1.1.................... moves to amend H.F. No. 1849 as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. [14.128] EFFECTIVE DATE FOR RULES REQUIRING LOCAL
1.4IMPLEMENTATION.
1.5    Subdivision 1. Determination. An agency must determine if a local government
1.6will be required to adopt or amend an ordinance or other regulation to comply with a
1.7proposed agency rule. An agency must make this determination before the close of the
1.8hearing record or before the agency submits the record to the administrative law judge if
1.9there is no hearing. The administrative law judge must review and approve or disapprove
1.10the agency's determination. "Local government" means a town, county, or home rule
1.11charter or statutory city.
1.12    Subd. 2. Effective dates. If the agency determines that the proposed rule requires
1.13adoption or amendment of an ordinance or other regulation, or if the administrative law
1.14judge disapproves the agency's determination that the rule does not have this effect, the
1.15rule may not become effective until:
1.16(1) the next July 1 or January 1 after notice of final adoption is published in the
1.17State Register; or
1.18(2) a later date provided by law or specified in the proposed rule.
1.19    Subd. 3. Exceptions. Subdivision 2 does not apply:
1.20(1) to a rule adopted under section 14.388, 14.389, or 14.3895, or under another law
1.21specifying that the rulemaking procedures of this chapter do not apply;
1.22(2) if the administrative law judge approves an agency's determination that the rule
1.23has been proposed pursuant to a specific federal statutory or regulatory mandate that
1.24requires the rule to take effect before the date specified in subdivision 1; or
1.25(3) if the governor waives application of subdivision 2.

1.26    Sec. 2. Minnesota Statutes 2008, section 16C.28, subdivision 1a, is amended to read:
2.1    Subd. 1a. Establishment and purpose. (a) The state recognizes the importance of
2.2the inclusion of a best value contracting system for construction as an alternative to the
2.3current low-bid system of procurement. In order to accomplish that goal, state and local
2.4governmental entities shall be able to choose the best value system in different phases.
2.5    (b) "Best value" means the procurement method defined in section 16C.02,
2.6subdivision 4a.
2.7    (c) The following entities are eligible to participate in phase I:
2.8    (1) state agencies;
2.9    (2) counties;
2.10    (3) cities; and
2.11    (4) school districts with the highest 25 percent enrollment of students in the state.
2.12Phase I begins on July 1, 2007.
2.13    (d) The following entities are eligible to participate in phase II:
2.14    (1) those entities included in phase I; and
2.15    (2) school districts with the highest 50 percent enrollment of students in the state.
2.16Phase II begins two years from July 1, 2007.
2.17    (e) The following entities are eligible to participate in phase III:
2.18    (1) all entities included in phases I and II; and
2.19    (2) all other townships, school districts, and political subdivisions in the state.
2.20Phase III begins three years from July 1, 2007.
2.21    (f) The commissioner or any agency for which competitive bids or proposals are
2.22required may not use best value contracting as defined in section 16C.02, subdivision 4a,
2.23for more than one project annually, or 20 percent of its projects, whichever is greater, in
2.24each of the first three fiscal years in which best value construction contracting is used.

2.25    Sec. 3. Minnesota Statutes 2008, section 211B.37, is amended to read:
2.26211B.37 COSTS ASSESSED.
2.27    Subdivision 1. Cost of proceedings; statewide ballot questions. Except as
2.28otherwise provided in subdivision 2 and section 211B.36, subdivision 3, the chief
2.29administrative law judge shall assess the cost of considering complaints filed under
2.30section 211B.32 as provided in this section. Costs of complaints relating to a statewide
2.31ballot question or an election for a statewide or legislative office must be assessed against
2.32the appropriation from the general fund to the general account of the state elections
2.33campaign fund in section 10A.31, subdivision 4. Costs of complaints relating to any
2.34other ballot question or elective office must be assessed against the county or counties in
2.35which the election is held. Where the election is held in more than one county, the chief
3.1administrative law judge shall apportion the assessment among the counties in proportion
3.2to their respective populations within the election district to which the complaint relates
3.3according to the most recent decennial federal census as provided in subdivision 2.
3.4    Subd. 2. Cost of proceedings; other ballot questions. The costs of complaints
3.5relating to a ballot question other than a statewide ballot question or an election for a
3.6statewide or legislative office must be paid by the parties in the proportions that they agree
3.7to. Notwithstanding section 14.53 or other law, the Office of Administrative Hearings is
3.8not liable for the costs. If the parties do not agree to a division of the costs before the
3.9commencement of mediation, arbitration, or hearing, the costs must be allocated on an
3.10equitable basis by the mediator, arbitrator, or chief administrative law judge. The chief
3.11administrative law judge may contract with the parties to a matter for the purpose of
3.12providing administrative law judges and reporters for an administrative proceeding or
3.13alternative dispute resolution. The chief administrative law judge shall assess the cost of
3.14services rendered by the Office of Administrative Hearings as provided by section 14.53.

