1.1    .................... moves to amend H. F. No. 953 as follows:
1.2Delete everything after the enacting clause and insert:

1.3"ARTICLE 1
1.4STATE GOVERNMENT APPROPRIATIONS

1.5
 Section 1. STATE GOVERNMENT APPROPRIATIONS.
1.6    The sums shown in the columns marked "appropriations" are appropriated to the
1.7agencies and for the purposes specified in this article. The appropriations are from the
1.8general fund, or another named fund, and are available for the fiscal years indicated
1.9for each purpose. The figures "2008" and "2009" used in this article mean that the
1.10appropriations listed under them are available for the fiscal year ending June 30, 2008, or
1.11June 30, 2009, respectively. "The first year" is fiscal year 2008. "The second year" is fiscal
1.12year 2009. "The biennium" is fiscal years 2008 and 2009.
1.13
 APPROPRIATIONS
1.14
 Available for the Year
1.15
 Ending June 30
1.16
 2008
 2009

1.17
 Sec. 2. LEGISLATURE
1.18
 Subdivision 1. Total Appropriation
 $
 68,671,000
 $
 69,043,000
1.19
 Appropriations by Fund
1.20
 2008
 2009
1.21
 General
 68,493,000
 68,865,000
1.22
 Health Care Access
178,000
178,000
1.23The amounts that may be spent for each
1.24purpose are specified in the following
1.25subdivisions.
1.26
 Subd. 2.Senate
 22,158,000
 21,677,000
2.1
 Subd. 3.House of Representatives
 30,586,000
 31,746,000
2.2During the biennium ending June 30, 2009,
2.3any revenues received by the house of
2.4representatives from sponsorship notices in
2.5broadcast or print media are appropriated to
2.6the house of representatives.
2.7
 Subd. 4.Legislative Coordinating Commission
 15,927,000
 15,620,000
2.8
 Appropriations by Fund
2.9
 General
 15,749,000
 15,442,000
2.10
 Health Care Access
178,000
 178,000
2.11$600,000 the first year and $600,000 the
2.12second year are for public information
2.13television, Internet, Intranet, and other
2.14transmission of legislative activities. At
2.15least one-half of those amounts must go for
2.16programming to be broadcast and transmitted
2.17to rural Minnesota.
2.18$5,624,000 the first year and $5,469,000 the
2.19second year are for the Office of the Revisor
2.20of Statutes.
2.21$1,257,000 the first year and $1,254,000 the
2.22second year are for the Legislative Reference
2.23Library.
2.24$5,594,000 the first year and $5,595,000
2.25the second year are for the Office of the
2.26Legislative Auditor.
2.27All legislative offices should, whenever
2.28possible, implement information technology
2.29systems that are compatible and work
2.30seamlessly across the legislature. Wherever
2.31possible, single systems should be
2.32implemented to avoid unnecessary
2.33duplication and inefficiency. The directors
2.34of information technology for the senate,
3.1house of representatives, and the Legislative
3.2Coordinating Commission must submit
3.3a written report describing their efforts
3.4to collaborate on implementing shared
3.5information technology systems. The report
3.6must be submitted to the chairs of the house
3.7of representatives and senate committees
3.8with jurisdiction over rules and to the
3.9Legislative Coordinating Commission on
3.10January 15, 2008, and January 15, 2009.

3.11
3.12
 Sec. 3. GOVERNOR AND LIEUTENANT
GOVERNOR
 $
 3,647,000
 $
 3,712,000
3.13(a) This appropriation is to fund the Office of
3.14the Governor and Lieutenant Governor.
3.15$19,000 the first year and $19,000 the
3.16second year are for necessary expenses in
3.17the normal performance of the governor's
3.18and lieutenant governor's duties for which no
3.19other reimbursement is provided.
3.20(b) By September 1 of each year, the
3.21commissioner of finance shall report to
3.22the chairs of the senate Governmental
3.23Operations Budget Division and the house
3.24State Government Finance Division any
3.25personnel costs incurred by the Office of
3.26the Governor and Lieutenant Governor that
3.27were supported by appropriations to other
3.28agencies during the previous fiscal year.
3.29The Office of the Governor shall inform the
3.30chairs of the divisions before initiating any
3.31interagency agreements.

3.32
 Sec. 4. STATE AUDITOR
 $
 9,234,000
 $
 9,220,000

3.33
 Sec. 5. ATTORNEY GENERAL
 $
 26,628,000
 $
 26,633,000
3.34
 Appropriations by Fund
3.35
 2008
 2009
4.1
 General
 24,514,000
 24,514,000
4.2
4.3
 State Government
Special Revenue
 1,719,000
 1,724,000
4.4
 Environmental
 145,000
 145,000
4.5
 Remediation
 250,000
 250,000

4.6
 Sec. 6. SECRETARY OF STATE
 $
 9,427,000
 $
 6,747,000
4.7
 Appropriations by Fund
4.8
 2008
 2009
4.9
4.10
 State Government
Special Revenue
 2,844,000
4.11$310,000 of this appropriation must be
4.12transferred to the Help America Vote Act
4.13account and is designated as a portion of the
4.14match required by section 253(b)(5) of the
4.15Help America Vote Act.
4.16$2,844,000 the first year is appropriated from
4.17the Help America Vote Act account for the
4.18purposes and uses authorized by federal law.
4.19This appropriation is available until June 30,
4.202009.
4.21Notwithstanding Laws 2005, chapter 162,
4.22section 34, subdivision 7, any balance
4.23remaining in the Help America Vote Act
4.24account after previous appropriations and the
4.25appropriations in this section is appropriated
4.26to the secretary of state for the purposes of
4.27the account. This appropriation is available
4.28until June 30, 2011.

4.29
4.30
 Sec. 7. CAMPAIGN FINANCE AND PUBLIC
DISCLOSURE BOARD
 $
 708,000
 $
 722,000

4.31
 Sec. 8. INVESTMENT BOARD
 $
 151,000
 $
 151,000

4.32
4.33
 Sec. 9. OFFICE OF ENTERPRISE
TECHNOLOGY
 $
 17,969,000
 $
 5,287,000
4.34(a) $2,000,000 the first year is for the first
4.35phase of an electronic licensing system.
4.36This is a onetime appropriation. This
5.1appropriation carries forward to the second
5.2year.
5.3(b) $10,000,000 the first year is for
5.4information technology security.
5.5(c) $500,000 the first year and $500,000 the
5.6second year are for oversight and analysis of
5.7state technology investments.
5.8(d) $1,456,000 the first year and $1,000,000
5.9the second year are for small agency
5.10technology infrastructure. During the first
5.11biennium, these amounts are intended to
5.12include hardware and software improvements
5.13for the Asian-Pacific Council, the Capitol
5.14Area Architectural and Planning Board,
5.15the Minnesota Library for the Blind,
5.16the Minnesota State Academies, and
5.17the Ombudsman for Mental Health and
5.18Developmental Disabilities. Ongoing
5.19funding for improvements made during fiscal
5.20years 2008 and 2009 may be added to the
5.21base funding for those agencies in fiscal
5.22years 2010 and 2011.
5.23(e) $68,000 is for an electronic documents
5.24study and report.
5.25(f) $200,000 is for grants to be distributed to
5.26the counties participating in the development
5.27of the integrated financial system for
5.28enhancements to the system. Enhancements
5.29include:
5.30(1) systems to improve the tracking and
5.31reporting of state and federal grants;
5.32(2) electronic payments to vendors;
5.33(3) electronic posting of state payments to
5.34the financial system;
6.1(4) automating revenue collection and
6.2posting through check conversion, automatic
6.3clearing house transactions, or credit card
6.4processing;
6.5(5) improvements to county budgetary
6.6systems;
6.7(6) storage or linkage of electronic
6.8documents;
6.9(7) improved executive level reporting and
6.10extraction of data; and
6.11(8) improved information and reporting for
6.12audits.
6.13The grant funds shall be distributed on a pro
6.14rata basis to each of the counties participating
6.15in the development of the integrated financial
6.16system. The Minnesota Counties Computer
6.17Cooperative, acting as a fiscal agent for
6.18the participating counties, shall receive the
6.19grant money for the counties. The grants
6.20will only be distributed after $600,000 is
6.21expended or provided from other sources.
6.22The chief information officer may require
6.23a report or such other information as the
6.24chief information officer deems appropriate
6.25to verify that the requirements of this
6.26section have been met. This appropriation
6.27is available until June 30, 2011, and cancels
6.28on that date.

6.29
 Sec. 10. ADMINISTRATIVE HEARINGS
 $
 8,087,000
 $
 7,801,000
6.30
 Appropriations by Fund
6.31
 2008
 2009
6.32
 General
 281,000
 285,000
6.33
6.34
 Workers'
Compensation
 7,806,000
 7,516,000
7.1$266,000 each year is for two workers'
7.2compensation judges, to be located in Duluth.

7.3
 Sec. 11. ADMINISTRATION
7.4
 Subdivision 1. Total Appropriation
 $
 24,887,000
 $
 20,282,000
7.5The amounts that may be spent for each
7.6purpose are specified in the following
7.7subdivisions.
7.8
 Subd. 2.State Facilities Services
 14,746,000
 11,458,000
7.9(a) $7,888,000 the first year and $7,888,000
7.10the second year are for office space costs of
7.11the legislature and veterans organizations,
7.12for ceremonial space, and for statutorily free
7.13space.
7.14(b) $2,500,000 the first year is to purchase
7.15and implement a Web-enabled, shared
7.16computer system to facilitate the state's real
7.17property portfolio management.
7.18(c) $250,000 the first year and $250,000 the
7.19second year are for the energy conservation
7.20recommissioning activities in state buildings.
7.21
 Subd. 3.State and Community Services
 3,420,000
 3,583,000
7.22(a) $60,000 the first year and $240,000 the
7.23second year are to fund activities to prepare
7.24for and promote the 2010 census. Base
7.25funding for this activity is $260,000 in fiscal
7.26year 2010 and $180,000 in fiscal year 2011.
7.27(b) $1,100,000 the first year and $1,100,000
7.28the second year are for the Land Management
7.29Information Center.
7.30(c) $196,000 the first year and $196,000 the
7.31second year are for the Office of the State
7.32Archaeologist.
7.33
 Subd. 4.Administrative Management Services
 6,121,000
 5,241,000
8.1(a) $125,000 the first year is to create an
8.2Office of Grants Management to standardize
8.3state grants management policies and
8.4procedures. For the fiscal year beginning
8.5July 1, 2008, the commissioner must deduct
8.6from state grants subject to nongovernmental
8.7entities up to $125,000, as necessary to
8.8fund the commissioner's duties under
8.9new Minnesota Statutes, sections 16B.97
8.10and 16B.98. The amount deducted from
8.11appropriations for these grants is transferred
8.12to the commissioner for purposes of
8.13administering those sections.
8.14(b) $285,000 the first year is to fund a pilot
8.15project to reduce state expenditures on
8.16professional/technical contracts negotiations.
8.17(c) $250,000 the first year and $250,000
8.18the second year are to establish a small
8.19agency resource team to consolidate and
8.20streamline the human resources and financial
8.21management activities for small state
8.22agencies, boards, and councils.
8.23(d) $425,000 the first year is a onetime
8.24appropriation for a targeted group business
8.25disparity study. The commissioner must
8.26cooperate with units of local government
8.27conducting similar studies.
8.28(e) $74,000 the first year and $74,000
8.29the second year are for the Council on
8.30Developmental Disabilities.
8.31(f) $53,000 the first year and $36,000 the
8.32second year are for the genetic information
8.33work group and report.
8.34(g) $250,000 in fiscal year 2008 and
8.35$250,000 in fiscal year 2009 are for a grant
9.1to the Council on Developmental Disabilities
9.2for the purpose of establishing a statewide
9.3self-advocacy network for persons with
9.4intellectual and developmental disabilities
9.5(ID/DD). The self-advocacy network shall:
9.6(1) ensure that persons with ID/DD are
9.7informed of their rights in employment,
9.8housing, transportation, voting, government
9.9policy, and other issues pertinent to the
9.10ID/DD community;
9.11(2) provide public education and awareness
9.12of the civil and human rights issues persons
9.13with ID/DD face;
9.14(3) provide funds, technical assistance, and
9.15other resources for self-advocacy groups
9.16across the state; and
9.17(4) organize systems of communications
9.18to facilitate an exchange of information
9.19between self-advocacy groups.
9.20This appropriation is in addition to any other
9.21appropriations and must be added to the base
9.22appropriation beginning in fiscal year 2010.
9.23(h) $75,000 is for purposes of promotion
9.24of document imaging work in government
9.25agencies to be done by persons with
9.26developmental disabilities.
9.27
 Subd. 5.Fiscal Agent
 600,000
9.28(a) $100,000 the first year is for the
9.29sustainable growth working group.
9.30(b) $500,000 is for a grant to Washington
9.31County for capital improvements detailed in
9.32the approved planned unit development for
9.33the Disabled Veteran's Rest Camp to provide
10.1increased capacity, amenities, access, and
10.2safety for Minnesota veterans.

10.3
10.4
10.5
 Sec. 12. CAPITOL AREA
ARCHITECTURAL AND PLANNING
BOARD
 $
 428,000
 $
 372,000
10.6$65,000 in fiscal year 2008 is for the
10.7decennial expenses related to the board's
10.8duties under Minnesota Statutes, section
10.9473.864, subdivisions 1 and 2. Money
10.10appropriated in fiscal year 2008 is available
10.11until June 30, 2009. This is a onetime
10.12appropriation.

10.13
 Sec. 13. FINANCE
10.14
 Subdivision 1. Total Appropriation
 $
 22,382,000
 $
 15,331,000
10.15The amounts that may be spent for each
10.16purpose are specified in the following
10.17subdivisions.
10.18
 Subd. 2.State Financial Management
 8,912,000
 8,752,000
10.19(a) $315,000 the first year is for the state's
10.20share of the cost of bankruptcy counsel
10.21representing joint interests of the state and
10.22the city of Duluth in the Northwest Airlines
10.23bankruptcy. This is a onetime appropriation.
10.24(b) Notwithstanding the provisions of
10.25Minnesota Statutes, section 16A.1522,
10.26subdivision 4, the commissioner of finance
10.27shall designate any positive general fund
10.28budgetary balance on June 30, 2007, as an
10.29unrestricted balance. Money so designated
10.30shall remain available for general fund
10.31appropriations authorized in fiscal years
10.322008 and 2009.
10.33
10.34
 Subd. 3.Information and Management
Services
 13,470,000
 6,579,000
11.1$7,000,000 the first year is for costs related to
11.2the Minnesota Accounting and Procurement
11.3System (MAPS). $6,500,000 is to implement
11.4remediation strategies as necessary to avoid
11.5a systemic failure. $500,000 of the first year
11.6total is for planning for the system's eventual
11.7replacement.

11.8
 Sec. 14. EMPLOYEE RELATIONS
 $
 6,385,000
 $
 5,947,000
11.9(a) $250,000 each year is for the Center for
11.10Health Care Purchasing Improvement.
11.11(b) $186,000 the first year and $203,000 the
11.12second year are for transfer to state agencies
11.13for additional expenses incurred as a result
11.14of expanded use of sick leave authorized by
11.15this act.
11.16(c) $350,000 the first year is to support the
11.17use of an electronic portfolio system to
11.18provide personal health records for MnSCU
11.19employees and other participants in the state
11.20employee group insurance program. Of
11.21this amount, $50,000 is for transfer to the
11.22University of Minnesota Health Informatics
11.23Division to evaluate the use and impact of
11.24personal health records on these employees.
11.25This appropriation is available until June 30,
11.262009.

11.27
 Sec. 15. REVENUE
11.28
 Subdivision 1. Total Appropriation
 $
 128,487,000
 $
 121,391,000
11.29
 Appropriations by Fund
11.30
 2008
 2009
11.31
 General
 124,387,000
 117,231,000
11.32
 Health Care Access
 1,680,000
 1,707,000
11.33
11.34
 Highway User Tax
Distribution
 2,125,000
 2,154,000
11.35
 Environmental
 295,000
 299,000
12.1The amounts that may be spent for each
12.2purpose are specified in subdivisions 2 and 3.
12.3
 Subd. 2.Tax System Management
 108,326,000
 99,541,000
12.4
 Appropriations by Fund
12.5
 General
 104,226,000
 95,381,000
12.6
 Health Care Access
 1,680,000
 1,707,000
12.7
12.8
 Highway User Tax
Distribution
 2,125,000
 2,154,000
12.9
 Environmental
 295,000
 299,000
12.10(a) $6,910,000 the first year and $8,704,000
12.11the second year are for additional activities
12.12to identify and collect tax liabilities from
12.13individuals and businesses that currently
12.14do not pay all taxes owed. This initiative
12.15is expected to result in new general fund
12.16revenues of $42,400,000 for the biennium
12.17ending June 30, 2009.
12.18(b) The department must report to the chairs
12.19of the house of representatives Ways and
12.20Means and senate Finance Committees by
12.21March 1, 2008, and January 15, 2009, on the
12.22following performance indicators:
12.23(1) the number of corporations noncompliant
12.24with the corporate tax system each year and
12.25the percentage and dollar amounts of valid
12.26tax liabilities collected;
12.27(2) the number of businesses noncompliant
12.28with the sales and use tax system and the
12.29percentage and dollar amount of the valid tax
12.30liabilities collected; and
12.31(3) the number of individual noncompliant
12.32cases resolved and the percentage and dollar
12.33amounts of valid tax liabilities collected.
12.34(c) The reports must also identify base-level
12.35expenditures and staff positions related to
13.1compliance and audit activities, including
13.2baseline information as of January 1, 2006.
13.3The information must be provided at the
13.4budget activity level.
13.5(d) $12,000,000 the first year is for the
13.6purchase and development of an integrated
13.7tax software package.
13.8
 Subd. 3.Accounts Receivable Management
 20,161,000
 21,850,000
13.9$1,750,000 the first year and $3,110,000
13.10the second year are for additional activities
13.11to identify and collect tax liabilities from
13.12individuals and businesses that currently do
13.13not pay all taxes owed. This initiative is
13.14expected to result in new general revenues of
13.15$60,000,000 for the biennium ending June
13.1630, 2009.

13.17
 Sec. 16. MILITARY AFFAIRS
13.18
 Subdivision 1.Total Appropriation
 $
 21,814,000
 $
 20,123,000
13.19
 Appropriations by Fund
13.20
 2008
 2009
13.21
 General
 21,476,000
 19,785,000
13.22
 Special Revenue
 338,000
 338,000
13.23The amounts that may be spent for each
13.24purpose are specified in the following
13.25subdivisions.
13.26
 Subd. 2.Maintenance of Training Facilities
 7,679,000
 7,448,000
13.27$185,000 the first year is to pay special
13.28assessments levied against state property.
13.29This is a onetime appropriation.
13.30$25,000 the first year is for a longitudinal
13.31study measuring improvement in academic
13.32achievement as a result of participation in the
13.33Starbase program.
13.34
 Subd. 3.General Support
 3,926,000
 2,464,000
14.1
 Appropriations by Fund
14.2
 General
 3,588,000
 2,126,000
14.3
 Special Revenue
 338,000
 338,000
14.4(a) $1,500,000 the first year is for the
14.5Minnesota National Guard reintegration
14.6program. This appropriation is available
14.7until spent.
14.8(b) $275,000 the first year and $285,000 the
14.9second year are for additional staffing.
14.10(c) $338,000 each year is from the account
14.11in the special revenue fund established in
14.12Minnesota Statutes, section 190.19, for
14.13grants under that section.
14.14
 Subd. 4.Enlistment Incentives
 10,209,000
 10,211,000
14.15If appropriations for either year of the
14.16biennium are insufficient, the appropriation
14.17from the other year is available. The
14.18appropriations for enlistment incentives are
14.19available until expended.

14.20
 Sec. 17. GAMBLING CONTROL
 $
 2,846,000
 $
 2,893,000
14.21These appropriations are from the lawful
14.22gambling regulation account in the special
14.23revenue fund.

14.24
 Sec. 18. RACING COMMISSION
 $
 1,130,000
 $
 899,000
14.25(a) These appropriations are from racing
14.26regulation accounts in the special revenue
14.27fund.
14.28(b) $295,000 the first year and $64,000 the
14.29second year and thereafter are for information
14.30technology improvements implemented in
14.31consultation with the Office of Enterprise
14.32Technology as part of the small agency
14.33technology initiative.

15.1
 Sec. 19. STATE LOTTERY
15.2Notwithstanding Minnesota Statutes, section
15.3349A.10, subdivision 3, the operating budget
15.4must not exceed $27,378,000 in fiscal year
15.52008 and $28,141,000 in fiscal year 2009.

15.6
 Sec. 20. TORT CLAIMS
 $
 161,000
 $
 161,000
15.7To be spent by the commissioner of finance.
15.8If the appropriation for either year is
15.9insufficient, the appropriation for the other
15.10year is available for it.

15.11
15.12
 Sec. 21. MINNESOTA STATE RETIREMENT
SYSTEM
 $
 1,608,000
 $
 1,649,000
15.13(a) The amounts estimated to be needed for
15.14each program are as follows:
15.15
 (1) Legislators
 1,170,000
 1,200,000
15.16Under Minnesota Statutes, sections 3A.03,
15.17subdivision 2, 3A.04, subdivisions 3 and 4;
15.18and 3A.115.
15.19
 (2) Constitutional Officers
 438,000
 449,000
15.20Under Minnesota Statutes, sections
15.21352C.031, subdivision 5; 352C.04,
15.22subdivision 3; and 352C.09, subdivision 2.
15.23(b) If an appropriation in this section for
15.24either year is insufficient, the appropriation
15.25for the other year is available for it.

15.26
15.27
 Sec. 22. MINNEAPOLIS EMPLOYEES
RETIREMENT FUND
 $
 9,000,000
 $
 9,000,000
15.28The amounts estimated to be needed under
15.29Minnesota Statutes, section 422A.101,
15.30subdivision 3.

15.31
15.32
 Sec. 23. TEACHERS RETIREMENT
ASSOCIATION
 $
 15,800,000
 $
 15,800,000
16.1The amounts estimated to be needed are as
16.2follows:
16.3
16.4
16.5
16.6
 (a) Special direct state aid to first class
city teachers retirement funds authorized under
Minnesota Statutes, section 354A.12, subdivisions
3a and 3c.
 13,300,000
 13,300,000
16.7
16.8
16.9
16.10
 (b) Special direct state matching aid to
Minneapolis Teachers Retirement Fund
authorized under Minnesota Statutes, section
354A.12, subdivision 3b.
 2,500,000
 2,500,000

16.11
16.12
 Sec. 24. ST. PAUL TEACHERS
RETIREMENT FUND
 $
 2,967,000
 $
 2,967,000
16.13The amounts estimated to be needed for
16.14special direct state aid to first class city
16.15teachers retirement funds authorized under
16.16Minnesota Statutes, section 354A.12,
16.17subdivisions 3a and 3c.

16.18
16.19
 Sec. 25. GENERAL CONTINGENT
ACCOUNTS
 $
 1,000,000
 $
 500,000
16.20
 Appropriations by Fund
16.21
 2008
 2009
16.22
 General
 500,000
 -0-
16.23
16.24
 State Government
Special Revenue
 400,000
 400,000
16.25
16.26
 Workers'
Compensation
 100,000
 100,000
16.27(a) The appropriations in this section
16.28may only be spent with the approval of
16.29the governor after consultation with the
16.30Legislative Advisory Commission pursuant
16.31to Minnesota Statutes, section 3.30.
16.32(b) If an appropriation in this section for
16.33either year is insufficient, the appropriation
16.34for the other year is available for it.
16.35(c) If a contingent account appropriation
16.36is made in one fiscal year, it should be
16.37considered a biennial appropriation.

16.38    Sec. 26. MANAGERIAL POSITION REDUCTIONS.
17.1    The governor must reduce the number of deputy commissioners, assistant
17.2commissioners, and positions designated as unclassified under authority of Minnesota
17.3Statutes, section 43A.08, subdivision 1a, by an amount that will generate savings to the
17.4general fund of $775,000 in the biennium ending June 30, 2009, and $7,600,000 in the
17.5biennium ending June 30, 2011.

17.6ARTICLE 2
17.7STATE GOVERNMENT OPERATIONS

17.8    Section 1. [3.052] SCHEDULE FOR CONSIDERATION OF LEGISLATION.
17.9    Subdivision 1. Agency bills. An executive department or agency intending to urge
17.10the legislature to adopt a bill shall deliver the bill to the revisor of statutes by November
17.111 before the regular session at which adoption will be urged. This deadline does not
17.12apply: (1) to bills necessary to implement the governor's budget proposals; (2) to other
17.13bills that are policy initiatives of the governor, as opposed to administrative initiatives of a
17.14department or agency; or (3) as otherwise provided in section 3C.035.
17.15    Subd. 2. State of the state. The governor is encouraged to submit a state of the state
17.16address in January of each odd-numbered year and within the first ten days after the start
17.17of the legislative session in an even-numbered year. Before or during this address, the
17.18governor is encouraged to announce major legislative policy initiatives that the governor
17.19intends to promote that year.
17.20    Subd. 3. Executive submission of budget bills. The governor must submit bills
17.21necessary to implement the governor's operating budget to the legislature within one
17.22week after the date specified in section 16A.11 for the governor to submit the detailed
17.23operating budget to the legislature. The bills must be provided to the speaker of the house
17.24of representatives and the majority leader of the senate in a manner ready for formal
17.25introduction and final consideration.

17.26    Sec. 2. [3.181] PRINTED MATERIALS.
17.27    If paper copies of legislative bills and amendments are printed, they must be printed
17.28on paper that measures 8-1/2 inches by 11 inches.
17.29EFFECTIVE DATE.This section is effective January 1, 2009.

17.30    Sec. 3. [3.3051] PUBLIC INFORMATION.
17.31    The Legislative Coordinating Commission must establish a joint legislative public
17.32information office.
17.33    The office is the legislative entity responsible for:
17.34    (1) producing legislative directories and rosters, news magazines, and general
17.35educational materials about the legislative process;
18.1    (2) in cooperation with other legislative offices, providing schedules of legislative
18.2meetings;
18.3    (3) producing television coverage of certain legislative proceedings; and
18.4    (4) performing other functions assigned by the Legislative Coordinating
18.5Commission.

18.6    Sec. 4. [3.306] MEETING TIMES.
18.7    The house of representatives and the senate must adopt rules that set one time as the
18.8regular hour of convening daily sessions in both houses.

18.9    Sec. 5. [3.3061] JOINT STANDING COMMITTEES.
18.10    The house of representatives and the senate are encouraged to adopt rules that:
18.11    (1) establish a system of joint standing committees to consider and report on
18.12legislation and conduct other legislative business, except that each house may separately
18.13establish a committee on rules and administration and a committee on ethics; or
18.14    (2) provide that house and senate committees with similar jurisdiction will meet at
18.15the same time to facilitate joint meetings.

18.16    Sec. 6. Minnesota Statutes 2006, section 3.85, subdivision 3, is amended to read:
18.17    Subd. 3. Membership. The commission consists of five seven members of the
18.18senate appointed by the Subcommittee on Committees of the Committee on Rules and
18.19Administration and five seven members of the house of representatives appointed by the
18.20speaker. Members shall be appointed at the commencement of each regular session of the
18.21legislature for a two-year term beginning January 16 of the first year of the regular session.
18.22Members continue to serve until their successors are appointed. Vacancies that occur while
18.23the legislature is in session shall be filled like regular appointments. If the legislature is not
18.24in session, senate vacancies shall be filled by the last Subcommittee on Committees of the
18.25senate Committee on Rules and Administration or other appointing authority designated
18.26by the senate rules, and house vacancies shall be filled by the last speaker of the house, or
18.27if the speaker is not available, by the last chair of the house Rules Committee.

18.28    Sec. 7. [3.9228] MINNESOTA OFFICE ON ETHNIC HERITAGE AND NEW
18.29AMERICANS.
18.30    Subdivision 1. Office established. The Minnesota Office of Ethnic Heritage and
18.31New Americans is established to: (1) recognize the state's rich ethnic diversity and the
18.32contributions that immigrants have made to the state's social, economic, and cultural
18.33history; and (2) capitalize on and develop the strengths of the immigrant community in
18.34Minnesota. The commission shall assist state government to foster an understanding and
18.35appreciation of ethnic and cultural diversity in Minnesota, to more effectively identify
19.1the underutilized resources within the immigrant community and to facilitate the full
19.2participation of immigrants in social, cultural, and political life in this state.
19.3    Subd. 2. Membership. The Minnesota Office of Ethnic Heritage and New
19.4Americans consists of 14 members: the Subcommittee on Committees of the Committee
19.5on Rules and Administration of the senate shall appoint two public members and two
19.6senators; and the speaker of the house of representatives shall appoint two public members
19.7and two members of the house of representatives. The governor shall appoint six public
19.8members.
19.9    Appointees must have proven experience and dedication to working with the wide
19.10range of ethnic communities within Minnesota, the immigrant community, and possess
19.11training and experience in business, management, economics, public policy, legal affairs,
19.12and social work. The appointing authorities shall seek to collaborate with each other and
19.13with the councils established in sections 3.9223, 3.9225, and 3.9226 to ensure that the
19.14public membership of the commission is ethnically and geographically diverse and is
19.15reasonably balanced by gender.
19.16    Compensation and the filling of vacancies or appointed members are as provided in
19.17section 15.0575. The appointments required under this subdivision must be completed
19.18no later than September 1, 2007.
19.19    Subd. 3. Organization. As soon as possible after the appointments under
19.20subdivision 2 have been completed, the executive director of the Legislative Coordinating
19.21Commission shall convene the first meeting of the commission. The members of the
19.22commission shall select their chairperson at the first meeting.
19.23    Subd. 4. Assistance. The Legislative Coordinating Commission shall provide the
19.24administrative and clerical support services necessary for the operation of the Minnesota
19.25Office on Ethnic Heritage and New Americans.
19.26    Subd. 5. Duties. The Minnesota Office of Ethnic Heritage and New Americans shall:
19.27    (1) work with community leaders, the legislature, and the executive branch to
19.28develop programs and proposals that will encourage ethnic identity, preserve ethnic
19.29heritage, and promote education of the public about the state's heritage and cultural history;
19.30    (2) make recommendations to the legislature and the governor intended to foster the
19.31understanding and appreciation of cultural diversity in the state;
19.32    (3) maintain association with ethnic, cultural, and minority groups to determine
19.33community needs;
19.34    (4) study and consider opportunities and issues for the immigrant community in
19.35this state, including:
20.1    (i) steps to eliminate underutilization of immigrants in the state's work force;
20.2    (ii) improving the efficient use of existing state programs and services; and
20.3    (iii) other appropriate steps to improve the economic and social condition of
20.4immigrants in this state.
20.5    By December 1, 2008, the commission shall report to the chairs of the legislative
20.6committees and divisions with jurisdiction over issues affecting ethnic heritage and
20.7immigrants. The report must include a discussion of the items listed in this subdivision
20.8together with recommendations for state agencies and the legislature, including any
20.9proposed legislation necessary to accomplish the recommendations. The executive
20.10director of the Legislative Coordinating Commission shall ensure that copies of the report
20.11are available on the Legislative Coordinating Commission's Web site.
20.12    Subd. 6. Expiration. This section expires on June 30, 2009.

20.13    Sec. 8. Minnesota Statutes 2006, section 3.9741, subdivision 1, is amended to read:
20.14    Subdivision 1. Metropolitan Commission. Upon the audit of the financial accounts
20.15and affairs of a commission under section 473.595, 473.604, or 473.703, the affected
20.16Metropolitan Commission is liable to the state for the total cost and expenses of the
20.17audit, including the salaries paid to the examiners while actually engaged in making
20.18the examination. The legislative auditor may bill the Metropolitan Commission either
20.19monthly or at the completion of the audit. All collections received for the audits must be
20.20deposited in the general fund added to the appropriation for the legislative auditor.
20.21EFFECTIVE DATE.This section is effective the day following final enactment.

20.22    Sec. 9. [4.60] POET LAUREATE.
20.23    (a) The position of poet laureate of the state of Minnesota is established. The
20.24Minnesota Humanities Commission must solicit nominations for the poet laureate
20.25appointment and must make recommendations to the governor. After receiving
20.26recommendations from the Minnesota Humanities Commission, the governor shall
20.27appoint a state poet laureate and conduct appropriate ceremonies to honor the person
20.28appointed. The person appointed as poet laureate continues to serve in this position until
20.29the governor appoints another person.
20.30    (b) State agencies and officers are encouraged to use the services of the poet laureate
20.31for appropriate ceremonies and celebrations.

20.32    Sec. 10. Minnesota Statutes 2006, section 5.12, subdivision 1, is amended to read:
20.33    Subdivision 1. Fees. The secretary of state shall charge a fee of $5 for each
20.34certificate or certification of a copy of any document filed in the Office of the Secretary
20.35of State. The secretary of state shall charge a fee of $3 for a copy of an original filing of
21.1a corporation, limited partnership, assumed name, or trade or service mark, or for the
21.2complete record of a certificate of assumed name. The secretary of state shall charge a
21.3fee of $3 for a copy of any or all subsequent filings of a corporation, limited partnership,
21.4assumed name, or trade or service mark. The secretary of state shall charge a fee of $1 per
21.5page for copies of other nonuniform commercial code documents filed with the secretary of
21.6state. At the time of filing, the secretary of state may provide at the public counter, without
21.7charge, a copy of a filing, ten or fewer pages in length, to the person making the filing.
21.8EFFECTIVE DATE.This section is effective August 1, 2007.

21.9    Sec. 11. [5.32] TEMPORARY TECHNOLOGY SURCHARGE.
21.10    Subdivision 1. Surcharge. For fiscal years 2008 and 2009, the following technology
21.11surcharges are imposed on the filing fees required under the following statutes:
21.12    (1) $25 for articles of incorporation filed under section 302A.151;
21.13    (2) $25 for articles of organization filed under section 322B.17;
21.14    (3) $25 for applications for certificates of authority to transact business in Minnesota
21.15filed under section 303.06;
21.16    (4) $20 for annual reports filed by non-Minnesota corporations under section
21.17303.14; and
21.18    (5) $50 for reinstatements to authority to transact business in Minnesota filed under
21.19section 303.19.
21.20    Subd. 2. Deposit. The surcharges listed in subdivision 1 shall be deposited into the
21.21uniform commercial code account.
21.22    Subd. 3. Expiration. This section expires June 30, 2009.

21.23    Sec. 12. [6.465] DEFINITIONS.
21.24    Subdivision 1. Application. For the purposes of this chapter, the terms defined in
21.25this section have the meaning given them.
21.26    Subd. 2. Political subdivision. "Political subdivision" means a county, home rule
21.27charter or statutory city, town, school district, metropolitan or regional agency, public
21.28corporation, political subdivision, or special district as defined in subdivision 3. "Political
21.29subdivision" does not include a metropolitan or regional agency or a public corporation
21.30audited by the legislative auditor.
21.31    Subd. 3. Special district. "Special district" means a public entity with a special
21.32or limited purpose, financed by property tax revenues or other public funds, that is
21.33not included in a city, county, or town financial report as a component of that local
21.34government, that is created or authorized by law, and that is governed by (1) persons
22.1directly elected to the governing board of the district, (2) persons appointed to the
22.2governing board of the district by local elected officials, (3) local elected officials who
22.3serve on the board by virtue of their elected office, or (4) a combination of these methods
22.4of selection. Special district includes special taxing districts listed in section 275.066.

22.5    Sec. 13. Minnesota Statutes 2006, section 6.47, is amended to read:
22.66.47 ACCOUNTING AND BUDGETING SYSTEMS; INVESTIGATION,
22.7FORMS.
22.8    The state auditor shall inquire into the accounting and budgeting systems of all
22.9local units of government political subdivisions and shall prescribe suitable systems of
22.10accounts and budgeting, and forms, books, and instructions concerning the same. At the
22.11request of any local unit of government political subdivision the state auditor may install
22.12such systems. The state auditor shall recommend a form for order- and warrant-checks of
22.13all local units of government which shall conform, so far as consistent with statutory and
22.14charter requirements, to approved banking practice in order to facilitate handling of such
22.15instruments by banks and other depositories.

22.16    Sec. 14. Minnesota Statutes 2006, section 6.51, is amended to read:
22.176.51 SCHOOL DISTRICTS, TOWNS, AND STATUTORY CITIES OTHER
22.18POLITICAL SUBDIVISIONS.
22.19    All powers and duties of the state auditor herein imposed and conferred with respect
22.20to the supervision, inspection, and examination of books and accounts of cities in section
22.216.50 are herewith extended to all school districts, towns, and statutory cities political
22.22subdivisions of this state. A copy of the report of such examination shall be filed, subject
22.23to public inspection, with the clerk or chief administrative officer of the town, statutory
22.24city, or school district political subdivision receiving such examination, and an additional
22.25copy with the county auditor of the county in which the administrative offices of such
22.26town, statutory city, or school district the political subdivision are located. If such report
22.27disclose malfeasance, misfeasance, or nonfeasance in office, the state auditor shall file
22.28such copy with the county attorney of the county in which the administrative offices of
22.29such school district, town, or statutory city the political subdivision are located, and the
22.30county attorney shall institute such proceedings as the law and the public interest require.

