Journal of the House - 66th
Day - Monday, May 23, 2005 - Top of Page 4801
elections and
campaign finance; regulating Minneapolis teacher pensions; modifying provisions
related to the military and veterans; providing conforming amendments; amending
Minnesota Statutes 2004, sections 3.011; 3.012; 3.02; 10A.01, subdivisions 5,
21, 23, 26; 10A.025, by adding a subdivision; 10A.071, subdivision 3; 10A.08;
10A.20, subdivisions 2, 5, by adding a subdivision; 10A.27, subdivision 1;
10A.28, subdivision 2; 10A.31, subdivisions 1, 3, 4, 5, 6a; 11A.04; 11A.07,
subdivisions 4, 5; 11A.24, subdivision 6; 13.635, by adding a subdivision;
14.19; 15.054; 15B.17, subdivision 1; 16A.103, by adding a subdivision;
16A.1286, subdivisions 2, 3; 16A.152, subdivision 2; 16A.1522, subdivision 1;
16A.281; 16B.52, subdivision 1; 16C.10, subdivision 7; 16C.144; 16C.16,
subdivision 1, by adding a subdivision; 16C.23, by adding a subdivision;
43A.183; 43A.23, subdivision 1; 123B.63, subdivision 3; 126C.17, subdivision
11; 190.16, by adding a subdivision; 192.19; 192.261, subdivisions 1, 2;
192.501, subdivision 2; 193.29, subdivision 3; 193.30; 193.31; 197.608,
subdivision 5; 200.02, subdivisions 7, 23, by adding a subdivision; 201.022, by
adding a subdivision; 201.061, subdivision 3; 201.071, subdivision 1; 201.091,
subdivision 5; 203B.01, subdivision 3; 203B.02, subdivision 1; 203B.04,
subdivisions 1, 4, by adding a subdivision; 203B.07, subdivision 2; 203B.11,
subdivision 1; 203B.12, subdivision 2; 203B.20; 203B.21, subdivisions 1, 3;
203B.24, subdivision 1; 204B.10, subdivision 6; 204B.14, subdivision 2;
204B.16, subdivisions 1, 5; 204B.18, subdivision 1; 204B.22, subdivision 3;
204B.27, subdivisions 1, 3; 204B.33; 204C.05, subdivision 1a, by adding a
subdivision; 204C.08, subdivision 1; 204C.24, subdivision 1; 204C.28,
subdivision 1; 204C.50, subdivisions 1, 2; 204D.03, subdivision 1; 204D.14,
subdivision 3; 204D.27, subdivision 5; 205.10, subdivision 3; 205.175,
subdivision 2; 205A.05, subdivision 1; 205A.09, subdivision 1; 206.56, subdivisions
2, 3, 7, 8, 9, by adding subdivisions; 206.57, subdivisions 1, 5, by adding a
subdivision; 206.58, subdivision 1; 206.61, subdivisions 4, 5; 206.64,
subdivision 1; 206.80; 206.81; 206.82, subdivisions 1, 2; 206.83; 206.84,
subdivisions 1, 3, 6; 206.85, subdivision 1; 206.90, subdivisions 1, 4, 5, 6,
8, 9; 208.03; 208.04, subdivision 1; 208.05; 208.06; 208.07; 208.08; 211B.01,
subdivision 3; 240A.02, subdivision 3; 354A.08; 354A.12, subdivisions 3a, 3b;
358.11; 373.40, subdivision 2; 375.20; 394.25, by adding a subdivision; 447.32,
subdivision 4; 458.40; 462.357, by adding a subdivision; 465.82, subdivision 2;
465.84; 469.053, subdivision 5; 469.0724; 469.190, subdivision 5; 471.345, by
adding a subdivision; 471.975; 473.147, by adding a subdivision; 475.521,
subdivision 2; 475.58, subdivisions 1, 1a; 475.59; 507.093; 507.24, subdivision
2; Laws 2000, chapter 461, article 4, section 4, as amended; proposing coding
for new law in Minnesota Statutes, chapters 3; 4; 5; 6; 8; 10A; 14; 15; 15B;
16A; 16B; 16C; 43A; 196; 197; 204D; 205; 205A; 206; 298; 354A; 471; 507;
proposing coding for new law as Minnesota Statutes, chapter 471B; repealing
Minnesota Statutes 2004, sections 16A.151, subdivision 5; 16A.30; 16B.33;
43A.11, subdivision 2; 197.455, subdivision 3; 204B.22, subdivision 2; 204C.05,
subdivisions 1a, 1b; 204C.50, subdivision 7; 205.175; 205A.09; 240A.08;
354A.28; Minnesota Rules, parts 4501.0300, subparts 1, 4; 4501.0500, subpart 4;
4501.0600; 4503.0200, subpart 4; 4503.0300, subpart 2; 4503.0400, subpart 2;
4503.0500, subpart 9; 4503.0800, subpart 1.
May 23, 2005
The
Honorable Steve Sviggum
Speaker of
the House of Representatives
The
Honorable James P. Metzen
President of
the Senate
We, the undersigned conferees for H. F.
No. 1481, report that we have agreed upon the items in dispute and recommend as
follows:
That the Senate recede from its amendment
and that H. F. No. 1481 be further amended as follows:
Delete everything after the enacting
clause and insert:
"ARTICLE 1
STATE GOVERNMENT APPROPRIATIONS
Section 1. [STATE GOVERNMENT
APPROPRIATIONS.]
Journal of the House - 66th
Day - Monday, May 23, 2005 - Top of Page 4802
The sums shown in the columns
marked "APPROPRIATIONS" are appropriated from the general fund, or
another fund named, to the agencies and for the purposes specified in this
article, to be available for the fiscal years indicated for each purpose. The
figures "2005," "2006," and "2007," where used in
this article, mean that the appropriation or appropriations listed under them
are available for the year ending June 30, 2005, June 30, 2006, or June 30,
2007, respectively.
SUMMARY BY FUND
2006
2007 TOTAL
General
$295,666,000 $301,319,000 $596,985,000
Health Care Access
1,782,000 1,782,000 3,564,000
State Government Special
Revenue
2,178,000 2,194,000 4,372,000
Environmental
436,000 436,000 872,000
Remediation
484,000 484,000 968,000
Special Revenue
4,395,000 5,541,000 9,936,000
Highway User Tax
Distribution
2,097,000 2,097,000 4,194,000
Workers' Compensation
7,552,000 7,458,000 15,010,000
TOTAL
$314,590,000 $321,311,000 $635,901,000
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
Sec. 2. LEGISLATURE
Subdivision 1. Total Appropriation
$54,272,000 $62,042,000
Summary by Fund
General
54,144,000 61,914,000
Health Care Access 128,000 128,000
The amounts that may be spent from this appropriation for each program
are specified in the following subdivisions.
Subd. 2. Senate
17,965,000 20,654,000
Subd. 3. House of Representatives
24,177,000
27,790,000
Journal
of the House - 66th Day - Monday, May 23, 2005 - Top of Page 4803
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
During the biennium ending June 30, 2007, any revenues received by the
house of representatives from sponsorship notices in broadcast or print media
are appropriated to the house of representatives.
Subd. 4. Legislative Coordinating Commission
12,130,000
13,598,000
Summary by Fund
General
12,002,000 13,470,000
Health Care Access 128,000 128,000
$360,000 the first year and $360,000 the second year are for public
information television, Internet, Intranet, and other transmission of
legislative activities. At least one-half must go for programming to be
broadcast and transmitted to rural Minnesota.
On July 1, 2005, the commissioner of finance shall transfer $1,764,000
of unspent fees from the special revenue fund dedicated for the Electronic Real
Estate Recording Task Force to the general fund.
On July 1, 2005, the commissioner of finance shall cancel $2,500,000 of
the legislature's accumulated carryforward account balances, divided equally
between the senate and house balances, to the general fund.
$4,645,000 the first year and $5,143,000 the second year are for the
Office of the Revisor of Statutes.
$1,016,000 the first year and $1,154,000 the second year are for the
Legislative Reference Library.
$4,530,000 the first year and $5,206,000 the second year are for the
Office of the Legislative Auditor.
During the biennium ending June 30, 2007, the commission shall study
and report to the legislature on all matters relating to the economic status of
women in Minnesota, including: (1) the contributions of women to the economy;
(2) economic security of homemakers and women in the labor force; (3)
opportunities for education and vocational training; (4) employment
opportunities; (5) women's access to benefits and services provided to citizens of
Journal
of the House - 66th Day - Monday, May 23, 2005 - Top of Page 4804
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
this state; and (6) laws and business practices constituting barriers
to the full participation by women in the economy. The commission shall also
study the adequacy of programs and services relating to families in Minnesota.
The commission shall communicate its findings and make recommendations to the
legislature on an ongoing basis.
During the biennium ending June 30, 2007, the Legislative Coordinating
Commission must coordinate efforts of the senate, house of representatives, and
the state chief information officer to provide wireless Internet service in the
Capitol and the State Office Building. The commission may accept nonstate funds
to support the installation and support of wireless Internet access, which are appropriated to the commission for this purpose.
Services provided by the chief information officer under this provision are
available to the public. Any provision of wireless Internet access services
under this provision must include appropriate security measures, and be
coordinated with overall state telecommunications and security
strategies and architectures.
Sec. 3. GOVERNOR AND LIEUTENANT GOVERNOR 3,584,000 3,584,000
This appropriation is to fund the offices of the governor and
lieutenant governor.
$19,000 the first year and $19,000 the second year are for necessary
expenses in the normal performance of the governor's and lieutenant governor's
duties for which no other reimbursement is provided.
By September 1 of each year, the commissioner of finance shall report
to the chairs of the senate Governmental Operations Budget Division and the
house State Government Finance Division any personnel costs incurred by the
Office of the Governor and Lieutenant Governor that were supported by
appropriations to other agencies during the previous fiscal year. The Office of
the Governor shall inform the chairs of the divisions before initiating any interagency
agreements.
Sec. 4. STATE AUDITOR
8,273,000 8,273,000
Sec. 5. ATTORNEY GENERAL
25,152,000 25,192,000
Summary by Fund
General
22,745,000 22,769,000
Journal
of the House - 66th Day - Monday, May 23, 2005 - Top of Page 4805
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
State
Government
Special
Revenue
1,778,000 1,794,000
Environmental 145,000 145,000
Remediation
484,000 484,000
Sec. 6. SECRETARY OF STATE
5,905,000 6,077,000
$25,000 each year is for the
use of the task force established in Minnesota Statutes, section 507.094, for
the purposes in that section. $25,000 is included in the base budget for fiscal
year 2008 for this purpose.
Sec. 7. CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD
694,000 694,000
Sec. 8. INVESTMENT BOARD
2,167,000 2,167,000
Sec. 9. OFFICE OF ENTERPRISE TECHNOLOGY
1,803,000 1,803,000
Sec. 10. ADMINISTRATIVE HEARINGS 7,714,000 7,620,000
Summary by Fund
General
262,000 262,000
Workers'
Compensation
7,452,000 7,358,000
$203,000 the first year and
$109,000 the second year are from the workers' compensation fund for technology
improvements. The base appropriation for these improvements is $158,000 in
fiscal year 2008 and $165,000 in fiscal year 2009.
For fiscal years 2006 and
2007, the Administrative Law Division of the Office of Administrative Hearings
shall charge the fees approved by the commissioner of finance under Minnesota
Statutes, section 16A.126.
Sec. 11. ADMINISTRATION
Subdivision 1. Total Appropriation
25,558,000 20,375,000
The amounts that may be
spent from this appropriation for each program are specified in the following
subdivisions.
Journal
of the House - 66th Day - Monday, May 23, 2005 - Top of Page 4806
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
Subd. 2. State Facilities Services
16,070,000
10,946,000
$5,124,000 the first year is for
onetime funding of agency relocation expenses. The Department of Human Services
will obtain federal reimbursement for associated relocation expenses. This
amount, estimated to be $1,870,000, will be deposited in the general fund.
$7,888,000 the first year and
$7,888,000 the second year are for office space costs of the legislature and
veterans organizations, for ceremonial space, and for statutorily free space.
$2,000,000 of the balance in the state
building code account in the state government special revenue fund is canceled
to the general fund.
$1,950,000 the first year and
$1,950,000 the second year of the balance in the facilities repair and
replacement account in the special revenue fund is canceled to the general
fund. This is a onetime cancellation.
Subd. 3. State and Community Services
2,921,000
3,012,000
$714,000 the first year and $805,000
the second year are for the Land Management Information Center. The base
appropriation is $258,000 in fiscal year 2008 and $258,000 in fiscal year 2009.
$196,000 the first year and $196,000
the second year are for the Office of the State Archaeologist.
Subd. 4. Administrative Management
Services
4,712,000 4,562,000
$150,000 the first year is for a
onetime grant to Assistive Technology of Minnesota to administer a microloan
program to support purchase of equipment and devices for people with
disabilities and their families and employers, and to develop the Access to
Telework program. This appropriation is available until June 30, 2007.
$74,000 the first year and $74,000
the second year are for the Developmental Disabilities Council.
Journal
of the House - 66th Day - Monday, May 23, 2005 - Top of Page 4807
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
Subd. 5. Public Broadcasting
1,855,000
1,855,000
$963,000 the first year and $963,000
the second year are for matching grants for public television.
$398,000 the first year and $398,000
the second year are for public television equipment grants.
Equipment or matching grant
allocations shall be made after considering the recommendations of the
Minnesota Public Television Association.
$17,000 the first year and $17,000
the second year are for grants to the Twin Cities regional cable channel.
$287,000 the first year and $287,000
the second year are for community service grants to public educational radio
stations. The grants must be allocated after considering the recommendations of
the Association of Minnesota Public Educational Radio Stations under Minnesota
Statutes, section 129D.14.
$190,000 the first year and $190,000
the second year are for equipment grants to Minnesota Public Radio, Inc. This
appropriation is contingent on Minnesota Public Radio, Inc. making public a
list containing the position and salary of each employee and single individual
providing personal services under a contract who is paid more than $100,000 per
year by Minnesota Public Radio, Inc. or a related organization as defined in
Minnesota Statutes, section 317A.011, subdivision 18.
Any unencumbered balance remaining
the first year for grants to public television or radio stations does not
cancel and is available for the second year.
Sec. 12. CAPITOL AREA ARCHITECTURAL AND
PLANNING BOARD
269,000 270,000
During the biennium ending June 30,
2007, money received by the board from public agencies, as provided by
Minnesota Statutes, section 15B.17, subdivision 1, is appropriated to the
board.
Sec. 13. FINANCE
Subdivision 1. Total Appropriation
14,808,000 14,808,000
The amounts that may be spent from
this appropriation for each program are specified in the following
subdivisions.
Journal
of the House - 66th Day - Monday, May 23, 2005 - Top of Page 4808
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
No later than June 30, 2006, and
June 30, 2007, the commissioner of finance,
in consultation with the commissioner of administration, must determine the savings attributable to the "Drive to Excellence" in fiscal
year 2006 and fiscal year 2007, respectively. The savings are estimated to be
$1,000,000 for the biennium. The commissioner must deposit the amount
determined for each year in the general fund.
Subd. 2. State Financial Management
8,447,000
8,447,000
Subd. 3. Information and Management
Services
6,361,000
6,361,000
Up to $3,000,000 of the amounts
billed to state agencies under Minnesota Statutes, section 16A.1286, for the
biennium ending June 30, 2005, and not needed to provide statewide system
services during that time, must be carried forward from fiscal year 2005 to
fiscal year 2006. On July 1, 2005, the commissioner shall transfer that amount
to the general fund.
Sec. 14. EMPLOYEE RELATIONS
5,667,000 5,556,000
Sec. 15. REVENUE
Subdivision 1. Total Appropriation
101,644,000 105,442,000
Summary by Fund
General
97,602,000 101,400,000
Health Care
Access
1,654,000 1,654,000
Highway User
Tax Distribution 2,097,000 2,097,000
Environmental 291,000 291,000
The amounts that may be spent from
this appropriation for each program are specified in the following
subdivisions.
Subd. 2. Tax System Management
84,712,000
87,351,000
Summary by Fund
General
80,670,000 83,309,000
Journal
of the House - 66th Day - Monday, May 23, 2005 - Top of Page 4809
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
Health Care
Access
1,654,000 1,654,000
Highway
User Tax Distribution 2,097,000 2,097,000
Environmental 291,000 291,000
$6,311,000 the first year
and $7,950,000 the second year are for additional activities to identify and
collect tax liabilities from individuals and businesses that currently do not
pay all taxes owed. This initiative is expected to result in new general fund
revenues of $49,400,000 for the biennium ending June 30, 2007.
The department must report
to the chairs of the house of representatives Ways and Means and senate Finance
Committees by March 1, 2006, and January 15, 2007, on the following performance
indicators:
(1) the number of
corporations noncompliant with the corporate tax system each year and the
percentage and dollar amounts of valid tax liabilities collected;
(2) the number of businesses
noncompliant with the sales and use tax system and the percentage and dollar
amount of the valid tax liabilities collected; and
(3) the number of individual
noncompliant cases resolved and the percentage and dollar amounts of valid tax
liabilities collected.
The reports must also
identify base-level expenditures and staff positions related to compliance and
audit activities, including baseline information as of January 1, 2004. The
information must be provided at the budget activity level.
$30,000 the first year and
$30,000 the second year are for preparation of the income tax sample.
Subd. 3. Accounts Receivable Management
16,932,000
18,091,000
$1,208,000 the first year
and $2,367,000 the second year are for additional activities to identify and
collect tax liabilities from individuals and businesses that currently do not
pay all taxes owed. This initiative is expected to result in new general
revenues of $41,300,000 for the biennium ending June 30, 2007.
Journal
of the House - 66th Day - Monday, May 23, 2005 - Top of Page 4810
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
The commissioner, in consultation with other state agencies and local
units of government, shall develop recommendations for: (1) consolidating and
coordinating the collection of debt owed to governmental units; (2) eliminating
the fragmentation of contacts from government agencies with debtors owing such
debts; (3) reducing the cost of collecting debt owed to governmental units; and
(4) the collection of substantially larger portions of the debt owed to all
government units.
The commissioner shall report the recommendations to the governor and
the chairs of the legislative committees with jurisdiction over the department
by February 15, 2006.
Sec. 16. MILITARY AFFAIRS
Subdivision 1. Total Appropriation
17,922,000 18,439,000
Summary by Fund
General
17,584,000 17,584,000
Special Revenue 338,000 855,000
The amounts that may be spent from this appropriation for each program
are specified in the following subdivisions.
Subd. 2. Maintenance of Training Facilities
5,590,000
5,590,000
Subd. 3. General Support
1,787,000
1,787,000
$30,000 the first year and $30,000 the second year are for the
operation and staffing of the Minnesota National Guard Youth Camp at Camp
Ripley. This is a onetime appropriation and must be matched by nonstate
sources.
Subd. 4. Enlistment Incentives
10,207,000
10,207,000
$3,850,000 each year is to provide the additional amount needed for
full funding of the tuition reimbursement program in Minnesota Statutes,
section 192.501, subdivision 2.
Journal
of the House - 66th Day - Monday, May 23, 2005 - Top of Page 4811
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
$1,500,000 each year is for reenlistment bonuses under Minnesota
Statutes, section 192.501, subdivision 1b.
$338,000 the first year and $855,000 the second year are from the
account established in new Minnesota Statutes, section 190.19, for grants under
that section.
If appropriations for either year of the biennium are insufficient, the
appropriation from the other year is available. The appropriations for
enlistment incentives are available until expended.
Sec. 17. VETERANS AFFAIRS
4,706,000 4,970,000
Summary by Fund
General
4,369,000 4,115,000
Special Revenue 337,000 855,000
$357,000 the first year and $103,000 the second year are from the
general fund, and $337,000 the first year and $855,000 the second year are from
the account established in Minnesota Statutes, section 190.19, for: (1)
veterans' services provided by Veterans of Foreign Wars, the Military Order of
the Purple Heart, Disabled American Veterans, and the Vietnam Veterans of
America; (2) grants for veterans' services to the Vinland Center and the
Minnesota Assistance Council for Veterans; and (3) an outreach and assistance
initiative for underserved veterans. The general fund portion of this
appropriation must first be used for the base budget funding for the
organizations listed in clause (1).
Any balance in the first year does not cancel but is available in the
second year.
In each fiscal year, the commissioner of finance must distribute the
amounts received in the account established in Minnesota Statutes, section
190.19, so that the appropriations from the account are divided equally between
this section and section 16, subdivision 4.
Sec. 18. GAMBLING CONTROL
2,800,000 2,800,000
These appropriations are from the lawful gambling regulation account in
the special revenue fund.
Sec. 19. RACING COMMISSION
674,000 835,000
Journal
of the House - 66th Day - Monday, May 23, 2005 - Top of Page 4812
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
(a) These appropriations are from the racing and card playing
regulation account in the special revenue fund.
(b) $253,000 for the fiscal year ending June 30, 2006, and $414,000 for
the fiscal year ending June 30, 2007, are from the racing and card playing
regulation account in the special revenue fund. If the commission does not spend
all of the revenue from the interim license fee authorized by Laws 2003, First
Special Session chapter 1, article 2, section 69, in fiscal year 2005 or fiscal
year 2006, the commission must reduce the amount of fees charged to the
feepayers in fiscal year 2007 by the amount unspent. The Racing Commission must
file monthly expenditure reports with the commissioner of finance for money
spent from the appropriation in this paragraph.
(c) The racing commission may not hire new employees or enter into new
contracts with money subject to paragraph (b) before resolution of the petition
for judicial review filed by the Columbus Concerned Citizens Group.
Sec. 20. STATE LOTTERY
Notwithstanding Minnesota Statutes, section 349A.10, the operating
budget must not exceed $26,700,000 in fiscal year 2006 and $27,350,000 in
fiscal year 2007.
On July 1, 2005, the director of the State Lottery shall transfer
unclaimed prize funds accumulated before July 1, 2003, in the amount of
$2,187,000, to the general fund.
Sec. 21. TORT CLAIMS
161,000 161,000
To be spent by the commissioner of finance.
If the appropriation for either year is insufficient, the appropriation
for the other year is available for it.
Sec. 22. MINNESOTA STATE RETIREMENT SYSTEM
1,176,000 1,205,000
The amounts estimated to be needed for each program are as follows:
(a) Legislators
783,000 802,000
Under Minnesota Statutes, sections 3A.03, subdivision 2; 3A.04,
subdivisions 3 and 4; and 3A.115.
Journal
of the House - 66th Day - Monday, May 23, 2005 - Top of Page 4813
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
(b) Constitutional Officers 393,000 403,000
Under Minnesota Statutes, sections 352C.031, subdivision 5; 352C.04,
subdivision 3; and 352C.09, subdivision 2.
If an appropriation in this section for either year is insufficient,
the appropriation for the other year is available for it.
Sec. 23. MINNEAPOLIS EMPLOYEES RETIREMENT FUND
8,065,000 8,065,000
The amounts estimated to be needed under Minnesota Statutes, section
422A.101, subdivision 3.
Sec. 24. MINNEAPOLIS TEACHERS RETIREMENT FUND 15,800,000 15,800,000
The amounts estimated to be needed are as follows:
(a) Special direct state aid to first class city
teachers retirement funds
13,300,000
13,300,000
Authorized under Minnesota Statutes, section 354A.12, subdivisions 3a
and 3c.
(b) Special direct state matching aid to Minneapolis Teachers
Retirement Fund
2,500,000
2,500,000
Authorized under Minnesota Statutes, section 354A.12, subdivision 3b.
Sec. 25. ST. PAUL TEACHERS RETIREMENT FUND
2,967,000 2,967,000
The amounts estimated to be needed for special direct state aid to
first class city teachers retirement funds authorized under Minnesota Statutes,
section 354A.12, subdivisions 3a and 3c.
Sec. 26. AMATEUR SPORTS COMMISSION
300,000 206,000
Sec. 27. COUNCIL ON BLACK MINNESOTANS 278,000 278,000
Sec. 28. COUNCIL ON CHICANO/LATINO AFFAIRS
271,000 271,000
Sec. 29. COUNCIL ON ASIAN-PACIFIC MINNESOTANS 239,000 240,000
Journal
of the House - 66th Day - Monday, May 23, 2005 - Top of Page 4814
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
Sec. 30. INDIAN AFFAIRS COUNCIL
475,000 475,000
Sec. 31. GENERAL CONTINGENT ACCOUNTS
1,000,000 500,000
Summary by Fund
General
500,000 -0-
State
Government Special Revenue 400,000 400,000
Workers'
Compensation
100,000 100,000
The appropriations in this
section may only be spent with the approval of the governor after consultation
with the Legislative Advisory Commission pursuant to Minnesota Statutes,
section 3.30.
If an appropriation in this
section for either year is insufficient, the appropriation for the other year
is available for it.
If a contingent account
appropriation is made in one fiscal year, it should be considered a biennial
appropriation.
Sec. 32. RACING COMMISSION APPROPRIATION
$156,000 in fiscal year 2005
is appropriated to the Minnesota Racing Commission from the special revenue
fund. $113,000 of this amount is from the interim license fee authorized by
Laws 2003, First Special Session chapter 1, article 2, section 69, to defray
the regulatory oversight and legal costs associated with the class A license
approved by the commission on January 19, 2005. Any unexpended portion of this
appropriation remains available in fiscal year 2006.
[EFFECTIVE
DATE.] This section is effective the day following final enactment.
Sec. 33. DEPARTMENT OF PUBLIC SAFETY
246,000 196,000
These appropriations are for
the costs of issuing the "Support Our Troops" license plates. These
appropriations are from the vehicle services operating account in the special
revenue fund.
Journal of the House - 66th
Day - Monday, May 23, 2005 - Top of Page 4815
ARTICLE 2
STATE GOVERNMENT OPERATIONS
Section 1. [5.31] [STATEWIDE VOTER
REGISTRATION SYSTEM.]
The secretary of state may sell
intellectual property rights associated with the statewide voter registration
system to other states or to units of local government in other states.
Receipts from the sale must be deposited in the state treasury and credited to
the Help America Vote Act account.
Sec. 2. [6.755] [REPORTS TO THE
LEGISLATURE.]
Section 3.195 applies to the state
auditor. For purposes of determining whether members or employees of the
legislature wish to receive reports or publications prepared by the state
auditor, the state auditor may send a brief listing of reports to each member.
The state auditor must deliver reports or publications to the legislature
electronically whenever it is cost effective.
[EFFECTIVE
DATE.] This section is effective the day following final enactment.
Sec. 3. [6.79] [STATE MANDATES.]
A county, town, school district, or
statutory or home rule charter city may file a written resolution with the
state auditor objecting to a state mandate or making recommendations for
reforming a state mandate. The state auditor must list on the state auditor's
Web site a list of all state mandates cited in a resolution under this section,
and the name of the unit of local government citing the mandate.
Sec. 4. [6.80] [RULE AND LAW WAIVER
REQUESTS.]
Subdivision 1. [GENERALLY.] (a)
Except as provided in paragraph (b), a local government unit may request the
state auditor to grant a waiver from one or more administrative rules or a
temporary, limited exemption from enforcement of state procedural laws
governing delivery of services by the local government unit. Two or more local
government units may submit a joint application for a waiver or exemption under
this section if they propose to cooperate in providing a service or program
that is subject to the rule or law. Before submitting an application to the
state auditor, the governing body of the local government unit must approve, in
concept, the proposed waiver or exemption at a meeting required to be public
under chapter 13D. A local government unit or two or more units acting jointly
may apply for a waiver or exemption on behalf of a nonprofit organization
providing services to clients whose costs are paid by the unit or units. A
waiver or exemption granted to a nonprofit organization under this section
applies to services provided to all the organization's clients.
(b) A school district that is granted a
variance from rules of the commissioner of education under section 122A.163,
need not apply for a waiver of those rules under this section. A school
district may not seek a waiver of rules under this section if the commissioner
of education has authority to grant a variance to the rules under section
122A.163. This paragraph does not preclude a school district from being
included in a cooperative effort with another local government unit under this
section.
(c) Before petitioning the state
auditor's office for an exemption from an administrative rule, the petitioner
must have requested and been denied such an exemption from the appropriate
agency pursuant to sections 14.055 and 14.056.
Journal of the House - 66th
Day - Monday, May 23, 2005 - Top of Page 4816
Subd. 2. [APPLICATION.] A
local government unit requesting a waiver of a rule or exemption from
enforcement of a law under this section shall present a written application to
the state auditor. The application must include:
(1) the name and address of the entity
for whom a waiver of a rule or exemption from enforcement of a law is being
requested;
(2) identification of the service or
program at issue;
(3) identification of the
administrative rule or the law imposing a procedural requirement with respect
to which the waiver or exemption is sought;
(4) a description of the improved
service outcome sought, including an explanation of the effect of the waiver or
exemption in accomplishing that outcome, and why that outcome cannot be
accomplished under established rules or laws;
(5) information on the state auditor's
office treatment on similar cases;
(6) the name, address, and telephone
number of any person, business, or other government unit the petitioner knows
would be adversely affected by the grant of the petition; and
(7) a signed statement as to the
accuracy of the facts presented.
A copy of
the application must be provided by the requesting local government unit to the
exclusive representative certified under section 179A.12 to represent employees
who provide the service or program affected by the requested waiver or
exemption.
Subd. 3. [REVIEW PROCESS.] (a)
Upon receipt of an application from a local government unit, the state auditor
shall review the application. The state auditor shall dismiss an application if
the application proposes a waiver of rules or exemption from enforcement of
laws that would result in due process violations, violations of federal law or
the state or federal constitution, or the loss of services to people who are
entitled to them.
(b) The state auditor shall determine
whether a law from which an exemption for enforcement is sought is a procedural
law, specifying how a local government unit is to achieve an outcome, rather
than a substantive law prescribing the outcome or otherwise establishing
policy. For the purposes of this section, "procedural law" does not
include a statutory notice requirement. In making the determination, the state
auditor shall consider whether the law specifies such requirements as:
(1) who must deliver a service;
(2) where the service must be
delivered;
(3) to whom and in what form reports
regarding the service must be made; and
(4) how long or how often the service
must be made available to a given recipient.
(c) If the application requests a
waiver of a rule or temporary, limited exemptions from enforcement of a
procedural law over which the Metropolitan Council or a metropolitan agency has
jurisdiction, the state auditor shall also transmit a copy of the application
to the council or applicable metropolitan agency, whichever has jurisdiction,
for review and comment. The council or agency shall report its comments to the
board within 60 days of the date the application was transmitted to the council
or agency. The council or agency may point out any resources or technical
assistance it may be able to provide a local government unit submitting a
request under this section.
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(d) Within 15 days after
receipt of the application, the state auditor shall transmit a copy of it to
the commissioner of each agency having jurisdiction over a rule or law from
which a waiver or exemption is sought. The agency may mail a notice that it has
received an application for a waiver or exemption to all persons who have
registered with the agency under section 14.14, subdivision 1a, identifying the
rule or law from which a waiver or exemption is requested. If no agency has
jurisdiction over the rule or law, the state auditor shall transmit a copy of
the application to the attorney general. The agency shall inform the state
auditor of its agreement with or objection to and grounds for objection to the
waiver or exemption request within 60 days of the date when the application was
transmitted to it. An agency's failure to do so is considered agreement to the
waiver or exemption. The state auditor shall decide whether to grant a waiver
or exemption at the end of the 60-day response period. Interested persons may
submit written comments to the state auditor on the waiver or exemption request
up to the end of the 60-day response period.