3.15    Sec. 4. Minnesota Statutes 2008, section 306.243, is amended by adding a subdivision
3.16to read:
3.17    Subd. 6. Abandonment; end of operation as cemetery. A county that has accepted
3.18responsibility for an abandoned cemetery may prohibit further burials in the abandoned
3.19cemetery, and may cease all acceptance of responsibility for new burials.

3.20    Sec. 5. Minnesota Statutes 2008, section 326B.145, is amended to read:
3.21326B.145 ANNUAL REPORT.
3.22Beginning with the first report filed by June 30, 2003, each municipality shall
3.23annually report by June 30 to the department, in a format prescribed by the department, all
3.24construction and development-related fees collected by the municipality from developers,
3.25builders, and subcontractors if the cumulative fees collected exceeded $5,000 $10,000 in
3.26the reporting year. The report must include:
3.27(1) the number and valuation of units for which fees were paid;
3.28(2) the amount of building permit fees, plan review fees, administrative fees,
3.29engineering fees, infrastructure fees, and other construction and development-related
3.30fees; and
3.31(3) the expenses associated with the municipal activities for which fees were
3.32collected.
4.1EFFECTIVE DATE.This section is effective on the day following final enactment,
4.2and is repealed on December 31, 2013, at which time this section reverts to the statute as
4.3it existed on the day of final enactment.

4.4    Sec. 6. Minnesota Statutes 2008, section 344.18, is amended to read:
4.5344.18 COMPENSATION OF VIEWERS.
4.6Fence viewers must be paid for their services by the person employing them at the
4.7rate of $15 each for each day's employment. $60 must be deposited with the town or city
4.8treasurer before the service is performed. Upon completion of the service, any of the $60
4.9not spent to compensate the fence viewers must be returned to the depositor. The town
4.10board may by resolution require the person employing the fence viewers to post a bond or
4.11other security acceptable to the board for the total estimated costs before the viewing takes
4.12place. The total estimated costs may include the cost of professional and other services,
4.13hearing costs, administrative costs, recording costs, and other costs and expenses which
4.14the town may incur in connection with the viewing.

4.15    Sec. 7. Minnesota Statutes 2008, section 365.28, is amended to read:
4.16365.28 PUBLIC BURIAL GROUND IS TOWN'S AFTER TEN YEARS.
4.17    A tract of land in a town becomes town property after it has been used as a public
4.18burial ground for ten years if the tract is not owned by a cemetery association. The town
4.19board shall control the burial ground as it controls other town cemeteries. A town that
4.20has accepted responsibility for an abandoned cemetery may prohibit further burials in the
4.21abandoned cemetery, and may cease all acceptance of responsibility for new burials.

4.22    Sec. 8. Minnesota Statutes 2008, section 375.055, subdivision 1, is amended to read:
4.23    Subdivision 1. Fixed by county board. (a) The county commissioners in all
4.24counties, except Hennepin and Ramsey, shall receive as compensation for services
4.25rendered by them for their respective counties, annual salaries and in addition may receive
4.26per diem payments and reimbursement for necessary expenses in performing the duties of
4.27the office as set by resolution of the county board. The salary and schedule of per diem
4.28payments shall not be effective until January 1 of the next year. The resolution shall
4.29contain a statement of the new salary on an annual basis. The board may establish a
4.30schedule of per diem payments for service by individual county commissioners on any
4.31board, committee, or commission of county government including committees of the
4.32board, or for the performance of services by individual county commissioners when
4.33required by law. In addition to its publication in the official newspaper of the county as
4.34part of the proceedings of the meeting of the county board, the resolution setting the salary
5.1and schedule of per diem payments shall be published in one other newspaper of the
5.2county, if there is one located in a different municipality in the county than the official
5.3newspaper. The salary of a county commissioner or the schedule of per diem payments
5.4shall not change except in accordance with this subdivision.
5.5    (b) Notwithstanding paragraph (a), a resolution adopted by the county board to
5.6decrease commissioners' salaries or per diem payments may take effect at any time.
5.7EFFECTIVE DATE.This section is effective the day following final enactment.