22.31    Sec. 15. Minnesota Statutes 2006, section 6.54, is amended to read:
22.326.54 EXAMINATION OF COUNTY AND MUNICIPAL POLITICAL
22.33SUBDIVISION RECORDS PURSUANT TO PETITION.
22.34    Subdivision 1. Petition of voters for audit. The registered voters in a county or
22.35home rule charter or statutory city political subdivision other than a town or school district
23.1or the electors at an annual or special town meeting of a town may petition the state
23.2auditor to examine the books, records, accounts, and affairs of the county, home rule
23.3charter or statutory city, town, political subdivision or of any organizational unit, activity,
23.4project, enterprise, or fund thereof; and the scope of the examination may be limited by the
23.5petition, but the examination shall cover, at least, all cash received and disbursed and the
23.6transactions relating thereto, provided that the state auditor shall not examine more than
23.7the six latest years preceding the circulation of the petition, unless it appears to the state
23.8auditor during the examination that the audit period should be extended to permit a full
23.9recovery under bonds furnished by public officers or employees, and may if it appears to
23.10the auditor in the public interest confine the period or the scope of audit or both period and
23.11scope of audit, to less than that requested by the petition. In the case of a county or home
23.12rule charter or statutory city political subdivision other than a town or school district, the
23.13petition shall be signed by a number of registered voters at least equal to 20 percent of
23.14those voting in the last presidential election.
23.15    Subd. 2. School districts. The eligible voters of any school district may petition the
23.16state auditor, who shall be subject to the same restrictions regarding the scope and period
23.17of audit, provided that the petition shall be signed by at least ten eligible voters for each 50
23.18resident pupils in average daily membership during the preceding school year as shown on
23.19the records in the office of the commissioner of education. In the case of school districts,
23.20the petition shall be signed by at least ten eligible voters.
23.21    Subd. 3. Certifications required. At the time it is circulated, every petition shall
23.22contain a statement that the cost of the audit will be borne by the county, city, or school
23.23district political subdivision as provided by law. Thirty days before the petition is
23.24delivered to the state auditor it shall be presented to the appropriate city or school district
23.25clerk or chief administrative officer of the political subdivision and the county auditor.
23.26The county auditor shall determine and certify whether the petition is signed by the
23.27required number of registered voters or eligible voters as the case may be. The certificate
23.28shall be conclusive evidence thereof in any action or proceeding for the recovery of the
23.29costs, charges, and expenses of any examination made pursuant to the petition.

23.30    Sec. 16. Minnesota Statutes 2006, section 6.55, is amended to read:
23.316.55 EXAMINATION OF RECORDS PURSUANT TO RESOLUTION OF
23.32GOVERNING BODY.
23.33    The governing body of any city, town, county or school district, political subdivision
23.34by appropriate resolution may ask the state auditor to examine the books, records,
23.35accounts and affairs of their government, or of any organizational unit, activity, project,
24.1enterprise, or fund thereof; and the state auditor shall examine the same upon receiving,
24.2pursuant to said resolution, a written request signed by a majority of the members of the
24.3governing body; and the governing body of any public utility commission, or of any
24.4public corporation having a body politic and corporate political subdivision, or of any
24.5instrumentality joint or several of any city, town, county, or school district political
24.6subdivision, may request an audit of its books, records, accounts and affairs in the same
24.7manner; provided that the scope of the examination may be limited by the request, but
24.8such examination shall cover, at least, all cash received and disbursed and the transactions
24.9relating thereto. Such written request shall be presented to the clerk, or recording officer,
24.10or chief administrative officer of such city, town, county, school district, public utility
24.11commission, public corporation, the political subdivision or instrumentality, before
24.12being presented to the state auditor, who shall determine whether the same is signed
24.13by a majority of the members of such governing body and, if found to be so signed,
24.14shall certify such fact, and the fact that such resolution was passed, which certificate
24.15shall be conclusive evidence thereof in any action or proceedings for the recovery of the
24.16costs, charges and expenses of any examination made pursuant to such request. Nothing
24.17contained in any of the laws of the state relating to the state auditor, shall be so construed
24.18as to prevent any county, city, town, or school district political subdivision from employing
24.19a certified public accountant to examine its books, records, accounts, and affairs. For the
24.20purposes of this section, the governing body of a town is the town board.

24.21    Sec. 17. Minnesota Statutes 2006, section 6.551, is amended to read:
24.226.551 EXAMINATION OF GRANTEES AND CONTRACTORS OF LOCAL
24.23GOVERNMENTS POLITICAL SUBDIVISIONS.
24.24    The state auditor may examine the books, records, documents, and accounting
24.25procedures and practices of a contractor or grantee of a local government political
24.26subdivision pursuant to section 16C.05, subdivision 5. The examination shall be limited to
24.27the books, records, documents, and accounting procedures and practices that are relevant
24.28to the contract or transaction with the local government political subdivision.

24.29    Sec. 18. Minnesota Statutes 2006, section 6.57, is amended to read:
24.306.57 COST OF EXAMINATION, COLLECTION.
24.31    On July first, 1 of each year, the state auditor shall certify all uncollected claims for
24.32the examination of any county, city, town, or school district which political subdivision
24.33that have remained unpaid for a period of three months from the date of such claim. The
24.34auditor shall forthwith notify the clerk, or recording officer, or chief administrative officer
24.35of each county, city, town, or school district political subdivision against which the state
24.36has a claim that, if the same is not paid, with interest at the rate of six percent per annum
25.1from the date of the claim, within 90 days, the full amount thereof will be certified to the
25.2county auditor of the county having such examination, or to the county auditor for the
25.3county or counties in which such city, town, or school district the political subdivision is
25.4situated, for collection by special tax levy, as herein provided. Such notice shall be served
25.5by certified mail and the deposit thereof in the United States mail shall constitute due and
25.6legal service thereof upon the county, city, town, or school district political subdivision.

25.7    Sec. 19. Minnesota Statutes 2006, section 6.59, is amended to read:
25.86.59 CLAIM OF STATE FOR COST OF EXAMINATION, CONTEST.
25.9    On or before September first 1 of each year, following service of the notice, any such
25.10county, city, town, or school district political subdivision may serve notice, in writing,
25.11upon the attorney general that it desires to contest the legality of the state's claim, and
25.12the attorney general shall forthwith file with the court administrator of the district court
25.13of the county having such examination, or in which such city, town, or school district
25.14the political subdivision, or major part thereof, is situated, a verified statement of the
25.15state's claim, duly itemized and serve upon the auditor or, clerk, or chief administrative
25.16officer of such county, city, town, or school district the political subdivision, by certified
25.17mail, a copy of such statement. Such county, city, town, or school district The political
25.18subdivision may file with the court administrator of such district court, within ten days
25.19after the service of such statement upon it, verified objections to the state's claim, and such
25.20district court shall thereupon summarily, in or out of term, hear and determine the amount
25.21due the state, if any, for such examination, at a time and place fixed by the court therefor.
25.22The court administrator of court shall certify to the county auditor of the county having
25.23such examination, or to the county auditor of the county or counties in which such city,
25.24town, or school district the political subdivision is situated, the amount so determined
25.25by the court to be due to the state, if any.

25.26    Sec. 20. Minnesota Statutes 2006, section 6.60, is amended to read:
25.276.60 STATE AUDITOR, CERTIFICATION OF AMOUNTS DUE.
25.28    On October first, 1 of each year, the state auditor shall certify the respective amounts
25.29due the state from the various counties, cities, towns, and school districts political
25.30subdivisions, including interest computed to July first, following, to the county auditor of
25.31the county having such examination, or to the county auditor of the county in which any
25.32such city, town, or school district political subdivision is, in whole or in part, situated. The
25.33county auditor, upon receiving a certificate from the state auditor, or a certificate from the
25.34court administrator, as provided in section 6.59, shall include the amount of the state's
25.35claim, with 25 percent added, in the tax levy for general revenue purposes of the county or
25.36municipality political subdivision liable therefor, and such additional levy shall not be
26.1within any limitation imposed by law upon the amount of taxes which may be levied for
26.2revenue purposes. Upon completion of the June tax settlement following such levy the
26.3county treasurer shall deduct from the amount apportioned to the county or municipality
26.4political subdivision for general revenue purposes, the amount due the state, including
26.5interest, and remit the same to the commissioner of finance.

26.6    Sec. 21. Minnesota Statutes 2006, section 6.62, subdivision 2, is amended to read:
26.7    Subd. 2. Cost of postaudit. The amount of said levy shall be the amount of the
26.8claim or claims submitted by the state auditor for such services or the auditor's estimate of
26.9the entire cost, and said amount shall be certified by the governing body, after the request
26.10or petition for the audit has been filed, to the county auditor, along with amounts requested
26.11for other governmental purposes. If such levy has been made in excess of statutory
26.12limitations, and if the request or petition is withdrawn after the amount of the levy has
26.13been certified but the levy cannot be canceled because it has been spread on the tax lists,
26.14the governing body shall cause the proceeds of such levy to be transferred to the general
26.15fund and reduce the succeeding year's levy for general purposes accordingly. Provided,
26.16however, counties, cities, and other governmental units political subdivisions whose
26.17financial affairs are required by statute or charter to be audited at regular intervals may
26.18levy annually or biennially in anticipation of the audit expense, without the presentment of
26.19such claim or estimate by the state auditor.

26.20    Sec. 22. Minnesota Statutes 2006, section 6.63, is amended to read:
26.216.63 APPLICATION.
26.22    The units of government set forth in sections 6.56, 6.465, 6.57, 6.59, 6.60, and 6.62
26.23shall be construed, where applicable, to include, in addition to those therein specifically
26.24named, public utility commissions, public corporations, and instrumentalities.

26.25    Sec. 23. Minnesota Statutes 2006, section 6.64, is amended to read:
26.266.64 COOPERATION WITH PUBLIC ACCOUNTANTS; PUBLIC
26.27ACCOUNTANT DEFINED.
26.28    There shall be mutual cooperation between the state auditor and public accountants
26.29in the performance of auditing, accounting, and other related services for counties, cities,
26.30towns, school districts, and other public corporations political subdivisions. For the
26.31purposes of sections 6.64 to 6.71 and section 6.756, the term public accountant shall have
26.32the meaning ascribed to it in section 412.222.

26.33    Sec. 24. Minnesota Statutes 2006, section 6.65, is amended to read:
26.346.65 MINIMUM PROCEDURES FOR AUDITORS, PRESCRIBED.
27.1    The state auditor shall prescribe minimum procedures and the audit scope for
27.2auditing the books, records, accounts, and affairs of counties and local governments
27.3political subdivisions in Minnesota. The minimum scope for audits of all local
27.4governments political subdivisions must include financial and legal compliance audits.
27.5Audits of all school districts must include a determination of compliance with uniform
27.6financial accounting and reporting standards. The state auditor shall promulgate an
27.7audit guide for legal compliance audits, in consultation with representatives of the state
27.8auditor, the attorney general, towns, cities, counties, school districts, and private sector
27.9public accountants.

27.10    Sec. 25. Minnesota Statutes 2006, section 6.66, is amended to read:
27.116.66 CERTAIN PRACTICES OF PUBLIC ACCOUNTANTS AUTHORIZED.
27.12    Any public accountant may engage in the practice of auditing the books, records,
27.13accounts, and affairs of counties, cities, towns, school districts, and other public
27.14corporations which political subdivisions that are not otherwise required by law to be
27.15audited exclusively by the state auditor.

27.16    Sec. 26. Minnesota Statutes 2006, section 6.67, is amended to read:
27.176.67 PUBLIC ACCOUNTANTS; REPORT OF EVIDENCE POINTING TO
27.18MISCONDUCT.
27.19    Whenever a public accountant in the course of auditing the books and affairs of a
27.20county, city, town, school district, or other public corporations, political subdivision shall
27.21discover evidence pointing to nonfeasance, misfeasance, or malfeasance, on the part of
27.22an officer or employee in the conduct of duties and affairs, the public accountant shall
27.23promptly make a report of such discovery to the state auditor and the county attorney of
27.24the county in which the governmental unit political subdivision is situated and the public
27.25accountant shall also furnish a copy of the report of audit upon completion to said officers.
27.26The county attorney shall act on such report in the same manner as required by law for
27.27reports made to the county attorney by the state auditor.

27.28    Sec. 27. Minnesota Statutes 2006, section 6.68, is amended to read:
27.296.68 STATE AUDITOR MAY ASSIST PUBLIC ACCOUNTANT IN AUDIT.
27.30    Subdivision 1. Request to governing body. If in an audit of a county, city, town,
27.31school district, or other public corporation, political subdivision a public accountant has
27.32need of the assistance of the state auditor, the accountant may obtain such assistance
27.33by requesting the governing body of the governmental unit political subdivision being
27.34examined to request the state auditor to perform such auditing or investigative services, or
27.35both, as the matter and the public interest require.
28.1    Subd. 2. Auditor's report; payment. The state auditor shall work in close
28.2cooperation with the public accountant in rendering the services so requested and the
28.3state auditor shall make such report of findings to the county attorney as is required by
28.4law to be made of nonfeasance, misfeasance, and malfeasance discovered by the state
28.5auditor. The governmental unit political subdivision shall be liable for the payment of
28.6such services so performed by the state auditor in the same manner as if it had requested
28.7the services pursuant to section 6.55.

28.8    Sec. 28. Minnesota Statutes 2006, section 6.70, is amended to read:
28.96.70 ACCESS TO REPORTS.
28.10    The state auditor and the public accountants shall have reasonable access to each
28.11other's audit reports, working papers, and audit programs concerning audits made by each
28.12of counties, cities, towns, school districts, and other public corporations the political
28.13subdivisions.

28.14    Sec. 29. Minnesota Statutes 2006, section 6.71, is amended to read:
28.156.71 SCOPE OF AUDITOR'S INVESTIGATION.
28.16    Whenever the governing body of a county, city, town, or school district political
28.17subdivision shall have requested a public accountant to make an audit of its books and
28.18affairs, and such audit is in progress or has been completed, and registered voters or
28.19electors petition or the governing body requests or both the state auditor to make an
28.20examination covering the same, or part of the same, period, the state auditor may, in the
28.21public interest, limit the scope of the examination to less than that specified in section
28.226.54 , but the scope shall cover, at least, an investigation of those complaints which are
28.23within the state auditor's powers and duties to investigate.

28.24    Sec. 30. [6.756] SPECIAL DISTRICTS; INFORMATION REQUIRED TO BE
28.25FILED WITH STATE AUDITOR; AUDITS.
28.26    Subdivision 1. Governance documents must be filed. Each special district must
28.27file with the state auditor, within 60 days of adoption, any document relating to the
28.28governance of the district, including articles of incorporation, bylaws, or agreements,
28.29and any amendment to these documents.
28.30    Subd. 2. Audit requirements. (a) A special district with total annual revenue
28.31greater than the threshold amount for cities under section 412.591, subdivision 3,
28.32paragraph (b), must provide for an annual audit of the district's financial affairs by the
28.33state auditor or a public accountant in accordance with minimum auditing procedures
28.34prescribed by the state auditor.
29.1    (b) A special district with total annual revenue that is equal to or less than the
29.2threshold amount for cities under section 412.591, subdivision 3, paragraph (b), must
29.3provide for an audit of the district's financial affairs by the state auditor or a public
29.4accountant in accordance with minimum audit procedures prescribed by the state auditor
29.5at least once every five years. The audit must be for a one-year period to be determined
29.6at random by the person conducting the audit. The audited financial statement must be
29.7prepared in a form prescribed by the state auditor similar to the reporting requirements for
29.8cities under 2,500 in population. For any year in which a special district is not audited,
29.9the district must prepare a financial statement in a form prescribed by the state auditor
29.10similar to the reporting requirements for cities reporting on a cash basis and file that
29.11statement with the state auditor.
29.12    (c) This subdivision does not apply to a special district subject to financial auditing
29.13and reporting requirements under other law.
29.14    Subd. 3. Presentation to governing board; filing with state auditor. Except as
29.15provided by other law, financial statements and audits must be completed, presented to the
29.16district's governing board, and filed with the state auditor within 180 days after the end of
29.17the district's fiscal year.

29.18    Sec. 31. Minnesota Statutes 2006, section 6.76, is amended to read:
29.196.76 LOCAL GOVERNMENTAL POLITICAL SUBDIVISION
29.20EXPENDITURES FOR LOBBYISTS.
29.21    (a) On or before January 31 of each year, all counties, cities, school districts,
29.22metropolitan agencies, regional railroad authorities, and the Metropolitan Council political
29.23subdivisions shall report to the state auditor, on forms prescribed by the auditor, their
29.24estimated expenditures paid for the previous calendar year to a lobbyist as defined in
29.25section 10A.01, subdivision 21, except payments to associations of local governments
29.26political subdivisions that are reported under paragraph (b), and to any staff person not
29.27registered as a lobbyist, over 25 percent of whose time is spent during the legislative
29.28session on legislative matters.
29.29    (b) Associations of local governments political subdivisions subject to this section
29.30shall report annually, on or before January 31, to the state auditor and the association's
29.31members the proportionate amount of each member's dues spent for lobbying purposes.
29.32    (c) For purposes of this section, "political subdivision" has the meaning given in
29.33section 6.465, but also includes a metropolitan or regional agency or a public corporation
29.34audited by the legislative auditor.

29.35    Sec. 32. [8.37] ASSISTANCE TO VETERANS.
30.1    The attorney general may advise and assist veterans and their families as to services
30.2available from public and private agencies. For purposes of this section, "veteran" means
30.3any veteran or active member of the United States armed services, including the National
30.4Guard and Reserves.

30.5    Sec. 33. Minnesota Statutes 2006, section 10A.01, subdivision 26, is amended to read:
30.6    Subd. 26. Noncampaign disbursement. "Noncampaign disbursement" means
30.7a purchase or payment of money or anything of value made, or an advance of credit
30.8incurred, or a donation in kind received, by a principal campaign committee for any of
30.9the following purposes:
30.10    (1) payment for accounting and legal services;
30.11    (2) return of a contribution to the source;
30.12    (3) repayment of a loan made to the principal campaign committee by that
30.13committee;
30.14    (4) return of a public subsidy;
30.15    (5) payment for food, beverages, entertainment, and facility rental for a fund-raising
30.16event;
30.17    (6) services for a constituent by a member of the legislature or a constitutional officer
30.18in the executive branch, including the costs of preparing and distributing a suggestion or
30.19idea solicitation to constituents, performed from the beginning of the term of office to
30.20adjournment sine die of the legislature in the election year for the office held, and half
30.21the cost of services for a constituent by a member of the legislature or a constitutional
30.22officer in the executive branch performed from adjournment sine die to 60 days after
30.23adjournment sine die;
30.24    (7) payment for food and beverages consumed by a candidate or volunteers while
30.25they are engaged in campaign activities;
30.26    (8) payment for food or a beverage consumed while attending a reception or meeting
30.27directly related to legislative duties;
30.28    (9) payment of expenses incurred by elected or appointed leaders of a legislative
30.29caucus in carrying out their leadership responsibilities;
30.30    (10) payment by a principal campaign committee of the candidate's expenses for
30.31serving in public office, other than for personal uses;
30.32    (11) costs of child care for the candidate's children when campaigning;
30.33    (12) fees paid to attend a campaign school;
30.34    (13) costs of a postelection party during the election year when a candidate's name
30.35will no longer appear on a ballot or the general election is concluded, whichever occurs
30.36first;
31.1    (14) interest on loans paid by a principal campaign committee on outstanding loans;
31.2    (15) filing fees;
31.3    (16) post-general election thank-you notes or advertisements in the news media;
31.4    (17) the cost of campaign material purchased to replace defective campaign material,
31.5if the defective material is destroyed without being used;
31.6    (18) contributions to a party unit;
31.7    (19) payments for funeral gifts or memorials;
31.8    (20) the cost of a magnet less than six inches in diameter containing legislator
31.9contact information and distributed to constituents; and
31.10    (21) other purchases or payments specified in board rules or advisory opinions as
31.11being for any purpose other than to influence the nomination or election of a candidate or
31.12to promote or defeat a ballot question.; and
31.13    (22) the candidate's expenses for attending a state convention of a political party.
31.14    The board must determine whether an activity involves a noncampaign disbursement
31.15within the meaning of this subdivision.
31.16    A noncampaign disbursement is considered to be made in the year in which the
31.17candidate made the purchase of goods or services or incurred an obligation to pay for
31.18goods or services.

31.19    Sec. 34. [12.62] MINNESOTA LEGISLATIVE COMMISSION ON TERRORISM
31.20AND DISASTER PREPAREDNESS.
31.21    Subdivision 1. Creation; duties. The Legislative Commission on Terrorism and
31.22Disaster Preparedness is established to:
31.23    (1) advise the legislature on issues related to homeland security, emergency
31.24management, man-made and natural disasters, terrorism, bioterrorism, public health
31.25emergencies, and vulnerabilities in the public and private infrastructures;
31.26    (2) oversee the disaster preparation activities of the Department of Health,
31.27Department of Public Safety, and any other state agency, office, commission, or board that
31.28is within the commission's purview, and make recommendations to these organizations of
31.29changes or additions to the organizations' disaster preparedness and risk reduction work
31.30plans that the commission deems advisable; and
31.31    (3) make policy and finance recommendations to improve the state's public and
31.32private capacity to prevent, respond to, and recover from man-made and natural threats to
31.33the state.
31.34    Subd. 2. Membership. (a) The commission consists of:
31.35    (1) three members of the house of representatives, one of whom must be a member
31.36of the minority party, to be appointed by the speaker of the house of representatives;
32.1    (2) three members of the senate, one of whom must be a member of the minority
32.2party, to be appointed by the senate majority leader;
32.3    (3) the commissioner of public safety, or a designee, as an ex-officio member;
32.4    (4) the commissioner of health, or a designee, as an ex-officio member;
32.5    (5) the attorney general, or a designee, as an ex-officio member;
32.6    (6) two citizen members with relevant expertise, selected by the speaker of the
32.7house of representatives;
32.8    (7) two citizen members with relevant expertise, selected by the senate majority
32.9leader;
32.10    (8) two citizen members, selected by the speaker of the house of representatives; and
32.11    (9) two citizen members, selected by the senate majority leader.
32.12    (b) Members serve for a term expiring at the close of each regular session of the
32.13legislature but continue to serve until their successors are appointed. Members may be
32.14reappointed. The appointing authority shall fill vacancies.
32.15    (c) One member, elected by a majority of members, shall serve as the commission
32.16chair. The commission chair should have relevant subject matter education, training, and
32.17experience. The commission is authorized to elect a vice-chair and other officers as it
32.18deems necessary. The commission shall determine the duties of each officer.
32.19    (d) The commission chair shall convene meetings of the commission on a regular
32.20basis.
32.21    Subd. 3. Compensation. Compensation of legislative members is as provided in
32.22section 3.101. Compensation of the remaining members is as provided in section 15.0575.
32.23    Subd. 4. Staff. The commission may appoint and fix the compensation of such
32.24additional legal and other personnel and consultants or contract for services to supply
32.25necessary data as may be necessary to enable the commission to carry out its functions.
32.26    Subd. 5. Data from state agencies; availability. The commission may request
32.27information from any state officer or agency or political subdivision of the state in order to
32.28assist the commission in carrying out its duties and the state officer, agency, or subdivision
32.29must promptly furnish any data required, subject to applicable requirements or restrictions
32.30imposed by chapter 13 and section 15.17.
32.31    Subd. 6. Report. By January 15 of each year, the commission must submit a
32.32report that contains the commission's policy and appropriation recommendations to the
32.33legislature, the commissioner of health, and the commissioner of public safety.
32.34    Subd. 7. Repeal. This section is repealed June 30, 2011.
33.1EFFECTIVE DATE.This section is effective July 1, 2007.

33.2    Sec. 35. [13.595] GRANTS.
33.3    Subdivision 1. Definitions. For purposes of this section, the following terms have
33.4the meanings given them.
33.5    (a) "Completion of the evaluation process" means that the granting agency has
33.6completed negotiating the grant agreement with the selected grantee.
33.7    (b) "Grant agreement" means the document that details the responsibilities of the
33.8grantee and the granting agency and the value to be provided to the grantee.
33.9    (c) "Grantee" means a person that applies for or receives a grant.
33.10    (d) "Granting agency" means the government entity that provides the grant.
33.11    (e) "Opened" means the act that occurs once the deadline for submitting a response
33.12to a proposal to the granting agency has been reached.
33.13    (f) "Request for proposal" means the data outlining the responsibilities the granting
33.14agency wants the grantee to assume.
33.15    (g) "Response" means the data submitted by a grantee as required by a request for
33.16proposal.
33.17    Subd. 2. Request for applications. Data created by a granting agency to create a
33.18request for proposal is classified as nonpublic until the request for proposal is published.
33.19To the extent that a granting agency involves persons outside the granting agency to create
33.20the request for proposal, the data remain nonpublic in the hands of all persons who may
33.21not further disseminate any data that are created or reviewed as part of the request for
33.22proposal development. At publication, the data in the request for proposal is public.
33.23    Subd. 3. Responses to request for proposals. (a) Responses submitted by a grantee
33.24are private or nonpublic until the responses are opened. Once the responses are opened,
33.25the name and address of the grantee and the amount requested is public. All other data in a
33.26response is private or nonpublic data until completion of the evaluation process. After a
33.27granting agency has completed the evaluation process, all remaining data in the responses
33.28is public with the exception of trade secret data as defined and classified in section 13.37.
33.29A statement by a grantee that the response is copyrighted or otherwise protected does
33.30not prevent public access to the response.
33.31    (b) If all responses are rejected prior to completion of the evaluation process,
33.32all data, other than that made public at the opening, remain private or nonpublic
33.33until a resolicitation of proposals results in completion of the evaluation process or a
33.34determination is made to abandon the grant. If the rejection occurs after the completion of
34.1the evaluation process, the data remain public. If a resolicitation of proposals does not
34.2occur within one year of the grant opening date, the remaining data become public.
34.3    Subd. 4. Evaluation data. (a) Data created or maintained by a granting agency as
34.4part of the evaluation process referred to in this section are protected nonpublic data until
34.5completion of the evaluation process at which time the data are public with the exception
34.6of trade secret data as defined and classified in section 13.37.
34.7    (b) If a granting agency asks individuals outside the granting agency to assist with
34.8the evaluation of the responses, the granting agency may share not public data in the
34.9responses with those individuals. The individuals participating in the evaluation may not
34.10further disseminate the not public data they review.

34.11    Sec. 36. Minnesota Statutes 2006, section 13.605, subdivision 1, is amended to read:
34.12    Subdivision 1. Legislative and budget proposal data. (a) Definition. As used
34.13in this section, "state administration" means the governor's office, the Department of
34.14Finance, and any state agency that is under the direct control of the governor.
34.15    (b) Classifications. Legislative and budget proposals, including preliminary
34.16drafts, that are created, collected, or maintained by the state administration are protected
34.17nonpublic data. After until the budget is presented to the legislature by the state
34.18administration, supporting data, including agency requests, and are public data after the
34.19budget is presented to the legislature. Supporting data do not include preliminary drafts.
34.20The state administration may disclose any of the data within the state administration and
34.21to the public at any time if disclosure would aid the administration in considering and
34.22preparing its proposals.

34.23    Sec. 37. [15B.055] PARKING SPACES.
34.24    To provide the public with greater access to legislative proceedings, all parking
34.25spaces on Aurora Avenue in front of the Capitol building must be reserved for the public.

34.26    Sec. 38. Minnesota Statutes 2006, section 15B.17, subdivision 1, is amended to read:
34.27    Subdivision 1. Proposals. (a) Before a state agency or other public body develops,
34.28to submit to the legislature and the governor, a budget proposal or plans for capital
34.29improvements within the Capitol Area to submit to the legislature and the governor,
34.30it must consult with the board.
34.31    (b) The public body must provide enough money for the board's review and planning
34.32if the board decides its review and planning services are necessary. Money received by the
34.33board under this subdivision is deposited in the special revenue fund and appropriated to
34.34the board.

34.35    Sec. 39. Minnesota Statutes 2006, section 16A.103, subdivision 1e, is amended to read:
35.1    Subd. 1e. Economic information. The commissioner must review economic
35.2information including economic forecasts with legislative fiscal staff no later than two
35.3weeks before the forecast is released. The commissioner must invite the chairs and lead
35.4minority members of the senate State Government Finance Committee and the house
35.5Ways and Means Committee, and legislative fiscal staff to attend any meetings held with
35.6outside economic advisors. The commissioner must provide legislative fiscal staff with
35.7monthly economic forecast information received from outside sources.

35.8    Sec. 40. [16A.104] BASE BUDGET DETAIL.
35.9    Within one week of the release of the budget forecasts required in section 16A.103
35.10in November of an even-numbered year and February of an odd-numbered year, the
35.11commissioner of finance must provide to the legislature information that illustrates how the
35.12base level budget for the next biennium is projected to be spent. In designing the report,
35.13the commissioner must consult with the chairs of the house of representatives and senate
35.14Finance Committees and the house of representatives Committee on Ways and Means.

35.15    Sec. 41. [16A.107] CASH FLOW FORECAST.
35.16    Within two weeks after the November forecast of state revenue and expenditures
35.17under section 16A.103, the commissioner shall deliver to the governor and the legislature
35.18a forecast of cash flow for the general fund, showing the expected maximum and minimum
35.19cash balance in the fund for each month of the forecast period.

35.20    Sec. 42. Minnesota Statutes 2006, section 16A.11, is amended by adding a subdivision
35.21to read:
35.22    Subd. 3d. Budget bills. The necessary bills to implement the governor's operating
35.23budget must be submitted to the legislature within two weeks after the operating budget
35.24was submitted. The necessary bills to implement the governor's capital budget must be
35.25submitted to the legislature within two weeks after the capital budget was submitted.

35.26    Sec. 43. [16A.117] CONTINUING APPROPRIATIONS.
35.27    If a major appropriation bill to fund a given state agency for the next biennium has
35.28not been passed in the same form by the house of representatives and senate and been
35.29presented to the governor before July 1 of an odd-numbered year, amounts sufficient to
35.30continue operation of that agency and the programs administered by that agency through
35.31July 31 of the fiscal year beginning in the same calendar year at the base level for that
35.32fiscal year, as determined according to section 16A.11, subdivision 3, and previous
35.33appropriation acts, are appropriated to the agency from the appropriate funds and accounts
35.34in the state treasury. The base level for an appropriation that was designated as onetime or
35.35was onetime in nature is zero. Determination of the amount appropriated may be made
36.1on a proration of the annual amount or another reasonable basis as determined by the
36.2commissioner of finance.

36.3    Sec. 44. Minnesota Statutes 2006, section 16A.1286, subdivision 2, is amended to read:
36.4    Subd. 2. Billing procedures. The commissioner may bill up to $7,520,000 in
36.5each fiscal year for statewide systems services provided to state agencies, judicial branch
36.6agencies, the University of Minnesota, the Minnesota State Colleges and Universities,
36.7and other entities. Billing must be based only on usage of services relating to statewide
36.8systems provided by the Intertechnologies Division. Each agency shall transfer from
36.9agency operating appropriations to the statewide systems account the amount billed by
36.10the commissioner. Billing policies and procedures related to statewide systems services
36.11must be developed by the commissioner in consultation with the commissioners of
36.12employee relations and administration, the University of Minnesota, and the Minnesota
36.13State Colleges and Universities.

36.14    Sec. 45. [16B.327] DEFINITIONS.
36.15    Subdivision 1. Application. For the purposes of section 16B.328, the definitions
36.16in this section have the meanings given.
36.17    Subd. 2. Energy conservation. "Energy conservation" means reducing energy use
36.18and includes: (1) using a light with lower wattage; and (2) using devices such as time
36.19controls, motion detectors, or on and off switches that limit unnecessary use of lighting.
36.20    Subd. 3. Cutoff luminaire. "Cutoff luminaire" means a luminaire in which 2.5
36.21percent or less of the lamp lumens are emitted above a horizontal plane through the
36.22luminaire's lowest part and ten percent or less of the lamp lumens are emitted at a vertical
36.23angle 80 degrees above the luminaire's lowest point.
36.24    Subd. 4. Light pollution. "Light pollution" means the shining of light produced by
36.25a luminaire above the height of the luminaire and into the sky.
36.26    Subd. 5. Lumen. "Lumen" means a unit of luminous flux. One footcandle is one
36.27lumen per square foot. For purposes of section 16B.328, the lumen-output values are
36.28the initial lumen output rating of the lamp.
36.29    Subd. 6. Luminaire "Luminaire" means a complete lighting unit consisting of a
36.30light source and all necessary mechanical, electrical, and decorative parts.
36.31    Subd. 7. Outdoor lighting fixture. "Outdoor lighting fixture" means any type of
36.32fixed or movable lighting equipment that is designed or used for illumination outdoors.
36.33The term includes billboard lighting, streetlights, searchlights, and other lighting used for
36.34advertising purposes and area lighting. The term does not include lighting equipment
37.1that is required by law to be installed on motor vehicles or lighting required for the safe
37.2operation of aircraft.

37.3    Sec. 46. [16B.328] STANDARDS FOR STATE FUNDED OUTDOOR LIGHTING
37.4FIXTURES; MODEL ORDINANCE.
37.5    Subdivision 1. Outdoor lighting fixtures. (a) An outdoor lighting fixture may be
37.6installed or replaced using state funds only if:
37.7    (1) the new or replacement outdoor lighting fixture is a cutoff luminaire if the rated
37.8output of the outdoor lighting fixture is greater than 1,800 lumens;
37.9    (2) the minimum illuminance adequate for the intended purpose is used with
37.10consideration given to nationally recognized standards;
37.11    (3) for lighting of a designated highway of the state highway system, the Department
37.12of Transportation determines that the purpose of the outdoor lighting fixture cannot be
37.13achieved by the installation of reflective road markers, lines, warning or informational
37.14signs, or other effective passive methods; and
37.15    (4) full consideration has been given to energy conservation and savings, reducing
37.16glare, minimizing light pollution, and preserving the natural night environment.
37.17    (b) Paragraph (a) does not apply if:
37.18    (1) a federal law, rule, or regulation preempts state law;
37.19    (2) the outdoor lighting fixture is used on a temporary basis because emergency
37.20personnel require additional illumination for emergency procedures;
37.21    (3) the outdoor lighting fixture is used on a temporary basis for nighttime work;
37.22    (4) special events or situations require additional illumination, provided that the
37.23illumination installed shields the outdoor lighting fixtures from direct view and minimizes
37.24upward lighting and light pollution;
37.25    (5) the outdoor lighting fixture is used solely to highlight the aesthetic aspects of
37.26a single object or distinctive building; or
37.27    (6) a compelling safety interest exists that cannot be addressed by another method.
37.28    (c) This subdivision does not apply to the operation and maintenance of lights or
37.29lighting systems purchased or installed, or for which design work is completed, before
37.30August 1, 2007.
37.31    (d) This section does not apply if a state agency or local unit of government
37.32determines that compliance with this section would:
37.33    (i) require an increased use of electricity;
37.34    (ii) increase the construction cost of a lighting system more than 15 percent over the
37.35construction cost of a lighting system that does not comply with this section;
38.1    (iii) increase the cost of operation and maintenance of the lighting system more than
38.2ten percent over the cost of operating and maintaining the existing lighting system over
38.3the life of the lighting system; or
38.4    (iv) result in a negative safety impact.
38.5    Subd. 2. Model ordinance. The commissioner of administration, in consultation
38.6with the commissioner of commerce, associations for local governments, and any other
38.7interested person, shall develop a model ordinance that can be adapted for use by cities,
38.8counties, and towns, governing outdoor lighting to reduce light pollution. The model
38.9ordinance must include provisions addressing elements similar to those in subdivision 1.
38.10In addition, the model ordinance must address:
38.11    (1) standards for lighting on private property, outdoor advertising, lighting on
38.12commercial, industrial, or institutional property, canopies covering fueling stations, and
38.13public streets, sidewalks, and alleys;
38.14    (2) how illumination levels should be measured;
38.15    (3) possible exemptions, such as for temporary emergency or hazard lighting;
38.16    (4) recommended elements for an exterior lighting plan for a development;
38.17    (5) treatment of nonconforming lighting;
38.18    (6) lighting standards that might apply in special subdistricts;
38.19    (7) light pole maximum heights; and
38.20    (8) light trespass.

38.21    Sec. 47. Minnesota Statutes 2006, section 16B.35, subdivision 1, is amended to read:
38.22    Subdivision 1. Percent of appropriations for art. An appropriation for the
38.23construction or alteration of any state building may contain an amount not to exceed
38.24the lesser of $100,000 or one percent of the total appropriation for the building for the
38.25acquisition of works of art, excluding landscaping, which may be an integral part of the
38.26building or its grounds, attached to the building or grounds or capable of being displayed
38.27in other state buildings. If the appropriation for works of art is limited by the $100,000
38.28cap in this section, the appropriation for the construction or alteration of the building must
38.29be reduced to reflect the reduced amount that will be spent on works of art. Money used
38.30for this purpose is available only for the acquisition of works of art to be exhibited in areas
38.31of a building or its grounds accessible, on a regular basis, to members of the public. No
38.32more than ten percent of the total amount available each fiscal year under this subdivision
38.33may be used for administrative expenses, either by the commissioner of administration or
38.34by any other entity to whom the commissioner delegates administrative authority. For the
38.35purposes of this section "state building" means a building the construction or alteration of
38.36which is paid for wholly or in part by the state.
39.1EFFECTIVE DATE.This section is effective July 1, 2007. The repeal of the
39.2$100,000 limit in this section applies to appropriations made before, on, or after that date.