(e) If the exclusive representative of
the affected employees of the requesting local government unit objects to the
waiver or exemption request it may inform the state auditor of the objection to
and the grounds for the objection to the waiver or exemption request within 60
days of the receipt of the application.
Subd. 4. [HEARING.] If a state
agency under subdivision 3, paragraph (d), or the exclusive representative of
the affected employees under subdivision 3, paragraph (e), has objected to a
waiver or exemption request, the state auditor's office shall set a date for a
hearing on the applications. The hearing must be conducted informally at a time
and place determined by all parties. Persons representing the local government
unit shall present their case for the waiver or exemption, and persons
representing the agency or the exclusive representative of the affected
employees shall explain their objection to it. The state auditor may request
additional information from the local government unit or either objecting
party. The state auditor may also request, either before or at the hearing,
information or comments from representatives of business, labor, local
governments, state agencies, consultants, and members of the public. If
necessary, the hearing may be continued for a later date. The state auditor may
modify the terms of the waiver or exemption request in arriving at the
agreement required under subdivision 5.
Subd. 5. [CONDITIONS OF
AGREEMENTS.] (a) In determining whether to grant a petition for a waiver of
a rule or exemption from enforcement of a law, the state auditor should
consider the following factors:
(1) whether there is a true and unique
impediment under current law to accomplishing the goal of the local government
unit;
(2) granting the waiver of a rule or
exemption from enforcement of law will only change procedural requirements of a
local government unit;
(3) the purpose of any rule or law that
is waived is still being met in another manner;
(4) granting the proposed waiver of a
rule or exemption from enforcement of a law would result in a more efficient
means of providing government services; and
(5) granting the proposed waiver will
not have a significant negative impact on other state government, local
government units, businesses, or citizens.
(b) If the state auditor grants a
request for a waiver or exemption, the state auditor and the local government
unit shall enter into an agreement providing for the delivery of the service or
program that is the subject of the application. The agreement must specify
desired outcomes, the reasons why the desired outcomes cannot be met under
current laws or rules, and the means of measurement by which the state auditor
will determine whether the outcomes specified in the agreement have been met.
The agreement must specify the duration of the waiver or exemption. The
duration of a waiver from an administrative rule may be for no less than two
years and no more than four years, subject to renewal if both parties agree. An
exemption from enforcement of a law terminates ten days after adjournment of
the regular legislative session held during the calendar year following the
year when the exemption is granted, unless the legislature has acted to extend
or make permanent the exemption.
Journal of the House - 66th
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(c) The state auditor must
report any grants of waivers or exemptions to the legislature, including the
chairs of the governmental operations and appropriate policy committees in the
house and senate, and the governor within 30 days.
(d) The state auditor may reconsider or
renegotiate the agreement if the rule or law affected by the waiver or
exemption is amended or repealed during the term of the original agreement. A
waiver of a rule under this section has the effect of a variance granted by an
agency under section 14.055. A local unit of government that is granted an
exemption from enforcement of a procedural requirement in state law under this
section is exempt from that law for the duration of the exemption. The state
auditor may require periodic reports from the local government unit, or conduct
investigations of the service or program.
Subd. 6. [ENFORCEMENT.] If the
state auditor finds that the local government unit is failing to comply with
the terms of the agreement under subdivision 5, the state auditor may rescind
the agreement. Upon the rescission, the local unit of government becomes
subject to the rules and laws covered by the agreement.
Subd. 7. [ACCESS TO DATA.] If a
local government unit, through a cooperative program under this section, gains
access to data collected, created, received, or maintained by another local
government that is classified as not public, the unit gaining access is
governed by the same restrictions on access to and use of the data as the unit
that collected, created, received, or maintained the data.
Sec. 5. [8.065] [PRIVATE ATTORNEY
CONTRACTS.]
The attorney general may not enter into
a contract for legal services in which the fees and expenses paid by the state
exceed, or can reasonably be expected to exceed, $1,000,000 unless the attorney
general first submits the proposed contract to the Legislative Advisory
Commission, and waits at least 20 days to receive a possible recommendation
from the commission.
Sec. 6. [10.60] [PUBLIC WEB SITES AND
PUBLICATIONS.]
Subdivision 1. [DEFINITIONS.] For
purposes of this section:
(1) "political subdivision"
means a county, statutory or home rule charter city, town, school district, or
other municipal corporation, and the Metropolitan Council and a metropolitan or
regional agency;
(2) "publication" means a
document printed with public money by an elected or appointed official of a
state agency or political subdivision that is intended to be distributed
publicly outside of the state agency or political subdivision;
(3) "state agency" means an
entity in the executive, judicial, or legislative branch of state government;
and
(4) "Web site" means a site
maintained on the World Wide Web that is available for unrestricted public
access and that is maintained with public money by an elected or appointed
official of a state agency or political subdivision.
Subd. 2. [PURPOSE OF WEB SITE AND
PUBLICATIONS.] The purpose of a Web site and a publication must be to
provide information about the duties and jurisdiction of a state agency or
political subdivision or to facilitate access to public services and
information related to the responsibilities or functions of the state agency or
political subdivision.
Journal of the House - 66th
Day - Monday, May 23, 2005 - Top of Page 4819
Subd. 3. [PROHIBITIONS.] (a)
A Web site or publication must not include pictures or other materials that
tend to attribute the Web site or publication to an individual or group of
individuals instead of to a public office, state agency, or political
subdivision. A publication must not include the words "with the
compliments of" or contain letters of personal greeting that promote an
elected or appointed official of a state agency or political subdivision.
(b) A Web site may not contain a link
to a Weblog or site maintained by a candidate, a political committee, a
political party or party unit, a principal campaign committee, or a state
committee. Terms used in this paragraph have the meanings given them in chapter
10A, except that "candidate" also includes a candidate for an elected
office of a political subdivision.
Subd. 4. [PERMITTED MATERIAL.] (a)
Material specified in this subdivision may be included on a Web site or in a
publication, but only if the material complies with subdivision 2. This
subdivision is not a comprehensive list of material that may be contained on a
Web site or in a publication, if the material complies with subdivision 2.
(b) A Web site or publication may
include biographical information about an elected or appointed official, a
single official photograph of the official, and photographs of the official
performing functions related to the office. There is no limitation on
photographs, Webcasts, archives of Webcasts, and audio or video files that
facilitate access to information or services or inform the public about the
duties and obligations of the office or that are intended to promote trade or
tourism. A state Web site or publication may include photographs or information
involving civic or charitable work done by the governor's spouse, provided that
these activities relate to the functions of the governor's office.
(c) A Web site or publication may
include press releases, proposals, policy positions, and other information
directly related to the legal functions, duties, and jurisdiction of a public
official or organization.
Subd. 5. [OTHER STANDARDS.] This
section does not prohibit a state agency or political subdivision from adopting
more restrictive standards for the content of a Web site or publication
maintained by the agency or political subdivision.
Subd. 6. [ENFORCEMENT.] Violation
of this section is not a crime and is not subject to civil penalty.
[EFFECTIVE
DATE.] This section is effective for state agencies July 1, 2005. This
section is effective for political subdivisions July 1, 2006.
Sec. 7. Minnesota Statutes 2004, section
11A.24, subdivision 6, is amended to read:
Subd. 6. [OTHER INVESTMENTS.] (a) In
addition to the investments authorized in subdivisions 1 to 5, and subject to
the provisions in paragraph (b), the state board may invest funds in:
(1) venture capital investment businesses
through participation in limited partnerships, trusts, private placements,
limited liability corporations, limited liability companies, limited liability
partnerships, and corporations;
(2) real estate ownership interests or
loans secured by mortgages or deeds of trust or shares of real estate
investment trusts through investment in limited partnerships, bank sponsored collective
funds, trusts, mortgage participation agreements, and insurance company
commingled accounts, including separate accounts;
(3) regional and mutual funds through bank
sponsored collective funds and open-end investment companies registered under the
Federal Investment Company Act of 1940, and closed-end mutual funds listed on
an exchange regulated by a governmental agency;
Journal of the House - 66th
Day - Monday, May 23, 2005 - Top of Page 4820
(4) resource investments through
limited partnerships, trusts, private placements, limited liability
corporations, limited liability companies, limited liability partnerships, and
corporations; and
(5) international securities.
(b) The investments authorized in paragraph (a) must conform to
the following provisions:
(1) the aggregate value of all investments made according to
paragraph (a), clauses (1) to (4), may not exceed 35 percent of the market
value of the fund for which the state board is investing;
(2) there must be at least four unrelated owners of the
investment other than the state board for investments made under paragraph (a),
clause (1), (2), (3), or (4);
(3) state board participation in an investment vehicle is
limited to 20 percent thereof for investments made under paragraph (a), clause
(1), (2), (3), or (4); and
(4) state board participation in a limited partnership does not
include a general partnership interest or other interest involving general liability.
The state board may not engage in any activity as a limited partner which
creates general liability.
(c) All financial, business, or proprietary data collected,
created, received, or maintained by the state board in connection with
investments authorized by paragraph (a), clause (1), (2), or (4), are nonpublic
data under section 13.02, subdivision 9. As used in this paragraph,
"financial, business, or proprietary data" means data, as determined
by the responsible authority for the state board, that is of a financial,
business, or proprietary nature, the release of which could cause competitive
harm to the state board, the legal entity in which the state board has invested
or has considered an investment, the managing entity of an investment, or a
portfolio company in which the legal entity holds an interest. As used in this
section, "business data" is data described in section 13.591,
subdivision 1. Regardless of whether they could be considered financial,
business, or proprietary data, the following data received, prepared, used, or
retained by the state board in connection with investments authorized by
paragraph (a), clause (1), (2), or (4), are public at all times:
(1) the name and industry group classification of the legal entity
in which the state board has invested or in which the state board has
considered an investment;
(2) the state board commitment amount, if any;
(3) the funded amount of the state board's commitment to
date, if any;
(4) the market value of the investment by the state board;
(5) the state board's internal rate of return for the
investment, including expenditures and receipts used in the calculation of the
investment's internal rate of return; and
(6) the age of the investment in years.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 8. Minnesota Statutes 2004, section 13.635, is amended by
adding a subdivision to read:
Subd. 1a. [STATE BOARD OF INVESTMENT.] Certain
government data of the State Board of Investment related to investments are
classified under section 11A.24, subdivision 6.
Journal of the House - 66th
Day - Monday, May 23, 2005 - Top of Page 4821
Sec. 9. [14.127] [LEGISLATIVE
APPROVAL REQUIRED.]
Subdivision 1. [COST THRESHOLDS.] An
agency must determine if the cost of complying with a proposed rule in the
first year after the rule takes effect will exceed $25,000 for: (1) any one
business that has less than 50 full-time employees; or (2) any one statutory or
home rule charter city that has less than ten full-time employees. For purposes
of this section, "business" means a business entity organized for
profit or as a nonprofit, and includes an individual, partnership, corporation,
joint venture, association, or cooperative.
Subd. 2. [AGENCY DETERMINATION.] An
agency must make the determination required by subdivision 1 before the close
of the hearing record, or before the agency submits the record to the
administrative law judge if there is no hearing. The administrative law judge
must review and approve or disapprove the agency determination under this
section.
Subd. 3. [LEGISLATIVE APPROVAL
REQUIRED.] If the agency determines that the cost exceeds the threshold in
subdivision 1, or if the administrative law judge disapproves the agency's
determination that the cost does not exceed the threshold in subdivision 1, any
business that has less than 50 full-time employees or any statutory or home
rule charter city that has less than ten full-time employees may file a written
statement with the agency claiming a temporary exemption from the rules. Upon
filing of such a statement with the agency, the rules do not apply to that
business or that city until the rules are approved by a law enacted after the
agency determination or administrative law judge disapproval.
Subd. 4. [EXCEPTIONS.] (a)
Subdivision 3 does not apply if the administrative law judge approves an
agency's determination that the legislature has appropriated money to
sufficiently fund the expected cost of the rule upon the business or city
proposed to be regulated by the rule.
(b) Subdivision 3 does not apply if the
administrative law judge approves an agency's determination that the rule has
been proposed pursuant to a specific federal statutory or regulatory mandate.
(c) This section does not apply if the
rule is adopted under section 14.388 or under another law specifying that the
rulemaking procedures of this chapter do not apply.
(d) This section does not apply to a
rule adopted by the Public Utilities Commission.
(e) Subdivision 3 does not apply if the
governor waives application of subdivision 3. The governor may issue a waiver
at any time, either before or after the rule would take effect, but for the
requirement of legislative approval. As soon as possible after issuing a waiver
under this paragraph, the governor must send notice of the waiver to the
speaker of the house of representatives and the president of the senate and
must publish notice of this determination in the State Register.
Subd. 5. [SEVERABILITY.] If an
administrative law judge determines that part of a proposed rule exceeds the
threshold specified in subdivision 1, but that a severable portion of a
proposed rule does not exceed the threshold in subdivision 1, the
administrative law judge may provide that the severable portion of the rule
that does not exceed the threshold may take effect without legislative
approval.
[EFFECTIVE
DATE.] This section is effective July 1, 2005. This section applies to
any rule for which the hearing record has not closed before July 1, 2005, or,
if there is no public hearing, for which the agency has not submitted the
record to the administrative law judge before that date.
Journal of the House - 66th
Day - Monday, May 23, 2005 - Top of Page 4822
Sec. 10. Minnesota Statutes
2004, section 14.19, is amended to read:
14.19 [DEADLINE TO COMPLETE RULEMAKING.]
Within 180 days after issuance of the administrative law
judge's report or that of the chief administrative law judge, the agency shall
submit its notice of adoption, amendment, or repeal to the State Register for
publication. If the agency has not submitted its notice to the State Register
within 180 days, the rule is automatically withdrawn. The agency may not adopt
the withdrawn rules without again following the procedures of sections 14.05 to
14.28, with the exception of section 14.101, if the noncompliance is approved
by the chief administrative law judge. The agency shall report to the
Legislative Coordinating Commission, other appropriate committees of the
legislature, and the governor its failure to adopt rules and the reasons for that
failure. The 180-day time limit of this section does not include:
(1) any days used for review by the chief administrative law
judge or the commission if the review is required by law; or
(2) days during which the rule cannot be adopted, because of
votes by legislative committees under section 14.126; or
(3) days during which the rule cannot be adopted because
approval of the legislature is required under section 14.127.
Sec. 11. Minnesota Statutes 2004, section 15.054, is amended to
read:
15.054 [PUBLIC EMPLOYEES NOT TO PURCHASE MERCHANDISE FROM
GOVERNMENTAL AGENCIES; EXCEPTIONS; PENALTY.]
No officer or employee of the state or any of its political
subdivisions shall sell or procure for sale or possess or control for sale to
any other officer or employee of the state or subdivision, as appropriate, any
property or materials owned by the state or subdivision except pursuant to
conditions provided in this section. Property or materials owned by the state
or a subdivision and not needed for public purposes, may be sold to an employee
of the state or subdivision after reasonable public notice at a public auction
or by sealed response, if the employee is not directly involved in the auction
or process pertaining to the administration and collection of sealed responses.
Requirements for reasonable public notice may be prescribed by other law or
ordinance so long as at least one week's published notice is specified. An
employee of the state or a political subdivision may purchase no more than one
motor vehicle from the state in any 12-month period at any one
auction. A person violating the provisions of this section is guilty of a
misdemeanor. This section shall not apply to the sale of property or materials
acquired or produced by the state or subdivision for sale to the general public
in the ordinary course of business. Nothing in this section shall prohibit an
employee of the state or a political subdivision from selling or possessing for
sale public property if the sale or possession for sale is in the ordinary
course of business or normal course of the employee's duties.
Sec. 12. [15.60] [PUBLIC SAFETY OFFICERS; AMERICAN FLAG.]
(a) A public employer may not forbid a peace officer or
firefighter from wearing a patch or pin depicting the flag of the United States
of America on the employee's uniform, according to customary and standard flag
etiquette. However, a public employer may limit the size of a flag patch worn
on a uniform to no more than three inches by five inches.
(b) For purposes of this section:
(1) "peace officer" has the meaning given in
section 626.84, subdivision 1, paragraph (c) or (f);
Journal of the House - 66th
Day - Monday, May 23, 2005 - Top of Page 4823
(2) "firefighter"
means a person as defined in section 299A.41, subdivision 4, clause (3) or (4);
and
(3) "public employer" has the
meaning given in section 179A.03, subdivision 15, and also includes a municipal
fire department and an independent nonprofit firefighting corporation.
(c) A peace officer or firefighter who
believes a public employer is violating this section may request the attorney
general to issue an opinion on the issue. Upon request, the attorney general
must issue a written opinion, which is binding, unless a court makes a contrary
decision. If after issuing an opinion, the attorney general determines that a
public employer continues to violate this section, the attorney general may
bring an action in district court to compel compliance.
Sec. 13. Minnesota Statutes 2004, section
16A.103, is amended by adding a subdivision to read:
Subd. 4. [REPORT ON EXPENDITURE
INCREASES.] By January 10 of an odd-numbered year, the commissioner of
finance must report on those programs or components of programs for which
expenditures for the next biennium according to the forecast issued the
previous November are projected to increase more than 15 percent over the
expenditures for that program in the current biennium. The report must include
an analysis of the factors that are causing the increases in expenditures.
Sec. 14. Minnesota Statutes 2004, section
16A.1286, subdivision 3, is amended to read:
Subd. 3. [APPROPRIATION.] Money
transferred into the account is appropriated to the commissioner to pay for
statewide systems services during the biennium in which it is appropriated.
Sec. 15. Minnesota Statutes 2004, section
16A.151, subdivision 2, is amended to read:
Subd. 2. [EXCEPTIONS.] (a) If a state
official litigates or settles a matter on behalf of specific injured persons or
entities, this section does not prohibit distribution of money to the specific
injured persons or entities on whose behalf the litigation or settlement
efforts were initiated. If money recovered on behalf of injured persons or
entities cannot reasonably be distributed to those persons or entities because
they cannot readily be located or identified or because the cost of
distributing the money would outweigh the benefit to the persons or entities,
the money must be paid into the general fund.
(b) Money recovered on behalf of a fund in
the state treasury other than the general fund may be deposited in that fund.
(c) This section does not prohibit a state
official from distributing money to a person or entity other than the state in
litigation or potential litigation in which the state is a defendant or
potential defendant.
(d) State agencies may accept funds as
directed by a federal court for any restitution or monetary penalty under
United States Code, title 18, section 3663(a)(3) or United States Code, title
18, section 3663A(a)(3). Funds received must be deposited in a special revenue
account and are appropriated to the commissioner of the agency for the purpose
as directed by the federal court.
(e) Subdivision 1 does not apply to a
recovery or settlement of less than $750,000.
Journal of the House - 66th
Day - Monday, May 23, 2005 - Top of Page 4824
Sec. 16. Minnesota Statutes
2004, section 16A.152, subdivision 2, is amended to read:
Subd. 2. [ADDITIONAL REVENUES; PRIORITY.] (a) If on the basis
of a forecast of general fund revenues and expenditures, the commissioner of
finance determines that there will be a positive unrestricted budgetary general
fund balance at the close of the biennium, the commissioner of finance must
allocate money to the following accounts and purposes in priority order:
(1) the cash flow account established in subdivision 1 until
that account reaches $350,000,000;
(2) the budget reserve account established in subdivision 1a
until that account reaches $653,000,000;
(3) the amount necessary to increase the aid payment schedule
for school district aids and credits payments in section 127A.45 to not more
than 90 percent rounded to the nearest tenth of a percent without exceeding
the amount available and with any remaining funds deposited in the budget
reserve; and
(4) the amount necessary to restore all or a portion of the net
aid reductions under section 127A.441 and to reduce the property tax revenue
recognition shift under section 123B.75, subdivision 5, paragraph (c), and Laws
2003, First Special Session chapter 9, article 5, section 34, as amended by
Laws 2003, First Special Session chapter 23, section 20, by the same amount.
(b) The amounts necessary to meet the requirements of this
section are appropriated from the general fund within two weeks after the
forecast is released or, in the case of transfers under paragraph (a), clauses
(3) and (4), as necessary to meet the appropriations schedules otherwise
established in statute.
(c) To the extent that a positive unrestricted budgetary
general fund balance is projected, appropriations under this section must be
made before any transfer is made under section 16A.1522 takes effect.
(d) The commissioner of finance shall certify the total dollar
amount of the reductions under paragraph (a), clauses (3) and (4), to the
commissioner of education. The commissioner of education shall increase the aid
payment percentage and reduce the property tax shift percentage by these
amounts and apply those reductions to the current fiscal year and thereafter.
Sec. 17. Minnesota Statutes 2004, section 16A.1522, subdivision
1, is amended to read:
Subdivision 1. [FORECAST.] If, on the basis of a forecast of
general fund revenues and expenditures in November of an even-numbered year or
February of an odd-numbered year, the commissioner projects a positive
unrestricted budgetary general fund balance at the close of the biennium that
exceeds one-half of one percent of total general fund biennial revenues, the
commissioner shall designate the entire balance as available for rebate to the
taxpayers of this state. In forecasting, projecting, or designating the
unrestricted budgetary general fund balance or general fund biennial revenue
under this section, the commissioner shall not include any balance or revenue
attributable to settlement payments received after July 1, 1998, and before
July 1, 2001, as defined in Section IIB of the settlement document, filed May
18, 1998, in State v. Philip Morris, Inc., No. C1-94-8565 (Minnesota District
Court, Second Judicial District).
Sec. 18. Minnesota Statutes 2004, section 16A.281, is amended
to read:
16A.281 [APPROPRIATIONS TO LEGISLATURE.]
Except as provided in this section,
section 16A.28 applies to appropriations made to the legislature, the senate,
the house of representatives, or its committees or commissions. An
appropriation made to the legislature, the senate, the house of
representatives, or a legislative commission or committee other than a standing
committee, if not spent
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during the first
year, may be spent during the second year of a biennium. An unexpended balance
not carried forward and remaining unexpended and unencumbered at the end of a
biennium lapses and shall be returned to the fund from which appropriated.
Balances may be carried forward into the next biennium and credited to special accounts
to be used only as follows: (1) for nonrecurring expenditures on investments
that enhance efficiency or improve effectiveness; (2) to pay expenses
associated with special sessions, interim activities, public hearings,
or other public outreach efforts and related activities; and (3) to pay
severance costs of involuntary terminations. The approval of the commissioner
of finance under section 16A.28, subdivision 2, does not apply to the
legislature. An appropriation made to the legislature, the senate, the house of
representatives, or a standing committee for all or part of a biennium may be
spent in either year of the biennium.
Sec. 19. [16B.296] [TRANSFER OF REAL
PROPERTY.]
Notwithstanding any law to the
contrary, real property purchased in whole or in part with state funds may not
be transferred for less than the appraised value, or if the property has not
been appraised, for less than the fair market value as determined by the
commissioner of administration. This section does not apply to a department
listed in section 15.01, the Minnesota State Colleges and Universities, the
University of Minnesota, or a political subdivision of the state.
Sec. 20. Minnesota Statutes 2004, section
16B.33, subdivision 4, is amended to read:
Subd. 4. [DESIGNER SELECTION PROCESS.] (a)
[PUBLICITY.] Upon receipt of a request from a user agency for a primary
designer, the board shall publicize the proposed project in order to determine
the identity of designers interested in the design work on the project. The board
shall establish criteria for the selection process and make this information
public, and shall compile data on and conduct interviews of designers. The
board's selection criteria must include consideration of each interested
designer's performance on previous projects for the state or any other person.
Upon completing the process, the board shall select the primary designer and
shall state its reasons in writing. If the board's vote for the selection of
a primary designer results in a tie vote, the nonvoting member appointed under
subdivision 2, paragraph (b), must vote for the selection of the primary
designer. Notification to the commissioner of the selection shall be made
not more than 60 days after receipt from a user agency of a request for a
primary designer. The commissioner shall promptly notify the designer and the
user agency. The commissioner shall negotiate the designer's fee and prepare
the contract to be entered into between the designer and the user agency.
(b) [CONFLICT OF INTEREST.] A board member
may not participate in the review, discussion, or selection of a designer or
firm in which the member has a financial interest.
(c) [SELECTION BY COMMISSIONER.] In the
event the board receives a request for a primary designer on a project, the
estimated cost of which is less than the limit established by subdivision 3, or
a planning project with estimated fees of less than the limit established by
subdivision 3, the board may submit the request to the commissioner of
administration, with or without recommendations, and the commissioner shall
thereupon select the primary designer for the project.
(d) [SECOND SELECTION.] If the designer
selected for a project declines the appointment or is unable to reach agreement
with the commissioner on the fee or the terms of the contract, the commissioner
shall, within 60 days after the first appointment, request the board to make
another selection.
(e) [SIXTY DAYS TO SELECT.] If the board
fails to make a selection and forward its recommendation to the commissioner
within 60 days of the user agency's request for a designer, the commissioner
may appoint a designer to the project without the recommendation of the board.
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(f) [LESS THAN SATISFACTORY
PERFORMANCE.] The commissioner, or the University of Minnesota and the
Minnesota State Colleges and Universities for projects under their supervision,
shall forward to the board a written report describing each instance in which
the performance of a designer selected by the board or the commissioner has
been less than satisfactory. Criteria for determining satisfaction include the
ability of the designer to complete design work on time, to provide a design
responsive to program needs within the constraints of the budget, to solve
design problems and achieve a design consistent with the proposed function of
the building, to avoid costly design errors or omissions, and to observe the
construction work. These reports are public data and are available for
inspection under section 13.03.
Sec. 21. [16C.064] [COST-BENEFIT
ANALYSIS.]
(a) The commissioner or an agency
official to whom the commissioner has delegated duties under section 16C.03,
subdivision 16, may not approve a contract or purchase of goods or services in
an amount greater than $50,000,000 unless a cost-benefit analysis has been
completed and shows a positive benefit to the public. The Management Analysis Division
must perform or direct the performance of the analysis. Money appropriated for
the contract or purchase must be used to pay for the analysis. A cost-benefit
analysis must be performed for a project if an aggregation of contracts or
purchases for a project exceeds $50,000,000.
(b) All cost-benefit analysis documents
under this section, including preliminary drafts and notes, are public data.
(c) If a cost-benefit analysis does not
show a positive benefit to the public, the governor may approve a contract or
purchase of goods or services if a cost-effectiveness study had been done that
shows the proposed project is the most effective way to provide a necessary
public good.
(d) This section applies to contracts
for goods or services that are expected to have a useful life of more than
three years. This section does not apply for purchase of goods or services for
response to a natural disaster if an emergency has been declared by the
governor. This section does not apply to contracts involving the Minnesota
state colleges and universities, state buildings, or state highways.
(e) This section is repealed effective
July 1, 2008.
Sec. 22. Minnesota Statutes 2004, section
16C.10, subdivision 7, is amended to read:
Subd. 7. [REVERSE AUCTION.] (a) For the
purpose of this subdivision, "reverse auction" means a purchasing
process in which vendors compete to provide goods or engineering design
or computer services at the lowest selling price in an open and interactive
environment.
(b) The provisions of sections 13.591,
subdivision 3, and 16C.06, subdivision 2, do not apply when the commissioner
determines that a reverse auction is the appropriate purchasing process.
Sec. 23. [16C.143] [ENERGY FORWARD PRICING
MECHANISMS.]
Subdivision 1. [DEFINITIONS.] The
following definitions apply in this section:
(1) "energy" means natural
gas, heating oil, propane, and any other energy source except electricity used
in state facilities; and
(2) "forward pricing
mechanism" means a contract or financial instrument that obligates a state
agency to buy or sell a specified quantity of energy at a future date at a set
price.
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Subd. 2. [AUTHORITY.] Notwithstanding
any other law to the contrary, the commissioner may use forward pricing
mechanisms for budget risk reduction.
Subd. 3. [CONDITIONS.] Forward pricing mechanism
transactions must be made only under the following conditions:
(1) the quantity of energy affected by the forward pricing
mechanism must not exceed 90 percent of the estimated energy use for the state
agency for the same period, which shall not exceed 24 months; and
(2) a separate account must be established for each state
agency using a forward pricing mechanism.
Subd. 4. [WRITTEN POLICIES AND PROCEDURES.] Before
exercising the authority under this section, the commissioner must develop
written policies and procedures governing the use of forward pricing
mechanisms.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 24. Minnesota Statutes 2004, section 16C.144, is amended
to read:
16C.144 [GUARANTEED ENERGY SAVINGS CONTRACTS PROGRAM.]
Subdivision 1. [DEFINITIONS.] The following definitions apply
to this section.
(a) "Utility" means electricity, natural gas, or
other energy resource, water, and wastewater.
(b) "Utility cost savings" means the difference
between the utility costs under the precontract conditions and the
utility costs after the changes have been made under the contract. Such
savings shall be calculated in comparison to an established baseline of utility
costs installation of the utility cost-savings measures pursuant to the
guaranteed energy savings agreement and the baseline utility costs after
baseline adjustments have been made.
(c) "Established baseline" means the precontract
utilities, operations, and maintenance costs.
(d) "Baseline" means the preagreement
utilities, operations, and maintenance costs.
(d) "Utility cost-savings measure" means a
measure that produces utility cost savings and/or or operation
and maintenance cost savings.
(e) "Operation and maintenance cost savings" means a
measurable decrease in difference between operation and maintenance
costs after the installation of the utility cost-savings measures pursuant to
the guaranteed energy savings agreement and the baseline operation and
maintenance costs that is a direct result of the implementation of one or
more utility cost-savings measures but does after inflation adjustments
have been made. Operation and maintenance costs savings shall not include
savings from in-house staff labor. Such savings shall be calculated in
comparison to an established baseline of operation and maintenance costs.
(f) "Guaranteed energy savings contract agreement"
means a contract an agreement for the evaluation,
recommendation, and installation of one or more utility cost-savings
measures that includes the qualified provider's guarantee as required under
subdivision 2. The contract must provide that all payments are to be
made over time but not to exceed ten years from the date of final installation,
and the savings are guaranteed to the extent necessary to make payments for the
utility cost-savings measures.
(g) "Baseline adjustments" means adjusting the established
utility cost savings baselines in paragraphs (b) and (d) annually
for changes in the following variables:
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(1) utility rates;
(2) number of days in the utility billing
cycle;
(3) square footage of the facility;
(4) operational schedule of the facility;
(5) facility temperature set points;
(6) weather; and
(7) amount of equipment or lighting
utilized in the facility.
(h) "Inflation adjustment"
means adjusting the operation and maintenance cost-savings baseline annually
for inflation.
(i) "Lease purchase contract
agreement" means a contract an agreement obligating
the state to make regular lease payments to satisfy the lease costs of the
utility cost-savings measures until the final payment, after which time the
utility cost-savings measures become the sole property of the state of
Minnesota.
(i) (j) "Qualified
provider" means a person or business experienced in the design,
implementation, and installation of utility cost-savings measures.