5.8    Sec. 9. Minnesota Statutes 2008, section 375.12, subdivision 2, is amended to read:
5.9    Subd. 2. Small claims totaled. Individualized itemized accounts, claims or
5.10demands allowed by the county board pursuant to section 471.38, subdivision 1, need not
5.11be published pursuant to subdivision 1, if the amount allowed from each claim is $300
5.12$2,000 or less. The official proceedings following the itemization of accounts required
5.13shall contain a statement showing the total number of claims that did not exceed $300
5.14$2,000 and their total dollar amount.

5.15    Sec. 10. Minnesota Statutes 2008, section 382.265, is amended to read:
5.16382.265 CLERK HIRE IN CERTAIN COUNTIES.
5.17In all counties of this state where the amount of clerk hire now or hereafter provided
5.18by law for any county office shall be insufficient to meet the requirements of said office,
5.19the county officer in need of additional clerk hire shall prepare a petition and statement
5.20setting forth therein the amount of additional clerk hire needed and file the same with the
5.21county auditor, who shall present the same to the board of county commissioners at the
5.22next meeting of said board. If the board of county commissioners shall grant said petition
5.23by majority vote of all members elected to the board, then the amount of additional clerk
5.24hire requested in said petition shall thereupon become effective for said office. Said board
5.25shall act on any such petition within 60 days from the time it has been filed with the
5.26county auditor. If the board of county commissioners shall determine that the amount of
5.27additional clerk hire requested in said petition is excessive and more than is necessary for
5.28said office, it shall fix the amount of such additional clerk hire to be allowed, if any, and
5.29notify such officer thereof. If said county officer or any taxpayer of the county shall be
5.30dissatisfied with the decision of the board of county commissioners, the officer may, at
5.31the officer's own expense, within ten days after the decision of said board, appeal to the
5.32district court. The district court, either in term or vacation and upon ten days' notice to
5.33the chair of the board of county commissioners, shall hear such appeal and summarily
6.1determine the amount of additional clerk hire needed by an order, a copy of which shall
6.2be filed with the county auditor.

6.3    Sec. 11. Minnesota Statutes 2008, section 383B.021, is amended to read:
6.4383B.021 COMPENSATION.
6.5    No per diem payment shall be allowed county board members for service on the
6.6county board or any other county body. County board members shall pay for parking in
6.7county owned parking facilities where payment is required. County board members may
6.8be allowed mileage for use of their personal automobile at a rate per mile.
6.9    The Hennepin County board may set the salary of board members by resolution
6.10limited to that subject. The salary must be stated as a fixed dollar amount. Adjustments
6.11in commissioners' salaries shall be adopted by the county board by resolution prior to a
6.12general election to take effect January 1 of the succeeding year, except that a resolution
6.13adopted by the county board to decrease commissioners' salaries may take effect at any
6.14time. Any resolution that makes an adjustment must state the change and the resulting
6.15salary for a member as fixed dollar amounts.
6.16EFFECTIVE DATE.This section is effective the day following final enactment.

6.17    Sec. 12. Minnesota Statutes 2008, section 384.151, subdivision 1a, is amended to read:
6.18    Subd. 1a. Implementation. (a) The county board of each of the counties specified
6.19in subdivision 1 of less than 75,000 population annually shall set by resolution the salary
6.20of the county auditor which shall be paid to the county auditor at such intervals as the
6.21board shall determine but not less often than once each month.
6.22(b) At the January meeting prior to the first date on which applicants may file for the
6.23office of county auditor the board shall set by resolution the minimum salary to be paid the
6.24county auditor for the term next following.
6.25(c) In the event a vacancy occurs in the office of county auditor the board may
6.26set the annual salary for the remainder of the calendar year at an amount less than was
6.27set for that year.
6.28(d) The board, in any case specified in this subdivision, may not set the annual
6.29salary at an amount less than the minimums provided in this subdivision but it may set
6.30the salary in excess of such minimums.
6.31(e) (d) The salary of the county auditor shall not be reduced during the term for
6.32which the auditor was elected or appointed.
6.33(f) (e) In the event that duties are assigned to the auditor which are in addition to
6.34duties as auditor, additional compensation may be provided for the additional duties. The
7.1county board by resolution shall determine the additional compensation which shall be
7.2paid and specify the duties for which the additional compensation is to be paid.

