after the date that the information on the 127.34application is entered into the database of the statewide registration system. The secretary 128.1of state or the county auditor may dispose of the 128.2months in the manner provided by section 128.3 Sec. 7. Minnesota Statutes 2006, section 201.091, subdivision 1, is amended to read: 128.4 Subdivision 1. Master list. Each county auditor shall prepare and maintain a 128.5current list of registered voters in each precinct in the county which is known as the 128.6master list. The master list must be created by entering each completed voter registration 128.7 128.8must show the name, residence address, and date of birth of each voter registered in 128.9the precinct. The information contained in the master list may only be made available 128.10to public officials for purposes related to election administration, jury selection, and in 128.11response to a law enforcement inquiry concerning a violation of or failure to comply with 128.12any criminal statute or state or local tax statute. 128.13 Sec. 8. Minnesota Statutes 2006, section 201.091, subdivision 8, is amended to read: 128.14 Subd. 8. Registration places. Each county auditor shall designate a number of 128.15public buildings in those political subdivisions of the county where preregistration of 128.16voters is allowed as provided in section 128.17register to vote. At least one public building must be designated for each 30,000 residents 128.18of the county. At least one telecommunications device for the deaf must be available for 128.19voter registration information in each county seat and in every city of the first, second, 128.20and third class. 128.21 An adequate supply of registration 128.22maintained at each designated location, and a designated individual must be available 128.23there to accept registration 128.24 A person who, because of disability, needs assistance in order to determine eligibility 128.25or to register must be assisted by a designated individual. Assistance includes but is not 128.26limited to reading the registration form and instructions and filling out the registration 128.27form as directed by the eligible voter. 128.28 Sec. 9. Minnesota Statutes 2006, section 201.27, subdivision 1, is amended to read: 128.29 Subdivision 1. Intentional violation. No officer, deputy, clerk, or other employee 128.30shall intentionally: 128.31 (1) fail to perform or enforce any of the provisions of this chapter except subdivision 128.322; 129.1 (2) remove a registration 129.2registration files in a manner or for a purpose not authorized by law; 129.3 (3) destroy or make an unauthorized change to a record required to be kept by 129.4this chapter; or 129.5 (4) add a name or names to the voter registration files, records, or 129.6except as authorized by law. 129.7 An individual who violates this subdivision is guilty of a felony. 129.8 Sec. 10. Minnesota Statutes 2006, section 203B.04, subdivision 1, is amended to read: 129.9 Subdivision 1. Application procedures. Except as otherwise allowed by 129.10subdivision 2 or by section 203B.11, subdivision 4, an application for absentee ballots 129.11for any election may be submitted at any time not less than one day before the day of 129.12that election. The county auditor shall prepare absentee ballot application forms in the 129.13format provided by the secretary of state, notwithstanding rules on absentee ballot forms, 129.14and shall furnish them to any person on request. By January 1 of each even-numbered 129.15year, the secretary of state shall make the forms to be used available to auditors through 129.16electronic means. An application submitted pursuant to this subdivision shall be in writing 129.17and shall be submitted to: 129.18 (a) the county auditor of the county where the applicant maintains residence; or 129.19 (b) the municipal clerk of the municipality, or school district if applicable, where 129.20the applicant maintains residence. 129.21 An application shall be approved if it is timely received, signed and dated by the 129.22applicant, contains the applicant's name and residence and mailing addresses, and states 129.23that the applicant is eligible to vote by absentee ballot for one of the reasons specified in 129.24section 129.25must not be made available for public inspection. An application may be submitted to 129.26the county auditor or municipal clerk by an electronic facsimile device. An application 129.27mailed or returned in person to the county auditor or municipal clerk on behalf of a voter 129.28by a person other than the voter must be deposited in the mail or returned in person to 129.29the county auditor or municipal clerk within ten days after it has been dated by the voter 129.30and no later than six days before the election. The absentee ballot applications or a list of 129.31persons applying for an absentee ballot may not be made available for public inspection 129.32until the close of voting on election day. 129.33 An application under this subdivision may contain an application under subdivision 129.345 to automatically receive an absentee ballot application. 130.1 Sec. 11. Minnesota Statutes 2006, section 203B.04, subdivision 4, is amended to read: 130.2 Subd. 4. Registration at time of application. An eligible voter who is not 130.3registered to vote but who is otherwise eligible to vote by absentee ballot may register by 130.4including a completed voter registration 130.5individual shall present proof of residence as required by section 130.63 130.7as defined in section 130.9 Sec. 12. Minnesota Statutes 2006, section 203B.05, subdivision 2, is amended to read: 130.10 Subd. 2. City, school district, and town elections. For city, town, and school 130.11district elections not held on the same day as a statewide election, 130.12 130.13 130.14filed with the city, school district, or town clerk and the duties prescribed by this chapter for 130.15the county auditor shall be performed by the city, school district, or town clerk unless the 130.16county auditor agrees to perform those duties on behalf of the city, school district, or town 130.17clerk. The costs incurred to provide absentee ballots and perform the duties prescribed by 130.18this subdivision shall be paid by the city, town, or school district holding the election. 130.19 Notwithstanding any other law, this chapter applies to school district elections held 130.20on the same day as a statewide election or an election for a county or municipality wholly 130.21or partially within the school district. 130.22 Sec. 13. Minnesota Statutes 2006, section 203B.07, subdivision 1, is amended to read: 130.23 Subdivision 1. Delivery of envelopes, directions. The county auditor or the 130.24municipal clerk shall prepare, print, and transmit a return envelope, a ballot envelope, and 130.25a copy of the directions for casting an absentee ballot to each applicant whose application 130.26for absentee ballots is accepted pursuant to section 130.27an absentee ballot shall be printed in at least 14-point bold type with heavy leading and 130.28may be printed on the ballot envelope. When a person requests the directions in Braille 130.29or on cassette tape, the county auditor or municipal clerk shall provide them in the form 130.30requested. The secretary of state shall prepare Braille and cassette copies and make them 130.31available. 130.32 When a voter registration 130.33section 130.34instructions for registering to vote. 131.1 Sec. 14. Minnesota Statutes 2006, section 203B.08, subdivision 3, is amended to read: 131.2 Subd. 3. Procedures on receipt of ballots. When absentee ballots are returned to a 131.3county auditor or municipal clerk, that official shall stamp or initial and date the return 131.4envelope 131.5return envelopes received by that office. The county auditor or municipal clerk shall 131.6deliver to the appropriate election judges on election day all ballots received before or 131.7with the last mail delivery by the United States Postal Service on election day. A town 131.8clerk may request the United States Postal Service to deliver absentee ballots to the polling 131.9place on election day instead of to the official address of the town clerk. 131.10 Sec. 15. Minnesota Statutes 2006, section 203B.10, is amended to read: 131.11203B.10 DELIVERY OF ABSENTEE BALLOT APPLICATIONS TO 131.12ELECTION JUDGES. 131.13 (a) On the day before an election: 131.14 131.15the applications for absentee ballots theretofore received and endorsed as provided in 131.16section 131.17 131.18auditor and the applications for absentee ballots filed with their respective offices and 131.19endorsed as provided in section 131.20judges. Applications received on election day pursuant to section 131.212 131.22an absentee ballot board. 131.23 (b) Delivery of the applications to the municipal clerks and election judges in the 131.24precinct is not required if the absentee ballot envelopes have been accepted or rejected 131.25by an absentee ballot board pursuant to section 203B.13. 131.26 Sec. 16. Minnesota Statutes 2006, section 204B.06, subdivision 8, is amended to read: 131.27 Subd. 8. Proof of eligibility. A candidate for judicial office or for the office of 131.28county attorney shall submit with the affidavit of candidacy proof that the candidate is 131.29licensed to practice law in this state. Proof means providing a copy of a current attorney 131.30license. 131.31 A candidate for county sheriff shall submit with the affidavit of candidacy proof of 131.32licensure as a peace officer in this state. Proof means providing a copy of a current Peace 131.33Officer Standards and Training Board license. 132.1 Sec. 17. Minnesota Statutes 2006, section 204B.08, subdivision 3, is amended to read: 132.2 Subd. 3. Number of signatures. The number of signatures required on a 132.3nominating petition shall be as follows: 132.4 (a) for a federal or state office voted on statewide 132.5percent of the total number of individuals voting in the state at the last preceding state 132.6general election, or 2,000, whichever is less; 132.7 (b) for a congressional office, five percent of the total number of individuals voting 132.8in the district at the last preceding state general election, or 1,000, whichever is less; 132.9 (c) for a county or legislative office, ten percent of the total number of individuals 132.10voting in the county or legislative district at the last preceding state or county general 132.11election, or 500, whichever is less; 132.12 (d) for a municipal office in a city of the first class, the number specified in section 132.14 (e) for any other municipal or school district office, ten percent of the total number 132.15of individuals voting in the municipality, ward, school district, or other election district 132.16at the last preceding municipal, or school district if applicable, general election, or 500, 132.17whichever is less. 132.18 Sec. 18. Minnesota Statutes 2006, section 205A.10, subdivision 1, is amended to read: 132.19 Subdivision 1. Materials, ballots. The school district clerk shall prepare and have 132.20printed the necessary election materials, including ballots, for a school district election. 132.21The 132.22 132.23 132.24 132.25manner provided in section 204D.08, subdivision 3, for state elections. 132.26 Sec. 19. Minnesota Statutes 2006, section 205A.11, subdivision 2, is amended to read: 132.27 Subd. 2. Combined polling place. When no other election is being held in two or 132.28more precincts on the day of a school district election, the school board may designate 132.29one or more combined polling places at which the voters in those precincts may vote in 132.30the school district election. In school districts that have organized into separate board 132.31member election districts under section 205A.12, a combined polling place for a school 132.32general election must be arranged so that it does not include more than one board member 132.33election district. 133.1 Sec. 20. Minnesota Statutes 2006, section 206.82, subdivision 2, is amended to read: 133.2 Subd. 2. Plan. 133.3where an electronic voting system is used and the county auditor of a county in which an 133.4electronic voting system is used in more than one municipality and the county auditor of 133.5a county in which a counting center serving more than one municipality is located shall 133.6prepare a plan which indicates acquisition of sufficient facilities, computer time, and 133.7professional services and which describes the proposed manner of complying with section 133.9than 60 days before the first election at which the municipality uses an electronic voting 133.10system. Prior to July 1 of each subsequent general election year, the clerk or auditor 133.11shall submit to the secretary of state notification of any changes to the plan on file with 133.12the secretary of state. The secretary of state shall review each plan for its sufficiency and 133.13may request technical assistance from the Department of Administration or other agency 133.14which may be operating as the central computer authority. The secretary of state shall 133.15notify each reporting authority of the sufficiency or insufficiency of its plan within 20 days 133.16of receipt of the plan. The attorney general, upon request of the secretary of state, may 133.17seek a district court order requiring an election official to fulfill duties imposed by this 133.18subdivision or by rules promulgated pursuant to this section. 133.19 133.20 133.21 133.22 133.23 133.24 Sec. 21. Laws 2004, chapter 293, article 1, section 37, subdivision 2, is amended to 133.25read: 133.26 Subd. 2. Social security number. A voter must not be included on the list of voters 133.27prepared under Minnesota Statutes, section 133.28incomplete because of a failure to match the last four digits of the voter's Social Security 133.29number until the commissioner of public safety has: 133.30 (1) entered into an agreement with the commissioner of the Social Security 133.31Administration under Minnesota Statutes, section 133.32four digits of a Social Security number to verify voter registration information; 133.33 133.34 133.35 134.1 134.2has been tested and shown to properly verify the last four digits of a voter's Social 134.3Security number. 134.4EFFECTIVE DATE.This section is effective the day following final enactment.
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