(j) (k) "Engineering
report" means a report prepared by a professional engineer licensed by the
state of Minnesota summarizing estimates of all costs of installations,
modifications, or remodeling, including costs of design, engineering,
installation, maintenance, repairs, and estimates of the amounts by which
utility and operation and maintenance costs will be reduced.
(k) (l) "Capital cost
avoidance" means money expended by a state agency to pay for utility
cost-savings measures with a guaranteed savings contract agreement
so long as the measures that are being implemented to achieve the utility,
operation, and maintenance cost savings are a significant portion of an
overall project as determined by the commissioner.
(l) (m) "Guaranteed energy
savings contracting program guidelines" means policies,
procedures, and requirements of guaranteed savings contracts agreements
established by the Department of Administration upon enacting this
legislation.
Subd. 2. [GUARANTEED ENERGY SAVINGS
CONTRACT AGREEMENT.] The commissioner may enter into a guaranteed
energy savings contract agreement with a qualified
provider if:
(1) the qualified provider is selected
through a competitive process in accordance with the guaranteed energy
savings contracting program guidelines within the Department of
Administration;
(2) the qualified provider agrees to
submit an engineering report prior to the execution of the guaranteed energy
savings contract agreement. The cost of the engineering report may be
considered as part of the implementation costs if the commissioner enters into
a guaranteed energy savings agreement with the provider;
(3) the term of the guaranteed energy
savings agreement shall not exceed 15 years from the date of final
installation;
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(4) the commissioner
finds that the amount it would spend on the utility cost-savings measures
recommended in the engineering report will not exceed the amount to be saved in
utility operation and maintenance costs over ten 15 years from
the date of implementation of utility cost-savings measures;
(4) (5) the qualified
provider provides a written guarantee that the annual utility,
operation, and maintenance cost savings during the term of the guaranteed
energy savings agreement will meet or exceed the costs of the guaranteed
savings contract annual payments due under a lease purchase agreement.
The qualified provider shall reimburse the state for any shortfall of
guaranteed utility, operation, and maintenance cost savings; and
(5) (6) the qualified
provider gives a sufficient bond in accordance with section 574.26 to the
commissioner for the faithful implementation and installation of the utility
cost-savings measures.
Subd. 3. [LEASE PURCHASE CONTRACT AGREEMENT.]
The commissioner may enter into a lease purchase agreement with any party for
the implementation of utility cost-savings measures in accordance with an
engineering report the guaranteed energy savings agreement. The
implementation costs of the utility cost-savings measures recommended in the
engineering report shall not exceed the amount to be saved in utility and
operation and maintenance costs over the term of the lease purchase agreement.
The term of the lease purchase agreement shall not exceed ten 15
years from the date of final installation. The lease is assignable in
accordance with terms approved by the commissioner of finance.
Subd. 4. [USE OF CAPITAL COST AVOIDANCE.]
The affected state agency may contribute funds for capital cost avoidance for
guaranteed energy savings contracts agreements. Use of
capital cost avoidance is subject to the guaranteed energy savings contracting
program guidelines within the Department of Administration.
Subd. 5. [REPORT.] By January 15 of
2005 and, 2007, the commissioner of administration shall submit to
the commissioner of finance and the chairs of the senate and house of
representatives capital investment committees a list of projects in the agency
that have been funded using guaranteed energy savings, as outlined in this section,
during the preceding biennium. For each guaranteed energy savings contract
agreement entered into, the commissioner of administration shall
contract with an independent third party to evaluate the cost-effectiveness of
each utility cost-savings measure implemented to ensure that such measures were
the least-cost measures available. For the purposes of this section,
"independent third party" means an entity not affiliated with the
qualified provider, that is not involved in creating or providing conservation
project services to that provider, and that has expertise (or access to
expertise) in energy savings practices.
Subd. 6. [CONTRACT LIMITS.] Contracts
may not be entered into after June 30, 2007.
[EFFECTIVE
DATE.] This section is effective the day following final enactment.
Sec. 25. Minnesota Statutes 2004, section
16C.16, subdivision 1, is amended to read:
Subdivision 1. [SMALL BUSINESS
PROCUREMENTS.] (a) The commissioner shall for each fiscal year ensure
that small businesses receive at least 25 percent of the value of anticipated
total state procurement of goods and services, including printing and
construction. The commissioner shall divide the procurements so designated into
contract award units of economically feasible production runs in order to
facilitate offers or bids from small businesses.
(b) The commissioner must solicit and
encourage Minnesota small businesses to submit responses or bids when the
commissioner is entering into master contracts. If cost-effective, when
entering into a master contract, the commissioner must attempt to negotiate
contract terms that allow agencies the option of purchasing from small
businesses, particularly small businesses that are geographically proximate to
the entity making the purchase.
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(c) In making the annual
designation of such procurements the commissioner shall attempt (1) to vary the
included procurements so that a variety of goods and services produced by
different small businesses are obtained each year, and (2) to designate small
business procurements in a manner that will encourage proportional distribution
of such awards among the geographical regions of the state. To promote the
geographical distribution of awards, the commissioner may designate a portion
of the small business procurement for award to bidders from a specified
congressional district or other geographical region specified by the
commissioner. The failure of the commissioner to designate particular
procurements shall not be deemed to prohibit or discourage small businesses
from seeking the procurement award through the normal process.
Sec. 26. [16C.231] [SURPLUS PROPERTY.]
Notwithstanding section 15.054 or 16C.23, the commissioner
may sell a surplus gun used by a state trooper to the trooper who used the gun
in the course of employment. The sale price must be the fair market value of
the gun, as determined by the commissioner.
Sec. 27. Minnesota Statutes 2004, section 16C.26, subdivision
3, is amended to read:
Subd. 3. [PUBLICATION OF NOTICE; EXPENDITURES OVER $15,000
$25,000.] If the amount of an expenditure is estimated to exceed $15,000
$25,000, sealed bids must be solicited by public notice inserted
at least once in a newspaper or trade journal not less than seven days before
the final date of submitting bids in a manner designated by the
commissioner. The commissioner shall designate the newspaper or trade
journal for that publication and may designate different newspapers or journals
according to the nature of the purchase or contract. To the extent
practical, this must include posting on a state Web site. For expenditures over
$50,000, the commissioner shall also solicit sealed bids by sending
providing notices by mail to all prospective bidders known to the
commissioner and by posting notice on a public bulletin board in the
commissioner's office a state Web site at least five seven
days before the final date of submitting bids. All bids over $50,000
must be sealed when they are received and must be opened in public at the hour
stated in the notice. All original bids and all documents pertaining to the
award of a contract must be retained and made a part of a permanent file or
record and remain open to public inspection.
Sec. 28. Minnesota Statutes 2004, section 16C.26, subdivision
4, is amended to read:
Subd. 4. [BUILDING AND CONSTRUCTION CONTRACTS; $15,000 $50,000
OR LESS.] All contracts, the amount of which is estimated to be $15,000 or
less, may be made either upon competitive bids or in the open market, in the
discretion of the commissioner. So far as practicable, however, they must be
based on at least three competitive bids which must be permanently recorded.
An informal bid may be used for building, construction, and repair contracts
that are estimated at less than $50,000. Informal bids must be authenticated by
the bidder in a manner specified by the commissioner.
Sec. 29. Minnesota Statutes 2004, section 16C.28, subdivision
2, is amended to read:
Subd. 2. [ALTERATIONS AND ERASURES.] A bid containing an
alteration or erasure of any price contained in the bid which is used in
determining the lowest responsible bid must be rejected unless the alteration
or erasure is corrected under this subdivision in a manner that is
clear and authenticated by an authorized representative of the responder.
An alteration or erasure may be crossed out and the correction printed in ink
or typewritten adjacent to it and initialed in ink by the person signing the
bid by an authorized representative of the responder.
Sec. 30. [168.1298] [SPECIAL "SUPPORT OUR TROOPS"
LICENSE PLATES.]
Subdivision 1. [GENERAL REQUIREMENTS AND PROCEDURES.] (a)
The commissioner shall issue special "Support Our Troops" license
plates to an applicant who:
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(1) is an owner of a
passenger automobile, one-ton pickup truck, recreational vehicle, or
motorcycle;
(2) pays a fee of $10 to cover the
costs of handling and manufacturing the plates;
(3) pays the registration tax required
under section 168.013;
(4) pays the fees required under this
chapter;
(5) contributes a minimum of $30
annually to the Minnesota "Support Our Troops" account established in
section 190.19; and
(6) complies with laws and rules
governing registration and licensing of vehicles and drivers.
(b) The license application under this
section must indicate that the annual contribution specified under paragraph
(a), clause (5), is a minimum contribution to receive the plates and that the
applicant may make an additional contribution to the account.
Subd. 2. [DESIGN.] After
consultation with interested groups, the adjutant general and the commissioner
of veterans affairs shall design the special plate, subject to the approval of
the commissioner.
Subd. 3. [NO REFUND.] Contributions
under this section must not be refunded.
Subd. 4. [PLATE TRANSFERS.] Notwithstanding
section 168.12, subdivision 1, on payment of a transfer fee of $5, plates
issued under this section may be transferred to another passenger automobile,
one-ton pickup truck, recreational vehicle, or motorcycle owned by the
individual to whom the special plates were issued.
Subd. 5. [CONTRIBUTION AND FEES
CREDITED.] Contributions under subdivision 1, paragraph (a), clause (5),
must be paid to the commissioner and credited to the Minnesota "Support
Our Troops" account established in section 190.19. The fees collected
under this section must be deposited in the vehicle services operating account
in the special revenue fund.
Subd. 6. [RECORD.] The commissioner
shall maintain a record of the number of plates issued under this section.
Sec. 31. [190.19] [MINNESOTA "SUPPORT
OUR TROOPS" ACCOUNT.]
Subdivision 1. [ESTABLISHMENT.] The
Minnesota "Support Our Troops" account is established in the special
revenue fund. The account shall consist of contributions from private sources
and appropriations.
Subd. 2. [USES.] (a) Money
appropriated from the Minnesota "Support Our Troops" account may be
used for:
(1) grants directly to eligible
individuals;
(2) grants to one or more eligible
foundations for the purpose of making grants to eligible individuals, as
provided in this section; or
(3) veterans' services.
(b) The term, "eligible
individual" includes any person who is:
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(1) a member of the Minnesota
National Guard or a reserve unit based in Minnesota who has been called to
active service as defined in section 190.05, subdivision 5;
(2) a Minnesota resident who is a
member of a military reserve unit not based in Minnesota, if the member is
called to active service as defined in section 190.05, subdivision 5;
(3) any other Minnesota resident
performing active service for any branch of the military of the United States;
and
(4) members of the immediate family of
an individual identified in clause (1), (2), or (3). For purposes of this
clause, "immediate family" means the individual's spouse and minor
children and, if they are dependents of the member of the military, the
member's parents, grandparents, siblings, stepchildren, and adult children.
(c) The term "eligible
foundation" includes any organization that:
(1) is a tax-exempt organization under
section 501(c)(3) of the Internal Revenue Code;
(2) has articles of incorporation under
chapter 317A specifying the purpose of the organization as including the
provision of financial assistance to members of the Minnesota National Guard
and other United States armed forces reserves and their families and survivors;
and
(3) agrees in writing to distribute any
grant money received from the adjutant general under this section to eligible
individuals as defined in this section and in accordance with any written
policies and rules the adjutant general may impose as conditions of the grant
to the foundation.
(d) The maximum grant awarded to an
eligible individual in a calendar year with funds from the Minnesota
"Support Our Troops" account, either through an eligible institution
or directly from the adjutant general, may not exceed $2,000.
Subd. 3. [ANNUAL REPORT.] The
adjutant general must report by February 1, 2007, and each year thereafter, to
the chairs and ranking minority members of the legislative committees and
divisions with jurisdiction over military and veterans' affairs on the number,
amounts, and use of grants made by the adjutant general from the Minnesota
"Support Our Troops" account in the previous year.
Sec. 32. Minnesota Statutes 2004, section
240A.03, subdivision 5, is amended to read:
Subd. 5. [EXEMPTION OF PROPERTY.] Real or
personal property acquired, owned, leased, controlled, used, or occupied by the
commission for the purposes of amateur sports facilities is declared to be
acquired, owned, leased, controlled, used, and occupied for public,
governmental, and municipal purposes, and is exempt from ad valorem taxation by
the state or any political subdivision of the state, provided that the
properties are subject to special assessments levied by a political subdivision
for a local improvement in amounts proportionate to and not exceeding the
special benefit received by the properties from the improvement. The
exemption from ad valorem taxation under this subdivision does not apply to
land that is leased by the commission to any entity, public or private. No
possible use of any of the properties in any manner different from their use
under sections 240A.01 to 240A.07 at the time may be considered in determining
the special benefit received by the properties. Assessments are subject to
confirmation by the commission, whose determination of the benefits is subject
to court review. Notwithstanding the provisions of section 272.01, subdivision
2, or 273.19, real or personal property leased by the commission to another
person for uses related to the purposes of sections 240A.01 to 240A.07 is
exempt from taxation regardless of the length of the lease.
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Sec. 33. Minnesota Statutes
2004, section 240A.03, is amended by adding a subdivision to read:
Subd. 16. [FINANCIAL REPORTS.] By
January 15 of each year, the commission must report to the chairs of the
legislative committees with jurisdiction over the commission and its finances
regarding the revenue received by the commission from leases in the previous
fiscal year. The report must detail revenue received from individual lessees
and costs incurred by the commission for maintenance and operation of the
leased property. The report must also estimate the revenue from leases for the
current and following fiscal years.
Sec. 34. [298.215] [IRON RANGE RESOURCES
AND REHABILITATION; EARLY SEPARATION INCENTIVE PROGRAM AUTHORIZATION.]
(a) Notwithstanding any law to the
contrary, the commissioner of iron range resources and rehabilitation, in
consultation with the commissioner of employee relations, may offer a targeted
early separation incentive program for employees of the commissioner who have
attained the age of 60 years and have at least five years of allowable service
credit under chapter 352, or who have received credit for at least 30 years of
allowable service under the provisions of chapter 352.
(b) The early separation incentive
program may include one or more of the following:
(1) employer-paid postseparation
health, medical, and dental insurance until age 65; and
(2) cash incentives that may, but are
not required to be, used to purchase additional years of service credit through
the Minnesota State Retirement System, to the extent that the purchases are
otherwise authorized by law.
(c) The commissioner of iron range
resources and rehabilitation shall establish eligibility requirements for
employees to receive an incentive.
(d) The commissioner of iron range
resources and rehabilitation, consistent with the established program
provisions under paragraph (b), and with the eligibility requirements under
paragraph (c), may designate specific programs or employees as eligible to be
offered the incentive program.
(e) Acceptance of the offered incentive
must be voluntary on the part of the employee and must be in writing. The
incentive may only be offered at the sole discretion of the commissioner of
iron range resources and rehabilitation.
(f) The cost of the incentive is
payable solely by funds made available to the commissioner of iron range
resources and rehabilitation by law, but only on prior approval of the
expenditures by a majority of the Iron Range Resources and Rehabilitation
Board.
(g) This section and section 298.216
are repealed June 30, 2006.
[EFFECTIVE
DATE.] This section is effective the day following final enactment.
Sec. 35. [298.216] [APPLICATION OF OTHER
LAWS.]
Unilateral implementation of section
298.215 by the commissioner of iron range resources and rehabilitation is not
an unfair labor practice under chapter 179A.
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Sec. 36. Minnesota Statutes
2004, section 349A.10, subdivision 3, is amended to read:
Subd. 3. [LOTTERY OPERATIONS.] (a) The
director shall establish a lottery operations account in the lottery fund. The
director shall pay all costs of operating the lottery, including payroll costs
or amounts transferred to the state treasury for payroll costs, but not
including lottery prizes, from the lottery operating account. The director
shall credit to the lottery operations account amounts sufficient to pay the
operating costs of the lottery.
(b) Except as provided in paragraph (e),
the director may not credit in any fiscal year thereafter amounts to the
lottery operations account which when totaled exceed 15 nine
percent of gross revenue to the lottery fund in that fiscal year. In computing
total amounts credited to the lottery operations account under this paragraph
the director shall disregard amounts transferred to or retained by lottery
retailers as sales commissions or other compensation.
(c) The director of the lottery may not
expend after July 1, 1991, more than 2-3/4 percent of gross revenues in a
fiscal year for contracts for the preparation, publication, and placement of
advertising.
(d) Except as the director determines, the
lottery is not subject to chapter 16A relating to budgeting, payroll, and the
purchase of goods and services.
(e) In addition to the amounts credited to
the lottery operations account under paragraph (b), the director is authorized,
if necessary, to meet the current obligations of the lottery and to credit up
to 25 percent of an amount equal to the average annual amount which was
authorized to be credited to the lottery operations account for the previous
three fiscal years but was not needed to meet the obligations of the lottery.
Sec. 37. Minnesota Statutes 2004, section
359.01, is amended by adding a subdivision to read:
Subd. 4. [APPLICATION.] The
secretary of state shall prepare the application form for a commission. The
form may request personal information about the applicant, including, but not
limited to, relevant civil litigation, occupational license history, and
criminal background, if any. For the purposes of this section, "criminal
background" includes, but is not limited to, criminal charges, arrests,
indictments, pleas, and convictions.
Sec. 38. [471.661] [OUT-OF-STATE TRAVEL.]
By January 1, 2006, the governing body
of each statutory or home rule charter city, county, school district, regional
agency, or other political subdivision, except a town, must develop a policy
that controls travel outside the state of Minnesota for the applicable elected
officials of the relevant unit of government. The policy must be approved by a
recorded vote and specify:
(1) when travel outside the state is
appropriate;
(2) applicable expense limits; and
(3) procedures for approval of the
travel.
The policy must be made available for
public inspection upon request and reviewed annually. Subsequent changes to the
policy must be approved by a recorded vote.
Sec. 39. [471.701] [SALARY DATA.]
A city or county with a population of
more than 15,000 must annually notify its residents of the positions and base
salaries of its three highest-paid employees. This notice may be provided on
the homepage of the primary Web site maintained by the political subdivision
for a period of not less than 90 consecutive days, in a publication of the
political subdivision that is distributed to all residents in the political
subdivision, or as part of the annual notice of proposed property taxes
prepared under section 275.065.
Journal of the House - 66th
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Sec. 40. Minnesota Statutes
2004, section 507.093, is amended to read:
507.093 [STANDARDS FOR DOCUMENTS TO BE
RECORDED OR FILED.]
(a) The following standards are imposed on
documents to be recorded with the county recorder or filed with the registrar
of titles:
(1) The document shall consist of one or
more individual sheets measuring no larger than 8.5 inches by 14 inches.
(2) The form of the document shall be
printed, typewritten, or computer generated in black ink and the form of the
document shall not be smaller than 8-point type.
(3) The document shall be on white paper
of not less than 20-pound weight with no background color, images, or writing
and shall have a clear border of approximately one-half inch on the top, bottom,
and each side.
(4) The first page of the document shall
contain a blank space at the top measuring three inches, as measured from the
top of the page. The right half to be used by the county recorder for recording
information or registrar of titles for filing information and the left half to
be used by the county auditor or treasurer for certification.
(5) The title of the document shall be
prominently displayed at the top of the first page below the blank space
referred to in clause (4).
(6) No additional sheet shall be attached
or affixed to a page that covers up any information or printed part of the
form.
(7) A document presented for recording or
filing must be sufficiently legible to reproduce a readable copy using the
county recorder's or registrar of title's current method of reproduction.
(b) The standards in this
paragraph (a) do not apply to a document that is recorded or filed as
part of a pilot project for the electronic filing of real estate documents
implemented by the task force created in Laws 2000, chapter 391, and
continued by standards established by the Electronic Real Estate Recording Task
Force created under section 507.094. A county that participated in the pilot
project for the electronic filing of real estate documents under the task force
created in Laws 2000, chapter 391, may continue to record or file documents
electronically, if:
(1) the county complies with standards
adopted by that task force; and
(2) the county uses software that was
validated by that task force.
(c) A county that did not participate
in the pilot project may record or file a real estate document electronically,
if:
(i) the document to be recorded or
filed is of a type included in the pilot project for the electronic filing of
real estate documents under the task force created in Laws 2000, chapter 391;
(ii) the county complies with the
standards adopted by the task force;
(iii) the county uses software that was
validated by the task force; and
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(iv) the task force created
under section 507.094 votes to accept a written certification of compliance
with paragraph (b), clause (2), of this section by the county board and county
recorder of the county to implement electronic filing under this section.
(b) The recording or filing fee for a document that does not
conform to the standards in paragraph (a) shall be increased as provided in
sections 357.18, subdivision 5; 508.82; and 508A.82.
(c) The recorder or registrar shall refund the recording or
filing fee to the applicant if the real estate documents are not filed or
registered within 30 days after receipt, or as otherwise provided by section
386.30.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 41. [507.094] [ELECTRONIC REAL ESTATE RECORDING TASK
FORCE.]
Subdivision 1. [CREATION; MEMBERSHIP.] (a) The
Electronic Real Estate Recording Task Force established under this section
shall continue the work of the task force established under Laws 2000, chapter
391, to implement and make recommendations for implementation of electronic
filing and recording of real estate documents.
(b) The task force consists of 17 members. The secretary of
state is a member and the chair of the task force and shall convene the first
meeting of the task force. Members who are appointed under this section shall
serve for a term of three years beginning July 1, 2005. The task force must
include:
(1) four county government officials appointed by the
Association of County Officers, including two county recorders, one county
auditor, and one county treasurer;
(2) two county board members appointed by the Association of
Minnesota Counties, including one board member from within the seven-county
metropolitan area and one board member from outside the seven-county
metropolitan area;
(3) seven members from the private sector recommended by
their industries and appointed by the governor, including representatives of:
(i) real estate attorneys, real estate agents;
(ii) mortgage companies, and other real estate lenders; and
(iii) technical and industry experts in electronic commerce
and electronic records management and preservation who are not vendors of real
estate related services to counties;
(4) a nonvoting representative selected by the Minnesota
Historical Society; and
(5) two representatives of title companies.
(c) The task force may refer items to subcommittees. The
chair shall recommend and the task force shall appoint the membership of a
subcommittee. An individual may be appointed to serve on a subcommittee without
serving on the task force.
Subd. 2. [STUDY AND RECOMMENDATIONS.] (a) The task
force shall continue the work of the task force created by Laws 2000, chapter
391, and make recommendations regarding implementation of a system for
electronic filing and recording of real estate documents and shall consider:
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(1) technology and computer
needs;
(2) legal issues such as authenticity, security, timing and
priority of recordings, and the relationship between electronic and paper
recorder systems;
(3) a timetable and plan for implementing electronic
recording, considering types of documents and entities using electronic
recording;
(4) permissive versus mandatory systems; and
(5) other relevant issues identified by the task force.
The task force shall review the Uniform Electronic Recording
Act as drafted by the National Conference of Commissioners on Uniform State
Laws and the Property Records Industry Association position statement on the
Uniform Real Property Electronic Recording Act and recommend alternative structures
for the permanent Commission on Electronic Real Estate Recording Standards.
(b) The task force may commence establishing standards for
the electronic recording of the remaining residential real estate deed and
mortgage documents and establish pilot projects to complete the testing and
functions of the task force established in Laws 2000, chapter 391, after
considering national standards from the Mortgage Industry Standards Maintenance
Organization, the Property Records Industry Association, or other recognized
national groups.
(c) The task force shall submit a report to the legislature
by January 15 of each year during its existence reporting on the progress
toward the goals provided in this subdivision.
Subd. 3. [DONATIONS; REIMBURSEMENT.] The task force
may accept donations of money or resources, including loaned employees or other
services. The donations are appropriated to the task force and must be under
the sole control of the task force.
Subd. 4. [EXPIRATION.] This section expires June 30,
2008.
[EFFECTIVE DATE.] This
section is effective July 1, 2005.
Sec. 42. Minnesota Statutes 2004, section 507.24, subdivision
2, is amended to read:
Subd. 2. [ORIGINAL SIGNATURES REQUIRED.] (a) Unless
otherwise provided by law, an instrument affecting real estate that is to be
recorded as provided in this section or other applicable law must contain the
original signatures of the parties who execute it and of the notary public or
other officer taking an acknowledgment. However, a financing statement that is
recorded as a filing pursuant to section 336.9-502(b) need not contain: (1) the
signatures of the debtor or the secured party; or (2) an acknowledgment.
(b) Any electronic instruments, including signatures and
seals, affecting real estate may only be recorded as part of a pilot project
for the electronic filing of real estate documents implemented by the task
force created in Laws 2000, chapter 391., or by the Electronic Real
Estate Recording Task Force created under section 507.094. A county that
participated in the pilot project for the electronic filing of real estate
documents under the task force created in Laws 2000, chapter 391, may continue
to record or file documents electronically, if:
(1) the county complies with standards adopted by the task
force; and
(2) the county uses software that was validated by the task
force.
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A county that
did not participate in the pilot project may record or file a real estate
document electronically, if:
(i) the document to be recorded or
filed is of a type included in the pilot project for the electronic filing of
real estate documents under the task force created in Laws 2000, chapter 391;
(ii) the county complies with the
standards adopted by the task force;
(iii) the county uses software that was
validated by the task force; and
(iv) the task force created under
section 507.094, votes to accept a written certification of compliance with
paragraph (b), clause (2), of this section by the county board and county
recorder of the county to implement electronic filing under this section.
(c) Notices filed pursuant to
section 168A.141, subdivisions 1 and 3, need not contain an acknowledgment.
[EFFECTIVE
DATE.] This section is effective the day following final enactment.
Sec. 43. Laws 1998, chapter 404, section
15, subdivision 2, as amended by Laws 2005, chapter 20, article 1, section 40,
is amended to read:
Subd. 2. National Sports Center
4,800,000
$1,700,000 is to purchase and develop land adjacent to the
National Sports Center in Blaine for use as athletic fields.
$3,100,000 is to develop the National Children's Golf Course.
The primary purpose of the National Children's Golf Course is to serve youth of
18 years and younger. Market rates must be charged for adult golf.
The Minnesota Amateur Sports Commission may lease up to 20
percent of the area of the land purchased with money from the general fund
appropriations in this subdivision for a term of up to 30 years to one or more
governmental or private entities for any use by the lessee, whether public or
private, so long as the use provides some benefit to amateur sports. The
commission must submit proposed leases for the land described in this
subdivision to the chairs of the legislative committees with jurisdiction over
state government policy and finance for review at least 30 days before the
leases may be entered into by the commission. Up to $300,000 of lease
payments received by the commission are each fiscal year is
appropriated to the commission for the purposes specified in Minnesota
Statutes, chapter 240A. The land purchased from the general fund appropriations
may be used for any amateur sport.
[EFFECTIVE
DATE.] This section is effective retroactively on the effective date of
Laws 2005, chapter 20, article 1, section 40.
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Day - Monday, May 23, 2005 - Top of Page 4839
Sec. 44. [BUILDING LEASE.]
Notwithstanding any provision of
Minnesota Statutes, section 16B.24, or other law or rule to the contrary, the
commissioner of administration may, without approval of the State Executive
Council, enter into a lease of up to ten years with a private tenant for use of
the state-owned building at 168 Aurora Avenue in the city of St. Paul as a
child care and after-school activity facility. If leased to a faith-based
organization, the program may not promote any particular faith and must operate
in a nondiscriminatory manner.
[EFFECTIVE
DATE.] This section is effective the day following final enactment.
Sec. 45. [SALE OF STATE LAND.]
Subdivision 1. [STATE LAND SALES.] The
commissioner of administration shall coordinate with the head of each
department or agency having control of state-owned land to identify and sell at
least $6,440,000 of state-owned land. Sales should be completed according to
law and as provided in this section as soon as practicable but no later than
June 30, 2007. Notwithstanding Minnesota Statutes, sections 16B.281 and
16B.282, 94.09 and 94.10, or any other law to the contrary, the commissioner
may offer land for public sale by only providing notice of lands or an offer of
sale of lands to state departments or agencies, the University of Minnesota,
cities, counties, towns, school districts, or other public entities.
Subd. 2. [ANTICIPATED SAVINGS.] Notwithstanding
Minnesota Statutes, section 94.16, subdivision 3, or other law to the contrary,
the amount of the proceeds from the sale of land under this section that
exceeds the actual expenses of selling the land must be deposited in the
general fund, except as otherwise provided by the commissioner of finance.
Notwithstanding Minnesota Statutes, section 94.11 or 16B.283, the commissioner
of finance may establish the timing of payments for land purchased under this
section. If the total of all money deposited into the general fund from the
proceeds of the sale of land under this section is anticipated to be less than
$6,440,000, the governor must allocate the amount of the difference as
reductions to general fund operating expenditures for other executive agencies
for the biennium ending June 30, 2007.
Subd. 3. [SALE OF STATE LANDS
REVOLVING LOAN FUND.] $290,000 is appropriated from the general fund in
fiscal year 2006 to the commissioner of administration for purposes of paying
the actual expenses of selling state-owned lands to achieve the anticipated
savings required in this section. From the gross proceeds of land sales under
this section, the commissioner of administration must cancel the amount of the
appropriation in this subdivision to the general fund by June 30, 2007.
Sec. 46. [FORD BUILDING.]
The Ford Building at 117 University
Avenue in St. Paul may not be demolished during the biennium ending June 30,
2007. By January 15, 2006, the commissioner of administration, in consultation
with interested legislators, private sector real estate professionals, historic
preservation specialists, and representatives of the city of St. Paul,
neighboring property, and St. Paul neighborhood associations, must report to
the legislature with recommendations regarding potential means of preserving
and using the Ford Building. The report must include:
(1) availability of potential lessees for
the building;
(2) constraints on leasing the
building, including the requirement to pay off any state general obligation
bonds previously used in maintaining or rehabilitating the building; and
(3) the cost of restoring and
rehabilitating the building, and the feasibility of various means of paying
these costs, including potential use of revenue bonds.
[EFFECTIVE
DATE.] This section is effective the day following final enactment.
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Sec. 47. [STATE HEALTH CARE
PURCHASING AUTHORITY.]
Subdivision 1. [PURCHASING
AUTHORITY CREATED.] By December 15, 2005, the commissioner of employee
relations, in consultation with the commissioners of health, human services,
labor and industry, corrections, commerce, and administration and the Minnesota
Comprehensive Health Association board of directors, may enter into interagency
agreements regarding the formation of the Minnesota Health Care Purchasing
Authority for the purpose of implementing a unified strategy and joint
purchasing of health care services for the state of Minnesota. The strategy
shall include implementing a process that examines the health care purchasing
decisions and coverage in terms of cost and medical efficacy based on reliable
research evidence to ensure access to appropriate and necessary health care. By
December 15, 2005, the commissioners shall submit to the legislature a report
and draft legislation for the creation of the purchasing authority responsible
for all state purchasing of health care.
Subd. 2. [PRINCIPLES OF STATE
PURCHASING.] The purchasing authority shall prepare and submit to the
governor and legislature an annual report and plan for the unified purchasing
of health care services. The plan must:
(1) promote personal choice and
responsibility;
(2) encourage and promote better health
of patients and residents of the state;
(3) provide incentives to privately
based health plans and health care delivery systems to improve efficiency and
quality;
(4) use community standards and
measurement methods for determining the value of specific health care services
based on quality and performance; and
(5) separate the health care purchasing
functions of state government from those activities relating to regulation and
delivery of services, but require consistent use of uniform quality and
performance standards and methods for purchasing, regulation, and delivery of
health care services.