7.3    Sec. 13. Minnesota Statutes 2008, section 385.373, subdivision 1a, is amended to read:
7.4    Subd. 1a. Implementation. (a) The county board of each of the counties specified
7.5in subdivision 1 of less than 75,000 population annually shall set by resolution the salary
7.6of the county treasurer which shall be paid to the county treasurer at such intervals as the
7.7board shall determine but not less often than once each month.
7.8(b) At the January meeting prior to the first date on which applicants may file for the
7.9office of county treasurer the board shall set by resolution the minimum salary to be paid
7.10the county treasurer for the term next following.
7.11(c) In the event a vacancy occurs in the office of county treasurer the board may
7.12set the annual salary for the remainder of the calendar year at an amount less than was
7.13set for that year.
7.14(d) The board in no case may set the annual salary at an amount less than the
7.15minimums provided in this subdivision but it may set the salary in excess of the minimums.
7.16(e) (d) The salary of the county treasurer shall not be reduced during the term for
7.17which the treasurer was elected or appointed.
7.18(f) (e) In the event that duties are assigned to the treasurer which are in addition to
7.19duties as treasurer, additional compensation may be provided for the additional duties.
7.20The county board by resolution shall determine the additional compensation which shall
7.21be paid and specify the duties for which the additional compensation is to be paid.

7.22    Sec. 14. Minnesota Statutes 2008, section 386.015, subdivision 2, is amended to read:
7.23    Subd. 2. Board's salary procedure. (a) The county board of each of the counties
7.24specified in subdivision 1 of less than 75,000 population annually shall set by resolution
7.25the salary of the county recorder which shall be paid to the county recorder at such
7.26intervals as the board shall determine but not less often than once each month.
7.27(b) At the January meeting prior to the first date on which applicants may file for the
7.28office of county recorder the board shall set by resolution the minimum salary to be paid
7.29county recorder for the term next following.
7.30(c) In the event a vacancy occurs in the office of the county recorder the board
7.31may set the annual salary for the remainder of the calendar year at an amount less than
7.32was set for that year.
7.33(d) The board in any case specified in this subdivision may not set the annual salary
7.34at an amount less than the minimum provided in subdivision 1 but it may set the salary in
7.35excess of such minimums.
8.1(e) (d) The salary of the county recorder shall not be reduced during the term for
8.2which the recorder is elected or appointed.
8.3(f) (e) In the event that duties are assigned to the county recorder which are in
8.4addition to duties as county recorder, additional compensation may be provided for
8.5the additional duties. The county board by resolution shall determine the additional
8.6compensation which shall be paid and specify the duties for which the additional
8.7compensation is to be paid.