39.3    Sec. 48. [16B.97] GRANTS MANAGEMENT.
39.4    Subdivision 1. Grant agreement. (a) A grant agreement is a written instrument
39.5or electronic document defining a legal relationship between a granting agency and a
39.6grantee when the principal purpose of the relationship is to transfer cash or something of
39.7value to the recipient to support a public purpose authorized by law instead of acquiring
39.8by professional/technical contract, purchase, lease, or barter property or services for the
39.9direct benefit or use of the granting agency.
39.10    (b) This section does not apply to capital project grants to political subdivisions as
39.11defined by section 16A.86.
39.12    Subd. 2. Grants governance. The commissioner shall provide leadership and
39.13direction for policy related to grants management in Minnesota in order to foster more
39.14consistent, streamlined interaction between executive agencies, funders, and grantees that
39.15will enhance access to grant opportunities and information and lead to greater program
39.16accountability and transparency. The commissioner has the duties and powers stated in this
39.17section. An executive agency must do what the commissioner requires under this section.
39.18    Subd. 3. Discretionary powers. The commissioner has the authority to:
39.19    (1) review grants management practices and propose policy and procedure
39.20improvements to the governor, legislature, executive agencies, and the federal government;
39.21    (2) sponsor, support, and facilitate innovative and collaborative grants management
39.22projects with public and private organizations;
39.23    (3) review, recommend, and implement alternative strategies for grants management;
39.24    (4) collect and disseminate information, issue reports relating to grants management,
39.25and sponsor and conduct conferences and studies; and
39.26    (5) participate in conferences and other appropriate activities related to grants
39.27management issues.
39.28    Subd. 4. Duties. (a) The commissioner shall:
39.29    (1) create general grants management policies and procedures that are applicable to
39.30all executive agencies. The commissioner may approve exceptions to these policies and
39.31procedures for particular grant programs. Exceptions shall expire or be renewed after five
39.32years. Executive agencies shall retain management of individual grants programs;
39.33    (2) provide a central point of contact concerning statewide grants management
39.34policies and procedures;
40.1    (3) serve as a resource to executive agencies in such areas as training, evaluation,
40.2collaboration, and best practices in grants management;
40.3    (4) ensure grants management needs are considered in the development, upgrade,
40.4and use of statewide administrative systems and leverage existing technology whereever
40.5possible;
40.6    (5) oversee and approve future professional and technical service contracts and
40.7other information technology spending related to executive agency grants management
40.8activities;
40.9    (6) provide a central point of contact for comments about executive agencies
40.10violating statewide grants governance policies and about fraud and waste in grants
40.11processes;
40.12    (7) forward received comments to the appropriate agency for further action, and
40.13may follow up as necessary; and
40.14    (8) provide a single listing of all available executive agency competitive grant
40.15opportunities and resulting grant recipients.
40.16    (b) The commissioner may determine that it is cost-effective for agencies to develop
40.17and use shared grants management technology systems. This system would be governed
40.18under section 16E.01, subdivision 3, paragraph (b).

40.19    Sec. 49. [16B.98] GRANT AGREEMENTS.
40.20    Subdivision 1. Limitation. As a condition of receiving a grant from an appropriation
40.21of state funds, the recipient of the grant must agree to minimize administrative costs. The
40.22granting agency is responsible for negotiating appropriate limits to these costs so that the
40.23state derives the optimum benefit for grant funding.
40.24    Subd. 2. Ethical practices and conflict of interest. An employee of the executive
40.25branch involved directly or indirectly in grants processes, at any level, is subject to the
40.26code of ethics in section 43A.38.
40.27    Subd. 3. Conflict of interest. (a) The commissioner must develop policies
40.28regarding code of ethics and conflict of interest designed to prevent conflicts of interest
40.29for employees, committee members, or others involved in the recommendation, award,
40.30and administration of grants. The policies must apply to employees who are directly or
40.31indirectly in the grants process, which may include the following:
40.32    (1) developing request for proposals or evaluation criteria;
40.33    (2) drafting, recommending, awarding, amending, revising, or entering into grant
40.34agreements;
40.35    (3) evaluating or monitoring performance; or
41.1    (4) authorizing payments.
41.2    (b) The policies must include:
41.3    (1) a process to make all parties to the grant aware of policies and laws relating to
41.4conflict of interest, and training on how to avoid and address potential conflicts; and
41.5    (2) a process under which those who have a conflict of interest or a potential conflict
41.6of interest must disclose the matter.
41.7    (c) If the employee, appointing authority, or commissioner determines that a conflict
41.8of interest exists, the matter shall be assigned to another employee who does not have a
41.9conflict of interest. If it is not possible to assign the matter to an employee who does not
41.10have a conflict of interest, interested personnel shall be notified of the conflict and the
41.11employee may proceed with the assignment.
41.12    Subd. 4. Reporting of violations. A state employee who discovers evidence
41.13of violation of laws or rules governing grants is encouraged to report the violation or
41.14suspected violation to the employee's supervisor, the commissioner or the commissioner's
41.15designee, or the legislative auditor. The legislative auditor shall report to the Legislative
41.16Audit Commission if there are multiple complaints about the same agency. The auditor's
41.17report to the Legislative Audit Commission under this section must disclose only the
41.18number and type of violations alleged. An employee making a good faith report under this
41.19section has the protections provided for under section 181.932, prohibiting the employer
41.20from discriminating against the employee.
41.21    Subd. 5. Creation and validity of grant agreements. (a) A grant agreement is
41.22not valid and the state is not bound by the grant unless:
41.23    (1) the grant has been executed by the head of the agency or a delegate who is
41.24party to the grant; and
41.25    (2) the accounting system shows an encumbrance for the amount of the grant in
41.26accordance with policy approved by the commissioner.
41.27    (b) The combined grant agreement and amendments must not exceed five years
41.28without specific, written approval by the commissioner according to established policy,
41.29procedures, and standards, or unless the commissioner determines that a longer duration is
41.30in the best interest of the state.
41.31    (c) A fully executed copy of the grant agreement with all amendments and other
41.32required records relating to the grant must be kept on file at the granting agency for a time
41.33equal to that required of grantees in subdivision 8.
41.34    (d) Grant agreements must comply with policies established by the commissioner
41.35for minimum grant agreement standards and practices.
42.1    (e) The attorney general may periodically review and evaluate a sample of state
42.2agency grants to ensure compliance with applicable laws.
42.3    Subd. 6. Grant administration. A granting agency shall diligently administer
42.4and monitor any grant it has entered into.
42.5    Subd. 7. Grant payments. Payments to the grantee may not be issued until the
42.6grant agreement is fully executed.
42.7    Subd. 8. Audit. (a) A grant agreement made by an executive agency must include
42.8an expressed or implied audit clause that provides that the books, records, documents,
42.9and accounting procedures and practices of the grantee or other party that are relevant to
42.10the grant or transaction are subject to examination by the granting agency and either the
42.11legislative auditor or the state auditor, as appropriate, for a minimum of six years from the
42.12grant agreement end date, receipt and approval of all final reports, or the required period
42.13of time to satisfy all state and program retention requirements, whichever is later.
42.14    (b) If the granting agency is a local unit of government, and the governing body of
42.15the local unit of government requests that the state auditor examine the books, records,
42.16documents, and accounting procedures and practices of the grantee or other party
42.17according to this subdivision, the granting agency shall be liable for the cost of the
42.18examination. If the granting agency is a local unit of government, and the grantee or other
42.19party requests that the state auditor examine all books, records, documents, and accounting
42.20procedures and practices related to the grant, the grantee or other party that requested the
42.21examination shall be liable for the cost of the examination.
42.22    Subd. 9. Authority of attorney general. The attorney general may pursue
42.23remedies available by law to avoid the obligation of an agency to pay under a grant or to
42.24recover payments made if activities under the grant are so unsatisfactory, incomplete, or
42.25inconsistent that payment would involve unjust enrichment. The contrary opinion of the
42.26granting agency does not affect the power of the attorney general under this subdivision.
42.27    Subd. 10. Grants with Indian tribes and bands. Notwithstanding any other law,
42.28an agency may not require an Indian tribe or band to deny its sovereignty as a requirement
42.29or condition of a grant with an agency.

42.30    Sec. 50. Minnesota Statutes 2006, section 16C.02, is amended by adding a subdivision
42.31to read:
42.32    Subd. 3a. Best and final offer. "Best and final offer" means an optional step in
42.33the solicitation process in which responders are requested to improve their response by
42.34methods including, but not limited to, the reduction of cost, clarification or modification of
42.35the response, or the provision of additional information.

43.1    Sec. 51. Minnesota Statutes 2006, section 16C.02, subdivision 4, is amended to read:
43.2    Subd. 4. Best value. "Best value" describes a result intended in the acquisition of all
43.3goods and services. Price must be one of the evaluation criteria when acquiring goods
43.4and services. Other evaluation criteria may include, but are not limited to, environmental
43.5considerations, quality, and vendor performance. In achieving "best value" strategic
43.6sourcing tools, including but not limited to best and final offers, negotiations, contract
43.7consolidation, product standardization, and mandatory-use enterprise contracts shall be
43.8used at the commissioner's discretion.

43.9    Sec. 52. Minnesota Statutes 2006, section 16C.02, is amended by adding a subdivision
43.10to read:
43.11    Subd. 6a. Enterprise procurement. "Enterprise procurement" means the process
43.12undertaken by the commissioner to leverage economies of scale of multiple end users to
43.13achieve cost savings and other favorable terms in contracts for goods and services.

43.14    Sec. 53. Minnesota Statutes 2006, section 16C.02, subdivision 12, is amended to read:
43.15    Subd. 12. Request for proposal or RFP. "Request for proposal" or "RFP" means a
43.16solicitation in which it is not advantageous to set forth all the actual, detailed requirements
43.17at the time of solicitation and responses are subject to negotiation negotiated to achieve
43.18best value for the state.

43.19    Sec. 54. Minnesota Statutes 2006, section 16C.02, subdivision 14, is amended to read:
43.20    Subd. 14. Response. "Response" means the offer received from a vendor in
43.21response to a solicitation. A response includes submissions commonly referred to as
43.22"offers," "bids," "quotes," or "proposals.," "best and final offers," or "negotiated offers."

43.23    Sec. 55. Minnesota Statutes 2006, section 16C.02, is amended by adding a subdivision
43.24to read:
43.25    Subd. 20. Strategic sourcing. "Strategic sourcing" means methods used to
43.26analyze and reduce spending on goods and services, including but not limited to
43.27spend analysis, product standardization, contract consolidation, negotiations, multiple
43.28jurisdiction purchasing alliances, reverse and forward auctions, life-cycle costing, and
43.29other techniques.

43.30    Sec. 56. Minnesota Statutes 2006, section 16C.03, subdivision 2, is amended to read:
43.31    Subd. 2. Rulemaking authority. Subject to chapter 14, the commissioner may
43.32adopt rules, consistent with this chapter and chapter 16B, relating to the following topics:
43.33    (1) procurement process including solicitations and responses to solicitations, bid
43.34security, vendor errors, opening of responses, award of contracts, tied bids, and award
43.35protest process;
44.1    (2) contract performance and failure to perform;
44.2    (3) authority to debar or suspend vendors, and reinstatement of vendors;
44.3    (4) contract cancellation;
44.4    (5) procurement from rehabilitation facilities; and
44.5    (6) organizational conflicts of interest.

44.6    Sec. 57. Minnesota Statutes 2006, section 16C.03, subdivision 4, is amended to read:
44.7    Subd. 4. Contracting authority. The commissioner shall conduct all contracting by,
44.8for, and between agencies and perform all contract management and review functions for
44.9contracts, except those functions specifically delegated to be performed by the contracting
44.10agency, the attorney general, or otherwise provided for by law. The commissioner may
44.11require that agency staff participate in the development of enterprise procurements
44.12including the development of product standards, specifications and other requirements.

44.13    Sec. 58. Minnesota Statutes 2006, section 16C.03, subdivision 8, is amended to read:
44.14    Subd. 8. Policy and procedures. The commissioner is authorized to issue policies,
44.15procedures, and standards applicable to all acquisition activities by and for agencies.
44.16Consistent with the authority specified in this chapter, the commissioner shall develop
44.17and implement policies, procedures, and standards ensuring the optimal use of strategic
44.18sourcing techniques.

44.19    Sec. 59. Minnesota Statutes 2006, section 16C.03, subdivision 16, is amended to read:
44.20    Subd. 16. Delegation of duties. The commissioner may delegate duties imposed by
44.21this chapter to the head of an agency and to any subordinate of the agency head. Delegated
44.22duties shall be exercised in the name of the commissioner and under the commissioner's
44.23direct supervision and control. A delegation of duties may include, but is not limited to,
44.24allowing individuals within agencies to acquire goods, services, and utilities within dollar
44.25limitations and for designated types of acquisitions. Delegation of contract management
44.26and review functions must be filed with the secretary of state and may not, except with
44.27respect to delegations within the Department of Administration, exceed two years in
44.28duration. The commissioner may withdraw any delegation at the commissioner's sole
44.29discretion. The commissioner may require an agency head or subordinate to accept
44.30delegated responsibility to procure goods or services intended for the exclusive use of the
44.31agency receiving the delegation.

44.32    Sec. 60. [16C.046] WEB SITE WITH SEARCHABLE DATABASE ON STATE
44.33CONTRACTS AND GRANTS.
44.34    (a) The commissioner of administration must maintain a Web site with a searchable
44.35database providing the public with information on state contracts, including grant
45.1contracts. The database must include the following information for each state contract
45.2valued in excess of $25,000:
45.3    (1) the name and address of the entity receiving the contract;
45.4    (2) the name of the agency entering into the contract;
45.5    (3) whether the contract is:
45.6    (i) for goods;
45.7    (ii) for professional or technical services;
45.8    (iii) for services other than professional and technical services; or
45.9    (iv) a grant;
45.10    (4) a brief statement of the purpose of the contract or grant;
45.11    (5) the amount of the contract or grant and the fund from which this amount will be
45.12paid; and
45.13    (6) the dollar value of state contracts, other than grants, the entity has received in each
45.14fiscal year and the dollar value of state grants the entity has received in each fiscal year.
45.15    (b) Required information on a new contract or grant must be entered into the
45.16database within 30 days of the time the contract is entered into.
45.17    (c) For purposes of this section, a "grant" is a contract between a state agency and
45.18a recipient, the primary purpose of which is to transfer cash or a thing of value to the
45.19recipient to support a public purpose. Grant does not include payments to units of local
45.20government, payments to state employees, or payments made under laws providing for
45.21assistance to individuals.
45.22    (d) The database must include information on grants and contracts entered into
45.23beginning with fiscal year 2008 funds, and must retain that data for ten years.
45.24EFFECTIVE DATE.This section is effective January 1, 2008.

45.25    Sec. 61. Minnesota Statutes 2006, section 16C.05, subdivision 1, is amended to read:
45.26    Subdivision 1. Agency cooperation. Agencies shall fully cooperate with the
45.27commissioner in the management and review of state contracts and in the development
45.28and implementation of strategic sourcing techniques.

45.29    Sec. 62. Minnesota Statutes 2006, section 16C.05, subdivision 2, is amended to read:
45.30    Subd. 2. Creation and validity of contracts. (a) A contract is not valid and the state
45.31is not bound by it and no agency, without the prior written approval of the commissioner
45.32granted pursuant to subdivision 2a, may authorize work to begin on it unless:
45.33    (1) it has first been executed by the head of the agency or a delegate who is a party
45.34to the contract;
45.35    (2) it has been approved by the commissioner; and
46.1    (3) the accounting system shows an encumbrance for the amount of the contract
46.2liability, except as allowed by policy approved by the commissioner and commissioner of
46.3finance for routine, low-dollar procurements.
46.4    (b) The combined contract and amendments must not exceed five years without
46.5specific, written approval by the commissioner according to established policy, procedures,
46.6and standards, or unless otherwise provided for by law. The term of the original contract
46.7must not exceed two years unless the commissioner determines that a longer duration is
46.8in the best interest of the state.
46.9    (c) Grants, interagency agreements, purchase orders, work orders, and annual plans
46.10need not, in the discretion of the commissioner and attorney general, require the signature
46.11of the commissioner and/or the attorney general. A signature is not required for work
46.12orders and amendments to work orders related to Department of Transportation contracts.
46.13Bond purchase agreements by the Minnesota Public Facilities Authority do not require
46.14the approval of the commissioner.
46.15    (d) Amendments to contracts must entail tasks that are substantially similar to
46.16those in the original contract or involve tasks that are so closely related to the original
46.17contract that it would be impracticable for a different contractor to perform the work. The
46.18commissioner or an agency official to whom the commissioner has delegated contracting
46.19authority under section 16C.03, subdivision 16, must determine that an amendment would
46.20serve the interest of the state better than a new contract and would cost no more.
46.21    (e) A fully executed copy of every contract, amendments to the contract, and
46.22performance evaluations relating to the contract must be kept on file at the contracting
46.23agency for a time equal to that specified for contract vendors and other parties in
46.24subdivision 5.
46.25    (f) The attorney general must periodically review and evaluate a sample of state
46.26agency contracts to ensure compliance with laws.

46.27    Sec. 63. Minnesota Statutes 2006, section 16C.08, is amended by adding a subdivision
46.28to read:
46.29    Subd. 1a. Notwithstanding section 15.061 or any other law, the commissioner
46.30shall, to the fullest extent practicable, conduct enterprise procurements that result in the
46.31establishment of professional or technical contracts for use by multiple state agencies. The
46.32commissioner is authorized to mandate use of any contract entered into as a result of an
46.33enterprise procurement process. Agencies shall fully cooperate in the development and
46.34use of contracts entered into under this section.

46.35    Sec. 64. Minnesota Statutes 2006, section 16C.08, subdivision 2, is amended to read:
47.1    Subd. 2. Duties of contracting agency. (a) Before an agency may seek approval of
47.2a professional or technical services contract valued in excess of $5,000, it must provide
47.3the following:
47.4    (1) a description of how the proposed contract or amendment is necessary and
47.5reasonable to advance the statutory mission of the agency;
47.6    (2) a description of the agency's plan to notify firms or individuals who may be
47.7available to perform the services called for in the solicitation; and
47.8    (3) a description of the performance measures or other tools that will be used to
47.9monitor and evaluate contract performance.; and
47.10    (4) an explanation detailing, if applicable, why this procurement is being pursued
47.11unilaterally by the agency and not as an enterprise procurement.
47.12    (b) In addition to paragraph (a), the agency must certify that:
47.13    (1) no current state employee is able and available to perform the services called
47.14for by the contract;
47.15    (2) the normal competitive bidding mechanisms will not provide for adequate
47.16performance of the services;
47.17    (3) reasonable efforts will be made to publicize the availability of the contract to
47.18the public;
47.19    (4) the agency will develop and implement a written plan providing for the
47.20assignment of specific agency personnel to manage the contract, including a monitoring
47.21and liaison function, the periodic review of interim reports or other indications of past
47.22performance, and the ultimate utilization of the final product of the services;
47.23    (5) the agency will not allow the contractor to begin work before the contract is fully
47.24executed unless an exception under section 16C.05, subdivision 2a, has been granted by
47.25the commissioner and funds are fully encumbered;
47.26    (6) the contract will not establish an employment relationship between the state or
47.27the agency and any persons performing under the contract; and
47.28    (7) in the event the results of the contract work will be carried out or continued by
47.29state employees upon completion of the contract, the contractor is required to include
47.30state employees in development and training, to the extent necessary to ensure that after
47.31completion of the contract, state employees can perform any ongoing work related to
47.32the same function.
47.33    (c) A contract establishes an employment relationship for purposes of paragraph (b),
47.34clause (6), if, under federal laws governing the distinction between an employee and an
47.35independent contractor, a person would be considered an employee.

47.36    Sec. 65. Minnesota Statutes 2006, section 16C.08, subdivision 4, is amended to read:
48.1    Subd. 4. Reports. (a) The commissioner shall submit to the governor, the chairs of
48.2the house Ways and Means and senate Finance Committees, and the Legislative Reference
48.3Library a yearly listing of all contracts for professional or technical services executed.
48.4The report must identify the contractor, contract amount, duration, and services to be
48.5provided. The commissioner shall also issue yearly reports summarizing the contract
48.6review activities of the department by fiscal year.
48.7    (b) The fiscal year report must be submitted by September 1 of each year and must:
48.8    (1) be sorted by agency and by contractor;
48.9    (2) show the aggregate value of contracts issued by each agency and issued to each
48.10contractor;
48.11    (3) distinguish between contracts that are being issued for the first time and contracts
48.12that are being extended;
48.13    (4) state the termination date of each contract;
48.14    (5) identify services by commodity code, including topics such as contracts for
48.15training, contracts for research and opinions, and contracts for computer systems; and
48.16    (6) identify which contracts were awarded without following the solicitation process
48.17in this chapter because it was determined that there was only a single source for the
48.18services.
48.19    (c) Within 30 days of final completion of a contract over $50,000 covered by this
48.20subdivision, the head of the agency entering into the contract must submit a one-page
48.21report to the commissioner who must submit a copy to the Legislative Reference Library.
48.22The report must:
48.23    (1) summarize the purpose of the contract, including why it was necessary to enter
48.24into a contract;
48.25    (2) state the amount spent on the contract;
48.26    (3) be accompanied by the performance evaluation prepared according to subdivision
48.274a; and
48.28    (4) (3) if the contract was awarded without following the solicitation process in this
48.29chapter because it was determined that there was only a single source for the services,
48.30explain why the agency determined there was only a single source for the services.; and
48.31    (4) include a written performance evaluation of the work done under the contract.
48.32The evaluation must include an appraisal of the contractor's timeliness, quality, cost, and
48.33overall performance in meeting the terms and objectives of the contract. Contractors may
48.34request copies of evaluations prepared under this subdivision and may respond in writing.
48.35Contractor responses must be maintained with the contract file.

49.1    Sec. 66. Minnesota Statutes 2006, section 16C.08, is amended by adding a subdivision
49.2to read:
49.3    Subd. 4b. Limitations on actions. No action may be maintained by a contractor
49.4against an employee or agency who discloses information about a current or former
49.5contractor under subdivision 4, unless the contractor demonstrates by clear and convincing
49.6evidence that:
49.7    (1) the information was false and defamatory;
49.8    (2) the employee or agency knew or should have known the information was false
49.9and acted with malicious intent to injure the current or former contractor; and
49.10    (3) the information was acted upon in a manner that caused harm to the current or
49.11former contractor.

49.12    Sec. 67. [16C.086] CALL-CENTER.
49.13    An agency may not enter into a contract for operation of a call-center, or a contract
49.14whose primary purpose is to provide similar services answering or responding to telephone
49.15calls on behalf of an agency. An agency must hire state employees to provide these
49.16services, and the services must be provided at offices located in Minnesota. For purposes
49.17of this section, "agency" includes the Minnesota State Colleges and Universities.
49.18EFFECTIVE DATE.This section is effective the day following final enactment,
49.19and applies to a contract entered into or renewed or otherwise extended after that date.

49.20    Sec. 68. Minnesota Statutes 2006, section 16C.10, subdivision 7, is amended to read:
49.21    Subd. 7. Reverse auction. (a) For the purpose of this subdivision, "reverse auction"
49.22means a purchasing process in which vendors compete to provide goods or computer
49.23services at the lowest selling price in an open and interactive environment. Reverse
49.24auctions may not be utilized to procure engineering design services or architectural
49.25services or to establish building and construction contracts under sections 16C.26 to
49.2616C.29.
49.27    (b) The provisions of sections 13.591, subdivision 3, and 16C.06, subdivision 2,
49.28do not apply when the commissioner determines that a reverse auction is the appropriate
49.29purchasing process.

49.30    Sec. 69. Minnesota Statutes 2006, section 16C.16, subdivision 5, is amended to read:
49.31    Subd. 5. Designation of targeted groups. (a) The commissioner of administration
49.32shall periodically designate businesses that are majority owned and operated by women,
49.33persons with a substantial physical disability, or specific minorities as targeted group
49.34businesses within purchasing categories as determined by the commissioner. A group
49.35may be targeted within a purchasing category if the commissioner determines there is a
50.1statistical disparity between the percentage of purchasing from businesses owned by
50.2group members and the representation of businesses owned by group members among all
50.3businesses in the state in the purchasing category.
50.4    (b) In addition to designations under paragraph (a), an individual business may be
50.5included as a targeted group business if the commissioner determines that inclusion is
50.6necessary to remedy discrimination against the owner based on race, gender, or disability
50.7in attempting to operate a business that would provide goods or services to public agencies.
50.8    (c) In addition to the designations under paragraphs (a) and (b), the commissioner
50.9of administration shall designate businesses that are majority owned and operated by
50.10veterans as targeted group businesses within purchasing categories as determined by the
50.11commissioner. "Veteran" has the meaning given in section 197.447, and also includes
50.12both currently serving and honorably discharged members of the national guard and
50.13other military reserves.
50.14    (c) (d) The designations of purchasing categories and businesses under paragraphs
50.15(a) and, (b), and (c) are not rules for purposes of chapter 14, and are not subject to
50.16rulemaking procedures of that chapter.
50.17EFFECTIVE DATE.This section is effective July 1, 2007, and applies to
50.18procurement contract bid solicitations issued on and after that date.

50.19    Sec. 70. Minnesota Statutes 2006, section 37.06, is amended to read:
50.2037.06 SECRETARY; LEGISLATIVE AUDITOR; DUTIES; REPORT.
50.21    The secretary shall keep a complete record of the proceedings of the annual meetings
50.22of the State Agricultural Society and all meetings of the board of managers and any
50.23committee of the board, keep all accounts of the society other than those kept by the
50.24treasurer of the society, and perform other duties as directed by the board of managers. On
50.25or before December 31 each year, the secretary shall report to the governor for the fiscal
50.26year ending October 31 all the proceedings of the society during the current year and its
50.27financial condition as appears from its books. This report must contain a full, detailed
50.28statement of all receipts and expenditures during the year.
50.29    The books and accounts of the society for the fiscal year must be examined and
50.30audited annually by the legislative auditor. The cost of the examination must be paid by the
50.31society to the state and credited to the general fund appropriation for the legislative auditor.
50.32    A summary of this examination, certified by the legislative auditor, must be
50.33appended to the secretary's report, along with the legislative auditor's recommendations
50.34and the proceedings of the first annual meeting of the society held following the secretary's
50.35report, including addresses made at the meeting as directed by the board of managers. The
51.1summary, recommendations, and proceedings must be printed in the same manner as the
51.2reports of state officers. Copies of the report must be printed annually and distributed as
51.3follows: to each society or association entitled to membership in the society, to each
51.4newspaper in the state, and the remaining copies as directed by the board of managers.
51.5EFFECTIVE DATE.This section is effective the day following final enactment.

51.6    Sec. 71. Minnesota Statutes 2006, section 43A.02, is amended by adding a subdivision
51.7to read:
51.8    Subd. 18a. Domestic partner. "Domestic partner" means a person who has entered
51.9into a committed interdependent relationship with another adult of the same sex, where
51.10the partners:
51.11    (1) are responsible for each other's basic common welfare;
51.12    (2) share a common residence and intend to do so indefinitely;
51.13    (3) are not related by blood or adoption to an extent that would prohibit marriage in
51.14this state; and
51.15    (4) are legally competent and qualified to enter into a contract.
51.16    For purposes of this subdivision, domestic partners may share a common residence,
51.17even if:
51.18    (1) they do not each have a legal right to possess the residence; or
51.19    (2) one or both domestic partners possess additional real property.
51.20    If one domestic partner temporarily leaves the common residence with the intention
51.21to return, the domestic partners continue to share a common residence for the purposes
51.22of this subdivision.

51.23    Sec. 72. Minnesota Statutes 2006, section 43A.24, subdivision 1, is amended to read:
51.24    Subdivision 1. General. Employees, including persons on layoff from a civil
51.25service position, and employees who are employed less than full time, shall be eligible
51.26for state paid life insurance and hospital, medical and dental benefits as provided in
51.27collective bargaining agreements or plans established pursuant to section 43A.18. If a
51.28collective bargaining agreement or plan provides state paid health insurance for spouses of
51.29employees, the insurance must be made available to domestic partners of state employees
51.30on the same terms and conditions.

51.31    Sec. 73. Minnesota Statutes 2006, section 43A.49, is amended to read:
51.3243A.49 VOLUNTARY UNPAID LEAVE OF ABSENCE.
51.33    (a) Appointing authorities in state government may allow each employee to take
51.34unpaid leaves of absence for up to 1,040 hours between June 1, 2003, and June 30, 2005.
51.35The 1,040 hour limit replaces, and is not in addition to, limits set in prior laws in each
52.1two-year period beginning July 1 of each odd-numbered year. Each appointing authority
52.2approving such a leave shall allow the employee to continue accruing vacation and
52.3sick leave, be eligible for paid holidays and insurance benefits, accrue seniority, and, if
52.4payments are made under paragraph (b), accrue service credit and credited salary in the
52.5state retirement plans, as if the employee had actually been employed during the time of
52.6leave. An employee covered by the unclassified plan may voluntarily make the employee
52.7contributions to the unclassified plan during the leave of absence. If the employee makes
52.8these contributions, the appointing authority must make the employer contribution. If the
52.9leave of absence is for one full pay period or longer, any holiday pay shall be included in
52.10the first payroll warrant after return from the leave of absence. The appointing authority
52.11shall attempt to grant requests for the unpaid leaves of absence consistent with the need to
52.12continue efficient operation of the agency. However, each appointing authority shall retain
52.13discretion to grant or refuse to grant requests for leaves of absence and to schedule and
52.14cancel leaves, subject to the applicable provisions of collective bargaining agreements
52.15and compensation plans.
52.16    (b) To receive eligible service credit and credited salary in a defined benefit plan, the
52.17member shall pay an amount equal to the applicable employee contribution rates. If an
52.18employee pays the employee contribution for the period of the leave under this section,
52.19the appointing authority must pay the employer contribution. The appointing authority
52.20may, at its discretion, pay the employee contributions. Contributions must be made in a
52.21time and manner prescribed by the executive director of the Minnesota State Retirement
52.22Association System.

52.23    Sec. 74. [43A.50] CERTIFICATE OF PAY EQUITY COMPLIANCE.
52.24    Subdivision 1. Scope of application. For a contract for goods or services in excess
52.25of $100,000, a state department or agency may not accept a bid or proposal from a
52.26business having more than 40 full-time employees within the state on a single working
52.27day during the previous 12 months unless the commissioner has approved the business'
52.28plan to establish equitable compensation relationships for its employees and has issued the
52.29business a certificate of compliance. A certificate of compliance is valid for two years.
52.30    Subd. 2. Compliance; good faith effort. (a) The commissioner must approve a
52.31plan and issue a certificate of compliance under this section to a business if the business
52.32demonstrates that it is in compliance with equitable compensation relationship standards
52.33or is making a good faith effort to achieve compliance with those standards. The standards
52.34for determining equitable compensation relationships for a business under this section
52.35are the same as the standards in sections 471.991 to 471.997 and rules adopted under
52.36those sections.
53.1    (b) A business that is not in compliance with equitable compensation relationship
53.2standards is making a good faith effort to achieve compliance if the commissioner has
53.3approved:
53.4    (1) a plan for achieving compliance, including the business' proposed actions and
53.5response to the commissioner's recommendations; and
53.6    (2) a proposed date for achieving compliance and for submitting a revised report
53.7for the commissioner's review.
53.8    Subd. 3. Filing fee; account; appropriation. The commissioner shall collect
53.9a $75 fee for each certificate of compliance issued by the commissioner under this
53.10section. The proceeds of the fee must be deposited in a pay equity fee special revenue
53.11account. Money in the account is appropriated to the commissioner to fund the cost of
53.12administering this section.
53.13    Subd. 4. Revocation of certificate. A certificate of compliance may be suspended or
53.14revoked by the commissioner of administration if a holder of a certificate is not effectively
53.15implementing or making a good faith effort to implement its approved plan to establish
53.16equitable compensation relationships. If a contractor does not effectively implement its
53.17approved plan, or fails to make a good faith effort to do so, the commissioner of employee
53.18relations may refuse to approve subsequent plans submitted by that business.
53.19    Subd. 5. Revocation of contract. A contract awarded by a department or agency of
53.20the state may be terminated or abridged by the contracting department or agency because
53.21of suspension or revocation of a certificate. If a contract is awarded to a person who
53.22does not have a contract compliance certificate required, the commissioner may void
53.23the contract on behalf of the state.
53.24    Subd. 6. Technical assistance. If the commissioner of administration has
53.25suspended a contractor's certificate of compliance, the commissioner shall provide
53.26technical assistance that may enable the contractor to be recertified within 90 days after
53.27the contractor's certificate has been suspended.
53.28    Subd. 7. Access to data. Data submitted to the commissioner by a contractor
53.29or potential contractor for purposes of obtaining a certificate of compliance under this
53.30section are private data on individuals or nonpublic data with respect to persons other
53.31than department employees. The commissioner's decision to grant, not grant, revoke, or
53.32suspend a certificate of compliance is public data.
53.33EFFECTIVE DATE.This section is effective July 1, 2007, and applies to contracts
53.34for which a state department or agency issues solicitations on or after that date.

54.1    Sec. 75. Minnesota Statutes 2006, section 103D.355, is amended to read:
54.2103D.355 ANNUAL AUDIT.
54.3    Subdivision 1. Requirement. The managers must have an annual audit completed
54.4of the books and accounts of the watershed district. The annual audit may be made by
54.5a private certified public accountant or by the state auditor. The annual audit must be
54.6made by a certified public accountant or the state auditor at least once every five years, or
54.7when cumulative district revenues or expenditures exceed an amount established by the
54.8board in consultation with the state auditor.
54.9    Subd. 2. Audit by state auditor. (a) If the annual An audit is to be made by the
54.10state auditor, the audit must may be initiated by a petition of the resident owners of the
54.11watershed district or resolution of the managers of the watershed district. The petition
54.12must request an annual audit pursuant to the authority granted municipalities under
54.13sections 6.54 and 6.55. The state auditor may conduct such examinations of accounts and
54.14records as the state auditor may deem the public interest to demand.
54.15    (b) If the audit or examination is made by the state auditor, the watershed
54.16district receiving the examination must pay the state the total cost and expenses of the
54.17examination, including the salaries paid to the examiners while actually engaged in
54.18making the examination. The general fund must be credited with all collections made
54.19for examinations under this subdivision.
54.20    Subd. 3. Reports for state auditor. The managers must make and submit reports
54.21demanded by the state auditor.

54.22    Sec. 76. Minnesota Statutes 2006, section 128C.02, subdivision 4, is amended to read:
54.23    Subd. 4. Rules are subject to APA exempt. (a) The rules of the league are exempt
54.24from subject to chapter 14, including section 14.386.
54.25    (b) This subdivision does not apply to a rule adopted before the effective date of this
54.26section. However, upon written request of 100 or more people, the league must readopt a
54.27rule adopted before the effective date of this section, following chapter 14. If readoption is
54.28required, the rule that is the subject of the readoption request ceases to be effective one year
54.29after the league receives the written request, unless the rule is adopted under chapter 14.
54.30    (c) This subdivision does not apply to rules of competition or rules establishing
54.31seasons.
54.32    (d) The governor's veto authority under section 14.05, subdivision 6, applies to
54.33rules of the league.
55.1    (e) During the 2007-2008 school year, a rule, bylaw, or policy of the Minnesota
55.2state high school league, adopted in 2007, that restricts eligibility of transfer students to
55.3participate in varsity competition applies only to postseason competition.

55.4    Sec. 77. Minnesota Statutes 2006, section 181.9413, is amended to read:
55.5181.9413 SICK OR INJURED CHILD CARE LEAVE BENEFITS; USE TO
55.6CARE FOR CERTAIN RELATIVES.
55.7    (a) An employee may use personal sick leave benefits provided by the employer
55.8for absences due to an illness of or injury to the employee's child, spouse, sibling, parent,
55.9grandparent, stepparent, or domestic partner for such reasonable periods as the employee's
55.10attendance with the child may be necessary, on the same terms upon which the employee
55.11is able to use sick leave benefits for the employee's own illness or injury. This section
55.12applies only to personal sick leave benefits payable to the employee from the employer's
55.13general assets.
55.14    (b) For purposes of this section, "personal sick leave benefits" means time accrued
55.15and available to an employee to be used as a result of absence from work due to personal
55.16illness or injury, but does not include short-term or long-term disability or other salary
55.17continuation benefits.
55.18    (c) For purposes of this section, "domestic partner" means a person who has entered
55.19into a committed interdependent relationship with another adult, where the partners:
55.20    (1) are responsible for each other's basic common welfare;
55.21    (2) share a common residence and intend to do so indefinitely;
55.22    (3) are not related by blood or adoption to an extent that would prohibit marriage in
55.23this state; and
55.24    (4) are legally competent and qualified to enter into a contract.
55.25    For purposes of this section, domestic partners may share a common residence even
55.26if they do not have a legal right to possess the residence or one or both domestic partners
55.27possess additional real property.
55.28    If one domestic partner temporarily leaves the common residence with the intention
55.29to return, the domestic partners continue to share a common residence for the purposes
55.30of this section.
55.31EFFECTIVE DATE.This section is effective August 1, 2007, and applies to sick
55.32leave used on or after that date.

55.33    Sec. 78. [192.382] HONOR GUARDS.
55.34    Upon the death of any person who has honorably served six or more years or is
55.35in active service in the Minnesota National Guard, the adjutant general may activate
56.1members to serve as an honor guard at the funeral. Members activated for service as honor
56.2guards must be paid at the rate provided in section 192.49, subdivision 1 or 2.

56.3    Sec. 79. [192.515] NATIONAL GUARD NONAPPROPRIATED FUND
56.4INSTRUMENTALITY.
56.5    Subdivision 1. Establishment. The adjutant general may:
56.6    (a) establish a Minnesota National Guard Nonappropriated Fund Instrumentality to
56.7create, operate, and maintain morale, welfare, and recreation facilities and activities at
56.8Camp Ripley and other property owned, leased, or otherwise controlled by the Minnesota
56.9Nation Guard; and
56.10    (b) create a board to manage the fund established under paragraph (a) and delegate
56.11to the board the adjutant general's authority under this section.
56.12    Subd. 2. Definitions. (a) The definitions in this subdivision apply to this section.
56.13    (b) "MNG NAFI" means the Minnesota National Guard Nonappropriated Fund
56.14Instrumentality.
56.15    (c) "Morale, welfare, and recreation" refers to a facility or activity intended to
56.16provide recreational opportunities, promote unit and individual morale, and generally
56.17improve the welfare of Minnesota National Guard personnel at Camp Ripley or other
56.18properties owned, leased, or otherwise controlled by the Minnesota National Guard. It
56.19does not include facilities or services provided by the Army and Air Force Exchange
56.20Service. It also does not include facilities or services provided by other instrumentalities
56.21through the use of appropriated funds.
56.22    Subd. 3. Use. The adjutant general may authorize Minnesota National Guard lands
56.23and facilities to be used in support of morale, welfare, and recreation activities under this
56.24section. That use must not interfere with military operations or training.
56.25    Subd. 4. Funds. (a) Except as otherwise specifically authorized in this section,
56.26no general fund money or other state funds may be used for the purposes authorized
56.27under this section.
56.28    (b) The MNG NAFI is authorized to accept donations or gifts from public or private
56.29sources for purposes authorized under this section, including, but not limited to, federal
56.30funds made available to the National Guard for related activities and money received from
56.31recycling activities to the extent authorized by federal regulation.
56.32    (c) Money received from operation of activities under this section, including, but
56.33not limited to, user fees and rental charges must be deposited and managed consistent
56.34with this subdivision.
57.1    (d) The adjutant general may transfer funds from any existing morale, welfare, or
57.2recreation fund to the MNG NAFI.
57.3    (e) Money received by the MNG NAFI must be deposited in the Minnesota National
57.4Guard morale, welfare, and recreation fund.
57.5    (f) Accounts or funds created under this section must be audited annually by officers
57.6of the military forces detailed by the adjutant general as military auditors.
57.7    Subd. 5. Rules. The adjutant general must adopt rules for the establishment,
57.8management, and operation of the MNG NAFI consistent with this section.