Subd. 3. [PURCHASING AND COVERAGE
GUIDELINES.] The purchasing authority shall convene a panel of health care
policy experts and health care providers to establish a process to select
evidence-based guidelines based on sound research evidence and implement an
integrated approach using these guidelines for purchasing decisions and
coverage design.
Subd. 4. [PUBLIC AND PRIVATE
PURCHASERS.] (a) The purchasing authority shall prepare and submit to the
governor and legislature by December 15, 2005, a plan for permitting public
employers, including school districts, cities, counties, and other governmental
entities, to purchase a secure benefit set with the state purchasing authority.
The secure benefit set must include the services described under subdivision 6.
(b) Notwithstanding any laws to the
contrary, the commissioner of employee relations may expand the range of health
coverage options available to purchase under the public employees insurance
program established under Minnesota Statutes, section 43A.316, including the
option to purchase the secure benefit set as defined under subdivision 6. Under
this option, public employers may purchase health coverage for their employees
through the public employees insurance program beginning July 1, 2006.
(c) The purchasing authority shall
include in the plan described in paragraph (a) recommendations for:
(1) a process for permitting nursing
homes and other long-term care providers to purchase the secure benefit set
with the assistance of the state health care purchasing authority as part of a
separate risk pool; and
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(2) a process for permitting
individuals to purchase the secure benefit set as part of a separate risk pool
through the state health care purchasing authority beginning January 1, 2009.
Subd. 5. [COORDINATION AND COMMON
STANDARDS FOR STATE PURCHASING AND REGULATION.] The purchasing authority, in
consultation with all state agencies, boards, and commissioners that have
responsibility for purchasing or for regulating individuals and organizations
that provide health coverage or deliver health care services, shall prepare and
submit to the governor and legislature by December 15, 2005, a report and draft
legislation that will:
(1) require all state purchasing and
regulatory requirements to use common standards and measurement methods for
quality and performance; and
(2) provide for the coordination of
health care purchasing strategies and activities administered by the state,
including, but not limited to, the state employees group insurance plan, the
public employees insurance program, purchasing activities for public and
private employers and individuals established under subdivision 4, and health
care programs administered by the commissioner of human services or the
commissioner of health.
Subd. 6. [SECURE BENEFIT SET
DEVELOPMENT.] The purchasing authority, in consultation with a panel of
health care policy experts, shall define a secure benefit set that includes
coverage for preventive health services, as specified in preventive services
guidelines for children and adults developed by the Institute for Clinical
Systems Improvement, prescription drug coverage, and catastrophic coverage.
Nothing in this section authorizes the purchasing authority to change the
benefits covered by the medical assistance, MinnesotaCare, or general
assistance medical care programs to the extent these benefits are specified in
state or federal law.
Subd. 7. [SPECIAL POPULATIONS.] In
developing a plan for the unified purchasing of health care services and a
secure benefit set, the purchasing authority must take into account the needs
of special populations, including, but not limited to, persons who are elderly
or disabled and persons with chronic conditions.
Subd. 8. [COST AND QUALITY
DISCLOSURE.] The purchasing authority, in cooperation with organizations
representing consumers, employers, physicians and other health professionals,
hospitals, long-term care facilities, health plan companies, quality
improvement organizations, research and education institutions, and other appropriate
constituencies, shall identify and contract with a private, nonprofit
organization to serve as a statewide source of comparative information on
health care costs and quality.
Sec. 48. [TRAINING SERVICES.]
During the biennium ending June 30, 2007,
state executive branch agencies must consider using services provided by
Government Training Services before contracting with other outside vendors for
similar services.
Sec. 49. [STUDY OF WATER AND SEWER
BILLING.]
The director of the Legislative
Coordinating Commission must provide administrative support to a working group
to study issues relating to collection of delinquent water and sewer bills from
owners, lessees, and occupants of rental property. The group consists of the
following members:
(1) two representatives of cities;
(2) two representatives of residential
rental property owners;
(3) one representative of tenants;
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(4) one legislator from the
majority caucus of the house of representatives appointed by the speaker, and
one legislator from the minority caucus of the house appointed by the minority
leader;
(5) one representative of the majority and minority caucuses
of the senate, appointed by the senate subcommittee on committees; and
(6) one public member appointed by the speaker of the house
of representatives and one public member appointed by the majority leader of the
senate.
Members specified in clauses (1) to (3) must be appointed
jointly by the speaker of the house of representatives and the majority leader
of the senate.
The working group must report findings and recommendations to
the legislature by January 15, 2006. This section expires on the day following
the date the working group submits its report.
Sec. 50. [PORTRAITS.]
The Capitol Area Architectural and Planning Board, in
consultation with the Minnesota Historical Society, must request the
Smithsonian Institution to extend the period during which the portraits of
Julia Finch Gilbert and Cass Gilbert are displayed in the Capitol building. In
negotiating an extension of the loan period, the board must request that the portraits
remain on display in the Capitol when they are not being publicly displayed
elsewhere, but must recognize that it is desirable for the portraits to be
displayed in other buildings designed by Cass Gilbert, in conjunction with
centennial celebrations for those buildings.
Sec. 51. [COYA KNUTSON MEMORIAL.]
The commissioner of administration shall establish a
memorial in the Capitol building honoring Coya Knutson. The commissioner, with
the assistance and approval of the Capitol Area Architectural and Planning
Board, shall select an appropriate site. The commissioner may accept donations
from nonstate sources for the memorial, and this money is appropriated to the
commissioner for purposes of the memorial.
Sec. 52. [REPEALER.]
(a) Minnesota Statutes 2004, sections 3.9222; 16A.151,
subdivision 5; 16A.30; and 16B.52, are repealed.
(b) Minnesota Statutes 2004, section 471.68, subdivision 3,
is repealed effective July 1, 2006.
ARTICLE 3
PUBLIC EMPLOYMENT
Section 1. Minnesota Statutes 2004, section 43A.23, subdivision
1, is amended to read:
Subdivision 1. [GENERAL.] The commissioner is authorized to
request bids from carriers or to negotiate with carriers and to enter
into contracts with carriers parties which in the judgment of the
commissioner are best qualified to underwrite and provide service
to the benefit plans. Contracts entered into with carriers are
not subject to the requirements of sections 16C.16 to 16C.19. The commissioner
may negotiate premium rates and coverage provisions with all carriers
licensed under chapters 62A, 62C, and 62D. The commissioner may also negotiate
reasonable restrictions to be applied to all carriers under chapters 62A, 62C,
and 62D. Contracts to underwrite the benefit plans must be bid or
negotiated separately from contracts to service the benefit plans, which may be
awarded only on the basis of competitive bids. The commissioner shall consider
the cost of the plans, conversion options
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Day - Monday, May 23, 2005 - Top of Page 4843
relating to the
contracts, service capabilities, character, financial position, and reputation
of the carriers, and any other factors which the commissioner deems
appropriate. Each benefit contract must be for a uniform term of at least one
year, but may be made automatically renewable from term to term in the absence
of notice of termination by either party. The commissioner shall, to the
extent feasible, make hospital and medical benefits available from at least one
carrier licensed to do business pursuant to each of chapters 62A, 62C, and 62D.
The commissioner need not provide health maintenance organization services to
an employee who resides in an area which is not served by a licensed health
maintenance organization. The commissioner may refuse to allow a health
maintenance organization to continue as a carrier. The commissioner may elect
not to offer all three types of carriers if there are no bids or no acceptable
bids by that type of carrier or if the offering of additional carriers would
result in substantial additional administrative costs. A carrier licensed
under chapter 62A is exempt from the taxes imposed by chapter 297I on premiums
paid to it by the state.
All self-insured hospital and medical service products must
comply with coverage mandates, data reporting, and consumer protection
requirements applicable to the licensed carrier administering the product, had
the product been insured, including chapters 62J, 62M, and 62Q. Any
self-insured products that limit coverage to a network of providers or provide
different levels of coverage between network and nonnetwork providers shall
comply with section 62D.123 and geographic access standards for health
maintenance organizations adopted by the commissioner of health in rule under
chapter 62D.
Sec. 2. [43A.346] [POSTRETIREMENT OPTION.]
Subdivision 1. [DEFINITION.] For purposes of this
section, "state employee" means a person currently occupying a civil
service position in the executive branch of state government, the Minnesota
State Retirement System, or the Office of the Legislative Auditor, or a person
employed by the Metropolitan Council.
Subd. 2. [ELIGIBILITY.] This section applies to a
state or Metropolitan Council employee who:
(1) for at least the five years immediately preceding
separation under clause (2), has been regularly scheduled to work 1,044 or more
hours per year in a position covered by a pension plan administered by the
Minnesota State Retirement System or the Public Employees Retirement
Association;
(2) terminates state or Metropolitan Council employment;
(3) at the time of termination under clause (2), meets the
age and service requirements necessary to receive an unreduced retirement
annuity from the plan and satisfies requirements for the commencement of the
retirement annuity or, for an employee under the unclassified employees
retirement plan, meets the age and service requirements necessary to receive an
unreduced retirement annuity from the plan and satisfies requirements for the
commencement of the retirement annuity or elects a lump-sum payment; and
(4) agrees to accept a postretirement option position with
the same or a different appointing authority, working a reduced schedule that
is both (i) a reduction of at least 25 percent from the employee's number of
regularly scheduled work hours; and (ii) 1,044 hours or less in state or
Metropolitan Council service.
Subd. 3. [UNCLASSIFIED SERVICE.] Notwithstanding any
law to the contrary, state postretirement option positions shall be in the
unclassified service but shall not be covered by the Minnesota State Retirement
System unclassified employees plan.
Subd. 4. [ANNUITY REDUCTION NOT APPLICABLE.] Notwithstanding
any law to the contrary, when an eligible state employee in a postretirement
option position under this section commences receipt of the annuity, the
provisions of section 352.115, subdivision 10, or 353.37 governing annuities of
reemployed annuitants, shall not apply for the duration of employment in the
position.
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Subd. 5. [APPOINTING
AUTHORITY DISCRETION.] The appointing authority has sole discretion to
determine if and the extent to which a postretirement option position under
this section is available to a state employee. Any offer of such a position
must be made in writing to the employee by the appointing authority on a form
prescribed by the Department of Employee Relations and the Minnesota State
Retirement System or the Public Employees Retirement Association. The appointing
authority may not require a person to waive any rights under a collective
bargaining agreement or unrepresented employee compensation plan as a condition
of participation.
Subd. 6. [DURATION.] Postretirement
option employment shall be for an initial period not to exceed one year. During
that period, the appointing authority may not modify the conditions specified
in the written offer without the employee's agreement, except as required by
law or by the collective bargaining agreement or compensation plan applicable
to the employee. At the end of the initial period, the appointing authority has
sole discretion to determine if the offer of a postretirement option position
will be renewed, renewed with modifications, or terminated. Postretirement
option employment may be renewed for periods of up to one year, not to exceed a
total duration of five years. No person shall be employed in one or a
combination of postretirement option positions under this section for a total
of more than five years.
Subd. 7. [COPY TO FUND.] The
appointing authority shall provide the Minnesota State Retirement System or the
Public Employees Retirement Association with a copy of the offer, the
employee's acceptance of the terms, and any subsequent renewal agreement.
Subd. 8. [NO SERVICE CREDIT.] Notwithstanding
any law to the contrary, a person may not earn service credit in the Minnesota
State Retirement System or the Public Employees Retirement Association for
employment covered under this section, and employer contributions and payroll
deductions for the retirement fund must not be made based on earnings of a
person working under this section. No change shall be made to a monthly annuity
or retirement allowance based on employment under this section.
Subd. 9. [INSURANCE CONTRIBUTION.] Notwithstanding
any law to the contrary, the appointing authority must make an employer
insurance contribution for a person who is employed in a postretirement option
position under this section and who is not receiving any other state-paid or
Metropolitan Council-paid employer insurance contribution. The amount of the
contribution must be equal to the percent time worked in the postretirement
option position (hours scheduled to be worked annually divided by 2,088) times 1.5
times the full employer contribution for employee-only health and dental
coverage. The appointing authority must contribute that amount to a health
reimbursement arrangement.
Subd. 10. [SUBSEQUENT EMPLOYMENT.] If
a person has been in a postretirement option position and accepts any other
position in state or Metropolitan Council-paid service, in the subsequent state
or Metropolitan Council-paid employment the person may not earn service credit
in the Minnesota State Retirement System or Public Employees Retirement
Association, no employer contributions or payroll deductions for the retirement
fund shall be made, and the provisions of section 352.115, subdivision 10, or
section 353.37, shall apply.
Sec. 3. [VOLUNTARY HOUR REDUCTION PLAN.]
(a) This section applies to a state
employee who:
(1) on the effective date of this
section is regularly scheduled to work 1,044 or more hours a year in a position
covered by a pension plan administered by the Minnesota state retirement
system; and
(2) enters into an agreement with the
appointing authority to work a reduced schedule of 1,044 hours or less in the
covered position.
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(b) Notwithstanding any law
to the contrary, for service under an agreement entered into under paragraph
(a), contributions may be made to the applicable plan of the Minnesota state
retirement system as if the employee had not reduced hours. The employee must
pay the additional employee contributions and the employer must pay the
additional employer contributions necessary to bring the service credit and
salary up to the level prior to the voluntary reduction in hours. Contributions
must be made in a time and manner prescribed by the executive director of the
Minnesota state retirement system.
(c) The amount of hours worked, the
work schedule, and the duration of the voluntary hour reduction must be
mutually agreed to by the employee and the appointing authority. The appointing
authority may not require a person to waive any rights under a collective
bargaining agreement as a condition of participation under this section. The
appointing authority has sole discretion to determine if and the extent to
which voluntary hour reduction under this section is available to an employee.
(d) A person who works under this
section is a member of the appropriate bargaining unit; is covered by the
appropriate collective bargaining contract or compensation plan; and is
eligible for health care coverage as provided in the collective bargaining
contract or compensation plan.
(e) An agreement under this section may
apply only to work through June 30, 2007.
Sec. 4. [VOLUNTARY UNPAID LEAVE OF
ABSENCE.]
(a) Appointing authorities in state
government may allow each employee to take unpaid leaves of absence for up to
1,040 hours between July 1, 2005, and June 30, 2007. Each appointing authority
approving such a leave shall allow the employee to continue accruing vacation
and sick leave, be eligible for paid holidays and insurance benefits, accrue
seniority, and, if payments are made under paragraph (b), accrue service credit
and credited salary in the state retirement plans as if the employee had
actually been employed during the time of leave. An employee covered by the
unclassified plan may voluntarily make the employee contributions to the
unclassified plan during the leave of absence. If the employee makes these
contributions, the appointing authority must make the employer contribution. If
the leave of absence is for one full pay period or longer, any holiday pay
shall be included in the first payroll warrant after return from the leave of
absence. The appointing authority shall attempt to grant requests for the
unpaid leaves of absence consistent with the need to continue efficient
operation of the agency. However, each appointing authority shall retain
discretion to grant or refuse to grant requests for leaves of absence and to
schedule and cancel leaves, subject to the applicable provisions of collective
bargaining agreements and compensation plans.
(b) To receive eligible service credit
and credited salary in a defined benefit plan, the member shall pay an amount
equal to the applicable employee contribution rates. If an employee pays the
employee contribution for the period of the leave under this section, the
appointing authority must pay the employer contribution. The appointing
authority may, at its discretion, pay the employee contributions. Contributions
must be made in a time and manner prescribed by the executive director of the
applicable pension plan.
[EFFECTIVE
DATE.] This section is effective the day following final enactment.
Sec. 5. [LABOR AGREEMENTS AND COMPENSATION
PLANS.]
Subdivision 1. [AMERICAN FEDERATION
OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES.] The arbitration award and labor
agreement between the state of Minnesota and the American Federation of State,
County, and Municipal Employees, unit 8, approved by the Legislative
Coordinating Commission Subcommittee on Employee Relations on June 14, 2004, is
ratified.
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Subd. 2. [MINNESOTA LAW
ENFORCEMENT ASSOCIATION; ARBITRATION AWARD.] The arbitration award between
the state of Minnesota and the Minnesota Law Enforcement Association, approved
by the Legislative Coordinating Commission Subcommittee on Employee Relations
on June 14, 2004, is ratified.
Subd. 3. [HIGHER EDUCATION SERVICES OFFICE; COMPENSATION
PLAN.] The compensation plan for unrepresented employees of the Higher
Education Services Office, approved by the Legislative Coordinating Commission
Subcommittee on Employee Relations on June 14, 2004, is ratified.
Subd. 4. [MINNESOTA LAW ENFORCEMENT ASSOCIATION;
BARGAINING AGREEMENT.] The collective bargaining agreement between the state
of Minnesota and the Minnesota Law Enforcement Association, submitted to the
Legislative Coordinating Commission Subcommittee on Employee Relations on
September 29, 2004, and implemented after 30 days on October 30, 2004, is
ratified.
Subd. 5. [INTER FACULTY ORGANIZATION.] The collective
bargaining agreement between the state of Minnesota and the Inter Faculty
Organization, submitted to the Legislative Coordinating Commission Subcommittee
on Employee Relations on September 29, 2004, and implemented after 30 days on
October 29, 2004, is ratified.
Subd. 6. [MINNESOTA NURSES ASSOCIATION.] The
arbitration award and the collective bargaining agreement between the state of
Minnesota and the Minnesota Nurses Association, approved by the Legislative
Coordinating Commission Subcommittee on Employee Relations on December 20,
2004, is ratified.
Subd. 7. [TEACHERS RETIREMENT ASSOCIATION.] The
proposal to increase the salary of the executive director of the Teachers
Retirement Association, as modified and approved by the Legislative
Coordinating Commission Subcommittee on Employee Relations on December 20,
2004, is ratified.
Subd. 8. [MINNESOTA STATE RETIREMENT SYSTEM.] The
proposal to increase the salary of the executive director of the Minnesota
State Retirement System, as modified and approved by the Legislative
Coordinating Commission Subcommittee on Employee Relations on December 20,
2004, is ratified.
Subd. 9. [PUBLIC EMPLOYEES RETIREMENT ASSOCIATION.] The
proposal to increase the salary of the executive director of the Public
Employees Retirement Association, as modified and approved by the Legislative
Coordinating Commission Subcommittee on Employee Relations on December 20,
2004, is ratified.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
ARTICLE 4
MILITARY AND VETERANS
Section 1. Minnesota Statutes 2004, section 190.16, is amended
by adding a subdivision to read:
Subd. 6a. [RENTAL OF CAMP RIPLEY FACILITIES.] The
adjutant general or the adjutant general's designee may rent buildings or other
facilities at Camp Ripley to persons under terms and conditions specified by
the adjutant general or designee. Subject to any prohibitions or restrictions
in any agreement between the United States and the state of Minnesota, proceeds
of rentals under this subdivision must be applied as follows:
(1) payment of increased utilities, maintenance, or other
costs directly attributable to the rental;
(2) other operating and maintenance or repair costs for the
building or facility being rented; and
(3) maintenance and improvement of buildings or other
facilities at Camp Ripley.
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Rentals under
this subdivision must be made under terms and conditions that do not conflict
with the use of Camp Ripley for military purposes.
Sec. 2. Minnesota Statutes 2004, section
192.19, is amended to read:
192.19 [RETIRED MEMBERS MAY BE ORDERED TO
ACTIVE DUTY.]
The commander-in-chief or the adjutant
general may assign officers, warrant officers, and enlisted personnel on the
retired list, with their consent, to temporary active service in recruiting,
upon courts-martial, courts of inquiry and boards, to staff duty not involving
service with troops, or in charge of a military reservation left temporarily
without officers. Such personnel while so assigned shall receive the full pay
and allowances of their grades at time of retirement, except that the
commander-in-chief or the adjutant general may authorize pay and allowances in
a higher grade when it is considered appropriate based on special skills or
experience of the person being assigned to temporary active service.
Sec. 3. Minnesota Statutes 2004, section
192.261, subdivision 2, is amended to read:
Subd. 2. [REINSTATEMENT.] Except as
otherwise hereinafter provided, upon the completion of such service such
officer or employee shall be reinstated in the public position, which was held
at the time of entry into such service, or a public position of like seniority,
status, and pay if such is available at the same salary which the officer or
employee would have received if the leave had not been taken, upon the
following conditions: (1) that the position has not been abolished or that the
term thereof, if limited, has not expired; (2) that the officer or employee is
not physically or mentally disabled from performing the duties of such
position; (3) that the officer or employee makes written application for
reinstatement to the appointing authority within 90 days after termination of
such service, or 90 days after discharge from hospitalization or medical
treatment which immediately follows the termination of, and results from, such
service; provided such application shall be made within one year and 90 days
after termination of such service notwithstanding such hospitalization or
medical treatment; (4) that the officer or employee submits an honorable discharge
or other form of release by proper authority indicating that the officer's or
employee's military or naval service was satisfactory. Upon such reinstatement
the officer or employee shall have the same rights with respect to accrued and
future seniority status, efficiency rating, vacation, sick leave, and other
benefits as if that officer or employee had been actually employed during the
time of such leave. The officer or employee reinstated under this section is
entitled to vacation and sick leave with pay as provided in any applicable
civil service rules, collective bargaining agreement, or compensation plan, and
accumulates vacation and sick leave from the time the person enters active
military service until the date of reinstatement without regard to any
otherwise applicable limits on civil service rules limiting the number of days
which may be accumulated. No officer or employee so reinstated shall be
removed or discharged within one year thereafter except for cause, after notice
and hearing; but this shall not operate to extend a term of service limited by
law.
[EFFECTIVE
DATE.] This section is effective the day following final enactment and
applies to any public officer or public employee serving in active military
service on or after September 11, 2001.
Sec. 4. Minnesota Statutes 2004, section
192.501, subdivision 2, is amended to read:
Subd. 2. [TUITION AND TEXTBOOK
REIMBURSEMENT GRANT PROGRAM.] (a) The adjutant general shall establish a
program to provide tuition and textbook reimbursement grants to eligible
members of the Minnesota National Guard within the limitations of this
subdivision.
(b) Eligibility is limited to a member of
the National Guard who:
(1) is serving satisfactorily as defined
by the adjutant general;
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(2) is attending a postsecondary
educational institution, as defined by section 136A.15, subdivision 6,
including a vocational or technical school operated or regulated by this state
or another state or province; and
(3) provides proof of satisfactory completion of coursework, as
defined by the adjutant general.
In addition, (c) Notwithstanding paragraph (b), clause
(1), for a person who:
(1) has satisfactorily completed the person's service
contract in the Minnesota National Guard or the portion of it involving
selective reserve status, for which any part of that service was spent serving
honorably in federal active service or federally funded state active service
since September 11, 2001, the person's eligibility is extended for a period of
two years, plus an amount of time equal to the duration of that person's active
service, subject to the credit hours limit in paragraph (g); or
(2) has served honorably in the Minnesota National Guard and
has been separated or discharged from that organization due to a
service-connected injury, disease, or disability, the eligibility period is
extended for eight years beyond the date of separation, subject to the credit
hours limit in paragraph (g).
(d) If a member of the Minnesota National Guard is
killed in the line of state active service or federally funded state active
service, as defined in section 190.05, subdivisions 5a and 5b, the
member's surviving spouse, and any surviving dependent who has not yet reached
24 years of age, is eligible for a tuition and textbook reimbursement grant,
with each eligible person independently subject to the credit hours limit in
paragraph (g).
(e) The adjutant general may, within the limitations of this
paragraph paragraphs (b) to (d) and other applicable laws, determine
additional eligibility criteria for the grant, and must specify the criteria in
department regulations and publish changes as necessary.
(c) (f) The amount of a tuition and textbook
reimbursement grant must be specified on a schedule as determined and published
in department regulations by the adjutant general, but is limited to a maximum
of an amount equal to the greater of:
(1) up to 100 percent of the cost of tuition for lower division
programs in the College of Liberal Arts at the Twin Cities campus of the
University of Minnesota in the most recent academic year; or
(2) up to 100 percent of the cost of tuition for the program in
which the person is enrolled at that Minnesota public institution, or if that
public institution is outside the state of Minnesota, for the cost of a
comparable program at the University of Minnesota, except that in the case of a
survivor as defined in paragraph (b) (d), the amount of the
tuition and textbook reimbursement grant for coursework satisfactorily
completed by the person is limited to 100 percent of the cost of tuition for
postsecondary courses at a Minnesota public educational institution.
Paragraph (g) Paragraphs (b) to (e)
notwithstanding, a person is no longer eligible for a grant under this
subdivision once the person has received grants under this subdivision for the
equivalent of 208 quarter credits or 144 semester credits of coursework.
(d) (h) Tuition and textbook reimbursement grants
received under this subdivision may not be considered by the Minnesota Higher
Education Services Office or by any other state board, commission, or entity in
determining a person's eligibility for a scholarship or grant-in-aid under
sections 136A.095 to 136A.1311.
(e) (i) If a member fails to complete a term of
enlistment during which a tuition and textbook reimbursement grant was paid,
the adjutant general may seek to recoup a prorated amount as determined by the
adjutant general. However, this authority does not apply to a person whose
separation from the Minnesota National Guard is due to a medical condition or
financial hardship.
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(j) For purposes of this
section, the terms "active service," "state active
service," "federally funded state active service," and "federal
active service" have the meanings given in section 190.05, subdivisions 5
to 5c, respectively, except that for purposes of paragraph (c), clause (1),
these terms exclude service performed exclusively for purposes of:
(1) basic combat training, advanced
individual training, annual training, and periodic inactive duty training;
(2) special training periodically made
available to reserve members;
(3) service performed in accordance
with section 190.08, subdivision 3; and
(4) service performed as part of the
active guard/reserve program pursuant to United States Code, title 32, section
502(f), or other applicable authority.
[EFFECTIVE
DATE.] This section is effective the day following final enactment and
applies to persons who have served in the Minnesota National Guard at anytime
since September 11, 2001, and if the person has died in the line of service, to
the person's surviving spouse and dependents.
Sec. 5. Minnesota Statutes 2004, section
193.29, subdivision 3, is amended to read:
Subd. 3. [JOINT BOARDS.] In all cases in
which more than one company or other unit of the military forces shall occupy
the same armory, the armory board shall consist of officers military
personnel assigned to the units or organizations quartered therein. The
adjutant general shall designate by order from time to time the representatives
of each unit quartered therein to comprise the armory board for each armory. In
the discretion of the adjutant general, the membership of the board may be
comprised of officers, warrant officers, and enlisted personnel and may be
changed from time to time so as to give the several organizations quartered
therein proper representation on the board.
Sec. 6. Minnesota Statutes 2004, section
193.30, is amended to read:
193.30 [COMMANDING OFFICERS MANAGEMENT
OF ARMORY BOARD.]
The senior officer member on
each armory board shall be the chair, and the junior officer member
thereof shall be the recorder. A record of the proceedings of the board shall
be kept, and all motions offered, whether seconded or not, shall be put to a
vote and the result recorded. In the case of a tie vote the adjutant general,
upon the request of any member, shall decide. The governor may make and alter
rules for the government of armory boards, officers, and other persons having
charge of armories, arsenals, or other military property of the state.
Sec. 7. Minnesota Statutes 2004, section
193.31, is amended to read:
193.31 [SENIOR OFFICER TO CONTROL OF
DRILL HALL.]
The senior officer member of
any company or other organization assembling at an armory for drill or
instruction shall have control of the drill hall or other portion of the
premises used therefor during such occupancy, subject to the rules prescribed for
its use and the orders of that officer's member's superior. Any
person who intrudes contrary to orders, or who interrupts, molests, or insults
any troops so assembled, or who refuses to leave the premises when properly
requested so to do, shall be guilty of a misdemeanor. Nothing in this section
shall prevent reasonable inspection of the premises by the proper municipal
officer, or by the lessor thereof in accordance with the terms of the lease.
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Sec. 8. Minnesota Statutes 2004,
section 197.608, subdivision 5, is amended to read:
Subd. 5. [QUALIFYING USES.] The commissioner shall consult with
the Minnesota Association of County Veterans Service Officers in developing a
list of qualifying uses for grants awarded under this program. The
commissioner is authorized to use any unexpended funding for this program to
provide training and education for county veterans service officers.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 9. Minnesota Statutes 2004, section 471.975, is amended to
read:
471.975 [MAY PAY DIFFERENTIAL OF RESERVE ON ACTIVE DUTY.]
(a) Except as provided in paragraph (b), a statutory or home
rule charter city, county, town, or other political subdivision may pay to each
eligible member of the National Guard or other reserve component of the armed
forces of the United States an amount equal to the difference between the
member's basic active duty military salary and the salary the member would be
paid as an active political subdivision employee, including any adjustments the
member would have received if not on leave of absence. This payment may be made
only to a person whose basic active duty military salary is less than the
salary the person would be paid as an active political subdivision employee.
Back pay authorized by this section may be paid in a lump sum. Payment under
this section must not extend beyond four years from the date the employee
reported for active service, plus any additional time the employee may be
legally required to serve.
(b) Subject to the limits under paragraph (g), each school
district shall pay to each eligible member of the National Guard or other
reserve component of the armed forces of the United States an amount equal to
the difference between the member's basic active duty military salary and the
salary the member would be paid as an active school district employee,
including any adjustments the member would have received if not on leave of
absence. The pay differential must be based on a comparison between the
member's daily rate of active duty pay, calculated by dividing the member's
military monthly salary by the number of paid days in the month, and the
member's daily rate of pay for the member's school district salary, calculated
by dividing the member's total school district salary by the number of contract
days. The member's salary as a school district employee must include the
member's basic salary and any additional salary the member earns from the
school district for cocurricular activities. The differential payment under
this paragraph must be the difference between the daily rates of military pay
times the number of school district contract days the member misses because of
military active duty. This payment may be made only to a person whose basic
active duty military salary is less than the salary the person would be paid as
an active school district employee. Payments may be made at the intervals at
which the member received pay as a school district employee. Payment under this
section must not extend beyond four years from the date the employee reported
for active service, plus any additional time the employee may be legally
required to serve.
(c) An eligible member of the reserve components of the armed
forces of the United States is a reservist or National Guard member who was an
employee of a political subdivision at the time the member reported for active
service on or after May 29, 2003, or who is on active service on May 29, 2003.
(d) Notwithstanding other obligations under law and
Except as provided in paragraph (e) and elsewhere in Minnesota Statutes,
a statutory or home rule charter city, county, town, or other political
subdivision has total discretion regarding employee benefit continuation for a
member who reports for active service and the terms and conditions of any
benefit.
(e) A school district must continue the employee's enrollment
in health and dental coverage, and the employer contribution toward that
coverage, until the employee is covered by health and dental coverage provided
by the armed forces. If the employee had elected dependent coverage for health
or dental coverage as of the time that the
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employee reported
for active service, a school district must offer the employee the option to
continue the dependent coverage at the employee's own expense. A school
district must permit the employee to continue participating in any pretax
account in which the employee participated when the employee reported for
active service, to the extent of employee pay available for that purpose.