8.8    Sec. 15. Minnesota Statutes 2008, section 387.20, subdivision 1, is amended to read:
8.9    Subdivision 1. Counties under 75,000. (a) The sheriffs of all counties of the state
8.10with less than 75,000 inhabitants according to the 1960 federal census shall receive yearly
8.11salaries for all services rendered by them for their respective counties, not less than the
8.12following amounts according to the then last preceding federal census:
8.13(1) in counties with less than 10,000 inhabitants, $6,000;
8.14(2) in counties with 10,000 but less than 20,000 inhabitants, $6,500;
8.15(3) in counties with 20,000 but less than 30,000 inhabitants, $7,000;
8.16(4) in counties with 30,000 but less than 40,000 inhabitants, $7,500;
8.17(5) in counties with 40,000 or more inhabitants, $8,000.
8.18(b) (a) In addition to such the sheriff's salary each, the sheriff shall be reimbursed for
8.19all expenses incurred in the performance of official duties for the sheriff's county and the
8.20claim for such the expenses shall be prepared, allowed, and paid in the same manner as
8.21other claims against counties are prepared, allowed, and paid except that the expenses
8.22incurred by such the sheriffs in the performance of service required of them in connection
8.23with insane persons either by a district court or by law and a per diem for deputies and
8.24assistants necessarily required under such the performance of such the services shall be
8.25allowed and paid as provided by the law regulating the apprehension, examination, and
8.26commitment of insane persons; provided that any sheriff or deputy receiving an annual
8.27salary shall pay over any per diem received to the county in the manner and at the time
8.28prescribed by the county board, but not less often than once each month.
8.29(c) (b) All claims for livery hire shall state the purpose for which such livery was
8.30used and have attached thereto a receipt for the amount paid for such livery signed by
8.31the person of whom it was hired.
8.32(d) (c) A county may pay a sheriff or deputy as compensation for the use of a
8.33personal automobile in the performance of official duties a mileage allowance prescribed
8.34by the county board or a monthly or other periodic allowance in lieu of mileage. The
8.35allowance for automobile use is not subject to limits set by other law.

9.1    Sec. 16. Minnesota Statutes 2008, section 387.20, subdivision 2, is amended to read:
9.2    Subd. 2. Board procedure, details. (a) The county board of each of the counties
9.3specified in this section of less than 75,000 population annually shall set by resolution the
9.4salary of the county sheriff which shall be paid to the county sheriff at such intervals as the
9.5board shall determine, but not less often than once each month.
9.6(b) At the January meeting prior to the first date on which applicants may file for the
9.7office of county sheriff the board shall set by resolution the minimum salary to be paid the
9.8county sheriff for the term next following.
9.9(c) In the event a vacancy occurs in the office of county sheriff, the board may
9.10set the annual salary for the remainder of the calendar year at an amount less than was
9.11set for that year.
9.12(d) The board in any case specified in this subdivision may not set the annual
9.13salary at an amount less than the minimum provided in this subdivision, but it may set
9.14the salary in excess of such minimums.
9.15(e) (d) The salary of the county sheriff shall not be reduced during the term for
9.16which the sheriff was elected or appointed.

9.17    Sec. 17. Minnesota Statutes 2008, section 415.11, is amended by adding a subdivision
9.18to read:
9.19    Subd. 3. Temporary reductions. Notwithstanding subdivision 2 or a charter
9.20provision to the contrary, the governing body may enact an ordinance to take effect before
9.21the next succeeding municipal election that reduces the salaries of the members of the
9.22governing body. The ordinance shall be in effect for 12 months, unless another period of
9.23time is specified in the ordinance, after which the salary of the members reverts to the
9.24salary in effect immediately before the ordinance was enacted.
9.25EFFECTIVE DATE.This section is effective the day following final enactment.

9.26    Sec. 18. Minnesota Statutes 2008, section 429.041, subdivision 1, is amended to read:
9.27    Subdivision 1. Plans and specifications, advertisement for bids. When the
9.28council determines to make any improvement, it shall let the contract for all or part of
9.29the work, or order all or part of the work done by day labor or otherwise as authorized by
9.30subdivision 2, no later than one year after the adoption of the resolution ordering such
9.31improvement, unless a different time limit is specifically stated in the resolution ordering
9.32the improvement. The council shall cause plans and specifications of the improvement
9.33to be made, or if previously made, to be modified, if necessary, and to be approved and
9.34filed with the clerk, and if the estimated cost exceeds $50,000 the amount in section
10.1471.345, subdivision 3, shall advertise for bids for the improvement in the newspaper and
10.2such other papers and for such length of time as it may deem advisable. If the estimated
10.3cost exceeds $100,000 twice the amount in section 471.345, subdivision 3, publication
10.4shall be made no less than three weeks before the last day for submission of bids once
10.5in the newspaper and at least once in either a newspaper published in a city of the first
10.6class or a trade paper. To be eligible as such a trade paper, a publication shall have all
10.7the qualifications of a legal newspaper except that instead of the requirement that it shall
10.8contain general and local news, such trade paper shall contain building and construction
10.9news of interest to contractors in this state, among whom it shall have a general circulation.
10.10The advertisement shall specify the work to be done, shall state the time when the bids
10.11will be publicly opened for consideration by the council, which shall be not less than ten
10.12days after the first publication of the advertisement when the estimated cost is less than
10.13$100,000 twice the amount in section 471.345, subdivision 3, and not less than three
10.14weeks after such publication in other cases, and shall state that no bids will be considered
10.15unless sealed and filed with the clerk and accompanied by a cash deposit, cashier's check,
10.16bid bond, or certified check payable to the clerk, for such percentage of the amount of the
10.17bid as the council may specify. In providing for the advertisement for bids the council
10.18may direct that the bids shall be opened publicly by two or more designated officers or
10.19agents of the municipality and tabulated in advance of the meeting at which they are to
10.20be considered by the council. Nothing herein shall prevent the council from advertising
10.21separately for various portions of the work involved in an improvement, or from itself,
10.22supplying by such means as may be otherwise authorized by law, all or any part of the
10.23materials, supplies, or equipment to be used in the improvement or from combining two or
10.24more improvements in a single set of plans and specifications or a single contract.