57.9    Sec. 80. [197.231] HONOR GUARDS.
57.10    The commissioner of veterans affairs shall pay, within available funds and upon
57.11request by a local unit of a congressionally chartered veterans organization or its auxiliary,
57.12up to $50 to the local unit for each time that local unit provides an honor guard detail at
57.13the funeral of a deceased veteran. If the local unit provides a student to play "Taps," the
57.14local unit may pay some or all of the $50 to the student.

57.15    Sec. 81. Minnesota Statutes 2006, section 302A.821, subdivision 4, is amended to read:
57.16    Subd. 4. Penalty; reinstatement. (a) A corporation that has failed to file a
57.17registration pursuant to the requirements of subdivision 2 must be dissolved by the
57.18secretary of state as described in paragraph (b).
57.19    (b) If the corporation has not filed the registration for two consecutive during
57.20any calendar years year, the secretary of state must issue a certificate of administrative
57.21dissolution and the certificate must be filed in the Office of the Secretary of State. The
57.22secretary of state shall send notice to the corporation that the corporation has been
57.23dissolved and that the corporation may be reinstated by filing a registration and a $25 fee.
57.24The notice must be given by United States mail unless the company has indicated to the
57.25secretary of state that they are willing to receive notice by electronic notification, in which
57.26case the secretary of state may give notice by mail or the indicated means. The secretary
57.27of state shall annually inform the attorney general and the commissioner of revenue of
57.28the methods by which the names of corporations dissolved under this section during the
57.29preceding year may be determined. The secretary of state must also make available in
57.30an electronic format the names of the dissolved corporations. A corporation dissolved in
57.31this manner is not entitled to the benefits of section 302A.781. The liability, if any, of the
57.32shareholders of a corporation dissolved in this manner shall be determined and limited in
57.33accordance with section 302A.557, except that the shareholders shall have no liability to
57.34any director of the corporation under section 302A.559, subdivision 2.
58.1    (c) After administrative dissolution, filing a registration and the $25 fee with the
58.2secretary of state:
58.3    (1) returns the corporation to good standing as of the date of the dissolution;
58.4    (2) validates contracts or other acts within the authority of the articles, and the
58.5corporation is liable for those contracts or acts; and
58.6    (3) restores to the corporation all assets and rights of the corporation to the extent
58.7they were held by the corporation before the dissolution occurred, except to the extent that
58.8assets or rights were affected by acts occurring after the dissolution or sold or otherwise
58.9distributed after that time.
58.10EFFECTIVE DATE.This section is effective January 1, 2008.

58.11    Sec. 82. Minnesota Statutes 2006, section 308A.995, subdivision 4, is amended to read:
58.12    Subd. 4. Penalty; dissolution. (a) A cooperative that has failed to file a registration
58.13pursuant to the requirements of this section by December 31 of the calendar year for which
58.14the registration was required must be dissolved by the secretary of state as described in
58.15paragraph (b).
58.16    (b) If the cooperative has not filed the registration by December 31 of that calendar
58.17year, the secretary of state must issue a certificate of involuntary dissolution, and the
58.18certificate must be filed in the Office of the Secretary of State. The secretary of state must
58.19annually inform the attorney general and the commissioner of revenue of the methods by
58.20which the names of cooperatives dissolved under this section during the preceding year
58.21may be determined. The secretary of state must also make available in an electronic
58.22format the names of the dissolved cooperatives. A cooperative dissolved in this manner is
58.23not entitled to the benefits of section 308A.981.
58.24EFFECTIVE DATE.This section is effective January 1, 2008.

58.25    Sec. 83. Minnesota Statutes 2006, section 308B.121, subdivision 4, is amended to read:
58.26    Subd. 4. Penalty; dissolution. (a) A cooperative that has failed to file a registration
58.27under the requirements of this section must be dissolved by the secretary of state as
58.28described in paragraph (b).
58.29    (b) If the cooperative has not filed the registration by December 31 of that calendar
58.30year, the secretary of state must issue a certificate of involuntary dissolution and the
58.31certificate must be filed in the Office of the Secretary of State. The secretary of state must
58.32annually inform the attorney general and the commissioner of revenue of the methods by
58.33which the names of cooperatives dissolved under this section during the preceding year
58.34may be determined. The secretary of state must also make available in an electronic
59.1format the names of the dissolved cooperatives. A cooperative dissolved in this manner is
59.2not entitled to the benefits of section 308B.971.
59.3EFFECTIVE DATE.This section is effective January 1, 2008.

59.4    Sec. 84. Minnesota Statutes 2006, section 308B.215, subdivision 2, is amended to read:
59.5    Subd. 2. Filing. The original articles and a designation of the cooperative's
59.6registered office and agent, including a registration form under section 308B.121, shall
59.7be filed with the secretary of state. The fee for filing the articles with the secretary of
59.8state is $60.
59.9EFFECTIVE DATE.This section is effective August 1, 2007.

59.10    Sec. 85. [308B.903] NOTICE OF INTENT TO DISSOLVE.
59.11    Before a cooperative begins dissolution, a notice of intent to dissolve must be filed
59.12with the secretary of state. The notice must contain:
59.13    (1) the name of the cooperative;
59.14    (2) the date and place of the members' meeting at which the resolution was
59.15approved; and
59.16    (3) a statement that the requisite vote of the members approved the proposed
59.17dissolution.
59.18EFFECTIVE DATE.This section is effective August 1, 2007.

59.19    Sec. 86. Minnesota Statutes 2006, section 317A.823, subdivision 1, is amended to read:
59.20    Subdivision 1. Annual registration. (a) The secretary of state must send annually
59.21to each corporation at the registered office of the corporation a postcard notice announcing
59.22the need to file the annual registration and informing the corporation that the annual
59.23registration may be filed online and that paper filings may also be made, and informing
59.24the corporation that failing to file the annual registration will result in an administrative
59.25dissolution of the corporation.
59.26    (b) Except for corporations to which paragraph (d) applies, Each calendar year
59.27beginning in the calendar year following the calendar year in which a corporation
59.28incorporates, a corporation must file with the secretary of state by December 31 of each
59.29calendar year a registration containing the information listed in paragraph (c).
59.30    (c) The registration must include:
59.31    (1) the name of the corporation;
59.32    (2) the address of its registered office;
59.33    (3) the name of its registered agent, if any; and
60.1    (4) the name and business address of the officer or other person exercising the
60.2principal functions of president of the corporation.
60.3    (d) The timely filing of an annual financial report and audit or an annual financial
60.4statement under section 69.051, subdivision 1 or 1a, by a volunteer firefighter relief
60.5association, as reflected in the notification by the state auditor under section 69.051,
60.6subdivision 1c , constitutes presentation of the corporate registration. The secretary of state
60.7may reject the registration by the volunteer firefighter relief association. Rejection must
60.8occur if the information provided to the state auditor does not match the information
60.9in the records of the secretary of state. The volunteer firefighter relief association may
60.10amend the articles of incorporation as provided in sections 317A.131 to 317A.151 so
60.11that the information from the state auditor may be accepted for filing. The timely filing
60.12of an annual financial report and audit or an annual financial statement under section
60.1369.051, subdivision 1 or 1a, does not relieve the volunteer firefighter relief association
60.14of the requirement to file amendments to the articles of incorporation directly with the
60.15secretary of state.
60.16EFFECTIVE DATE.This section is effective August 1, 2007.

60.17    Sec. 87. Minnesota Statutes 2006, section 321.0206, is amended to read:
60.18321.0206 DELIVERY TO AND FILING OF RECORDS BY SECRETARY OF
60.19STATE; EFFECTIVE TIME AND DATE.
60.20    (a) A record authorized or required to be delivered to the secretary of state for filing
60.21under this chapter must be captioned to describe the record's purpose, be in a medium
60.22permitted by the secretary of state, and be delivered to the secretary of state. Unless the
60.23secretary of state determines that a record does not comply with the filing requirements
60.24of this chapter, and if the appropriate filing fees have been paid, the secretary of state
60.25shall file the record and:
60.26    (1) for a statement of dissociation, send:
60.27    (A) a copy of the filed statement to the person which the statement indicates has
60.28dissociated as a general partner; and
60.29    (B) a copy of the filed statement to the limited partnership;
60.30    (2) for a statement of withdrawal, send:
60.31    (A) a copy of the filed statement to the person on whose behalf the record was
60.32filed; and
60.33    (B) if the statement refers to an existing limited partnership, a copy of the filed
60.34statement to the limited partnership; and
61.1    (3) for all other records, send a copy of the filed record to the person on whose
61.2behalf the record was filed.
61.3    (b) Upon request and payment of a fee, the secretary of state shall send to the
61.4requester a certified copy of the requested record.
61.5    (c) Except as otherwise provided in sections 321.0116 and 321.0207, a record
61.6delivered to the secretary of state for filing under this chapter may specify an effective
61.7time and a delayed effective date. Except as otherwise provided in this chapter, a record
61.8filed by the secretary of state is effective:
61.9    (1) if the record does not specify an effective time and does not specify a delayed
61.10effective date, on the date and at the time the record is filed as evidenced by the secretary
61.11of state's endorsement of the date and time on the record;
61.12    (2) if the record specifies an effective time but not a delayed effective date, on the
61.13date the record is filed at the time specified in the record;
61.14    (3) if the record specifies a delayed effective date but not an effective time, at 12:01
61.15a.m. on the earlier of:
61.16    (A) the specified date; or
61.17    (B) the 30th day after the record is filed; or
61.18    (4) if the record specifies an effective time and a delayed effective date, at the
61.19specified time on the earlier of:
61.20    (A) the specified date; or
61.21    (B) the 30th day after the record is filed.
61.22    (d) The appropriate fees for filings under this chapter are:
61.23    (1) for filing a certificate of limited partnership, $100;
61.24    (2) for filing an amended certificate of limited partnership, $50;
61.25    (3) for filing any other record, other than the annual report required by section
61.26321.0210, for which no fee must be charged, required or permitted to be delivered for
61.27filing, $35;
61.28    (4) for filing a certificate requesting authority to transact business in Minnesota as a
61.29foreign limited partnership, $85;
61.30    (5) for filing an application of reinstatement, $25; and
61.31    (6) for filing a name reservation for a foreign limited partnership name, $35; and
61.32    (7) for filing any other record, other than the annual report required by section
61.33321.0210, for which no fee must be charged, required or permitted to be delivered for
61.34filing on a foreign limited partnership authorized to transact business in Minnesota, $50.
61.35EFFECTIVE DATE.This section is effective July 1, 2007.

62.1    Sec. 88. [321.0909] NAME CHANGES FILED IN HOME STATE.
62.2    A foreign limited partnership shall notify the secretary of state of any changes to the
62.3partnership name filed with the state of formation by filing a certificate from the state of
62.4formation certifying to the change of name.
62.5EFFECTIVE DATE.This section is effective August 1, 2007.

62.6    Sec. 89. Minnesota Statutes 2006, section 336.1-110, is amended to read:
62.7336.1-110 UNIFORM COMMERCIAL CODE ACCOUNT.
62.8    The Uniform Commercial Code account is established as an account in the state
62.9treasury. Fees that are not expressly set by statute but are charged by the secretary of state
62.10to offset the costs of providing a service under this chapter must be deposited in the state
62.11treasury and credited to the Uniform Commercial Code account.
62.12    Fees that are not expressly set by statute but are charged by the secretary of state
62.13to offset the costs of providing information contained in the computerized records
62.14maintained by the secretary of state must be deposited in the state treasury and credited to
62.15the Uniform Commercial Code account.
62.16    Money in the Uniform Commercial Code account is continuously appropriated to the
62.17secretary of state to implement and maintain the central filing system under this chapter,
62.18to provide, improve, and expand other online or remote lien and business entity filing,
62.19retrieval, and payment method services provided by the secretary of state, and to provide
62.20electronic access to other computerized records maintained by the secretary of state.
62.21EFFECTIVE DATE.This section is effective August 1, 2007.

62.22    Sec. 90. Minnesota Statutes 2006, section 336.9-516, is amended to read:
62.23336.9-516 WHAT CONSTITUTES FILING; EFFECTIVENESS OF FILING.
62.24    (a) What constitutes filing. Except as otherwise provided in subsection (b),
62.25communication of a record to a filing office and tender of the filing fee or acceptance of
62.26the record by the filing office constitutes filing.
62.27    (b) Refusal to accept record; filing does not occur. Filing does not occur with
62.28respect to a record that a filing office refuses to accept because:
62.29    (1) the record is not communicated by a method or medium of communication
62.30authorized by the filing office. For purposes of filing office authorization, transmission of
62.31records using the Extensible Markup Language (XML) format is authorized by the filing
62.32office after the later of July 1, 2007, or the determination of the secretary of state that the
62.33central filing system is capable of receiving and processing these records;
62.34    (2) an amount equal to or greater than the applicable filing fee is not tendered;
62.35    (3) the filing office is unable to index the record because:
63.1    (A) in the case of an initial financing statement, the record does not provide a name
63.2for the debtor;
63.3    (B) in the case of an amendment or correction statement, the record:
63.4    (i) does not identify the initial financing statement as required by section 336.9-512
63.5or 336.9-518, as applicable; or
63.6    (ii) identifies an initial financing statement whose effectiveness has lapsed under
63.7section 336.9-515;
63.8    (C) in the case of an initial financing statement that provides the name of a debtor
63.9identified as an individual or an amendment that provides a name of a debtor identified as
63.10an individual which was not previously provided in the financing statement to which the
63.11record relates, the record does not identify the debtor's last name; or
63.12    (D) in the case of a record filed or recorded in the filing office described in section
63.13336.9-501(a)(1) , the record does not provide a sufficient description of the real property
63.14to which it relates;
63.15    (4) in the case of an initial financing statement or an amendment that adds a secured
63.16party of record, the record does not provide a name and mailing address for the secured
63.17party of record;
63.18    (5) in the case of an initial financing statement or an amendment that provides a
63.19name of a debtor which was not previously provided in the financing statement to which
63.20the amendment relates, the record does not:
63.21    (A) provide a mailing address for the debtor;
63.22    (B) indicate whether the debtor is an individual or an organization; or
63.23    (C) if the financing statement indicates that the debtor is an organization, provide:
63.24    (i) a type of organization for the debtor;
63.25    (ii) a jurisdiction of organization for the debtor; or
63.26    (iii) an organizational identification number for the debtor or indicate that the debtor
63.27has none;
63.28    (6) in the case of an assignment reflected in an initial financing statement under
63.29section 336.9-514(a) or an amendment filed under section 336.9-514(b), the record does
63.30not provide a name and mailing address for the assignee; or
63.31    (7) in the case of a continuation statement, the record is not filed within the
63.32six-month period prescribed by section 336.9-515(d).
63.33    (c) Rules applicable to subsection (b). For purposes of subsection (b):
63.34    (1) a record does not provide information if the filing office is unable to read or
63.35decipher the information; and
64.1    (2) a record that does not indicate that it is an amendment or identify an initial
64.2financing statement to which it relates, as required by section 336.9-512, 336.9-514, or
64.3336.9-518 , is an initial financing statement.
64.4    (d) Refusal to accept record; record effective as filed record. A record that is
64.5communicated to the filing office with tender of the filing fee, but which the filing office
64.6refuses to accept for a reason other than one set forth in subsection (b), is effective as a
64.7filed record except as against a purchaser of the collateral which gives value in reasonable
64.8reliance upon the absence of the record from the files.
64.9EFFECTIVE DATE.This section is effective August 1, 2007.

64.10    Sec. 91. Minnesota Statutes 2006, section 336.9-525, is amended to read:
64.11336.9-525 FEES.
64.12    (a) Initial financing statement or other record: general rule. Except as otherwise
64.13provided in subsection (d), the fee for filing and indexing a record under this part delivered
64.14on paper is $20 and for a record delivered by any electronic means is $15. $5 of the fee
64.15collected for each request delivered online must be deposited in the uniform commercial
64.16code account.
64.17    (b) Number of names. The number of names required to be indexed does not
64.18affect the amount of the fee in subsection (a).
64.19    (c) Response to information request. The fee for responding to a request for
64.20information from the filing office, including for issuing a certificate showing whether there
64.21is on file any financing statement naming a particular debtor, delivered on paper is $20
64.22and for a record delivered by any electronic means is $15. $5 of the fee collected for each
64.23request delivered online must be deposited in the uniform commercial code account.
64.24    (d) Record of mortgage. This section does not require a fee with respect to a record
64.25of a mortgage which is effective as a financing statement filed as a fixture filing or as a
64.26financing statement covering as-extracted collateral or timber to be cut under section
64.27336.9-502(c) . However, the recording and satisfaction fees that otherwise would be
64.28applicable to the record of the mortgage apply.
64.29EFFECTIVE DATE.This section is effective July 1, 2007.

64.30    Sec. 92. [349A.021] LOTTERY OFFICES.
64.31    The State Lottery may not move its Virginia office to another location and may not
64.32reduce the complement of staff employed at its Virginia office.
64.33EFFECTIVE DATE.This section is effective the day following final enactment.

64.34    Sec. 93. Minnesota Statutes 2006, section 356.219, subdivision 1, is amended to read:
65.1    Subdivision 1. Report required. (a) Except as indicated in subdivision 4, the State
65.2Board of Investment, on behalf of the public pension funds and programs for which it is
65.3the investment authority, and any Minnesota public pension plan that is not fully invested
65.4through the State Board of Investment, including a local police or firefighters relief
65.5association governed by sections 69.77 or 69.771 to 69.775, shall report the information
65.6specified in subdivision 3 to the state auditor. A report under this section must be filed
65.7electronically with the state auditor, unless the state auditor determines that it is not
65.8feasible for a particular plan or association to file electronically. The state auditor may
65.9prescribe a form or forms for the purposes of the reporting requirements contained in the
65.10format for reports required by this section. The state auditor must attempt to provide
65.11access on the state auditor's Web site to reports filed under this section.
65.12    (b) A local police or firefighters relief association governed by section 69.77 or
65.13sections 69.771 to 69.775 is fully invested during a given calendar year for purposes of
65.14this section if all assets of the applicable pension plan beyond sufficient cash equivalent
65.15investments to cover six months expected expenses are invested under section 11A.17.
65.16The board of any fully invested public pension plan remains responsible for submitting
65.17investment policy statements and subsequent revisions as required by subdivision 3,
65.18paragraph (a).
65.19    (c) For purposes of this section, the State Board of Investment is considered to be
65.20the investment authority for any Minnesota public pension fund required to be invested by
65.21the State Board of Investment under section 11A.23, or for any Minnesota public pension
65.22fund authorized to invest in the supplemental investment fund under section 11A.17 and
65.23which is fully invested by the State Board of Investment.

65.24    Sec. 94. Minnesota Statutes 2006, section 358.41, is amended to read:
65.25358.41 DEFINITIONS.
65.26    As used in sections 358.41 to 358.49:
65.27    (1) "Notarial act" means any act that a notary public of this state is authorized to
65.28perform, and includes taking an acknowledgment, administering an oath or affirmation,
65.29taking a verification upon oath or affirmation, witnessing or attesting a signature, certifying
65.30or attesting a copy, and noting a protest of a negotiable instrument. A notary public may
65.31perform a notarial act by electronic means.
65.32    (2) "Acknowledgment" means a declaration by a person that the person has executed
65.33an instrument or electronic record for the purposes stated therein and, if the instrument
65.34or electronic record is executed in a representative capacity, that the person signed
65.35the instrument with proper authority and executed it as the act of the person or entity
65.36represented and identified therein.
66.1    (3) "Verification upon oath or affirmation" means a declaration that a statement is
66.2true made by a person upon oath or affirmation.
66.3    (4) "In a representative capacity" means:
66.4    (i) for and on behalf of a corporation, partnership, limited liability company, trust, or
66.5other entity, as an authorized officer, agent, partner, trustee, or other representative;
66.6    (ii) as a public officer, personal representative, guardian, or other representative,
66.7in the capacity recited in the instrument;
66.8    (iii) as an attorney in fact for a principal; or
66.9    (iv) in any other capacity as an authorized representative of another.
66.10    (5) "Notarial officer" means a notary public or other officer authorized to perform
66.11notarial acts.
66.12    (6) "Electronic signature" means an electronic sound, symbol, or process attached
66.13to or logically associated with a record and executed or adopted by a person with the
66.14intent to sign the record.
66.15    (7) "Electronic record" means a record created, generated, sent, communicated,
66.16received, or stored by electronic means.
66.17EFFECTIVE DATE.This section is effective August 1, 2007.

66.18    Sec. 95. Minnesota Statutes 2006, section 358.42, is amended to read:
66.19358.42 NOTARIAL ACTS.
66.20    (a) In taking an acknowledgment, the notarial officer must determine, either from
66.21personal knowledge or from satisfactory evidence, that the person appearing before the
66.22officer and making the acknowledgment is the person whose true signature is on the
66.23instrument or electronic record.
66.24    (b) In taking a verification upon oath or affirmation, the notarial officer must
66.25determine, either from personal knowledge or from satisfactory evidence, that the person
66.26appearing before the officer and making the verification is the person whose true signature
66.27is made in the presence of the officer on the statement verified.
66.28    (c) In witnessing or attesting a signature the notarial officer must determine, either
66.29from personal knowledge or from satisfactory evidence, that the signature is that of the
66.30person appearing before the officer and named therein. When witnessing or attesting a
66.31signature, the officer must be present when the signature is made.
66.32    (d) In certifying or attesting a copy of a document, electronic record, or other item,
66.33the notarial officer must determine that the proffered copy is a full, true, and accurate
66.34transcription or reproduction of that which was copied.
67.1    (e) In making or noting a protest of a negotiable instrument or electronic record the
67.2notarial officer must determine the matters set forth in section 336.3-505.
67.3    (f) A notarial officer has satisfactory evidence that a person is the person whose true
67.4signature is on a document or electronic record if that person (i) is personally known to
67.5the notarial officer, (ii) is identified upon the oath or affirmation of a credible witness
67.6personally known to the notarial officer, or (iii) is identified on the basis of identification
67.7documents.
67.8EFFECTIVE DATE.This section is effective August 1, 2007.

67.9    Sec. 96. Minnesota Statutes 2006, section 358.50, is amended to read:
67.10358.50 EFFECT OF ACKNOWLEDGMENT.
67.11    An acknowledgment made in a representative capacity for and on behalf of a
67.12corporation, partnership, limited liability company, trust, or other entity and certified
67.13substantially in the form prescribed in this chapter is prima facie evidence that the
67.14instrument or electronic record was executed and delivered with proper authority.
67.15EFFECTIVE DATE.This section is effective August 1, 2007.

67.16    Sec. 97. Minnesota Statutes 2006, section 359.085, subdivision 2, is amended to read:
67.17    Subd. 2. Verifications. In taking a verification upon oath or affirmation, the notarial
67.18officer must determine, either from personal knowledge or from satisfactory evidence, that
67.19the person appearing before the officer and making the verification is the person whose
67.20true signature is made in the presence of the officer on the statement verified.
67.21EFFECTIVE DATE.This section is effective August 1, 2007.

67.22    Sec. 98. Minnesota Statutes 2006, section 359.085, subdivision 3, is amended to read:
67.23    Subd. 3. Witnessing or attesting signatures. In witnessing or attesting a signature,
67.24the notarial officer must determine, either from personal knowledge or from satisfactory
67.25evidence, that the signature is that of the person appearing before the officer and named in
67.26the document or electronic record. When witnessing or attesting a signature, the officer
67.27must be present when the signature is made.
67.28EFFECTIVE DATE.This section is effective August 1, 2007.

67.29    Sec. 99. Minnesota Statutes 2006, section 471.61, subdivision 1a, is amended to read:
67.30    Subd. 1a. Dependents. Notwithstanding the provisions of Minnesota Statutes 1969,
67.31section 471.61, as amended by Laws 1971, chapter 451, section 1, the word "dependents"
67.32as used therein shall mean spouse and minor unmarried children under the age of 18 years
68.1and dependent students under the age of 25 years actually dependent upon the employee,
68.2and others as defined by governmental units at their discretion.

68.3    Sec. 100. Minnesota Statutes 2006, section 477A.014, subdivision 4, is amended to
68.4read:
68.5    Subd. 4. Costs. The director of the Office of Strategic and Long-Range Planning
68.6shall annually bill the commissioner of revenue for one-half of the costs incurred by the
68.7state demographer in the preparation of materials required by section 4A.02. The state
68.8auditor shall bill the commissioner of revenue for the costs of best practices reviews
68.9and the services provided by the Government Information Division and the parts of the
68.10constitutional office that are related to the government information function, and for
68.11the services provided by the Tax Increment Financing Investment and Finance Division
68.12required by section 469.3201, not to exceed $217,000 $614,000 each fiscal year. The
68.13commissioner of administration shall bill the commissioner of revenue for the costs of
68.14the local government records program and the intergovernmental information systems
68.15activity, not to exceed $205,800 each fiscal year. The commissioner of employee relations
68.16shall bill the commissioner of revenue for the costs of administering the local government
68.17pay equity function, not to exceed $55,000 each fiscal year.

68.18    Sec. 101. Minnesota Statutes 2006, section 507.24, subdivision 2, is amended to read:
68.19    Subd. 2. Original signatures required. (a) Unless otherwise provided by law, an
68.20instrument affecting real estate that is to be recorded as provided in this section or other
68.21applicable law must contain the original signatures of the parties who execute it and of the
68.22notary public or other officer taking an acknowledgment. However, a financing statement
68.23that is recorded as a filing pursuant to section 336.9-502(b) need not contain: (1) the
68.24signatures of the debtor or the secured party; or (2) an acknowledgment.
68.25    (b)(1) Any electronic instruments, including signatures and seals, affecting real
68.26estate may only be recorded as part of a pilot project for the electronic filing of real
68.27estate documents implemented by the task force created in Laws 2000, chapter 391, or
68.28by the Electronic Real Estate Recording Task Force created under section 507.094. The
68.29Electronic Real Estate Recording Task Force created under section 507.094 may amend
68.30standards set by the task force created in Laws 2000, chapter 391, and may set new or
68.31additional standards and establish pilot projects to the full extent permitted in section
68.32507.094, subdivision 2, paragraph (b). Documents recorded in conformity with those
68.33standards and in those pilot projects are deemed to meet the requirements of this section.
68.34    (2)(i) A county that participated in the pilot project for the electronic filing of real
68.35estate documents under the task force created in Laws 2000, chapter 391, may continue to
68.36record or file documents electronically, if:
69.1    (1) (A) the county complies with standards adopted by the task force; and
69.2    (2) (B) the county uses software that was validated by the task force.
69.3    (ii) A county that did not participate in the pilot project may record or file a real
69.4estate document electronically, if:
69.5    (i) (A) the document to be recorded or filed is of a type included in the pilot project
69.6for the electronic filing of real estate documents under the task force created in Laws
69.72000, chapter 391;
69.8    (ii) (B) the county complies with the standards adopted by the task force;
69.9    (iii) (C) the county uses software that was validated by the task force; and
69.10    (iv) (D) the task force created under section 507.094, votes to accept a written
69.11certification of compliance with paragraph (b), clause (2), of this section by the county
69.12board and county recorder of the county to implement electronic filing under this section.
69.13    (c) Notices filed pursuant to section 168A.141, subdivisions 1 and 3, need not
69.14contain an acknowledgment.

69.15    Sec. 102. Laws 2006, chapter 253, section 22, subdivision 1, is amended to read:
69.16    Subdivision 1. Genetic information; work group. (a) The commissioner must
69.17create a work group to develop principles for public policy on the use of genetic
69.18information. The work group must include representatives of state government, including
69.19the judicial branch, local government, prosecutors, public defenders, the American Civil
69.20Liberties Union - Minnesota, the Citizens Council on Health Care, the University of
69.21Minnesota Center on Bioethics, the Minnesota Medical Association, the Mayo Clinic
69.22and Foundation, the March of Dimes, and representatives of employers, researchers,
69.23epidemiologists, laboratories, and insurance companies.
69.24    (b) The commissioner of administration and the work group must conduct reviews
69.25of the topics in paragraphs (c) to (f), in light of the issues raised in the report on treatment
69.26of genetic information under state law required by Laws 2005, chapter 163, section 87.
69.27The commissioner must report the results, including any recommendations for legislative
69.28changes, to the chairs of the house Civil Law Committee and the senate Judiciary
69.29Committee and the ranking minority members of those committees by January 15, 2008
69.302009.
69.31    (c) The commissioner and the work group must determine whether changes are
69.32needed in Minnesota Statutes, section 144.69, dealing with collection of information
69.33from cancer patients and their relatives.
69.34    (d) The commissioner and the work group must make recommendations whether
69.35all relatives affected by a formal three-generation pedigree created by the Department of
70.1Health should be able to access the entire data set, rather than only allowing individuals
70.2access to the data of which they are the subject.
70.3    (e) The commissioner and the work group must identify, and may make
70.4recommendations among, options for resolving questions of secondary uses of genetic
70.5information.
70.6    (f) The commissioner and the work group must make recommendations whether
70.7legislative changes are needed regarding access to DNA test results and the specimens
70.8used to create the test results held by the Bureau of Criminal Apprehension as part of
70.9a criminal investigation.

70.10    Sec. 103. Laws 2006, chapter 258, section 14, subdivision 6, is amended to read:
70.11
 Subd. 6.Starbase Minnesota
 150,000
70.12For predesign and design of a new facility
70.13for the Starbase Minnesota program, subject
70.14to Minnesota Statutes, section 16A.695. This
70.15appropriation is from the general fund.
70.16EFFECTIVE DATE.This section is effective the day following final enactment.

70.17    Sec. 104. BOND SALE AUTHORIZATION REDUCED.
70.18    The bond sale authorization in Laws 2006, chapter 258, section 25, subdivision 1,
70.19is reduced by $150,000.
70.20EFFECTIVE DATE.This section is effective the day following final enactment.

70.21    Sec. 105. FORD BUILDING.
70.22    The Ford Building at 117 University Avenue in St. Paul may not be demolished
70.23during the biennium ending June 30, 2009.

70.24    Sec. 106. TASK FORCE.
70.25    Subdivision 1. Creation. A task force is created to work with the Commissioner of
70.26Administration on a disparity study. The task force consists of one member appointed by
70.27and serving at the pleasure of each of the following groups:
70.28    (1) the Council on Asian-Pacific Minnesotans;
70.29    (2) the Council on Black Minnesotans;
70.30    (3) the Council on Affairs of Chicano/Latino people;
70.31    (4) the Indian Affairs Council;
70.32    (5) the Association of Women Contractors; and
70.33    (6) the National Association of Minority Contractors.
71.1    Subd. 2. Consultation and approval. (a) The commissioner must consult with
71.2the task force on the design of the disparity study, the nature of the services sought in a
71.3request for proposals for the study, the criteria that the commissioner will use to evaluate
71.4and select a contractor, and selection of the contractor.
71.5    (b) The commissioner must consult with the task force regarding the commissioner's
71.6interpretation of data obtained through the study, and on the commissioner's
71.7recommendations for any changes in the targeted group purchasing program resulting from
71.8the study. The task force may make its own recommendations before the commissioner
71.9presents the recommendations in a final report. If the commissioner's recommendations
71.10are different from the task force recommendations, the commissioner's report must note
71.11the differences.
71.12    Subd. 3. Support services. The commissioner must provide meeting space and
71.13administrative support to the task force.
71.14    Subd. 4. Expiration. The task force expires at the end of the regular session of the
71.15legislature at which the commissioner presents the results of the targeted group business
71.16disparity study to the legislature.

71.17    Sec. 107. REPORT; ACCOUNTING PRINCIPLES.
71.18    By October 15, 2007, the commissioner of finance must provide a report listing
71.19specific areas where state budgeting practices differ from generally accepted accounting
71.20principles and the reasons for those differences. If that difference is a result of direction in
71.21law, the report must include the law causing the difference.

71.22    Sec. 108. BUILDING REPLACEMENT FUNDS.
71.23    In addition to the requirements in Laws 2002, chapter 400, section 13, subdivision 7,
71.24the commissioner of administration shall collect appropriate rent revenues for the Elmer L.
71.25Andersen and Orville L. Freeman buildings to be set aside in a segregated special revenue
71.26fund for deferred maintenance and other extraordinary building repairs. Funds shall be
71.27expended for these purposes as determined by the commissioner.
71.28EFFECTIVE DATE.This section is effective the day following final enactment.

71.29    Sec. 109. COMPENSATION FOR PERIOD OF PARTIAL GOVERNMENT
71.30SHUTDOWN.
71.31    Subdivision 1. Definitions; coverage. For purposes of this section:
71.32    (1) "employee" means a state employee, as defined in Minnesota Statutes, section
71.3343A.02, subdivision 21, who is a state employee on the effective date of this section and
72.1who the commissioner determines was prevented from working because of the partial
72.2government shutdown; and
72.3    (2) "partial government shutdown" means the period from July 1, 2005, through July
72.414, 2005, during which appropriations needed to fund certain state government functions
72.5had not been enacted.
72.6    Subd. 2. Credit for uncompensated hours. A state employee who was previously
72.7compensated in cash or by a credit to the employee's vacation bank for hours the employee
72.8could not work due to the partial government shutdown, must:
72.9    (1) be paid an additional amount equal to the previous payment, if the previous
72.10payment was made in cash; or
72.11    (2) have hours credited to the employee's vacation bank in the same amount as
72.12the previous credit.
72.13EFFECTIVE DATE.This section is effective the day following final enactment.
72.14The commissioner must make payments or credits required by this section within 30
72.15days of the effective date of this section.

72.16    Sec. 110. ELECTRONIC DOCUMENTS STUDY AND REPORT.
72.17    Subdivision 1. Study. The chief information officer of the state shall study
72.18how electronic documents and the mechanisms and processes for accessing and
72.19reading electronic data can be created, maintained, exchanged, and preserved by the
72.20state in a manner that encourages appropriate government control, access, choice,
72.21and interoperability. The study must consider, but not be limited to, the policies of
72.22other states and nations, management guidelines for state archives as they pertain to
72.23electronic documents, public access, expected storage life of electronic documents, costs
72.24of implementation, and savings. The chief information officer shall solicit comments
72.25regarding the creation, maintenance, exchange, and preservation of electronic documents
72.26by the state from stakeholders, including but not limited to the legislative auditor,
72.27the attorney general, the state archivist, the state legislative reference librarian, other
72.28librarians, representatives of the state historical society, and other historians. The chief
72.29information officer shall also solicit comments from members of the public.
72.30    Subd. 2. Report and recommendation. The chief information officer shall
72.31report the officer's findings and recommendations to the chairs of the senate State
72.32and Local Government Operations and Oversight Committee; house Government
72.33Operations, Reform, Technology and Elections Committee; and the senate and house State
72.34Government Finance Divisions by January 15, 2008.

72.35    Sec. 111. LABOR AGREEMENTS AND COMPENSATION PLANS.
73.1    Subdivision 1. Minnesota Law Enforcement Association. The labor agreement
73.2between the state of Minnesota and the Minnesota Law Enforcement Association,
73.3approved by the Legislative Coordinating Commission Subcommittee on Employee
73.4Relations on August 7, 2006, is ratified.
73.5    Subd. 2. Minnesota Nurses Association. The labor agreement between the
73.6state of Minnesota and the Minnesota Nurses Association, approved by the Legislative
73.7Coordinating Commission Subcommittee on Employee Relations on September 18, 2006,
73.8is ratified.
73.9    Subd. 3. Office of Higher Education. The amendments to the compensation
73.10plan for unrepresented employees of the Office of Higher Education, approved by
73.11the Legislative Coordinating Commission Subcommittee on Employee Relations on
73.12September 18, 2006, are ratified.
73.13    Subd. 4. Gambling Control Board. The proposal to increase the salary of the
73.14director of the Gambling Control Board, as approved by the Legislative Coordinating
73.15Commission Subcommittee on Employee Relations on August 7, 2006, is ratified.
73.16EFFECTIVE DATE.This section is effective the day following final enactment.

73.17    Sec. 112. STATE EMPLOYEES ELECTRONIC HEALTH RECORDS PILOT
73.18PROJECT.
73.19    Subdivision 1. Project established. The Minnesota State Colleges and Universities
73.20Board of Trustees (MnSCU), in collaboration with the commissioner of employee relations
73.21shall establish an enterprise-wide pilot project to provide consumer-owned electronic
73.22personal health records to MnSCU employees and all participants in the state employee
73.23group insurance program. If the Department of Employee Relations is abolished, then the
73.24Minnesota State Colleges and Universities Board of Trustees shall work in collaboration
73.25with the commissioner of the department responsible for administration of the state
73.26employee group insurance program.
73.27    Subd. 2. Project goals. The goal of the project is to provide consumer-owned
73.28electronic personal health records that are portable among health care providers, health
73.29plan companies, and employers in order to control costs, improve quality, and enhance
73.30safety, and to demonstrate the feasibility of a statewide health information exchange.
73.31The pilot project shall coordinate to the extent possible with other health information
73.32consumer engagement initiatives in Minnesota designed to support the goal of statewide
73.33health information exchange. The electronic personal health records may provide, but
73.34are not limited to, the following:
74.1    (1) access to electronic medical records;
74.2    (2) prescription and appointment information;
74.3    (3) information regarding health education, public health, and health cost
74.4management; and
74.5    (4) privacy, security, and HIPAA compliance.