(f) For purposes of this section, "active service"
has the meaning given in section 190.05, subdivision 5, but excludes service
performed exclusively for purposes of:
(1) basic combat training, advanced individual training, annual
training, and periodic inactive duty training;
(2) special training periodically made available to reserve
members; and
(3) service performed in accordance with section 190.08,
subdivision 3.
(g) A school district making payments under paragraph (b) shall
place a sum equal to any difference between the amount of salary that would
have been paid to the employee who is receiving the payments and the amount of
salary being paid to substitutes for that employee into a special fund that
must be used to pay or partially pay the deployed employee's payments under
paragraph (b). A school district is required to pay only this amount to the
deployed school district employee.
[EFFECTIVE DATE.] This
section is effective the day following final enactment and applies to any
public officer or public employee serving in active military service on or
after September 11, 2001.
Sec. 10. Laws 2000, chapter 461, article 4, section 4, as
amended by Laws 2003, First Special Session chapter 12, article 6, section 3,
and Laws 2004, chapter 267, article 17, section 7, is amended to read:
Sec. 4. [EFFECTIVE DATE; SUNSET REPEALER.]
(a) Sections 1, 2, and 3 are effective on the day
following final enactment.
(b) Sections 1, 2, and 3, are repealed on May 16, 2006 2007.
Sec. 11. [PLAQUE HONORING VETERANS OF THE PERSIAN GULF WAR.]
A memorial plaque may be placed in the court of honor on the
capitol grounds to recognize the valiant service to our nation by the thousands
of brave men and women who served honorably as members of the United States
Armed Forces during the Persian Gulf War. The plaque must be furnished by a
person or organization other than the Department of Veterans Affairs and must
be approved by the commissioner of veterans affairs and the Capitol Area
Architectural and Planning Board.
[EFFECTIVE
DATE.] This section is effective the day following final enactment.
Sec. 12. [REPEALER.]
Minnesota Statutes 2004, sections
43A.11, subdivision 2; and 197.455, subdivision 3, are repealed.
ARTICLE 5
OFFICE OF ENTERPRISE TECHNOLOGY
Section 1. Minnesota Statutes 2004,
section 10A.01, subdivision 35, is amended to read:
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Subd. 35. [PUBLIC OFFICIAL.]
"Public official" means any:
(1) member of the legislature;
(2) individual employed by the legislature
as secretary of the senate, legislative auditor, chief clerk of the house,
revisor of statutes, or researcher, legislative analyst, or attorney in the
Office of Senate Counsel and Research or House Research;
(3) constitutional officer in the
executive branch and the officer's chief administrative deputy;
(4) solicitor general or deputy,
assistant, or special assistant attorney general;
(5) commissioner, deputy commissioner, or
assistant commissioner of any state department or agency as listed in section
15.01 or 15.06, or the state chief information officer;
(6) member, chief administrative officer,
or deputy chief administrative officer of a state board or commission that has
either the power to adopt, amend, or repeal rules under chapter 14, or the
power to adjudicate contested cases or appeals under chapter 14;
(7) individual employed in the executive
branch who is authorized to adopt, amend, or repeal rules under chapter 14 or
adjudicate contested cases under chapter 14;
(8) executive director of the State Board
of Investment;
(9) deputy of any official listed in
clauses (7) and (8);
(10) judge of the Workers' Compensation
Court of Appeals;
(11) administrative law judge or
compensation judge in the State Office of Administrative Hearings or referee in
the Department of Employment and Economic Development;
(12) member, regional administrator,
division director, general counsel, or operations manager of the metropolitan
council;
(13) member or chief administrator of a
metropolitan agency;
(14) director of the Division of Alcohol
and Gambling Enforcement in the Department of Public Safety;
(15) member or executive director of the
Higher Education Facilities Authority;
(16) member of the board of directors or
president of Minnesota Technology, Inc.; or
(17) member of the board of directors or
executive director of the Minnesota State High School League.
Sec. 2. Minnesota Statutes 2004, section
15.06, is amended by adding a subdivision to read:
Subd. 1a. [APPLICATION TO OFFICE OF
ENTERPRISE TECHNOLOGY.] For the purposes of this section, references to
"commissioner" include the chief information officer of the Office of
Enterprise Technology.
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Sec. 3. Minnesota Statutes 2004,
section 16B.04, subdivision 2, is amended to read:
Subd. 2. [POWERS AND DUTIES, GENERAL.] Subject to other
provisions of this chapter, the commissioner is authorized to:
(1) supervise, control, review, and approve all state contracts
and purchasing;
(2) provide agencies with supplies and equipment and operate
all central store or supply rooms serving more than one agency;
(3) approve all computer plans and contracts, and oversee
the state's data processing system;
(4) investigate and study the management and
organization of agencies, and reorganize them when necessary to ensure their
effective and efficient operation;
(5) (4) manage and control state property, real
and personal;
(6) (5) maintain and operate all state buildings,
as described in section 16B.24, subdivision 1;
(7) (6) supervise, control, review, and approve
all capital improvements to state buildings and the capitol building and
grounds;
(8) (7) provide central duplicating, printing,
and mail facilities;
(9) (8) oversee publication of official documents
and provide for their sale;
(10) (9) manage and operate parking facilities for
state employees and a central motor pool for travel on state business;
(11) (10) establish and administer a State
Building Code; and
(12) (11) provide rental space within the capitol
complex for a private day care center for children of state employees. The
commissioner shall contract for services as provided in this chapter. The
commissioner shall report back to the legislature by October 1, 1984, with the
recommendation to implement the private day care operation.
Sec. 4. Minnesota Statutes 2004, section 16B.48, subdivision 4,
is amended to read:
Subd. 4. [REIMBURSEMENTS.] Except as specifically provided
otherwise by law, each agency shall reimburse intertechnologies and the
general services revolving funds for the cost of all services, supplies,
materials, labor, and depreciation of equipment, including reasonable overhead
costs, which the commissioner is authorized and directed to furnish an agency.
The cost of all publications or other materials produced by the commissioner
and financed from the general services revolving fund must include reasonable
overhead costs. The commissioner of administration shall report the rates to be
charged for each the general services revolving fund funds
no later than July 1 each year to the chair of the committee or division in the
senate and house of representatives with primary jurisdiction over the budget
of the Department of Administration. The commissioner of finance shall make
appropriate transfers to the revolving funds described in this section when
requested by the commissioner of administration. The commissioner of
administration may make allotments, encumbrances, and, with the approval of the
commissioner of finance, disbursements in anticipation of such transfers. In
addition, the commissioner of administration, with the approval of the
commissioner of finance, may require an agency to make advance payments to the
revolving funds in this section sufficient to cover the agency's estimated
obligation for a period of at least 60 days. All reimbursements and other money
received by the commissioner of administration under this section must
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be deposited in the
appropriate revolving fund. Any earnings remaining in the fund established to
account for the documents service prescribed by section 16B.51 at the end of
each fiscal year not otherwise needed for present or future operations, as
determined by the commissioners of administration and finance, must be
transferred to the general fund.
Sec. 5. Minnesota Statutes 2004, section 16B.48, subdivision 5,
is amended to read:
Subd. 5. [LIQUIDATION.] If the intertechnologies or
general services revolving fund is funds are abolished or
liquidated, the total net profit from the operation of each fund must be
distributed to the various funds from which purchases were made. The amount to
be distributed to each fund must bear to the net profit the same ratio as the
total purchases from each fund bears to the total purchases from all the funds
during the same period of time.
Sec. 6. Minnesota Statutes 2004, section 16E.01, subdivision 1,
is amended to read:
Subdivision 1. [PURPOSE CREATION; CHIEF INFORMATION
OFFICER.] The Office of Enterprise Technology, referred to in this
chapter as the "office," is under the supervision of the
commissioner of administration an agency in the executive branch headed
by the state chief information officer. The appointment of the chief
information officer is subject to the advice and consent of the senate under
section 15.066.
Subd. 1a. [RESPONSIBILITIES.] The office shall provide oversight,
leadership, and direction for information and communications telecommunications
technology policy and the management, delivery, and security of information
and telecommunications technology systems and services in Minnesota. The
office shall coordinate manage strategic investments in
information and communications telecommunications technology systems
and services to encourage the development of a technically literate society
and, to ensure sufficient access to and efficient delivery of
government services, and to maximize benefits for the state government as an
enterprise.
Sec. 7. Minnesota Statutes 2004, section 16E.01, subdivision 3,
is amended to read:
Subd. 3. [DUTIES.] (a) The office shall:
(1) coordinate manage the efficient and effective
use of available federal, state, local, and private public-private
resources to develop statewide information and communications telecommunications
technology systems and services and its infrastructure;
(2) review approve state agency and
intergovernmental information and communications telecommunications
technology systems and services development efforts involving state
or intergovernmental funding, including federal funding, provide information to
the legislature regarding projects reviewed, and recommend projects for inclusion
in the governor's budget under section 16A.11;
(3) encourage ensure cooperation and
collaboration among state and local governments in developing intergovernmental
communication and information and telecommunications technology
systems and services, and define the structure and responsibilities of the
Information Policy Council a representative governance structure;
(4) cooperate and collaborate with the legislative and judicial
branches in the development of information and communications systems in those
branches;
(5) continue the development of North Star, the state's
official comprehensive on-line service and information initiative;
(6) promote and collaborate with the state's agencies in the
state's transition to an effectively competitive telecommunications market;
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(7) collaborate with entities
carrying out education and lifelong learning initiatives to assist Minnesotans
in developing technical literacy and obtaining access to ongoing learning
resources;
(8) promote and coordinate public information access and
network initiatives, consistent with chapter 13, to connect Minnesota's
citizens and communities to each other, to their governments, and to the world;
(9) promote and coordinate electronic commerce initiatives to
ensure that Minnesota businesses and citizens can successfully compete in the
global economy;
(10) manage and promote and coordinate the
regular and periodic reinvestment in the core information and communications telecommunications
technology systems and services infrastructure so that state and local
government agencies can effectively and efficiently serve their customers;
(11) facilitate the cooperative development of and ensure
compliance with standards and policies for information and
telecommunications technology systems and services, electronic data
practices and privacy, and electronic commerce among international, national,
state, and local public and private organizations; and
(12) work with others to avoid eliminate
unnecessary duplication of existing information and telecommunications
technology systems and services provided by other public and private
organizations while building on the existing governmental, educational,
business, health care, and economic development infrastructures;
(13) identify, sponsor, develop, and execute shared
information and telecommunications technology projects and ongoing operations;
and
(14) ensure overall security of the state's information and
technology systems and services.
(b) The commissioner of administration chief
information officer in consultation with the commissioner of finance may
must determine that when it is cost-effective for agencies
to develop and use shared information and communications telecommunications
technology systems and services for the delivery of electronic
government services. This determination may be made if an agency proposes a
new system that duplicates an existing system, a system in development, or a
system being proposed by another agency. The commissioner of
administration chief information officer may require agencies to use shared
information and telecommunications technology systems and services. The chief
information officer shall establish reimbursement rates in cooperation with
the commissioner of finance to be billed to agencies and other governmental
entities sufficient to cover the actual development, operating, maintenance,
and administrative costs of the shared systems. The methodology for billing may
include the use of interagency agreements, or other means as allowed by law.
Sec. 8. Minnesota Statutes 2004, section 16E.02, is amended to
read:
16E.02 [OFFICE OF ENTERPRISE TECHNOLOGY;
STRUCTURE AND PERSONNEL.]
Subdivision 1. [OFFICE MANAGEMENT AND STRUCTURE.] (a)
The commissioner of administration chief information officer is
appointed by the governor. The chief information officer serves in the
unclassified service at the pleasure of the governor. The chief information
officer must have experience leading enterprise-level information technology
organizations. The chief information officer is the state's chief information
officer and information and telecommunications technology advisor to the
governor.
(b) The chief information officer may appoint other
employees of the office. The staff of the office must include individuals
knowledgeable in information and communications telecommunications
technology systems and services and individuals with specialized training in
information security.
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Subd. 1a.
[ACCOUNTABILITY.] The chief information officer reports to the governor. The
chief information officer must consult regularly with the commissioners of
administration, finance, human services, revenue, and other commissioners as
designated by the governor, on technology projects, standards, and services as
well as management of resources and staff utilization.
Subd. 2. [INTERGOVERNMENTAL PARTICIPATION.] The commissioner
of administration chief information officer or the commissioner's
chief information officer's designee shall serve as a member of the
Minnesota Education Telecommunications Council, the Geographic Information
Systems Council, and the Library Planning Task Force, or
their respective successor organizations, and as a nonvoting
member of Minnesota Technology, Inc. and the Minnesota Health Data
Institute as a nonvoting member.
Subd. 3. [ADMINISTRATIVE SUPPORT.] The commissioner
of administration must provide office space and administrative support services
to the office. The office must reimburse the commissioner for these services.
Sec. 9. Minnesota Statutes 2004, section 16E.03, subdivision 1,
is amended to read:
Subdivision 1. [DEFINITIONS.] For the purposes of sections
16E.03 to 16E.05 chapter 16E, the following terms have the meanings
given them.
(a) "Information and telecommunications technology
systems and services" means all computing and telecommunications hardware
and software, the activities undertaken to secure that hardware and software,
and the activities undertaken to acquire, transport, process, analyze, store,
and disseminate information electronically. "Information and
telecommunications technology systems and services" includes all proposed
expenditures for computing and telecommunications hardware and software,
security for that hardware and software, and related consulting or other
professional services.
(a) (b) "Information and communications
telecommunications technology project" means the development or
acquisition of information and communications technology devices and systems,
but does not include the state information infrastructure or its contractors.
(b) "Data processing device or system" means
equipment or computer programs, including computer hardware, firmware, software,
and communication protocols, used in connection with the processing of
information through electronic data processing means, and includes data
communication devices used in connection with computer facilities for the
transmission of data. an effort to acquire or produce information and
telecommunications technology systems and services.
(c) "Telecommunications" means voice, video, and
data electronic transmissions transported by wire, wireless, fiber-optic, radio,
or other available transport technology.
(d) "Cyber security" means the protection of data
and systems in networks connected to the Internet.
(c) (e) "State agency" means an agency in
the executive branch of state government and includes the Minnesota Higher
Education Services Office, but does not include the Minnesota State Colleges
and Universities unless specifically provided elsewhere in this chapter.
Sec. 10. Minnesota Statutes 2004, section 16E.03, subdivision
2, is amended to read:
Subd. 2. [COMMISSIONER'S CHIEF INFORMATION OFFICER
RESPONSIBILITY.] The commissioner chief information officer shall
coordinate the state's information and communications telecommunications
technology systems and services to serve the needs of the state
government. The commissioner chief information officer shall:
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(1) coordinate the design
of a master plan for information and communications telecommunications
technology systems and services in the state and its political
subdivisions and shall report on the plan to the governor and legislature at
the beginning of each regular session;
(2) coordinate, review, and approve
all information and communications telecommunications technology plans
and contracts projects and oversee the state's information and communications
telecommunications technology systems and services;
(3) establish and enforce compliance
with standards for information and communications telecommunications
technology systems and services that encourage competition are
cost-effective and support open systems environments and that are
compatible with state, national, and international standards; and
(4) maintain a library of systems and
programs developed by the state and its political subdivisions for use by
agencies of government;
(5) direct and manage the shared
operations of the state's information and telecommunications technology systems
and services; and
(6) establish and enforce standards and
ensure acquisition of hardware and software necessary to protect data and
systems in state agency networks connected to the Internet.
Sec. 11. Minnesota Statutes 2004, section
16E.03, subdivision 3, is amended to read:
Subd. 3. [EVALUATION AND APPROVAL.] A
state agency may not undertake an information and communications telecommunications
technology project until it has been evaluated according to the procedures
developed under subdivision 4. The governor or governor's designee chief
information officer shall give written approval of the proposed project. If
the proposed project is not approved When notified by the chief
information officer that a project has not been approved, the commissioner
of finance shall cancel the unencumbered balance of any appropriation allotted
for the project. This subdivision does not apply to acquisitions or
development of information and communications systems that have anticipated
total cost of less than $100,000. The Minnesota State Colleges and Universities
shall submit for approval any project related to acquisitions or development of
information and communications systems that has a total anticipated cost of
more than $250,000.
Sec. 12. Minnesota Statutes 2004, section
16E.03, subdivision 7, is amended to read:
Subd. 7. [DATA CYBER
SECURITY SYSTEMS.] In consultation with the attorney general and appropriate
agency heads, the commissioner chief information officer shall
develop data cyber security policies, guidelines, and standards,
and the commissioner of administration shall install and administer
state data security systems on the state's centralized computer facility
facilities consistent with these policies, guidelines, standards, and
state law to ensure the integrity of computer-based and other data and to
ensure applicable limitations on access to data, consistent with the public's
right to know as defined in chapter 13. The chief information officer is
responsible for overall security of state agency networks connected to the
Internet. Each department or agency head is responsible for the security of
the department's or agency's data within the guidelines of established
enterprise policy.
Sec. 13. Minnesota Statutes 2004, section
16E.04, is amended to read:
16E.04 [INFORMATION AND COMMUNICATIONS
TELECOMMUNICATIONS TECHNOLOGY POLICY.]
Subdivision 1. [DEVELOPMENT.] The office
shall coordinate with state agencies in developing and establishing develop,
establish, and enforce policies and standards for state agencies to follow
in developing and purchasing information and communications telecommunications
technology systems and services and training
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appropriate persons
in their use. The office shall develop, promote, and coordinate manage
state technology, architecture, standards and guidelines, information needs
analysis techniques, contracts for the purchase of equipment and services, and
training of state agency personnel on these issues.
Subd. 2. [RESPONSIBILITIES.] (a) In
addition to other activities prescribed by law, the office shall carry out the
duties set out in this subdivision.
(b) The office shall develop and establish
a state information architecture to ensure that further state agency
development and purchase of information and communications systems, equipment,
and services is designed to ensure that individual agency information systems
complement and do not needlessly duplicate or conflict with the systems of
other agencies. When state agencies have need for the same or similar public
data, the commissioner chief information officer, in coordination
with the affected agencies, shall promote manage the most
efficient and cost-effective method of producing and storing data for or
sharing data between those agencies. The development of this information
architecture must include the establishment of standards and guidelines to be
followed by state agencies. The office shall ensure compliance with the
architecture.
(c) The office shall assist state agencies
in the planning and management of information systems so that an individual
information system reflects and supports the state agency's mission and the
state's requirements and functions. The office shall review and approve
agency technology plans to ensure consistency with enterprise information and
telecommunications technology strategy.
(d) The office shall review and approve
agency requests for legislative appropriations funding for the
development or purchase of information systems equipment or software before
the requests may be included in the governor's budget.
(e) The office shall review major
purchases of information systems equipment to:
(1) ensure that the equipment follows the
standards and guidelines of the state information architecture;
(2) ensure that the equipment is
consistent with the information management principles adopted by the
Information Policy Council;
(3) evaluate whether the agency's
proposed purchase reflects a cost-effective policy regarding volume purchasing;
and
(4) (3) ensure that the
equipment is consistent with other systems in other state agencies so that data
can be shared among agencies, unless the office determines that the agency
purchasing the equipment has special needs justifying the inconsistency.
(f) The office shall review the operation
of information systems by state agencies and provide advice and assistance
to ensure that these systems are operated efficiently and securely
and continually meet the standards and guidelines established by the office. The
standards and guidelines must emphasize uniformity that is cost-effective
for the enterprise, that encourages information interchange, open systems
environments, and portability of information whenever practicable and
consistent with an agency's authority and chapter 13.
(g) The office shall conduct a
comprehensive review at least every three years of the information systems
investments that have been made by state agencies and higher education
institutions. The review must include recommendations on any information
systems applications that could be provided in a more cost-beneficial manner by
an outside source. The office must report the results of its review to the
legislature and the governor.
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Day - Monday, May 23, 2005 - Top of Page 4859
Subd. 3. [RISK ASSESSMENT AND
MITIGATION.] (a) A risk assessment and risk mitigation plan are required for an
all information systems development project estimated to cost more
than $1,000,000 that is projects undertaken by a state agency in the
executive or judicial branch or by a constitutional officer. The commissioner
of administration chief information officer must contract with an
entity outside of state government to conduct the initial assessment and
prepare the mitigation plan for a project estimated to cost more than
$5,000,000. The outside entity conducting the risk assessment and preparing the
mitigation plan must not have any other direct or indirect financial interest
in the project. The risk assessment and risk mitigation plan must provide for
periodic monitoring by the commissioner until the project is completed.
(b) The risk assessment and risk
mitigation plan must be paid for with money appropriated for the information systems
development and telecommunications technology project. The chief
information officer must notify the commissioner of finance when work has begun
on a project and must identify the proposed budget for the project. The commissioner
of finance shall ensure that no more than ten percent of the amount
anticipated to proposed budget be spent on the project, other than
the money spent on the risk assessment and risk mitigation plan, may be is
spent until the risk assessment and mitigation plan are reported to the commissioner
of administration chief information officer and the commissioner
chief information officer has approved the risk mitigation plan.
Sec. 14. Minnesota Statutes 2004, section
16E.0465, subdivision 1, is amended to read:
Subdivision 1. [APPLICATION.] This section
applies to an appropriation of more than $1,000,000 of state or federal funds
to a state agency for any information and communications telecommunications
technology project or data processing device or system or for any phase
of such a project, device, or system. For purposes of this section, an
appropriation of state or federal funds to a state agency includes an
appropriation:
(1) to the Minnesota State Colleges and
Universities;
(2) to a constitutional officer;
(3) (2) for a project that
includes both a state agency and units of local government; and
(4) (3) to a state agency
for grants to be made to other entities.
Sec. 15. Minnesota Statutes 2004, section
16E.0465, subdivision 2, is amended to read:
Subd. 2. [REQUIRED REVIEW AND APPROVAL.]
(a) A state agency receiving an appropriation for an information and communications
telecommunications technology project or data processing device or
system subject to this section must divide the project into phases.
(b) The commissioner of finance may not
authorize the encumbrance or expenditure of an appropriation of state funds to
a state agency for any phase of a project, device, or system subject to this
section unless the Office of Enterprise Technology has reviewed each
phase of the project, device, or system, and based on this review, the commissioner
of administration chief information officer has determined for each
phase that:
(1) the project is compatible with the
state information architecture and other policies and standards established by
the commissioner of administration chief information officer; and
(2) the agency is able to accomplish the
goals of the phase of the project with the funds appropriated; and
(3) the project supports the enterprise
information technology strategy.
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Day - Monday, May 23, 2005 - Top of Page 4860
Sec. 16. Minnesota Statutes
2004, section 16E.055, is amended to read:
16E.055 [COMMON WEB FORMAT ELECTRONIC
GOVERNMENT SERVICES.]
A state agency that implements electronic
government services for fees, licenses, sales, or other purposes must use a
common Web page format approved by the commissioner of administration for those
electronic government services. The commissioner may create a the
single entry site created by the chief information officer for all
agencies to use for electronic government services.
Sec. 17. Minnesota Statutes 2004, section
16E.07, subdivision 8, is amended to read:
Subd. 8. [SECURE TRANSACTION SYSTEM.] The
office shall plan and develop a secure transaction system to support delivery
of government services electronically. A state agency that implements
electronic government services for fees, licenses, sales, or other purposes
must use the secure transaction system developed in accordance with this
section.
Sec. 18. [16E.14] [ENTERPRISE TECHNOLOGY
REVOLVING FUND.]
Subdivision 1. [CREATION.] The
enterprise technology revolving fund is created in the state treasury.
Subd. 2. [APPROPRIATION AND USES OF
FUND.] Money in the enterprise technology revolving fund is appropriated
annually to the chief information officer to operate information and
telecommunications services, including management, consultation, and design
services.
Subd. 3. [REIMBURSEMENTS.] Except
as specifically provided otherwise by law, each agency shall reimburse the
enterprise technology revolving fund for the cost of all services, supplies,
materials, labor, and depreciation of equipment, including reasonable overhead
costs, which the chief information officer is authorized and directed to
furnish an agency. The chief information officer shall report the rates to be
charged for the revolving fund no later than July 1 each year to the chair of
the committee or division in the senate and house of representatives with
primary jurisdiction over the budget of the Office of Enterprise Technology.
Subd. 4. [CASH FLOW.] The
commissioner of finance shall make appropriate transfers to the revolving fund
when requested by the chief information officer. The chief information officer
may make allotments and encumbrances in anticipation of such transfers. In
addition, the chief information officer, with the approval of the commissioner
of finance, may require an agency to make advance payments to the revolving
fund sufficient to cover the office's estimated obligation for a period of at
least 60 days. All reimbursements and other money received by the chief
information officer under this section must be deposited in the enterprise
technology revolving fund.
Subd. 5. [LIQUIDATION.] If the
enterprise technology revolving fund is abolished or liquidated, the total net
profit from the operation of the fund must be distributed to the various funds
from which purchases were made. The amount to be distributed to each fund must
bear to the net profit the same ratio as the total purchases from each fund
bears to the total purchases from all the funds during the same period of time.
Sec. 19. Minnesota Statutes 2004, section
299C.65, subdivision 1, is amended to read:
Subdivision 1. [MEMBERSHIP, DUTIES.] (a)
The Criminal and Juvenile Justice Information Policy Group consists of the
commissioner of corrections, the commissioner of public safety, the commissioner
of administration state chief information officer, the commissioner
of finance, and four members of the judicial branch appointed by the chief
justice of the Supreme Court. The policy group may appoint additional,
nonvoting members as necessary from time to time.
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(b) The commissioner of public
safety is designated as the chair of the policy group. The commissioner and the
policy group have overall responsibility for the successful completion of
statewide criminal justice information system integration (CriMNet). The policy
group may hire a program manager to manage the CriMNet projects and to be
responsible for the day-to-day operations of CriMNet. The policy group must
ensure that generally accepted project management techniques are utilized for
each CriMNet project, including:
(1) clear sponsorship;
(2) scope management;
(3) project planning, control, and execution;
(4) continuous risk assessment and mitigation;
(5) cost management;
(6) quality management reviews;
(7) communications management; and
(8) proven methodology.
(c) Products and services for CriMNet project management,
system design, implementation, and application hosting must be acquired using
an appropriate procurement process, which includes:
(1) a determination of required products and services;
(2) a request for proposal development and identification of
potential sources;
(3) competitive bid solicitation, evaluation, and selection;
and
(4) contract administration and close-out.
(d) The policy group shall study and make recommendations to
the governor, the Supreme Court, and the legislature on:
(1) a framework for integrated criminal justice information
systems, including the development and maintenance of a community data model
for state, county, and local criminal justice information;
(2) the responsibilities of each entity within the criminal and
juvenile justice systems concerning the collection, maintenance, dissemination,
and sharing of criminal justice information with one another;
(3) actions necessary to ensure that information maintained in
the criminal justice information systems is accurate and up-to-date;
(4) the development of an information system containing
criminal justice information on gross misdemeanor-level and felony-level
juvenile offenders that is part of the integrated criminal justice information
system framework;
(5) the development of an information system containing
criminal justice information on misdemeanor arrests, prosecutions, and
convictions that is part of the integrated criminal justice information system
framework;
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Day - Monday, May 23, 2005 - Top of Page 4862
(6) comprehensive training
programs and requirements for all individuals in criminal justice agencies to
ensure the quality and accuracy of information in those systems;
(7) continuing education requirements for
individuals in criminal justice agencies who are responsible for the
collection, maintenance, dissemination, and sharing of criminal justice data;
(8) a periodic audit process to ensure the
quality and accuracy of information contained in the criminal justice
information systems;
(9) the equipment, training, and funding
needs of the state and local agencies that participate in the criminal justice
information systems;
(10) the impact of integrated criminal
justice information systems on individual privacy rights;
(11) the impact of proposed legislation on
the criminal justice system, including any fiscal impact, need for training,
changes in information systems, and changes in processes;
(12) the collection of data on race and
ethnicity in criminal justice information systems;
(13) the development of a tracking system
for domestic abuse orders for protection;
(14) processes for expungement, correction
of inaccurate records, destruction of records, and other matters relating to
the privacy interests of individuals; and
(15) the development of a database for
extended jurisdiction juvenile records and whether the records should be public
or private and how long they should be retained.
Sec. 20. Minnesota Statutes 2004, section
299C.65, subdivision 2, is amended to read:
Subd. 2. [REPORT, TASK FORCE.] (a) The
policy group shall file an annual report with the governor, Supreme Court, and
chairs and ranking minority members of the senate and house committees and
divisions with jurisdiction over criminal justice funding and policy by
December 1 of each year.
(b) The report must make recommendations
concerning any legislative changes or appropriations that are needed to ensure
that the criminal justice information systems operate accurately and
efficiently. To assist them in developing their recommendations, the policy
group shall appoint a task force consisting of its members or their designees
and the following additional members:
(1) the director of the Office of
Strategic and Long-Range Planning;
(2) two sheriffs recommended by the
Minnesota Sheriffs Association;
(3) two police chiefs recommended by the
Minnesota Chiefs of Police Association;
(4) two county attorneys recommended by
the Minnesota County Attorneys Association;
(5) two city attorneys recommended by the
Minnesota League of Cities;
(6) two public defenders appointed by the
Board of Public Defense;
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(7) two district judges
appointed by the Conference of Chief Judges, one of whom is currently assigned
to the juvenile court;
(8) two community corrections
administrators recommended by the Minnesota Association of Counties, one of
whom represents a community corrections act county;
(9) two probation officers;
(10) four public members, one of whom has
been a victim of crime, and two who are representatives of the private business
community who have expertise in integrated information systems;
(11) two court administrators;
(12) one member of the house of representatives
appointed by the speaker of the house;
(13) one member of the senate appointed by
the majority leader;
(14) the attorney general or a designee;
(15) the commissioner of administration
state chief information officer or a designee;
(16) an individual recommended by the
Minnesota League of Cities; and
(17) an individual recommended by the
Minnesota Association of Counties.
In making
these appointments, the appointing authority shall select members with
expertise in integrated data systems or best practices.
(c) The commissioner of public safety may
appoint additional, nonvoting members to the task force as necessary from time
to time.
Sec. 21. Minnesota Statutes 2004, section
403.36, subdivision 1, is amended to read:
Subdivision 1. [MEMBERSHIP.] (a) The
commissioner of public safety shall convene and chair the Statewide Radio Board
to develop a project plan for a statewide, shared, trunked public safety radio
communication system. The system may be referred to as "Allied Radio
Matrix for Emergency Response," or "ARMER."
(b) The board consists of the following
members or their designees:
(1) the commissioner of public safety;
(2) the commissioner of transportation;
(3) the commissioner of administration
state chief information officer;
(4) the commissioner of natural resources;
(5) the chief of the Minnesota State
Patrol;
(6) the commissioner of health;
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(7) the commissioner of finance;
(8) two elected city officials, one from
the nine-county metropolitan area and one from Greater Minnesota, appointed by
the governing body of the League of Minnesota Cities;
(9) two elected county officials, one from
the nine-county metropolitan area and one from Greater Minnesota, appointed by
the governing body of the Association of Minnesota Counties;
(10) two sheriffs, one from the
nine-county metropolitan area and one from Greater Minnesota, appointed by the
governing body of the Minnesota Sheriffs' Association;
(11) two chiefs of police, one from the
nine-county metropolitan area and one from Greater Minnesota, appointed by the
governor after considering recommendations made by the Minnesota Chiefs' of
Police Association;
(12) two fire chiefs, one from the
nine-county metropolitan area and one from Greater Minnesota, appointed by the
governor after considering recommendations made by the Minnesota Fire Chiefs'
Association;
(13) two representatives of emergency
medical service providers, one from the nine-county metropolitan area and one
from Greater Minnesota, appointed by the governor after considering
recommendations made by the Minnesota Ambulance Association;
(14) the chair of the Metropolitan Radio
Board; and
(15) a representative of Greater Minnesota
elected by those units of government in phase three and any subsequent phase of
development as defined in the statewide, shared radio and communication plan,
who have submitted a plan to the Statewide Radio Board and where development
has been initiated.