10.25    Sec. 19. Minnesota Statutes 2008, section 429.041, subdivision 2, is amended to read:
10.26    Subd. 2. Contracts; day labor. In contracting for an improvement, the council shall
10.27require the execution of one or more written contracts and bonds, conditioned as required
10.28by law. The council shall award the contract to the lowest responsible bidder or it may
10.29reject all bids. If any bidder to whom a contract is awarded fails to enter promptly into
10.30a written contract and to furnish the required bond, the defaulting bidder shall forfeit to
10.31the municipality the amount of the defaulter's cash deposit, cashier's check, bid bond, or
10.32certified check, and the council may thereupon award the contract to the next lowest
10.33responsible bidder. When it appears to the council that the cost of the entire work projected
10.34will be less than $50,000 the amount in section 471.345, subdivision 3, or whenever no
10.35bid is submitted after proper advertisement or the only bids submitted are higher than
11.1the engineer's estimate, the council may advertise for new bids or, without advertising
11.2for bids, directly purchase the materials for the work and do it by the employment of day
11.3labor or in any other manner the council considers proper. The council may have the
11.4work supervised by the city engineer or other qualified person but shall have the work
11.5supervised by a registered engineer if done by day labor and it appears to the council that
11.6the entire cost of all work and materials for the improvement will be more than $25,000
11.7the lowest amount in section 471.345, subdivision 4. In case of improper construction
11.8or unreasonable delay in the prosecution of the work by the contractor, the council may
11.9order and cause the suspension of the work at any time and relet the contract, or order
11.10a reconstruction of any portion of the work improperly done, and where the cost of
11.11completion or reconstruction necessary will be less than $50,000 the amount in section
11.12471.345, subdivision 3, the council may do it by the employment of day labor.