74.6    Sec. 113. VALUE-ADDED CONTRACT AUTHORITY.
74.7    (a) The director of the Office of Enterprise Technology, with approval of
74.8the commissioner of finance, may enter into contracts for: (1) development and
74.9implementation of an electronic system for executive branch state agencies to issue
74.10licenses; and (2) development and implementation of an integrated system to support
74.11tax processing, reporting, and enforcement functions. The director must use funds
74.12appropriated by this act for these purposes. In addition, the director may enter into
74.13contracts for these purposes under which the vendor initially pays all or part of the costs,
74.14and the state accounting system does not show an encumbrance for some or all of the
74.15contract liability when the director initially enters into the contracts.
74.16    (b) Before entering into a contract authorized by this section, the director must
74.17prepare, and the commissioner of finance must approve, a plan for how payments will be
74.18made to the vendors under the contracts. If the contracts will involve performance-based
74.19payments to the vendor, the plan must describe the criteria for making those payments. If
74.20the director intends to pay for all or part of the contract from savings generated, the plan
74.21must describe what savings are anticipated, and how the savings will be captured so as to
74.22be available to make payments under the contract. The plan must explain how the total
74.23contract costs relate to the costs anticipated in the governor's budget recommendations
74.24presented to the legislature in 2007.
74.25    (c) The director must present the plan required by paragraph (b) to the chairs of the
74.26house Ways and Means and Finance Committees and the senate Finance Committee when
74.27the director submits the plan to the commissioner of finance for approval. The director
74.28must notify these chairs when the commissioner of finance has approved the plan. This
74.29notice must include any changes from the original plan.
74.30    (d) The director must report to the chairs of the house Ways and Means and Finance
74.31Committees and the senate Finance Committee by January 15 each of the next five years
74.32after entering into a contract authorized under this section. The report must include a
74.33detailed breakdown of how and by whom the contract costs are being paid, and on the cost
74.34savings and service improvements achieved as a result of the contract.

74.35    Sec. 114. PRE-1969 TRA MEMBER GRATUITY PAYMENT.
75.1    (a) $4,100,000 is appropriated to the executive director of the Teachers Retirement
75.2Association for the payment of a gratuity to persons who were teachers as defined in
75.3Minnesota Statutes, section 354.05, subdivision 2, and who rendered teaching service as
75.4defined in Minnesota Statutes, section 354.05, subdivision 3, either during the 1968-1969
75.5school year, but were not covered by the improved money purchase program savings
75.6clause in Minnesota Statutes, section 354.55, subdivision 17, or before the 1968-1969
75.7school year, did not take a refund of member contributions upon the termination of teacher
75.8service, and who were eligible to make an election under Minnesota Statutes 1971, section
75.9354.55, subdivision 8. The payment is intended to reflect the special contribution of
75.10these persons to education and to offset any unfulfilled expectation the person may have
75.11as to potential benefit levels. The gratuity payment amount for each person is $1,000 or
75.12a prorated portion of that amount if, at any time, the executive director of the Teachers
75.13Retirement Association determines that payment of the full amount to the remaining
75.14participants would likely exceed the appropriation.
75.15    (b) The Teachers Retirement Association shall make available to persons eligible to
75.16receive a payment under this section on or before August 1, 2007, an application form.
75.17Filing an application form is a waiver of any legal, equitable, or legislative claim for any
75.18other special consideration and the form must indicate the waiver.
75.19    (c) On August 1, 2007, the Teachers Retirement Association shall determine those
75.20remaining persons who are eligible to receive a payment under this section and who have
75.21not applied for a payment and send to each remaining person, at the person's residence
75.22of record, a state warrant of the full or a prorated payment amount. If the recipient
75.23negotiates the state warrant, that negotiation constitutes a waiver of any legal, equitable,
75.24or legislative claim for any other special consideration as documentation accompanying
75.25the warrant must indicate the waiver. Any warrant under this section expires on August
75.261, 2009, and the amount of any unnegotiated state warrant under this section cancels
75.27to the Teachers Retirement Association.

75.28    Sec. 115. CERTIFICATE OF COMPLIANCE; TEMPORARY PROVISION.
75.29    Subdivision 1. Pay equity. Until July 1, 2008, a business that is not in compliance
75.30with equitable compensation relationship standards under Minnesota Statutes, section
75.3143A.50, is making a good faith effort to achieve compliance if the commissioner of
75.32employee relations has approved:
75.33    (1) a statement of the business's intention to prepare a pay equity report and an
75.34estimated date no later than July 1, 2008, when the report and plan will be submitted; and
75.35    (2) information on the business's current status, including a statement on the
75.36existence of a company-wide job evaluation system, the total number of male and female
76.1employees of the business, and the business's interest in receiving training on how to
76.2establish equitable compensation relationships.
76.3    Subd. 2. Report. The commissioner of employee relations shall report to the
76.4legislature by January 31, 2008, on implementation of this section. The report must
76.5include findings and recommendations on any changes needed to ensure that state
76.6contractors achieve equitable compensation relationships.

76.7    Sec. 116. SUSTAINABLE GROWTH WORKING GROUP.
76.8    Subdivision 1. Creation. The sustainable growth working group consists of the
76.9following members:
76.10    (1) two senators, including one member of the minority caucus, appointed by the
76.11Subcommittee on Committees of the Committee on Rules and Administration;
76.12    (2) two members of the house of representatives, one appointed by the speaker
76.13and one appointed by the minority leader;
76.14    (3) commissioners of the following agencies, or their designees: Department of
76.15Natural Resources, Department of Administration, Department of Agriculture, Department
76.16of Commerce, Department of Transportation, Department of Employment and Economic
76.17Development, Minnesota Housing Finance Agency, and the Minnesota Pollution Control
76.18Agency; and the chair of the Metropolitan Council or the chair's designee;
76.19    (4) up to 12 public members who have an interest in promoting sustainable
76.20communities in Minnesota, jointly appointed by the speaker of the house of representatives
76.21and the majority leader of the senate, and including at least one representative of the
76.22business, environmental, energy, affordable housing, transportation, local government,
76.23planning, and philanthropic sectors.
76.24    The membership of the working group must include balanced representation from
76.25rural, urban, and suburban areas of the state.
76.26    Subd. 2. Duties. The working group must identify strategies, recommendations, and
76.27a process for implementing state-level coordination of state and local policies, programs,
76.28and regulations in the areas of housing, transportation, natural resource preservation,
76.29capital development, economic development, sustainability, and preservation of the
76.30environment. The working group must identify sustainable development principles that
76.31will address metro growth concerns to guide decision making in Minnesota. The working
76.32group must gather information and develop strategies relative to the strategic use of
76.33state resources, to be consistent with statewide goals of sustainable development. The
76.34working group must report proposed strategies, recommendations, and a process for
77.1implementation to the legislature and the governor by February 1, 2008. In its report to the
77.2legislature and the governor, the working group must identify its source of funding.
77.3    Subd. 3. Administrative provisions. (a) The commissioner of administration
77.4must convene the initial meeting. Upon request of the working group, the commissioner
77.5must provide meeting space and administrative services for the group. The Office of
77.6Geographic and Demographic Analysis must provide staff support for the working group.
77.7The members of the working group must elect a chair.
77.8    (b) Members of the working group serve without compensation but may be
77.9reimbursed for expenses under Minnesota Statutes, section 15.059.
77.10    (c) The working group expires June 30, 2008.
77.11    (d) The working group may accept gifts and grants, which are accepted on behalf
77.12of the state and constitute donations to the state. Funds received are appropriated to the
77.13commissioner of administration for purposes of the working group.

77.14    Sec. 117. ASSISTANCE.
77.15    House and senate staff must assist the Legislative Coordinating Commission with
77.16new duties assigned to the commission by this act.

77.17    Sec. 118. TRAINING SERVICES.
77.18    During the biennium ending June 30, 2009, state executive branch agencies must
77.19consider using services provided by government training services before contracting with
77.20other outside vendors for similar services.

77.21    Sec. 119. REPEALER.
77.22Minnesota Statutes 2006, sections 6.56, subdivision 1; 16A.102; 16C.055,
77.23subdivision 1; 16C.08, subdivision 4a; 69.051, subdivision 1c; 128C.03; 359.085,
77.24subdivision 8; and 645.44, subdivision 19, are repealed.

77.25ARTICLE 3
77.26BEST VALUE CONTRACTS

77.27    Section 1. Minnesota Statutes 2006, section 16C.02, is amended by adding a
77.28subdivision to read:
77.29    Subd. 4a. Best value; construction. For purposes of construction, building,
77.30alteration, improvement, or repair services, "best value" describes the result determined by
77.31a procurement method that considers price and performance criteria, which may include,
77.32but are not limited to:
77.33    (1) the quality of the vendor's or contractor's performance on previous projects;
77.34    (2) the timeliness of the vendor's or contractor's performance on previous projects;
78.1    (3) the level of customer satisfaction with the vendor's or contractor's performance
78.2on previous projects;
78.3    (4) the vendor's or contractor's record of performing previous projects on budget and
78.4ability to minimize cost overruns;
78.5    (5) the vendor's or contractor's ability to minimize change orders;
78.6    (6) the vendor's or contractor's ability to prepare appropriate project plans;
78.7    (7) the vendor's or contractor's technical capacities;
78.8    (8) the individual qualifications of the contractor's key personnel; or
78.9    (9) the vendor's or contractor's ability to assess and minimize risks.
78.10    "Performance on previous projects" does not include the exercise or assertion of a
78.11person's legal rights. This definition does not apply to sections 16C.32, 16C.33, 16C.34,
78.12and 16C.35.

78.13    Sec. 2. Minnesota Statutes 2006, section 16C.02, is amended by adding a subdivision
78.14to read:
78.15    Subd. 20. Vendor. "Vendor" means a business, including a construction contractor
78.16or a natural person, and includes both if the natural person is engaged in a business.

78.17    Sec. 3. Minnesota Statutes 2006, section 16C.03, subdivision 3, is amended to read:
78.18    Subd. 3. Acquisition authority. The commissioner shall acquire all goods, services,
78.19and utilities needed by agencies. The commissioner shall acquire goods, services, and
78.20utilities by requests for bids, requests for proposals, reverse auctions as provided in
78.21section 16C.10, subdivision 7, or other methods provided by law, unless a section of law
78.22requires a particular method of acquisition to be used. The commissioner shall make all
78.23decisions regarding acquisition activities. The determination of the acquisition method
78.24and all decisions involved in the acquisition process, unless otherwise provided for by
78.25law, shall be based on best value which includes an evaluation of price and may include
78.26other considerations including, but not limited to, environmental considerations, quality,
78.27and vendor performance. A best value determination must be based on the evaluation
78.28criteria detailed in the solicitation document. If criteria other than price are used, the
78.29solicitation document must state the relative importance of price and other factors. Unless
78.30it is determined by the commissioner that an alternative solicitation method provided by
78.31law should be used to determine best value, a request for bid must be used to solicit
78.32formal responses for all building and construction contracts. Any or all responses may
78.33be rejected. When using the request for bid process, the bid must be awarded to the
78.34lowest responsive and responsible bidder, taking into consideration conformity with
78.35the specifications, terms of delivery, the purpose for which the contract or purchase is
78.36intended, the status and capability of the vendor, and other considerations imposed in the
79.1request for bids. The commissioner may decide which is the lowest responsible bidder
79.2for all purchases and may use the principles of life-cycle costing, where appropriate, in
79.3determining the lowest overall bid. The duties set forth in this subdivision are subject to
79.4delegation pursuant to this section.

79.5    Sec. 4. Minnesota Statutes 2006, section 16C.03, is amended by adding a subdivision
79.6to read:
79.7    Subd. 3a. Acquisition authority; construction contracts. For all building and
79.8construction contracts, the commissioner shall award contracts pursuant to section 16C.28,
79.9and "best value" shall be defined and applied as set forth in sections 16C.02, subdivision
79.104a and 16C.28, subdivision 1, paragraph (a), clause (2). The duties set forth in this
79.11subdivision are subject to delegation pursuant to this section. The commissioner shall
79.12establish procedures for developing and awarding best value requests for proposals for
79.13construction projects. The criteria to be used to evaluate the proposals must be included in
79.14the solicitation document and must be evaluated in an open and competitive manner.

79.15    Sec. 5. Minnesota Statutes 2006, section 16C.03, is amended by adding a subdivision
79.16to read:
79.17    Subd. 18. Training. Users of best value procurement may be trained in the
79.18request for proposals process for best value contracting for construction projects.
79.19The commissioner may establish a training program for state and local officials and
79.20employees, and vendors and contractors, on best value procurement for construction
79.21projects, including those governed by section 16C.02, subdivision 4a. If the commissioner
79.22establishes such a training program, the state may charge a fee for providing training.

79.23    Sec. 6. Minnesota Statutes 2006, section 16C.26, is amended to read:
79.2416C.26 COMPETITIVE BIDS OR PROPOSALS.
79.25    Subdivision 1. Application. Except as otherwise provided by sections 16C.10,
79.2616C.26 and 16C.27, all contracts for building and construction or repairs must be based on
79.27competitive bids or proposals. "Competitive proposals" specifically refers to the method
79.28of procurement described in section 16C.28, subdivision 1, paragraph (a), clause (2).
79.29    Subd. 2. Requirement contracts. Standard requirement price contracts for building
79.30and construction must be established by competitive bids as provided in subdivision 1.
79.31The standard requirement price contracts may contain escalation clauses and may provide
79.32for a negotiated price increase or decrease based upon a demonstrable industrywide or
79.33regional increase or decrease in the vendor's costs or for the addition of similar products or
79.34replacement items not significant to the total value of existing contracts. The term of these
79.35contracts may not exceed five years including all extensions.
80.1    Subd. 3. Publication of notice; expenditures over $25,000. If the amount of an
80.2expenditure is estimated to exceed $25,000, bids or proposals must be solicited by public
80.3notice in a manner designated by the commissioner. To the extent practical, this must
80.4include posting on a state Web site. For expenditures over $50,000, when a call for bids is
80.5issued the commissioner shall solicit sealed bids by providing notices to all prospective
80.6bidders known to the commissioner by posting notice on a state Web site at least seven
80.7days before the final date of submitting bids. All bids over $50,000 must be sealed when
80.8they are received and must be opened in public at the hour stated in the notice. All
80.9proposals responsive to a request for proposals according to section 16C.28, subdivision 1,
80.10paragraph (a), clause (2), shall be submitted and evaluated in the manner described in the
80.11request for proposals, regardless of the dollar amount. All original bids and proposals and
80.12all documents pertaining to the award of a contract must be retained and made a part of a
80.13permanent file or record and remain open to public inspection.
80.14    Subd. 4. Building and construction contracts; $50,000 or less. An informal bid
80.15may be used for building, construction, and repair contracts that are estimated at less than
80.16$50,000. Informal bids must be authenticated by the bidder in a manner specified by the
80.17commissioner. Alternatively, a request for proposals may be issued according to section
80.1816C.28, subdivision 1, paragraph (a), clause (2), for such contracts.
80.19    Subd. 5. Standard specifications, security. Contracts must be based on the
80.20standard specifications prescribed and enforced by the commissioner under this chapter,
80.21unless otherwise expressly provided or as authorized under section 16C.28, subdivision 1,
80.22paragraph (a), clause (2). Each bidder for a contract vendor or contractor must furnish
80.23security approved by the commissioner to ensure the making of the contract being bid for.
80.24    Subd. 6. Noncompetitive bids. Agencies are encouraged to contract with small
80.25targeted group businesses designated under section 16C.16 when entering into contracts
80.26that are not subject to competitive bidding procedures.

80.27    Sec. 7. Minnesota Statutes 2006, section 16C.27, subdivision 1, is amended to read:
80.28    Subdivision 1. Single source of supply. Competitive bidding is or proposals are not
80.29required for contracts clearly and legitimately limited to a single source of supply, and the
80.30contract price may be best established by direct negotiation.

80.31    Sec. 8. Minnesota Statutes 2006, section 16C.28, is amended to read:
80.3216C.28 CONTRACTS; AWARD.
80.33    Subdivision 1. Lowest responsible bidder Award requirements. (a) All state
80.34building and construction contracts entered into by or under the supervision of the
80.35commissioner or an agency for which competitive bids or proposals are required must
81.1be awarded to the lowest responsible bidder, taking into consideration conformity with
81.2the specifications, terms of delivery, the purpose for which the contract is intended, the
81.3status and capability of the vendor, and other considerations imposed in the call for bids.
81.4The commissioner may decide which is the lowest responsible bidder for all contracts
81.5and may use the principles of life cycle costing, where appropriate, in determining the
81.6lowest overall bid. The head of the interested agency shall make the decision, subject
81.7to the approval of the commissioner. Any or all bids may be rejected. In a case where
81.8competitive bids are required and where all bids are rejected, new bids, if solicited, must
81.9be called for as in the first instance, unless otherwise provided by law. may be awarded to
81.10either of the following:
81.11    (1) the lowest responsible bidder, taking into consideration conformity with the
81.12specifications, terms of delivery, the purpose for which the contract is intended, the status
81.13and capability of the vendor or contractor, other considerations imposed in the call for
81.14bids, and, where appropriate, principles of life-cycle costing; or
81.15    (2) the vendor or contractor offering the best value, taking into account the
81.16specifications of the request for proposals, the price and performance criteria as set forth
81.17in section 16C.02, subdivision 4a, and described in the solicitation document.
81.18    (b) The vendor or contractor must secure bonding, commercial general insurance
81.19coverage, and workers' compensation insurance coverage under paragraph (a), clause
81.20(1) or (2). The commissioner shall determine whether to use the procurement process
81.21described in paragraph (a), clause (1), or the procurement process described in paragraph
81.22(a), clause (2). If the commissioner uses the method in paragraph (a), clause (2), the head
81.23of the agency shall determine which vendor or contractor offers the best value, subject to
81.24the approval of the commissioner. Any or all bids or proposals may be rejected.
81.25    Subd. 1a. Establishment and purpose. (a) The state recognizes the importance of
81.26the inclusion of a best value contracting system for construction as an alternative to the
81.27current low-bid system of procurement. In order to accomplish that goal, state and local
81.28governmental entities shall be able to choose the best value system in different phases.
81.29    (b) "Best value" means the procurement method defined in section 16C.02,
81.30subdivision 4a.
81.31    (c) The following entities are eligible to participate:
81.32    (1) phase I: state agencies, counties, cities, and school districts with the highest 25
81.33percent enrollment of students in the state, beginning on the effective date of this section;
81.34    (2) phase II: those entities included in phase I, counties with populations over
81.35100,000, and school districts with the highest 50 percent enrollment of students in the
81.36state, beginning two years from the effective date of this section; and
82.1    (3) phase III: all entities included in phases I and II, and all other counties, towns,
82.2school districts, and political subdivisions in the state, beginning three years from the
82.3effective date of this section.
82.4    (d) The commissioner or any agency for which competitive bids or proposals are
82.5required may not use best value contracting as defined in section 16C.02, subdivision 4a,
82.6for more than one project annually, or 20 percent of its projects, whichever is greater, in
82.7each of the first three fiscal years in which best value construction contracting is used.
82.8    Subd. 2. Alterations and erasures. A bid containing an alteration or erasure of
82.9any price contained in the bid which is used in determining the lowest responsible bid
82.10must be rejected unless the alteration or erasure is corrected in a manner that is clear and
82.11authenticated by an authorized representative of the responder. An alteration or erasure
82.12may be crossed out and the correction printed in ink or typewritten adjacent to it and
82.13initialed by an authorized representative of the responder.
82.14    Subd. 3. Special circumstances. The commissioner may reject the bid or proposal
82.15of any bidder vendor or contractor who has failed to perform a previous contract with
82.16the state. In the case of identical low bids from two or more bidders, the commissioner
82.17may use negotiated procurement methods with the tied low bidders for that particular
82.18transaction so long as the price paid does not exceed the low tied bid price. The
82.19commissioner may award contracts to more than one bidder vendor or contractor in
82.20accordance with subdivision 1, if doing so does not decrease the service level or diminish
82.21the effect of competition.
82.22    Subd. 4. Record. A record must be kept of all bids or proposals, including names of
82.23bidders, amounts of bids or proposals, and each successful bid or proposal. This record is
82.24open to public inspection, subject to section 13.591 and other applicable law.
82.25    Subd. 5. Preferences not cumulative. The preferences under sections 16B.121,
82.2616C.06, subdivision 7 , and 16C.16 apply, but are not cumulative. The total percentage
82.27of preference granted on a contract may not exceed the highest percentage of preference
82.28allowed for that contract under any one of those sections.

82.29    Sec. 9. Minnesota Statutes 2006, section 103D.811, subdivision 3, is amended to read:
82.30    Subd. 3. Awarding of contract. (a) At a time and place specified in the bid notice,
82.31the managers may accept or reject any or all bids and may award the contract to the lowest
82.32responsible bidder. The bidder to whom the contract is to be awarded must give a bond,
82.33with ample security, conditioned by satisfactory completion of the contract.
82.34    (b) Bids must not be considered which in the aggregate exceed by more than 30
82.35percent the total estimated cost of construction or implementation.
83.1    (c) As an alternative to the procurement method described in paragraph (a), the
83.2managers may issue a request for proposals and award the contract to the vendor or
83.3contractor offering the best value as described in section 16C.28, subdivision 1, paragraph
83.4(a), clause (2).
83.5    (d) The contract must be in writing and be accompanied by or refer to the plans and
83.6specifications for the work to be done as prepared by the engineer for the watershed
83.7district. The plans and specifications shall become a part of the contract.
83.8    (d) (e) The contract shall be approved by the managers and signed by the president,
83.9secretary, and contractor.

83.10    Sec. 10. Minnesota Statutes 2006, section 103E.505, subdivision 5, is amended to read:
83.11    Subd. 5. How contract may be awarded. The contract may be awarded in one
83.12job, in sections, or separately for labor and material and must may be let to the lowest
83.13responsible bidder. Alternatively, the contract may be awarded to the vendor or contractor
83.14offering the best value under a request for proposals as described in section 16C.28,
83.15subdivision 1, paragraph (a), clause (2).

83.16    Sec. 11. Minnesota Statutes 2006, section 116A.13, subdivision 5, is amended to read:
83.17    Subd. 5. How job may be let. The job may be let in one job, or in sections, or
83.18separately for labor and material, and shall may be let to the lowest responsible bidder or
83.19bidders therefor. Alternatively, the contract may be awarded to the vendor or contractor
83.20offering the best value under a request for proposals as described in section 16C.28,
83.21subdivision 1, paragraph (a), clause (2).

83.22    Sec. 12. Minnesota Statutes 2006, section 123B.52, subdivision 1, is amended to read:
83.23    Subdivision 1. Contracts. A contract for work or labor, or for the purchase of
83.24furniture, fixtures, or other property, except books registered under the copyright laws, or
83.25for the construction or repair of school houses, the estimated cost or value of which shall
83.26exceed that specified in section 471.345, subdivision 3, must not be made by the school
83.27board without first advertising for bids or proposals by two weeks' published notice in the
83.28official newspaper. This notice must state the time and place of receiving bids and contain
83.29a brief description of the subject matter.
83.30    Additional publication in the official newspaper or elsewhere may be made as the
83.31board shall deem necessary.
83.32    After taking into consideration conformity with the specifications, terms of delivery,
83.33and other conditions imposed in the call for bids, every such contract for which a call for
83.34bids has been issued must be awarded to the lowest responsible bidder, be duly executed
83.35in writing, and be otherwise conditioned as required by law. The person to whom the
84.1contract is awarded shall give a sufficient bond to the board for its faithful performance.
84.2Notwithstanding section 574.26 or any other law to the contrary, on a contract limited
84.3to the purchase of a finished tangible product, a board may require, at its discretion, a
84.4performance bond of a contractor in the amount the board considers necessary. A record
84.5must be kept of all bids, with names of bidders and amount of bids, and with the successful
84.6bid indicated thereon. A bid containing an alteration or erasure of any price contained in
84.7the bid which is used in determining the lowest responsible bid must be rejected unless the
84.8alteration or erasure is corrected as provided in this section. An alteration or erasure may
84.9be crossed out and the correction thereof printed in ink or typewritten adjacent thereto and
84.10initialed in ink by the person signing the bid. In the case of identical low bids from two or
84.11more bidders, the board may, at its discretion, utilize negotiated procurement methods
84.12with the tied low bidders for that particular transaction, so long as the price paid does not
84.13exceed the low tied bid price. In the case where only a single bid is received, the board
84.14may, at its discretion, negotiate a mutually agreeable contract with the bidder so long as
84.15the price paid does not exceed the original bid. If no satisfactory bid is received, the
84.16board may readvertise. Standard requirement price contracts established for supplies or
84.17services to be purchased by the district must be established by competitive bids. Such
84.18standard requirement price contracts may contain escalation clauses and may provide for a
84.19negotiated price increase or decrease based upon a demonstrable industrywide or regional
84.20increase or decrease in the vendor's costs. Either party to the contract may request that the
84.21other party demonstrate such increase or decrease. The term of such contracts must not
84.22exceed two years with an option on the part of the district to renew for an additional two
84.23years. Contracts for the purchase of perishable food items, except milk for school lunches
84.24and vocational training programs, in any amount may be made by direct negotiation
84.25by obtaining two or more written quotations for the purchase or sale, when possible,
84.26without advertising for bids or otherwise complying with the requirements of this section
84.27or section 471.345, subdivision 3. All quotations obtained shall be kept on file for a
84.28period of at least one year after receipt.
84.29    Every contract made without compliance with the provisions of this section shall be
84.30void. Except in the case of the destruction of buildings or injury thereto, where the public
84.31interest would suffer by delay, contracts for repairs may be made without advertising
84.32for bids.

84.33    Sec. 13. Minnesota Statutes 2006, section 123B.52, is amended by adding a
84.34subdivision to read:
84.35    Subd. 1b. Best value alternative. As an alternative to the procurement method
84.36described in subdivision 1, a contract for construction, building, alteration, improvement,
85.1or repair work may be awarded to the vendor or contractor offering the best value
85.2under a request for proposals as described in section 16C.28, subdivision 1, paragraph
85.3(a), clause (2).

85.4    Sec. 14. Minnesota Statutes 2006, section 160.17, is amended by adding a subdivision
85.5to read:
85.6    Subd. 2a. Best value alternative. As an alternative to the procurement method
85.7referenced in subdivision 2, counties or towns may issue a request for proposal and award
85.8the contract to the vendor or contractor offering the best value as described in section
85.916C.28, subdivision 1, paragraph (a), clause (2).

85.10    Sec. 15. Minnesota Statutes 2006, section 160.262, is amended by adding a subdivision
85.11to read:
85.12    Subd. 5. Best value alternative. As an alternative to the procurement method
85.13described in subdivision 4, the commissioner may allow for the award of design-build
85.14contracts for the projects described in subdivision 4 to the vendor or contractor offering
85.15the best value under a request for proposals as described in section 16C.28, subdivision 1,
85.16paragraph (a), clause (2).

85.17    Sec. 16. Minnesota Statutes 2006, section 161.32, is amended by adding a subdivision
85.18to read:
85.19    Subd. 1f. Best value alternative. As an alternative to the procurement method
85.20described in subdivisions 1a to 1e, the commissioner may issue a request for proposals
85.21and award the contract to the vendor or contractor offering the best value as described in
85.22section 16C.28, subdivision 1, paragraph (a), clause (2).

85.23    Sec. 17. [161.3206] BEST VALUE CONTRACTING AUTHORITY.
85.24    Notwithstanding sections 16C.25, 161.32, and 161.321, or any other law to the
85.25contrary, the commissioner may solicit and award all contracts, other than design-build
85.26contracts governed by section 161.3412, for a project on the basis of a best value selection
85.27process as defined in section 16C.02, subdivision 4a. Section 16C.08 does not apply
85.28to this section.

85.29    Sec. 18. Minnesota Statutes 2006, section 161.3412, subdivision 1, is amended to read:
85.30    Subdivision 1. Best value selection for design-build contracts. Notwithstanding
85.31sections 16C.25, 161.32, and 161.321, or any other law to the contrary, the commissioner
85.32may solicit and award a design-build contract for a project on the basis of a best value
85.33selection process. Section 16C.08 does not apply to design-build contracts to which the
85.34commissioner is a party.

85.35    Sec. 19. Minnesota Statutes 2006, section 161.38, subdivision 4, is amended to read:
86.1    Subd. 4. Effects on other law of public contract with commissioner. Whenever
86.2the road authority of any city enters into an agreement with the commissioner pursuant
86.3to this section, and a portion of the cost is to be assessed against benefited property,
86.4the letting of a public contract by the commissioner for the work shall be deemed to
86.5comply with statutory or charter provisions requiring the city (1) to advertise for bids
86.6before awarding a contract for a public improvement, (2) to let the contract to the lowest
86.7responsible bidder or to the vendor or contractor offering the best value, and (3) to require
86.8a performance bond to be filed by the contractor before undertaking the work. The
86.9contract so let by the commissioner and the performance bond required of the contractor
86.10by the commissioner shall be considered to be the contract and bond of the city for the
86.11purposes of complying with the requirements of any applicable law or charter provision,
86.12and the bond shall inure to the benefit of the city and operate for their protection to the
86.13same extent as though they were parties thereto.

86.14    Sec. 20. Minnesota Statutes 2006, section 365.37, is amended by adding a subdivision
86.15to read:
86.16    Subd. 2a. Best value alternative. As an alternative to the procurement method
86.17described in subdivision 2, a contract for construction, building, alteration, improvement,
86.18or repair work may be awarded to the vendor or contractor offering the best value
86.19under a request for proposals as described in section 16C.28, subdivision 1, paragraph
86.20(a), clause (2).

86.21    Sec. 21. Minnesota Statutes 2006, section 374.13, is amended to read:
86.22374.13 TO ADVERTISE FOR BIDS.
86.23    Subdivision 1. Bidding process. When the plans and specifications are completed
86.24and approved by the city council and the county board, the commission shall, after notice
86.25appropriate to inform possible bidders, obtain bids or proposals for all or any portion of
86.26the work or materials, or both, to be done, performed, or furnished in the construction of
86.27the building. All bids or proposals shall be sealed by the bidders or proposers and filed
86.28with the commission at or before the time specified for the opening of bids or proposals.
86.29At the time and place specified for the opening of bids or proposals, the commission shall
86.30meet, open the bids or proposals, tabulate them, and award the contract or contracts to the
86.31responsible bidder whose bid or proposal is the most favorable to the city or county, or
86.32reject all bids and proposals. If all bids or proposals are rejected, the commission may,
86.33after similar notice, obtain more bids or proposals or may modify or change the plans and
86.34specifications and submit the modified plans and specifications to the city council and the
86.35county board for approval. When the modified or changed plans and specifications are
86.36satisfactory to both the city council and the county board, the plans and specifications
87.1shall be returned to the commission and the commission shall proceed again, after similar
87.2notice, to obtain bids or proposals. Any contract awarded by the commission shall be
87.3subject to approval by the city council and the county board.
87.4    Subd. 2. Best value alternative. As an alternative to the procurement method
87.5described in subdivision 1, the commission may issue a request for proposals and award
87.6the contract to the vendor or contractor offering the best value as described in section
87.716C.28, subdivision 1, paragraph (a), clause (2).

87.8    Sec. 22. Minnesota Statutes 2006, section 375.21, is amended by adding a subdivision
87.9to read:
87.10    Subd. 1b. Best value alternative. As an alternative to the procurement method
87.11described in subdivision 1, a county board may award a contract for construction,
87.12building, alteration, improvement, or repair work to the vendor or contractor offering the
87.13best value under a request for proposals as described in section 16C.28, subdivision 1,
87.14paragraph (a), clause (2).

87.15    Sec. 23. Minnesota Statutes 2006, section 383C.094, is amended by adding a
87.16subdivision to read:
87.17    Subd. 1a. Contracts in excess of $500; best value alternative. As an alternative to
87.18the procurement method described in subdivision 1, the contract may be awarded to the
87.19vendor or contractor offering the best value under a request for proposals as described in
87.20section 16C.28, subdivision 1, paragraph (a), clause (2).

87.21    Sec. 24. Minnesota Statutes 2006, section 412.311, is amended to read:
87.22412.311 CONTRACTS.
87.23    Subdivision 1. Lowest responsible bidder. Except as provided in sections 471.87
87.24to 471.89, no member of a council shall be directly or indirectly interested in any contract
87.25made by the council. Whenever the amount of a contract for the purchase of merchandise,
87.26materials or equipment or for any kind of construction work undertaken by the city is
87.27estimated to exceed the amount specified by section 471.345, subdivision 3, the contract
87.28shall be let to the lowest responsible bidder, after notice has been published once in the
87.29official newspaper at least ten days in advance of the last day for the submission of bids. If
87.30the amount of the contract exceeds $1,000, it shall be entered into only after compliance
87.31with section 471.345.
87.32    Subd. 2. Best value alternative. As an alternative to the procurement method
87.33described in subdivision 1, a contract for construction, building, alteration, improvement,
87.34or repair work may be awarded to the vendor or contractor offering the best value
88.1under a request for proposals as described in section 16C.28, subdivision 1, paragraph
88.2(a), clause (2).

88.3    Sec. 25. Minnesota Statutes 2006, section 429.041, is amended by adding a subdivision
88.4to read:
88.5    Subd. 2a. Best value alternative. As an alternative to the procurement method
88.6described in subdivision 2, the council may issue a request for proposals and award the
88.7contract to the vendor or contractor offering the best value as described in section 16C.28,
88.8subdivision 1, paragraph (a), clause (2).

88.9    Sec. 26. Minnesota Statutes 2006, section 458D.21, is amended by adding a
88.10subdivision to read:
88.11    Subd. 2a. Contracts in excess of $5,000; best value alternative. As an alternative
88.12to the procurement method described in subdivision 2, the board may issue a request for
88.13proposals and award the contract to the vendor or contractor offering the best value as
88.14described in section 16C.28, subdivision 1, paragraph (a), clause (2).

88.15    Sec. 27. Minnesota Statutes 2006, section 469.015, is amended by adding a subdivision
88.16to read:
88.17    Subd. 1a. Best value alternative. As an alternative to the procurement method
88.18described in subdivision 1, the authority may issue a request for proposals and award the
88.19contract to the vendor or contractor offering the best value under a request for proposals as
88.20described in section 16C.28, subdivision 1, paragraph (a), clause (2).

88.21    Sec. 28. Minnesota Statutes 2006, section 469.068, subdivision 1, is amended to read:
88.22    Subdivision 1. Contracts; bids; bonds. All construction work and every purchase
88.23of equipment, supplies, or materials necessary in carrying out the purposes of sections
88.24469.048 to 469.068, that involve the expenditure of $1,000 or more, shall be awarded by
88.25contract as provided in this subdivision or in subdivision 1a. Before receiving bids under
88.26sections 469.048 to 469.068, the authority shall publish, once a week for two consecutive
88.27weeks in the official newspaper of the port's city, a notice that bids will be received for the
88.28construction work, or purchase of equipment, supplies, or materials. The notice shall state
88.29the nature of the work, and the terms and conditions upon which the contract is to be let
88.30and name a time and place where the bids will be received, opened, and read publicly,
88.31which time shall be not less than seven days after the date of the last publication. After
88.32the bids have been received, opened, read publicly, and recorded, the commissioners
88.33shall award the contract to the lowest responsible bidder, reserving the right to reject
88.34any or all bids. The contract shall be executed in writing and the person to whom the
88.35contract is awarded shall give sufficient bond to the board for its faithful performance. If
89.1no satisfactory bid is received, the port authority may readvertise, or, by an affirmative
89.2vote of two of its commissioners in the case of a three-member commission, or five of
89.3its members in the case of a seven-member commission, may authorize the authority
89.4to perform any part or parts of any construction work by day labor under conditions it
89.5prescribes. The commissioners may establish reasonable qualifications to determine
89.6the fitness and responsibility of bidders, and require bidders to meet the qualifications
89.7before bids are accepted. If the commissioners by a two-thirds or five-sevenths vote
89.8declare that an emergency exists requiring the immediate purchase of any equipment or
89.9material or supplies at a cost in excess of $1,000, but not exceeding $5,000, in amount,
89.10or making of emergency repairs, it shall not be necessary to advertise for bids, but the
89.11material, equipment, or supplies may be purchased in the open market at the lowest price
89.12obtainable, or the emergency repairs may be contracted for or performed without securing
89.13formal competitive bids. An emergency, for purposes of this section, is unforeseen
89.14circumstances or conditions which result in the jeopardizing of human life or property.
89.15    In all contracts involving the employment of labor, the commissioners shall stipulate
89.16conditions they deem reasonable, as to the hours of labor and wages and may stipulate as
89.17to the residence of employees to be employed by the contractors.
89.18    Bonds shall be required from contractors for any works of construction as provided
89.19in and subject to all the provisions of sections 574.26 to 574.31.

89.20    Sec. 29. Minnesota Statutes 2006, section 469.068, is amended by adding a subdivision
89.21to read:
89.22    Subd. 1a. Contracts; best value alternative. As an alternative to the procurement
89.23method described in subdivision 1, a contract may be awarded to the vendor or contractor
89.24offering the best value under a request for proposals as described in section 16C.28,
89.25subdivision 1, paragraph (a), clause (2).

89.26    Sec. 30. Minnesota Statutes 2006, section 471.345, is amended by adding a subdivision
89.27to read:
89.28    Subd. 3a. Contracts over $50,000; best value alternative. As an alternative to the
89.29procurement method described in subdivision 3, municipalities may award a contract for
89.30construction, alteration, repair, or maintenance work to the vendor or contractor offering
89.31the best value under a request for proposals as described in section 16C.28, subdivision 1,
89.32paragraph (a), clause (2).

89.33    Sec. 31. Minnesota Statutes 2006, section 471.345, is amended by adding a subdivision
89.34to read:
90.1    Subd. 4a. Contracts from $10,000 to $50,000; best value alternative. As an
90.2alternative to the procurement method described in subdivision 4, municipalities may
90.3award a contract for construction, alteration, repair, or maintenance work to the vendor or
90.4contractor offering the best value under a request for proposals as described in section
90.516C.28, subdivision 1, paragraph (a), clause (2).

90.6    Sec. 32. Minnesota Statutes 2006, section 471.345, subdivision 5, is amended to read:
90.7    Subd. 5. Contracts less than $10,000. If the amount of the contract is estimated
90.8to be $10,000 or less, the contract may be made either upon quotation or in the open
90.9market, in the discretion of the governing body. If the contract is made upon quotation
90.10it shall be based, so far as practicable, on at least two quotations which shall be kept on
90.11file for a period of at least one year after their receipt. Alternatively, municipalities may
90.12award a contract for construction, alteration, repair, or maintenance work to the vendor or
90.13contractor offering the best value under a request for proposals as described in section
90.1416C.28, subdivision 1, paragraph (a), clause (2).

90.15    Sec. 33. Minnesota Statutes 2006, section 473.523, is amended by adding a subdivision
90.16to read:
90.17    Subd. 1a. Contracts over $50,000; best value alternative. As an alternative to
90.18the procurement method described in subdivision 1, the council may issue a request for
90.19proposals and award the contract to the vendor or contractor offering the best value
90.20under a request for proposals as described in section 16C.28, subdivision 1, paragraph
90.21(a), clause (2).

90.22    Sec. 34. Minnesota Statutes 2006, section 473.756, subdivision 12, is amended to read:
90.23    Subd. 12. Contracts. The authority may enter into a development agreement with
90.24the team, the county, or any other entity relating to the construction, financing, and use of
90.25the ballpark and related facilities and public infrastructure. The authority may contract
90.26for materials, supplies, and equipment in accordance with sections 471.345 and 473.754,
90.27except that the authority, with the consent of the county, may employ or contract with
90.28persons, firms, or corporations to perform one or more or all of the functions of architect,
90.29engineer, or construction manager with respect to all or any part of the ballpark and
90.30public infrastructure. Alternatively, at the request of the team and with the consent of the
90.31county, the authority shall authorize the team to provide for the design and construction
90.32of the ballpark and related public infrastructure, subject to terms of Laws 2006, chapter
90.33257. The construction manager may enter into contracts with contractors for labor,
90.34materials, supplies, and equipment for the construction of the ballpark and related public
91.1infrastructure through the process of public bidding, except that the construction manager
91.2may, with the consent of the authority or the team:
91.3    (1) narrow the listing of eligible bidders to those which the construction manager
91.4determines to possess sufficient expertise to perform the intended functions;
91.5    (2) award contracts to the contractors that the construction manager determines
91.6provide the best value under a request for proposals as described in section 16C.28,
91.7subdivision 1, paragraph (a), clause (2), which are not required to be the lowest responsible
91.8bidder; and
91.9    (3) for work the construction manager determines to be critical to the completion
91.10schedule, award contracts on the basis of competitive proposals or perform work with
91.11its own forces without soliciting competitive bids if the construction manager provides
91.12evidence of competitive pricing.
91.13The authority shall require that the construction manager certify, before the contract is
91.14signed, a fixed and stipulated construction price and completion date to the authority
91.15and post a performance bond in an amount at least equal to 100 percent of the certified
91.16price, to cover any costs which may be incurred in excess of the certified price, including
91.17but not limited to costs incurred by the authority or loss of revenues resulting from
91.18incomplete construction on the completion date. The authority may secure surety bonds
91.19as provided in section 574.26, securing payment of just claims in connection with all
91.20public work undertaken by it. Persons entitled to the protection of the bonds may enforce
91.21them as provided in sections 574.28 to 574.32, and shall not be entitled to a lien on any
91.22property of the authority under the provisions of sections 514.01 to 514.16. Contracts for
91.23construction and operation of the ballpark must include programs, including Youthbuild,
91.24to provide for participation by small local businesses and businesses owned by people of
91.25color, and the inclusion of women and people of color in the workforces of contractors
91.26and ballpark operators. The construction of the ballpark is a "project" as that term is
91.27defined in section 177.42, subdivision 2, and is subject to the prevailing wage law under
91.28sections 177.41 to 177.43.

91.29ARTICLE 4
91.30ELECTIONS

91.31    Section 1. Minnesota Statutes 2006, section 200.02, subdivision 7, is amended to read:
91.32    Subd. 7. Major political party. (a) "Major political party" means a political party
91.33that maintains a party organization in the state, political division, or precinct in question
91.34and that has presented at least one candidate for election to the office of:
91.35    (1) governor and lieutenant governor, secretary of state, state auditor, or attorney
91.36general at the last preceding state general election for those offices; or
92.1    (2) presidential elector or U.S. senator at the last preceding state general election for
92.2presidential electors; and
92.3    whose candidate received votes in each county in that election and received votes
92.4from not less than five percent of the total number of individuals who voted in that election.
92.5    (b) "Major political party" also means a political party that maintains a party
92.6organization in the state, political subdivision, or precinct in question and that has
92.7presented at least 45 candidates for election to the office of state representative, 23
92.8candidates for election to the office of state senator, four candidates for election to
92.9the office of representative in Congress, and one candidate for election to each of the
92.10following offices: governor and lieutenant governor, attorney general, secretary of state,
92.11and state auditor, at the last preceding state general election for those offices.
92.12    (c) "Major political party" also means a political party that maintains a party
92.13organization in the state, political subdivision, or precinct in question and whose members
92.14present to the secretary of state at any time before the close of filing for the state partisan
92.15primary ballot at least six weeks before the start of the filing period a petition for a place
92.16on the state partisan primary ballot, which petition contains signatures of a number of
92.17the party members equal to at least five percent of the total number of individuals who
92.18voted in the preceding state general election. The petition may be circulated at any time
92.19after January 1 and more than six weeks before the start of the filing period in the year
92.20the petition is submitted.
92.21    (d) A political party whose candidate receives a sufficient number of votes at a state
92.22general election described in paragraph (a) or a political party that presents candidates at
92.23an election as required by paragraph (b) becomes a major political party as of January
92.241 following that election and retains its major party status for at least two state general
92.25elections even if the party fails to present a candidate who receives the number and
92.26percentage of votes required under paragraph (a) or fails to present candidates as required
92.27by paragraph (b) at subsequent state general elections.
92.28    (e) A major political party whose candidates fail to receive the number and
92.29percentage of votes required under paragraph (a) and that fails to present candidates as
92.30required by paragraph (b) at each of two consecutive state general elections described by
92.31paragraph (a) or (b), respectively, loses major party status as of December 31 following
92.32the later of the two consecutive state general elections.

92.33    Sec. 2. Minnesota Statutes 2006, section 200.02, subdivision 23, is amended to read:
92.34    Subd. 23. Minor political party. (a) "Minor political party" means a political party
92.35that has adopted a state constitution, designated a state party chair, held a state convention
92.36in the last two years, filed with the secretary of state no later than December 31 following
93.1the most recent state general election a certification that the party has met the foregoing
93.2requirements, and met the requirements of paragraph (b) or (e), as applicable.
93.3    (b) To be considered a minor party in all elections statewide, the political party must
93.4have presented at least one candidate for election to the office of:
93.5    (1) governor and lieutenant governor, secretary of state, state auditor, or attorney
93.6general, at the last preceding state general election for those offices; or
93.7    (2) presidential elector or U.S. senator at the preceding state general election for
93.8presidential electors; and
93.9    who received votes in each county that in the aggregate equal at least one percent
93.10of the total number of individuals who voted in the election, or its members must have
93.11presented to the secretary of state at any time before the close of filing for the state
93.12partisan primary ballot at least six weeks before the start of the filing period a nominating
93.13petition in a form prescribed by the secretary of state containing the signatures of party
93.14members in a number equal to at least one percent of the total number of individuals who
93.15voted in the preceding state general election. The petition may be circulated at any time
93.16after January 1 and more than six weeks before the start of the filing period in the year
93.17the petition is submitted.
93.18    (c) A political party whose candidate receives a sufficient number of votes at a
93.19state general election described in paragraph (b) becomes a minor political party as of
93.20January 1 following that election and retains its minor party status for at least two state
93.21general elections even if the party fails to present a candidate who receives the number
93.22and percentage of votes required under paragraph (b) at subsequent state general elections.
93.23    (d) A minor political party whose candidates fail to receive the number and
93.24percentage of votes required under paragraph (b) at each of two consecutive state general
93.25elections described by paragraph (b) loses minor party status as of December 31 following
93.26the later of the two consecutive state general elections.
93.27    (e) A minor party that qualifies to be a major party loses its status as a minor party
93.28at the time it becomes a major party. Votes received by the candidates of a major party
93.29must be counted in determining whether the party received sufficient votes to qualify as
93.30a minor party, notwithstanding that the party does not receive sufficient votes to retain
93.31its major party status. To be considered a minor party in an election in a legislative
93.32district, the political party must have presented at least one candidate for a legislative
93.33office in that district who received votes from at least ten percent of the total number of
93.34individuals who voted for that office, or its members must have presented to the secretary
93.35of state a nominating petition in a form prescribed by the secretary of state containing the
94.1signatures of party members in a number equal to at least ten percent of the total number
94.2of individuals who voted in the preceding state general election for that legislative office.

94.3    Sec. 3. Minnesota Statutes 2006, section 201.016, subdivision 1a, is amended to read:
94.4    Subd. 1a. Violations; penalty. (a) The county auditor shall mail a violation notice
94.5to any voter who the county auditor can determine has voted in a precinct other than the
94.6precinct in using an address at which the voter maintains does not maintain residence on
94.7election day. The notice must be in the form provided by the secretary of state. The
94.8county auditor shall also change the status of the voter in the statewide registration system
94.9to "challenged" and the voter shall be required to provide proof of residence to either the
94.10county auditor or to the election judges in the voter's precinct before voting in the next
94.11election. Any of the forms authorized by section 201.061 for registration at the polling
94.12place may be used for this purpose.
94.13    (b) A voter who votes in a precinct other than the precinct in which the voter
94.14maintains residence after receiving an initial violation notice as provided in this
94.15subdivision is guilty of a petty misdemeanor.
94.16    (c) A voter who votes in a precinct other than the precinct in which the voter
94.17maintains residence after having been found to have committed a petty misdemeanor
94.18under paragraph (b) is guilty of a misdemeanor.
94.19    (d) Reliance by the voter on inaccurate information regarding the location of the
94.20voter's polling place provided by the state, county, or municipality is an affirmative
94.21defense to a prosecution under this subdivision.

94.22    Sec. 4. Minnesota Statutes 2006, section 201.056, is amended to read:
94.23201.056 SIGNATURE OF REGISTERED VOTER; MARKS ALLOWED.
94.24    An individual who is unable to write the individual's name shall be required to sign a
94.25registration card by making the individual's mark application in the manner provided by
94.26section 645.44, subdivision 14. If the individual registers in person and signs by making
94.27a mark, the clerk or election judge accepting the registration shall certify the mark by
94.28signing the individual's name. If the individual registers by mail and signs by making a
94.29mark, the mark shall be certified by having a voter registered in the individual's precinct
94.30sign the individual's name and the voter's own name and give the voter's own address.

94.31    Sec. 5. Minnesota Statutes 2006, section 201.061, subdivision 1, is amended to read:
94.32    Subdivision 1. Prior to election day. At any time except during the 20 days
94.33immediately preceding any regularly scheduled election, an eligible voter or any
94.34individual who will be an eligible voter at the time of the next election may register to
94.35vote in the precinct in which the voter maintains residence by completing a paper voter
95.1registration application as described in section 201.071, subdivision 1, and submitting it in
95.2person or by mail to the county auditor of that county or to the Secretary of State's Office.
95.3If the individual has a Minnesota driver's license, identification card, or learner's permit,
95.4the individual may register online using the Web site maintained by the secretary of state.
95.5A registration that is received no later than 5:00 p.m. on the 21st day preceding any
95.6election shall be accepted. An improperly addressed or delivered registration application
95.7shall be forwarded within two working days after receipt to the county auditor of the
95.8county where the voter maintains residence. A state or local agency or an individual that
95.9accepts completed voter registration applications from a voter must submit the completed
95.10applications to the secretary of state or the appropriate county auditor within ten business
95.11days after the applications are dated by the voter.
95.12    For purposes of this section, mail registration is defined as a voter registration
95.13application delivered to the secretary of state, county auditor, or municipal clerk by the
95.14United States Postal Service or a commercial carrier.

95.15    Sec. 6. Minnesota Statutes 2006, section 201.061, is amended by adding a subdivision
95.16to read:
95.17    Subd. 1b. Prohibited methods of compensation; penalty. (a) No individual
95.18may be compensated for the solicitation, collection, or acceptance of voter registration
95.19applications from voters for submission to the secretary of state, a county auditor, or other
95.20local election official in a manner in which payment is calculated by multiplying (1)
95.21either a set or variable payment rate, by (2) the number of voter registration applications
95.22solicited, collected, or accepted.
95.23    (b) No individual may be deprived of compensation or have compensation
95.24automatically reduced exclusively for failure to solicit, collect, or accept a minimum
95.25number of voter registration applications and no individual may receive additional
95.26compensation for reaching or exceeding a minimum number of voter registration
95.27applications.
95.28    (c) A person who violates this subdivision is guilty of a petty misdemeanor.

95.29    Sec. 7. Minnesota Statutes 2006, section 201.061, subdivision 3, is amended to read:
95.30    Subd. 3. Election day registration. (a) The definitions in this paragraph apply
95.31to this subdivision:
95.32    (1) "current utility bill" means a utility bill dated within 30 days before the election
95.33day or due within 30 days before or after the election;
95.34    (2) "photo identification" means identification that displays the name and photo
95.35of an individual and that was issued by:
95.36    (i) another state for use as a driver's license or identification card;
96.1    (ii) a Minnesota college, university, or other postsecondary educational institution or
96.2high school as a student identification card; or
96.3    (iii) a tribal government of a tribe recognized by the Bureau of Indian Affairs, United
96.4States Department of the Interior;
96.5    (3) "residential facility" means transitional housing as defined in section 256E.33,
96.6subdivision 1 ; a supervised living facility licensed by the commissioner of health under
96.7section 144.50, subdivision 6; a nursing home as defined in section 144A.01, subdivision
96.85 ; a residence registered with the commissioner of health as a housing with services
96.9establishment as defined in section 144D.01, subdivision 4; a veterans home operated by
96.10the board of directors of the Minnesota Veterans Homes under chapter 198; a residence
96.11licensed by the commissioner of human services to provide a residential program as
96.12defined in section 245A.02, subdivision 14; a residential facility for persons with a
96.13developmental disability licensed by the commissioner of human services under section
96.14252.28; group residential housing as defined in section 256I.03, subdivision 3; a shelter
96.15for battered women as defined in section 611A.37, subdivision 4; or a supervised
96.16publicly or privately operated shelter or dwelling designed to provide temporary living
96.17accommodations for the homeless; and
96.18    (4) "utility bill" means a written or electronic bill for gas, electricity, telephone,
96.19wireless telephone, cable television, satellite television, solid waste, water, sewer services,
96.20or an itemized rent statement.
96.21    (b) An individual who is eligible to vote may register on election day by appearing
96.22in person at the polling place for the precinct in which the individual maintains residence,
96.23by completing a registration application, making an oath in the form prescribed by the
96.24secretary of state and providing proof of residence. An individual may prove residence for
96.25purposes of registering by:
96.26    (1) presenting a driver's license or Minnesota identification card issued pursuant
96.27to section 171.07;
96.28    (2) presenting:
96.29    (i) a photo identification; and
96.30    (ii) a current utility bill or lease, showing the individual's name and valid residential
96.31address in the precinct;
96.32    (3) presenting an identification card issued by the tribal government of a tribe
96.33recognized by the Bureau of Indian Affairs, United States Department of the Interior, that
96.34contains the name, address, signature, and picture of the individual;
96.35    (2) (4) presenting any document approved by the secretary of state as proper
96.36identification;
97.1    (3) (5) presenting one of the following:
97.2    (i) a current valid student identification card from a postsecondary educational
97.3institution in Minnesota, if a list of students from that institution has been prepared under
97.4section 135A.17 and certified to the county auditor in the manner provided in rules of
97.5the secretary of state; or
97.6    (ii) a current student fee statement that contains the student's valid address in the
97.7precinct together with a picture photo identification card; or
97.8    (4) (6)(i) having a voter who is registered to vote in the precinct, or who is an
97.9employee employed by and working in a residential facility in the precinct and vouching
97.10for a resident in the facility, sign an oath in the presence of the election judge vouching that
97.11the voter or employee personally knows that the individual is a resident of the precinct. A
97.12voter who has been vouched for on election day may not sign a proof of residence oath
97.13vouching for any other individual on that election day. A voter who is registered to vote
97.14in the precinct may sign up to 15 proof-of-residence oaths on any election day. This
97.15limitation does not apply to an employee of a residential facility described in this clause.
97.16    (ii) The secretary of state shall provide a form for election judges to use in recording
97.17the number of individuals for whom a voter signs proof-of-residence oaths on election
97.18day. The form must include space for the maximum number of individuals for whom a
97.19voter may sign proof-of-residence oaths. For each proof-of-residence oath, the form
97.20must include a statement that the voter is registered to vote in the precinct, personally
97.21knows that the individual is a resident of the precinct, and is making the statement on
97.22oath. The form must include a space for the voter's printed name, signature, telephone
97.23number, and address.
97.24    The oath required by this subdivision and Minnesota Rules, part 8200.9939, must
97.25be attached to the voter registration application and the information on the oath must be
97.26recorded on the records of both the voter registering on election day and the voter who
97.27is vouching for the person's residence, and entered into the statewide voter registration
97.28system by the county auditor when the voter registration application is entered into that
97.29system.
97.30    (b) The operator of a residential facility shall prepare a list of the names of its
97.31employees currently working in the residential facility and the address of the residential
97.32facility. The operator shall certify the list and provide it to the appropriate county auditor
97.33no less than 20 days before each election for use in election day registration.
97.34    (c) "Residential facility" means transitional housing as defined in section 256E.33,
97.35subdivision 1 ; a supervised living facility licensed by the commissioner of health under
97.36section 144.50, subdivision 6; a nursing home as defined in section 144A.01, subdivision
98.15 ; a residence registered with the commissioner of health as a housing with services
98.2establishment as defined in section 144D.01, subdivision 4; a veterans home operated by
98.3the board of directors of the Minnesota Veterans Homes under chapter 198; a residence
98.4licensed by the commissioner of human services to provide a residential program as
98.5defined in section 245A.02, subdivision 14; a residential facility for persons with a
98.6developmental disability licensed by the commissioner of human services under section
98.7252.28; group residential housing as defined in section 256I.03, subdivision 3; a shelter
98.8for battered women as defined in section 611A.37, subdivision 4; or a supervised
98.9publicly or privately operated shelter or dwelling designed to provide temporary living
98.10accommodations for the homeless.
98.11    (d) For tribal band members, an individual may prove residence for purposes of
98.12registering by:
98.13    (1) presenting an identification card issued by the tribal government of a tribe
98.14recognized by the Bureau of Indian Affairs, United States Department of the Interior, that
98.15contains the name, address, signature, and picture of the individual; or
98.16    (2) presenting an identification card issued by the tribal government of a tribe
98.17recognized by the Bureau of Indian Affairs, United States Department of the Interior, that
98.18contains the name, signature, and picture of the individual and also presenting one of the
98.19documents listed in Minnesota Rules, part 8200.5100, subpart 2, item B.
98.20    (c) An employee of a residential facility must prove employment with that
98.21facility by presenting a current identification card issued by the facility or other official
98.22documentation verifying the employee's current status with the facility on election day to
98.23be eligible to vouch for individuals residing in that facility.
98.24    (e) (d) A county, school district, or municipality may require that an election judge
98.25responsible for election day registration initial each completed registration application.
98.26EFFECTIVE DATE.This section is effective September 1, 2007.

98.27    Sec. 8. Minnesota Statutes 2006, section 201.071, subdivision 1, is amended to read:
98.28    Subdivision 1. Form. A voter registration application must be of suitable size and
98.29weight for mailing and contain spaces for the following required information: voter's first
98.30name, middle name, and last name; voter's previous name, if any; voter's current address;
98.31voter's previous address, if any; voter's date of birth; voter's municipality and county of
98.32residence; voter's telephone number, if provided by the voter; date of registration; current
98.33and valid Minnesota driver's license number or Minnesota state identification number,
98.34or if the voter has no current and valid Minnesota driver's license or Minnesota state
98.35identification, and the last four digits of the voter's Social Security number; and voter's
99.1signature. The registration application may include the voter's e-mail address, if provided
99.2by the voter, and the voter's interest in serving as an election judge, if indicated by the
99.3voter. The application must also contain the following certification of voter eligibility:
99.4    "I certify that I:
99.5    (1) will be at least 18 years old on election day;
99.6    (2) am a citizen of the United States;
99.7    (3) will have resided in Minnesota for 20 days immediately preceding election day;
99.8    (4) maintain residence at the address given on the registration form;
99.9    (5) am not under court-ordered guardianship in which the court order revokes my
99.10right to vote;
99.11    (6) have not been found by a court to be legally incompetent to vote;
99.12    (7) have the right to vote because, if I have been convicted of a felony, my felony
99.13sentence has expired (been completed) or I have been discharged from my sentence; and
99.14    (8) have read and understand the following statement: that giving false information
99.15is a felony punishable by not more than five years imprisonment or a fine of not more
99.16than $10,000, or both."
99.17    The certification must include boxes for the voter to respond to the following
99.18questions:
99.19    "(1) Are you a citizen of the United States?" and
99.20    "(2) Will you be 18 years old on or before election day?"
99.21    And the instruction:
99.22    "If you checked 'no' to either of these questions, do not complete this form."
99.23    The form of the voter registration application and the certification of voter eligibility
99.24must be as provided in this subdivision and approved by the secretary of state. Voter
99.25registration forms authorized by the National Voter Registration Act must also be accepted
99.26as valid. The federal postcard application form must also be accepted as valid if it is not
99.27deficient and the voter is eligible to register in Minnesota.
99.28    An individual may use a voter registration application to apply to register to vote in
99.29Minnesota or to change information on an existing registration.
99.30    A paper voter registration application must include space for the voter's signature
99.31and be of suitable size and weight for mailing.

99.32    Sec. 9. Minnesota Statutes 2006, section 201.091, is amended by adding a subdivision
99.33to read:
99.34    Subd. 5a. Registration verification to registered voter. The secretary of state
99.35must provide for voter registration verification to a registered voter on the secretary of
99.36state's Web site. An individual must provide the individual's name, address, and date of
100.1birth when requesting registration verification. If the verification information provided
100.2completely matches an active registration record in the statewide registration system, the
100.3individual must be informed that the individual is a registered voter and provided with
100.4the individual's polling place location. If the verification information provided does not
100.5completely match an active registration record in the statewide registration system, the
100.6individual must be informed that a registration record at the name and address provided
100.7cannot be retrieved and advised to contact the county auditor or secretary of state for
100.8further information.

100.9    Sec. 10. Minnesota Statutes 2006, section 201.091, subdivision 9, is amended to read:
100.10    Subd. 9. Restricted data. A list provided for public inspection or purchase, for
100.11jury selection, or in response to a law enforcement inquiry, must not include a voter's
100.12date of birth or any part of a voter's Social Security number, driver's license number, or
100.13identification card number, military identification card number, or passport number.

100.14    Sec. 11. Minnesota Statutes 2006, section 201.12, is amended to read:
100.15201.12 PROPER REGISTRATION; VERIFICATION BY MAIL;
100.16CHALLENGES.
100.17    Subdivision 1. Notice of registration. To prevent fraudulent voting and to eliminate
100.18excess names, the county auditor may mail to any registered voter a notice stating the
100.19voter's name and address as they appear in the registration files. The notice shall request
100.20the voter to notify the county auditor if there is any mistake in the information.
100.21    Subd. 2. Challenges Moved within state. If the notice is returned as undeliverable
100.22but with a permanent forwarding address in this state, the county auditor shall notify the
100.23auditor of the county where the voter resides. Upon receipt of the notice, the county
100.24auditor shall update the voter's address in the statewide voter registration system and mail
100.25to the voter the notice of registration required by section 201.121, subdivision 2. The
100.26notice must advise the voter that the voter's voting address has been changed and that the
100.27voter must notify the county auditor within 21 days if the new address is not what the
100.28voter intended to be their permanent address.
100.29    Subd. 3. Moved out of state. If the notice is returned as undeliverable but with a
100.30permanent forwarding address outside this state, the county auditor shall promptly mail
100.31to the voter at the forwarding address a notice advising the voter that the voter's voter
100.32registration in this state will be deleted unless the voter notifies the county auditor within
100.3321 days that the voter intends to retain the former address as the voter's permanent address.
100.34If the notice is not received by the deadline, the county auditor shall delete the registration.
101.1    Subd. 4. Challenges. Upon return of any nonforwardable mailing from an
101.2election official, the county auditor or the auditor's staff shall ascertain the name and
101.3address of that individual. If the individual is no longer at the address recorded in the
101.4statewide registration system If the notice is returned as undeliverable but with no
101.5forwarding address, the county auditor shall change the registrant's status to "challenged"
101.6in the statewide registration system. An individual challenged in accordance with this
101.7subdivision shall comply with the provisions of section 204C.12, before being allowed to
101.8vote. If a notice mailed at least 60 days after the return of the first nonforwardable mailing
101.9is also returned by the postal service, the county auditor shall change the registrant's status
101.10to "inactive" in the statewide registration system.
101.11EFFECTIVE DATE.This section is effective August 1, 2007.

101.12    Sec. 12. Minnesota Statutes 2006, section 201.13, subdivision 3, is amended to read:
101.13    Subd. 3. Use of change of address system. The county auditor may delete the
101.14records in the statewide registration system of voters whose change of address can be
101.15confirmed by the United States Postal Service. The secretary of state may provide the
101.16county auditors with periodic reports on voters whose change of address can be confirmed
101.17by the United States Postal Service.
101.18    (a) At least once each month the secretary of state shall obtain a list of individuals in
101.19this state who have filed with the United States Postal Service a change of their permanent
101.20address. If an individual is registered as a voter in the statewide voter registration system
101.21and the change is to another address in this state, the secretary of state shall transmit
101.22the registration by electronic means to the county auditor of the county where the voter
101.23resides. Upon receipt of the registration, the county auditor shall update the voter's
101.24address in the statewide voter registration system and mail to the voter the notice of
101.25registration required by section 201.121, subdivision 2. The notice must advise the voter
101.26that the voter's permanent address has been changed and that the voter must notify the
101.27county auditor within 21 days if the new address is not what the voter intended to be the
101.28voter's permanent address.
101.29    (b) If the change of permanent address is to a forwarding address outside this state,
101.30the secretary of state shall notify by electronic means the auditor of the county where the
101.31voter formerly resided that the voter has left the state. The county auditor shall promptly
101.32mail to the voter at the forwarding address a notice advising the voter that the voter's voter
101.33registration in this state will be deleted unless the voter notifies the county auditor within
101.3421 days that the voter intends to retain the former address as the voter's permanent address.
101.35If the notice is not received by the deadline, the county auditor shall delete the registration.
102.1EFFECTIVE DATE.This section is effective April 1, 2008.

102.2    Sec. 13. Minnesota Statutes 2006, section 201.161, is amended to read:
102.3201.161 AUTOMATIC REGISTRATION OF DRIVER'S LICENSE,
102.4INSTRUCTION PERMIT, AND IDENTIFICATION CARD APPLICATIONS
102.5APPLICANTS.
102.6    Subdivision 1. Automatic registration. An individual who properly completes
102.7an application for a new or renewed Minnesota driver's license, instruction permit, or
102.8identification card, and who is eligible to vote under section 201.014, must be registered to
102.9vote as provided in this section, unless the applicant declines to be registered.
102.10    Subd. 2. Applications. The Department commissioner of public safety, in
102.11consultation with the secretary of state, shall change its the applications for an original,
102.12duplicate, or change of address driver's license, instruction permit, or identification card so
102.13that the forms may also serve as voter registration applications. The forms must contain
102.14spaces for all information collected by voter registration applications prescribed by the
102.15secretary of state and a box for the applicant to decline to be registered to vote. Applicants
102.16for driver's licenses or identification cards must be asked if they want to register to vote
102.17at the same time and that If the applicant has not declined to be registered to vote, the
102.18commissioner shall transmit the information must be transmitted at least weekly daily by
102.19electronic means to the secretary of state. Pursuant to the Help America Vote Act of 2002,
102.20Public Law 107-252, the computerized driver's license record containing the voter's name,
102.21address, date of birth, citizenship, driver's license number or state identification number,
102.22county, town, and city or town, and signature must be made available for access by the
102.23secretary of state and interaction with the statewide voter registration system.
102.24    Subd. 3. Registration. (a) The secretary of state shall determine whether the
102.25applicant is currently registered in the statewide voter registration system. For each
102.26currently registered voter whose registration is not changed, the secretary of state shall
102.27update the voter's registration date in the statewide voter registration system. For each
102.28currently registered voter whose registration is changed, the secretary of state shall
102.29transmit the registration daily by electronic means to the county auditor of the county
102.30where the voter resides.
102.31    (b) If the applicant is not currently registered in the statewide voter registration
102.32system, the secretary of state shall determine whether the applicant is 18 years of age or
102.33older and a citizen of the United States and compare the voter registration information
102.34received from the commissioner of public safety with the information on wards,
102.35incompetents, and felons received from the state court administrator under sections 201.15
103.1and 201.155, to determine whether the applicant is eligible to vote. If an applicant is
103.2less than 18 years of age, the secretary of state shall wait until the applicant has turned
103.318 years of age to determine whether the applicant is eligible to vote. For each applicant
103.4the secretary of state determines is an eligible voter, the secretary of state shall transmit
103.5the registration daily by electronic means to the county auditor of the county where the
103.6voter resides.
103.7    Subd. 4. Notice. Upon receipt of the registration, the county auditor shall mail to
103.8the voter the notice of registration required by section 201.121, subdivision 2.
103.9    Subd. 5. Effective date. An application for registration that is dated during the 20
103.10days before an election in any jurisdiction within which the voter resides is not effective
103.11until the day after the election.

103.12    Sec. 14. Minnesota Statutes 2006, section 201.171, is amended to read:
103.13201.171 POSTING VOTING HISTORY; FAILURE TO VOTE;
103.14REGISTRATION REMOVED.
103.15    Within six weeks after every election, the county auditor shall post the voting
103.16history for every person who voted in the election. After the close of the calendar year, the
103.17secretary of state shall determine if any registrants have not voted during the preceding
103.18four six years. The secretary of state shall perform list maintenance by changing the status
103.19of those registrants to "inactive" in the statewide registration system. The list maintenance
103.20performed must be conducted in a manner that ensures that the name of each registered
103.21voter appears in the official list of eligible voters in the statewide registration system.
103.22A voter must not be removed from the official list of eligible voters unless the voter is
103.23not eligible or is not registered to vote. List maintenance must include procedures for
103.24eliminating duplicate names from the official list of eligible voters.
103.25    The secretary of state shall also prepare a report to the county auditor containing the
103.26names of all registrants whose status was changed to "inactive."
103.27    Registrants whose status was changed to "inactive" must register in the manner
103.28specified in section 201.054 before voting in any primary, special primary, general, school
103.29district, or special election, as required by section 201.018.
103.30    Although not counted in an election, a late or rejected absentee or mail ballot must
103.31be considered a vote for the purpose of continuing registration.

103.32    Sec. 15. Minnesota Statutes 2006, section 203B.02, subdivision 1, is amended to read:
103.33    Subdivision 1. Unable to go to polling place Eligibility for absentee voting. (a)
103.34Any eligible voter who reasonably expects to be unable to go to the polling place on
103.35election day in the precinct where the individual maintains residence because of absence
104.1from the precinct; illness, including isolation or quarantine under sections 144.419
104.2to 144.4196 or United States Code, title 42, sections 264 to 272; disability; religious
104.3discipline; observance of a religious holiday; or service as an election judge in another
104.4precinct may vote by absentee ballot as provided in sections 203B.04 to 203B.15.
104.5    (b) If the governor has declared an emergency and filed the declaration with the
104.6secretary of state under section 12.31, and the declaration states that the emergency has
104.7made it difficult for voters to go to the polling place on election day, any voter in a
104.8precinct covered by the declaration may vote by absentee ballot as provided in sections
104.9203B.04 to 203B.15.
104.10EFFECTIVE DATE.This section is effective April 1, 2008.

104.11    Sec. 16. Minnesota Statutes 2006, section 203B.04, subdivision 1, is amended to read:
104.12    Subdivision 1. Application procedures. Except as otherwise allowed by
104.13subdivision 2, an application for absentee ballots for any election may be submitted at
104.14any time not less than one day before the day of that election. The county auditor shall
104.15prepare absentee ballot application forms in the format provided by the secretary of state,
104.16notwithstanding rules on absentee ballot forms, and shall furnish them to any person on
104.17request. By January 1 of each even-numbered year, the secretary of state shall make the
104.18forms to be used available to auditors through electronic means. An application submitted
104.19pursuant to this subdivision shall be in writing and shall be submitted to:
104.20    (a) (1) the county auditor of the county where the applicant maintains residence; or
104.21    (b) (2) the municipal clerk of the municipality, or school district if applicable, where
104.22the applicant maintains residence.
104.23    An application shall be approved if it is timely received, signed and dated by the
104.24applicant, contains the applicant's name and residence and mailing addresses, and states
104.25that the applicant is eligible to vote by absentee ballot for one of the reasons specified in
104.26section 203B.02. The application may contain a request for the voter's date of birth, which
104.27must not be made available for public inspection. An application may be submitted to
104.28the county auditor or municipal clerk by an electronic facsimile device. An application
104.29mailed or returned in person to the county auditor or municipal clerk on behalf of a voter
104.30by a person other than the voter must be deposited in the mail or returned in person to
104.31the county auditor or municipal clerk within ten days after it has been dated by the voter
104.32and no later than six days before the election. The absentee ballot applications or a list of
104.33persons applying for an absentee ballot may not be made available for public inspection
104.34until the close of voting on election day.
105.1    An application under this subdivision may contain an application under subdivision
105.25 to automatically receive an absentee ballot application.
105.3EFFECTIVE DATE.This section is effective April 1, 2008.

105.4    Sec. 17. Minnesota Statutes 2006, section 203B.04, subdivision 6, is amended to read:
105.5    Subd. 6. Ongoing absentee status; termination; rules. (a) An eligible voter
105.6may apply to a county auditor or municipal clerk for status as an ongoing absentee voter
105.7who reasonably expects to meet the requirements of section 203B.02, subdivision 1.
105.8The voter may decline to receive an absentee ballot for one or more elections, provided
105.9the request is received by the county auditor or municipal clerk at least five days before
105.10the deadline in section 204B.35 for delivering ballots for the election to which it applies.
105.11Each applicant must automatically be provided with an absentee ballot application for
105.12each ensuing election, other than an election by mail conducted under section 204B.45,
105.13or as otherwise requested by the voter, and must have the status of ongoing absentee voter
105.14indicated on the voter's registration record.
105.15    (b) Ongoing absentee voter status ends on:
105.16    (1) the voter's written request;
105.17    (2) the voter's death;
105.18    (3) return of an ongoing absentee ballot as undeliverable;
105.19    (4) a change in the voter's status so that the voter is not eligible to vote under section
105.20201.15 or 201.155; or
105.21    (5) placement of the voter's registration on inactive status under section 201.171.
105.22    (c) The secretary of state shall adopt rules governing procedures under this
105.23subdivision.
105.24EFFECTIVE DATE.This section is effective April 1, 2008.

105.25    Sec. 18. Minnesota Statutes 2006, section 203B.06, subdivision 3, is amended to read:
105.26    Subd. 3. Delivery of ballots. (a) If an application for absentee ballots is accepted
105.27at a time when absentee ballots are not yet available for distribution, the county auditor,
105.28or municipal clerk accepting the application shall file it and as soon as absentee ballots
105.29are available for distribution shall mail them to the address specified in the application.
105.30If an application for absentee ballots is accepted when absentee ballots are available for
105.31distribution, the county auditor or municipal clerk accepting the application shall promptly:
105.32    (1) mail the ballots to the voter whose signature appears on the application if the
105.33application is submitted by mail and does not request commercial shipping under clause
105.34(2);
106.1    (2) ship the ballots to the voter using a commercial shipper requested by the voter at
106.2the voter's expense;
106.3    (3) deliver the absentee ballots directly to the voter if the application is submitted in
106.4person; or
106.5    (4) deliver the absentee ballots in a sealed transmittal envelope to an agent who has
106.6been designated to bring the ballots, as provided in section 203B.11, subdivision 4, to a
106.7voter who is would have difficulty getting to the polls because of health reasons, or who is
106.8disabled, a patient in a health care facility, as provided in section 203B.11, subdivision
106.94 , a resident of a facility providing assisted living services governed by chapter 144G, a
106.10participant in a residential program for adults licensed under section 245A.02, subdivision
106.1114 , or a resident of a shelter for battered women as defined in section 611A.37, subdivision
106.124 .
106.13    (b) If an application does not indicate the election for which absentee ballots are
106.14sought, the county auditor or municipal clerk shall mail or deliver only the ballots for
106.15the next election occurring after receipt of the application. Only one set of ballots may
106.16be mailed, shipped, or delivered to an applicant for any election, except as provided in
106.17section 203B.13, subdivision 2, or when a replacement ballot has been requested by the
106.18voter for a ballot that has been spoiled or lost in transit.
106.19EFFECTIVE DATE.This section is effective August 1, 2007.

106.20    Sec. 19. Minnesota Statutes 2006, section 203B.07, subdivision 2, is amended to read:
106.21    Subd. 2. Design of envelopes. The return envelope shall be of sufficient size
106.22to conveniently enclose and contain the ballot envelope and a voter registration card
106.23application folded along its perforations. The return envelope shall be designed to open
106.24on the left-hand end. Notwithstanding any rule to the contrary, the return envelope must
106.25be designed in one of the following ways:
106.26    (1) it must be of sufficient size to contain an additional envelope that when sealed,
106.27conceals the signature, identification, and other information; or
106.28    (2) it must provide an additional flap that when sealed, conceals the signature,
106.29identification, and other information. Election officials may open the flap or the additional
106.30envelope at any time after receiving the returned ballot to inspect the returned certificate
106.31for completeness or to ascertain other information. A certificate of eligibility to vote by
106.32absentee ballot shall be printed on the back of the envelope. The certificate shall contain
106.33a statement to be signed and sworn by the voter indicating that the voter meets all of
106.34the requirements established by law for voting by absentee ballot. If the voter was not
106.35previously registered, the certificate shall also contain a statement signed by a person who
107.1is registered to vote in Minnesota or by a notary public or other individual authorized
107.2to administer oaths stating that:
107.3    (a) (i) the ballots were displayed to that individual unmarked;
107.4    (b) (ii) the voter marked the ballots in that individual's presence without showing
107.5how they were marked, or, if the voter was physically unable to mark them, that the voter
107.6directed another individual to mark them; and
107.7    (c) if the voter was not previously registered, (iii) the voter has provided proof of
107.8residence as required by section 201.061, subdivision 3.
107.9    The county auditor or municipal clerk shall affix first class postage to the return
107.10envelopes.
107.11EFFECTIVE DATE.This section is effective April 1, 2008.

107.12    Sec. 20. Minnesota Statutes 2006, section 203B.081, is amended to read:
107.13203B.081 LOCATIONS FOR ABSENTEE VOTING IN PERSON.
107.14    An eligible voter may vote by absentee ballot during the 30 days before the election
107.15in the office of the county auditor and at any other polling place designated by the county
107.16auditor. The county auditor shall make such designations at least 90 days before the
107.17election. At least one voting booth and at least one electronic ballot marker in each polling
107.18place must be made available by the county auditor for this purpose.

107.19    Sec. 21. Minnesota Statutes 2006, section 203B.11, subdivision 4, is amended to read:
107.20    Subd. 4. Agent delivery of ballots. During the four seven days preceding an
107.21election and until 2:00 p.m. on election day, an eligible voter who is would have difficulty
107.22getting to the polls because of health reasons, or who is disabled, a patient of a health care
107.23facility, a resident of a facility providing assisted living services governed by chapter
107.24144G, a participant in a residential program for adults licensed under section 245A.02,
107.25subdivision 14, or a resident of a shelter for battered women as defined in section 611A.37,
107.26subdivision 4, may designate an agent to deliver the ballots to the voter from the county
107.27auditor or municipal clerk. A candidate at the election may not be designated as an agent.
107.28The voted ballots must be returned to the county auditor or municipal clerk no later than
107.293:00 p.m. on election day. The voter must complete an affidavit requesting the auditor or
107.30clerk to provide the agent with the ballots in a sealed transmittal envelope. The affidavit
107.31must include a statement from the voter stating that the ballots were delivered to the voter
107.32by the agent in the sealed transmittal envelope. An agent may deliver ballots to no more
107.33than three persons in any election. The secretary of state shall provide samples of the
107.34affidavit and transmission envelope for use by the county auditors.
107.35EFFECTIVE DATE.This section is effective August 1, 2007.

108.1    Sec. 22. Minnesota Statutes 2006, section 203B.12, subdivision 4, is amended to read:
108.2    Subd. 4. Placement in container; opening and counting of ballots. The ballot
108.3envelopes from return envelopes marked "Accepted" shall be placed by the election
108.4judges in a separate absentee ballot container. The container and each ballot envelope may
108.5be opened only after the last regular mail delivery by the United States postal service
108.6noon on election day. The ballots shall then be initialed by the election judges in the
108.7same manner as ballots delivered by them to voters in person and shall be deposited in
108.8the appropriate ballot box.
108.9    If more than one ballot of any kind is enclosed in the ballot envelope, none of the
108.10ballots of that kind shall be counted but all ballots of that kind shall be returned in the
108.11manner provided by section 204C.25 for return of spoiled ballots.

108.12    Sec. 23. Minnesota Statutes 2006, section 203B.13, subdivision 1, is amended to read:
108.13    Subdivision 1. Establishment. The governing body of any county that has
108.14established a counting center as provided in section 206.85, subdivision 2, any
108.15municipality, or any school district may by ordinance or resolution, authorize an absentee
108.16ballot board. The board shall consist of a sufficient number of election judges appointed as
108.17provided in sections 204B.19 to 204B.22.

108.18    Sec. 24. Minnesota Statutes 2006, section 203B.13, subdivision 2, is amended to read:
108.19    Subd. 2. Duties. The absentee ballot board may do any of the following:
108.20    (a) receive from each precinct in the municipality or school district all ballot
108.21envelopes marked "Accepted" by the election judges; provided that the governing body of
108.22a municipality or the school board of a school district may authorize the board to examine
108.23all return absentee ballot envelopes and receive accept or reject absentee ballots in the
108.24manner provided in section 203B.12;.
108.25    (b) open and count the absentee ballots, tabulating the vote in a manner that indicates
108.26each vote of the absentee voter and the total absentee vote cast for each candidate or
108.27question in each precinct; or
108.28    (c) report the vote totals tabulated for each precinct.
108.29    The absentee ballot board may begin the process of examining the return envelopes
108.30and marking them "accepted" or "rejected" at any time during the 30 days before the
108.31election. If an envelope has been rejected at least five days before the election, the
108.32ballots in the envelope must be considered spoiled ballots and the official in charge of the
108.33absentee ballot board shall provide the voter with a replacement absentee ballot and return
108.34envelope in place of the spoiled ballot. The secretary of state shall provide samples of the
108.35replacement ballot and return envelope for use by the county auditor.

109.1    Sec. 25. Minnesota Statutes 2006, section 203B.16, subdivision 2, is amended to read:
109.2    Subd. 2. Permanent residence outside United States. Sections 203B.16 to
109.3203B.27 provide the exclusive voting procedure for United States citizens who are
109.4living permanently outside the territorial limits of the United States who meet all the
109.5qualifications of an eligible voter except residence in Minnesota, but who are authorized
109.6by federal law to vote in Minnesota because they maintained residence in Minnesota for
109.7at least 20 days immediately prior to their departure from the United States or because,
109.8although they have never resided in the United States, they have a parent who is eligible to
109.9vote in Minnesota. Individuals described in this subdivision shall be permitted to vote
109.10only for the offices of president, vice-president, senator in Congress, and representative in
109.11Congress.
109.12EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.

109.13    Sec. 26. Minnesota Statutes 2006, section 203B.17, subdivision 2, is amended to read:
109.14    Subd. 2. Required information. An application shall be accepted if it contains the
109.15following information stated under oath:
109.16    (a) the voter's name, birthdate, and present address of residence in Minnesota, or
109.17former address of residence in Minnesota if the voter is living permanently outside the
109.18United States;
109.19    (b) a statement indicating that the voter is in the military, or is the spouse or
109.20dependent of an individual serving in the military, or is temporarily outside the territorial
109.21limits of the United States, or is living permanently outside the territorial limits of the
109.22United States and voting under federal law;
109.23    (c) a statement that the voter expects to be absent from the precinct at the time
109.24of the election;
109.25    (d) the address to which absentee ballots are to be mailed;
109.26    (e) the voter's signature or the signature and relationship of the individual authorized
109.27to apply on the voter's behalf; and
109.28    (f) the voter's military identification card number, passport number, or Minnesota
109.29driver's license or state identification card number,; if the voter does not have a valid
109.30passport or identification card, the signed statement of an individual authorized to
109.31administer oaths or a commissioned or noncommissioned officer of the military not
109.32below the rank of sergeant or its equivalent, certifying that the voter or other individual
109.33requesting absentee ballots has attested to the truthfulness of the contents of the application
109.34under oath.
110.1    The oath taken must be the standard oath prescribed by section 101(b)(7) of the
110.2Uniformed and Overseas Citizens Absentee Voting Act.
110.3    A form for providing this information shall be prepared by each county auditor and
110.4shall be furnished to individuals who request it pursuant to this section. access to any of
110.5these documents, the voter may attest to the truthfulness of the contents of the application
110.6under penalty of perjury.
110.7EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.

110.8    Sec. 27. Minnesota Statutes 2006, section 203B.21, subdivision 2, is amended to read:
110.9    Subd. 2. Mailing of ballots; return. Ballots and instructions for marking them,
110.10ballot envelopes, and return envelopes shall be sent by first class mail to addresses within
110.11the continental United States and by air mail to addresses outside the continental United
110.12States, unless the voter requests to have the ballot, instructions, and certificate of voter
110.13eligibility sent electronically, as provided for by section 203B.225. The ballot envelope
110.14and return envelope shall be marked "Official Ballot," and shall contain sufficient postage
110.15to assure proper return delivery. The return envelope shall be addressed to comply with any
110.16method for return of absentee ballots as authorized under section 203B.08, subdivision 2.
110.17EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.

110.18    Sec. 28. Minnesota Statutes 2006, section 203B.21, subdivision 3, is amended to read:
110.19    Subd. 3. Back of return envelope. On the back of the return envelope an affidavit
110.20form shall appear with space for:
110.21    (a) the voter's address of present or former residence in Minnesota;
110.22    (b) a statement indicating the category described in section 203B.16 to which the
110.23voter belongs;
110.24    (c) a statement that the voter has not cast and will not cast another absentee ballot
110.25in the same election or elections;
110.26    (d) a statement that the voter personally marked the ballots without showing them to
110.27anyone, or if physically unable to mark them, that the voter directed another individual
110.28to mark them; and
110.29    (e) the same voter's military identification card number, passport number, or
110.30Minnesota driver's license or state identification card number as provided on the absentee
110.31ballot application,; if the voter does not have a valid passport or identification card,
110.32the signature and certification of an individual authorized to administer oaths under
110.33federal law or the law of the place where the oath was administered or commissioned or
110.34noncommissioned personnel of the military not below the rank of sergeant or its equivalent
111.1access to any of these documents, the voter may attest to the truthfulness of the contents of
111.2the application under penalty of perjury.
111.3    The affidavit shall also contain a signed and dated oath in the form required by
111.4section 705 of the Help America Vote Act, Public Law 107-252, which must read:
111.5    "I swear or affirm, under penalty of perjury, that:
111.6    I am a member of the uniformed services or merchant marine on active duty or
111.7an eligible spouse or dependent of such a member; a United States citizen temporarily
111.8residing outside the United States; or other United States citizen residing outside the
111.9United States; and I am a United States citizen, at least 18 years of age (or will be by the
111.10date of the election), and I am eligible to vote in the requested jurisdiction; I have not
111.11been convicted of a felony, or other disqualifying offense, or been adjudicated mentally
111.12incompetent, or, if so, my voting rights have been reinstated; and I am not registering,
111.13requesting a ballot, or voting in any other jurisdiction in the United States except the
111.14jurisdiction cited in this voting form. In voting, I have marked and sealed my ballot in
111.15private and have not allowed any person to observe the marking of the ballot, except for
111.16those authorized to assist voters under state or federal law. I have not been influenced.
111.17    My signature and date below indicate when I completed this document.
111.18    The information on this form is true, accurate, and complete to the best of my
111.19knowledge. I understand that a material misstatement of fact in completion of this
111.20document may constitute grounds for a conviction for perjury."
111.21EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.

111.22    Sec. 29. Minnesota Statutes 2006, section 203B.22, is amended to read:
111.23203B.22 MAILING BALLOTS.
111.24    The county auditor shall mail the appropriate ballots, as promptly as possible, to an
111.25absent voter whose application has been recorded under section 203B.19. If the county
111.26auditor determines that a voter is not eligible to vote at the primary but will be eligible to
111.27vote at the general election, only general election ballots shall be mailed. Only one set of
111.28ballots shall be mailed to any applicant for any election, except that the county auditor
111.29may mail a replacement ballot to a voter whose ballot has been spoiled or lost in transit
111.30or whose mailing address has changed after the date on which the original application
111.31was submitted as confirmed by the county auditor. Ballots to be sent outside the United
111.32States shall be given priority in mailing. A county auditor may make use of any special
111.33service provided by the United States government for the mailing of voting materials
111.34under sections 203B.16 to 203B.27.
111.35EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.

112.1    Sec. 30. [203B.225] TRANSMITTING AND RETURNING BALLOTS.
112.2    Subdivision 1. Transmitting ballot and voter certification. Upon receipt of a
112.3properly completed application, the county auditor may electronically transmit to the voter
112.4the appropriate ballots, instructions, and affidavit form and certification of voter eligibility
112.5provided in section 203B.21, subdivision 3.
112.6    Subd. 2. Returning voted ballots. The voter must return the voted ballots and the
112.7certificate of voter eligibility to the county auditor in a sealed envelope. Upon receipt
112.8of a ballot, the county auditor must immediately compare the information provided on
112.9the absentee ballot application with the information provided on the certificate of voter
112.10eligibility. After the information on the certificate of voter eligibility has been verified,
112.11the certificate must be attached to the ballot secrecy envelope and placed with the other
112.12absentee ballots for the precinct in which the voter resides.
112.13    Subd. 3. Rejecting transmitted ballots. If the county auditor cannot verify that the
112.14ballots were returned by the same person to whom the absentee ballot application was
112.15transmitted, the ballots must be rejected and no votes on the ballots may be counted.
112.16EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.

112.17    Sec. 31. [203B.227] WRITE-IN ABSENTEE BALLOT.
112.18    An eligible voter who will be outside the territorial limits of the United States during
112.19the 180 days prior to the state general election may use the federal write-in absentee ballot
112.20to vote in any federal, state, or local election.
112.21EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.

112.22    Sec. 32. Minnesota Statutes 2006, section 203B.24, subdivision 1, is amended to read:
112.23    Subdivision 1. Check of voter eligibility; proper execution of affidavit. Upon
112.24receipt of an absentee ballot returned as provided in sections 203B.16 to 203B.27, the
112.25election judges shall compare the voter's name with the names appearing on their copy of
112.26the application records to insure that the ballot is from a voter eligible to cast an absentee
112.27ballot under sections 203B.16 to 203B.27. The election judges shall mark the return
112.28envelope "Accepted" and initial or sign the return envelope below the word "Accepted" if
112.29the election judges are satisfied that:
112.30    (1) the voter's name on the return envelope appears in substantially the same form as
112.31on the application records provided to the election judges by the county auditor;
112.32    (2) the voter has signed the federal oath prescribed pursuant to section 705(b)(2) of
112.33the Help America Vote Act, Public Law 107-252;
113.1    (3) the voter has set forth the same voter's military identification number or, passport
113.2number, or, if those numbers do not appear, a person authorized to administer oaths under
113.3federal law or the law of the place where the oath was administered or a witness who is
113.4military personnel with a rank at or above the rank of sergeant or its equivalent has signed
113.5the ballot Minnesota driver's license or state identification card number as submitted on
113.6the application, if the voter has one of these documents; and
113.7    (4) the voter has not already voted at that election, either in person or by absentee
113.8ballot.
113.9    An absentee ballot case pursuant to sections 203B.16 to 203B.27 may only be
113.10rejected for the lack of one of clauses (1) to (4). In particular, failure to place the ballot
113.11within the security envelope before placing it in the outer white envelope is not a reason to
113.12reject an absentee ballot.
113.13    Election judges must note the reason for rejection on the back of the envelope in the
113.14space provided for that purpose.
113.15    Failure to return unused ballots shall not invalidate a marked ballot, but a ballot
113.16shall not be counted if the affidavit on the return envelope is not properly executed. In
113.17all other respects the provisions of the Minnesota Election Law governing deposit and
113.18counting of ballots shall apply.
113.19EFFECTIVE DATE.This section is effective for elections held after April 1, 2008.

113.20    Sec. 33. [203B.28] EMERGENCY POWERS.
113.21    (a) If the governor has declared an emergency and filed the declaration with the
113.22secretary of state under section 12.31, or if a natural disaster or armed conflict involving
113.23the United States Armed Forces, or mobilization of those forces, including National Guard
113.24and reserve components of this state, makes substantial compliance with the Uniformed
113.25and Overseas Citizens Absentee Voting Act impossible or unreasonable, the secretary of
113.26state may prescribe, by emergency orders, special procedures or requirements necessary to
113.27facilitate absentee voting by those citizens directly affected who otherwise are eligible
113.28to vote in this state.
113.29    (b) The secretary of state shall adopt rules describing the emergency powers and the
113.30situations in which the powers must be exercised.
113.31EFFECTIVE DATE.Paragraph (a) is effective for elections held after April 1,
113.322008. Paragraph (b) is effective the day following final enactment.

113.33    Sec. 34. Minnesota Statutes 2006, section 204B.06, subdivision 1, is amended to read:
113.34    Subdivision 1. Form of affidavit. An affidavit of candidacy shall state the name of
113.35the office sought and, except as provided in subdivision 4, shall state that the candidate:
114.1    (1) is an eligible voter;
114.2    (2) has no other affidavit on file as a candidate for any office at the same primary
114.3or next ensuing general election, except that a candidate for soil and water conservation
114.4district supervisor in a district not located in whole or in part in Anoka, Hennepin,
114.5Ramsey, or Washington County, may also have on file an affidavit of candidacy for
114.6mayor or council member of a statutory or home rule charter city of not more than 2,500
114.7population contained in whole or in part in the soil and water conservation district or for
114.8town supervisor in a town of not more than 2,500 population contained in whole or in part
114.9in the soil and water conservation district; and
114.10    (3) is, or will be on assuming the office, 21 years of age or more, and will have
114.11maintained residence in the district from which the candidate seeks election for 30 days
114.12before the general election.
114.13    An affidavit of candidacy must include a statement that the candidate's name as
114.14written on the affidavit for ballot designation is the candidate's true name or the name by
114.15which the candidate is commonly and generally known in the community.
114.16    An affidavit of candidacy for partisan office shall also state the name of the
114.17candidate's political party or political principle, stated in three words or less. Except as
114.18provided in section 204B.09, subdivision 1a, the affidavit of candidacy must include an
114.19original signature of the candidate.

114.20    Sec. 35. Minnesota Statutes 2006, section 204B.09, subdivision 1, is amended to read:
114.21    Subdivision 1. Candidates in state and county general elections. (a) Except as
114.22otherwise provided by this subdivision, affidavits of candidacy and nominating petitions
114.23for county, state, and federal offices filled at the state general election shall be filed not
114.24more than 70 days nor less than 56 days before the state primary. The affidavit may
114.25be prepared and signed at any time between 60 days before the filing period opens and
114.26the last day of the filing period.
114.27    (b) Notwithstanding other law to the contrary, the affidavit of candidacy must be
114.28signed in the presence of a notarial officer or an individual authorized to administer oaths
114.29under section 358.10.
114.30    (c) This provision does not apply to candidates for presidential elector nominated
114.31by major political parties. Major party candidates for presidential elector are certified
114.32under section 208.03. Other candidates for presidential electors may file petitions on or
114.33before the state primary day pursuant to section 204B.07, but no earlier than 70 days
114.34before the state primary . Nominating petitions to fill vacancies in nominations shall be
114.35filed as provided in section 204B.13. No affidavit or petition shall be accepted later than
114.365:00 p.m. on the last day for filing.
115.1    (d) Affidavits and petitions for county offices to be voted on in only one county shall
115.2must be filed with the county auditor of that county. Affidavits and petitions for federal
115.3offices to be voted on in more than one county shall must be filed with the secretary of
115.4state. Affidavits and petitions for state offices must be filed with the secretary of state or
115.5with the county auditor of the county in which the candidate resides.

115.6    Sec. 36. Minnesota Statutes 2006, section 204B.09, subdivision 1a, is amended to read:
115.7    Subd. 1a. Absent candidates. (a) A candidate for special district, county, state,
115.8or federal office who will be absent from the state during the filing period may submit
115.9a properly executed affidavit of candidacy, the appropriate filing fee, and any necessary
115.10petitions in person to the filing officer. The candidate shall state in writing the reason for
115.11being unable to submit the affidavit during the filing period. The affidavit, filing fee,
115.12and petitions must be submitted to the filing officer during the seven days immediately
115.13preceding the candidate's absence from the state. Nominating petitions may be signed
115.14during the 14 days immediately preceding the date when the affidavit of candidacy is filed.
115.15    (b) In extraordinary circumstances beyond the candidate's control that prevent
115.16the candidate from filing an affidavit of candidacy authenticated by the candidate's
115.17handwritten or other signature meeting the requirements of section 645.44, subdivision 14,
115.18the affidavit of candidacy may be filed electronically with the secretary of state along with
115.19a written statement of the extraordinary circumstances. The affidavit and statement may be
115.20authenticated either by the electronic facsimile signature of the candidate, by an electronic
115.21signature consisting of a password assigned by the secretary of state, or by another form of
115.22electronic signature approved by the secretary of state. The secretary of state may adopt
115.23rules governing the electronic filing of an affidavit of candidacy under this paragraph.

115.24    Sec. 37. Minnesota Statutes 2006, section 204B.09, subdivision 3, is amended to read:
115.25    Subd. 3. Write-in candidates. (a) A candidate for county, state, or federal office
115.26who wants write-in votes for the candidate to be counted must file a written request with
115.27the filing office for the office sought no later than the fifth seventh day before the general
115.28election. The filing officer shall provide copies of the form to make the request.
115.29    (b) A candidate for president of the United States who files a request under this
115.30subdivision must include the name of a candidate for vice-president of the United States.
115.31The request must also include the name of at least one candidate for presidential elector.
115.32The total number of names of candidates for presidential elector on the request may not
115.33exceed the total number of electoral votes to be cast by Minnesota in the presidential
115.34election.
115.35    (c) A candidate for governor who files a request under this subdivision must include
115.36the name of a candidate for lieutenant governor.

116.1    Sec. 38. Minnesota Statutes 2006, section 204B.11, subdivision 2, is amended to read:
116.2    Subd. 2. Petition in place of filing fee. At the time of filing an affidavit of
116.3candidacy, a candidate may present a petition in place of the filing fee. The petition may be
116.4circulated from the date of precinct caucuses to the end of the period for filing affidavits of
116.5candidacy. The petition may be signed by any individual eligible to vote for the candidate.
116.6A nominating petition filed pursuant to section 204B.07 or 204B.13, subdivision 4, is
116.7effective as a petition in place of a filing fee if the nominating petition includes a prominent
116.8statement informing the signers of the petition that it will be used for that purpose.
116.9    The number of signatures on a petition in place of a filing fee shall be as follows:
116.10    (a) for a state office voted on statewide, or for president of the United States, or
116.11United States senator, 2,000;
116.12    (b) for a congressional office, 1,000;
116.13    (c) for a county or legislative office, or for the office of district judge, 500; and
116.14    (d) for any other office which requires a filing fee as prescribed by law, municipal
116.15charter, or ordinance, the lesser of 500 signatures or five percent of the total number of
116.16votes cast in the municipality, ward, or other election district at the preceding general
116.17election at which that office was on the ballot.
116.18    An official with whom petitions are filed shall make sample forms for petitions in
116.19place of filing fees available upon request.

116.20    Sec. 39. Minnesota Statutes 2006, section 204B.16, subdivision 1, is amended to read:
116.21    Subdivision 1. Authority; location. The governing body of each municipality and
116.22of each county with precincts in unorganized territory shall designate by ordinance or
116.23resolution a polling place for each election precinct. Polling places must be designated
116.24and ballots must be distributed so that no one is required to go to more than one polling
116.25place to vote in a school district and municipal election held on the same day. The polling
116.26place for a precinct in a city or in a school district located in whole or in part in the
116.27metropolitan area defined by section 200.02, subdivision 24, shall be located within the
116.28boundaries of the precinct or within 3,000 feet one mile of one of those boundaries unless
116.29a single polling place is designated for a city pursuant to section 204B.14, subdivision
116.302 , or a school district pursuant to section 205A.11. The polling place for a precinct in
116.31unorganized territory may be located outside the precinct at a place which is convenient to
116.32the voters of the precinct. If no suitable place is available within a town or within a school
116.33district located outside the metropolitan area defined by section 200.02, subdivision 24,
116.34then the polling place for a town or school district may be located outside the town or
116.35school district within five miles of one of the boundaries of the town or school district.

116.36    Sec. 40. Minnesota Statutes 2006, section 204B.21, subdivision 2, is amended to read:
117.1    Subd. 2. Appointing authority; powers and duties. Election judges for precincts
117.2in a municipality shall be appointed by the governing body of the municipality. Election
117.3judges for precincts in unorganized territory and for performing election-related duties
117.4assigned by the county auditor shall be appointed by the county board. Election judges for
117.5a precinct composed of two or more municipalities must be appointed by the governing
117.6body of the municipality or municipalities responsible for appointing election judges as
117.7provided in the agreement to combine for election purposes. Appointments shall may be
117.8made from lists furnished pursuant to subdivision 1 subject to the eligibility requirements
117.9and other qualifications established or authorized under section 204B.19. At least two
117.10election judges in each precinct must be affiliated with different major political parties. If
117.11no lists have been furnished or if additional election judges are required after all listed
117.12names have been exhausted, the appointing authority may appoint any other individual to
117.13serve as an election judge subject to the same requirements and qualifications individuals
117.14who meet the qualifications to serve as an election judge, including persons who are not
117.15affiliated with a major political party. The appointments shall be made at least 25 days
117.16before the election at which the election judges will serve.

117.17    Sec. 41. Minnesota Statutes 2006, section 204B.21, is amended by adding a
117.18subdivision to read:
117.19    Subd. 2a. Town elections. The provisions of this section and sections 204B.19,
117.20subdivision 5; 204C.15; 204C.19; 206.83; and 206.86, subdivision 2, relating to party
117.21balance in the appointment of judges and to duties to be performed by judges of different
117.22major political parties do not apply to town elections not held in conjunction with a
117.23statewide election.

117.24    Sec. 42. [204B.445] VOTER COMPLAINT AND RESOLUTION PROCESS.
117.25    Subdivision 1. Scope. An eligible voter may file a complaint to seek the resolution
117.26of any of the following conditions that have occurred or are about to occur:
117.27    (1) voter records in the statewide registration system are not maintained by the
117.28secretary of state or a county auditor in the manner provided in chapter 201;
117.29    (2) voters are unable to register to vote in the manner provided by section 201.061;
117.30    (3) a voting system, including an electronic ballot marker, meeting the requirements
117.31of section 206.80 is not available for use by voters either casting an absentee ballot in
117.32person at the locations designated by the county auditor or local election official, or for
117.33voting at any polling place on election day; or
117.34    (4) the secretary of state, county auditor, or local election official has failed, is
117.35failing, or is about to fail to carry out a duty required by Title III of the Help America
117.36Vote Act of 2002.
118.1    A complaint against a municipal or school district clerk must be filed with the county
118.2auditor of the county in which the action has occurred or is about to occur. A complaint
118.3against a county auditor must be filed with the secretary of state. A complaint against the
118.4secretary of state must be filed with the Office of Administrative Hearings. The secretary
118.5of state shall provide a standard form for a complaint under this section. The form must
118.6provide space for the complainant to specify the legal basis for the complaint. The
118.7proceedings authorized by this section are not subject to the requirements of chapter 14.
118.8    Subd. 2. Notice of complaint. The official with whom the complaint is filed must,
118.9within seven days after the complaint was filed, provide written notice of the complaint,
118.10including a copy of the complaint, to the official against whom the complaint has been
118.11made.
118.12    Subd. 3. Response. Within 14 days after the notice of complaint is received, the
118.13official complained against must respond in writing to the complainant and state the
118.14manner in which the respondent proposes to resolve the complaint.
118.15    Subd. 4. Hearing. If the complainant believes the response does not resolve the
118.16complaint, the complainant may file, with the official with whom the complaint was filed,
118.17a request for a hearing. The request must state the objection to the response and propose
118.18to resolve the complaint in a way that is consistent with the Minnesota Election Law. If
118.19the complainant makes a request for hearing, a hearing must take place. The official with
118.20whom the complaint was filed must rule on the complaint within 14 days after the hearing.
118.21    Subd. 5. Timeline. A ruling on a complaint must be made no more than 90 days
118.22after the complaint is filed. If the official with whom the complaint was filed fails to
118.23make that ruling within 90 days after the complaint was filed, that official must provide
118.24alternative dispute resolution for the disposition of the complaint. The alternative dispute
118.25resolution process must be completed within 60 days of its commencement.
118.26    Subd. 6. Appeal. No later than 30 days after the ruling, the complainant may appeal
118.27the ruling. If the complaint was filed against a municipal clerk, school district clerk, or
118.28county auditor, the appeal must be filed with the secretary of state. If the complaint was
118.29filed against the secretary of state, the appeal must be filed with the Ramsey County
118.30District Court. The appeal must be heard within 14 days. Upon hearing the appeal, the
118.31secretary of state or district court may affirm, reverse, or modify the ruling and give
118.32appropriate instructions, as needed, to the secretary of state, county auditor, or local
118.33election official to resolve the complaint.
118.34    Subd. 7. Remedies; notice. If the official rules that there has been a violation of
118.35Title III of the Help America Vote Act of 2002, the official must provide an appropriate
119.1remedy. If the official rules that there has not been a violation, the complaint must be
119.2dismissed and the results of the process published by the official.
119.3EFFECTIVE DATE.This section is effective January 1, 2008.

119.4    Sec. 43. Minnesota Statutes 2006, section 204B.45, subdivision 2, is amended to read:
119.5    Subd. 2. Procedure. Notice of the election and the special mail procedure must be
119.6given at least six weeks prior to the election. No earlier Not more than 20 30 days or nor
119.7later than 14 days prior to the election, the auditor shall mail ballots by nonforwardable
119.8mail to all voters registered in the town or unorganized territory. No later than 14 days
119.9before the election, the auditor must make a subsequent mailing of ballots to those voters
119.10who register to vote after the initial mailing but before the 20th day before the election.
119.11Eligible voters not registered at the time the ballots are mailed may apply for ballots as
119.12provided in chapter 203B. Ballot return envelopes, with return postage provided, must be
119.13preaddressed to the auditor or clerk and the voter may return the ballot by mail or in person
119.14to the office of the auditor or clerk. The auditor or clerk may appoint election judges to
119.15examine the return envelopes and mark them "accepted" or "rejected" during the 30 days
119.16before the election. If an envelope has been rejected at least five days before the election,
119.17the ballots in the envelope must be considered spoiled ballots and the auditor or clerk shall
119.18provide the voter with a replacement ballot and return envelope in place of the spoiled
119.19ballot. The costs of the mailing shall be paid by the election jurisdiction in which the voter
119.20resides. Any ballot received by 8:00 p.m. on the day of the election must be counted.

119.21    Sec. 44. Minnesota Statutes 2006, section 204C.06, subdivision 1, is amended to read:
119.22    Subdivision 1. Lingering near polling place. An individual shall be allowed to go
119.23to and from the polling place for the purpose of voting without unlawful interference. No
119.24one except an election official or an individual who is waiting to register or to vote shall
119.25stand within 100 feet of the entrance to a polling place. The entrance to a polling place
119.26is the doorway or point of entry leading into the room or area where voting is occurring
119.27building in which a polling place is located.

119.28    Sec. 45. Minnesota Statutes 2006, section 204C.07, subdivision 3a, is amended to read:
119.29    Subd. 3a. Residence requirement. A challenger must be a resident of this state.
119.30Appointed challengers seeking admission to a polling place to serve in that capacity must
119.31prove their status as a resident of this state by presenting one of the documents listed in
119.32section 201.061, subdivision 3, paragraph (b), clauses (1) to (4). Challengers need not
119.33prove residence in the precinct in which they seek to act as a challenger.
119.34EFFECTIVE DATE.This section is effective September 1, 2007.

120.1    Sec. 46. Minnesota Statutes 2006, section 204C.07, is amended by adding a
120.2subdivision to read:
120.3    Subd. 3b. Oath to obey the law. A challenger must state under oath that the
120.4challenger understands and will abide by the laws and rules governing challengers as
120.5described in this section and in section 204C.12 and governing challenges to voters as
120.6described in section 204C.12.
120.7EFFECTIVE DATE.This section is effective September 1, 2007.

120.8    Sec. 47. Minnesota Statutes 2006, section 205.10, is amended by adding a subdivision
120.9to read:
120.10    Subd. 6. Cancellation. A special election ordered by the governing body of the
120.11municipality on its own motion under subdivision 1 may be canceled by motion of the
120.12governing body, but not less than 46 days before the election.

120.13    Sec. 48. Minnesota Statutes 2006, section 205.13, is amended by adding a subdivision
120.14to read:
120.15    Subd. 7. Write-in candidates. A candidate for a city office who wants write-in
120.16votes for the candidate to be counted must file a written request with the filing officer for
120.17the office sought no later than the seventh day before the general election. The filing
120.18officer must provide copies of the form to make the request.

120.19    Sec. 49. Minnesota Statutes 2006, section 205.16, subdivision 3, is amended to read:
120.20    Subd. 3. Sample ballot, posting. For every municipal election, the municipal clerk
120.21shall at least four days two weeks before the election post prepare a sample ballot for each
120.22precinct in the municipality, make them available for public inspection in the clerk's office
120.23for public inspection, and post a sample ballot in each polling place on election day.

120.24    Sec. 50. Minnesota Statutes 2006, section 205.16, subdivision 4, is amended to read:
120.25    Subd. 4. Notice to auditor. At least 53 days prior to every municipal election, the
120.26municipal clerk shall provide a written notice to the county auditor, including the date of
120.27the election, the offices to be voted on at the election, and the title and language for each
120.28ballot question to be voted on at the election. Not less than 46 days before the election, the
120.29municipal clerk must provide written notice to the county auditor of any special election
120.30canceled under section 205.10, subdivision 6.

120.31    Sec. 51. Minnesota Statutes 2006, section 205A.05, is amended by adding a
120.32subdivision to read:
121.1    Subd. 3. Cancellation. A special election ordered by the school board on its own
121.2motion under subdivision 1 may be canceled by motion of the school board, but not less
121.3than 46 days before the election.

121.4    Sec. 52. Minnesota Statutes 2006, section 205A.07, subdivision 3, is amended to read:
121.5    Subd. 3. Notice to auditor. At least 53 days prior to every school district election,
121.6the school district clerk shall provide a written notice to the county auditor of each county
121.7in which the school district is located. The notice must include the date of the election, the
121.8offices to be voted on at the election, and the title and language for each ballot question to
121.9be voted on at the election. For the purposes of meeting the timelines of this section, in
121.10a bond election, a notice, including a proposed question, may be provided to the county
121.11auditor prior to receipt of a review and comment from the commissioner of education and
121.12prior to actual initiation of the election. Not less than 46 days before the election, the
121.13school district clerk must provide written notice to the county auditor of any special
121.14election canceled under section 205A.05, subdivision 3.

121.15    Sec. 53. Minnesota Statutes 2006, section 205A.07, subdivision 3a, is amended to read:
121.16    Subd. 3a. Notice to commissioner of education. At least 49 days prior to every
121.17school district election, under section 123B.62, 123B.63, 126C.17, 126C.69, or 475.58,
121.18the school district clerk shall provide a written notice to the commissioner of education.
121.19The notice must include the date of the election and the title and language for each ballot
121.20question to be voted on at the election. Not less than 46 days before the election, the
121.21school district clerk must provide a written notice to the commissioner of education of
121.22any special election canceled under section 205A.05, subdivision 3. The certified vote
121.23totals for each ballot question shall be provided in a written notice to the commissioner
121.24in a timely manner.

121.25    Sec. 54. Minnesota Statutes 2006, section 205A.10, subdivision 2, is amended to read:
121.26    Subd. 2. Election, conduct. A school district election must be by secret ballot and
121.27must be held and the returns made in the manner provided for the state general election, as
121.28far as practicable. The vote totals from an absentee ballot board established pursuant to
121.29section 203B.13 may be tabulated and reported by the school district as a whole rather
121.30than by precinct. For school district elections not held in conjunction with a statewide
121.31election, the school board shall appoint election judges as provided in section 204B.21,
121.32subdivision 2 . The provisions of sections 204B.19, subdivision 5; 204B.21, subdivision 2;
121.33204C.15 ; 204C.19; 206.64, subdivision 2; 206.83; and 206.86, subdivision 2, relating to
121.34party balance in appointment of judges and to duties to be performed by judges of different
122.1major political parties do not apply to school district elections not held in conjunction
122.2with a statewide election.

122.3    Sec. 55. Minnesota Statutes 2006, section 206.57, subdivision 5, is amended to read:
122.4    Subd. 5. Voting system for disabled voters. In federal and state elections held after
122.5December 31, 2005, and in county, municipal city, and school district elections held after
122.6December 31, 2007, and in township elections held after December 31, 2009, the voting
122.7method used in each polling place must include a voting system that is accessible for
122.8individuals with disabilities, including nonvisual accessibility for the blind and visually
122.9impaired in a manner that provides the same opportunity for access and participation,
122.10including privacy and independence, as for other voters.

122.11    Sec. 56. Minnesota Statutes 2006, section 206.89, subdivision 1, is amended to read:
122.12    Subdivision 1. Definition. For purposes of this section "postelection review official"
122.13means the election administration official who is responsible for the conduct of elections
122.14in a precinct selected for review under this section. county auditor, unless the county
122.15auditor designates the municipal clerk as the "postelection review official" within 24 hours
122.16after the canvass of the state general election.

122.17    Sec. 57. Minnesota Statutes 2006, section 206.89, subdivision 5, is amended to read:
122.18    Subd. 5. Additional review. (a) If the postelection review in one of the reviewed
122.19precincts reveals a difference greater than one-half of one percent, or greater than two
122.20votes in a precinct where 400 or fewer voters cast ballots, the postelection review official
122.21must, within two days, conduct an additional review of the races indicated in subdivision 3
122.22in at least three precincts in the same jurisdiction where the discrepancy was discovered. If
122.23all precincts in that jurisdiction have been reviewed, the county auditor must immediately
122.24publicly select by lot at least three additional precincts for review. The postelection review
122.25official must complete the additional review within two days after the precincts are
122.26selected and report the results immediately to the county auditor. If the second review in
122.27any of the reviewed precincts also indicates a difference in the vote totals compiled by the
122.28voting system that is greater than one-half of one percent from the result indicated by the
122.29postelection review, or greater than two votes in a precinct where 400 or fewer voters cast
122.30ballots, the county auditor must conduct a review of the ballots from all the remaining
122.31precincts in the county for the races indicated in subdivision 3. This review must be
122.32completed no later than six weeks after the state general election.
122.33    (b) If the results from the countywide reviews from one or more counties comprising
122.34in the aggregate more than ten percent of the total number of persons voting in the election
122.35clearly indicate that an error in vote counting has occurred, the postelection review official
123.1must conduct a manual recount of all the ballots in the district for the affected office. The
123.2recount must be completed and the results reported to the appropriate canvassing board no
123.3later than ten weeks after the state general election.

123.4    Sec. 58. Minnesota Statutes 2006, section 211A.02, subdivision 2, is amended to read:
123.5    Subd. 2. Information required. The report to be filed by a candidate or committee
123.6must include:
123.7    (1) the name of the candidate or ballot question;
123.8    (2) the printed name and, address, telephone number, signature, and e-mail address,
123.9if available, of the person responsible for filing the report;
123.10    (3) the total amount of receipts and expenditures for the period from the last previous
123.11report to five days before the current report is due;
123.12    (4) the amount, date, and purpose for each expenditure; and
123.13    (5) the name, address, and employer, or occupation if self-employed, of any
123.14individual or committee that during the year has made one or more contributions that in the
123.15aggregate are equal to or greater than $100, and the amount and date of each contribution.
123.16The filing officer must restrict public access to the address of any individual who has made
123.17a contribution equal to or greater than $100 and who has filed with the filing officer a
123.18written statement signed by the individual that withholding the individual's address from
123.19the financial report is required for the safety of the individual or the individual's family.

123.20    Sec. 59. Minnesota Statutes 2006, section 211A.05, subdivision 1, is amended to read:
123.21    Subdivision 1. Penalty. A candidate who intentionally fails to file a report required
123.22by section 211A.02 or a certification required by this section is guilty of a misdemeanor.
123.23The treasurer of a committee formed to promote or defeat a ballot question who
123.24intentionally fails to file a report required by section 211A.02 or a certification required
123.25by this section is guilty of a misdemeanor. Each candidate or treasurer of a committee
123.26formed to promote or defeat a ballot question shall certify to the filing officer that all
123.27reports required by section 211A.02 have been submitted to the filing officer or that the
123.28candidate or committee has not received contributions or made disbursements exceeding
123.29$750 in the calendar year. The certification shall be submitted to the filing officer no
123.30later than seven days after the general or special election. The secretary of state shall
123.31prepare blanks for this certification. An officer who issues a certificate of election to a
123.32candidate who has not certified that all reports required by section 211A.02 have been
123.33filed is guilty of a misdemeanor.

123.34    Sec. 60. Minnesota Statutes 2006, section 211B.03, is amended to read:
123.35211B.03 USE OF THE TERM REELECT.
124.1    (a) A person or candidate may not use the term "reelect" in a campaign for elective
124.2office unless the candidate is the incumbent of that office. If the incumbent is seated in
124.3that office but was not elected to the office in a general or special election, the incumbent
124.4may not use the term "reelect."
124.5    (b) In the event of redistricting, a person or candidate may not, in the event of
124.6redistricting, use the term "reelect" in a campaign for elective office unless the candidate is
124.7the incumbent of that office and the office represents any part of the new district.
124.8    (c) For purposes of this section, "incumbent" means the individual currently seated
124.9in the office for which the election will be held, as of the last day of filing as a candidate
124.10for election to that office.

124.11    Sec. 61. Minnesota Statutes 2006, section 211B.11, subdivision 1, is amended to read:
124.12    Subdivision 1. Soliciting near polling places. A person may not display campaign
124.13material, post signs, ask, solicit, or in any manner try to induce or persuade a voter within
124.14a polling place or within 100 feet of the building in which a polling place is situated, or
124.15anywhere on the public property on which a polling place is situated located, on primary
124.16or election day to vote for or refrain from voting for a candidate or ballot question. A
124.17person may not provide political badges, political buttons, or other political insignia to be
124.18worn at or about the polling place on the day of a primary or election. A political badge,
124.19political button, or other political insignia may not be worn at or about the polling place on
124.20primary or election day. This section applies to areas established by the county auditor or
124.21municipal clerk for absentee voting as provided in chapter 203B.
124.22    The secretary of state, county auditor, municipal clerk, or school district clerk may
124.23provide stickers which contain the words "I VOTED" and nothing more. Election judges
124.24may offer a sticker of this type to each voter who has signed the polling place roster.

124.25    Sec. 62. Minnesota Statutes 2006, section 325L.03, is amended to read:
124.26325L.03 SCOPE.
124.27    (a) Except as otherwise provided in paragraphs (b) and (e), this chapter applies to
124.28electronic records and electronic signatures relating to a transaction.
124.29    (b) This chapter does not apply to a transaction to the extent it is governed by:
124.30    (1) the Uniform Commercial Code other than section 336.1-306, article 2, and
124.31article 2A; and
124.32    (2) section 145C.03, subdivision 1, relating to requirements for creation of a health
124.33care directive; section 507.24, relating to requirements for recording any conveyance,
124.34power of attorney, or other instrument affecting real estate; section 523.23, subdivision
124.353 , relating to requirements for creation of a statutory short form power of attorney; and
125.1section 253B.03, subdivision 6b, relating to requirements for creation of a declaration of
125.2preferences or instructions regarding intrusive mental health treatment.
125.3    (c) This chapter applies to an electronic record or electronic signature otherwise
125.4excluded from the application of this chapter under paragraph (b) to the extent it is
125.5governed by a law other than those specified in paragraph (b).
125.6    (d) A transaction subject to this chapter is also subject to other applicable substantive
125.7law.
125.8    (e) This chapter does not apply to the creation and execution of wills, codicils, or
125.9trusts other than trusts relating to the conduct of business, commercial, or governmental
125.10purposes.
125.11    (f) Except as provided in section 204B.09, subdivision 1a, this chapter does not
125.12apply to affidavits of candidacy relating to the conduct of elections.

125.13    Sec. 63. Minnesota Statutes 2006, section 375.101, subdivision 1, is amended to read:
125.14    Subdivision 1. Option for filling vacancies; election in 30 to 60 days. Except as
125.15provided in subdivision 3, a vacancy in the office of county commissioner shall may be
125.16filled as provided in this subdivision and subdivision 2, or as provided in subdivision 4. If
125.17the vacancy is to be filled under this subdivision and subdivision 2, it must be filled at a
125.18special election not less than 30 nor more than 60 90 days after the vacancy occurs. The
125.19special primary or special election may be held on the same day as a regular primary or
125.20regular election but the special election shall be held not less than 14 days after the special
125.21primary. The person elected at the special election shall take office immediately after
125.22receipt of the certificate of election and upon filing the bond and taking the oath of office
125.23and shall serve the remainder of the unexpired term. If the county has been reapportioned
125.24since the commencement of the term of the vacant office, the election shall be based
125.25on the district as reapportioned.
125.26EFFECTIVE DATE.This section is effective the day following final enactment.

125.27    Sec. 64. Minnesota Statutes 2006, section 375.101, is amended by adding a subdivision
125.28to read:
125.29    Subd. 4. Option for filling vacancies; appointment. Except as provided in
125.30subdivision 3, and as an alternative to the procedure provided in subdivisions 1 and 2, any
125.31other vacancy in the office of county commissioner may be filled by board appointment at
125.32a regular or special meeting. The appointment shall be evidenced by a resolution entered
125.33in the minutes and shall continue until an election is held under this subdivision. All
125.34elections to fill vacancies shall be for the unexpired term. If the vacancy occurs before the
125.35first day to file affidavits of candidacy for the next county general election and more than
126.1two years remain in the unexpired term, a special election shall be held in conjunction
126.2with the county general election. The appointed person shall serve until the qualification
126.3of the successor elected to fill the unexpired part of the term at that special election. If the
126.4vacancy occurs on or after the first day to file affidavits of candidacy for the county general
126.5election, or when less than two years remain in the unexpired term, there shall be no special
126.6election to fill the vacancy and the appointed person shall serve the remainder of the
126.7unexpired term and until a successor is elected and qualifies at the county general election.
126.8EFFECTIVE DATE.This section is effective the day following final enactment.

126.9    Sec. 65. Minnesota Statutes 2006, section 410.12, subdivision 1, is amended to read:
126.10    Subdivision 1. Proposals. The charter commission may propose amendments to
126.11such charter and shall do so upon the petition of voters equal in number to five percent of
126.12the total votes cast at the last previous state general election in the city. Proposed charter
126.13amendments must be submitted at least 12 weeks before the general election. Petitions
126.14may be signed no earlier than 26 weeks before the general election. Only registered
126.15voters are eligible to sign the petition. All petitions circulated with respect to a charter
126.16amendment shall be uniform in character and shall have attached thereto the text of the
126.17proposed amendment in full; except that in the case of a proposed amendment containing
126.18more than 1,000 words, a true and correct copy of the same may be filed with the city
126.19clerk, and the petition shall then contain a summary of not less than 50 nor more than 300
126.20words setting forth in substance the nature of the proposed amendment. Such summary
126.21shall contain a statement of the objects and purposes of the amendment proposed and an
126.22outline of any proposed new scheme or frame work of government and shall be sufficient
126.23to inform the signers of the petition as to what change in government is sought to be
126.24accomplished by the amendment. The summary, together with a copy of the proposed
126.25amendment, shall first be submitted to the charter commission for its approval as to form
126.26and substance. The commission shall within ten days after such submission to it, return
126.27the same to the proposers of the amendment with such modifications in statement as it
126.28may deem necessary in order that the summary may fairly comply with the requirements
126.29above set forth.

126.30    Sec. 66. Minnesota Statutes 2006, section 447.32, subdivision 4, is amended to read:
126.31    Subd. 4. Candidates; ballots; certifying election. A person who wants to be a
126.32candidate for the hospital board shall file an affidavit of candidacy for the election either
126.33as member at large or as a member representing the city or town where the candidate
126.34resides. The affidavit of candidacy must be filed with the city or town clerk not more than
126.3570 days nor less than 56 days before the first Tuesday after the first Monday in November
127.1of the year in which the general election is held. The city or town clerk must forward the
127.2affidavits of candidacy to the clerk of the hospital district or, for the first election, the clerk
127.3of the most populous city or town immediately after the last day of the filing period. A
127.4candidate may withdraw from the election by filing an affidavit of withdrawal with the
127.5clerk of the district no later than 5:00 p.m. two days after the last day to file affidavits
127.6of candidacy. A candidate for a hospital district office who wants write-in votes for the
127.7candidate to be counted must file a written request with the filing officer for the office
127.8sought no later than the seventh day before the general election. The filing officer must
127.9provide copies of the form to make the request.
127.10    Voting must be by secret ballot. The clerk shall prepare, at the expense of the
127.11district, necessary ballots for the election of officers. Ballots must be printed on tan paper
127.12and prepared as provided in the rules of the secretary of state. The ballots must be marked
127.13and initialed by at least two judges as official ballots and used exclusively at the election.
127.14Any proposition to be voted on may be printed on the ballot provided for the election
127.15of officers. The hospital board may also authorize the use of voting systems subject to
127.16chapter 206. Enough election judges may be appointed to receive the votes at each
127.17polling place. The election judges shall act as clerks of election, count the ballots cast,
127.18and submit them to the board for canvass.
127.19    After canvassing the election, the board shall issue a certificate of election to the
127.20candidate who received the largest number of votes cast for each office. The clerk shall
127.21deliver the certificate to the person entitled to it in person or by certified mail. Each person
127.22certified shall file an acceptance and oath of office in writing with the clerk within 30
127.23days after the date of delivery or mailing of the certificate. The board may fill any office
127.24as provided in subdivision 1 if the person elected fails to qualify within 30 days, but
127.25qualification is effective if made before the board acts to fill the vacancy.

127.26    Sec. 67. AUTOMATIC REGISTRATION.
127.27    An applicant for a Minnesota driver's license, instruction permit, or identification
127.28card must not be automatically registered to vote under Minnesota Statutes, section
127.29201.161, until the secretary of state has certified that the system for automatic registration
127.30of those applicants has been tested and shown to properly determine whether an applicant
127.31is eligible to vote.

127.32    Sec. 68. REPEALER.
127.33(a) Minnesota Statutes 2006, sections 201.061, subdivision 7; 201.096; 203B.02,
127.34subdivision 1a; and 203B.13, subdivision 3a, are repealed.
127.35(b) Minnesota Statutes 2006, section 203B.04, subdivision 5, is repealed effective
127.36April 1, 2008.
128.1(c) Minnesota Statutes 2006, section 200.04, is repealed effective January 1, 2008.

128.2ARTICLE 5
128.3ELECTIONS CLARIFICATIONS

128.4    Section 1. Minnesota Statutes 2006, section 103C.305, subdivision 3, is amended to
128.5read:
128.6    Subd. 3. Ballots. Ballots shall be prepared by the county auditor. The names of
128.7candidates shall be placed on the "canary ballot" described in section 204D.11, subdivision
128.83 . The office title printed on the ballot must be either "Soil and Water Conservation
128.9District Supervisor" or "Conservation District Supervisor," based upon the district from
128.10which the supervisor is to be elected.

128.11    Sec. 2. Minnesota Statutes 2006, section 201.054, subdivision 1, is amended to read:
128.12    Subdivision 1. Registration. An individual may register to vote:
128.13    (1) at any time before the 20th day preceding any election as provided in section
128.14201.061, subdivision 1 ;
128.15    (2) on the day of an election as provided in section 201.061, subdivision 3; or
128.16    (3) when submitting an absentee ballot, by enclosing a completed registration card
128.17application as provided in section 203B.04, subdivision 4.

128.18    Sec. 3. Minnesota Statutes 2006, section 201.061, subdivision 4, is amended to read:
128.19    Subd. 4. Registration by election judges; procedures. Registration at the polling
128.20place on election day shall be conducted by the election judges. The election judge who
128.21registers an individual at the polling place on election day shall not handle that voter's
128.22ballots at any time prior to the opening of the ballot box after the voting ends. Registration
128.23cards applications and forms for oaths shall be available at each polling place. If an
128.24individual who registers on election day proves residence by oath of a registered voter, the
128.25form containing the oath shall be attached to the individual's registration card application.
128.26Registration cards applications completed on election day shall be forwarded to the
128.27county auditor who shall add the name of each voter to the registration system unless the
128.28information forwarded is substantially deficient. A county auditor who finds an election
128.29day registration substantially deficient shall give written notice to the individual whose
128.30registration is found deficient. An election day registration shall not be found deficient
128.31solely because the individual who provided proof of residence was ineligible to do so.

128.32    Sec. 4. Minnesota Statutes 2006, section 201.071, subdivision 3, is amended to read:
128.33    Subd. 3. Deficient registration. No voter registration application is deficient if it
128.34contains the voter's name, address, date of birth, current and valid Minnesota driver's
128.35license number or Minnesota state identification number, or if the voter has no current and
129.1valid Minnesota driver's license or Minnesota state identification number, the last four
129.2digits of the voter's Social Security number, if the voter has been issued a Social Security
129.3number, prior registration, if any, and signature. The absence of a zip code number does
129.4not cause the registration to be deficient. Failure to check a box on an application form
129.5that a voter has certified to be true does not cause the registration to be deficient. The
129.6election judges shall request an individual to correct a voter registration application if it is
129.7deficient or illegible or if the name or number of the voter's school district is missing or
129.8obviously incorrect. No eligible voter may be prevented from voting unless the voter's
129.9registration application is deficient or the voter is duly and successfully challenged in
129.10accordance with section 201.195 or 204C.12.
129.11    A voter registration application accepted prior to August 1, 1983, is not deficient
129.12for lack of date of birth. The county or municipality may attempt to obtain the date of
129.13birth for a voter registration application accepted prior to August 1, 1983, by a request to
129.14the voter at any time except at the polling place. Failure by the voter to comply with this
129.15request does not make the registration deficient.
129.16    A voter registration application accepted before January 1, 2004, is not deficient for
129.17lack of a valid Minnesota driver's license or state identification number or the last four
129.18digits of a Social Security number. A voter registration application submitted by a voter
129.19who does not have a Minnesota driver's license or state identification number, or a Social
129.20Security number, is not deficient for lack of any of these numbers.

129.21    Sec. 5. Minnesota Statutes 2006, section 201.071, subdivision 4, is amended to read:
129.22    Subd. 4. Change of registration. Any A county auditor who receives a registration
129.23card application indicating that an individual was previously registered in a different
129.24county in Minnesota shall notify the county auditor of that county update the voter's
129.25record electronically through the statewide registration system in the manner prescribed
129.26in the rules of by the secretary of state. A county auditor receiving a registration card
129.27indicating that a voter was previously registered in a different precinct in the same county
129.28or receiving a notification as provided in this subdivision shall remove that individual's
129.29voter registration card from the files. Any A county auditor who receives a registration
129.30card application or notification requiring a change of registration records under this
129.31subdivision as a result of an election day registration shall also check the statewide
129.32registration system to determine whether the individual voted in more than one precinct in
129.33the most recent election.

129.34    Sec. 6. Minnesota Statutes 2006, section 201.081, is amended to read:
129.35201.081 REGISTRATION FILES.
130.1    The statewide registration system is the official record of registered voters. The
130.2voter registration cards applications and the terminal providing access to the statewide
130.3registration system must be under the control of the county auditor or the public official to
130.4whom the county auditor has delegated the responsibility for maintaining voter registration
130.5records. The voter registration cards applications and terminals providing access to the
130.6statewide registration system must not be removed from the control of the county auditor
130.7except as provided in this subdivision. The county auditor may make photographic copies
130.8of voter registration cards applications in the manner provided by section 138.17.
130.9    A properly completed voter registration card application that has been submitted to
130.10the secretary of state or a county auditor must be maintained by the secretary of state or
130.11the county auditor for at least 22 months after the date that the information on the card
130.12application is entered into the database of the statewide registration system. The secretary
130.13of state or the county auditor may dispose of the cards applications after retention for 22
130.14months in the manner provided by section 138.17.

130.15    Sec. 7. Minnesota Statutes 2006, section 201.091, subdivision 1, is amended to read:
130.16    Subdivision 1. Master list. Each county auditor shall prepare and maintain a
130.17current list of registered voters in each precinct in the county which is known as the
130.18master list. The master list must be created by entering each completed voter registration
130.19card application received by the county auditor into the statewide registration system. It
130.20must show the name, residence address, and date of birth of each voter registered in
130.21the precinct. The information contained in the master list may only be made available
130.22to public officials for purposes related to election administration, jury selection, and in
130.23response to a law enforcement inquiry concerning a violation of or failure to comply with
130.24any criminal statute or state or local tax statute.

130.25    Sec. 8. Minnesota Statutes 2006, section 201.091, subdivision 8, is amended to read:
130.26    Subd. 8. Registration places. Each county auditor shall designate a number of
130.27public buildings in those political subdivisions of the county where preregistration of
130.28voters is allowed as provided in section 201.061, subdivision 1, where eligible voters may
130.29register to vote. At least one public building must be designated for each 30,000 residents
130.30of the county. At least one telecommunications device for the deaf must be available for
130.31voter registration information in each county seat and in every city of the first, second,
130.32and third class.
130.33    An adequate supply of registration cards applications and instructions must be
130.34maintained at each designated location, and a designated individual must be available
130.35there to accept registration cards applications and transmit them to the county auditor.
131.1    A person who, because of disability, needs assistance in order to determine eligibility
131.2or to register must be assisted by a designated individual. Assistance includes but is not
131.3limited to reading the registration form and instructions and filling out the registration
131.4form as directed by the eligible voter.

131.5    Sec. 9. Minnesota Statutes 2006, section 201.27, subdivision 1, is amended to read:
131.6    Subdivision 1. Intentional violation. No officer, deputy, clerk, or other employee
131.7shall intentionally:
131.8    (1) fail to perform or enforce any of the provisions of this chapter except subdivision
131.92;
131.10    (2) remove a registration card application or record from its proper place in the
131.11registration files in a manner or for a purpose not authorized by law;
131.12    (3) destroy or make an unauthorized change to a record required to be kept by
131.13this chapter; or
131.14    (4) add a name or names to the voter registration files, records, or cards, except as
131.15authorized by law.
131.16    An individual who violates this subdivision is guilty of a felony.

131.17    Sec. 10. Minnesota Statutes 2006, section 203B.04, subdivision 1, is amended to read:
131.18    Subdivision 1. Application procedures. Except as otherwise allowed by
131.19subdivision 2 or by section 203B.11, subdivision 4, an application for absentee ballots
131.20for any election may be submitted at any time not less than one day before the day of
131.21that election. The county auditor shall prepare absentee ballot application forms in the
131.22format provided by the secretary of state, notwithstanding rules on absentee ballot forms,
131.23and shall furnish them to any person on request. By January 1 of each even-numbered
131.24year, the secretary of state shall make the forms to be used available to auditors through
131.25electronic means. An application submitted pursuant to this subdivision shall be in writing
131.26and shall be submitted to:
131.27    (a) the county auditor of the county where the applicant maintains residence; or
131.28    (b) the municipal clerk of the municipality, or school district if applicable, where
131.29the applicant maintains residence.
131.30    An application shall be approved if it is timely received, signed and dated by the
131.31applicant, contains the applicant's name and residence and mailing addresses, and states
131.32that the applicant is eligible to vote by absentee ballot for one of the reasons specified in
131.33section 203B.02. The application may contain a request for the voter's date of birth, which
131.34must not be made available for public inspection. An application may be submitted to
131.35the county auditor or municipal clerk by an electronic facsimile device. An application
131.36mailed or returned in person to the county auditor or municipal clerk on behalf of a voter
132.1by a person other than the voter must be deposited in the mail or returned in person to
132.2the county auditor or municipal clerk within ten days after it has been dated by the voter
132.3and no later than six days before the election. The absentee ballot applications or a list of
132.4persons applying for an absentee ballot may not be made available for public inspection
132.5until the close of voting on election day.
132.6    An application under this subdivision may contain an application under subdivision
132.75 to automatically receive an absentee ballot application.

132.8    Sec. 11. Minnesota Statutes 2006, section 203B.04, subdivision 4, is amended to read:
132.9    Subd. 4. Registration at time of application. An eligible voter who is not
132.10registered to vote but who is otherwise eligible to vote by absentee ballot may register by
132.11including a completed voter registration card application with the absentee ballot. The
132.12individual shall present proof of residence as required by section 201.061, subdivision
132.133 , to the individual who witnesses the marking of the absentee ballots. A military voter,
132.14as defined in section 203B.01, may register in this manner if voting pursuant to sections
132.15203B.04 to 203B.15, or may register pursuant to sections 203B.16 to 203B.27.

132.16    Sec. 12. Minnesota Statutes 2006, section 203B.05, subdivision 2, is amended to read:
132.17    Subd. 2. City, school district, and town elections. For city, town, and school
132.18district elections not held on the same day as a statewide election, for school district
132.19elections not held on the same day as a statewide election, and for town elections
132.20conducted under the Australian ballot system, applications for absentee ballots shall be
132.21filed with the city, school district, or town clerk and the duties prescribed by this chapter for
132.22the county auditor shall be performed by the city, school district, or town clerk unless the
132.23county auditor agrees to perform those duties on behalf of the city, school district, or town
132.24clerk. The costs incurred to provide absentee ballots and perform the duties prescribed by
132.25this subdivision shall be paid by the city, town, or school district holding the election.
132.26    Notwithstanding any other law, this chapter applies to school district elections held
132.27on the same day as a statewide election or an election for a county or municipality wholly
132.28or partially within the school district.

132.29    Sec. 13. Minnesota Statutes 2006, section 203B.07, subdivision 1, is amended to read:
132.30    Subdivision 1. Delivery of envelopes, directions. The county auditor or the
132.31municipal clerk shall prepare, print, and transmit a return envelope, a ballot envelope, and
132.32a copy of the directions for casting an absentee ballot to each applicant whose application
132.33for absentee ballots is accepted pursuant to section 203B.04. The directions for casting
132.34an absentee ballot shall be printed in at least 14-point bold type with heavy leading and
132.35may be printed on the ballot envelope. When a person requests the directions in Braille
133.1or on cassette tape, the county auditor or municipal clerk shall provide them in the form
133.2requested. The secretary of state shall prepare Braille and cassette copies and make them
133.3available.
133.4    When a voter registration card application is sent to the applicant as provided in
133.5section 203B.06, subdivision 4, the directions or registration card application shall include
133.6instructions for registering to vote.

133.7    Sec. 14. Minnesota Statutes 2006, section 203B.08, subdivision 3, is amended to read:
133.8    Subd. 3. Procedures on receipt of ballots. When absentee ballots are returned to a
133.9county auditor or municipal clerk, that official shall stamp or initial and date the return
133.10envelope with an official seal of the office and place it in a secure location with other
133.11return envelopes received by that office. The county auditor or municipal clerk shall
133.12deliver to the appropriate election judges on election day all ballots received before or
133.13with the last mail delivery by the United States Postal Service on election day. A town
133.14clerk may request the United States Postal Service to deliver absentee ballots to the polling
133.15place on election day instead of to the official address of the town clerk.

133.16    Sec. 15. Minnesota Statutes 2006, section 203B.10, is amended to read:
133.17203B.10 DELIVERY OF ABSENTEE BALLOT APPLICATIONS TO
133.18ELECTION JUDGES.
133.19    (a) On the day before an election:
133.20    (a) (1) the county auditor shall deliver to the municipal clerks within that county
133.21the applications for absentee ballots theretofore received and endorsed as provided in
133.22section 203B.06, subdivision 5; and
133.23    (b) (2) the municipal clerks shall deliver the applications received from the county
133.24auditor and the applications for absentee ballots filed with their respective offices and
133.25endorsed as provided in section 203B.06, subdivision 5, to the appropriate election
133.26judges. Applications received on election day pursuant to section 203B.04, subdivision
133.272 , shall be promptly delivered to the election judges in the precincts or to the judges of
133.28an absentee ballot board.
133.29    (b) Delivery of the applications to the municipal clerks and election judges in the
133.30precinct is not required if the absentee ballot envelopes have been accepted or rejected
133.31by an absentee ballot board pursuant to section 203B.13.

133.32    Sec. 16. Minnesota Statutes 2006, section 204B.06, subdivision 8, is amended to read:
133.33    Subd. 8. Proof of eligibility. A candidate for judicial office or for the office of
133.34county attorney shall submit with the affidavit of candidacy proof that the candidate is
134.1licensed to practice law in this state. Proof means providing a copy of a current attorney
134.2license.
134.3    A candidate for county sheriff shall submit with the affidavit of candidacy proof of
134.4licensure as a peace officer in this state. Proof means providing a copy of a current Peace
134.5Officer Standards and Training Board license.

134.6    Sec. 17. Minnesota Statutes 2006, section 204B.08, subdivision 3, is amended to read:
134.7    Subd. 3. Number of signatures. The number of signatures required on a
134.8nominating petition shall be as follows:
134.9    (a) for a federal or state office voted on statewide or for United States senator, one
134.10percent of the total number of individuals voting in the state at the last preceding state
134.11general election, or 2,000, whichever is less;
134.12    (b) for a congressional office, five percent of the total number of individuals voting
134.13in the district at the last preceding state general election, or 1,000, whichever is less;
134.14    (c) for a county or legislative office, ten percent of the total number of individuals
134.15voting in the county or legislative district at the last preceding state or county general
134.16election, or 500, whichever is less;
134.17    (d) for a municipal office in a city of the first class, the number specified in section
134.18205.121 ; and
134.19    (e) for any other municipal or school district office, ten percent of the total number
134.20of individuals voting in the municipality, ward, school district, or other election district
134.21at the last preceding municipal, or school district if applicable, general election, or 500,
134.22whichever is less.

134.23    Sec. 18. Minnesota Statutes 2006, section 205A.10, subdivision 1, is amended to read:
134.24    Subdivision 1. Materials, ballots. The school district clerk shall prepare and have
134.25printed the necessary election materials, including ballots, for a school district election.
134.26The name of each candidate for office shall be rotated with the names of the other
134.27candidates for the same office so that the name of each candidate appears substantially
134.28an equal number of times at the top, at the bottom, and at each intermediate place in the
134.29group of candidates for that office names must be arranged on school district ballots in the
134.30manner provided in section 204D.08, subdivision 3, for state elections.

134.31    Sec. 19. Minnesota Statutes 2006, section 205A.11, subdivision 2, is amended to read:
134.32    Subd. 2. Combined polling place. When no other election is being held in two or
134.33more precincts on the day of a school district election, the school board may designate
134.34one or more combined polling places at which the voters in those precincts may vote in
134.35the school district election. In school districts that have organized into separate board
135.1member election districts under section 205A.12, a combined polling place for a school
135.2general election must be arranged so that it does not include more than one board member
135.3election district.

135.4    Sec. 20. Minnesota Statutes 2006, section 206.82, subdivision 2, is amended to read:
135.5    Subd. 2. Plan. (a) Subject to paragraph (b), The municipal clerk in a municipality
135.6where an electronic voting system is used and the county auditor of a county in which an
135.7electronic voting system is used in more than one municipality and the county auditor of
135.8a county in which a counting center serving more than one municipality is located shall
135.9prepare a plan which indicates acquisition of sufficient facilities, computer time, and
135.10professional services and which describes the proposed manner of complying with section
135.11206.80 . The plan must be signed, notarized, and submitted to the secretary of state more
135.12than 60 days before the first election at which the municipality uses an electronic voting
135.13system. Prior to July 1 of each subsequent general election year, the clerk or auditor
135.14shall submit to the secretary of state notification of any changes to the plan on file with
135.15the secretary of state. The secretary of state shall review each plan for its sufficiency and
135.16may request technical assistance from the Department of Administration or other agency
135.17which may be operating as the central computer authority. The secretary of state shall
135.18notify each reporting authority of the sufficiency or insufficiency of its plan within 20 days
135.19of receipt of the plan. The attorney general, upon request of the secretary of state, may
135.20seek a district court order requiring an election official to fulfill duties imposed by this
135.21subdivision or by rules promulgated pursuant to this section.
135.22    (b) Systems implemented by counties and municipalities in calendar year 2006 are
135.23exempt from paragraph (a) and section 206.58, subdivision 4, if:
135.24    (1) the municipality has fewer than 10,000 residents; and
135.25    (2) a valid county plan was filed by the county auditor of the county in which the
135.26municipality is located.

135.27    Sec. 21. Laws 2004, chapter 293, article 1, section 37, subdivision 2, is amended to
135.28read:
135.29    Subd. 2. Social security number. A voter must not be included on the list of voters
135.30prepared under Minnesota Statutes, section 201.121, subdivision 1, whose registration is
135.31incomplete because of a failure to match the last four digits of the voter's Social Security
135.32number until the commissioner of public safety has:
135.33    (1) entered into an agreement with the commissioner of the Social Security
135.34Administration under Minnesota Statutes, section 201.1615, regarding the use of the last
135.35four digits of a Social Security number to verify voter registration information;
136.1    (2) assembled a complete and current database of the last four digits of the Social
136.2Security number of each resident of this state as maintained by the Social Security
136.3Administration; and
136.4    (3) (2) certified, along with the secretary of state, that the voter registration system
136.5has been tested and shown to properly verify the last four digits of a voter's Social
136.6Security number."
136.7Delete the title and insert:
136.8"A bill for an act
136.9relating to government operations; appropriating money for the general
136.10legislative and administrative expenses of state government; regulating state
136.11and local government operations; establishing the Minnesota Office on Ethnic
136.12Heritage and New Americans and the Minnesota Legislative Commission on
136.13Terrorism and Disaster Preparedness; creating the position of poet laureate;
136.14defining domestic partner; ratifying labor agreements and compensation plans;
136.15providing for continuing appropriations in certain circumstances; providing
136.16compensation for a period of partial government shutdown; regulating
136.17elections and voter registration; establishing a gratuity payment for certain
136.18Teacher Retirement Association members; authorizing rulemaking;amending
136.19Minnesota Statutes 2006, sections 3.85, subdivision 3; 3.9741, subdivision
136.201; 5.12, subdivision 1; 6.47; 6.51; 6.54; 6.55; 6.551; 6.57; 6.59; 6.60; 6.62,
136.21subdivision 2; 6.63; 6.64; 6.65; 6.66; 6.67; 6.68; 6.70; 6.71; 6.76; 10A.01,
136.22subdivision 26; 13.605, subdivision 1; 15B.17, subdivision 1; 16A.103,
136.23subdivision 1e; 16A.11, by adding a subdivision; 16A.1286, subdivision 2;
136.2416B.35, subdivision 1; 16C.02, subdivisions 4, 12, 14, by adding subdivisions;
136.2516C.03, subdivisions 2, 3, 4, 8, 16, by adding subdivisions; 16C.05, subdivisions
136.261, 2; 16C.08, subdivisions 2, 4, by adding subdivisions; 16C.10, subdivision
136.277; 16C.16, subdivision 5; 16C.26; 16C.27, subdivision 1; 16C.28; 37.06;
136.2843A.02, by adding a subdivision; 43A.24, subdivision 1; 43A.49; 103C.305,
136.29subdivision 3; 103D.355; 103D.811, subdivision 3; 103E.505, subdivision 5;
136.30116A.13, subdivision 5; 123B.52, subdivision 1, by adding a subdivision;
136.31128C.02, subdivision 4; 160.17, by adding a subdivision; 160.262, by adding a
136.32subdivision; 161.32, by adding a subdivision; 161.3412, subdivision 1; 161.38,
136.33subdivision 4; 181.9413; 200.02, subdivisions 7, 23; 201.016, subdivision 1a;
136.34201.054, subdivision 1; 201.056; 201.061, subdivisions 1, 3, 4, by adding a
136.35subdivision; 201.071, subdivisions 1, 3, 4; 201.081; 201.091, subdivisions 1, 8,
136.369, by adding a subdivision; 201.12; 201.13, subdivision 3; 201.161; 201.171;
136.37201.27, subdivision 1; 203B.02, subdivision 1; 203B.04, subdivisions 1, 4, 6;
136.38203B.05, subdivision 2; 203B.06, subdivision 3; 203B.07, subdivisions 1, 2;
136.39203B.08, subdivision 3; 203B.081; 203B.10; 203B.11, subdivision 4; 203B.12,
136.40subdivision 4; 203B.13, subdivisions 1, 2; 203B.16, subdivision 2; 203B.17,
136.41subdivision 2; 203B.21, subdivisions 2, 3; 203B.22; 203B.24, subdivision 1;
136.42204B.06, subdivisions 1, 8; 204B.08, subdivision 3; 204B.09, subdivisions 1, 1a,
136.433; 204B.11, subdivision 2; 204B.16, subdivision 1; 204B.21, subdivision 2, by
136.44adding a subdivision; 204B.45, subdivision 2; 204C.06, subdivision 1; 204C.07,
136.45subdivision 3a, by adding a subdivision; 205.10, by adding a subdivision;
136.46205.13, by adding a subdivision; 205.16, subdivisions 3, 4; 205A.05, by adding a
136.47subdivision; 205A.07, subdivisions 3, 3a; 205A.10, subdivisions 1, 2; 205A.11,
136.48subdivision 2; 206.57, subdivision 5; 206.82, subdivision 2; 206.89, subdivisions
136.491, 5; 211A.02, subdivision 2; 211A.05, subdivision 1; 211B.03; 211B.11,
136.50subdivision 1; 302A.821, subdivision 4; 308A.995, subdivision 4; 308B.121,
136.51subdivision 4; 308B.215, subdivision 2; 317A.823, subdivision 1; 321.0206;
136.52325L.03; 336.1-110; 336.9-516; 336.9-525; 356.219, subdivision 1; 358.41;
136.53358.42; 358.50; 359.085, subdivisions 2, 3; 365.37, by adding a subdivision;
137.1374.13; 375.101, subdivision 1, by adding a subdivision; 375.21, by adding a
137.2subdivision; 383C.094, by adding a subdivision; 410.12, subdivision 1; 412.311;
137.3429.041, by adding a subdivision; 447.32, subdivision 4; 458D.21, by adding
137.4a subdivision; 469.015, by adding a subdivision; 469.068, subdivision 1, by
137.5adding a subdivision; 471.345, subdivision 5, by adding subdivisions; 471.61,
137.6subdivision 1a; 473.523, by adding a subdivision; 473.756, subdivision 12;
137.7477A.014, subdivision 4; 507.24, subdivision 2; Laws 2004, chapter 293, article
137.81, section 37, subdivision 2; Laws 2006, chapter 253, section 22, subdivision 1;
137.9Laws 2006, chapter 258, section 14, subdivision 6; proposing coding for new law
137.10in Minnesota Statutes, chapters 3; 4; 5; 6; 8; 12; 13; 15B; 16A; 16B; 16C; 43A;
137.11161; 192; 197; 203B; 204B; 308B; 321; 349A; repealing Minnesota Statutes
137.122006, sections 6.56, subdivision 1; 16A.102; 16C.055, subdivision 1; 16C.08,
137.13subdivision 4a; 69.051, subdivision 1c; 128C.03; 200.04; 201.061, subdivision 7;
137.14201.096; 203B.02, subdivision 1a; 203B.04, subdivision 5; 203B.13, subdivision
137.153a; 359.085, subdivision 8; 645.44, subdivision 19."