(c) The Statewide Radio Board shall
coordinate the appointment of board members representing Greater Minnesota with
the appointing authorities and may designate the geographic region or regions
from which an appointed board member is selected where necessary to provide
representation from throughout the state.
Sec. 22. [TRANSFER OF DUTIES.]
Responsibilities of the commissioner of
administration for state telecommunications systems, state information
infrastructure, and electronic conduct of state business under Minnesota
Statutes, sections 16B.405; 16B.44; 16B.46; 16B.465; 16B.466; and 16B.467, are
transferred to the Office of Enterprise Technology. All positions in the Office
of Technology and the Intertechnologies Group are transferred to the Office of
Enterprise Technology. Minnesota Statutes, section 15.039, applies to the
transfer of responsibilities in this section.
Sec. 23. [REVISOR INSTRUCTION.]
In the next and subsequent editions of
Minnesota Statutes, the revisor of statutes shall:
(1) substitute the term "chief
information officer" for "commissioner" and "commissioner
of administration" in the following sections: 16B.405; 16B.44; 16B.46;
16B.465; 16B.466; 16B.467; 16E.03, subdivisions 4, 5, 6, and 8; 16E.035; and
16E.07, subdivision 4;
(2) substitute the term "Office of
Enterprise Technology" for the term "Office of Technology"; and
(3) recodify the following sections
into chapter 16E: 16B.405; 16B.44; 16B.46; 16B.465; 16B.466; and 16B.467.
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Sec. 24. [REPEALER.]
Minnesota Statutes 2004, sections 16B.48, subdivision 3; and
16E.0465, subdivision 3, are repealed.
ARTICLE 6
ELECTIONS AND CAMPAIGN
FINANCE
Section 1. Minnesota Statutes 2004, section 10A.01, subdivision
5, is amended to read:
Subd. 5. [ASSOCIATED BUSINESS.] "Associated business"
means an association, corporation, partnership, limited liability company,
limited liability partnership, or other organized legal entity from which
the individual receives compensation in excess of $50, except for actual and
reasonable expenses, in any month as a director, officer, owner, member,
partner, employer or employee, or whose securities the individual holds worth
$2,500 or more at fair market value.
Sec. 2. Minnesota Statutes 2004, section 10A.01, subdivision
26, is amended to read:
Subd. 26. [NONCAMPAIGN DISBURSEMENT.] "Noncampaign
disbursement" means a purchase or payment of money or anything of value
made, or an advance of credit incurred, or a donation in kind received, by a
principal campaign committee for any of the following purposes:
(1) payment for accounting and legal services;
(2) return of a contribution to the source;
(3) repayment of a loan made to the principal campaign
committee by that committee;
(4) return of a public subsidy;
(5) payment for food, beverages, entertainment, and facility
rental for a fund-raising event;
(6) services for a constituent by a member of the legislature
or a constitutional officer in the executive branch, including the costs of preparing
and distributing a suggestion or idea solicitation to constituents,
performed from the beginning of the term of office to adjournment sine die of
the legislature in the election year for the office held, and half the cost of
services for a constituent by a member of the legislature or a constitutional
officer in the executive branch performed from adjournment sine die to 60 days
after adjournment sine die;
(7) payment for food and beverages provided to campaign consumed
by a candidate or volunteers while they are engaged in campaign activities;
(8) payment for food or a beverage consumed while attending
a reception or meeting directly related to legislative duties;
(9) payment of expenses incurred by elected or appointed
leaders of a legislative caucus in carrying out their leadership
responsibilities;
(9) (10) payment by a principal campaign
committee of the candidate's expenses for serving in public office, other than
for personal uses;
(10) (11) costs of child care for the candidate's
children when campaigning;
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(11) (12) fees
paid to attend a campaign school;
(12) (13) costs of a
postelection party during the election year when a candidate's name will no
longer appear on a ballot or the general election is concluded, whichever
occurs first;
(13) (14) interest on loans
paid by a principal campaign committee on outstanding loans;
(14) (15) filing fees;
(15) (16) post-general
election thank-you notes or advertisements in the news media;
(16) (17) the cost of
campaign material purchased to replace defective campaign material, if the
defective material is destroyed without being used;
(17) (18) contributions to a
party unit; and
(18) (19) payments for funeral
gifts or memorials; and
(20) other purchases or payments
specified in board rules or advisory opinions as being for any purpose other
than to influence the nomination or election of a candidate or to promote or
defeat a ballot question.
The board must determine whether an
activity involves a noncampaign disbursement within the meaning of this
subdivision.
A noncampaign disbursement is considered
to be made in the year in which the candidate made the purchase of goods or
services or incurred an obligation to pay for goods or services.
Sec. 3. Minnesota Statutes 2004, section
10A.025, is amended by adding a subdivision to read:
Subd. 1a. [ELECTRONIC FILING.] A
report or statement required to be filed under this chapter may be filed
electronically. The board shall adopt rules to regulate electronic filing and
to ensure that the electronic filing process is secure.
Sec. 4. Minnesota Statutes 2004, section
10A.071, subdivision 3, is amended to read:
Subd. 3. [EXCEPTIONS.] (a) The
prohibitions in this section do not apply if the gift is:
(1) a contribution as defined in section
10A.01, subdivision 11;
(2) services to assist an official in the
performance of official duties, including but not limited to providing advice,
consultation, information, and communication in connection with legislation,
and services to constituents;
(3) services of insignificant monetary
value;
(4) a plaque or similar memento
recognizing individual services in a field of specialty or to a charitable
cause;
(5) a trinket or memento of insignificant
value costing $5 or less;
(6) informational material of
unexceptional value; or
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(7) food or a beverage given at
a reception, meal, or meeting away from the recipient's place of work by an
organization before whom the recipient appears to make a speech or answer
questions as part of a program.
(b) The prohibitions in this section do not apply if the gift
is given:
(1) because of the recipient's membership in a group, a
majority of whose members are not officials, and an equivalent gift is given to
the other members of the group; or
(2) by a lobbyist or principal who is a member of the family of
the recipient, unless the gift is given on behalf of someone who is not a
member of that family.
Sec. 5. Minnesota Statutes 2004, section 10A.08, is amended to
read:
10A.08 [REPRESENTATION DISCLOSURE.]
A public official who represents a client for a fee before an
individual, board, commission, or agency that has rulemaking authority in a
hearing conducted under chapter 14, must disclose the official's participation
in the action to the board within 14 days after the appearance. The board must
send a notice by certified mail to any public official who fails to disclose
the participation within 14 days after the appearance. If the public official
fails to disclose the participation within ten business days after the notice
was sent, the board may impose a late filing fee of $5 per day, not to exceed
$100, starting on the 11th day after the notice was sent. The board must
send an additional notice by certified mail to a public official who fails to disclose
the participation within 14 days after the first notice was sent by the board
that the public official may be subject to a civil penalty for failure to
disclose the participation. A public official who fails to disclose the
participation within seven days after the second notice was sent by the board
is subject to a civil penalty imposed by the board of up to $1,000.
Sec. 6. Minnesota Statutes 2004, section 10A.20, subdivision 5,
is amended to read:
Subd. 5. [PREELECTION REPORTS.] In a statewide election any
loan, contribution, or contributions from any one source totaling $2,000 or
more, or in any judicial district or legislative election totaling more than
$400, received between the last day covered in the last report before an
election and the election must be reported to the board in one of the following
ways:
(1) in person within 48 hours after its receipt;
(2) by telegram or mailgram within 48 hours after its receipt; or
(3) by certified mail sent within 48 hours after its receipt;
or
(4) by electronic means sent within 48 hours after its
receipt.
These loans and contributions must also be reported in the next
required report.
The 48-hour notice requirement does not apply with respect to a
primary in which the statewide or legislative candidate is unopposed.
Sec. 7. Minnesota Statutes 2004, section 10A.27, subdivision 1,
is amended to read:
Subdivision 1. [CONTRIBUTION LIMITS.] (a) Except as provided in
subdivision 2, a candidate must not permit the candidate's principal campaign
committee to accept aggregate contributions made or delivered by any
individual, political committee, or political fund in excess of the following:
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(1) to candidates for governor
and lieutenant governor running together, $2,000 in an election year for the
office sought and $500 in other years;
(2) to a candidate for attorney general,
$1,000 in an election year for the office sought and $200 in other years;
(3) to a candidate for the office of
secretary of state or state auditor, $500 in an election year for the office
sought and $100 in other years;
(4) to a candidate for state senator, $500
in an election year for the office sought and $100 in other years; and
(5) to a candidate for state
representative, $500 in an election year for the office sought and $100 in the
other year.
(b) The following deliveries are not
subject to the bundling limitation in this subdivision:
(1) delivery of contributions collected by
a member of the candidate's principal campaign committee, such as a block
worker or a volunteer who hosts a fund-raising event, to the committee's
treasurer; and
(2) a delivery made by an individual on
behalf of the individual's spouse.
(c) A lobbyist, political committee,
political party unit, or political fund must not make a contribution a
candidate is prohibited from accepting.
Sec. 8. Minnesota Statutes 2004, section
10A.28, subdivision 2, is amended to read:
Subd. 2. [EXCEEDING CONTRIBUTION LIMITS.] A
political committee, political fund, or principal campaign committee that makes
a contribution, or a candidate who permits the candidate's principal campaign
committee to accept contributions, in excess of the limits imposed by section
10A.27 is subject to a civil penalty of up to four times the amount by which
the contribution exceeded the limits. The following are subject to a
civil penalty of up to four times the amount by which a contribution exceeds
the applicable limits:
(1) a lobbyist, political committee, or
political fund that makes a contribution in excess of the limits imposed by
section 10A.27, subdivisions 1 and 8;
(2) a principal campaign committee that
makes a contribution in excess of the limits imposed by section 10A.27,
subdivision 2;
(3) a political party unit that makes a
contribution in excess of the limits imposed by section 10A.27, subdivisions 2
and 8; or
(4) a candidate who permits the
candidate's principal campaign committee to accept contributions in excess of
the limits imposed by section 10A.27.
Sec. 9. Minnesota Statutes 2004, section
10A.31, subdivision 4, is amended to read:
Subd. 4. [APPROPRIATION.] (a) The amounts
designated by individuals for the state elections campaign fund, less three
percent, are appropriated from the general fund, must be transferred and
credited to the appropriate account in the state elections campaign fund, and
are annually appropriated for distribution as set forth in subdivisions 5, 5a,
6, and 7. The remaining three percent must be kept in the general fund for
administrative costs.
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(b) In addition to the amounts
in paragraph (a), $1,500,000 $1,250,000 for each general election
is appropriated from the general fund for transfer to the general account of
the state elections campaign fund.
Of this appropriation, $65,000 each fiscal year must be set
aside to pay assessments made by the Office of Administrative Hearings under
section 211B.37. Amounts remaining after all assessments have been paid must be
canceled to the general account.
Sec. 10. Minnesota Statutes 2004, section 10A.31, subdivision
5, is amended to read:
Subd. 5. [ALLOCATION.] (a) [GENERAL ACCOUNT.] In each calendar
year the money in the general account must be allocated to candidates as follows:
(1) 21 percent for the offices of governor and lieutenant
governor together;
(2) 4.2 percent for the office of attorney general;
(3) 2.4 percent each for the offices of secretary of state and
state auditor;
(4) in each calendar year during the period in which state
senators serve a four-year term, 23-1/3 percent for the office of state
senator, and 46-2/3 percent for the office of state representative; and
(5) in each calendar year during the period in which state
senators serve a two-year term, 35 percent each for the offices of state
senator and state representative.
(b) [PARTY ACCOUNT.] In each calendar year the money in each
party account must be allocated as follows:
(1) 14 percent for the offices of governor and lieutenant
governor together;
(2) 2.8 percent for the office of attorney general;
(3) 1.6 percent each for the offices of secretary of state and
state auditor;
(4) in each calendar year during the period in which state
senators serve a four-year term, 23-1/3 percent for the office of state
senator, and 46-2/3 percent for the office of state representative;
(5) in each calendar year during the period in which state
senators serve a two-year term, 35 percent each for the offices of state
senator and state representative; and
(6) ten percent or $50,000, whichever is less, for the
state committee of a political party; one-third of any amount in excess of
that allocated to the state committee of a political party under this clause
must be allocated to the office of state senator and two-thirds must be
allocated to the office of state representative under clause (4).
Money allocated to each state committee under clause (6) must
be deposited in a separate account and must be spent for only those items
enumerated in section 10A.275. Money allocated to a state committee under
clause (6) must be paid to the committee by the board as it is received in the
account on a monthly basis, with payment on the 15th day of the calendar month
following the month in which the returns were processed by the Department of
Revenue, provided that these distributions would be equal to 90 percent of the
amount of money indicated in the Department of Revenue's weekly unedited
reports of income tax returns and property tax refund returns processed in the
month, as notified by the Department of Revenue to the board. The amounts paid
to each state committee are subject to biennial adjustment and settlement at
the time of each certification required of the commissioner of revenue under subdivisions
7 and 10. If the total amount of payments received by a state committee for the
period
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reflected on a
certification by the Department of Revenue is different from the amount that
should have been received during the period according to the certification,
each subsequent monthly payment must be increased or decreased to the fullest
extent possible until the amount of the overpayment is recovered or the
underpayment is distributed.
Sec. 11. Minnesota Statutes 2004, section 200.02, subdivision
7, is amended to read:
Subd. 7. [MAJOR POLITICAL PARTY.] (a) "Major political
party" means a political party that maintains a party organization in the
state, political division or precinct in question and that has presented at
least one candidate for election to the office of:
(1) governor and lieutenant governor, secretary of state, state
auditor, or attorney general at the last preceding state general election for
those offices; or
(2) presidential elector or U.S. senator at the last preceding
state general election for presidential electors; and
whose candidate received votes in each county in that election
and received votes from not less than five percent of the total number of
individuals who voted in that election.
(b) "Major political party" also means a political
party that maintains a party organization in the state, political subdivision,
or precinct in question and that has presented at least 45 candidates for
election to the office of state representative, 23 candidates for election to
the office of state senator, four candidates for election to the office of
representative in Congress, and one candidate for election to each of the
following offices: governor and lieutenant governor, attorney general,
secretary of state, and state auditor, at the last preceding state general
election for those offices.
(c) "Major political party" also means a
political party that maintains a party organization in the state, political
subdivision, or precinct in question and whose members present to the secretary
of state at any time before the close of filing for the state partisan
primary ballot a petition for a place on the state partisan primary ballot,
which petition contains signatures of a number of the party members equal to at
least five percent of the total number of individuals who voted in the preceding
state general election.
(c) (d) A political party whose candidate
receives a sufficient number of votes at a state general election described in
paragraph (a) or a political party that presents candidates at an election
as required by paragraph (b) becomes a major political party as of January
1 following that election and retains its major party status notwithstanding
that for at least two state general elections even if the party
fails to present a candidate who receives the number and percentage of votes
required under paragraph (a) or fails to present candidates as required by
paragraph (b) at the following subsequent state general election
elections.
(d) (e) A major political party whose candidates
fail to receive the number and percentage of votes required under paragraph (a)
and that fails to present candidates as required by paragraph (b) at either
each of two consecutive state general election elections
described by paragraph (a) or (b), respectively, loses major party
status as of December 31 following the most recent later of the two
consecutive state general election elections.
Sec. 12. Minnesota Statutes 2004, section 200.02, subdivision
23, is amended to read:
Subd. 23. [MINOR POLITICAL PARTY.] (a) "Minor political
party" means a political party that is not a major political party as
defined by subdivision 7 and that has adopted a state constitution,
designated a state party chair, held a state convention in the last two years,
filed with the secretary of state no later than December 31 following the most
recent state general election a certification that the party has met the
foregoing requirements, and met the requirements of paragraph (b) or (e), as
applicable.
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(b) To be considered a minor
party in all elections statewide, the political party must have presented at
least one candidate for election to the office of:
(1) governor and lieutenant governor,
secretary of state, state auditor, or attorney general, at the last preceding
state general election for those offices; or
(2) presidential elector or U.S. senator
at the preceding state general election for presidential electors; and
who received votes in each county that in
the aggregate equal at least one percent of the total number of individuals who
voted in the election, or its members must have presented to the secretary of
state at any time before the close of filing for the state partisan primary
ballot a nominating petition in a form prescribed by the secretary of state
containing the signatures of party members in a number equal to at least one
percent of the total number of individuals who voted in the preceding state
general election.
(c) A political party whose candidate
receives a sufficient number of votes at a state general election described in
paragraph (b) becomes a minor political party as of January 1 following that
election and retains its minor party status notwithstanding that for
at least two state general elections even if the party fails to present a
candidate who receives the number and percentage of votes required under
paragraph (b) at the following subsequent state general election
elections.
(d) A minor political party whose candidates
fail to receive the number and percentage of votes required under paragraph (b)
at either each of two consecutive state general election elections
described by paragraph (b) loses minor party status as of December 31 following
the most recent later of the two consecutive state general election
elections.
(e) A minor party that qualifies to be
a major party loses its status as a minor party at the time it becomes a major
party. Votes received by the candidates of a major party must be counted in determining
whether the party received sufficient votes to qualify as a minor party,
notwithstanding that the party does not receive sufficient votes to retain its
major party status. To be considered a minor party in an election in a
legislative district, the political party must have presented at least one
candidate for a legislative office in that district who received votes from at
least ten percent of the total number of individuals who voted for that office,
or its members must have presented to the secretary of state a nominating
petition in a form prescribed by the secretary of state containing the
signatures of party members in a number equal to at least ten percent of the
total number of individuals who voted in the preceding state general election for
that legislative office.
Sec. 13. Minnesota Statutes 2004, section
200.02, is amended by adding a subdivision to read:
Subd. 24. [METROPOLITAN AREA.] "Metropolitan
area" means the counties of Anoka, Carver, Chisago, Dakota, Hennepin,
Isanti, Ramsey, Scott, Sherburne, Washington, and Wright.
Sec. 14. Minnesota Statutes 2004, section
201.014, subdivision 2, is amended to read:
Subd. 2. [NOT ELIGIBLE.] The following
individuals are not eligible to vote. Any individual:
(a) Convicted of treason or any felony
whose civil rights have not been restored;
(b) Under a guardianship of the person
in which the court order provides that the ward does not retain revokes
the ward's right to vote; or
(c) Found by a court of law to be legally
incompetent.
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Sec. 15. Minnesota Statutes
2004, section 201.061, subdivision 3, is amended to read:
Subd. 3. [ELECTION DAY REGISTRATION.] (a)
An individual who is eligible to vote may register on election day by appearing
in person at the polling place for the precinct in which the individual
maintains residence, by completing a registration application, making an oath
in the form prescribed by the secretary of state and providing proof of
residence. An individual may prove residence for purposes of registering by:
(1) presenting a driver's license or
Minnesota identification card issued pursuant to section 171.07;
(2) presenting any document approved by
the secretary of state as proper identification;
(3) presenting one of the following:
(i) a current valid student identification
card from a postsecondary educational institution in Minnesota, if a list of
students from that institution has been prepared under section 135A.17 and
certified to the county auditor in the manner provided in rules of the
secretary of state; or
(ii) a current student fee statement that
contains the student's valid address in the precinct together with a picture
identification card; or
(4) having a voter who is registered to
vote in the precinct, or who is an employee employed by and working in a
residential facility in the precinct and vouching for a resident in the
facility, sign an oath in the presence of the election judge vouching that
the voter or employee personally knows that the individual is a resident
of the precinct. A voter who has been vouched for on election day may not sign
a proof of residence oath vouching for any other individual on that election
day. A voter who is registered to vote in the precinct may sign up to 15
proof-of-residence oaths on any election day. This limitation does not apply to
an employee of a residential facility described in this clause. The secretary
of state shall provide a form for election judges to use in recording the
number of individuals for whom a voter signs proof-of-residence oaths on
election day. The form must include space for the maximum number of individuals
for whom a voter may sign proof-of-residence oaths. For each proof-of-residence
oath, the form must include a statement that the voter is registered to vote in
the precinct, personally knows that the individual is a resident of the
precinct, and is making the statement on oath. The form must include a space
for the voter's printed name, signature, telephone number, and address.
The oath required by this subdivision
and Minnesota Rules, part 8200.9939, must be attached to the voter registration
application and the information on the oath must be recorded on the records of
both the voter registering on election day and the voter who is vouching for
the person's residence, and entered into the statewide voter registration system
by the county auditor when the voter registration application is entered into
that system.
(b) The operator of a residential
facility shall prepare a list of the names of its employees currently working
in the residential facility and the address of the residential facility. The
operator shall certify the list and provide it to the appropriate county
auditor no less than 20 days before each election for use in election day
registration.
(c) "Residential facility"
means transitional housing as defined in section 119A.43, subdivision 1; a
supervised living facility licensed by the commissioner of health under section
144.50, subdivision 6; a nursing home as defined in section 144A.01,
subdivision 5; a residence registered with the commissioner of health as a
housing with services establishment as defined in section 144D.01, subdivision
4; a veterans home operated by the board of directors of the Minnesota Veterans
Homes under chapter 198; a residence licensed by the commissioner of human
services to provide a residential program as defined in section 245A.02,
subdivision 14; a residential facility for persons with a developmental
disability licensed by the commissioner of human services under section 252.28;
group residential housing as defined in section 256I.03, subdivision 3; a
shelter for battered women as defined in section 611A.37, subdivision 4; or a
supervised publicly or privately operated shelter or dwelling designed to
provide temporary living accommodations for the homeless.
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(d) For tribal band
members living on an Indian reservation, an individual may prove
residence for purposes of registering by presenting an identification card
issued by the tribal government of a tribe recognized by the Bureau of Indian
Affairs, United States Department of the Interior, that contains the name, street
address, signature, and picture of the individual. The county auditor of
each county having territory within the reservation shall maintain a record of
the number of election day registrations accepted under this section.
(e) A county, school district, or municipality may require
that an election judge responsible for election day registration initial each
completed registration application.
Sec. 16. Minnesota Statutes 2004, section 201.071, subdivision
1, is amended to read:
Subdivision 1. [FORM.] A voter registration application must be
of suitable size and weight for mailing and contain spaces for the following
required information: voter's first name, middle name, and last name; voter's
previous name, if any; voter's current address; voter's previous address, if any;
voter's date of birth; voter's municipality and county of residence; voter's
telephone number, if provided by the voter; date of registration; current and
valid Minnesota driver's license number or Minnesota state identification
number, or if the voter has no current and valid Minnesota driver's license or
Minnesota state identification, the last four digits of the voter's Social
Security number; and voter's signature. The registration application may
include the voter's e-mail address, if provided by the voter, and the voter's
interest in serving as an election judge, if indicated by the voter. The
application must also contain the following certification of voter eligibility:
"I certify that I:
(1) will be at least 18 years old on election day;
(2) am a citizen of the United States;
(3) will have resided in Minnesota for 20 days immediately
preceding election day;
(4) maintain residence at the address given on the registration
form;
(5) am not under court-ordered guardianship of the person
where I have not retained the in which the court order revokes my
right to vote;
(6) have not been found by a court to be legally incompetent to
vote;
(7) have not the right to vote because, if I have
been convicted of a felony without having my civil rights restored,
my felony sentence has expired (been completed) or I have been discharged from
my sentence; and
(8) have read and understand the following statement: that
giving false information is a felony punishable by not more than five years
imprisonment or a fine of not more than $10,000, or both."
The certification must include boxes for the voter to respond
to the following questions:
"(1) Are you a citizen of the United States?" and
"(2) Will you be 18 years old on or before election
day?"
And the instruction:
"If you checked 'no' to either of these questions, do not
complete this form."
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The form of the voter
registration application and the certification of voter eligibility must be as
provided in this subdivision and approved by the secretary of state. Voter
registration forms authorized by the National Voter Registration Act may
must also be accepted as valid. The federal postcard application form
must also be accepted as valid if it is not deficient and the voter is eligible
to register in Minnesota.
An individual may use a voter registration application to apply
to register to vote in Minnesota or to change information on an existing
registration.
Sec. 17. Minnesota Statutes 2004, section 201.091, subdivision
4, is amended to read:
Subd. 4. [PUBLIC INFORMATION LISTS.] The county auditor shall
make available for inspection a public information list which must contain the
name, address, year of birth, and voting history of each registered voter in
the county. The telephone number must be included on the list if provided by
the voter. The public information list may also include information on voting
districts. The county auditor may adopt reasonable rules governing access to
the list. No individual inspecting the public information list shall tamper
with or alter it in any manner. No individual who inspects the public
information list or who acquires a list of registered voters prepared from the
public information list may use any information contained in the list for
purposes unrelated to elections, political activities, or law enforcement. The
secretary of state may provide copies of the public information lists and other
information from the statewide registration system for uses related to
elections, political activities, or in response to a law enforcement inquiry
from a public official concerning a failure to comply with any criminal statute
or any state or local tax statute.
Before inspecting the public information list or obtaining a
list of voters or other information from the list, the individual shall provide
identification to the public official having custody of the public information
list and shall state in writing that any information obtained from the list
will not be used for purposes unrelated to elections, political activities, or
law enforcement. Requests to examine or obtain information from the public
information lists or the statewide registration system must be made and
processed in the manner provided in the rules of the secretary of state.
Upon receipt of a written request and a copy of the court
order statement signed by the voter that withholding the voter's name
from the public information list is required for the safety of the voter or the
voter's family, the secretary of state and county auditor must
withhold from the public information list the name of any a
registered voter placed under court-ordered protection.
Sec. 18. Minnesota Statutes 2004, section 201.091, subdivision
5, is amended to read:
Subd. 5. [COPY OF LIST TO REGISTERED VOTER.] The county
auditors and the secretary of state shall provide copies of the public
information lists in electronic or other media to any voter registered in
Minnesota within ten days of receiving a written or electronic request
accompanied by payment of the cost of reproduction. The county auditors and the
secretary of state shall make a copy of the list available for public
inspection without cost. An individual who inspects or acquires a copy of a
public information list may not use any information contained in it for
purposes unrelated to elections, political activities, or law enforcement.
Sec. 19. Minnesota Statutes 2004, section 201.15, is amended to
read:
201.15 [DISTRICT JUDGE, REPORT GUARDIANSHIPS AND COMMITMENTS.]
Subdivision 1. [GUARDIANSHIPS AND INCOMPETENTS.] Pursuant to
the Help America Vote Act of 2002, Public Law 107-252, the state court
administrator shall report monthly by electronic means to the secretary of
state the name, address, and date of birth of each individual 18 years of age
or over, who during the month preceding the date of the report:
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(a) was placed under a
guardianship of the person in which the court order provides that the
ward does not retain revokes the ward's right to vote; or
(b) was adjudged legally incompetent.
The court administrator shall also report the same information
for each individual transferred to the jurisdiction of the court who meets a
condition specified in clause (a) or (b). The secretary of state shall
determine if any of the persons in the report is registered to vote and shall
prepare a list of those registrants for the county auditor. The county auditor
shall change the status on the record in the statewide registration system of
any individual named in the report to indicate that the individual is not
eligible to reregister or vote.
Subd. 2. [RESTORATION TO CAPACITY GUARDIANSHIP
TERMINATION OR MODIFICATION.] Pursuant to the Help America Vote Act of
2002, Public Law 107-252, the state court administrator shall report monthly by
electronic means to the secretary of state the name, address, and date of birth
of each individual transferred from whose guardianship to
conservatorship or who is restored to capacity by the court was modified
to restore the ward's right to vote or whose guardianship was terminated by
order of the court under section 524.5-317 after being ineligible to vote
for any of the reasons specified in subdivision 1. The secretary of state shall
determine if any of the persons in the report is registered to vote and shall
prepare a list of those registrants for the county auditor. The county auditor
shall change the status on the voter's record in the statewide registration
system to "active."
Sec. 20. Minnesota Statutes 2004, section 203B.01, subdivision
3, is amended to read:
Subd. 3. [MILITARY.] "Military" means the Army, Navy,
Air Force, Marine Corps, Coast Guard or Merchant Marine of the United States,
and all other uniformed services as defined in United States Code, title 42,
section 1973ff-6.
Sec. 21. Minnesota Statutes 2004, section 203B.04, subdivision
1, is amended to read:
Subdivision 1. [APPLICATION PROCEDURES.] Except as otherwise
allowed by subdivision 2, an application for absentee ballots for any election
may be submitted at any time not less than one day before the day of that
election. The county auditor shall prepare absentee ballot application forms in
the format provided in the rules of by the secretary of state,
notwithstanding rules on absentee ballot forms, and shall furnish them to
any person on request. By January 1 of each even-numbered year, the
secretary of state shall make the forms to be used available to auditors
through electronic means. An application submitted pursuant to this
subdivision shall be in writing and shall be submitted to:
(a) the county auditor of the county where the applicant
maintains residence; or
(b) the municipal clerk of the municipality, or school district
if applicable, where the applicant maintains residence.
An application shall be approved if it is timely received,
signed and dated by the applicant, contains the applicant's name and residence
and mailing addresses, and states that the applicant is eligible to vote by
absentee ballot for one of the reasons specified in section 203B.02. The
application may contain a request for the voter's date of birth, which must not
be made available for public inspection. An application may be submitted to the
county auditor or municipal clerk by an electronic facsimile device. An
application mailed or returned in person to the county auditor or municipal
clerk on behalf of a voter by a person other than the voter must be deposited
in the mail or returned in person to the county auditor or municipal clerk
within ten days after it has been dated by the voter and no later than six days
before the election. The absentee ballot applications or a list of persons
applying for an absentee allot may not be made available for public inspection
until the close of voting on election day.
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An application under this
subdivision may contain an application under subdivision 5 to automatically
receive an absentee ballot application.
Sec. 22. Minnesota Statutes 2004, section
203B.04, subdivision 4, is amended to read:
Subd. 4. [REGISTRATION AT TIME OF
APPLICATION.] An eligible voter who is not registered to vote but who is
otherwise eligible to vote by absentee ballot may register by including a
completed voter registration card with the absentee ballot. The individual
shall present proof of residence as required by section 201.061, subdivision 3,
to the individual who witnesses the marking of the absentee ballots. A
military voter, as defined in section 203B.01, may register in this manner if
voting pursuant to sections 203B.04 to 203B.15, or may register pursuant to
sections 203B.16 to 203B.27.