11.13    Sec. 20. Minnesota Statutes 2008, section 469.015, is amended to read:
11.14469.015 LETTING OF CONTRACTS; PERFORMANCE BONDS.
11.15    Subdivision 1. Bids; notice. All construction work, and work of demolition or
11.16clearing, and every purchase of equipment, supplies, or materials, necessary in carrying
11.17out the purposes of sections 469.001 to 469.047, that involve expenditure of $50,000 the
11.18amount in section 471.345, subdivision 3, or more shall be awarded by contract. Before
11.19receiving bids the authority shall publish, once a week for two consecutive weeks in an
11.20official newspaper of general circulation in the community a notice that bids will be
11.21received for that construction work, or that purchase of equipment, supplies, or materials.
11.22The notice shall state the nature of the work and the terms and conditions upon which the
11.23contract is to be let, naming a time and place where bids will be received, opened and read
11.24publicly, which time shall be not less than seven days after the date of the last publication.
11.25After the bids have been received, opened and read publicly and recorded, the authority
11.26shall award the contract to the lowest responsible bidder, provided that the authority
11.27reserves the right to reject any or all bids. Each contract shall be executed in writing, and
11.28the person to whom the contract is awarded shall give sufficient bond to the authority for its
11.29faithful performance. If no satisfactory bid is received, the authority may readvertise. The
11.30authority may establish reasonable qualifications to determine the fitness and responsibility
11.31of bidders and to require bidders to meet the qualifications before bids are accepted.
11.32    Subd. 1a. Best value alternative. As an alternative to the procurement method
11.33described in subdivision 1, the authority may issue a request for proposals and award the
11.34contract to the vendor or contractor offering the best value under a request for proposals as
11.35described in section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).
12.1    Subd. 2. Exception; emergency. If the authority by a vote of four-fifths of its
12.2members shall declare that an emergency exists requiring the immediate purchase of
12.3any equipment or material or supplies at a cost in excess of $50,000 the amount in
12.4section 471.345, subdivision 3, but not exceeding $75,000 one-half again as much as
12.5the amount in section 471.345, subdivision 3, or making of emergency repairs, it shall
12.6not be necessary to advertise for bids, but the material, equipment, or supplies may be
12.7purchased in the open market at the lowest price obtainable, or the emergency repairs may
12.8be contracted for or performed without securing formal competitive bids. An emergency,
12.9for purposes of this subdivision, shall be understood to be unforeseen circumstances or
12.10conditions which result in the placing in jeopardy of human life or property.
12.11    Subd. 3. Performance and payment bonds. Performance and payment bonds shall
12.12be required from contractors for any works of construction as provided in and subject
12.13to all the provisions of sections 574.26 to 574.31 except for contracts entered into by
12.14an authority for an expenditure of less than $50,000 the minimum threshold amount in
12.15section 471.345, subdivision 3.
12.16    Subd. 4. Exceptions. (a) An authority need not require competitive bidding in the
12.17following circumstances:
12.18(1) in the case of a contract for the acquisition of a low-rent housing project:
12.19(i) for which financial assistance is provided by the federal government;
12.20(ii) which does not require any direct loan or grant of money from the municipality
12.21as a condition of the federal financial assistance; and
12.22(iii) for which the contract provides for the construction of the project upon land that
12.23is either owned by the authority for redevelopment purposes or not owned by the authority
12.24at the time of the contract but the contract provides for the conveyance or lease to the
12.25authority of the project or improvements upon completion of construction;
12.26(2) with respect to a structured parking facility:
12.27(i) constructed in conjunction with, and directly above or below, a development; and
12.28(ii) financed with the proceeds of tax increment or parking ramp general obligation
12.29or revenue bonds;
12.30(3) until August 1, 2009, with respect to a facility built for the purpose of facilitating
12.31the operation of public transit or encouraging its use:
12.32(i) constructed in conjunction with, and directly above or below, a development; and
12.33(ii) financed with the proceeds of parking ramp general obligation or revenue bonds
12.34or with at least 60 percent of the construction cost being financed with funding provided
12.35by the federal government; and
13.1(4) in the case of any building in which at least 75 percent of the usable square
13.2footage constitutes a housing development project if:
13.3(i) the project is financed with the proceeds of bonds issued under section 469.034 or
13.4from nongovernmental sources;
13.5(ii) the project is either located on land that is owned or is being acquired by the
13.6authority only for development purposes, or is not owned by the authority at the time the
13.7contract is entered into but the contract provides for conveyance or lease to the authority
13.8of the project or improvements upon completion of construction; and
13.9(iii) the authority finds and determines that elimination of the public bidding
13.10requirements is necessary in order for the housing development project to be economical
13.11and feasible.
13.12(b) An authority need not require a performance bond for the following projects:
13.13(1) a contract described in paragraph (a), clause (1);
13.14(2) a construction change order for a housing project in which 30 percent of the
13.15construction has been completed;
13.16(3) a construction contract for a single-family housing project in which the authority
13.17acts as the general construction contractor; or
13.18(4) a services or materials contract for a housing project.
13.19For purposes of this paragraph, "services or materials contract" does not include
13.20construction contracts.
13.21    Subd. 5. Security in lieu of bond. The authority may accept a certified check or
13.22cashier's check in the same amount as required for a bond in lieu of a performance bond
13.23for contracts entered into by an authority for an expenditure of less than $50,000 the
13.24minimum threshold amount in section 471.345, subdivision 3. The check must be held by
13.25the authority for 90 days after the contract has been completed. If no suit is brought within
13.26the 90 days, the authority must return the amount of the check to the person making it. If a
13.27suit is brought within the 90-day period, the authority must disburse the amount of the
13.28check pursuant to the order of the court.

13.29    Sec. 21. Minnesota Statutes 2008, section 471.999, is amended to read:
13.30471.999 REPORT TO LEGISLATURE.
13.31The commissioner of finance shall report to the legislature by January 1 of each
13.32year on the status of compliance with section 471.992, subdivision 1, by governmental
13.33subdivisions.
13.34The report must include a list of the political subdivisions in compliance with section
13.35471.992, subdivision 1 , and the estimated cost of compliance. The report must also
14.1include a list of political subdivisions found by the commissioner to be not in compliance,
14.2the basis for that finding, recommended changes to achieve compliance, estimated cost
14.3of compliance, and recommended penalties, if any. The commissioner's report must
14.4include a list of subdivisions that did not comply with the reporting requirements of this
14.5section. The commissioner may request, and a subdivision shall provide, any additional
14.6information needed for the preparation of a report under this subdivision.
14.7Notwithstanding any rule to the contrary, beginning in 2005, a political subdivision
14.8must report on its compliance with the requirements of sections 471.991 to 471.999 no
14.9more frequently than once every three five years, unless the political subdivision was
14.10found by the commissioner to be not in compliance in its most recent report, in which
14.11case the political subdivision's next report must be made within three years. No report
14.12from a political subdivision is required for 2003 and 2004.

14.13    Sec. 22. Minnesota Statutes 2008, section 473.862, is amended to read:
14.14473.862 METRO COUNTIES OTHER THAN HENNEPIN, RAMSEY,
14.15ANOKA, AND DAKOTA.
14.16    Subdivision 1. Contents of plan. Comprehensive plans of counties shall contain at
14.17least the following:
14.18(a) Except for the counties of Hennepin and, Ramsey, Anoka, and Dakota, a land
14.19use plan as specified in section 473.859, subdivision 2, for all unincorporated territory
14.20within the county;
14.21(b) A public facilities plan which shall include all appropriate matters specified
14.22in section 473.859, subdivision 3, including a transportation plan, and a description of
14.23existing and projected solid waste disposal sites and facilities;
14.24(c) An implementation program, as specified in section 473.859, subdivision 4.
14.25    Subd. 2. Towns with no plan by 1976. Each county other than Hennepin and,
14.26Ramsey, Anoka, and Dakota shall prepare, with the participation and assistance of the
14.27town, the comprehensive plan for any town within the county which fails by December
14.2831, 1976, to take action by resolution pursuant to section 473.861, subdivision 2 and shall
14.29prepare all or part of any plan delegated to it pursuant to section 473.861, subdivision 2.
14.30    Subd. 3. Towns that cannot plan. Each county other than Hennepin and, Ramsey,
14.31Anoka, and Dakota shall prepare, with the participation and assistance of the town, the
14.32comprehensive plan for each town within the county not authorized to plan under sections
14.33462.351 to 462.364, or under special law.

14.34    Sec. 23. Minnesota Statutes 2008, section 641.12, subdivision 1, is amended to read:
15.1    Subdivision 1. Fee. A county board may require that each person who is booked for
15.2confinement at a county or regional jail, and not released upon completion of the booking
15.3process, pay a fee of up to $10 to the sheriff's department of the county in which the jail
15.4is located to cover costs incurred by the county in the booking of that person. The fee
15.5is payable immediately from any money then possessed by the person being booked, or
15.6any money deposited with the sheriff's department on the person's behalf. If the person
15.7has no funds at the time of booking or during the period of any incarceration, the sheriff
15.8shall notify the district court in the county where the charges related to the booking are
15.9pending, and shall request the assessment of the fee. Notwithstanding section 609.10 or
15.10609.125 , upon notification from the sheriff, the district court must order the fee paid to the
15.11sheriff's department as part of any sentence or disposition imposed. If the person is not
15.12charged, is acquitted, or if the charges are dismissed, the sheriff shall return the fee to the
15.13person at the last known address listed in the booking records.

15.14    Sec. 24. REPEALER.
15.15Minnesota Statutes 2008, sections 373.42; 384.151, subdivisions 1 and 3; 385.373,
15.16subdivisions 1 and 3; 386.015, subdivisions 1 and 4; 387.20, subdivision 4; and 471.661,
15.17are repealed."
15.18Renumber the sections in sequence and correct the internal references
15.19Amend the title accordingly