Sec. 23. Minnesota Statutes 2004, section
203B.04, is amended by adding a subdivision to read:
Subd. 6. [ONGOING ABSENTEE STATUS;
TERMINATION.] (a) An eligible voter may apply to a county auditor or
municipal clerk for status as an ongoing absentee voter who reasonably expects
to meet the requirements of section 203B.02, subdivision 1. Each applicant must
automatically be provided with an absentee ballot application for each ensuing
election other than an election by mail conducted under section 204B.45, and
must have the status of ongoing absentee voter indicated on the voter's
registration record.
(b) Ongoing absentee voter status ends
on:
(1) the voter's written request;
(2) the voter's death;
(3) return of an ongoing absentee
ballot as undeliverable;
(4) a change in the voter's status so
that the voter is not eligible to vote under section 201.15 or 201.155; or
(5) placement of the voter's
registration on inactive status under section 201.171.
Sec. 24. Minnesota Statutes 2004, section
203B.07, subdivision 2, is amended to read:
Subd. 2. [DESIGN OF ENVELOPES.] The return
envelope shall be of sufficient size to conveniently enclose and contain the
ballot envelope and a voter registration card folded along its perforations.
The return envelope shall be designed to open on the left-hand end.
Notwithstanding any rule to the contrary, the return envelope must be designed
in one of the following ways:
(1) it must be of sufficient size to
contain an additional envelope that when sealed, conceals the signature,
identification, and other information; or
(2) it must provide an additional flap
that when sealed, conceals the signature, identification, and other
information. Election officials may open the flap or the additional envelope at
any time after receiving the returned ballot to inspect the returned
certificate for completeness or to ascertain other information. A
certificate of eligibility to vote by absentee ballot shall be printed on the right
hand three-fourths of the back of the envelope. The certificate shall
contain a statement to be signed and sworn by the voter indicating that the
voter meets all of the requirements established by law for voting by absentee
ballot. The certificate shall also contain a statement signed by a person who
is registered to vote in Minnesota or by a notary public or other individual
authorized to administer oaths stating that:
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(a) the ballots were displayed
to that individual unmarked;
(b) the voter marked the ballots in that individual's
presence without showing how they were marked, or, if the voter was physically
unable to mark them, that the voter directed another individual to mark them;
and
(c) if the voter was not previously
registered, the voter has provided proof of residence as required by section
201.061, subdivision 3.
The county auditor or municipal clerk
shall affix first class postage to the return envelopes.
Sec. 25. Minnesota Statutes 2004, section
203B.11, subdivision 1, is amended to read:
Subdivision 1. [GENERALLY.] Each full-time
municipal clerk or school district clerk who has authority under section
203B.05 to administer absentee voting laws shall designate election judges to
deliver absentee ballots in accordance with this section. The county auditor may
must also designate election judges to perform the duties in this
section. A ballot may be delivered only to an eligible voter who is a temporary
or permanent resident or patient in a health care facility or hospital located
in the municipality in which the voter maintains residence. The ballots shall
be delivered by two election judges, each of whom is affiliated with a
different major political party. When the election judges deliver or return
ballots as provided in this section, they shall travel together in the same
vehicle. Both election judges shall be present when an applicant completes the
certificate of eligibility and marks the absentee ballots, and may assist an
applicant as provided in section 204C.15. The election judges shall deposit the
return envelopes containing the marked absentee ballots in a sealed container
and return them to the clerk on the same day that they are delivered and
marked.
Sec. 26. Minnesota Statutes 2004, section
203B.12, subdivision 2, is amended to read:
Subd. 2. [EXAMINATION OF RETURN
ENVELOPES.] Two or more election judges shall examine each return envelope and
shall mark it accepted or rejected in the manner provided in this subdivision.
If a ballot has been prepared under section 204B.12, subdivision 2a, or
204B.41, the election judges shall not begin removing ballot envelopes from the
return envelopes until 8:00 p.m. on election day, either in the polling place
or at an absentee ballot board established under section 203B.13.
The election judges shall mark the return
envelope "Accepted" and initial or sign the return envelope below the
word "Accepted" if the election judges or a majority of them are
satisfied that:
(1) the voter's name and address on the
return envelope are the same as the information provided on the absentee ballot
application;
(2) the voter's signature on the return
envelope is the genuine signature of the individual who made the application
for ballots and the certificate has been completed as prescribed in the
directions for casting an absentee ballot, except that if a person other
than the voter applied for the absentee ballot under applicable Minnesota
Rules, the signature is not required to match;
(3) the voter is registered and eligible
to vote in the precinct or has included a properly completed voter registration
application in the return envelope; and
(4) the voter has not already voted at
that election, either in person or by absentee ballot.
There is no other reason for rejecting
an absentee ballot. In particular, failure to place the envelope within the
security envelope before placing it in the outer white envelope is not a reason
to reject an absentee ballot.
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The return envelope from
accepted ballots must be preserved and returned to the county auditor.
If all or a majority of the election
judges examining return envelopes find that an absent voter has failed to meet
one of the requirements prescribed in clauses (1) to (4), they shall mark the
return envelope "Rejected," initial or sign it below the word
"Rejected," and return it to the county auditor.
Sec. 27. Minnesota Statutes 2004, section
203B.20, is amended to read:
203B.20 [CHALLENGES.]
Except as provided in this section, the
eligibility or residence of a voter whose application for absentee ballots is
recorded under section 203B.19 may be challenged in the manner set forth by
section 201.195. The county auditor or municipal clerk shall not be required to
serve a copy of the petition and notice of hearing on the challenged voter.
If the absentee ballot application was submitted on behalf of a voter by an
individual authorized under section 203B.17, subdivision 1, paragraph (a), the
county auditor must attempt to notify the individual who submitted the
application of the challenge. The county auditor may contact other registered
voters to request information that may resolve any discrepancies appearing in
the application. All reasonable doubt shall be resolved in favor of the
validity of the application. If the voter's challenge is affirmed, the county
auditor shall provide the challenged voter with a copy of the petition and the
decision and shall inform the voter of the right to appeal as provided in
section 201.195.
Sec. 28. Minnesota Statutes 2004, section
203B.21, subdivision 1, is amended to read:
Subdivision 1. [FORM.] Absentee ballots
under sections 203B.16 to 203B.27 shall conform to the requirements of the
Minnesota Election Law, except that modifications in the size or form of
ballots or envelopes may be made if necessary to satisfy the requirements of
the United States postal service. The return envelope must be designed in
one of the following ways:
(1) it must be of sufficient size to
contain an additional envelope that when sealed, conceals the signature,
identification, and other information; or
(2) it must provide an additional flap
that when sealed, conceals the signature, identification, and other
information.
The flap or
the additional envelope must be perforated to permit election officials to
inspect the returned certificate for completeness or to ascertain other
information at any time after receiving the returned ballot without opening the
return envelope.
Sec. 29. Minnesota Statutes 2004, section
203B.21, subdivision 3, is amended to read:
Subd. 3. [BACK OF RETURN ENVELOPE.] On the
back of the return envelope an affidavit form shall appear with space for:
(a) The voter's address of present or
former residence in Minnesota;
(b) A statement indicating the category
described in section 203B.16 to which the voter belongs;
(c) A statement that the voter has not
cast and will not cast another absentee ballot in the same election or
elections;
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(d) A statement that the voter
personally marked the ballots without showing them to anyone, or if physically
unable to mark them, that the voter directed another individual to mark them;
and
(e) The voter's military identification
card number, passport number, or, if the voter does not have a valid passport
or identification card, the signature and certification of an individual
authorized to administer oaths under federal law or the law of the place
where the oath was administered or a commissioned or noncommissioned
officer personnel of the military not below the rank of sergeant
or its equivalent.
The affidavit shall also contain a
signed and dated oath in the form required by section 705 of the Help America
Vote Act, Public Law 107-252, which must read:
"I swear or affirm, under penalty
of perjury, that:
I am a member of the uniformed services
or merchant marine on active duty or an eligible spouse or dependent of such a
member; a United States citizen temporarily residing outside the United States;
or other United States citizen residing outside the United States; and I am a
United States citizen, at least 18 years of age (or will be by the date of the
election), and I am eligible to vote in the requested jurisdiction; I have not
been convicted of a felony, or other disqualifying offense, or been adjudicated
mentally incompetent, or, if so, my voting rights have been reinstated; and I
am not registering, requesting a ballot, or voting in any other jurisdiction in
the United States except the jurisdiction cited in this voting form. In voting,
I have marked and sealed my ballot in private and have not allowed any person
to observe the marking of the ballot, except for those authorized to assist
voters under state or federal law. I have not been influenced.
My signature and date below indicate
when I completed this document.
The information on this form is true,
accurate, and complete to the best of my knowledge. I understand that a
material misstatement of fact in completion of this document may constitute
grounds for a conviction for perjury."
Sec. 30. Minnesota Statutes 2004, section
203B.24, subdivision 1, is amended to read:
Subdivision 1. [CHECK OF VOTER
ELIGIBILITY; PROPER EXECUTION OF AFFIDAVIT.] Upon receipt of an absentee ballot
returned as provided in sections 203B.16 to 203B.27, the election judges shall
compare the voter's name with the names appearing on their copy of the
application records to insure that the ballot is from a voter eligible to cast
an absentee ballot under sections 203B.16 to 203B.27. Any discrepancy or
disqualifying fact shall be noted on the envelope by the election judges. The
election judges shall mark the return envelope "Accepted" and initial
or sign the return envelope below the word "Accepted" if the election
judges are satisfied that:
(1) the voter's name on the return
envelope appears in substantially the same form as on the application records
provided to the election judges by the county auditor;
(2) the voter has signed the federal
oath prescribed pursuant to section 705(b)(2) of the Help America Vote Act,
Public Law 107-252;
(3) the voter has set forth the voter's
military identification number or passport number or, if those numbers do not
appear, a person authorized to administer oaths under federal law or the law of
the place where the oath was administered or a witness who is military
personnel with a rank at or above the rank of sergeant or its equivalent has
signed the ballot; and
(4) the voter has not already voted at
that election, either in person or by absentee ballot.
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An absentee ballot case
pursuant to sections 203B.16 to 203B.27 may only be rejected for the lack of
one of clauses (1) to (4). In particular, failure to place the envelope within
the security envelope before placing it in the outer white envelope is not a reason
to reject an absentee ballot.
Election judges must note the reason
for rejection on the back of the envelope in the space provided for that
purpose.
Failure to return unused ballots shall not
invalidate a marked ballot, but a ballot shall not be counted if the affidavit
on the return envelope is not properly executed. In all other respects the
provisions of the Minnesota Election Law governing deposit and counting of
ballots shall apply.
Sec. 31. Minnesota Statutes 2004, section
204B.06, subdivision 1, is amended to read:
Subdivision 1. [FORM OF AFFIDAVIT.] (a)
An affidavit of candidacy shall state the name of the office sought and,
except as provided in subdivision 4, shall state that the candidate:
(1) is an eligible voter;
(2) has no other affidavit on file as a
candidate for any office at the same primary or next ensuing general election,
except that a candidate for soil and water conservation district supervisor in
a district not located in whole or in part in Anoka, Hennepin, Ramsey, or
Washington County, may also have on file an affidavit of candidacy for mayor or
council member of a statutory or home rule charter city of not more than 2,500
population contained in whole or in part in the soil and water conservation
district or for town supervisor in a town of not more than 2,500 population
contained in whole or in part in the soil and water conservation district; and
(3) is, or will be on assuming the office,
21 years of age or more, and will have maintained residence in the district
from which the candidate seeks election for 30 days before the general
election.
An affidavit of candidacy must include a
statement that the candidate's name as written on the affidavit for ballot
designation is the candidate's true name or the name by which the candidate is
commonly and generally known in the community.
An affidavit of candidacy for partisan
office shall also state the name of the candidate's political party or
political principle, stated in three words or less.
(b) Candidates for president or
vice-president of the United States are not required to file an affidavit of
candidacy for office and this subdivision does not apply to those candidates.
Sec. 32. Minnesota Statutes 2004, section
204B.06, subdivision 4, is amended to read:
Subd. 4. [PARTICULAR FEDERAL
OFFICES.] Candidates for president or vice-president of the United States
are not required to file an affidavit of candidacy for office. Candidates
who seek nomination for the following offices office of United States
senator or representative shall state the following additional
information on the affidavit:
(a) (1) for United States
senator, that the candidate will be an inhabitant of this state when elected
and will be 30 years of age or older and a citizen of the United States for
not less than nine years on the next January 3 or, in the case of an election
to fill a vacancy, within 21 days after the special election; and
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(b) (2) for United
States representative, that the candidate will be an inhabitant of this
state when elected and will be 25 years of age or older and a citizen of
the United States for not less than seven years on the next January 3 or, in
the case of an election to fill a vacancy, within 21 days after the special
election;.
Subd. 4a. [STATE AND LOCAL
OFFICES.] Candidates who seek nomination for the following offices shall
state the following additional information on the affidavit:
(c) (1) for governor or
lieutenant governor, that on the first Monday of the next January the candidate
will be 25 years of age or older and, on the day of the state general election,
a resident of Minnesota for not less than one year;
(d) (2) for Supreme Court
justice, Court of Appeals judge, or district court judge, that the candidate is
learned in the law;
(e) (3) for county,
municipal, school district, or special district office, that the candidate
meets any other qualifications for that office prescribed by law;
(f) (4) for senator or
representative in the legislature, that on the day of the general or special
election to fill the office the candidate will have resided not less than one
year in the state and not less than six months in the legislative district from
which the candidate seeks election.
Sec. 33. Minnesota Statutes 2004, section
204B.10, subdivision 6, is amended to read:
Subd. 6. [INELIGIBLE VOTER.] Upon receipt
of a certified copy of a final judgment or order of a court of competent
jurisdiction that a person who has filed an affidavit of candidacy or who has
been nominated by petition:
(1) has been convicted of treason or a
felony and the person's civil rights have not been restored;
(2) is under guardianship of the person
in which the court order revokes the ward's right to vote; or
(3) has been found by a court of law to be
legally incompetent;
the filing
officer shall notify the person by certified mail at the address shown on the
affidavit or petition, and, for offices other than President of the United
States, Vice President of the United States, United States Senator, and United
States Representative in Congress, shall not certify the person's name to
be placed on the ballot. The actions of a filing officer under this subdivision
are subject to judicial review under section 204B.44.
Sec. 34. Minnesota Statutes 2004, section
204B.14, subdivision 2, is amended to read:
Subd. 2. [SEPARATE PRECINCTS; COMBINED
POLLING PLACE.] (a) The following shall constitute at least one election
precinct:
(1) each city ward; and
(2) each town and each statutory city.
(b) A single, accessible, combined polling
place may be established no later than June 1 of any year:
(1) for any city of the third or fourth
class, any town, or any city having territory in more than one county, in which
all the voters of the city or town shall cast their ballots;
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(2) for two contiguous precincts
in the same municipality that have a combined total of fewer than 500
registered voters; or
(3) for up to four contiguous municipalities
located entirely outside the metropolitan area, as defined by section 473.121,
subdivision 2 200.02, subdivision 24, that are contained in the same
county.
A copy of the ordinance or resolution
establishing a combined polling place must be filed with the county auditor
within 30 days after approval by the governing body. A polling place combined
under clause (3) must be approved by the governing body of each participating
municipality. A municipality withdrawing from participation in a combined
polling place must do so by filing a resolution of withdrawal with the county
auditor no later than May 1 of any year.
The secretary of state shall provide a
separate polling place roster for each precinct served by the combined polling
place. A single set of election judges may be appointed to serve at a combined
polling place. The number of election judges required must be based on the
total number of persons voting at the last similar election in all precincts to
be voting at the combined polling place. Separate ballot boxes must be provided
for the ballots from each precinct. The results of the election must be
reported separately for each precinct served by the combined polling place,
except in a polling place established under clause (2) where one of the
precincts has fewer than ten registered voters, in which case the results of
that precinct must be reported in the manner specified by the secretary of
state.
Sec. 35. Minnesota Statutes 2004, section
204B.16, subdivision 1, is amended to read:
Subdivision 1. [AUTHORITY; LOCATION.] The
governing body of each municipality and of each county with precincts in
unorganized territory shall designate by ordinance or resolution a polling
place for each election precinct. Polling places must be designated and ballots
must be distributed so that no one is required to go to more than one polling
place to vote in a school district and municipal election held on the same day.
The polling place for a precinct in a city or in a school district located in whole
or in part in the metropolitan area defined by section 473.121 200.02,
subdivision 24, shall be located within the boundaries of the precinct or
within 3,000 feet of one of those boundaries unless a single polling place is
designated for a city pursuant to section 204B.14, subdivision 2, or a school
district pursuant to section 205A.11. The polling place for a precinct in
unorganized territory may be located outside the precinct at a place which is
convenient to the voters of the precinct. If no suitable place is available
within a town or within a school district located outside the metropolitan area
defined by section 473.121 200.02, subdivision 24, then the
polling place for a town or school district may be located outside the town or
school district within five miles of one of the boundaries of the town or
school district.
Sec. 36. Minnesota Statutes 2004, section
204B.16, subdivision 5, is amended to read:
Subd. 5. [ACCESS BY ELDERLY AND HANDICAPPED
PERSONS WITH DISABILITIES.] Each polling place shall be accessible to
and usable by elderly individuals and physically handicapped
individuals with disabilities. A polling place is deemed to be
accessible and usable if it complies with the standards in paragraphs (a) to
(f).
(a) At least one set of doors must have a
minimum width of 31 32 inches if the doors must be used to enter
or leave the polling place.
(b) Any curb adjacent to the main entrance
to a polling place must have curb cuts or temporary ramps. Where the main
entrance is not the accessible entrance, any curb adjacent to the accessible
entrance must also have curb cuts or temporary ramps.
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(c) Where the main entrance is
not the accessible entrance, a sign shall be posted at the main entrance giving
directions to the accessible entrance.
(d) At least one set of stairs must have a
temporary handrail and ramp if stairs must be used to enter or leave the
polling place.
(e) No barrier in the polling place may
impede the path of the physically handicapped persons with
disabilities to the voting booth.
(f) At least one handicapped
parking space for persons with disabilities, which may be temporarily so
designated by the municipality for the day of the election, must be available
near the accessible entrance.
The doorway, handrails, ramps, and
handicapped parking provided pursuant to this subdivision must conform to the
standards specified in the State Building Code for accessibility by handicapped
persons with disabilities.
A governing body shall designate as
polling places only those places which meet the standards prescribed in this
subdivision unless no available place within a precinct is accessible or can be
made accessible.
Sec. 37. Minnesota Statutes 2004, section
204B.18, subdivision 1, is amended to read:
Subdivision 1. [BOOTHS; VOTING STATIONS.]
Each polling place must contain a number of voting booths or voting stations
in proportion to the number of individuals eligible to vote in the precinct.
Each booth or station must be at least six feet high, three feet deep
and two feet wide with a shelf at least two feet long and one foot wide placed
at a convenient height for writing. The booth or station shall be
provided with a door or curtains permit the voter to vote privately and
independently. Each accessible polling place must have at least one
accessible voting booth or other accessible voting station and beginning
with federal and state elections held after December 31, 2005, and county,
municipal, and school district elections held after December 31, 2007, one
voting system that conforms to section 301(a)(3)(B) of the Help America Vote
Act, Public Law 107-252. All booths or stations must be constructed so that
a voter is free from observation while marking ballots. In all other polling
places every effort must be made to provide at least one accessible voting
booth or other accessible voting station. During the hours of voting, the
booths or stations must have instructions, a pencil, and other supplies needed
to mark the ballots. If needed, A chair must be provided for elderly and
handicapped voters and voters with disabilities to use while voting or
waiting to vote. Stable flat writing surfaces must also be made available to
voters who are completing election-related forms. All ballot boxes, voting
booths, voting stations, and election judges must be in open public view in the
polling place.
Sec. 38. Minnesota Statutes 2004, section
204B.24, is amended to read:
204B.24 [ELECTION JUDGES; OATH.]
Each election judge shall sign the
following oath before assuming the duties of the office:
"I .......... solemnly swear that I
will perform the duties of election judge according to law and the best of my
ability and will diligently endeavor to prevent fraud, deceit and abuse in
conducting this election. I will perform my duties in a fair and impartial
manner and not attempt to create an advantage for my party or for any
candidate."
The oath shall be attached to the summary
statement of the election returns of that precinct. If there is no individual
present who is authorized to administer oaths, the election judges may
administer the oath to each other.
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Sec. 39. Minnesota Statutes
2004, section 204B.27, subdivision 1, is amended to read:
Subdivision 1. [BLANK FORMS.] At least 25
14 days before every state election the secretary of state shall
transmit to each county auditor a sufficient number of blank county abstract
forms and other examples of any blank forms to be used as the
secretary of state deems necessary for the conduct of the election. County
abstract forms may be provided to auditors electronically via the Minnesota
State Election Reporting System maintained by the secretary of state, and must
be available at least one week prior to the election.
Sec. 40. Minnesota Statutes 2004, section
204C.05, subdivision 1a, is amended to read:
Subd. 1a. [ELECTIONS; ORGANIZED TOWN.] The
governing body of a town with less than 500 inhabitants according to the most
recent federal decennial census, which is located outside the metropolitan area
as defined in section 473.121 200.02, subdivision 2 24,
may fix a later time for voting to begin at state primary, special, or general
elections, if approved by a vote of the town electors at the annual town
meeting. The question of shorter voting hours must be included in the notice of
the annual town meeting before the question may be submitted to the electors at
the meeting. The later time may not be later than 10:00 a.m. for special,
primary, or general elections. The town clerk shall either post or publish
notice of the changed hours and notify the county auditor of the change 30 days
before the election.
Sec. 41. Minnesota Statutes 2004, section
204C.06, subdivision 2, is amended to read:
Subd. 2. [INDIVIDUALS ALLOWED IN POLLING
PLACE; IDENTIFICATION.] (a) Representatives of the secretary of state's
office, the county auditor's office, and the municipal or school district
clerk's office may be present at the polling place to observe election
procedures. Except for these representatives, election judges,
sergeants-at-arms, and challengers, an individual may remain inside the polling
place during voting hours only while voting or registering to vote, providing
proof of residence for an individual who is registering to vote, or assisting a
handicapped voter or a voter who is unable to read English. During voting hours
no one except individuals receiving, marking, or depositing ballots shall
approach within six feet of a voting booth, unless lawfully authorized to do so
by an election judge.
(b) Teachers and elementary or secondary
school students participating in an educational activity authorized by section
204B.27, subdivision 7, may be present at the polling place during voting
hours.
(c) Each official on duty in the
polling place must wear an identification badge that shows their role in the
election process. The badge must not show their party affiliation.
Sec. 42. Minnesota Statutes 2004, section
204C.07, is amended by adding a subdivision to read:
Subd. 3a. [RESIDENCE REQUIREMENT.] A
challenger must be a resident of this state.
Sec. 43. Minnesota Statutes 2004, section
204C.07, subdivision 4, is amended to read:
Subd. 4. [RESTRICTIONS ON CONDUCT.] An
election judge may not be appointed as a challenger. The election judges
shall permit challengers appointed pursuant to this section to be present in
the polling place during the hours of voting and to remain there until the
votes are counted and the results declared. No challenger shall handle or
inspect registration cards, files, or lists. Challengers shall not prepare in
any manner any list of individuals who have or have not voted. They shall not
attempt to influence voting in any manner. They shall not converse with a voter
except to determine, in the presence of an election judge, whether the voter is
eligible to vote in the precinct.
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Sec. 44. Minnesota Statutes
2004, section 204C.08, subdivision 1a, is amended to read:
Subd. 1a. [VOTER'S BILL OF RIGHTS.] The
county auditor shall prepare and provide to each polling place sufficient
copies of a poster setting forth the Voter's Bill of Rights as set forth in
this section. Before the hours of voting are scheduled to begin, the election
judges shall post it in a conspicuous location or locations in the polling
place. The Voter's Bill of Rights is as follows:
"VOTER'S BILL OF RIGHTS
For all persons residing in this state who
meet federal voting eligibility requirements:
(1) You have the right to be absent from
work for the purpose of voting during the morning of election day.
(2) If you are in line at your polling
place any time between 7:00 a.m. and 8:00 p.m., you have the right to vote.
(3) If you can provide the required proof
of residence, you have the right to register to vote and to vote on election
day.
(4) If you are unable to sign your name,
you have the right to orally confirm your identity with an election judge and
to direct another person to sign your name for you.
(5) You have the right to request special
assistance when voting.
(6) If you need assistance, you may be
accompanied into the voting booth by a person of your choice, except by an
agent of your employer or union or a candidate.
(7) You have the right to bring your minor
children into the polling place and into the voting booth with you.
(8) If you have been convicted of a felony
but your civil rights have been restored your felony sentence has
expired (been completed) or you have been discharged from your sentence,
you have the right to vote.
(9) If you are under a guardianship,
you have the right to vote, unless the court order revokes your right to vote.
(10) You have the right to vote
without anyone in the polling place trying to influence your vote.
(10) (11) If you make a
mistake or spoil your ballot before it is submitted, you have the right to
receive a replacement ballot and vote.
(11) (12) You have the right
to file a written complaint at your polling place if you are dissatisfied with
the way an election is being run.
(12) (13) You have the right
to take a sample ballot into the voting booth with you.
(13) (14) You have the right
to take a copy of this Voter's Bill of Rights into the voting booth with
you."
Sec. 45. Minnesota Statutes 2004, section
204C.10, is amended to read:
204C.10 [PERMANENT REGISTRATION;
VERIFICATION OF REGISTRATION.]
(a) An individual seeking to vote shall sign a polling place
roster which states that the individual is at least 18 years of age, a citizen of
the United States, has resided in Minnesota for 20 days immediately preceding
the election, maintains residence at the address shown, is not under a
guardianship in which the individual has not retained court order
revokes the individual's right to vote, has not been found by a
court of law to be legally incompetent to vote or
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convicted of a
felony without having civil rights restored, is registered and has not already
voted in the election. The roster must also state: "I understand that
deliberately providing false information is a felony punishable by not more
than five years imprisonment and a fine of not more than $10,000, or
both."
(b) A judge may, before the applicant signs the roster, confirm
the applicant's name, address, and date of birth.
(c) After the applicant signs the roster, the judge shall give
the applicant a voter's receipt. The voter shall deliver the voter's receipt to
the judge in charge of ballots as proof of the voter's right to vote, and
thereupon the judge shall hand to the voter the ballot. The voters' receipts
must be maintained during the time for notice of filing an election contest.
Sec. 46. Minnesota Statutes 2004, section 204C.12, subdivision
2, is amended to read:
Subd. 2. [STATEMENT OF GROUNDS; OATH.] The challenger shall
state the ground for the challenge, and A challenger must be a resident
of this state. The secretary of state shall prepare a form that challengers
must complete and sign when making a challenge. The form must include space to
state the ground for the challenge, a statement that the challenge is based on
the challenger's personal knowledge, and a statement that the challenge is made
under oath. The form must include a space for the challenger's printed name,
signature, telephone number, and address.
An election judge shall administer to the challenged individual
the following oath:
"Do you solemnly swear that you will fully and truly
answer all questions put to you concerning your eligibility to vote at this
election?"
The election judge shall then ask the challenged individual
sufficient questions to test that individual's residence and right to vote.
Sec. 47. Minnesota Statutes 2004, section 204C.24, subdivision
1, is amended to read:
Subdivision 1. [INFORMATION REQUIREMENTS.] Precinct summary
statements shall be submitted by the election judges in every precinct. For state
all elections, the election judges shall complete three or more copies
of the summary statements, and each copy shall contain the following
information for each kind of ballot:
(a) the number of votes each candidate received or the number
of yes and no votes on each question, the number of undervotes or partially
blank ballots, and the number of overvotes or partially defective ballots with
respect to each office or question;
(b) the number of totally blank ballots, the number of totally
defective ballots, the number of spoiled ballots, and the number of unused
ballots;
(c) the number of individuals who voted at the election in the
precinct;
(d) the number of voters registering on election day in that
precinct; and
(e) the signatures of the election judges who counted the
ballots certifying that all of the ballots cast were properly piled, checked,
and counted; and that the numbers entered by the election judges on the summary
statements correctly show the number of votes cast for each candidate and for
and against each question.
At least two copies of the summary statement must be prepared
for elections not held on the same day as the state elections.
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Sec. 48. Minnesota Statutes
2004, section 204C.28, subdivision 1, is amended to read:
Subdivision 1. [COUNTY AUDITOR.] Every
county auditor shall remain at the auditor's office to receive delivery of the
returns, to permit public inspection of the summary statements, and to tabulate
the votes until all have been tabulated and the results made known, or until 24
hours have elapsed since the end of the hours for voting, whichever occurs first.
Every county auditor shall, in the presence of the municipal clerk or the
election judges who deliver the returns, make a record of all materials
delivered, the time of delivery, and the names of the municipal clerk or
election judges who made delivery. The county auditor shall file the record and
all envelopes containing ballots in a safe and secure place with envelope seals
unbroken. Access to the record and ballots shall be strictly controlled.
Accountability and a record of access shall be maintained by the county auditor
during the period for contesting elections or, if a contest is filed, until the
contest has been finally determined. Thereafter, the record shall be retained
in the auditor's office for the same period as the ballots as provided in section
204B.40.
The county auditor shall file all
envelopes containing ballots in a safe place with seals unbroken. If the
envelopes were previously opened by proper authority for examination or
recount, the county auditor shall have the envelopes sealed again and signed by
the individuals who made the inspection or recount. The envelopes may be opened
by the county canvassing board if necessary to procure election returns that
the election judges inadvertently may have sealed in the envelopes with the ballots.
In that case, the envelopes shall be sealed again and signed in the same manner
as otherwise provided in this subdivision.
Sec. 49. Minnesota Statutes 2004, section
204C.50, subdivision 1, is amended to read:
Subdivision 1. [SELECTION FOR REVIEW;
NOTICE.] (a) Postelection review under this section must be conducted only
on the election for president, senator or representative in Congress,
constitutional offices, and legislative offices.
(b) The Office of the Secretary of
State shall, within three days after each state general election beginning in
2006, randomly select 80 precincts for postelection review as defined in this
section. The precincts must be selected so that an equal number of precincts
are selected in each congressional district of the state. Of the precincts in
each congressional district, at least five must have had more than 500 votes
cast, and at least two must have had fewer than 500 votes cast. The secretary
of state must promptly provide notices of which precincts are chosen to the
election administration officials who are responsible for the conduct of
elections in those precincts.
(b) (c) One week before the
state general election beginning in 2006, the secretary of state must post on
the office Web site the date, time, and location at which precincts will be
randomly chosen for review under this section. The chair of each major
political party may appoint a designee to observe the random selection process.
Sec. 50. Minnesota Statutes 2004, section
204C.50, subdivision 2, is amended to read:
Subd. 2. [SCOPE AND CONDUCT OF REVIEW.]
Each review is limited to federal and state offices and must consist of at
least the following:
(a) The election officials immediately
responsible for a precinct chosen for review must conduct the following review
and submit the results in writing to the State Canvassing Board before it meets
to canvass the election:
(1) a hand tally of the paper ballots or
electronic ballot marker record, of whatever kind used in that precinct,
for each contested election;
(2) a recount using the actual machine and
software used on election day, if a precinct-count or central-count automated
voting system was used; and
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(3) a comparison of the hand
tally with the reported results for the precinct in the county canvassing board
report, as well as the actual tape of any automated tabulation produced by any
precinct-count or central-count optical scan equipment that may have been used
to tabulate votes cast in that precinct.
(b) The staff of the Office of the
Secretary of State shall conduct or directly supervise a review of the
procedures used by the election officials at all levels for a precinct chosen
for review, including an inspection of the materials retained for the official
22-month retention period, such as the rosters, the incident log, and the
ballots themselves. The staff must submit a written report to the secretary of
state before the next regularly scheduled meeting of the State Canvassing
Board.
Sec. 51. Minnesota Statutes 2004, section
204D.03, is amended by adding a subdivision to read:
Subd. 3. [EXCEPTION; CERTAIN
PARTISAN CANDIDATES.] (a) If no more than one candidate files for nomination
by a major political party for a partisan office, the candidate who filed must
be declared the nominee upon the close of filing. If every candidate for a partisan
office has been declared the nominee upon the close of filing, the office must
be omitted from the state primary ballot. If all offices, both partisan and
nonpartisan, have been omitted from the state primary ballot in a municipality
or county, the governing body of the municipality or county may decide that the
state primary will not be conducted in that municipality or county.
(b) Within 15 days after the close of
filing, each municipal clerk or county auditor whose governing body has decided
not to conduct the state primary shall post notice that the offices have been
so omitted and the state primary canceled and shall send a copy of the notice
to the secretary of state.
Sec. 52. Minnesota Statutes 2004, section
204D.14, subdivision 3, is amended to read:
Subd. 3. [UNCONTESTED JUDICIAL OFFICES.]
Judicial offices for a specific court for which there is only one
candidate filed must appear after all other judicial offices for that
same court on the canary ballot.
Sec. 53. Minnesota Statutes 2004, section
204D.27, subdivision 5, is amended to read:
Subd. 5. [CANVASS; SPECIAL PRIMARY; STATE
CANVASSING BOARD.] Not later than four days after the returns of the county
canvassing boards are certified to the secretary of state, the State Canvassing
Board shall complete its canvass of the special primary. The secretary of state
shall then promptly certify to the county auditors the names of the nominated
individuals, prepare notices of nomination, and notify each nominee of
the nomination.
Sec. 54. Minnesota Statutes 2004, section
205.175, subdivision 2, is amended to read:
Subd. 2. [METROPOLITAN AREA
MUNICIPALITIES.] The governing body of a municipality which is located within a
metropolitan county as defined by section 473.121 included in the
definition of metropolitan area in section 200.02, subdivision 24, may
designate the time during which the polling places will remain open for voting
at the next succeeding and all subsequent municipal elections, provided that
the polling places shall open no later than 10:00 a.m. and shall close no
earlier than 8:00 p.m. The resolution shall remain in force until it is revoked
by the municipal governing body.
Sec. 55. Minnesota Statutes 2004, section
205A.09, subdivision 1, is amended to read:
Subdivision 1. [METROPOLITAN AREA SCHOOL
DISTRICTS.] At a school district election in a school district located in whole
or in part within a metropolitan county as defined by section 473.121 included
in the definition of metropolitan area in section 200.02, subdivision 24,
the school board, by resolution adopted before giving notice of the election,
may designate the time during which the polling places will remain open for
voting at the next succeeding and all later school district elections. The polling
places must open no later than 10:00 a.m. and close no earlier than 8:00 p.m.
The resolution shall remain in force until it is revoked by the school board.
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Sec. 56. Minnesota Statutes
2004, section 206.57, subdivision 5, is amended to read:
Subd. 5. [VOTING SYSTEM FOR DISABLED
VOTERS.] In federal and state elections held after December 31, 2005, and
in county, municipal, and school district elections held after December 31,
2007, the voting method used in each polling place must include a voting
system that is accessible for individuals with disabilities, including
nonvisual accessibility for the blind and visually impaired in a manner that
provides the same opportunity for access and participation, including privacy
and independence, as for other voters.
Sec. 57. Minnesota Statutes 2004, section
208.03, is amended to read:
208.03 [NOMINATION OF PRESIDENTIAL
ELECTORS.]
Presidential electors for the major
political parties of this state shall be nominated by delegate conventions
called and held under the supervision of the respective state central
committees of the parties of this state. On or before primary election day the
chair of the major political party shall certify to the secretary of state the
names of the persons nominated as presidential electors, the names of eight
alternate presidential electors, and the names of the party candidates for
president and vice-president.
Sec. 58. Minnesota Statutes 2004, section
208.04, subdivision 1, is amended to read:
Subdivision 1. [FORM OF PRESIDENTIAL
BALLOTS.] When presidential electors and alternates are to be voted for,
a vote cast for the party candidates for president and vice-president shall be
deemed a vote for that party's electors and alternates as filed with the
secretary of state. The secretary of state shall certify the names of all duly
nominated presidential and vice-presidential candidates to the county auditors
of the counties of the state. Each county auditor, subject to the rules of the
secretary of state, shall cause the names of the candidates of each major
political party and the candidates nominated by petition to be printed in
capital letters, set in type of the same size and style as for candidates on
the state white ballot, before the party designation. To the left of, and on
the same line with the names of the candidates for president and
vice-president, near the margin, shall be placed a square or box, in which the
voters may indicate their choice by marking an "X."
The form for the presidential ballot and
the relative position of the several candidates shall be determined by the rules
applicable to other state officers. The state ballot, with the required
heading, shall be printed on the same piece of paper and shall be below the
presidential ballot with a blank space between one inch in width.
Sec. 59. Minnesota Statutes 2004, section
208.05, is amended to read:
208.05 [STATE CANVASSING BOARD.]
The State Canvassing Board at its meeting
on the second Tuesday after each state general election shall open and canvass
the returns made to the secretary of state for presidential electors and
alternates, prepare a statement of the number of votes cast for the persons
receiving votes for these offices, and declare the person or persons receiving
the highest number of votes for each office duly elected. When it appears that
more than the number of persons to be elected as presidential electors or
alternates have the highest and an equal number of votes, the secretary of
state, in the presence of the board shall decide by lot which of the persons
shall be declared elected. The governor shall transmit to each person declared
elected a certificate of election, signed by the governor, sealed with the
state seal, and countersigned by the secretary of state.
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Sec. 60. Minnesota Statutes
2004, section 208.06, is amended to read:
208.06 [ELECTORS TO MEET AT CAPITOL; FILLING OF VACANCIES.]
The presidential electors and alternate presidential electors,
before 12:00 M. on the day before that fixed by Congress for the electors to
vote for president and vice-president of the United States, shall notify the
governor that they are at the State Capitol and ready at the proper time to
fulfill their duties as electors. The governor shall deliver to the electors
present a certificate of the names of all the electors. If any elector named
therein fails to appear before 9:00 a.m. on the day, and at the place, fixed
for voting for president and vice-president of the United States, an
alternate, chosen from among the alternates by lot, shall be appointed to act
for that elector. If more than eight alternates are necessary, the electors
present shall, in the presence of the governor, immediately elect by ballot a
person to fill the vacancy. If more than the number of persons required have
the highest and an equal number of votes, the governor, in the presence of the
electors attending, shall decide by lot which of those persons shall be
elected.
Sec. 61. Minnesota Statutes 2004, section 208.07, is amended to
read:
208.07 [CERTIFICATE OF ELECTORS.]
Immediately after the vacancies have been filled, the original
electors and alternates present shall certify to the governor the names
of the persons elected to complete their number, and the governor shall at once
cause written notice to be given to each person elected to fill a vacancy. The
persons so chosen shall be presidential electors and shall meet and act with
the other electors.
Sec. 62. Minnesota Statutes 2004, section 208.08, is amended to
read:
208.08 [ELECTORS TO MEET AT STATE CAPITOL.]
The original, alternate, and substituted presidential
electors, at 12:00 M., shall meet in the executive chamber at the State Capitol
and shall perform all the duties imposed upon them as electors by the
Constitution and laws of the United States and this state.
Each elector, as a condition of having been chosen under the
name of the party of a presidential and a vice-presidential candidate, is
obligated to vote for those candidates. The elector shall speak aloud or affirm
in a nonverbal manner the name of the candidate for president and for
vice-president for whom the elector is voting and then confirm that vote by
written public ballot.
If an elector fails to cast a ballot for the presidential or
vice-presidential candidate of the party under whose name the elector was
chosen, the elector's vote or abstention is invalidated and an alternate
presidential elector, chosen by lot from among the alternates, shall cast a
ballot in the name of the elector for the presidential and vice-presidential
candidate of the party under whose name the elector was chosen. The
invalidation of an elector's vote or abstention on the ballot for president or
vice-president does not apply if the presidential candidate under whose party's
name the elector was chosen has without condition released the elector or has
died or become mentally disabled.
Sec. 63. Minnesota Statutes 2004, section 211B.13, subdivision
1, is amended to read:
Subdivision 1. [BRIBERY, ADVANCING MONEY,
AND TREATING PROHIBITED.] A person who willfully, directly or indirectly,
advances, pays, gives, promises, or lends any money, food, liquor, clothing,
entertainment, or other thing of monetary value, or who offers, promises, or
endeavors to obtain any money, position, appointment, employment, or other
valuable consideration, to or for a person, in order to induce a voter to
refrain from voting, or to vote in a particular way, at an election, is guilty
of a felony. This section does not prevent
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a candidate from
stating publicly preference for or support of another candidate to be voted for
at the same primary or election. Refreshments of food or nonalcoholic beverages
of nominal having a value up to $5 consumed on the
premises at a private gathering or public meeting are not prohibited under this
section.
Sec. 64. Minnesota Statutes 2004, section
383B.151, is amended to read:
383B.151 [FINANCIAL INTEREST FORBIDDEN.]
No official, person authorized to make
purchases, or county employee shall be financially interested, either directly
or indirectly, in any contract or purchase order for any goods, materials,
supplies, equipment or contracted service furnished to or used by any
department, board, commission or agency of the county government. No public
official, person authorized to make purchases, or county employee may accept or
receive, directly or indirectly from any person, firm or corporation to which
any contract or purchase order may be awarded any money or anything of value
whatsoever or any promise, obligation or contract for future reward or
compensation, except as authorized under section 10A.071, subdivision 3, or
471.895, subdivision 3. Any violation of the provisions of this section
shall be a gross misdemeanor.
Sec. 65. Minnesota Statutes 2004, section
447.32, subdivision 4, is amended to read:
Subd. 4. [CANDIDATES; BALLOTS; CERTIFYING
ELECTION.] A person who wants to be a candidate for the hospital board shall
file an affidavit of candidacy for the election either as member at large or as
a member representing the city or town where the candidate resides. The
affidavit of candidacy must be filed with the city or town clerk not more than ten
weeks 70 days nor less than eight weeks 56 days before
the first Tuesday after the second first Monday in September
November of the year in which the general election is held. The city or
town clerk must forward the affidavits of candidacy to the clerk of the
hospital district or, for the first election, the clerk of the most populous
city or town immediately after the last day of the filing period. A candidate
may withdraw from the election by filing an affidavit of withdrawal with the
clerk of the district no later than 5:00 p.m. two days after the last day to
file affidavits of candidacy.
Voting must be by secret ballot. The clerk
shall prepare, at the expense of the district, necessary ballots for the
election of officers. Ballots must be printed on tan paper and prepared as
provided in the rules of the secretary of state. The ballots must be marked and
initialed by at least two judges as official ballots and used exclusively at
the election. Any proposition to be voted on may be printed on the ballot provided
for the election of officers. The hospital board may also authorize the use of
voting systems subject to chapter 206. Enough election judges may be appointed
to receive the votes at each polling place. The election judges shall act as
clerks of election, count the ballots cast, and submit them to the board for
canvass.
After canvassing the election, the board
shall issue a certificate of election to the candidate who received the largest
number of votes cast for each office. The clerk shall deliver the certificate
to the person entitled to it in person or by certified mail. Each person
certified shall file an acceptance and oath of office in writing with the clerk
within 30 days after the date of delivery or mailing of the certificate. The
board may fill any office as provided in subdivision 1 if the person elected
fails to qualify within 30 days, but qualification is effective if made before
the board acts to fill the vacancy.
Sec. 66. Minnesota Statutes 2004, section
471.895, subdivision 3, is amended to read:
Subd. 3. [EXCEPTIONS.] (a) The
prohibitions in this section do not apply if the gift is:
(1) a contribution as defined in section
211A.01, subdivision 5;
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(2) services to assist an
official in the performance of official duties, including but not limited to
providing advice, consultation, information, and communication in connection
with legislation, and services to constituents;
(3) services of insignificant monetary
value;
(4) a plaque or similar memento
recognizing individual services in a field of specialty or to a charitable
cause;
(5) a trinket or memento of
insignificant value costing $5 or less;
(6) informational material of
unexceptional value; or
(7) food or a beverage given at a
reception, meal, or meeting away from the recipient's place of work by an
organization before whom the recipient appears to make a speech or answer
questions as part of a program.
(b) The prohibitions in this section do
not apply if the gift is given:
(1) because of the recipient's membership
in a group, a majority of whose members are not local officials, and an
equivalent gift is given or offered to the other members of the group;
(2) by an interested person who is a
member of the family of the recipient, unless the gift is given on behalf of
someone who is not a member of that family; or
(3) by a national or multistate organization
of governmental organizations or public officials, if a majority of the dues to
the organization are paid from public funds, to attendees at a conference
sponsored by that organization, if the gift is food or a beverage given at a
reception or meal and an equivalent gift is given or offered to all other
attendees.
Sec. 67. Minnesota Statutes 2004, section
524.5-310, is amended to read:
524.5-310 [FINDINGS; ORDER OF
APPOINTMENT.]
(a) The court may appoint a limited or
unlimited guardian for a respondent only if it finds by clear and convincing
evidence that:
(1) the respondent is an incapacitated
person; and
(2) the respondent's identified needs
cannot be met by less restrictive means, including use of appropriate
technological assistance.
(b) Alternatively, the court, with
appropriate findings, may treat the petition as one for a protective order
under section 524.5-401, enter any other appropriate order, or dismiss the
proceeding.
(c) The court shall grant to a guardian
only those powers necessitated by the ward's limitations and demonstrated needs
and, whenever feasible, make appointive and other orders that will encourage
the development of the ward's maximum self-reliance and independence. Any power
not specifically granted to the guardian, following a written finding by the
court of a demonstrated need for that power, is retained by the ward.
(d) Within 14 days after an appointment, a
guardian shall send or deliver to the ward, and counsel if represented at the
hearing, a copy of the order of appointment accompanied by a notice which
advises the ward of the right to appeal the guardianship appointment in the
time and manner provided by the Rules of Appellate Procedure.
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(e) Each year, within 30 days
after the anniversary date of an appointment, a guardian shall send or deliver
to the ward a notice of the right to request termination or modification of the
guardianship and notice of the status of the ward's right to vote.
Sec. 68. [REPEALER.]
Minnesota Statutes 2004, section
204C.50, subdivision 7, is repealed.
Minnesota Rules, parts 4501.0300, subparts
1 and 4; 4501.0500, subpart 4; 4501.0600; 4503.0200, subpart 4; 4503.0300,
subpart 2; 4503.0400, subpart 2; 4503.0500, subpart 9; and 4503.0800, subpart
1, are repealed."
Delete the title and insert:
"A bill for an act relating to
government operations; appropriating money for the general legislative and
administrative expenses of state government; regulating state and local
government operations; modifying provisions related to public employment;
ratifying certain labor agreements and compensation plans; regulating elections
and campaign finance; regulating Minneapolis teacher pensions; modifying
provisions related to the military and veterans; authorizing rulemaking;
amending Minnesota Statutes 2004, sections 10A.01, subdivisions 5, 26, 35; 10A.025,
by adding a subdivision; 10A.071, subdivision 3; 10A.08; 10A.20, subdivision 5;
10A.27, subdivision 1; 10A.28, subdivision 2; 10A.31, subdivisions 4, 5;
11A.24, subdivision 6; 13.635, by adding a subdivision; 14.19; 15.054; 15.06,
by adding a subdivision; 16A.103, by adding a subdivision; 16A.1286,
subdivision 3; 16A.151, subdivision 2; 16A.152, subdivision 2; 16A.1522,
subdivision 1; 16A.281; 16B.04, subdivision 2; 16B.33, subdivision 4; 16B.48,
subdivisions 4, 5; 16C.10, subdivision 7; 16C.144; 16C.16, subdivision 1;
16C.26, subdivisions 3, 4; 16C.28, subdivision 2; 16E.01, subdivisions 1, 3;
16E.02; 16E.03, subdivisions 1, 2, 3, 7; 16E.04; 16E.0465, subdivisions 1, 2;
16E.055; 16E.07, subdivision 8; 43A.23, subdivision 1; 190.16, by adding a
subdivision; 192.19; 192.261, subdivision 2; 192.501, subdivision 2; 193.29,
subdivision 3; 193.30; 193.31; 197.608, subdivision 5; 200.02, subdivisions 7,
23, by adding a subdivision; 201.014, subdivision 2; 201.061, subdivision 3;
201.071, subdivision 1; 201.091, subdivisions 4, 5; 201.15; 203B.01,
subdivision 3; 203B.04, subdivisions 1, 4, by adding a subdivision; 203B.07,
subdivision 2; 203B.11, subdivision 1; 203B.12, subdivision 2; 203B.20;
203B.21, subdivisions 1, 3; 203B.24, subdivision 1; 204B.06, subdivisions 1, 4;
204B.10, subdivision 6; 204B.14, subdivision 2; 204B.16, subdivisions 1, 5;
204B.18, subdivision 1; 204B.24; 204B.27, subdivision 1; 204C.05, subdivision
1a; 204C.06, subdivision 2; 204C.07, subdivision 4, by adding a subdivision;
204C.08, subdivision 1a; 204C.10; 204C.12, subdivision 2; 204C.24, subdivision
1; 204C.28, subdivision 1; 204C.50, subdivisions 1, 2; 204D.03, by adding a
subdivision; 204D.14, subdivision 3; 204D.27, subdivision 5; 205.175,
subdivision 2; 205A.09, subdivision 1; 206.57, subdivision 5; 208.03; 208.04,
subdivision 1; 208.05; 208.06; 208.07; 208.08; 211B.13, subdivision 1; 240A.03,
subdivision 5, by adding a subdivision; 299C.65, subdivisions 1, 2; 349A.10,
subdivision 3; 359.01, by adding a subdivision; 383B.151; 403.36, subdivision
1; 447.32, subdivision 4; 471.895, subdivision 3; 471.975; 507.093; 507.24,
subdivision 2; 524.5-310; Laws 1998, chapter 404, section 15, subdivision 2, as
amended; Laws 2000, chapter 461, article 4, section 4, as amended; proposing
coding for new law in Minnesota Statutes, chapters 5; 6; 8; 10; 14; 15; 16B;
16C; 16E; 43A; 168; 190; 298; 471; 507; repealing Minnesota Statutes 2004,
sections 3.9222; 16A.151, subdivision 5; 16A.30; 16B.48, subdivision 3; 16B.52;
16E.0465, subdivision 3; 43A.11, subdivision 2; 197.455, subdivision 3;
204C.50, subdivision 7; 471.68, subdivision 3; Minnesota Rules, parts
4501.0300, subparts 1, 4; 4501.0500, subpart 4; 4501.0600; 4503.0200, subpart
4; 4503.0300, subpart 2; 4503.0400, subpart 2; 4503.0500, subpart 9; 4503.0800,
subpart 1."
We request adoption of this report and
repassage of the bill.
House Conferees: Marty Seifert, Chris DeLaForest and Greg Blaine.
Senate Conferees: Sheila M. Kiscaden, Linda Higgins, James P.
Metzen, Jim Vickerman and Cal Larson.
Journal of the House - 66th
Day - Monday, May 23, 2005 - Top of Page 4894
Seifert moved that the report of
the Conference Committee on H. F. No. 1481 be adopted and that
the bill be repassed as amended by the Conference Committee.
A roll call was requested and properly seconded.
The question was taken on the Seifert motion and the roll was
called. There were 83 yeas and 50 nays as follows:
Those who
voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Beard
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Cornish
Cox
Cybart
Davids
Dean
DeLaForest
Demmer
Dempsey
Dittrich
Dorman
Dorn
Eastlund
Emmer
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Hortman
Hosch
Howes
Johnson, J.
Klinzing
Knoblach
Kohls
Krinkie
Lanning
Larson
Lenczewski
Liebling
Magnus
Marquart
McNamara
Meslow
Moe
Nelson, P.
Newman
Nornes
Olson
Opatz
Ozment
Paulsen
Pelowski
Penas
Peppin
Peterson, N.
Powell
Ruth
Ruud
Samuelson
Seifert
Severson
Simpson
Smith
Soderstrom
Sykora
Tingelstad
Urdahl
Vandeveer
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who
voted in the negative were:
Anderson, I.
Atkins
Clark
Davnie
Dill
Eken
Ellison
Entenza
Goodwin
Greiling
Hansen
Hausman
Hilstrom
Hilty
Hornstein
Huntley
Jaros
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Koenen
Latz
Lesch
Lieder
Lillie
Loeffler
Mahoney
Mariani
Mullery
Murphy
Nelson, M.
Otremba
Paymar
Peterson, A.
Peterson, S.
Poppe
Rukavina
Sailer
Scalze
Sertich
Sieben
Simon
Slawik
Solberg
Thao
Thissen
Wagenius
Walker
The motion prevailed.
H. F. No. 1481, A bill for an act relating
to government operations; appropriating money for the general legislative and
administrative expenses of state government; regulating state and local
government operations; modifying provisions related to public employment;
ratifying certain labor agreements and compensation plans; regulating elections
and campaign finance; regulating Minneapolis teacher pensions; modifying provisions
related to the military and veterans; providing conforming amendments; amending
Minnesota Statutes 2004, sections 3.011; 3.012; 3.02; 10A.01, subdivisions 5,
21, 23, 26; 10A.025, by adding a subdivision; 10A.071, subdivision 3; 10A.08;
10A.20, subdivisions 2, 5, by adding a subdivision; 10A.27, subdivision 1;
10A.28, subdivision 2; 10A.31, subdivisions 1, 3, 4, 5, 6a; 11A.04; 11A.07,
subdivisions 4, 5; 11A.24, subdivision 6; 13.635, by adding a subdivision;
14.19; 15.054; 15B.17, subdivision 1; 16A.103, by adding a subdivision;
16A.1286, subdivisions 2, 3; 16A.152, subdivision 2; 16A.1522, subdivision 1;
16A.281; 16B.52, subdivision 1; 16C.10, subdivision 7; 16C.144;
Journal of the House - 66th
Day - Monday, May 23, 2005 - Top of Page 4895
16C.16, subdivision
1, by adding a subdivision; 16C.23, by adding a subdivision; 43A.183; 43A.23,
subdivision 1; 123B.63, subdivision 3; 126C.17, subdivision 11; 190.16, by
adding a subdivision; 192.19; 192.261, subdivisions 1, 2; 192.501, subdivision
2; 193.29, subdivision 3; 193.30; 193.31; 197.608, subdivision 5; 200.02,
subdivisions 7, 23, by adding a subdivision; 201.022, by adding a subdivision;
201.061, subdivision 3; 201.071, subdivision 1; 201.091, subdivision 5;
203B.01, subdivision 3; 203B.02, subdivision 1; 203B.04, subdivisions 1, 4, by
adding a subdivision; 203B.07, subdivision 2; 203B.11, subdivision 1; 203B.12,
subdivision 2; 203B.20; 203B.21, subdivisions 1, 3; 203B.24, subdivision 1;
204B.10, subdivision 6; 204B.14, subdivision 2; 204B.16, subdivisions 1, 5;
204B.18, subdivision 1; 204B.22, subdivision 3; 204B.27, subdivisions 1, 3;
204B.33; 204C.05, subdivision 1a, by adding a subdivision; 204C.08, subdivision
1; 204C.24, subdivision 1; 204C.28, subdivision 1; 204C.50, subdivisions 1, 2;
204D.03, subdivision 1; 204D.14, subdivision 3; 204D.27, subdivision 5; 205.10,
subdivision 3; 205.175, subdivision 2; 205A.05, subdivision 1; 205A.09,
subdivision 1; 206.56, subdivisions 2, 3, 7, 8, 9, by adding subdivisions;
206.57, subdivisions 1, 5, by adding a subdivision; 206.58, subdivision 1;
206.61, subdivisions 4, 5; 206.64, subdivision 1; 206.80; 206.81; 206.82,
subdivisions 1, 2; 206.83; 206.84, subdivisions 1, 3, 6; 206.85, subdivision 1;
206.90, subdivisions 1, 4, 5, 6, 8, 9; 208.03; 208.04, subdivision 1; 208.05;
208.06; 208.07; 208.08; 211B.01, subdivision 3; 240A.02, subdivision 3;
354A.08; 354A.12, subdivisions 3a, 3b; 358.11; 373.40, subdivision 2; 375.20;
394.25, by adding a subdivision; 447.32, subdivision 4; 458.40; 462.357, by
adding a subdivision; 465.82, subdivision 2; 465.84; 469.053, subdivision 5;
469.0724; 469.190, subdivision 5; 471.345, by adding a subdivision; 471.975;
473.147, by adding a subdivision; 475.521, subdivision 2; 475.58, subdivisions
1, 1a; 475.59; 507.093; 507.24, subdivision 2; Laws 2000, chapter 461, article
4, section 4, as amended; proposing coding for new law in Minnesota Statutes,
chapters 3; 4; 5; 6; 8; 10A; 14; 15; 15B; 16A; 16B; 16C; 43A; 196; 197; 204D;
205; 205A; 206; 298; 354A; 471; 507; proposing coding for new law as Minnesota
Statutes, chapter 471B; repealing Minnesota Statutes 2004, sections 16A.151,
subdivision 5; 16A.30; 16B.33; 43A.11, subdivision 2; 197.455, subdivision 3;
204B.22, subdivision 2; 204C.05, subdivisions 1a, 1b; 204C.50, subdivision 7;
205.175; 205A.09; 240A.08; 354A.28; Minnesota Rules, parts 4501.0300, subparts
1, 4; 4501.0500, subpart 4; 4501.0600; 4503.0200, subpart 4; 4503.0300, subpart
2; 4503.0400, subpart 2; 4503.0500, subpart 9; 4503.0800, subpart 1.
The bill was read for the third time, as
amended by Conference, and placed upon its repassage.
The question was taken on the repassage of
the bill and the roll was called. There were 108 yeas and 26 nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Beard
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Emmer
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Gunther
Hackbarth
Hamilton
Hilstrom
Hilty
Holberg
Hoppe
Hortman
Hosch
Howes
Huntley
Johnson, J.
Johnson, R.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Liebling
Lieder
Lillie
Magnus
Mahoney
Marquart
McNamara
Meslow
Moe
Murphy
Nelson, P.
Newman
Nornes
Olson
Opatz
Otremba
Ozment
Paulsen
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Seifert
Severson
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thissen
Tingelstad
Urdahl
Vandeveer
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Journal of the House - 66th
Day - Monday, May 23, 2005 - Top of Page 4896
Those who voted in the negative
were:
Anderson, I.
Atkins
Bernardy
Clark
Entenza
Goodwin
Greiling
Hansen
Hausman
Heidgerken
Hornstein
Jaros
Johnson, S.
Lesch
Loeffler
Mariani
Mullery
Nelson, M.
Paymar
Peterson, S.
Scalze
Sertich
Sieben
Thao
Wagenius
Walker
The bill was repassed, as amended by Conference, and its title agreed
to.
CONFERENCE COMMITTEE REPORT ON H. F. NO. 874
A bill for an act relating to elections;
providing for approval and purpose of certain voting equipment; appropriating
money; amending Minnesota Statutes 2004, sections 201.022, by adding a
subdivision; 206.80; proposing coding for new law in Minnesota Statutes,
chapter 206.
May 23, 2005
The
Honorable Steve Sviggum
Speaker of
the House of Representatives
The
Honorable James P. Metzen
President
of the Senate
We, the undersigned conferees for
H. F. No. 874, report that we have agreed upon the items in
dispute and recommend as follows:
That the Senate recede from its amendment
and that H. F. No. 874 be further amended as follows:
Delete everything after the enacting
clause and insert:
"Section 1. Minnesota Statutes 2004,
section 201.022, is amended by adding a subdivision to read:
Subd. 3. [CONSULTATION WITH LOCAL
OFFICIALS.] The secretary of state must consult with representatives of
local election officials in the development of the statewide voter registration
system.
Sec. 2. Minnesota Statutes 2004, section
204B.14, subdivision 2, is amended to read:
Subd. 2. [SEPARATE PRECINCTS; COMBINED
POLLING PLACE.] (a) The following shall constitute at least one election
precinct:
(1) each city ward; and
(2) each town and each statutory city.
(b) A single, accessible, combined polling
place may be established no later than June 1 of any year:
(1) for any city of the third or fourth
class, any town, or any city having territory in more than one county, in which
all the voters of the city or town shall cast their ballots;
Journal of the House - 66th
Day - Monday, May 23, 2005 - Top of Page 4897
(2) for two contiguous precincts
in the same municipality that have a combined total of fewer than 500
registered voters; or
(3) for up to four contiguous
municipalities located entirely outside the metropolitan area, as defined by
section 473.121, subdivision 2, that are contained in the same county; or
(4) for noncontiguous precincts located
in one or more counties.
A copy of the ordinance or resolution
establishing a combined polling place must be filed with the county auditor
within 30 days after approval by the governing body. A polling place combined
under clause (3) must be approved by the governing body of each participating
municipality. A polling place combined under clause (4) must be approved by
the governing body of each participating municipality and the secretary of
state and may be located outside any of the noncontiguous precincts. A
municipality withdrawing from participation in a combined polling place must do
so by filing a resolution of withdrawal with the county auditor no later than
May 1 of any year.
The secretary of state shall provide a
separate polling place roster for each precinct served by the combined polling
place. A single set of election judges may be appointed to serve at a combined
polling place. The number of election judges required must be based on the
total number of persons voting at the last similar election in all precincts to
be voting at the combined polling place. Separate ballot boxes must be provided
for the ballots from each precinct. The results of the election must be
reported separately for each precinct served by the combined polling place,
except in a polling place established under clause (2) where one of the
precincts has fewer than ten registered voters, in which case the results of
that precinct must be reported in the manner specified by the secretary of
state.
Sec. 3. Minnesota Statutes 2004, section
206.56, is amended by adding a subdivision to read:
Subd. 1a. [ASSISTIVE VOTING
TECHNOLOGY.] "Assistive voting technology" means touch-activated
screen, buttons, keypad, sip-and-puff input device, keyboard, earphones, or any
other device used with an electronic ballot marker that assists voters to use
an audio or electronic ballot display in order to cast votes.
Sec. 4. Minnesota Statutes 2004, section
206.56, is amended by adding a subdivision to read:
Subd. 1b. [AUDIO BALLOT READER.] "Audio
ballot reader" means an audio representation of a ballot that can be used
with other assistive voting technology to permit a voter to mark votes on a
nonelectronic ballot or to securely transmit a ballot electronically to
automatic tabulating equipment in the polling place.
Sec. 5. Minnesota Statutes 2004, section
206.56, subdivision 2, is amended to read: