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Sec. 22. Minnesota Statutes 2006, section 16B.055, subdivision 1, is
amended to read:
Subdivision 1. Governor's
Advisory Council on Technology for People with Disabilities Federal
Assistive Technology Act. (a) The Department of Administration shall
serve as the lead agency to assist the Minnesota Governor's Advisory Council on
Technology for People with Disabilities in carrying out all responsibilities
pursuant to United States Code, title 29, section 2211 et seq., and any other
responsibilities related to that program is designated as the lead
agency to carry out all the responsibilities under the Assistive Technology Act
of 1998, as provided by Public Law 108-364, as amended. The Minnesota Assistive
Technology Advisory Council is established to fulfill the responsibilities
required by the Assistive Technology Act, as provided by Public Law 108-364, as
amended. Because the existence of this council is required by federal law, this
council does not expire and the expiration date provided in section 15.059,
subdivision 5, does not apply.
(b) The governor shall appoint the membership of the council as
required by the Assistive Technology Act of 1998, as provided by Public Law
108-364, as amended. After the governor has completed the appointments required
by this subdivision, the commissioner of administration, or the commissioner's
designee, shall convene the first meeting of the council following the
appointments. Members shall serve two-year terms commencing July 1 of each
odd-numbered year, and receive the compensation specified by the Assistive
Technology Act of 1998, as provided by Public Law 108-364, as amended. The
members of the council shall select their chair at the first meeting following
their appointment.
Sec. 23. Minnesota Statutes 2006, section 16B.24, subdivision 5, is
amended to read:
Subd. 5. Renting out state property.
(a) Authority. The commissioner may
rent out state property, real or personal, that is not needed for public use,
if the rental is not otherwise provided for or prohibited by law. The property
may not be rented out for more than five years at a time without the approval
of the State Executive Council and may never be rented out for more than 25
years. A rental agreement may provide that the state will reimburse a tenant
for a portion of capital improvements that the tenant makes to state real
property if the state does not permit the tenant to renew the lease at the end
of the rental agreement.
(b) Restrictions. Paragraph
(a) does not apply to state trust fund lands, other state lands under the
jurisdiction of the Department of Natural Resources, lands forfeited for
delinquent taxes, lands acquired under section 298.22, or lands acquired under
section 41.56 which are under the jurisdiction of the Department of
Agriculture.
(c) Rental of living
accommodations. The commissioner shall establish rental rates for all
living accommodations provided by the state for its employees. Money collected
as rent by state agencies pursuant to this paragraph must be deposited in the
state treasury and credited to the general fund.
(d) Lease of space in certain
state buildings to state agencies. The commissioner may lease portions of
the state-owned buildings in the Capitol complex, the Capitol Square
Building, the Health Building, and the building at 1246 University Avenue, St.
Paul, Minnesota, under the custodial control of the commissioner to
state agencies and the court administrator on behalf of the judicial branch of
state government and charge rent on the basis of space occupied. Notwithstanding
any law to the contrary, all money collected as rent pursuant to the terms of
this section shall be deposited in the state treasury. Money collected as rent
to recover the bond interest costs of a building funded from the state bond
proceeds fund shall be credited to the general fund. Money collected as rent to
recover the depreciation costs of a building funded from the state bond
proceeds fund and money collected as rent to recover capital expenditures from
capital asset preservation and replacement appropriations and statewide
building access appropriations shall be credited to a segregated asset
preservation and replacement account in a special revenue fund. Fifty
percent of the money credited to the account each fiscal year must be
transferred to the general fund. The remaining money in the account is
appropriated to the commissioner to be expended for asset preservation projects
as determined by the commissioner. Money collected as rent to recover the
depreciation and interest costs of a building built with other state dedicated
funds shall be credited to the dedicated fund which funded the original
acquisition or construction. All other money received shall be credited to the
general services revolving fund.
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(e) Lease of space in Andersen and Freeman buildings. The commissioner may
lease space in the Elmer L. Andersen and Orville L. Freeman buildings to state
agencies and charge rent on the basis of space occupied. Money collected as rent under this
paragraph to fund future building repairs must be credited to a segregated
account for each building in the special revenue fund and is appropriated to
the commissioner to make the repairs. When the state acquires title to each
building, the account for that building must be abolished and any balance
remaining in the account must be transferred to the appropriate asset
preservation and replacement account created under paragraph (d).
Sec. 24. Minnesota Statutes
2006, section 16B.35, subdivision 1, is amended to read:
Subdivision 1. Percent of appropriations for art. An
appropriation for the construction or alteration of any state building may
contain an amount not to exceed the lesser of $100,000 or one percent of
the total appropriation for the building for the acquisition of works of art,
excluding landscaping, which may be an integral part of the building or its
grounds, attached to the building or grounds or capable of being displayed in
other state buildings. If the appropriation for works of art is limited by
the $100,000 cap in this section, the appropriation for the construction or
alteration of the building must be reduced to reflect the reduced amount that
will be spent on works of art. Money used for this purpose is available
only for the acquisition of works of art to be exhibited in areas of a building
or its grounds accessible, on a regular basis, to members of the public. No
more than ten percent of the total amount available each fiscal year under this
subdivision may be used for administrative expenses, either by the commissioner
of administration or by any other entity to whom the commissioner delegates
administrative authority. For the purposes of this section "state
building" means a building the construction or alteration of which is paid
for wholly or in part by the state.
EFFECTIVE DATE. This section is
effective July 1, 2007. The repeal of the $100,000 limit in this section
applies to appropriations made before, on, or after that date.
Sec. 25. [16B.97] GRANTS MANAGEMENT.
Subdivision 1. Grant agreement. (a) A grant agreement is a written
instrument or electronic document defining a legal relationship between a
granting agency and a grantee when the principal purpose of the relationship is
to transfer cash or something of value to the recipient to support a public
purpose authorized by law instead of acquiring by professional or technical
contract, purchase, lease, or barter property or services for the direct
benefit or use of the granting agency.
(b) This section does not
apply to capital project grants to political subdivisions as defined by section
16A.86.
Subd. 2. Grants governance. The commissioner shall provide
leadership and direction for policy related to grants management in Minnesota
in order to foster more consistent, streamlined interaction between executive
agencies, funders, and grantees that will enhance access to grant opportunities
and information and lead to greater program accountability and transparency.
The commissioner has the duties and powers stated in this section. An executive
agency must do what the commissioner requires under this section.
Subd. 3. Discretionary powers. The commissioner has the authority
to:
(1) review grants management
practices and propose policy and procedure improvements to the governor,
legislature, executive agencies, and the federal government;
(2) sponsor, support, and
facilitate innovative and collaborative grants management projects with public
and private organizations;
(3) review, recommend, and
implement alternative strategies for grants management;
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(4) collect and disseminate information, issue reports relating to
grants management, and sponsor and conduct conferences and studies; and
(5) participate in conferences and other appropriate activities related
to grants management issues.
Subd. 4. Duties. (a) The
commissioner shall:
(1) create general grants management policies and procedures that are
applicable to all executive agencies. The commissioner may approve exceptions
to these policies and procedures for particular grant programs. Exceptions
shall expire or be renewed after five years. Executive agencies shall retain
management of individual grants programs;
(2) provide a central point of contact concerning statewide grants
management policies and procedures;
(3) serve as a resource to executive agencies in such areas as
training, evaluation, collaboration, and best practices in grants management;
(4) ensure grants management needs are considered in the development,
upgrade, and use of statewide administrative systems and leverage existing
technology wherever possible;
(5) oversee and approve future professional and technical service
contracts and other information technology spending related to executive agency
grants management activities;
(6) provide a central point of contact for comments about executive agencies
violating statewide grants governance policies and about fraud and waste in
grants processes;
(7) forward received comments to the appropriate agency for further
action, and may follow up as necessary;
(8) provide a single listing of all available executive agency
competitive grant opportunities and resulting grant recipients;
(9) selectively review development and implementation of executive
agency grants, policies, and practices; and
(10) selectively review executive agency compliance with best
practices.
(b) The commissioner may determine that it is
cost-effective for agencies to develop and use shared grants management
technology systems. This system would be governed under section 16E.01,
subdivision 3, paragraph (b).
Sec. 26. [16B.98] GRANTS
MANAGEMENT PROCESS.
Subdivision 1. Limitation. As a
condition of receiving a grant from an appropriation of state funds, the
recipient of the grant must agree to minimize administrative costs. The
granting agency is responsible for negotiating appropriate limits to these
costs so that the state derives the optimum benefit for grant funding.
Subd. 2. Ethical practices and
conflict of interest. An employee of the executive branch involved
directly or indirectly in grants processes, at any level, is subject to the
code of ethics in section 43A.38.
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Subd. 3. Conflict of interest. (a) The commissioner must develop
policies regarding code of ethics and conflict of interest designed to prevent
conflicts of interest for employees, committee members, or others involved in
the recommendation, awarding, and administration of grants. The policies must
apply to employees who are directly or indirectly in the grants process, which
may include the following:
(1) developing request for
proposals or evaluation criteria;
(2) drafting, recommending,
awarding, amending, revising, or entering into grant agreements;
(3) evaluating or monitoring
performance; or
(4) authorizing payments.
(b) The policies must
include:
(1) a process to make all
parties to the grant aware of policies and laws relating to conflict of
interest, and training on how to avoid and address potential conflicts; and
(2) a process under which
those who have a conflict of interest or a potential conflict of interest must
disclose the matter.
(c) If the employee,
appointing authority, or commissioner determines that a conflict of interest
exists, the matter shall be assigned to another employee who does not have a
conflict of interest. If it is not possible to assign the matter to an employee
who does not have a conflict of interest, interested personnel shall be
notified of the conflict and the employee may proceed with the assignment.
Subd. 4. Reporting of violations. A state employee who discovers
evidence of violation of laws or rules governing grants is encouraged to report
the violation or suspected violation to the employee's supervisor, the
commissioner or the commissioner's designee, or the legislative auditor. The
legislative auditor shall report to the Legislative Audit Commission if there
are multiple complaints about the same agency. The auditor's report to the
Legislative Audit Commission under this section must disclose only the number
and type of violations alleged. An employee making a good faith report under
this section has the protections provided for under section 181.932,
prohibiting the employer from discriminating against the employee.
Subd. 5. Creation and validity of grant agreements. (a) A grant
agreement is not valid and the state is not bound by the grant unless:
(1) the grant has been
executed by the head of the agency or a delegate who is party to the grant; and
(2) the accounting system
shows an encumbrance for the amount of the grant in accordance with policy
approved by the commissioner.
(b) The combined grant
agreement and amendments must not exceed five years without specific, written
approval by the commissioner according to established policy, procedures, and
standards, or unless the commissioner determines that a longer duration is in
the best interest of the state.
(c) A fully executed copy of
the grant agreement with all amendments and other required records relating to
the grant must be kept on file at the granting agency for a time equal to that
required of grantees in subdivision 8.
(d) Grant agreements must
comply with policies established by the commissioner for minimum grant
agreement standards and practices.
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(e) The attorney general may
periodically review and evaluate a sample of state agency grants to ensure
compliance with applicable laws.
Subd. 6. Grant administration. A granting agency shall diligently
administer and monitor any grant it has entered into.
Subd. 7. Grant payments. Payments to the grantee may not be issued
until the grant agreement is fully executed.
Subd. 8. Audit. (a) A grant agreement made by an executive agency must
include an audit clause that provides that the books, records, documents, and
accounting procedures and practices of the grantee or other party that are
relevant to the grant or transaction are subject to examination by the granting
agency and either the legislative auditor or the state auditor, as appropriate,
for a minimum of six years from the grant agreement end date, receipt and
approval of all final reports, or the required period of time to satisfy all
state and program retention requirements, whichever is later. If a grant
agreement does not include an express audit clause, the audit authority under
this subdivision is implied.
(b) If the granting agency
is a local unit of government, and the governing body of the local unit of
government requests that the state auditor examine the books, records,
documents, and accounting procedures and practices of the grantee or other
party according to this subdivision, the granting agency shall be liable for
the cost of the examination. If the granting agency is a local unit of
government, and the grantee or other party requests that the state auditor
examine all books, records, documents, and accounting procedures and practices
related to the grant, the grantee or other party that requested the examination
shall be liable for the cost of the examination.
Subd. 9. Authority of attorney general. The attorney general may
pursue remedies available by law to avoid the obligation of an agency to pay
under a grant or to recover payments made if activities under the grant are so
unsatisfactory, incomplete, or inconsistent that payment would involve unjust
enrichment. The contrary opinion of the granting agency does not affect the
power of the attorney general under this subdivision.
Subd. 10. Grants with Indian tribes and bands. Notwithstanding any
other law, an agency may not require an Indian tribe or band to deny its
sovereignty as a requirement or condition of a grant with an agency.
Sec. 27. Minnesota Statutes
2006, section 16C.02, is amended by adding a subdivision to read:
Subd. 3a. Best and final offer. "Best and final offer"
means an optional step in the solicitation process in which responders are
requested to improve their response by methods including, but not limited to,
the reduction of cost, clarification or modification of the response, or the
provision of additional information.
Sec. 28. Minnesota Statutes
2006, section 16C.02, subdivision 4, is amended to read:
Subd. 4. Best value. "Best value"
describes a result intended in the acquisition of all goods and services. Price
must be one of the evaluation criteria when acquiring goods and services. Other
evaluation criteria may include, but are not limited to, environmental
considerations, quality, and vendor performance. In achieving "best
value" strategic sourcing tools, including but not limited to best and
final offers, negotiations, contract consolidation, product standardization,
and mandatory-use enterprise contracts shall be used at the commissioner's
discretion.
Sec. 29. Minnesota Statutes
2006, section 16C.02, is amended by adding a subdivision to read:
Subd. 6a. Enterprise procurement. "Enterprise
procurement" means the process undertaken by the commissioner to leverage economies
of scale of multiple end users to achieve cost savings and other favorable
terms in contracts for goods and services.
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Sec. 30. Minnesota Statutes
2006, section 16C.02, subdivision 12, is amended to read:
Subd. 12. Request for proposal or RFP.
"Request for proposal" or "RFP" means a solicitation in
which it is not advantageous to set forth all the actual, detailed requirements
at the time of solicitation and responses are subject to negotiation
negotiated to achieve best value for the state.
Sec. 31. Minnesota Statutes
2006, section 16C.02, subdivision 14, is amended to read:
Subd. 14. Response. "Response" means
the offer received from a vendor in response to a solicitation. A response
includes submissions commonly referred to as "offers,"
"bids," "quotes," or "proposals.,"
"best and final offers," or "negotiated offers."
Sec. 32. Minnesota Statutes
2006, section 16C.02, is amended by adding a subdivision to read:
Subd. 20. Strategic sourcing. "Strategic sourcing" means
methods used to analyze and reduce spending on goods and services, including
but not limited to spend analysis, product standardization, contract
consolidation, negotiations, multiple jurisdiction purchasing alliances,
reverse and forward auctions, life-cycle costing, and other techniques.
Sec. 33. Minnesota Statutes
2006, section 16C.03, subdivision 2, is amended to read:
Subd. 2. Rulemaking authority. Subject to
chapter 14, the commissioner may adopt rules, consistent with this chapter and
chapter 16B, relating to the following topics:
(1) procurement process
including solicitations and responses to solicitations, bid security,
vendor errors, opening of responses, award of contracts, tied bids, and award
protest process;
(2) contract performance and
failure to perform;
(3) authority to debar or
suspend vendors, and reinstatement of vendors;
(4) contract cancellation;
(5) procurement from
rehabilitation facilities; and
(6) organizational conflicts
of interest.
Sec. 34. Minnesota Statutes
2006, section 16C.03, subdivision 4, is amended to read:
Subd. 4. Contracting authority. The commissioner
shall conduct all contracting by, for, and between agencies and perform all
contract management and review functions for contracts, except those functions
specifically delegated to be performed by the contracting agency, the attorney
general, or otherwise provided for by law. The commissioner may require that
agency staff participate in the development of enterprise procurements
including the development of product standards, specifications and other
requirements.
Sec. 35. Minnesota Statutes
2006, section 16C.03, subdivision 8, is amended to read:
Subd. 8. Policy and procedures. The commissioner
is authorized to issue policies, procedures, and standards applicable to all
acquisition activities by and for agencies. Consistent with the authority
specified in this chapter, the commissioner shall develop and implement
policies, procedures, and standards ensuring the optimal use of strategic
sourcing techniques.
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Sec. 36. Minnesota Statutes 2006, section 16C.03, subdivision 16, is
amended to read:
Subd. 16. Delegation of duties.
The commissioner may delegate duties imposed by this chapter to the head of an
agency and to any subordinate of the agency head. Delegated duties shall be
exercised in the name of the commissioner and under the commissioner's direct
supervision and control. A delegation of duties may include, but is not limited
to, allowing individuals within agencies to acquire goods, services, and
utilities within dollar limitations and for designated types of acquisitions.
Delegation of contract management and review functions must be filed with the
secretary of state and may not, except with respect to delegations within the
Department of Administration, exceed two years in duration. The commissioner
may withdraw any delegation at the commissioner's sole discretion. The
commissioner may require an agency head or subordinate to accept delegated
responsibility to procure goods or services intended for the exclusive use of
the agency receiving the delegation.
Sec. 37. [16C.046] WEB SITE
WITH SEARCHABLE DATABASE ON STATE CONTRACTS AND GRANTS.
(a) The commissioner of administration must maintain a Web site with a
searchable database providing the public with information on state contracts,
including grant contracts. The database must include the following information
for each state contract valued in excess of $25,000:
(1) the name and address of the entity receiving the contract;
(2) the name of the agency entering into the contract;
(3) whether the contract is:
(i) for goods;
(ii) for professional or technical services;
(iii) for services other than professional and technical services; or
(iv) a grant;
(4) a brief statement of the purpose of the contract or grant;
(5) the amount of the contract or grant and the fund from which this
amount will be paid; and
(6) the dollar value of state contracts, other than grants, the entity
has received in each fiscal year and the dollar value of state grants the
entity has received in each fiscal year.
(b) Required information on a new contract or grant must be entered into
the database within 30 days of the time the contract is entered into.
(c) For purposes of this section, a "grant" is a contract
between a state agency and a recipient, the primary purpose of which is to
transfer cash or a thing of value to the recipient to support a public purpose.
Grant does not include payments to units of local government, payments to state
employees, or payments made under laws providing for assistance to individuals.
(d) The database must include information on grants and contracts
entered into beginning with fiscal year 2008 funds, and must retain that data
for ten years.
EFFECTIVE DATE. This section is
effective January 1, 2008.
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Sec. 38. Minnesota Statutes 2006, section 16C.05, subdivision 1, is
amended to read:
Subdivision 1. Agency
cooperation. Agencies shall fully cooperate with the commissioner in the
management and review of state contracts and in the development and
implementation of strategic sourcing techniques.
Sec. 39. Minnesota Statutes 2006, section 16C.05, subdivision 2, is
amended to read:
Subd. 2. Creation and validity
of contracts. (a) A contract is not valid and the state is not bound by it
and no agency, without the prior written approval of the commissioner granted
pursuant to subdivision 2a, may authorize work to begin on it unless:
(1) it has first been executed by the head of the agency or a delegate
who is a party to the contract;
(2) it has been approved by the commissioner; and
(3) the accounting system shows an encumbrance for the amount of the
contract liability, except as allowed by policy approved by the commissioner
and commissioner of finance for routine, low-dollar procurements.
(b) The combined contract and amendments must not exceed five years
without specific, written approval by the commissioner according to established
policy, procedures, and standards, or unless otherwise provided for by law. The
term of the original contract must not exceed two years unless the commissioner
determines that a longer duration is in the best interest of the state.
(c) Grants, interagency agreements, purchase orders, work orders, and
annual plans need not, in the discretion of the commissioner and attorney
general, require the signature of the commissioner and/or the attorney general.
A signature is not required for work orders and amendments to work orders
related to Department of Transportation contracts. Bond purchase agreements by
the Minnesota Public Facilities Authority do not require the approval of the
commissioner.
(d) Amendments to contracts must entail tasks that are substantially
similar to those in the original contract or involve tasks that are so closely
related to the original contract that it would be impracticable for a different
contractor to perform the work. The commissioner or an agency official to whom
the commissioner has delegated contracting authority under section 16C.03,
subdivision 16, must determine that an amendment would serve the interest of
the state better than a new contract and would cost no more.
(e) A fully executed copy of every contract, amendments to the
contract, and performance evaluations relating to the contract must be kept on
file at the contracting agency for a time equal to that specified for contract
vendors and other parties in subdivision 5.
(f) The attorney general must periodically review and evaluate a sample
of state agency contracts to ensure compliance with laws.
Sec. 40. Minnesota Statutes 2006, section 16C.08, is amended by adding
a subdivision to read:
Subd. 1a. Enterprise procurement.
Notwithstanding section 15.061 or any other law, the commissioner shall, to
the fullest extent practicable, conduct enterprise procurements that result in
the establishment of professional or technical contracts for use by multiple
state agencies. The commissioner is authorized to mandate use of any contract
entered into as a result of an enterprise procurement process. Agencies shall
fully cooperate in the development and use of contracts entered into under this
section.
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Sec. 41. Minnesota Statutes 2006, section 16C.08, subdivision 2, is
amended to read:
Subd. 2. Duties of contracting
agency. (a) Before an agency may seek approval of a professional or
technical services contract valued in excess of $5,000, it must provide the
following:
(1) a description of how the proposed contract or amendment is necessary
and reasonable to advance the statutory mission of the agency;
(2) a description of the agency's plan to notify firms or individuals
who may be available to perform the services called for in the solicitation; and
(3) a description of the performance measures or other tools that will
be used to monitor and evaluate contract performance.; and
(4) an explanation detailing, if applicable, why this procurement is
being pursued unilaterally by the agency and not as an enterprise procurement.
(b) In addition to paragraph (a), the agency must certify that:
(1) no current state employee is able and available to perform the
services called for by the contract;
(2) the normal competitive bidding mechanisms will not provide for adequate
performance of the services;
(3) reasonable efforts will be made to publicize the availability of
the contract to the public;
(4) the agency will develop and implement a written plan providing for
the assignment of specific agency personnel to manage the contract, including a
monitoring and liaison function, the periodic review of interim reports or
other indications of past performance, and the ultimate utilization of the
final product of the services;
(5) the agency will not allow the contractor to begin work before the
contract is fully executed unless an exception under section 16C.05,
subdivision 2a, has been granted by the commissioner and funds are fully
encumbered;
(6) the contract will not establish an employment relationship between
the state or the agency and any persons performing under the contract; and
(7) in the event the results of the contract work will be carried out
or continued by state employees upon completion of the contract, the contractor
is required to include state employees in development and training, to the
extent necessary to ensure that after completion of the contract, state
employees can perform any ongoing work related to the same function.;
and
(8) the agency will not contract out its previously eliminated jobs for
four years without first considering the same former employees who are on the
seniority unit layoff list who meet the minimum qualifications determined by
the agency.
(c) A contract establishes an employment relationship for purposes of
paragraph (b), clause (6), if, under federal laws governing the distinction
between an employee and an independent contractor, a person would be considered
an employee.
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Sec. 42. Minnesota Statutes 2006, section 16C.08, subdivision 4, is
amended to read:
Subd. 4. Reports. (a) The
commissioner shall submit to the governor, the chairs of the house Ways and
Means and senate Finance Committees, and the Legislative Reference Library a
yearly listing of all contracts for professional or technical services
executed. The report must identify the contractor, contract amount, duration,
and services to be provided. The commissioner shall also issue yearly reports
summarizing the contract review activities of the department by fiscal year.
(b) The fiscal year report must be submitted by September 1 of each
year and must:
(1) be sorted by agency and by contractor;
(2) show the aggregate value of contracts issued by each agency and issued
to each contractor;
(3) distinguish between contracts that are being issued for the first
time and contracts that are being extended;
(4) state the termination date of each contract;
(5) identify services by commodity code, including topics such as
contracts for training, contracts for research and opinions, and contracts for
computer systems; and
(6) identify which contracts were awarded without following the
solicitation process in this chapter because it was determined that there was
only a single source for the services.
(c) Within 30 days of final completion of a contract over $50,000
covered by this subdivision, the head of the agency entering into the contract
must submit a one-page report to the commissioner who must submit a copy to the
Legislative Reference Library. The report must:
(1) summarize the purpose of the contract, including why it was
necessary to enter into a contract;
(2) state the amount spent on the contract;
(3) be accompanied by the performance evaluation prepared according to
subdivision 4a; and
(4)
(3) if the contract was awarded without following the solicitation
process in this chapter because it was determined that there was only a single
source for the services, explain why the agency determined there was only a
single source for the services.; and
(4) include a written performance evaluation of the work done under the
contract. The evaluation must include an appraisal of the contractor's
timeliness, quality, cost, and overall performance in meeting the terms and
objectives of the contract. Contractors may request copies of evaluations
prepared under this subdivision and may respond in writing. Contractor
responses must be maintained with the contract file.
Sec. 43. Minnesota Statutes 2006, section 16C.08, is amended by adding
a subdivision to read:
Subd. 4b. Limitations on actions.
No action may be maintained by a contractor against an employee or agency
who discloses information about a current or former contractor under subdivision
4, unless the contractor demonstrates by clear and convincing evidence that:
(1) the information was false and defamatory;
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(2) the employee or agency
knew or should have known the information was false and acted with malicious
intent to injure the current or former contractor; and
(3) the information was
acted upon in a manner that caused harm to the current or former contractor.
Sec. 44. [16C.086] CALL-CENTER.
An agency may not enter into
a contract for operation of a call-center, or a contract whose primary purpose
is to provide similar services answering or responding to telephone calls on
behalf of an agency without determining if the service can be provided by state
employees, and the services must be provided at offices located in the United
States. For purposes of this section, "agency" includes the Minnesota
State Colleges and Universities.
EFFECTIVE DATE. This section is
effective the day following final enactment, and applies to a contract entered
into or renewed or otherwise extended after that date.
Sec. 45. Minnesota Statutes
2006, 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 computer services at the
lowest selling price in an open and interactive environment. Reverse
auctions may not be utilized to procure engineering design services or architectural
services or to establish building and construction contracts under sections
16C.26 to 16C.29.
(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. 46. [16C.147] DOCUMENT IMAGING; USE OF
PERSONS WITH DEVELOPMENTAL DISABILITIES.
The commissioner shall
promote the use of persons with developmental disabilities to provide document imaging
services for state and local government agencies.
Sec. 47. Minnesota Statutes
2006, section 16C.16, subdivision 5, is amended to read:
Subd. 5. Designation of targeted groups. (a) The
commissioner of administration shall periodically designate businesses that are
majority owned and operated by women, persons with a substantial physical
disability, or specific minorities as targeted group businesses within
purchasing categories as determined by the commissioner. A group may be
targeted within a purchasing category if the commissioner determines there is a
statistical disparity between the percentage of purchasing from businesses
owned by group members and the representation of businesses owned by group
members among all businesses in the state in the purchasing category.
(b) In addition to
designations under paragraph (a), an individual business may be included as a
targeted group business if the commissioner determines that inclusion is
necessary to remedy discrimination against the owner based on race, gender, or
disability in attempting to operate a business that would provide goods or
services to public agencies.
(c) In addition to the
designations under paragraphs (a) and (b), the commissioner of administration
shall designate businesses that are majority owned and operated by veterans who
have served in federal active service as defined in section 190.05, subdivision
5c, in support of Operation Enduring Freedom or Operation Iraqi Freedom as
targeted group businesses within purchasing categories as determined by the
commissioner. "Veteran" has the meaning given in section 197.447, and
also includes both currently serving and honorably discharged members of the
national guard and other military reserves.
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(c)
(d) The
designations of purchasing categories and businesses under paragraphs (a) and,
(b), and (c) are not rules for purposes of chapter 14, and are not
subject to rulemaking procedures of that chapter.
EFFECTIVE DATE. This section is
effective July 1, 2007, and applies to procurement contract bid solicitations
issued on and after that date.
Sec. 48. [16C.251] BEST AND
FINAL OFFER.
A "best and final offer" solicitation process may not be used
for building and construction contracts.
Sec. 49. Minnesota Statutes 2006, section 43A.02, is amended by adding
a subdivision to read:
Subd. 36a. Significant individual.
(a) "Significant individual" means a person who has entered into a
committed interdependent relationship with another adult, where neither person
is married, and where the people:
(1) are responsible for each other's basic common welfare, basic living
expenses, and financial obligations of the household;
(2) share a common residence and intend to do so indefinitely; and
(3) are legally competent and qualified to enter into a contract.
(b) Persons desiring to be recognized as significant individuals for
purposes of this section must submit to the commissioner, in the form specified
by the commissioner, a statement certifying that the persons meet the criteria
necessary to qualify as significant individuals, accompanied by one of the
following:
(1) a joint deed, mortgage agreement, or lease;
(2) evidence of a joint bank account;
(3) a designation as beneficiary under the other's life insurance
policy or retirement benefits;
(4) a designation as an executor or primary beneficiary in the other's
will; or
(5) a motor vehicle title denoting joint ownership.
(c) For purposes of this subdivision, significant individuals may share
a common residence, even if:
(1) they do not each have a legal right to possess the residence; or
(2) one or both significant individuals possess additional real
property.
If one significant individual temporarily leaves the common residence
with the intention to return, the significant individuals continue to share a
common residence for the purposes of this subdivision.
Sec. 50. Minnesota Statutes 2006, section 43A.08, subdivision 2a, is
amended to read:
Subd. 2a. Temporary unclassified
positions. The commissioner, upon request of an appointing authority, may
authorize the temporary designation of a position in the unclassified service. The
commissioner may make this authorization only for professional, managerial or
supervisory positions which are fully anticipated to be of limited duration. An
individual may not be employed by an appointing authority under this
subdivision for more than 18 months.
EFFECTIVE DATE. For individuals who are
employed under section 43A.08, subdivision 2a, on the effective date of this
section, the 18-month time limit under this section commences the day following
final enactment.
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Sec. 51. Minnesota Statutes 2006, section 43A.346, subdivision 1, is
amended to read:
Subdivision 1. Definition.
For purposes of this section, "state employee" means a person
currently occupying a civil service position in the executive or legislative
branch of state government, the Minnesota State Retirement System, or the
Office of the Legislative Auditor, or a person employed by the Metropolitan
Council.
Sec. 52. Minnesota Statutes 2006, section 161.1419, subdivision 8, is
amended to read:
Subd. 8. Expiration. The
commission expires on June 30, 2007 2012.
EFFECTIVE DATE. This section is
effective the day following final enactment.
Sec. 53. Minnesota Statutes 2006, section 270B.14, is amended by adding
a subdivision to read:
Subd. 19. Disclosure to Department of
Finance. The commissioner may disclose to the commissioner of
finance returns or return information necessary in order to prepare a revenue
forecast under section 16A.103.
Sec. 54. Minnesota Statutes 2006, section 270C.03, subdivision 1, is
amended to read:
Subdivision 1. Powers and
duties. The commissioner shall have and exercise the following powers and
duties:
(1) administer and enforce the assessment and collection of taxes;
(2) make determinations, corrections, and assessments with respect to
taxes, including interest, additions to taxes, and assessable penalties;
(3) use statistical or other sampling techniques consistent with
generally accepted auditing standards in examining returns or records and
making assessments;
(4) investigate the tax laws of other states and countries, and
formulate and submit to the legislature such legislation as the commissioner
may deem expedient to prevent evasions of state revenue laws and to secure just
and equal taxation and improvement in the system of state revenue laws;
(5) consult and confer with the governor upon the subject of taxation,
the administration of the laws in regard thereto, and the progress of the work
of the department, and furnish the governor, from time to time, such assistance
and information as the governor may require relating to tax matters;
(6) execute and administer any agreement with the secretary of the
treasury or the Bureau of Alcohol, Tobacco, Firearms, and Explosives in the
Department of Justice of the United States or a representative of another state
regarding the exchange of information and administration of the state revenue
laws;
(7) require town, city, county, and other public officers to report
information as to the collection of taxes received from licenses and other
sources, and such other information as may be needful in the work of the
commissioner, in such form as the commissioner may prescribe;
(8) authorize the use of unmarked motor vehicles to conduct seizures or
criminal investigations pursuant to the commissioner's authority; and
(9) maintain toll-free telephone access for taxpayer assistance for
calls from locations within the state; and
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(10) exercise
other powers and authority and perform other duties required of or imposed upon
the commissioner by law.
EFFECTIVE DATE. This section is
effective January 1, 2008.
Sec. 55. [270C.21] TAXPAYER
ASSISTANCE GRANTS.
When the commissioner awards grants to nonprofit organizations to
coordinate, facilitate, encourage, and aid in the provision of taxpayer assistance
services, the commissioner must provide public notice of the grants in a timely
manner so that the grant process is completed and grants are awarded by October
1, in order for recipient organizations to adequately plan expenditures for the
filing season. At the time the commissioner provides public notice, the
commissioner must also notify nonprofit organizations that received grants in
the previous biennium.
EFFECTIVE DATE. This section is
effective the day following final enactment.
Sec. 56. Minnesota Statutes 2006, section 302A.821, subdivision 4, is
amended to read:
Subd. 4. Penalty; reinstatement.
(a) A corporation that has failed to file a registration pursuant to the
requirements of subdivision 2 must be dissolved by the secretary of state as
described in paragraph (b).
(b) If the corporation has not filed the registration for two
consecutive during any calendar years year, the
secretary of state must issue a certificate of administrative dissolution and
the certificate must be filed in the Office of the Secretary of State. The
secretary of state shall send notice to the corporation that the corporation
has been dissolved and that the corporation may be reinstated by filing a
registration and a $25 fee. The notice must be given by United States mail
unless the company has indicated to the secretary of state that they are
willing to receive notice by electronic notification, in which case the
secretary of state may give notice by mail or the indicated means. The
secretary of state shall annually inform the attorney general and the
commissioner of revenue of the methods by which the names of corporations
dissolved under this section during the preceding year may be determined. The
secretary of state must also make available in an electronic format the
names of the dissolved corporations. A corporation dissolved in this manner is
not entitled to the benefits of section 302A.781. The liability, if any, of the
shareholders of a corporation dissolved in this manner shall be determined and
limited in accordance with section 302A.557, except that the shareholders shall
have no liability to any director of the corporation under section 302A.559,
subdivision 2.
(c) After administrative dissolution, filing a registration and the $25
fee with the secretary of state:
(1) returns the corporation to good standing as of the date of the
dissolution;
(2) validates contracts or other acts within the authority of the
articles, and the corporation is liable for those contracts or acts; and
(3) restores to the corporation all assets and rights of the
corporation to the extent they were held by the corporation before the
dissolution occurred, except to the extent that assets or rights were affected
by acts occurring after the dissolution or sold or otherwise distributed after
that time.
EFFECTIVE DATE. This section is
effective January 1, 2008.
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Sec. 57. Minnesota Statutes 2006, section 308A.995, subdivision 4, is
amended to read:
Subd. 4. Penalty; dissolution.
(a) A cooperative that has failed to file a registration pursuant to the
requirements of this section by December 31 of the calendar year for which the
registration was required must be dissolved by the secretary of state as described
in paragraph (b).
(b) If the cooperative has not filed the registration by December 31 of
that calendar year, the secretary of state must issue a certificate of
involuntary dissolution, and the certificate must be filed in the Office of the
Secretary of State. The secretary of state must annually inform the attorney
general and the commissioner of revenue of the methods by which the names of
cooperatives dissolved under this section during the preceding year may be
determined. The secretary of state must also make available in an
electronic format the names of the dissolved cooperatives. A cooperative
dissolved in this manner is not entitled to the benefits of section 308A.981.
EFFECTIVE DATE. This section is
effective January 1, 2008.
Sec. 58. Minnesota Statutes 2006, section 308B.121, subdivision 4, is
amended to read:
Subd. 4. Penalty; dissolution.
(a) A cooperative that has failed to file a registration under the requirements
of this section must be dissolved by the secretary of state as described in
paragraph (b).
(b) If the cooperative has not filed the registration by December 31 of
that calendar year, the secretary of state must issue a certificate of
involuntary dissolution and the certificate must be filed in the Office of the
Secretary of State. The secretary of state must annually inform the attorney
general and the commissioner of revenue of the methods by which the names of
cooperatives dissolved under this section during the preceding year may be
determined. The secretary of state must also make available in an electronic
format the names of the dissolved cooperatives. A cooperative dissolved in
this manner is not entitled to the benefits of section 308B.971.
EFFECTIVE DATE. This section is
effective January 1, 2008.
Sec. 59. Minnesota Statutes 2006, section 308B.215, subdivision 2, is
amended to read:
Subd. 2. Filing. The
original articles and a designation of the cooperative's registered office and
agent, including a registration form under section 308B.121, shall be
filed with the secretary of state. The fee for filing the articles with the
secretary of state is $60.
EFFECTIVE DATE. This section is
effective August 1, 2007.
Sec. 60. [308B.903] NOTICE OF
INTENT TO DISSOLVE.
Before a cooperative begins dissolution, a notice of intent to dissolve
must be filed with the secretary of state. The notice must contain:
(1) the name of the cooperative;
(2) the date and place of the members' meeting at which the resolution
was approved; and
(3) a statement that the requisite vote of the members approved the
proposed dissolution.
EFFECTIVE DATE. This section is
effective August 1, 2007.
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Sec. 61. Minnesota Statutes
2006, section 317A.823, subdivision 1, is amended to read:
Subdivision 1. Annual registration. (a) The secretary
of state must send annually to each corporation at the registered office of the
corporation a postcard notice announcing the need to file the annual
registration and informing the corporation that the annual registration may be
filed online and that paper filings may also be made, and informing the
corporation that failing to file the annual registration will result in an
administrative dissolution of the corporation.
(b) Except for
corporations to which paragraph (d) applies, Each calendar year beginning
in the calendar year following the calendar year in which a corporation
incorporates, a corporation must file with the secretary of state by December
31 of each calendar year a registration containing the information listed in
paragraph (c).
(c) The registration must
include:
(1) the name of the
corporation;
(2) the address of its
registered office;
(3) the name of its
registered agent, if any; and
(4) the name and business
address of the officer or other person exercising the principal functions of
president of the corporation.
(d) The timely filing of an
annual financial report and audit or an annual financial statement under section
69.051, subdivision 1 or 1a, by a volunteer firefighter relief association, as
reflected in the notification by the state auditor under section 69.051,
subdivision 1c, constitutes presentation of the corporate registration. The
secretary of state may reject the registration by the volunteer firefighter
relief association. Rejection must occur if the information provided to the
state auditor does not match the information in the records of the secretary of
state. The volunteer firefighter relief association may amend the articles of
incorporation as provided in sections 317A.131 to 317A.151 so that the
information from the state auditor may be accepted for filing. The timely
filing of an annual financial report and audit or an annual financial statement
under section 69.051, subdivision 1 or 1a, does not relieve the volunteer
firefighter relief association of the requirement to file amendments to the
articles of incorporation directly with the secretary of state.
EFFECTIVE DATE. This section is effective
August 1, 2007.
Sec. 62. Minnesota Statutes
2006, section 321.0206, is amended to read:
321.0206 DELIVERY TO AND FILING OF RECORDS BY SECRETARY OF STATE;
EFFECTIVE TIME AND DATE.
(a) A record authorized or
required to be delivered to the secretary of state for filing under this
chapter must be captioned to describe the record's purpose, be in a medium
permitted by the secretary of state, and be delivered to the secretary of
state. Unless the secretary of state determines that a record does not comply
with the filing requirements of this chapter, and if the appropriate filing
fees have been paid, the secretary of state shall file the record and:
(1) for a statement of
dissociation, send:
(A) a copy of the filed
statement to the person which the statement indicates has dissociated as a
general partner; and
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(B) a copy of the filed
statement to the limited partnership;
(2) for a statement of
withdrawal, send:
(A) a copy of the filed
statement to the person on whose behalf the record was filed; and
(B) if the statement refers
to an existing limited partnership, a copy of the filed statement to the
limited partnership; and
(3) for all other records,
send a copy of the filed record to the person on whose behalf the record was
filed.
(b) Upon request and payment
of a fee, the secretary of state shall send to the requester a certified copy
of the requested record.
(c) Except as otherwise provided
in sections 321.0116 and 321.0207, a record delivered to the secretary of state
for filing under this chapter may specify an effective time and a delayed
effective date. Except as otherwise provided in this chapter, a record filed by
the secretary of state is effective:
(1) if the record does not
specify an effective time and does not specify a delayed effective date, on the
date and at the time the record is filed as evidenced by the secretary of
state's endorsement of the date and time on the record;
(2) if the record specifies
an effective time but not a delayed effective date, on the date the record is
filed at the time specified in the record;
(3) if the record specifies
a delayed effective date but not an effective time, at 12:01 a.m. on the
earlier of:
(A) the specified date; or
(B) the 30th day after the
record is filed; or
(4) if the record specifies
an effective time and a delayed effective date, at the specified time on the
earlier of:
(A) the specified date; or
(B) the 30th day after the
record is filed.
(d) The appropriate fees for
filings under this chapter are:
(1) for filing a certificate
of limited partnership, $100;
(2) for filing an amended
certificate of limited partnership, $50;
(3) for filing any other
record, other than the annual report required by section 321.0210, for which
no fee must be charged, required or permitted to be delivered for filing,
$35;
(4) for filing a certificate
requesting authority to transact business in Minnesota as a foreign limited partnership,
$85;
(5) for filing an
application of reinstatement, $25; and
(6) for filing a name
reservation for a foreign limited partnership name, $35; and
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(7) for
filing any other record, other than the annual report required by section
321.0210, for which no fee must be charged, required or permitted to be
delivered for filing on a foreign limited partnership authorized to transact
business in Minnesota, $50.
EFFECTIVE DATE. This section is
effective July 1, 2007.
Sec. 63. [321.0909] NAME
CHANGES FILED IN HOME STATE.
A foreign limited partnership shall notify the secretary of state of
any changes to the partnership name filed with the state of formation by filing
a certificate from the state of formation certifying to the change of name.
EFFECTIVE DATE. This section is
effective August 1, 2007.
Sec. 64. Minnesota Statutes 2006, section 336.1-110, is amended to
read:
336.1-110 UNIFORM COMMERCIAL
CODE ACCOUNT.
The Uniform Commercial Code account is established as an account in the
state treasury. Fees that are not expressly set by statute but are charged by
the secretary of state to offset the costs of providing a service under this
chapter must be deposited in the state treasury and credited to the Uniform
Commercial Code account.
Fees that are not expressly set by statute but are charged by the
secretary of state to offset the costs of providing information contained in the
computerized records maintained by the secretary of state must be deposited in
the state treasury and credited to the Uniform Commercial Code account.
Money in the Uniform Commercial Code account is continuously
appropriated to the secretary of state to implement and maintain the central
filing system under this chapter, to provide, improve, and expand other
online or remote lien and business entity filing, retrieval, and payment method
services provided by the secretary of state, and to provide electronic
access to other computerized records maintained by the secretary of state.
Sec. 65. Minnesota Statutes 2006, section 336.9-516, is amended to
read:
336.9-516 WHAT CONSTITUTES
FILING; EFFECTIVENESS OF FILING.
(a) What constitutes filing. Except
as otherwise provided in subsection (b), communication of a record to a filing
office and tender of the filing fee or acceptance of the record by the filing
office constitutes filing.
(b) Refusal to accept record;
filing does not occur. Filing does not occur with respect to a record that
a filing office refuses to accept because:
(1) the record is not communicated by a method or medium of
communication authorized by the filing office. For purposes of filing office
authorization, transmission of records using the Extensible Markup Language
(XML) format is authorized by the filing office after the later of July 1,
2007, or the determination of the secretary of state that the central filing
system is capable of receiving and processing these records;
(2) an amount equal to or greater than the applicable filing fee is not
tendered;
(3) the filing office is unable to index the record because:
(A) in the case of an initial financing statement, the record does not
provide a name for the debtor;
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(B) in the case of an amendment or correction statement, the record:
(i) does not identify the initial financing statement as required by
section 336.9-512 or 336.9-518, as applicable; or
(ii) identifies an initial financing statement whose effectiveness has
lapsed under section 336.9-515;
(C) in the case of an initial financing statement that provides the
name of a debtor identified as an individual or an amendment that provides a
name of a debtor identified as an individual which was not previously provided
in the financing statement to which the record relates, the record does not
identify the debtor's last name; or
(D) in the case of a record filed or recorded in the filing office described
in section 336.9-501(a)(1), the record does not provide a sufficient
description of the real property to which it relates;
(4) in the case of an initial financing statement or an amendment that
adds a secured party of record, the record does not provide a name and mailing
address for the secured party of record;
(5) in the case of an initial financing statement or an amendment that
provides a name of a debtor which was not previously provided in the financing
statement to which the amendment relates, the record does not:
(A) provide a mailing address for the debtor;
(B) indicate whether the debtor is an individual or an organization; or
(C) if the financing statement indicates that the debtor is an
organization, provide:
(i) a type of organization for the debtor;
(ii) a jurisdiction of organization for the debtor; or
(iii) an organizational identification number for the debtor or
indicate that the debtor has none;
(6) in the case of an assignment reflected in an initial financing
statement under section 336.9-514(a) or an amendment filed under section
336.9-514(b), the record does not provide a name and mailing address for the
assignee; or
(7) in the case of a continuation statement, the record is not filed
within the six-month period prescribed by section 336.9-515(d).
(c) Rules applicable to
subsection (b). For purposes of subsection (b):
(1) a record does not provide information if the filing office is
unable to read or decipher the information; and
(2) a record that does not indicate that it is an amendment or identify
an initial financing statement to which it relates, as required by section
336.9-512, 336.9-514, or 336.9-518, is an initial financing statement.
(d) Refusal to accept record;
record effective as filed record. A record that is communicated to the
filing office with tender of the filing fee, but which the filing office
refuses to accept for a reason other than one set forth in subsection (b), is
effective as a filed record except as against a purchaser of the collateral
which gives value in reasonable reliance upon the absence of the record from
the files.
EFFECTIVE DATE. This section is
effective August 1, 2007.
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Sec. 66. Minnesota Statutes 2006, section 336.9-525, is amended to
read:
336.9-525 FEES.
(a) Initial financing statement
or other record: general rule. Except as otherwise provided in subsection
(d), the fee for filing and indexing a record under this part delivered on
paper is $20 and for a record delivered by any electronic means is $15.
$5 of the fee collected for each filing made online must be deposited in the
uniform commercial code account.
(b) Number of names. The
number of names required to be indexed does not affect the amount of the fee in
subsection (a).
(c) Response to information
request. The fee for responding to a request for information from the
filing office, including for issuing a certificate showing whether there is on
file any financing statement naming a particular debtor, delivered on paper
is $20 and for a record delivered by any electronic means is $15. $5
of the fee collected for each request delivered online must be deposited in the
uniform commercial code account.
(d) Record of mortgage. This
section does not require a fee with respect to a record of a mortgage which is
effective as a financing statement filed as a fixture filing or as a financing
statement covering as-extracted collateral or timber to be cut under section
336.9-502(c). However, the recording and satisfaction fees that otherwise would
be applicable to the record of the mortgage apply.
Sec. 67. Minnesota Statutes 2006, section 358.41, is amended to read:
358.41 DEFINITIONS.
As used in sections 358.41 to 358.49:
(1) "Notarial act" means any act that a notary public of this
state is authorized to perform, and includes taking an acknowledgment,
administering an oath or affirmation, taking a verification upon oath or
affirmation, witnessing or attesting a signature, certifying or attesting a
copy, and noting a protest of a negotiable instrument. A notary public may
perform a notarial act by electronic means.
(2) "Acknowledgment" means a declaration by a person that the
person has executed an instrument or electronic record for the purposes stated
therein and, if the instrument or electronic record is executed in a
representative capacity, that the person signed the instrument with proper
authority and executed it as the act of the person or entity represented and
identified therein.
(3) "Verification upon oath or affirmation" means a
declaration that a statement is true made by a person upon oath or affirmation.
(4) "In a representative capacity" means:
(i) for and on behalf of a corporation, partnership, limited
liability company, trust, or other entity, as an authorized officer, agent,
partner, trustee, or other representative;
(ii) as a public officer, personal representative, guardian, or other representative,
in the capacity recited in the instrument;
(iii) as an attorney in fact for a principal; or
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(iv) in any other capacity as an authorized representative of another.
(5) "Notarial officer" means a notary public or other officer
authorized to perform notarial acts.
(6) "Electronic signature" means an electronic sound, symbol,
or process attached to or logically associated with a record and executed or adopted
by a person with the intent to sign the record.
(7) "Electronic record" means a record created, generated,
sent, communicated, received, or stored by electronic means.
EFFECTIVE DATE. This section is
effective August 1, 2007.
Sec. 68. Minnesota Statutes 2006, section 358.42, is amended to read:
358.42 NOTARIAL ACTS.
(a) In taking an acknowledgment, the notarial officer must determine,
either from personal knowledge or from satisfactory evidence, that the person
appearing before the officer and making the acknowledgment is the person whose
true signature is on the instrument or electronic record.
(b) In taking a verification upon oath or affirmation, the notarial
officer must determine, either from personal knowledge or from satisfactory
evidence, that the person appearing before the officer and making the
verification is the person whose true signature is made in the presence of
the officer on the statement verified.
(c) In witnessing or attesting a signature the notarial officer must
determine, either from personal knowledge or from satisfactory evidence, that
the signature is that of the person appearing before the officer and named
therein. When witnessing or attesting a signature, the officer must be
present when the signature is made.
(d) In certifying or attesting a copy of a document, electronic record,
or other item, the notarial officer must determine that the proffered copy is a
full, true, and accurate transcription or reproduction of that which was
copied.
(e) In making or noting a protest of a negotiable instrument or
electronic record the notarial officer must determine the matters set forth in
section 336.3-505.
(f) A notarial officer has satisfactory evidence that a person is the
person whose true signature is on a document or electronic record if that
person (i) is personally known to the notarial officer, (ii) is identified upon
the oath or affirmation of a credible witness personally known to the notarial
officer, or (iii) is identified on the basis of identification documents.
EFFECTIVE DATE. This section is
effective August 1, 2007.
Sec. 69. Minnesota Statutes 2006, section 358.50, is amended to read:
358.50 EFFECT OF
ACKNOWLEDGMENT.
An acknowledgment made in a representative capacity for and on behalf of
a corporation, partnership, limited liability company, trust, or other
entity and certified substantially in the form prescribed in this chapter is
prima facie evidence that the instrument or electronic record was executed and
delivered with proper authority.
EFFECTIVE DATE. This section is
effective August 1, 2007.
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Sec. 70. Minnesota Statutes 2006, section 359.085, subdivision 2, is
amended to read:
Subd. 2. Verifications. In taking
a verification upon oath or affirmation, the notarial officer must determine,
either from personal knowledge or from satisfactory evidence, that the person
appearing before the officer and making the verification is the person whose
true signature is made in the presence of the officer on the statement
verified.
EFFECTIVE DATE. This section is
effective August 1, 2007.
Sec. 71. Minnesota Statutes 2006, section 359.085, subdivision 3, is
amended to read:
Subd. 3. Witnessing or attesting
signatures. In witnessing or attesting a signature, the notarial officer
must determine, either from personal knowledge or from satisfactory evidence,
that the signature is that of the person appearing before the officer and named
in the document or electronic record. When witnessing or attesting a
signature, the officer must be present when the signature is made.
EFFECTIVE DATE. This section is
effective August 1, 2007.
Sec. 72. Minnesota Statutes 2006, section 471.61, subdivision 1a, is
amended to read:
Subd. 1a. Dependents.
Notwithstanding the provisions of Minnesota Statutes 1969, section 471.61, as
amended by Laws 1971, chapter 451, section 1, the word "dependents"
as used therein shall mean spouse and minor unmarried children under the age of
18 years and dependent students under the age of 25 years actually dependent
upon the employee, and others as defined by governmental units at their
discretion.
Sec. 73. Minnesota Statutes 2006, section 477A.014, subdivision 4, is
amended to read:
Subd. 4. Costs. The director
of the Office of Strategic and Long-Range Planning shall annually bill the
commissioner of revenue for one-half of the costs incurred by the state
demographer in the preparation of materials required by section 4A.02. The
state auditor shall bill the commissioner of revenue for the costs of best
practices reviews and the services provided by the Government Information
Division and the parts of the constitutional office that are related to the
government information function, and for the services provided by the Tax
Increment Financing Investment and Finance Division required by section
469.3201, not to exceed $217,000 $614,000 each fiscal year.
The commissioner of administration shall bill the commissioner of revenue for
the costs of the local government records program and the intergovernmental
information systems activity, not to exceed $205,800 each fiscal year. The
commissioner of employee relations shall bill the commissioner of revenue for
the costs of administering the local government pay equity function, not to
exceed $55,000 each fiscal year.
Sec. 74. Minnesota Statutes 2006, section 491A.02, subdivision 4, is
amended to read:
Subd. 4. Representation. (a)
A corporation, partnership, limited liability company, sole proprietorship, or
association may be represented in conciliation court by an officer, manager, or
partner or an agent in the case of a condominium, cooperative, or townhouse
association, or may appoint a natural person who is an employee or commercial
property manager to appear on its behalf or settle a claim in conciliation
court. The state or a political subdivision of the state may be represented in
conciliation court by an employee of the pertinent governmental unit without a
written authorization. The state also may be represented in conciliation
court by an employee of the Division of Risk Management of the Department of
Administration without a written authorization. Representation under this
subdivision does not constitute the practice of law for purposes of section 481.02,
subdivision 8. In the case of an officer, employee, commercial property
manager, or agent of a condominium, cooperative, or townhouse association, an
authorized power of attorney, corporate authorization resolution, corporate
bylaw, or other evidence of authority acceptable to the court must be filed
with the claim or presented at the hearing. This subdivision also applies to
appearances in district court by a corporation or limited liability company
with five or fewer shareholders or members and to any condominium, cooperative,
or townhouse association, if the action was removed from conciliation court.
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(b) "Commercial property manager" means a corporation,
partnership, or limited liability company or its employees who are hired by the
owner of commercial real estate to perform a broad range of administrative
duties at the property including tenant relations matters, leasing, repairs,
maintenance, the negotiation and resolution of tenant disputes, and related
matters. In order to appear in conciliation court, a property manager's
employees must possess a real estate license under section 82.20 and be
authorized by the owner of the property to settle all disputes with tenants and
others within the jurisdictional limits of conciliation court.
(c) A commercial property manager who is appointed to settle a claim in
conciliation court may not charge or collect a separate fee for services
rendered under paragraph (a).
Sec. 75. Minnesota Statutes 2006, 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)(1) 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. The Electronic Real
Estate Recording Task Force created under section 507.094 may amend standards set
by the task force created in Laws 2000, chapter 391, and may set new or
additional standards and establish pilot projects to the full extent permitted
in section 507.094, subdivision 2, paragraph (b). Documents recorded in
conformity with those standards and in those pilot projects are deemed to meet
the requirements of this section.
(2)(i) 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)
(A) the county complies with standards adopted by the task force; and
(2)
(B) the county uses software that was validated by the task force.
(ii) A
county that did not participate in the pilot project may record or file a real
estate document electronically, if:
(i)
(A) 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)
(B) the county complies with the standards adopted by the task force;
(iii)
(C) the county uses software that was validated by the task force; and
(iv)
(D) 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.
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Sec. 76. Minnesota Statutes 2006, section 517.08, subdivision 1b, is
amended to read:
Subd. 1b. Term of license; fee;
premarital education. (a) The local registrar shall examine upon oath the
party applying for a license relative to the legality of the contemplated
marriage. If at the expiration of a five-day period, on being satisfied that
there is no legal impediment to it, including the restriction contained in
section 259.13, the local registrar shall issue the license, containing the
full names of the parties before and after marriage, and county and state of
residence, with the county seal attached, and make a record of the date of
issuance. The license shall be valid for a period of six months. In case of
emergency or extraordinary circumstances, a judge of the district court of the
county in which the application is made, may authorize the license to be issued
at any time before the expiration of the five days. Except as provided in
paragraph (b), the local registrar shall collect from the applicant a fee of $100
$110 for administering the oath, issuing, recording, and filing all
papers required, and preparing and transmitting to the state registrar of vital
statistics the reports of marriage required by this section. If the license
should not be used within the period of six months due to illness or other
extenuating circumstances, it may be surrendered to the local registrar for
cancellation, and in that case a new license shall issue upon request of the
parties of the original license without fee. A local registrar who knowingly
issues or signs a marriage license in any manner other than as provided in this
section shall pay to the parties aggrieved an amount not to exceed $1,000.
(b) The marriage license fee for parties who have completed at least 12
hours of premarital education is $30 $40. In order to qualify for
the reduced license fee, the parties must submit at the time of
applying for the marriage license a signed and dated statement from the
person who provided the premarital education confirming that it was received.
The premarital education must be provided by a licensed or ordained minister or
the minister's designee, a person authorized to solemnize marriages under
section 517.18, or a person authorized to practice marriage and family therapy
under section 148B.33. The education must include the use of a premarital
inventory and the teaching of communication and conflict management skills.
(c) The statement from the person who provided the premarital education
under paragraph (b) must be in the following form:
"I, (name of educator), confirm that (names of both parties)
received at least 12 hours of premarital education that included the use of a
premarital inventory and the teaching of communication and conflict management
skills. I am a licensed or ordained minister, a person authorized to solemnize
marriages under Minnesota Statutes, section 517.18, or a person licensed to
practice marriage and family therapy under Minnesota Statutes, section
148B.33."
The names of the parties in the educator's statement must be identical to
the legal names of the parties as they appear in the marriage license
application. Notwithstanding section 138.17, the educator's statement must be
retained for seven years, after which time it may be destroyed.
(d) If section 259.13 applies to the request for a marriage license,
the local registrar shall grant the marriage license without the requested name
change. Alternatively, the local registrar may delay the granting of the
marriage license until the party with the conviction:
(1) certifies under oath that 30 days have passed since service of the
notice for a name change upon the prosecuting authority and, if applicable, the
attorney general and no objection has been filed under section 259.13; or
(2) provides a certified copy of the court order granting it. The
parties seeking the marriage license shall have the right to choose to have the
license granted without the name change or to delay its granting pending
further action on the name change request.
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Sec. 77. Minnesota Statutes 2006, section 517.08, subdivision 1c, is
amended to read:
Subd. 1c. Disposition of license
fee. (a) Of the marriage license fee collected pursuant to subdivision 1b,
paragraph (a), $15 $25 must be retained by the county. The local
registrar must pay $85 to the commissioner of finance to be deposited as
follows:
(1) $50 in the general fund;
(2) $3 in the special revenue fund to be appropriated to the
commissioner of education for parenting time centers under section 119A.37;
(3) $2 in the special revenue fund to be appropriated to the
commissioner of health for developing and implementing the MN ENABL program
under section 145.9255;
(4) $25 in the special revenue fund is appropriated to the commissioner
of employment and economic development for the displaced homemaker program
under section 116L.96; and
(5) $5 in the special revenue fund is appropriated to the commissioner
of human services for the Minnesota Healthy Marriage and Responsible Fatherhood
Initiative under section 256.742.
(b) Of the $30 $40 fee under subdivision 1b, paragraph
(b), $15 $25 must be retained by the county. The local registrar
must pay $15 to the commissioner of finance to be deposited as follows:
(1) $5 as provided in paragraph (a), clauses (2) and (3); and
(2) $10 in the special revenue fund is appropriated to the commissioner
of employment and economic development for the displaced homemaker program
under section 116L.96.
(c) The increase in the marriage license fee under paragraph (a)
provided for in Laws 2004, chapter 273, and disbursement of the increase in
that fee to the special fund for the Minnesota Healthy Marriage and Responsible
Fatherhood Initiative under paragraph (a), clause (5), is contingent upon the
receipt of federal funding under United States Code, title 42, section 1315,
for purposes of the initiative.
Sec. 78. Laws 2005, chapter 156, article 2, section 45, is amended to
read:
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 2009. 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 2009.
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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. 79. Laws 2006, chapter 253, section 22, subdivision 1, is amended
to read:
Subdivision 1. Genetic
information; work group. (a) The commissioner must create a work group to
develop principles for public policy on the use of genetic information. The
work group must include representatives of state government, including the
judicial branch, local government, prosecutors, public defenders, the American
Civil Liberties Union - Minnesota, the Citizens Council on Health Care, the
University of Minnesota Center on Bioethics, the Minnesota Medical Association,
the Mayo Clinic and Foundation, the March of Dimes, and representatives of
employers, researchers, epidemiologists, laboratories, and insurance companies.
(b) The commissioner of administration and the work group must conduct
reviews of the topics in paragraphs (c) to (f), in light of the issues raised
in the report on treatment of genetic information under state law required by Laws
2005, chapter 163, section 87. The commissioner must report the results,
including any recommendations for legislative changes, to the chairs of the
house Civil Law Committee and the senate Judiciary Committee and the ranking
minority members of those committees by January 15, 2008 2009.
(c) The commissioner and the work group must determine whether changes
are needed in Minnesota Statutes, section 144.69, dealing with collection of
information from cancer patients and their relatives.
(d) The commissioner and the work group must make recommendations
whether all relatives affected by a formal three-generation pedigree created by
the Department of Health should be able to access the entire data set, rather
than only allowing individuals access to the data of which they are the
subject.
(e) The commissioner and the work group must identify, and may make
recommendations among, options for resolving questions of secondary uses of
genetic information.
(f) The commissioner and the work group must make recommendations
whether legislative changes are needed regarding access to DNA test results and
the specimens used to create the test results held by the Bureau of Criminal
Apprehension as part of a criminal investigation.
Sec. 80. Laws 2006, chapter 282, article 14, section 5, is amended to
read:
Sec. 5. OFFICE
OF ADMINISTRATIVE HEARINGS 320,000
From the workers' compensation fund for costs
associated with the relocation of offices to St. Paul. The commissioner of
administration shall take all steps as necessary to complete the renovation of
the Stassen Building for these purposes by January 1, 2008. Minnesota Statutes,
section 16B.33, subdivision 3, does not apply if the estimated cost of
construction exceeds $2,000,000. This is a onetime appropriation. This
appropriation is available until spent.
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Beginning in fiscal year 2009 and for all
fiscal years thereafter, the appropriation base for the workers' compensation
fund for the Office of Administrative Hearings is reduced by $297,000 to
reflect savings in rent costs due to the relocation of offices to
St. Paul.
EFFECTIVE
DATE. This
section is effective the day following final enactment.
Sec. 81. FORD
BUILDING.
The Ford Building at 117 University Avenue in
St. Paul may not be demolished during the biennium ending June 30, 2009.
Sec. 82. ELECTRONIC
DOCUMENTS STUDY AND REPORT.
Subdivision 1. Study. The chief information officer of the state, in
consultation with the state archivist and legislative reference librarian,
shall study how electronic documents and the mechanisms and processes for
accessing and reading electronic data can be created, maintained, exchanged,
and preserved by the state in a manner that encourages appropriate government
control, access, choice, and interoperability. The study must consider, but not
be limited to, the policies of other states and nations, management guidelines
for state archives as they pertain to electronic documents, public access to
information, expected storage life of electronic documents, costs of
implementation, and potential savings. The chief information officer shall
solicit comments from stakeholders, including, but not limited to, the
legislative auditor, attorney general, librarians, state services for the
blind, representatives of the Minnesota Historical Society, other historians,
and the media. The chief information officer shall also solicit comments from
members of the public.
Subd. 2. Report
and recommendations. The chief information officer shall report the
officer's findings and recommendations to the chairs of the senate State and
Local Government Operations and Oversight Committee; the house of
representatives Government Operations, Reform, Technology and Elections
Committee; and the senate and house of representatives State Government Finance
Divisions by January 15, 2008.
Sec. 83. STATE
EMPLOYEES ELECTRONIC HEALTH RECORDS PILOT PROJECT.
Subdivision 1. Project established. The Minnesota State Colleges and
Universities Board of Trustees (MnSCU), in collaboration with the commissioner
of employee relations shall establish an enterprise-wide pilot project to
provide consumer-owned electronic personal health records to MnSCU employees
and all participants in the state employee group insurance program. If the
Department of Employee Relations is abolished, then the Minnesota State
Colleges and Universities Board of Trustees shall work in collaboration with
the commissioner of the department responsible for administration of the state
employee group insurance program.
Subd. 2. Project
goals. The goal of the project is to provide consumer-owned
electronic personal health records that are portable among health care
providers, health plan companies, and employers in order to control costs,
improve quality, and enhance safety, and to demonstrate the feasibility of a
statewide health information exchange. The pilot project shall coordinate to
the extent possible with other health information consumer engagement
initiatives in Minnesota designed to support the goal of statewide health
information exchange. The electronic personal health records may provide, but
are not limited to, the following:
(1) access to electronic medical records;
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(2) prescription and appointment information;
(3) information regarding health education,
public health, and health cost management; and
(4) privacy, security, and compliance with
HIPAA; Minnesota Statutes, chapter 13; Minnesota Statutes, section 144.335; and
other state law related to data privacy.
Sec. 84. SUSTAINABLE
GROWTH WORKING GROUP.
Subdivision 1. Creation. The sustainable growth working group consists
of the following members:
(1) two senators, including one member of the
minority caucus, appointed by the Subcommittee on Committees of the Committee
on Rules and Administration;
(2) two members of the house of
representatives, one appointed by the speaker and one appointed by the minority
leader;
(3) commissioners of the following agencies,
or their designees: Department of Natural Resources, Department of
Administration, Department of Agriculture, Department of Commerce, Department
of Transportation, Department of Employment and Economic Development, Minnesota
Housing Finance Agency, and the Minnesota Pollution Control Agency; and the
chair of the Metropolitan Council or the chair's designee;
(4) up to 12 public members who have an
interest in promoting sustainable communities in Minnesota, including up to six
public members appointed by the speaker of the house of representatives and up
to six public members appointed by the majority leader of the senate. The
appointing authorities must use their best efforts to include at least one
representative from each of the following sectors: business, environmental,
energy, affordable housing, transportation, local government, planning, and
philanthropic.
The membership of the working group must
include balanced representation from rural, urban, and suburban areas of the
state.
Subd. 2. Duties.
The working group must identify strategies, recommendations, and a process
for implementing state-level coordination of state and local policies,
programs, and regulations in the areas of housing, transportation, natural
resource preservation, capital development, economic development,
sustainability, and preservation of the environment. The working group must
identify sustainable development principles that will guide decision making in Minnesota.
The working group must gather information and develop strategies relative to
the strategic use of state resources, to be consistent with statewide goals of
sustainable development. The working group must report proposed strategies,
recommendations, and a process for implementation to the legislature and the
governor by February 1, 2008. In its report to the legislature and the
governor, the working group must identify its source of funding.
Subd. 3. Administrative
provisions. (a) The commissioner of administration must convene the
initial meeting. Upon request of the working group, the commissioner must
provide meeting space and administrative services for the group. The Office of
Geographic and Demographic Analysis must provide staff support for the working
group. The members of the working group must elect a chair.
(b) Members of the working group serve
without compensation but may be reimbursed for expenses under Minnesota
Statutes, section 15.059.
(c) The working group expires June 30, 2008.
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(d) The working group may
accept gifts and grants, which are accepted on behalf of the state and
constitute donations to the state. Funds received are appropriated to the
commissioner of administration for purposes of the working group.
Sec. 85. TRAINING SERVICES.
During the biennium ending
June 30, 2009, state executive branch agencies must consider using services
provided by government training services before contracting with other outside
vendors for similar services.
Sec. 86. DEPARTMENT OF EMPLOYEE RELATIONS
ABOLISHED; DUTIES TRANSFERRED.
(a) The Department of
Employee Relations and the position of the commissioner of employee relations
are abolished as of June 1, 2008. Duties of the Department of Employee
Relations and the commissioner of employee relations are transferred on or
before June 1, 2008, to the commissioner of finance, except as follows:
(1) duties relating to
administration of the state employees workers' compensation program are
transferred on or before June 1, 2008, to the commissioner of administration;
and
(2) duties relating to
health care purchasing improvement under Minnesota Statutes, section 43A.312,
are transferred on or before June 1, 2008, to the commissioner of health.
(b) The commissioner of
employee relations, in consultation with the commissioner of finance, may
specify one or more dates before June 1, 2008, on which any or all of the
transfers provided in paragraph (a) will occur.
(c) The governor may, in
consultation with the commissioner of employee relations, the commissioner of
finance, the commissioner of administration, and the director of the Office of
Enterprise Technology, transfer other duties of the Department of Employee
Relations to other state agencies in order to most effectively and efficiently
accomplish the reorganization required by this act.
(d) Transfer of duties under
this section is subject to Minnesota Statutes, section 15.039.
(e) In addition to any other
protection, no employee in the classified service shall suffer job loss, have a
salary reduced, or have employment benefits reduced as a result of a
reorganization mandated or recommended under authority of this section. No
action taken after June 1, 2009, shall be considered a result of reorganization
for the purposes of this section.
EFFECTIVE DATE. This section is
effective the day following final enactment.
Sec. 87. STATE BUDGET TRENDS STUDY COMMISSION.
(a) The State Budget Trends
Study Commission is established for the purpose of completing a study of the
implications of state demographic trends for future state budget conditions,
including both expected revenue collections and spending for state government
services and local services supported by state revenues. The commission shall
consist of 15 public members, including five members appointed by the governor;
five members appointed by the senate Subcommittee on Committees of the
Committee on Rules and Administration; four members appointed by the speaker of
the house of representatives; and one member appointed by the minority leader
of the house of representatives. The respective appointing authorities must
complete their appointments under this section within 30 days of the effective
date of this section. The commissioner of finance must convene the commission
within 30 days of the completion of appointments under this section. The
members shall select their chair at the first meeting. When making appointments
under this section, the appointing authorities must consider the education and
expertise of appointees in fields such as public finance, demography, and
public administration.
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(b) Per diem and expense
payments to members, removal of members, and vacancies are governed by
Minnesota Statutes, section 15.059.
(c) The commissioners of
finance and revenue must provide data, analysis, and staff support required by
the commission to complete the study, including, but not limited to, the effect
of expected demographic changes over the next 25 years on state tax bases and
on existing state programs and appropriations. In preparing the study, the
commission shall consult with and use the services of the state demographer to
estimate the changing profile of the Minnesota population by age and other
factors relevant to the study. The commission may also contract with
appropriate consultants and experts as needed to complete the study.
(d) In completing the study,
the commission must consider:
(1) the effect of expected
demographic changes over the next 25 years on the tax base and revenue
collections for state income and sales tax, or other state taxes;
(2) estimates of tax revenue
collections for the years 2012, 2017, 2022, 2027, and 2032, taking into account
the sensitivity of the results for changes in estimated migration rates, labor
force participation by older individuals, and other shares of capital versus
labor;
(3) the effect of
demographic trends on entitlement programs and other large state appropriations
relative to current budget commitments;
(4) relative trends in
spending for state programs including trends identified in the fast growing
expenditures report completed under Minnesota Statutes, section 16A.103,
subdivision 4; and
(5) the structure of the
state budget with regard to budget stability and flexibility.
(e) The commission may make
recommendations for state tax or budget policy changes, including recommendations
for changes in tax base, mix of tax types, state and local finance
relationships, entitlements, or budget structure. The commission shall present
preliminary results to the chairs of the legislative committees with
jurisdiction over finance and taxes by February 1, 2008, and a final written
report to the same chairs by January 15, 2009, in compliance with Minnesota
Statutes, sections 3.195 and 3.197.
(f) This section expires on
June 30, 2009.
Sec. 88. INSURANCE STUDY.
The commissioner of employee
relations must study and report to the legislature by January 15, 2008, on the
estimated financial impact to the state employee group insurance program of
allowing each unmarried state employee to designate one significant individual,
as defined in Minnesota Statutes, section 43A.02, as the employee's dependent
under the program.
Sec. 89. REVISOR'S INSTRUCTION.
In the next and subsequent
editions of Minnesota Statutes and Minnesota Rules, the revisor of statutes
must replace references to the Department of Employee Relations and
commissioner of employee relations with references to the appropriate
department and commissioner specified in section 86. The revisor of statutes,
in consultation with affected commissioners of state agencies, must prepare a
bill for introduction in the 2008 legislative session making other statutory
changes needed to implement or conform with section 86.
EFFECTIVE DATE. This section is
effective the day following final enactment.
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Sec. 90. REPEALER.
Minnesota Statutes 2006,
sections 16A.102, subdivisions 1, 2, and 3; 16B.055, subdivisions 2 and 3;
16C.055, subdivision 1; 16C.08, subdivision 4a; 69.051, subdivision 1c;
359.085, subdivision 8; and 645.44, subdivision 19, are repealed.
ARTICLE 3
BEST VALUE CONTRACTS
Section 1. Minnesota
Statutes 2006, section 16C.02, is amended by adding a subdivision to read:
Subd. 4a. Best value; construction. For purposes of construction, building,
alteration, improvement, or repair services, "best value" describes
the result determined by a procurement method that considers price and
performance criteria, which may include, but are not limited to:
(1) the quality of the
vendor's or contractor's performance on previous projects;
(2) the timeliness of the
vendor's or contractor's performance on previous projects;
(3) the level of customer
satisfaction with the vendor's or contractor's performance on previous
projects;
(4) the vendor's or
contractor's record of performing previous projects on budget and ability to
minimize cost overruns;
(5) the vendor's or
contractor's ability to minimize change orders;
(6) the vendor's or
contractor's ability to prepare appropriate project plans;
(7) the vendor's or
contractor's technical capacities;
(8) the individual
qualifications of the contractor's key personnel; or
(9) the vendor's or
contractor's ability to assess and minimize risks.
"Performance on
previous projects" does not include the exercise or assertion of a
person's legal rights. This definition does not apply to sections 16C.32,
16C.33, 16C.34, and 16C.35.
Sec. 2. Minnesota Statutes
2006, section 16C.02, is amended by adding a subdivision to read:
Subd. 20. Vendor. "Vendor" means a business, including a
construction contractor or a natural person, and includes both if the natural
person is engaged in a business.
Sec. 3. Minnesota Statutes
2006, section 16C.03, subdivision 3, is amended to read:
Subd. 3. Acquisition
authority. The commissioner shall acquire all goods, services, and
utilities needed by agencies. The commissioner shall acquire goods, services,
and utilities by requests for bids, requests for proposals, reverse auctions as
provided in section 16C.10, subdivision 7, or other methods provided by law,
unless a section of law requires a particular method of acquisition to be used.
The commissioner shall make all decisions regarding acquisition activities. The
determination of the acquisition method and all decisions involved in the
acquisition process, unless otherwise provided for by law, shall be based on
best value which includes an evaluation of price
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and may include other
considerations including, but not limited to, environmental considerations,
quality, and vendor performance. A best value determination must be based on
the evaluation criteria detailed in the solicitation document. If criteria
other than price are used, the solicitation document must state the relative
importance of price and other factors. Unless it is determined by the
commissioner that an alternative solicitation method provided by law should be
used to determine best value, a request for bid must be used to solicit formal
responses for all building and construction contracts. Any or all responses
may be rejected. When using the request for bid process, the bid must be
awarded to the lowest responsive and responsible bidder, taking into
consideration conformity with the specifications, terms of delivery, the
purpose for which the contract or purchase is intended, the status and
capability of the vendor, and other considerations imposed in the request for
bids. The commissioner may decide which is the lowest responsible bidder for
all purchases and may use the principles of life-cycle costing, where
appropriate, in determining the lowest overall bid. The duties set forth in
this subdivision are subject to delegation pursuant to this section.
Sec. 4. Minnesota Statutes 2006, section 16C.03, is
amended by adding a subdivision to read:
Subd. 3a. Acquisition
authority; construction contracts. For all building and construction
contracts, the commissioner shall award contracts pursuant to section 16C.28,
and "best value" shall be defined and applied as set forth in
sections 16C.02, subdivision 4a, and 16C.28, subdivision 1, paragraph (a),
clause (2), and paragraph (c). The duties set forth in this subdivision are
subject to delegation pursuant to this section. The commissioner shall
establish procedures for developing and awarding best value requests for
proposals for construction projects. The criteria to be used to evaluate the
proposals must be included in the solicitation document and must be evaluated
in an open and competitive manner.
Sec. 5. Minnesota Statutes 2006, section 16C.03, is
amended by adding a subdivision to read:
Subd. 19. Training.
Any personnel administering procurement procedures for a user of best value
procurement or any consultant retained by a local unit of government to prepare
or evaluate solicitation documents must be trained, either by the department or
through other training, in the request for proposals process for best value
contracting for construction projects. The commissioner may establish a training
program for state and local officials, and vendors and contractors, on best
value procurement for construction projects, including those governed by
section 16C.28. If the commissioner establishes such a training program, the
state may charge a fee for providing training.
Sec. 6. Minnesota Statutes 2006, section 16C.26, is
amended to read:
16C.26
COMPETITIVE BIDS OR PROPOSALS.
Subdivision 1. Application.
Except as otherwise provided by sections 16C.10, 16C.26 and 16C.27, all contracts
for building and construction or repairs must be based on competitive bids
or proposals. "Competitive proposals" specifically refers to the
method of procurement described in section 16C.28, subdivision 1, paragraph
(a), clause (2), and paragraph (c).
Subd. 2. Requirement
contracts. Standard requirement price contracts for building and
construction must be established by competitive bids as provided in subdivision
1. The standard requirement price contracts may contain escalation clauses and may
provide for a negotiated price increase or decrease based upon a demonstrable
industrywide or regional increase or decrease in the vendor's costs or for the
addition of similar products or replacement items not significant to the total
value of existing contracts. The term of these contracts may not exceed five
years including all extensions.
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Subd. 3. Publication
of notice; expenditures over $25,000. If the amount of an expenditure is
estimated to exceed $25,000, bids or proposals must be solicited by
public notice in a manner designated by the commissioner. To the extent
practical, this must include posting on a state Web site. For expenditures over
$50,000, when a call for bids is issued, the commissioner shall solicit
sealed bids by providing notices to all prospective bidders known to the
commissioner by posting notice on a state Web site at least 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 proposals responsive to a request for proposals according to
section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c),
shall be submitted and evaluated in the manner described in the request for
proposals, regardless of the dollar amount. All original bids and
proposals 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.
Subd. 4. Building
and construction contracts; $50,000 or less. 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. Alternatively, a request for proposals may be
issued according to section 16C.28, subdivision 1, paragraph (a), clause (2),
and paragraph (c), for such contracts.
Subd. 5. Standard
specifications, security. Contracts must be based on the standard
specifications prescribed and enforced by the commissioner under this chapter,
unless otherwise expressly provided or as authorized under section 16C.28,
subdivision 1, paragraph (a), clause (2), and paragraph (c). Each bidder
for a contract vendor or contractor must furnish security approved
by the commissioner to ensure the making of the contract being bid for.
Subd. 6. Noncompetitive
bids. Agencies are encouraged to contract with small targeted group
businesses designated under section 16C.16 when entering into contracts that
are not subject to competitive bidding procedures.
Sec. 7. Minnesota Statutes 2006, section 16C.27,
subdivision 1, is amended to read:
Subdivision 1. Single
source of supply. Competitive bidding is or proposals are not
required for contracts clearly and legitimately limited to a single source of
supply, and the contract price may be best established by direct negotiation.
Sec. 8. Minnesota Statutes 2006, section 16C.28, is
amended to read:
16C.28
CONTRACTS; AWARD.
Subdivision 1. Lowest
responsible bidder Award requirements. (a) All state
building and construction contracts entered into by or under the supervision of
the commissioner or an agency for which competitive bids or proposals are
required must be awarded to the lowest responsible bidder, taking into
consideration conformity with the specifications, terms of delivery, the
purpose for which the contract is intended, the status and capability of the
vendor, and other considerations imposed in the call for bids. The commissioner
may decide which is the lowest responsible bidder for all contracts and may use
the principles of life cycle costing, where appropriate, in determining the
lowest overall bid. The head of the interested agency shall make the decision,
subject to the approval of the commissioner. Any or all bids may be rejected.
In a case where competitive bids are required and where all bids are rejected,
new bids, if solicited, must be called for as in the first instance, unless
otherwise provided by law. may be awarded to either of the following:
(1) the lowest responsible bidder, taking
into consideration conformity with the specifications, terms of delivery, the
purpose for which the contract is intended, the status and capability of the
vendor or contractor, other considerations imposed in the call for bids, and,
where appropriate, principles of life-cycle costing; or
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(2) the vendor or contractor
offering the best value, taking into account the specifications of the request
for proposals, the price and performance criteria as set forth in section
16C.02, subdivision 4a, and described in the solicitation document.
(b) The vendor or contractor
must secure bonding, commercial general insurance coverage, and workers'
compensation insurance coverage under paragraph (a), clause (1) or (2). The
commissioner shall determine whether to use the procurement process described
in paragraph (a), clause (1), or the procurement process described in paragraph
(a), clause (2), and paragraph (c). If the commissioner uses the method in
paragraph (a), clause (2), and paragraph (c), the head of the agency shall
determine which vendor or contractor offers the best value, subject to the
approval of the commissioner. Any or all bids or proposals may be rejected.
(c) When using the
procurement process described in subdivision 1, paragraph (a), clause (2), the
solicitation document must state the relative weight of price and other
selection criteria. The award must be made to the vendor or contractor offering
the best value applying the weighted selection criteria. If an interview of the
vendor's or contractor's personnel is one of the selection criteria, the relative
weight of the interview shall be stated in the solicitation document and
applied accordingly.
Subd. 1a. Establishment and purpose. (a) The state recognizes the
importance of the inclusion of a best value contracting system for construction
as an alternative to the current low-bid system of procurement. In order to
accomplish that goal, state and local governmental entities shall be able to
choose the best value system in different phases.
(b) "Best value"
means the procurement method defined in section 16C.02, subdivision 4a.
(c) The following entities
are eligible to participate in phase I:
(1) state agencies;
(2) counties;
(3) cities; and
(4) school districts with
the highest 25 percent enrollment of students in the state.
Phase I begins on the
effective date of this section.
(d) The following entities
are eligible to participate in phase II:
(1) those entities included
in phase I; and
(2) school districts with
the highest 50 percent enrollment of students in the state.
Phase II begins two years
from the effective date of this section.
(e) The following entities
are eligible to participate in phase III:
(1) all entities included in
phases I and II; and
(2) all other townships, school
districts, and political subdivisions in the state.
Phase III begins three years
from the effective date of this section.
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(f) The commissioner or any
agency for which competitive bids or proposals are required may not use best
value contracting as defined in section 16C.02, subdivision 4a, for more than
one project annually, or 20 percent of its projects, whichever is greater, in
each of the first three fiscal years in which best value construction
contracting is used.
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 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 by an authorized representative of the responder.
Subd. 3. Special circumstances. The commissioner
may reject the bid or proposal of any bidder vendor or
contractor who has failed to perform a previous contract with the state. In
the case of identical low bids from two or more bidders, the commissioner may
use negotiated procurement methods with the tied low bidders for that
particular transaction so long as the price paid does not exceed the low tied
bid price. The commissioner may award contracts to more than one bidder
vendor or contractor in accordance with subdivision 1, if doing so does not
decrease the service level or diminish the effect of competition.
Subd. 4. Record. A record must be kept of all
bids or proposals, including names of bidders, amounts of bids or
proposals, and each successful bid or proposal. This record is open
to public inspection, subject to section 13.591 and other applicable law.
Subd. 5. Preferences not cumulative. The
preferences under sections 16B.121, 16C.06, subdivision 7, and 16C.16 apply,
but are not cumulative. The total percentage of preference granted on a
contract may not exceed the highest percentage of preference allowed for that
contract under any one of those sections.
Sec. 9. Minnesota Statutes
2006, section 103D.811, subdivision 3, is amended to read:
Subd. 3. Awarding of contract. (a) At a time and
place specified in the bid notice, the managers may accept or reject any or all
bids and may award the contract to the lowest responsible bidder. The bidder to
whom the contract is to be awarded must give a bond, with ample security,
conditioned by satisfactory completion of the contract.
(b) Bids must not be
considered which in the aggregate exceed by more than 30 percent the total
estimated cost of construction or implementation.
(c) As an alternative to
the procurement method described in paragraph (a), the managers may issue a
request for proposals and award the contract to the vendor or contractor
offering the best value as described in section 16C.28, subdivision 1,
paragraph (a), clause (2), and paragraph (c).
(d) The contract must be in
writing and be accompanied by or refer to the plans and specifications for the
work to be done as prepared by the engineer for the watershed district. The
plans and specifications shall become a part of the contract.
(d) (e) The contract
shall be approved by the managers and signed by the president, secretary, and
contractor.
Sec. 10. Minnesota Statutes
2006, section 103E.505, subdivision 5, is amended to read:
Subd. 5. How contract may be awarded. The
contract may be awarded in one job, in sections, or separately for labor and
material and must may be let to the lowest responsible bidder. Alternatively,
the contract may be awarded to the vendor or contractor offering the best value
under a request for proposals as described in section 16C.28, subdivision 1,
paragraph (a), clause (2), and paragraph (c).
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Sec. 11. Minnesota Statutes 2006, section 116A.13,
subdivision 5, is amended to read:
Subd. 5. How
job may be let. The job may be let in one job, or in sections, or
separately for labor and material, and shall may be let to the
lowest responsible bidder or bidders therefor. Alternatively, the contract
may be awarded to the vendor or contractor offering the best value under a
request for proposals as described in section 16C.28, subdivision 1, paragraph
(a), clause (2), and paragraph (c).
Sec. 12. Minnesota Statutes 2006, section 123B.52,
subdivision 1, is amended to read:
Subdivision 1. Contracts.
A contract for work or labor, or for the purchase of furniture, fixtures, or
other property, except books registered under the copyright laws, or for the
construction or repair of school houses, the estimated cost or value of which
shall exceed that specified in section 471.345, subdivision 3, must not be made
by the school board without first advertising for bids or proposals by two
weeks' published notice in the official newspaper. This notice must state the
time and place of receiving bids and contain a brief description of the subject
matter.
Additional publication in the official newspaper or
elsewhere may be made as the board shall deem necessary.
After taking into consideration conformity with the
specifications, terms of delivery, and other conditions imposed in the call for
bids, every such contract for which a call for bids has been issued must
be awarded to the lowest responsible bidder, be duly executed in writing, and
be otherwise conditioned as required by law. The person to whom the contract is
awarded shall give a sufficient bond to the board for its faithful performance.
Notwithstanding section 574.26 or any other law to the contrary, on a contract
limited to the purchase of a finished tangible product, a board may require, at
its discretion, a performance bond of a contractor in the amount the board
considers necessary. A record must be kept of all bids, with names of bidders
and amount of bids, and with the successful bid indicated thereon. 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 as provided in this section. An alteration
or erasure may be crossed out and the correction thereof printed in ink or
typewritten adjacent thereto and initialed in ink by the person signing the
bid. In the case of identical low bids from two or more bidders, the board may,
at its discretion, utilize negotiated procurement methods with the tied low
bidders for that particular transaction, so long as the price paid does not
exceed the low tied bid price. In the case where only a single bid is received,
the board may, at its discretion, negotiate a mutually agreeable contract with
the bidder so long as the price paid does not exceed the original bid. If no
satisfactory bid is received, the board may readvertise. Standard requirement
price contracts established for supplies or services to be purchased by the
district must be established by competitive bids. Such standard requirement
price contracts may contain escalation clauses and may provide for a negotiated
price increase or decrease based upon a demonstrable industrywide or regional
increase or decrease in the vendor's costs. Either party to the contract may
request that the other party demonstrate such increase or decrease. The term of
such contracts must not exceed two years with an option on the part of the
district to renew for an additional two years. Contracts for the purchase of
perishable food items, except milk for school lunches and vocational training
programs, in any amount may be made by direct negotiation by obtaining two or
more written quotations for the purchase or sale, when possible, without
advertising for bids or otherwise complying with the requirements of this
section or section 471.345, subdivision 3. All quotations obtained shall be
kept on file for a period of at least one year after receipt.
Every contract made without compliance with the
provisions of this section shall be void. Except in the case of the destruction
of buildings or injury thereto, where the public interest would suffer by
delay, contracts for repairs may be made without advertising for bids.
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Sec. 13. Minnesota Statutes 2006, section 123B.52,
is amended by adding a subdivision to read:
Subd. 1b. Best
value alternative. As an alternative to the procurement method
described in subdivision 1, a contract for construction, building, alteration,
improvement, or repair work may be awarded to the vendor or contractor offering
the best value under a request for proposals as described in section 16C.28,
subdivision 1, paragraph (a), clause (2), and paragraph (c).
Sec. 14. Minnesota Statutes 2006, section 160.17, is
amended by adding a subdivision to read:
Subd. 2a. Best
value alternative. As an alternative to the procurement method referenced
in subdivision 2, counties or towns may issue a request for proposal and award
the contract to the vendor or contractor offering the best value as described
in section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).
Sec. 15. Minnesota Statutes 2006, section 160.262,
is amended by adding a subdivision to read:
Subd. 5. Best
value alternative. As an alternative to the procurement method
described in subdivision 4, the commissioner may allow for the award of
design-build contracts for the projects described in subdivision 4 to the vendor or contractor offering the best value under
a request for proposals as described in section 16C.28, subdivision 1,
paragraph (a), clause (2), and paragraph (c).
Sec. 16. Minnesota Statutes 2006, section 161.32, is
amended by adding a subdivision to read:
Subd. 1f. Best
value alternative. As an alternative to the procurement method
described in subdivisions 1a to 1e, the commissioner may issue a request for
proposals and award the contract to the vendor or contractor offering the best
value as described in section 16C.28, subdivision 1, paragraph (a), clause (2),
and paragraph (c).
Sec. 17. [161.3206]
BEST VALUE CONTRACTING AUTHORITY.
Notwithstanding sections 16C.25, 161.32,
161.321, or any other law to the contrary, the commissioner may solicit and
award all contracts, other than design-build contracts governed by section
161.3412, for a project on the basis of a best value selection process as
defined in section 16C.02, subdivision 4a. Section 16C.08 does not apply to
this section.
Sec. 18. Minnesota Statutes 2006, section 161.3412,
subdivision 1, is amended to read:
Subdivision 1. Best
value selection for design-build contracts. Notwithstanding sections
16C.25, 161.32, and 161.321, or any other law to the contrary, the commissioner
may solicit and award a design-build contract for a project on the basis of a
best value selection process. Section 16C.08 does not apply to design-build
contracts to which the commissioner is a party.
Sec. 19. Minnesota Statutes 2006, section 161.38,
subdivision 4, is amended to read:
Subd. 4. Effects
on other law of public contract with commissioner. Whenever the road
authority of any city enters into an agreement with the commissioner pursuant
to this section, and a portion of the cost is to be assessed against benefited
property, the letting of a public contract by the commissioner for the work
shall be deemed to comply with statutory or charter provisions requiring the
city (1) to advertise for bids before awarding a contract for a public
improvement, (2) to let the contract to the lowest responsible bidder or to
the vendor or contractor offering the best value, and (3) to require a
performance bond to be filed by the contractor before undertaking the work. The
contract so let by the commissioner and the performance bond required of the
contractor by the commissioner shall be considered to be the contract and bond
of the city for the purposes of complying with the requirements of any
applicable law or charter provision, and the bond shall inure to the benefit of
the city and operate for their protection to the same extent as though they
were parties thereto.
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Sec. 20. Minnesota Statutes 2006, section 365.37, is
amended by adding a subdivision to read:
Subd. 2a. Best
value alternative. As an alternative to the procurement method
described in subdivision 2, a contract for construction, building, alteration, improvement,
or repair work may be awarded to the vendor or contractor offering the best
value under a request for proposals as described in section 16C.28, subdivision
1, paragraph (a), clause (2), and paragraph (c).
Sec. 21. Minnesota Statutes 2006, section 374.13, is
amended to read:
374.13 TO
ADVERTISE FOR BIDS.
Subdivision 1. Bidding process. When the plans and specifications are
completed and approved by the city council and the county board, the commission
shall, after notice appropriate to inform possible bidders, obtain bids or
proposals for all or any portion of the work or materials, or both, to be done,
performed, or furnished in the construction of the building. All bids or
proposals shall be sealed by the bidders or proposers and filed with the
commission at or before the time specified for the opening of bids or
proposals. At the time and place specified for the opening of bids or
proposals, the commission shall meet, open the bids or proposals, tabulate
them, and award the contract or contracts to the responsible bidder whose bid
or proposal is the most favorable to the city or county, or reject all bids and
proposals. If all bids or proposals are rejected, the commission may, after
similar notice, obtain more bids or proposals or may modify or change the plans
and specifications and submit the modified plans and specifications to the city
council and the county board for approval. When the modified or changed plans
and specifications are satisfactory to both the city council and the county board,
the plans and specifications shall be returned to the commission and the
commission shall proceed again, after similar notice, to obtain bids or
proposals. Any contract awarded by the commission shall be subject to approval
by the city council and the county board.
Subd. 2. Best
value alternative. As an alternative to the procurement method
described in subdivision 1, the commission may issue a request for proposals
and award the contract to the vendor or contractor offering the best value as
described in section 16C.28, subdivision 1, paragraph (a), clause (2), and
paragraph (c).
Sec. 22. Minnesota Statutes 2006, section 375.21, is
amended by adding a subdivision to read:
Subd. 1b. Best
value alternative. As an alternative to the procurement method
described in subdivision 1, a county board may award a contract for
construction, building, alteration, improvement, or repair work to the vendor
or contractor offering the best value under a request for proposals as
described in section 16C.28, subdivision 1, paragraph (a), clause (2), and
paragraph (c).
Sec. 23. Minnesota Statutes 2006, section 383C.094,
is amended by adding a subdivision to read:
Subd. 1a. Contracts
in excess of $500; best value alternative. As an alternative to the
procurement method described in subdivision 1, the contract may be awarded to
the vendor or contractor offering the best value under a request for proposals
as described in section 16C.28, subdivision 1, paragraph (a), clause (2), and
paragraph (c).
Sec. 24. Minnesota Statutes 2006, section 412.311,
is amended to read:
412.311
CONTRACTS.
Subdivision 1. Lowest responsible bidder. Except as provided in sections
471.87 to 471.89, no member of a council shall be directly or indirectly
interested in any contract made by the council. Whenever the amount of a
contract for the purchase of merchandise, materials or equipment or for any
kind of construction work undertaken by the city is estimated to exceed the
amount specified by section 471.345, subdivision 3, the contract shall be let
to the lowest responsible bidder, after notice has been published once in the
official newspaper at least ten days in advance of the last day for the
submission of bids. If the amount of the contract exceeds $1,000, it shall be
entered into only after compliance with section 471.345.
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Subd. 2. Best
value alternative. As an alternative to the procurement method
described in subdivision 1, a contract for construction, building, alteration,
improvement, or repair work may be awarded to the vendor or contractor offering
the best value under a request for proposals as described in section 16C.28,
subdivision 1, paragraph (a), clause (2), and paragraph (c).
Sec. 25. Minnesota Statutes 2006, section 429.041,
is amended by adding a subdivision to read:
Subd. 2a. Best
value alternative. As an alternative to the procurement method
described in subdivision 2, the council may issue a request for proposals and
award the contract to the vendor or contractor offering the best value as
described in section 16C.28, subdivision 1, paragraph (a), clause (2), and
paragraph (c).
Sec. 26. Minnesota Statutes 2006, section 458D.21,
is amended by adding a subdivision to read:
Subd. 2a. Contracts
in excess of $5,000; best value alternative. As an alternative to
the procurement method described in subdivision 2, the board may issue a
request for proposals and award the contract to the vendor or contractor
offering the best value as described in section 16C.28, subdivision 1,
paragraph (a), clause (2), and paragraph (c).
Sec. 27. Minnesota Statutes 2006, section 469.015,
is amended by adding a subdivision to read:
Subd. 1a. Best
value alternative. As an alternative to the procurement method described
in subdivision 1, the authority may issue a request for proposals and award the
contract to the vendor or contractor offering the best value under a request for proposals as described in
section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).
Sec. 28. Minnesota Statutes 2006, section 469.068,
subdivision 1, is amended to read:
Subdivision 1. Contracts;
bids; bonds. All construction work and every purchase of equipment, supplies,
or materials necessary in carrying out the purposes of sections 469.048 to
469.068, that involve the expenditure of $1,000 or more, shall be awarded by
contract as provided in this subdivision or in subdivision 1a. Before
receiving bids under sections 469.048 to 469.068, the authority shall publish,
once a week for two consecutive weeks in the official newspaper of the port's
city, a notice that bids will be received for the construction work, or
purchase of equipment, supplies, or materials. The notice shall state the
nature of the work, and the terms and conditions upon which the contract is to
be let and name a time and place where the bids will be received, opened, and
read publicly, which time shall be not less than seven days after the date of
the last publication. After the bids have been received, opened, read publicly,
and recorded, the commissioners shall award the contract to the lowest
responsible bidder, reserving the right to reject any or all bids. The contract
shall be executed in writing and the person to whom the contract is awarded
shall give sufficient bond to the board for its faithful performance. If no
satisfactory bid is received, the port authority may readvertise, or, by an
affirmative vote of two of its commissioners in the case of a three-member
commission, or five of its members in the case of a seven-member commission,
may authorize the authority to perform any part or parts of any construction
work by day labor under conditions it prescribes. The commissioners may establish
reasonable qualifications to determine the fitness and responsibility of
bidders, and require bidders to meet the qualifications before bids are
accepted. If the commissioners by a two-thirds or five-sevenths vote declare
that an emergency exists requiring the immediate purchase of any equipment or
material or supplies at a cost in excess of $1,000, but not exceeding $5,000,
in amount, or making of emergency repairs, it shall not be necessary to
advertise for bids, but the material, equipment, or supplies may be purchased
in the open market at the lowest price obtainable, or the emergency repairs may
be contracted for or performed without securing formal competitive bids. An
emergency, for purposes of this section, is unforeseen circumstances or conditions
which result in the jeopardizing of human life or property.
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In all contracts involving the employment of labor,
the commissioners shall stipulate conditions they deem reasonable, as to the
hours of labor and wages and may stipulate as to the residence of employees to
be employed by the contractors.
Bonds shall be required from contractors for any
works of construction as provided in and subject to all the provisions of
sections 574.26 to 574.31.
Sec. 29. Minnesota Statutes 2006, section 469.068,
is amended by adding a subdivision to read:
Subd. 1a. Contracts;
best value alternative. As an alternative to the procurement method described
in subdivision 1, a contract may be awarded to the vendor or contractor
offering the best value under a request for proposals as described in section
16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).
Sec. 30. Minnesota Statutes 2006, section 469.101,
is amended by adding a subdivision to read:
Subd. 5a. Construction
contracts. For all contracts for construction, alteration, repair,
or maintenance work, the authority may award contracts to the vendor offering
the best value, and "best value" shall be defined and applied as set
forth in sections 16C.02, subdivision 4a, and 16C.28, subdivision 1, paragraph
(a), clause (2), and paragraph (c). Alternatively, the authority may award all
contracts for construction, alteration, repair, or maintenance work to the
lowest responsible bidder, reserving the right to reject any or all bids.
Sec. 31. Minnesota Statutes 2006, section 471.345,
is amended by adding a subdivision to read:
Subd. 3a. Contracts
over $50,000; best value alternative. As an alternative to the
procurement method described in subdivision 3, municipalities may award a
contract for construction, alteration, repair, or maintenance work to the
vendor or contractor offering the best value under a request for proposals as
described in section 16C.28, subdivision 1, paragraph (a), clause (2), and
paragraph (c).
Sec. 32. Minnesota Statutes 2006, section 471.345,
is amended by adding a subdivision to read:
Subd. 4a. Contracts
from $10,000 to $50,000; best value alternative. As an alternative
to the procurement method described in subdivision 4, municipalities may award
a contract for construction, alteration, repair, or maintenance work to the
vendor or contractor offering the best value under a request for proposals as
described in section 16C.28, subdivision 1, paragraph (a), clause (2), and
paragraph (c).
Sec. 33. Minnesota Statutes 2006, section 471.345,
subdivision 5, is amended to read:
Subd. 5. Contracts
less than $10,000. If the amount of the contract is estimated to be $10,000
or less, the contract may be made either upon quotation or in the open market,
in the discretion of the governing body. If the contract is made upon quotation
it shall be based, so far as practicable, on at least two quotations which
shall be kept on file for a period of at least one year after their receipt. Alternatively,
municipalities may award a contract for construction, alteration, repair, or
maintenance work to the vendor or contractor offering the best value under a
request for proposals as described in section 16C.28, subdivision 1, paragraph
(a), clause (2), and paragraph (c).
Sec. 34. Minnesota Statutes 2006, section 473.523,
is amended by adding a subdivision to read:
Subd. 1a. Contracts
over $50,000; best value alternative. As an alternative to the
procurement method described in subdivision 1, the council may issue a request
for proposals and award the contract to the vendor or contractor offering the
best value under a request for proposals as described in section 16C.28,
subdivision 1, paragraph (a), clause (2), and paragraph (c).
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Sec. 35. Minnesota Statutes
2006, section 473.756, subdivision 12, is amended to read:
Subd. 12. Contracts. The authority may enter into
a development agreement with the team, the county, or any other entity relating
to the construction, financing, and use of the ballpark and related facilities
and public infrastructure. The authority may contract for materials, supplies,
and equipment in accordance with sections 471.345 and 473.754, except that the
authority, with the consent of the county, may employ or contract with persons,
firms, or corporations to perform one or more or all of the functions of
architect, engineer, or construction manager with respect to all or any part of
the ballpark and public infrastructure. Alternatively, at the request of the
team and with the consent of the county, the authority shall authorize the team
to provide for the design and construction of the ballpark and related public
infrastructure, subject to terms of Laws 2006, chapter 257. The construction
manager may enter into contracts with contractors for labor, materials,
supplies, and equipment for the construction of the ballpark and related public
infrastructure through the process of public bidding, except that the
construction manager may, with the consent of the authority or the team:
(1) narrow the listing of
eligible bidders to those which the construction manager determines to possess
sufficient expertise to perform the intended functions;
(2) award contracts to the
contractors that the construction manager determines provide the best value
under a request for proposals as described in section 16C.28, subdivision 1,
paragraph (a), clause (2), and paragraph (c), which are not required to be
the lowest responsible bidder; and
(3) for work the
construction manager determines to be critical to the completion schedule,
award contracts on the basis of competitive proposals or perform work with its
own forces without soliciting competitive bids if the construction manager
provides evidence of competitive pricing.
The authority shall require
that the construction manager certify, before the contract is signed, a fixed
and stipulated construction price and completion date to the authority and post
a performance bond in an amount at least equal to 100 percent of the certified
price, to cover any costs which may be incurred in excess of the certified
price, including but not limited to costs incurred by the authority or loss of
revenues resulting from incomplete construction on the completion date. The
authority may secure surety bonds as provided in section 574.26, securing
payment of just claims in connection with all public work undertaken by it.
Persons entitled to the protection of the bonds may enforce them as provided in
sections 574.28 to 574.32, and shall not be entitled to a lien on any property
of the authority under the provisions of sections 514.01 to 514.16. Contracts
for construction and operation of the ballpark must include programs, including
Youthbuild, to provide for participation by small local businesses and
businesses owned by people of color, and the inclusion of women and people of
color in the workforces of contractors and ballpark operators. The construction
of the ballpark is a "project" as that term is defined in section
177.42, subdivision 2, and is subject to the prevailing wage law under sections
177.41 to 177.43.
ARTICLE 4
ELECTIONS
Section 1. Minnesota Statutes
2006, section 201.016, subdivision 1a, is amended to read:
Subd. 1a. Violations; penalty. (a) The county
auditor shall mail a violation notice to any voter who the county auditor can
determine has voted in a precinct other than the precinct in using an
address at which the voter maintains does not maintain residence
on election day. The notice must be in the form provided by the secretary
of state. The county auditor shall also change the status of the voter in the
statewide registration system to "challenged" and the voter shall be
required to provide proof of residence to either the county auditor or to the
election judges in the voter's precinct before voting in the next election. Any
of the forms authorized by section 201.061 for registration at the polling
place may be used for this purpose.
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(b) A voter who votes in a
precinct other than the precinct in which the voter maintains residence after
receiving an initial violation notice as provided in this subdivision is guilty
of a petty misdemeanor.
(c) A voter who votes in a
precinct other than the precinct in which the voter maintains residence after
having been found to have committed a petty misdemeanor under paragraph (b) is
guilty of a misdemeanor.
(d) Reliance by the voter on
inaccurate information regarding the location of the voter's polling place
provided by the state, county, or municipality is an affirmative defense to a
prosecution under this subdivision.
Sec. 2. Minnesota Statutes
2006, section 201.056, is amended to read:
201.056 SIGNATURE OF REGISTERED VOTER; MARKS ALLOWED.
An individual who is unable
to write the individual's name shall be required to sign a registration card
by making the individual's mark application in the manner provided by
section 645.44, subdivision 14. If the individual registers in person
and signs by making a mark, the clerk or election judge accepting the
registration shall certify the mark by signing the individual's name. If the
individual registers by mail and signs by making a mark, the mark shall
be certified by having a voter registered in the individual's precinct sign the
individual's name and the voter's own name and give the voter's own address.
Sec. 3. Minnesota Statutes
2006, section 201.061, subdivision 1, is amended to read:
Subdivision 1. Prior to election day. At any time
except during the 20 days immediately preceding any regularly scheduled
election, an eligible voter or any individual who will be an eligible voter at
the time of the next election may register to vote in the precinct in which the
voter maintains residence by completing a paper voter registration
application as described in section 201.071, subdivision 1, and submitting it
in person or by mail to the county auditor of that county or to the Secretary
of State's Office. The secretary of state may maintain a Web site function
that enables an individual who has a Minnesota driver's license, identification
card, or learner's permit to register online. A registration that is
received no later than 5:00 p.m. on the 21st day preceding any election shall
be accepted. An improperly addressed or delivered registration application
shall be forwarded within two working days after receipt to the county auditor
of the county where the voter maintains residence. A state or local agency or
an individual that accepts completed voter registration applications from a
voter must submit the completed applications to the secretary of state or the
appropriate county auditor within ten business days after the
applications are dated by the voter.
For purposes of this
section, mail registration is defined as a voter registration application
delivered to the secretary of state, county auditor, or municipal clerk by the
United States Postal Service or a commercial carrier.
Sec. 4. Minnesota Statutes
2006, section 201.061, is amended by adding a subdivision to read:
Subd. 1b. Prohibited methods of compensation; penalty. (a) No
individual may be compensated for the solicitation, collection, or acceptance
of voter registration applications from voters for submission to the secretary
of state, a county auditor, or other local election official in a manner in
which payment is calculated by multiplying (1) either a set or variable payment
rate, by (2) the number of voter registration applications solicited,
collected, or accepted.
(b) No individual may be
deprived of compensation or have compensation automatically reduced exclusively
for failure to solicit, collect, or accept a minimum number of voter
registration applications and no individual may receive additional compensation
for reaching or exceeding a minimum number of voter registration applications.
(c) A person who violates
this subdivision is guilty of a petty misdemeanor.
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Sec. 5. Minnesota Statutes 2006, section 201.061,
subdivision 3, is amended to read:
Subd. 3. Election
day registration. (a) The definitions in this paragraph apply to this
subdivision:
(1) "current utility bill" means a
utility bill dated within 30 days before the election day or due within 30 days
before or after the election;
(2) "photo identification" means
identification that displays the name and photo of an individual and that was
issued by:
(i) another state for use as a driver's
license or identification card;
(ii) a Minnesota college, university, or
other postsecondary educational institution or high school as a student
identification card; or
(iii) a tribal government of a tribe
recognized by the Bureau of Indian Affairs, United States Department of the
Interior;
(3) "residential facility" means
transitional housing as defined in section 256E.33, 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; and
(4) "utility bill" means a written
or electronic bill for gas, electricity, telephone, wireless telephone, cable
television, satellite television, solid waste, water, sewer services, or an
itemized rent statement.
(b) 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:
(i) a photo identification; and
(ii) a current utility bill or lease, showing
the individual's name and valid residential address in the precinct;
(3) 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, address,
signature, and picture of the individual;
(2) (4) presenting any document approved by the secretary
of state as proper identification;
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(3) (5) 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
photo identification card; or
(4) (6)(i) 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.
(ii) 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 256E.33, 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.
(d) For tribal band members, an individual
may prove residence for purposes of registering by:
(1) 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, address,
signature, and picture of the individual; or
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(2) 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, signature,
and picture of the individual and also presenting one of the documents listed
in Minnesota Rules, part 8200.5100, subpart 2, item B.
(c) An employee of a residential facility
must prove employment with that facility by presenting a current identification
card issued by the facility or other official documentation verifying the
employee's current status with the facility on election day to be eligible to
vouch for individuals residing in that facility.
(e) (d) A county, school district, or municipality may
require that an election judge responsible for election day registration
initial each completed registration application.
EFFECTIVE
DATE. This
section is effective September 1, 2007.
Sec. 6. Minnesota Statutes 2006, 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, and 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 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 the right to vote because, if I have been
convicted of a felony, 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?"
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And the instruction:
"If you checked 'no' to either of these
questions, do not complete this form."
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 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.
A paper voter registration application must
include space for the voter's signature and be of suitable size and weight for
mailing.
Sec. 7. Minnesota Statutes 2006, section 201.091,
subdivision 9, is amended to read:
Subd. 9. Restricted
data. A list provided for public inspection or purchase, for jury
selection, or in response to a law enforcement inquiry, must not include a
voter's date of birth or any part of a voter's Social Security number, driver's
license number, or identification card number, military identification
card number, or passport number.
Sec. 8. Minnesota Statutes 2006, section 201.12, is
amended to read:
201.12 PROPER
REGISTRATION; VERIFICATION BY MAIL; CHALLENGES.
Subdivision 1. Notice
of registration. To prevent fraudulent voting and to eliminate excess
names, the county auditor may mail to any registered voter a notice stating the
voter's name and address as they appear in the registration files. The notice
shall request the voter to notify the county auditor if there is any mistake in
the information.
Subd. 2. Challenges
Moved within state. If the notice is returned as undeliverable but
with a permanent forwarding address in this state, the county auditor shall
notify the auditor of the county where the voter resides. Upon receipt of the
notice, the county auditor shall update the voter's address in the statewide
voter registration system and mail to the voter the notice of registration
required by section 201.121, subdivision 2. The notice must advise the voter
that the voter's voting address has been changed and that the voter must notify
the county auditor within 21 days if the new address is not what the voter
intended to be their permanent address.
Subd. 3. Moved
out of state. If the notice is returned as undeliverable but with a
permanent forwarding address outside this state, the county auditor shall
promptly mail to the voter at the forwarding address a notice advising the
voter that the voter's voter registration in this state will be deleted unless
the voter notifies the county auditor within 21 days that the voter intends to
retain the former address as the voter's permanent address. If the notice is
not received by the deadline, the county auditor shall change the voter's
status to "inactive" in the statewide registration system.
Subd. 4. Challenges.
Upon return of any nonforwardable mailing from an election official, the
county auditor or the auditor's staff shall ascertain the name and address of
that individual. If the individual is no longer at the address recorded in the
statewide registration system If the notice is returned as undeliverable
but with no forwarding address, the county auditor shall change the
registrant's status to "challenged" in the statewide
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registration system. An
individual challenged in accordance with this subdivision shall comply with the
provisions of section 204C.12, before being allowed to vote. If a notice mailed
at least 60 days after the return of the first nonforwardable mailing is also
returned by the postal service, the county auditor shall change the
registrant's status to "inactive" in the statewide registration
system.
EFFECTIVE
DATE. This
section is effective August 1, 2007.
Sec. 9. Minnesota Statutes 2006, section 201.13,
subdivision 3, is amended to read:
Subd. 3. Use
of change of address system. The county auditor may delete the records
in the statewide registration system of voters whose change of address can be
confirmed by the United States Postal Service. The secretary of state may
provide the county auditors with periodic reports on voters whose change of
address can be confirmed by the United States Postal Service.
(a) At least once each month the secretary of
state shall obtain a list of individuals in this state who have filed with the
United States Postal Service a change of their permanent address. If an
individual is registered as a voter in the statewide voter registration system
and the change is to another address in this state, the secretary of state
shall transmit the registration by electronic means to the county auditor of
the county where the voter resides. Upon receipt of the registration, the
county auditor shall update the voter's address in the statewide voter
registration system and mail to the voter the notice of registration required
by section 201.121, subdivision 2. The notice must advise the voter that the
voter's permanent address has been changed and that the voter must notify the
county auditor within 21 days if the new address is not what the voter intended
to be the voter's permanent address.
(b) If the change of permanent address is to
a forwarding address outside this state, the secretary of state shall notify by
electronic means the auditor of the county where the voter formerly resided
that the voter has left the state. The county auditor shall promptly mail to
the voter at the forwarding address a notice advising the voter that the
voter's voter registration in this state will be deleted unless the voter
notifies the county auditor within 21 days that the voter intends to retain the
former address as the voter's permanent address. If the notice is not received
by the deadline, the county auditor shall change the voter's status to
"inactive" in the statewide registration system.
EFFECTIVE
DATE. This
section is effective April 1, 2008.
Sec. 10. Minnesota Statutes 2006, section 201.161,
is amended to read:
201.161 AUTOMATIC
REGISTRATION OF DRIVER'S LICENSE, INSTRUCTION PERMIT, AND
IDENTIFICATION CARD APPLICATIONS APPLICANTS.
Subdivision 1. Automatic registration. An individual who properly
completes an application for a new or renewed Minnesota driver's license,
instruction permit, or identification card, and who is eligible to vote under
section 201.014, must be registered to vote as provided in this section, unless
the applicant declines to be registered.
Subd. 2. Applications.
The Department commissioner of public safety, in consultation
with the secretary of state, shall change its the
applications for an original, duplicate, or change of address driver's license,
instruction permit, or identification card so that the forms may also serve
as voter registration applications. The forms must contain spaces for all information
collected by voter registration applications prescribed by the secretary of
state and a box for the applicant to decline to be registered to vote. Applicants
for driver's licenses or identification cards must be asked if they want to
register to vote at the same time and that Unless the applicant has
declined to be registered to vote, the commissioner shall transmit the information
must be transmitted at least weekly daily by electronic means to
the secretary of state. Pursuant to the Help America Vote Act of 2002, Public
Law 107-252, the computerized driver's license record containing the voter's
name, address, date of birth, citizenship, driver's license number or
state identification number, county, town, and city or town, and
signature must be made available for access by the secretary of state and
interaction with the statewide voter registration system.
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Subd. 3. Registration.
(a) The secretary of state shall determine whether the applicant is
currently registered in the statewide voter registration system. For each
currently registered voter whose registration has not changed, the secretary of
state shall update the voter's registration date in the statewide voter registration
system. For each currently registered voter whose registration has changed, the
secretary of state shall transmit the registration daily by electronic means to
the county auditor of the county where the voter resides.
(b) If the applicant is not currently
registered in the statewide voter registration system, the secretary of state
shall determine whether the applicant is 18 years of age or older and a citizen
of the United States and compare the voter registration information received
from the commissioner of public safety with the information on wards,
incompetents, and felons received from the state court administrator under
sections 201.15 and 201.155, to determine whether the applicant is eligible to
vote. If an applicant is less than 18 years of age, the secretary of state
shall wait until the applicant has turned 18 years of age to determine whether
the applicant is eligible to vote. For each applicant the secretary of state
determines is an eligible voter, the secretary of state shall transmit the
registration daily by electronic means to the county auditor of the county
where the voter resides.
Subd. 4. Notice.
Upon receipt of the registration, the county auditor shall mail to the voter
the notice of registration required by section 201.121, subdivision 2.
Subd. 5. Registrations
dated 20 days or less before election. An application for
registration that is dated during the 20 days before an election in any
jurisdiction within which the voter resides is not effective until the day
after the election.
EFFECTIVE
DATE. An
applicant for a Minnesota driver's license, instruction permit, or
identification card must not be registered to vote under this section until the
secretary of state has certified that the system for automatic registration of those
applicants has been tested and shown to properly determine whether an applicant
is eligible to vote.
Sec. 11. Minnesota Statutes 2006, section 201.171,
is amended to read:
201.171
POSTING VOTING HISTORY; FAILURE TO VOTE; REGISTRATION REMOVED.
Within six weeks after every election, the county
auditor shall post the voting history for every person who voted in the
election. After the close of the calendar year, the secretary of state shall
determine if any registrants have not voted during the preceding four six
years. The secretary of state shall perform list maintenance by changing
the status of those registrants to "inactive" in the statewide
registration system. The list maintenance performed must be conducted in a
manner that ensures that the name of each registered voter appears in the
official list of eligible voters in the statewide registration system. A voter
must not be removed from the official list of eligible voters unless the voter
is not eligible or is not registered to vote. List maintenance must include
procedures for eliminating duplicate names from the official list of eligible
voters.
The secretary of state shall also prepare a report
to the county auditor containing the names of all registrants whose status was
changed to "inactive."
Registrants whose status was changed to
"inactive" must register in the manner specified in section 201.054
before voting in any primary, special primary, general, school district, or
special election, as required by section 201.018.
Although not counted in an election, a late or
rejected absentee or mail ballot must be considered a vote for the
purpose of continuing registration.
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Sec. 12. Minnesota Statutes
2006, section 203B.02, subdivision 1, is amended to read:
Subdivision 1. Unable to go to polling place
Eligibility for absentee voting. (a) Any eligible voter who
reasonably expects to be unable to go to the polling place on election day in the
precinct where the individual maintains residence because of absence from the
precinct; illness, including isolation or quarantine under sections 144.419 to
144.4196 or United States Code, title 42, sections 264 to 272; disability;
religious discipline; observance of a religious holiday; or service as an
election judge in another precinct may vote by absentee ballot as provided
in sections 203B.04 to 203B.15.
(b) If the governor has
declared an emergency and filed the declaration with the secretary of state
under section 12.31, and the declaration states that the emergency has made it
difficult for voters to go to the polling place on election day, any voter in a
precinct covered by the declaration may vote by absentee ballot as provided in
sections 203B.04 to 203B.15.
EFFECTIVE DATE. This section is
effective April 1, 2008.
Sec. 13. Minnesota Statutes
2006, 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 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) (1) the county
auditor of the county where the applicant maintains residence; or
(b) (2) 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 ballot may not be
made available for public inspection until the close of voting on election day.
An application under this
subdivision may contain an application under subdivision 5 to automatically
receive an absentee ballot application.
EFFECTIVE DATE. This section is
effective April 1, 2008.
Sec. 14. Minnesota Statutes
2006, section 203B.04, subdivision 6, is amended to read:
Subd. 6. Ongoing
absentee status; termination; rules. (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. The voter may decline to receive an absentee ballot for one or more
elections, provided the
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request is received by the
county auditor or municipal clerk at least five days before the deadline in
section 204B.35 for delivering ballots for the election to which it applies. 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, or as otherwise requested by the voter, 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.
(c) The secretary of state shall adopt rules
governing procedures under this subdivision.
EFFECTIVE
DATE. Paragraph
(c) of this section is effective the day following final enactment. The
remainder of this section is effective upon adoption of the rules provided for
in paragraph (c).
Sec. 15. Minnesota Statutes 2006, section 203B.06,
subdivision 3, is amended to read:
Subd. 3. Delivery
of ballots. (a) If an application for absentee ballots is accepted at a
time when absentee ballots are not yet available for distribution, the county
auditor, or municipal clerk accepting the application shall file it and as soon
as absentee ballots are available for distribution shall mail them to the
address specified in the application. If an application for absentee ballots is
accepted when absentee ballots are available for distribution, the county
auditor or municipal clerk accepting the application shall promptly:
(1) mail the ballots to the voter whose signature
appears on the application if the application is submitted by mail and does not
request commercial shipping under clause (2);
(2) ship the ballots to the voter using a commercial
shipper requested by the voter at the voter's expense;
(3) deliver the absentee ballots directly to the
voter if the application is submitted in person; or
(4) deliver the absentee ballots in a sealed transmittal
envelope to an agent who has been designated to bring the ballots, as
provided in section 203B.11, subdivision 4, to a voter who would have
difficulty getting to the polls because of health reasons, or who is disabled,
or who is a patient in a health care facility, as provided in section
203B.11, subdivision 4, a resident of a facility providing assisted
living services governed by chapter 144G, a participant in a residential
program for adults licensed under section 245A.02, subdivision 14, or a
resident of a shelter for battered women as defined in section 611A.37,
subdivision 4.
(b) If an application does not indicate the election
for which absentee ballots are sought, the county auditor or municipal clerk
shall mail or deliver only the ballots for the next election occurring after
receipt of the application. Only one set of ballots may be mailed, shipped, or
delivered to an applicant for any election, except as provided in section
203B.13, subdivision 2, or when a replacement ballot has been requested by the
voter for a ballot that has been spoiled or lost in transit.
EFFECTIVE
DATE. This
section is effective August 1, 2007.
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Sec. 16. Minnesota Statutes
2006, 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 application 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 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. If the voter was not previously registered, 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:
(a) (1) the ballots were displayed
to that individual unmarked;
(b) (2) 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, (3)
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.
EFFECTIVE DATE. This section is
effective April 1, 2008.
Sec. 17. Minnesota Statutes
2006, section 203B.081, is amended to read:
203B.081 LOCATIONS FOR ABSENTEE VOTING IN PERSON.
An eligible voter may vote
by absentee ballot during the 30 days before the election in the office of the
county auditor and at any other polling place designated by the county auditor.
The county auditor shall make such designations at least 90 days before the
election. At least one voting booth and at least one electronic ballot
marker in each polling place must be made available by the county auditor
for this purpose.
Sec. 18. Minnesota Statutes
2006, section 203B.11, subdivision 4, is amended to read:
Subd. 4. Agent delivery of ballots. During the four
seven days preceding an election and until 2:00 p.m. on election day, an
eligible voter who is would have difficulty getting to the polls
because of health reasons, or who is disabled, a patient of a health care
facility, a resident of a facility providing assisted living services
governed by chapter 144G, a participant in a residential program for adults
licensed under section 245A.02, subdivision 14, or a resident of a shelter for
battered women as defined in section 611A.37, subdivision 4, may designate an
agent to deliver the ballots to the voter from the county auditor or municipal
clerk. A candidate at the election may not be designated as an agent. The voted
ballots must be returned to the county auditor or municipal clerk no later than
3:00 p.m. on election day. The voter must complete an affidavit requesting the
auditor or clerk to provide the agent with the ballots in a sealed transmittal
envelope. The affidavit must include a statement from the voter stating that
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the ballots were delivered
to the voter by the agent in the sealed transmittal envelope. An agent may
deliver ballots to no more than three persons in any election. The secretary of
state shall provide samples of the affidavit and transmission envelope for use
by the county auditors.
EFFECTIVE DATE. This section is
effective August 1, 2007.
Sec. 19. Minnesota Statutes
2006, section 203B.12, subdivision 4, is amended to read:
Subd. 4. Placement in container; opening and
counting of ballots. The ballot envelopes from return envelopes marked
"Accepted" shall be placed by the election judges in a separate
absentee ballot container. The container and each ballot envelope may be opened
only after the last regular mail delivery by the United States postal
service noon on election day. The ballots shall then be initialed by
the election judges in the same manner as ballots delivered by them to voters
in person and shall be deposited in the appropriate ballot box.
If more than one ballot of any
kind is enclosed in the ballot envelope, none of the ballots of that kind shall
be counted but all ballots of that kind shall be returned in the manner
provided by section 204C.25 for return of spoiled ballots.
Sec. 20. Minnesota Statutes
2006, section 203B.13, subdivision 1, is amended to read:
Subdivision 1. Establishment. The governing body of
any county that has established a counting center as provided in section
206.85, subdivision 2, any municipality, or any school district may by
ordinance or resolution, authorize an absentee ballot board. The board shall
consist of a sufficient number of election judges appointed as provided in
sections 204B.19 to 204B.22.
Sec. 21. Minnesota Statutes
2006, section 203B.13, subdivision 2, is amended to read:
Subd. 2. Duties. The absentee ballot board may do
any of the following:
(a) receive from each
precinct in the municipality or school district all ballot envelopes marked
"Accepted" by the election judges; provided that the governing body
of a municipality or the school board of a school district may authorize the
board to
examine all return absentee ballot envelopes and receive accept or
reject absentee ballots in the manner provided in section 203B.12;.
(b) open and count the absentee
ballots, tabulating the vote in a manner that indicates each vote of the
absentee voter and the total absentee vote cast for each candidate or question
in each precinct; or
(c) report the vote totals
tabulated for each precinct.
The absentee ballot board
may begin the process of examining the return envelopes and marking them
"accepted" or "rejected" at any time during the 30 days
before the election. If an envelope has been rejected at least five days before
the election, the ballots in the envelope must be considered spoiled ballots
and the official in charge of the absentee ballot board shall provide the voter
with a replacement absentee ballot and return envelope in place of the spoiled
ballot. The secretary of state shall provide samples of the replacement
ballot and return envelope for use by the county auditor.
Sec. 22. Minnesota Statutes
2006, section 203B.16, subdivision 2, is amended to read:
Subd. 2. Permanent residence outside United States.
Sections 203B.16 to 203B.27 provide the exclusive voting procedure for United
States citizens who are living permanently outside the territorial limits of
the United States who meet all the qualifications of an eligible voter except
residence in Minnesota, but who are authorized by
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federal law to vote in
Minnesota because they maintained residence in Minnesota for at least 20 days
immediately prior to their departure from the United States or because,
although they have never resided in the United States, their parent maintained
residence in Minnesota for at least 20 days immediately before their parent
departed from the United States. Individuals described in this subdivision
shall be permitted to vote only for the offices of president, vice-president,
senator in Congress, and representative in Congress.
EFFECTIVE DATE. This section is
effective April 1, 2008.
Sec. 23. Minnesota Statutes
2006, section 203B.17, subdivision 2, is amended to read:
Subd. 2. Required information. An application
shall be accepted if it contains the following information stated under oath:
(a) the voter's name,
birthdate, and present address of residence in Minnesota, or former address of
residence in Minnesota if the voter is living permanently outside the United
States;
(b) a statement indicating
that the voter is in the military, or is the spouse or dependent of an
individual serving in the military, or is temporarily outside the territorial
limits of the United States, or is living permanently outside the territorial
limits of the United States and voting under federal law;
(c) a statement that the
voter expects to be absent from the precinct at the time of the election;
(d) the address to which
absentee ballots are to be mailed;
(e) the voter's signature or
the signature and relationship of the individual authorized to apply on the
voter's behalf; and
(f) the voter's military
identification card number, passport number, or, Minnesota driver's
license or state identification card number; if the voter does not have a
valid passport or identification card, the signed statement of an individual
authorized to administer oaths or a commissioned or noncommissioned officer of
the military not below the rank of sergeant or its equivalent, certifying that
the voter or other individual requesting absentee ballots has attested to the
truthfulness of the contents of the application under oath.
The oath taken must be the
standard oath prescribed by section 101(b)(7) of the Uniformed and Overseas
Citizens Absentee Voting Act.
A form for providing this
information shall be prepared by each county auditor and shall be furnished to
individuals who request it pursuant to this section. access to any of these
documents, the voter or other individual requesting absentee ballots may attest
to the truthfulness of the contents of the application under penalty of
perjury.
EFFECTIVE DATE. This section is
effective April 1, 2008.
Sec. 24. Minnesota Statutes
2006, section 203B.19, is amended to read:
203B.19 RECORDING APPLICATIONS.
Upon accepting an application, the county auditor
shall record in the statewide registration system the voter's name, address of
present or former residence in Minnesota, mailing address, school district
number, military identification card number, passport number, Minnesota
driver's license number or state identification card number, and whether
the voter is in the military or the spouse or dependent of an individual
serving in the military, is a voter temporarily outside the territorial limits
of the United States, or is living permanently outside the territorial limits
of
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the United States and voting
under federal law. The county auditor shall retain the record for six years. A
voter whose name is recorded as provided in this section shall not be required
to register under any other provision of law in order to vote under sections
203B.16 to 203B.27. Persons from whom applications are not accepted must be
notified by the county auditor and provided with the reasons for the rejection.
No later than 60 days after the general election,
the county auditor shall report to the secretary of state the combined number
of absentee ballots transmitted to absent voters described in section 203B.16.
No later than 60 days after the general election, the county auditor shall
report to the secretary of state the combined number of absentee ballots
returned and cast by absent voters described in section 203B.16. The secretary
of state may require the information be reported by category under section
203B.16 or by precinct.
No later than 90 days after the general election,
the secretary of state shall report to the federal Election Assistance
Commission the number of absentee ballots transmitted to voters under section
203B.16.
EFFECTIVE
DATE. This
section is effective April 1, 2008.
Sec. 25. Minnesota Statutes 2006, 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.
EFFECTIVE
DATE. This
section is effective April 1, 2008.
Sec. 26. Minnesota Statutes 2006, section 203B.21,
subdivision 2, is amended to read:
Subd. 2. Mailing
of ballots; return. Ballots and instructions for marking them, ballot
envelopes, and return envelopes shall be sent by first class mail to addresses
within the continental United States and by air mail to addresses outside the
continental United States, unless the voter requests to have the ballots and
related materials sent electronically under section 203B.225. The ballot
envelope and return envelope shall be marked "Official Ballot," and
shall contain sufficient postage to assure proper return delivery. The return
envelope shall be addressed to comply with any method for return of absentee
ballots as authorized under section 203B.08, subdivision 2.
EFFECTIVE
DATE. This
section is effective April 1, 2008.
Sec. 27. Minnesota Statutes 2006, 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
a certificate shall appear with space for:
(a) (1) the voter's address of present or former
residence in Minnesota;
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(2) the voter's current
e-mail address, if the voter has one;
(b) (3) a statement
indicating the category described in section 203B.16 to which the voter
belongs;
(c) (4) a statement that
the voter has not cast and will not cast another absentee ballot in the same election
or elections;
(d) (5) 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) (6) the same voter's
military identification card number, passport number, or, Minnesota
driver's license or state identification card number as provided on the
absentee ballot application; 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 commissioned or noncommissioned personnel of the
military not below the rank of sergeant or its equivalent access to any
of these documents, the voter may attest to the truthfulness of the contents of
the certificate under penalty of perjury.
The affidavit certificate
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."
EFFECTIVE DATE. This section is
effective April 1, 2008.
Sec. 28. Minnesota Statutes
2006, section 203B.22, is amended to read:
203B.22 MAILING BALLOTS.
The county auditor shall
mail the appropriate ballots, as promptly as possible, to an absent voter whose
application has been recorded under section 203B.19. If the county auditor
determines that a voter is not eligible to vote at the primary but will be
eligible to vote at the general election, only general election ballots shall
be mailed. Only one set of ballots shall be mailed to any applicant for any
election, except that the county auditor may mail a replacement ballot to a
voter whose ballot has been spoiled or lost in transit or whose mailing address
has changed after the date on which the original application was submitted as
confirmed by the county auditor. Ballots to be sent outside the United
States shall be given priority in mailing. A county auditor may make use of any
special service provided by the United States government for the mailing of
voting materials under sections 203B.16 to 203B.27.
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Sec. 29. [203B.225] TRANSMITTING AND RETURNING
BALLOTS.
Subdivision 1. Transmitting ballot and certificate of voter eligibility. A
voter described in section 203B.16 may include in an application for absentee
ballots a request that the ballots, instructions, and a certificate of voter
eligibility meeting the requirements of section 203B.21, subdivision 3, be
transmitted to the voter electronically. Upon receipt of a properly completed
application requesting electronic transmission, the county auditor shall
electronically transmit the requested materials to the voter.
Subd. 2. Returning voted ballots. The voter must return the voted
ballots and the certificate of voter eligibility to the county auditor in a
sealed envelope. Upon receipt of a ballot, the county auditor must immediately
compare the information provided on the absentee ballot application with the
information provided on the certificate of voter eligibility. After the
information on the certificate of voter eligibility has been verified, the
certificate must be attached to the ballot secrecy envelope and placed with the
other absentee ballots for the precinct in which the voter resides.
Subd. 3. Rejecting transmitted ballots. If the county auditor
cannot verify that the ballots were returned by the same person to whom the
absentee ballot application was transmitted, the ballots must be rejected and
no votes on the ballots may be counted.
EFFECTIVE DATE. This section is
effective April 1, 2008.
Sec. 30. [203B.227] WRITE-IN ABSENTEE BALLOT.
An eligible voter who will
be outside the territorial limits of the United States during the 180 days
prior to the state general election may use a state write-in absentee ballot to
vote in any federal, state, or local election. In a state or local election, a
vote for a political party without specifying the name of a candidate must not
be counted.
Sec. 31. Minnesota Statutes
2006, section 203B.23, is amended to read:
203B.23 APPLICATION RECORDS; DELIVERY TO ELECTION JUDGES
ABSENTEE BALLOT BOARD.
Subdivision 1. Establishment. When election materials are transmitted to
the municipal clerks as provided in section 204B.28, subdivision 2, the county
auditor shall also transmit a certified copy of the record of applications
compiled as provided in section 203B.19, for absentee ballots to be cast at
that election in that town, school district, or city. A certified copy of the
record of additional applications received by the county auditor after the
ballots have been delivered shall also be delivered to the appropriate
municipal clerk. Each municipal clerk shall in turn deliver to the election
judges in the appropriate precincts the application records received from the
county auditor. The county auditor must establish an absentee ballot
board for ballots issued under sections 203B.16 to 203B.27. The board may
consist of staff trained and certified as election judges, in which case, the
board is exempt from sections 204B.19, subdivision 5, and 204C.15, relating to
party balance in appointment of judges and to duties to be performed by judges
of different major political parties.
Subd. 2. Duties. The absentee ballot board must examine all
returned absentee ballot envelopes for ballots issued under sections 203B.16 to
203B.27 and accept or reject the absentee ballots in the manner provided in
section 203B.24.
The absentee ballot board
must examine the return envelopes and mark them "accepted" or
"rejected" during the 30 days before the election. If an envelope has
been rejected at least five days before the election, the ballots in the
envelope must be considered spoiled ballots and the official in charge of the
absentee ballot board must provide the voter with a replacement absentee ballot
and return envelope in place of the spoiled ballot.
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Subd. 3. Applicable laws. Except as otherwise provided in this
section, all the laws applicable to absentee ballots and absentee voters and
all other provisions of the Minnesota Election Law apply to an absentee ballot
board.
EFFECTIVE DATE. This section is
effective April 1, 2008.
Sec. 32. Minnesota Statutes
2006, section 203B.24, is amended to read:
203B.24 DUTIES OF ELECTION JUDGES.
Subdivision 1. Check of voter eligibility; proper
execution of affidavit certificate. 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 recorded under section 203B.19 in
the statewide registration system to insure that the ballot is from a voter
eligible to cast an absentee ballot under sections 203B.16 to 203B.27. 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 same 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
Minnesota driver's license or state identification card number as submitted on
the application, if the voter has one of these documents; and
(4) the voter has not
already voted at that election, either in person or by absentee ballot.
If the identification number
described in clause (3) does not match the number as submitted on the
application, the election judges must make a reasonable effort to satisfy
themselves through other information provided by the applicant, or by an
individual authorized to apply on behalf of the voter, that the ballots were
returned by the same person to whom the ballots were transmitted.
An absentee ballot case
cast 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 ballot
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 certificate 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.
Subd. 2. Voting
more than once Recording accepted and rejected ballots. The
election judges shall compare the voter's name with the names appearing on
their copy of the application records to insure that the voter has not already
returned a ballot in the election recorded under section 203B.19 in the
statewide registration system. For each returned ballot, the
election judges must indicate on the record in the statewide registration
system whether an the absentee ballot was accepted for
each applicant whose name appears on the record or rejected. If a
voter whose
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application has been
recorded under section 203B.19 casts a ballot in person on election day, no
absentee ballot shall be counted for that voter. If more than one return
envelope is received from a voter whose application has been recorded under
section 203B.19, the ballots in the return envelope bearing the latest date
shall be counted and the uncounted ballots shall be returned by the election
judges with the rejected ballots. The election judges must preserve the record
and return it to the county auditor or municipal clerk with the election day
materials.
EFFECTIVE
DATE. This
section is effective April 1, 2008.
Sec. 33. Minnesota Statutes 2006, section 203B.25,
is amended to read:
203B.25 DEATH
OF VOTER; INDIVIDUALS VOTING UNDER SPECIAL ABSENTEE ELECTION DAY PROCEDURES.
Subdivision 1. Death of voter. If the election judges receive proof that a
voter who has returned an absentee ballot as provided in sections 203B.16 to
203B.27 has died before the time when voting is scheduled to begin on election
day, the ballot of that voter shall be returned by the election judges with the
rejected ballots. Notwithstanding the other provisions of this section, the
counting of the absentee ballot of a deceased voter shall not invalidate the
election.
Subd. 2. Voting
more than once. If a voter whose application has been recorded under
section 203B.19 casts a ballot in person on election day, an absentee ballot
from that voter must not be counted. If more than one return envelope is
received from a voter whose application has been recorded under section
203B.19, the ballots in the return envelope bearing the latest date must be
counted and the uncounted ballots must be returned by the election judges with
the rejected ballots.
EFFECTIVE
DATE. This
section is effective April 1, 2008.
Sec. 34. Minnesota Statutes 2006, section 203B.26,
is amended to read:
203B.26
SEPARATE RECORD.
A separate record of the ballots of absent voters
cast under sections 203B.16 to 203B.27 must be kept in generated from
the statewide registration system for each precinct and provided to the
election judges in the polling place on election day, along with the returned
envelopes marked "accepted" by the absentee ballot board. The
content of the record must be in a form prescribed by the secretary of state. The
election judges in the polling place must note on the record any envelopes that
had been marked "accepted" by the absentee ballot board but were not
counted. The election judges must preserve the record and return it to the county
auditor or municipal clerk with the election day materials.
EFFECTIVE
DATE. This
section is effective April 1, 2008.
Sec. 35. [203B.28]
EMERGENCY POWERS.
(a) If the governor has declared an emergency
and filed the declaration with the secretary of state under section 12.31, or
if a natural disaster or armed conflict involving the United States Armed
Forces, or mobilization of those forces, including National Guard and reserve
components of this state, makes substantial compliance with the Uniformed and
Overseas Citizens Absentee Voting Act impossible or unreasonable, the secretary
of state may prescribe, by emergency orders, special procedures or requirements
necessary to facilitate absentee voting by those citizens directly affected who
otherwise are eligible to vote in this state.
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(b) The secretary of state shall adopt rules
describing the emergency powers and the situations in which the powers must be
exercised.
EFFECTIVE
DATE. Paragraph
(a) is effective upon adoption of the rules provided for in paragraph (b).
Paragraph (b) is effective the day following final enactment.
Sec. 36. Minnesota Statutes 2006, section 204B.06, subdivision
1, is amended to read:
Subdivision 1. Form
of affidavit. 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. Except as provided in section 204B.09,
subdivision 1a, the affidavit of candidacy must include an original signature
of the candidate.
Sec. 37. Minnesota Statutes 2006, section 204B.09,
subdivision 1, is amended to read:
Subdivision 1. Candidates
in state and county general elections. (a) Except as otherwise provided by
this subdivision, affidavits of candidacy and nominating petitions for county,
state, and federal offices filled at the state general election shall be filed
not more than 70 days nor less than 56 days before the state primary. The
affidavit may be prepared and signed at any time between 60 days before the
filing period opens and the last day of the filing period.
(b) Notwithstanding other law to the contrary, the
affidavit of candidacy must be signed in the presence of a notarial officer or
an individual authorized to administer oaths under section 358.10.
(c) This provision does not apply to candidates for
presidential elector nominated by major political parties. Major party
candidates for presidential elector are certified under section 208.03. Other
candidates for presidential electors may file petitions on or before the state
primary day pursuant to section 204B.07, but no earlier than 70 days before
the state primary. Nominating petitions to fill vacancies in nominations
shall be filed as provided in section 204B.13. No affidavit or petition shall
be accepted later than 5:00 p.m. on the last day for filing.
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(d) Affidavits and petitions
for county offices to be voted on in only one county shall must
be filed with the county auditor of that county. Affidavits and petitions
for federal offices to be voted on in more than one county shall must
be filed with the secretary of state. Affidavits and petitions for state
offices must be filed with the secretary of state or with the county auditor of
the county in which the candidate resides.
Sec. 38. Minnesota Statutes
2006, section 204B.09, subdivision 1a, is amended to read:
Subd. 1a. Absent candidates. (a) A
candidate for special district, county, state, or federal office who will be
absent from the state during the filing period may submit a properly executed
affidavit of candidacy, the appropriate filing fee, and any necessary petitions
in person to the filing officer. The candidate shall state in writing the
reason for being unable to submit the affidavit during the filing period. The
affidavit, filing fee, and petitions must be submitted to the filing officer
during the seven days immediately preceding the candidate's absence from the
state. Nominating petitions may be signed during the 14 days immediately
preceding the date when the affidavit of candidacy is filed.
(b) In extraordinary
circumstances beyond the candidate's control that prevent the candidate from
filing an affidavit of candidacy authenticated by the candidate's handwritten
or other signature meeting the requirements of section 645.44, subdivision 14,
the affidavit of candidacy may be filed electronically with the secretary of
state along with a written statement of the extraordinary circumstances. The
affidavit and statement may be authenticated either by the electronic facsimile
signature of the candidate, by an electronic signature consisting of a password
assigned by the secretary of state, or by another form of electronic signature
approved by the secretary of state. The secretary of state may adopt rules
governing the electronic filing of an affidavit of candidacy under this
paragraph.
Sec. 39. Minnesota Statutes
2006, section 204B.09, subdivision 3, is amended to read:
Subd. 3. Write-in candidates. (a) A candidate
for county, state, or federal office who wants write-in votes for
the candidate to be counted must file a written request with the filing office
for the office sought no later than the fifth seventh day before
the general election. The filing officer shall provide copies of the form to
make the request.
(b) A candidate for
president of the United States who files a request under this subdivision must
include the name of a candidate for vice-president of the United States. The
request must also include the name of at least one candidate for presidential
elector. The total number of names of candidates for presidential elector on
the request may not exceed the total number of electoral votes to be cast by
Minnesota in the presidential election.
(c) A candidate for governor
who files a request under this subdivision must include the name of a candidate
for lieutenant governor.
Sec. 40. Minnesota Statutes 2006,
section 204B.11, subdivision 2, is amended to read:
Subd. 2. Petition in place of filing fee. At the
time of filing an affidavit of candidacy, a candidate may present a petition in
place of the filing fee. The petition may be circulated from the date of
precinct caucuses to the end of the period for filing affidavits of candidacy. The
petition may be signed by any individual eligible to vote for the candidate. A
nominating petition filed pursuant to section 204B.07 or 204B.13, subdivision
4, is effective as a petition in place of a filing fee if the nominating
petition includes a prominent statement informing the signers of the petition
that it will be used for that purpose.
The number of signatures on
a petition in place of a filing fee shall be as follows:
(a) for a state office voted
on statewide, or for president of the United States, or United States senator,
2,000;
(b) for a congressional
office, 1,000;
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(c) for a county or legislative office, or for the
office of district judge, 500; and
(d) for any other office which requires a filing fee
as prescribed by law, municipal charter, or ordinance, the lesser of 500
signatures or five percent of the total number of votes cast in the
municipality, ward, or other election district at the preceding general
election at which that office was on the ballot.
An official with whom petitions are filed shall make
sample forms for petitions in place of filing fees available upon request.
Sec. 41. Minnesota Statutes 2006, 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 200.02,
subdivision 24, shall be located within the boundaries of the precinct or
within 3,000 feet one mile 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 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. 42. Minnesota Statutes 2006, section 204B.21,
subdivision 2, is amended to read:
Subd. 2. Appointing
authority; powers and duties. Election judges for precincts in a
municipality shall be appointed by the governing body of the municipality.
Election judges for precincts in unorganized territory and for performing
election-related duties assigned by the county auditor shall be appointed by
the county board. Election judges for a precinct composed of two or more
municipalities must be appointed by the governing body of the municipality or
municipalities responsible for appointing election judges as provided in the
agreement to combine for election purposes. Appointments shall may be
made from lists furnished pursuant to subdivision 1 subject to the eligibility
requirements and other qualifications established or authorized under section 204B.19.
At least two election judges in each precinct must be affiliated with
different major political parties. If no lists have been furnished or if
additional election judges are required after all listed names have been
exhausted, the appointing authority may appoint any other individual
to serve as an election judge subject to the same requirements and
qualifications individuals who meet the qualifications to serve as an
election judge, including persons who are not affiliated with a major political
party. The appointments shall be made at least 25 days before the election
at which the election judges will serve.
Sec. 43. [204B.445]
VOTER COMPLAINT AND RESOLUTION PROCESS.
Subdivision 1. Scope. An eligible voter may file a complaint to seek the
resolution of any of the following conditions that have occurred or are about
to occur:
(1) voter records in the statewide
registration system are not maintained by the secretary of state or a county
auditor in the manner provided in chapter 201;
(2) voters are unable to register to vote in
the manner provided by section 201.061;
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(3) a voting system,
including an electronic ballot marker, meeting the requirements of section
206.80 is not available for use by voters either casting an absentee ballot in
person at the locations designated by the county auditor or local election
official, or for voting at any polling place on election day; or
(4) the secretary of state, county
auditor, or local election official has failed, is failing, or is about to fail
to carry out a duty required by Title III of the Help America Vote Act of 2002.
A complaint against a
municipal or school district clerk must be filed with the county auditor of the
county in which the action has occurred or is about to occur. A complaint
against a county auditor must be filed with the secretary of state. A complaint
against the secretary of state must be filed with the Office of Administrative
Hearings. The secretary of state shall provide a standard form for a complaint
under this section. The form must provide space for the complainant to specify
the legal basis for the complaint. The proceedings authorized by this section
are not subject to the requirements of chapter 14.
Subd. 2. Notice of complaint. The official with whom the complaint
is filed must, within seven days after the complaint was filed, provide written
notice of the complaint, including a copy of the complaint, to the official
against whom the complaint has been made.
Subd. 3. Response. Within 14 days after the notice of complaint is
received, the official complained against must respond in writing to the
complainant and state the manner in which the respondent proposes to resolve
the complaint.
Subd. 4. Hearing. If the complainant believes the response does
not resolve the complaint, the complainant may file, with the official with
whom the complaint was filed, a request for a hearing. The request must state
the objection to the response and propose to resolve the complaint in a way
that is consistent with the Minnesota Election Law. If the complainant makes a
request for hearing, a hearing must take place. The official with whom the
complaint was filed must rule on the complaint within 14 days after the
hearing.
Subd. 5. Timeline. A ruling on a complaint must be made no more
than 90 days after the complaint was filed. If the official with whom the
complaint was filed fails to make that ruling within 90 days after the
complaint was filed, that official must provide alternative dispute resolution
for the disposition of the complaint. The alternative dispute resolution
process must be completed within 60 days of its commencement.
Subd. 6. Appeal. No later than 30 days after the ruling, the
complainant may appeal the ruling. If the complaint was filed against a
municipal clerk, school district clerk, or county auditor, the appeal must be
filed with the secretary of state. If the complaint was filed against the
secretary of state, the appeal must be filed with the Ramsey County District
Court. The appeal must be heard within 14 days. Upon hearing the appeal, the
secretary of state or district court may affirm, reverse, or modify the ruling
and give appropriate instructions, as needed, to the secretary of state, county
auditor, or local election official to resolve the complaint.
Subd. 7. Remedies; notice. If the official rules that there has
been a violation of Title III of the Help America Vote Act of 2002, the
official must provide an appropriate remedy. If the official rules that there
has not been a violation, the complaint must be dismissed and the results of
the process published by the official.
EFFECTIVE DATE. This section is
effective January 1, 2008.
Sec. 44. Minnesota Statutes
2006, section 204B.45, subdivision 2, is amended to read:
Subd. 2. Procedure.
Notice of the election and the special mail procedure must be given at least
six weeks prior to the election. No earlier Not more than 20
30 days or nor later than 14 days prior to the election,
the auditor shall mail ballots by nonforwardable mail to all voters registered
in the town or unorganized territory. No later than
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14 days before the election,
the auditor must make a subsequent mailing of ballots to those voters who
register to vote after the initial mailing but before the 20th day before the
election. Eligible
voters not registered at the time the ballots are mailed may apply for ballots
as provided in chapter 203B. Ballot return envelopes, with return postage
provided, must be preaddressed to the auditor or clerk and the voter may return
the ballot by mail or in person to the office of the auditor or clerk. The
auditor or clerk may appoint election judges to examine the return envelopes
and mark them "accepted" or "rejected" during the 30 days
before the election. If an envelope has been rejected at least five days before
the election, the ballots in the envelope must be considered spoiled ballots
and the auditor or clerk shall provide the voter with a replacement ballot and
return envelope in place of the spoiled ballot. The costs of the mailing
shall be paid by the election jurisdiction in which the voter resides. Any ballot
received by 8:00 p.m. on the day of the election must be counted.
Sec. 45. Minnesota Statutes 2006, section 204C.06,
subdivision 1, is amended to read:
Subdivision 1. Lingering
near polling place. An individual shall be allowed to go to and from the polling
place for the purpose of voting without unlawful interference. No one except an
election official or an individual who is waiting to register or to vote shall
stand within 100 feet of the entrance to a polling place. The entrance to a
polling place is the doorway or point of entry leading into the room or area
where voting is occurring building in which a polling place is located.
Sec. 46. Minnesota Statutes 2006, section 204C.07,
subdivision 3a, is amended to read:
Subd. 3a. Residence
requirement. A challenger must be a resident of this state. Appointed
challengers seeking admission to a polling place to serve in that capacity must
prove their status as a resident of this state by presenting one of the
documents listed in section 201.061, subdivision 3, paragraph (b), clauses (1)
to (4). Challengers need not prove residence in the precinct in which they seek
to act as a challenger.
Sec. 47. Minnesota Statutes 2006, section 204C.07,
is amended by adding a subdivision to read:
Subd. 3b. Oath
to obey the law. A challenger must state under oath that the
challenger understands and will abide by the laws and rules governing
challengers as described in this section and in section 204C.12 and governing
challenges to voters as described in section 204C.12.
Sec. 48. Minnesota Statutes 2006, section 205.075,
is amended by adding a subdivision to read:
Subd. 4. Election
judges; party balance. The provisions of sections 204B.19,
subdivision 5; 204B.21, subdivision 2; 204C.15; 204C.19; 206.83; and 206.86, subdivision
2, relating to party balance in the appointment of judges and to duties to be
performed by judges of different major political parties do not apply to a town
election not held in conjunction with a statewide election.
Sec. 49. Minnesota Statutes 2006, section 205.10, is
amended by adding a subdivision to read:
Subd. 6. Cancellation.
A special election ordered by the governing body of the municipality on its
own motion under subdivision 1 may be canceled by motion of the governing body,
but not less than 46 days before the election.
Sec. 50. Minnesota Statutes 2006, section 205.13, is
amended by adding a subdivision to read:
Subd. 7. Write-in
candidates. A candidate for a city office who wants write-in votes
for the candidate to be counted must file a written request with the filing
officer for the office sought no later than the seventh day before the general
election. The filing officer must provide copies of the form to make the
request.
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Sec. 51. Minnesota Statutes 2006, section 205.16,
subdivision 4, is amended to read:
Subd. 4. Notice
to auditor. At least 53 days prior to every municipal election, the
municipal clerk shall provide a written notice to the county auditor, including
the date of the election, the offices to be voted on at the election, and the
title and language for each ballot question to be voted on at the election. Not
less than 46 days before the election, the municipal clerk must provide written
notice to the county auditor of any special election canceled under section
205.10, subdivision 6.
Sec. 52. Minnesota Statutes 2006, section 205A.05,
is amended by adding a subdivision to read:
Subd. 3. Cancellation.
A special election ordered by the school board on its own motion under
subdivision 1 may be canceled by motion of the school board, but not less than
46 days before the election.
Sec. 53. Minnesota Statutes 2006, section 205A.07,
subdivision 3, is amended to read:
Subd. 3. Notice
to auditor. At least 53 days prior to every school district election, the
school district clerk shall provide a written notice to the county auditor of
each county in which the school district is located. The notice must include
the date of the election, the offices to be voted on at the election, and the
title and language for each ballot question to be voted on at the election. For
the purposes of meeting the timelines of this section, in a bond election, a
notice, including a proposed question, may be provided to the county auditor
prior to receipt of a review and comment from the commissioner of education and
prior to actual initiation of the election. Not less than 46 days before the
election, the school district clerk must provide written notice to the county
auditor of any special election canceled under section 205A.05, subdivision 3.
Sec. 54. Minnesota Statutes 2006, section 205A.07,
subdivision 3a, is amended to read:
Subd. 3a. Notice
to commissioner of education. At least 49 days prior to every school district
election, under section 123B.62, 123B.63, 126C.17, 126C.69, or 475.58, the
school district clerk shall provide a written notice to the commissioner of
education. The notice must include the date of the election and the title and
language for each ballot question to be voted on at the election. Not less
than 46 days before the election, the school district clerk must provide a
written notice to the commissioner of education of any special election
canceled under section 205A.05, subdivision 3. The certified vote totals
for each ballot question shall be provided in a written notice to the
commissioner in a timely manner.
Sec. 55. Minnesota Statutes 2006, section 205A.10,
subdivision 2, is amended to read:
Subd. 2. Election,
conduct. A school district election must be by secret ballot and must be
held and the returns made in the manner provided for the state general
election, as far as practicable. The vote totals from an absentee ballot board
established pursuant to section 203B.13 may be tabulated and reported by the
school district as a whole rather than by precinct. For school district
elections not held in conjunction with a statewide election, the school board
shall appoint election judges as provided in section 204B.21, subdivision 2.
The provisions of sections 204B.19, subdivision 5; 204B.21, subdivision 2; 204C.15;
204C.19; 206.64, subdivision 2; 206.83; and 206.86, subdivision 2,
relating to party balance in appointment of judges and to duties to be
performed by judges of different major political parties do not apply to school
district elections not held in conjunction with a statewide election.
Sec. 56. Minnesota Statutes 2006, 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 city, and
school district elections held after December 31, 2007, and in township
elections held after December 31, 2009, 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.
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Sec. 57. Minnesota Statutes 2006, section 206.89,
subdivision 1, is amended to read:
Subdivision 1. Definition.
For purposes of this section "postelection review official" means
the election administration official who is responsible for the conduct of
elections in a precinct selected for review under this section. county
auditor, unless the county auditor designates the municipal clerk as the
"postelection review official" within 24 hours after the canvass of
the state general election.
Sec. 58. Minnesota Statutes 2006, section 206.89,
subdivision 5, is amended to read:
Subd. 5. Additional
review. (a) If the postelection review in one of the reviewed precincts
reveals a difference greater than one-half of one percent, or greater than
two votes in a precinct where 400 or fewer voters cast ballots, the
postelection review official must, within two days, conduct an additional
review of the races indicated in subdivision 3 in at least three
precincts in the same jurisdiction where the discrepancy was discovered. If all
precincts in that jurisdiction have been reviewed, the county auditor must
immediately publicly select by lot at least three additional precincts for
review. The postelection review official must complete the additional review
within two days after the precincts are selected and report the results
immediately to the county auditor. If the second review in any of the
reviewed precincts also indicates a difference in the vote totals compiled
by the voting system that is greater than one-half of one percent from the
result indicated by the postelection review, or greater than two votes in a
precinct where 400 or fewer voters cast ballots, the county auditor must
conduct a review of the ballots from all the remaining precincts in the county
for the races indicated in subdivision 3. This review must be completed no
later than six weeks after the state general election.
(b) If the results from the countywide reviews from
one or more counties comprising in the aggregate more than ten percent of the
total number of persons voting in the election clearly indicate that an error
in vote counting has occurred, the postelection review official must conduct a
manual recount of all the ballots in the district for the affected office. The
recount must be completed and the results reported to the appropriate
canvassing board no later than ten weeks after the state general election.
Sec. 59. Minnesota Statutes 2006, section 211A.02,
subdivision 2, is amended to read:
Subd. 2. Information
required. The report to be filed by a candidate or committee must include:
(1) the name of the candidate or ballot question;
(2) the printed name and,
address, telephone number, signature, and e-mail address, if available,
of the person responsible for filing the report;
(3) the total amount of receipts and expenditures
for the period from the last previous report to five days before the current
report is due;
(4) the amount, date, and purpose for each
expenditure; and
(5) the name, address, and employer, or occupation
if self-employed, of any individual or committee that during the year has made
one or more contributions that in the aggregate are equal to or greater than
exceed $100, and the amount and date of each contribution.
The filing officer must
restrict public access to the address of any individual who has made a
contribution that exceeds $100 and who has filed with the filing officer a
written statement signed by the individual that withholding the individual's
address from the financial report is required for the safety of the individual
or the individual's family.
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Sec. 60. Minnesota Statutes 2006, section 211A.05,
subdivision 1, is amended to read:
Subdivision 1. Penalty.
A candidate who intentionally fails to file a report required by section
211A.02 or a certification required by this section is guilty of a misdemeanor.
The treasurer of a committee formed to promote or defeat a ballot question who
intentionally fails to file a report required by section 211A.02 or a
certification required by this section is guilty of a misdemeanor. Each
candidate or treasurer of a committee formed to promote or defeat a ballot
question shall certify to the filing officer that all reports required by
section 211A.02 have been submitted to the filing officer or that the candidate
or committee has not received contributions or made disbursements exceeding
$750 in the calendar year. The certification shall be submitted to the filing
officer no later than seven days after the general or special election. The
secretary of state shall prepare blanks for this certification. An officer who
issues a certificate of election to a candidate who has not certified that all
reports required by section 211A.02 have been filed is guilty of a misdemeanor.
Sec. 61. Minnesota Statutes 2006, section 325L.03,
is amended to read:
325L.03 SCOPE.
(a) Except as otherwise provided in paragraphs (b)
and (e), this chapter applies to electronic records and electronic signatures
relating to a transaction.
(b) This chapter does not apply to a transaction to
the extent it is governed by:
(1) the Uniform Commercial Code other than section
336.1-306, article 2, and article 2A; and
(2) section 145C.03, subdivision 1, relating to
requirements for creation of a health care directive; section 507.24, relating
to requirements for recording any conveyance, power of attorney, or other
instrument affecting real estate; section 523.23, subdivision 3, relating to
requirements for creation of a statutory short form power of attorney; and
section 253B.03, subdivision 6b, relating to requirements for creation of a declaration
of preferences or instructions regarding intrusive mental health treatment.
(c) This chapter applies to an electronic record or
electronic signature otherwise excluded from the application of this chapter
under paragraph (b) to the extent it is governed by a law other than those
specified in paragraph (b).
(d) A transaction subject to this chapter is also
subject to other applicable substantive law.
(e) This chapter does not apply to the creation and
execution of wills, codicils, or trusts other than trusts relating to the
conduct of business, commercial, or governmental purposes.
(f) Except as provided in section 204B.09,
subdivision 1a, this chapter does not apply to affidavits of candidacy relating
to the conduct of elections.
Sec. 62. Minnesota Statutes 2006, section 375.101,
subdivision 1, is amended to read:
Subdivision 1. Option
for filling vacancies; election in 30 to 60 90 days.
Except as provided in subdivision 3, a vacancy in the office of county
commissioner shall may be filled as provided in this
subdivision and subdivision 2, or as provided in subdivision 4. If the vacancy
is to be filled under this subdivision and subdivision 2, it must be filled at
a special election not less than 30 nor more than 60 90 days
after the vacancy occurs. The special primary or special election may be held
on the same day as a regular primary or regular election but the special
election shall
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be held not less than 14
days after the special primary. The person elected at the special election
shall take office immediately after receipt of the certificate of election and
upon filing the bond and taking the oath of office and shall serve the
remainder of the unexpired term. If the county has been reapportioned since the
commencement of the term of the vacant office, the election shall be based on
the district as reapportioned.
EFFECTIVE
DATE. This
section is effective the day following final enactment.
Sec. 63. Minnesota Statutes 2006, section 375.101,
is amended by adding a subdivision to read:
Subd. 4. Option
for filling vacancies; appointment. Except as provided in
subdivision 3, and as an alternative to the procedure provided in subdivisions
1 and 2, any other vacancy in the office of county commissioner may be filled
by board appointment at a regular or special meeting. The appointment shall be
evidenced by a resolution entered in the minutes and shall continue until an
election is held under this subdivision. All elections to fill vacancies shall
be for the unexpired term. If the vacancy occurs before the first day to file
affidavits of candidacy for the next county general election and more than two
years remain in the unexpired term, a special election shall be held in
conjunction with the county general election. The appointed person shall serve
until the qualification of the successor elected to fill the unexpired part of
the term at that special election. If the vacancy occurs on or after the first
day to file affidavits of candidacy for the county general election, or when
less than two years remain in the unexpired term, there shall be no special
election to fill the vacancy and the appointed person shall serve the remainder
of the unexpired term and until a successor is elected and qualifies at the
county general election.
EFFECTIVE
DATE. This
section is effective the day following final enactment.
Sec. 64. Minnesota Statutes 2006, section 410.12,
subdivision 1, is amended to read:
Subdivision 1. Proposals.
The charter commission may propose amendments to such charter and shall do so
upon the petition of voters equal in number to five percent of the total votes
cast at the last previous state general election in the city. Proposed charter
amendments must be submitted at least 12 weeks before the general election. Petitions
may be signed no earlier than 26 weeks before the general election. Only
registered voters are eligible to sign the petition. All petitions circulated
with respect to a charter amendment shall be uniform in character and shall
have attached thereto the text of the proposed amendment in full; except that
in the case of a proposed amendment containing more than 1,000 words, a true
and correct copy of the same may be filed with the city clerk, and the petition
shall then contain a summary of not less than 50 nor more than 300 words
setting forth in substance the nature of the proposed amendment. Such summary
shall contain a statement of the objects and purposes of the amendment proposed
and an outline of any proposed new scheme or frame work of government and shall
be sufficient to inform the signers of the petition as to what change in
government is sought to be accomplished by the amendment. The summary, together
with a copy of the proposed amendment, shall first be submitted to the charter
commission for its approval as to form and substance. The commission shall
within ten days after such submission to it, return the same to the proposers
of the amendment with such modifications in statement as it may deem necessary
in order that the summary may fairly comply with the requirements above set
forth.
Sec. 65. Minnesota Statutes 2006, 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 70 days nor less than 56 days before the first Tuesday
after the first Monday in 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
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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. A candidate for a hospital district office who
wants write-in votes for the candidate to be counted must file a written
request with the filing officer for the office sought no later than the seventh
day before the general election. The filing officer must provide copies of the
form to make the request.
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. REPEALER.
(a) Minnesota Statutes 2006, sections
201.061, subdivision 7; 201.096; 203B.02, subdivision 1a; and 203B.13,
subdivision 3a, are repealed.
(b) Minnesota Statutes 2006, sections 203B.04,
subdivision 5; and 203B.16, subdivision 3, are repealed effective April 1,
2008.
(c) Minnesota Statutes 2006, section 200.04,
is repealed effective January 1, 2008.
ARTICLE 5
ELECTIONS CLARIFICATIONS
Section 1. Minnesota Statutes 2006, section
103C.305, subdivision 3, is amended to read:
Subd. 3. Ballots.
Ballots shall be prepared by the county auditor. The names of candidates shall
be placed on the "canary ballot" described in section 204D.11,
subdivision 3. The office title printed on the ballot must be either
"Soil and Water Conservation District Supervisor" or
"Conservation District Supervisor," based upon the district from
which the supervisor is to be elected.
Sec. 2. Minnesota Statutes 2006, section 201.054,
subdivision 1, is amended to read:
Subdivision 1. Registration.
An individual may register to vote:
(1) at any time before the 20th day preceding any
election as provided in section 201.061, subdivision 1;
(2) on the day of an election as provided in section
201.061, subdivision 3; or
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(3) when submitting an
absentee ballot, by enclosing a completed registration card application
as provided in section 203B.04, subdivision 4.
Sec. 3. Minnesota Statutes 2006,
section 201.061, subdivision 4, is amended to read:
Subd. 4. Registration by election judges;
procedures. Registration at the polling place on election day shall be
conducted by the election judges. The election judge who registers an
individual at the polling place on election day shall not handle that voter's
ballots at any time prior to the opening of the ballot box after the voting
ends. Registration cards applications and forms for oaths shall
be available at each polling place. If an individual who registers on election
day proves residence by oath of a registered voter, the form containing the
oath shall be attached to the individual's registration card
application. Registration cards applications completed on
election day shall be forwarded to the county auditor who shall add the name of
each voter to the registration system unless the information forwarded is
substantially deficient. A county auditor who finds an election day
registration substantially deficient shall give written notice to the
individual whose registration is found deficient. An election day registration
shall not be found deficient solely because the individual who provided proof
of residence was ineligible to do so.
Sec. 4. Minnesota Statutes
2006, section 201.071, subdivision 3, is amended to read:
Subd. 3. Deficient registration. No voter
registration application is deficient if it contains the voter's name, address,
date of birth, 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 number, the last four digits
of the voter's Social Security number, if the voter has been issued a Social
Security number, prior registration, if any, and signature. The absence of a
zip code number does not cause the registration to be deficient. Failure to
check a box on an application form that a voter has certified to be true does
not cause the registration to be deficient. The election judges shall request
an individual to correct a voter registration application if it is deficient or
illegible or if the name or number of the voter's school district is missing
or obviously incorrect. No eligible voter may be prevented from voting
unless the voter's registration application is deficient or the voter is duly
and successfully challenged in accordance with section 201.195 or 204C.12.
A voter registration
application accepted prior to August 1, 1983, is not deficient for lack of date
of birth. The county or municipality may attempt to obtain the date of birth
for a voter registration application accepted prior to August 1, 1983, by a
request to the voter at any time except at the polling place. Failure by the
voter to comply with this request does not make the registration deficient.
A voter registration
application accepted before January 1, 2004, is not deficient for lack of a
valid Minnesota driver's license or state identification number or the last
four digits of a Social Security number. A voter registration application
submitted by a voter who does not have a Minnesota driver's license or state
identification number, or a Social Security number, is not deficient for lack
of any of these numbers.
Sec. 5. Minnesota Statutes
2006, section 201.071, subdivision 4, is amended to read:
Subd. 4. Change of registration. Any A
county auditor who receives a registration card application indicating
that an individual was previously registered in a different county in Minnesota
shall notify the county auditor of that county update the voter's
record electronically through the statewide registration system in the
manner prescribed in the rules of by the secretary of state. A
county auditor receiving a registration card indicating that a voter was
previously registered in a different precinct in the same county or receiving a
notification as provided in this subdivision shall remove that individual's
voter registration card from the files. Any A county auditor who
receives a registration card application or notification
requiring a change of registration records under this subdivision as a result
of an election day registration shall also check the statewide registration
system to determine whether the individual voted in more than one precinct in
the most recent election.
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Sec. 6. Minnesota Statutes 2006, section 201.081, is
amended to read:
201.081
REGISTRATION FILES.
The statewide registration system is the official
record of registered voters. The voter registration cards applications
and the terminal providing access to the statewide registration system must
be under the control of the county auditor or the public official to whom the
county auditor has delegated the responsibility for maintaining voter
registration records. The voter registration cards applications and
terminals providing access to the statewide registration system must not be
removed from the control of the county auditor except as provided in this
subdivision. The county auditor may make photographic copies of voter
registration cards applications in the manner provided by section
138.17.
A properly completed voter registration card application
that has been submitted to the secretary of state or a county auditor must
be maintained by the secretary of state or the county auditor for at least 22
months after the date that the information on the card application is
entered into the database of the statewide registration system. The secretary
of state or the county auditor may dispose of the cards applications after
retention for 22 months in the manner provided by section 138.17.
Sec. 7. Minnesota Statutes 2006, section 201.091,
subdivision 1, is amended to read:
Subdivision 1. Master
list. Each county auditor shall prepare and maintain a current list of
registered voters in each precinct in the county which is known as the master
list. The master list must be created by entering each completed voter
registration card application received by the county auditor into
the statewide registration system. It must show the name, residence address,
and date of birth of each voter registered in the precinct. The information
contained in the master list may only be made available to public officials for
purposes related to election administration, jury selection, and in response to
a law enforcement inquiry concerning a violation of or failure to comply with
any criminal statute or state or local tax statute.
Sec. 8. Minnesota Statutes 2006, section 201.091,
subdivision 8, is amended to read:
Subd. 8. Registration
places. Each county auditor shall designate a number of public buildings in
those political subdivisions of the county where preregistration of voters is
allowed as provided in section 201.061, subdivision 1, where eligible voters
may register to vote. At least one public building must be designated for each
30,000 residents of the county. At least one telecommunications device for the
deaf must be available for voter registration information in each county seat
and in every city of the first, second, and third class.
An adequate supply of registration cards applications
and instructions must be maintained at each designated location, and a
designated individual must be available there to accept registration cards
applications and transmit them to the county auditor.
A person who, because of disability, needs
assistance in order to determine eligibility or to register must be assisted by
a designated individual. Assistance includes but is not limited to reading the
registration form and instructions and filling out the registration form as
directed by the eligible voter.
Sec. 9. Minnesota Statutes 2006, section 201.27,
subdivision 1, is amended to read:
Subdivision 1. Intentional
violation. No officer, deputy, clerk, or other employee shall
intentionally:
(1) fail to perform or enforce any of the provisions
of this chapter except subdivision 2;
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(2) remove a registration card application
or record from its proper place in the registration files in a manner or
for a purpose not authorized by law;
(3) destroy or make an unauthorized change to a
record required to be kept by this chapter; or
(4) add a name or names to the voter registration
files, records, or cards applications, except as authorized by
law.
An individual who violates this subdivision is
guilty of a felony.
Sec. 10. Minnesota Statutes 2006, section 203B.04,
subdivision 1, is amended to read:
Subdivision 1. Application
procedures. Except as otherwise allowed by subdivision 2 or by section
203B.11, subdivision 4, 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 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 ballot may not be made available for public inspection
until the close of voting on election day.
An application under this subdivision may contain an
application under subdivision 5 to automatically receive an absentee ballot
application.
Sec. 11. Minnesota Statutes 2006, 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 application 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.
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Sec. 12. Minnesota Statutes 2006, section 203B.05,
subdivision 2, is amended to read:
Subd. 2. City,
school district, and town elections. For city, town, and school district
elections not held on the same day as a statewide election, for school
district elections not held on the same day as a statewide election, and for
town elections conducted under the Australian ballot system, applications
for absentee ballots shall be filed with the city, school district, or town
clerk and the duties prescribed by this chapter for the county auditor shall be
performed by the city, school district, or town clerk unless the county auditor
agrees to perform those duties on behalf of the city, school district, or town
clerk. The costs incurred to provide absentee ballots and perform the duties
prescribed by this subdivision shall be paid by the city, town, or school
district holding the election.
Notwithstanding any other law, this chapter applies
to school district elections held on the same day as a statewide election or an
election for a county or municipality wholly or partially within the school
district.
Sec. 13. Minnesota Statutes 2006, section 203B.07,
subdivision 1, is amended to read:
Subdivision 1. Delivery
of envelopes, directions. The county auditor or the municipal clerk shall
prepare, print, and transmit a return envelope, a ballot envelope, and a copy
of the directions for casting an absentee ballot to each applicant whose
application for absentee ballots is accepted pursuant to section 203B.04. The
directions for casting an absentee ballot shall be printed in at least 14-point
bold type with heavy leading and may be printed on the ballot envelope. When a
person requests the directions in Braille or on cassette tape, the county
auditor or municipal clerk shall provide them in the form requested. The
secretary of state shall prepare Braille and cassette copies and make them
available.
When a voter registration card application
is sent to the applicant as provided in section 203B.06, subdivision 4, the
directions or registration card application shall include
instructions for registering to vote.
Sec. 14. Minnesota Statutes 2006, section 203B.08,
subdivision 3, is amended to read:
Subd. 3. Procedures
on receipt of ballots. When absentee ballots are returned to a county
auditor or municipal clerk, that official shall stamp or initial and
date the return envelope with an official seal of the office and place
it in a secure location with other return envelopes received by that office.
The county auditor or municipal clerk shall deliver to the appropriate election
judges on election day all ballots received before or with the last mail
delivery by the United States Postal Service on election day. A town clerk may
request the United States Postal Service to deliver absentee ballots to the
polling place on election day instead of to the official address of the town
clerk.
Sec. 15. Minnesota Statutes 2006, section 203B.10,
is amended to read:
203B.10
DELIVERY OF ABSENTEE BALLOT APPLICATIONS TO ELECTION JUDGES.
(a) On the day before an election:
(a) (1) the county auditor shall deliver to the
municipal clerks within that county the applications for absentee ballots
theretofore received and endorsed as provided in section 203B.06, subdivision
5; and
(b) (2) the municipal clerks shall deliver the
applications received from the county auditor and the applications for absentee
ballots filed with their respective offices and endorsed as provided in section
203B.06, subdivision 5, to the appropriate election judges. Applications
received on election day pursuant to section 203B.04, subdivision 2, shall be
promptly delivered to the election judges in the precincts or to the judges of
an absentee ballot board.
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(b) Delivery of the applications to the
municipal clerks and election judges in the precinct is not required if the
absentee ballot envelopes have been accepted or rejected by an absentee ballot
board pursuant to section 203B.13.
Sec. 16. Minnesota Statutes 2006, section 204B.06,
subdivision 8, is amended to read:
Subd. 8. Proof
of eligibility. A candidate for judicial office or for the office of county
attorney shall submit with the affidavit of candidacy proof that the candidate
is licensed to practice law in this state. Proof means providing a copy of a
current attorney license.
A candidate for county sheriff shall submit with the
affidavit of candidacy proof of licensure as a peace officer in this state. Proof
means providing a copy of a current Peace Officer Standards and Training Board
license.
Sec. 17. Minnesota Statutes 2006, section 204B.08,
subdivision 3, is amended to read:
Subd. 3. Number
of signatures. The number of signatures required on a nominating petition
shall be as follows:
(a) for a federal or state office voted on
statewide or for United States senator, one percent of the total number
of individuals voting in the state at the last preceding state general
election, or 2,000, whichever is less;
(b) for a congressional office, five percent of the
total number of individuals voting in the district at the last preceding state
general election, or 1,000, whichever is less;
(c) for a county or legislative office, ten percent
of the total number of individuals voting in the county or legislative district
at the last preceding state or county general election, or 500, whichever is
less;
(d) for a municipal office in a city of the first
class, the number specified in section 205.121; and
(e) for any other municipal or school district
office, ten percent of the total number of individuals voting in the
municipality, ward, school district, or other election district at the last
preceding municipal, or school district if applicable, general election, or
500, whichever is less.
Sec. 18. Minnesota Statutes 2006, section 205A.10,
subdivision 1, is amended to read:
Subdivision 1. Materials,
ballots. The school district clerk shall prepare and have printed the
necessary election materials, including ballots, for a school district
election. The name of each candidate for office shall be rotated with the
names of the other candidates for the same office so that the name of each
candidate appears substantially an equal number of times at the top, at the
bottom, and at each intermediate place in the group of candidates for that
office names must be arranged on school district ballots in the manner
provided in section 204D.08, subdivision 3, for state elections.
Sec. 19. Minnesota Statutes 2006, section 205A.11,
subdivision 2, is amended to read:
Subd. 2. Combined
polling place. When no other election is being held in two or more precincts
on the day of a school district election, the school board may designate one or
more combined polling places at which the voters in those precincts may vote in
the school district election. In school districts that have organized into
separate board member election districts under section 205A.12, a combined
polling place for a school general election must be arranged so that it does
not include more than one board member election district.
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Sec. 20. Minnesota Statutes
2006, section 206.82, subdivision 2, is amended to read:
Subd. 2. Plan. (a) Subject to paragraph (b),
The municipal clerk in a municipality where an electronic voting system is used
and the county auditor of a county in which an electronic voting system is used
in more than one municipality and the county auditor of a county in which a
counting center serving more than one municipality is located shall prepare a
plan which indicates acquisition of sufficient facilities, computer time, and
professional services and which describes the proposed manner of complying with
section 206.80. The plan must be signed, notarized, and submitted to the
secretary of state more than 60 days before the first election at which the municipality
uses an electronic voting system. Prior to July 1 of each subsequent general
election year, the clerk or auditor shall submit to the secretary of state
notification of any changes to the plan on file with the secretary of state.
The secretary of state shall review each plan for its sufficiency and may
request technical assistance from the Department of Administration or other
agency which may be operating as the central computer authority. The secretary
of state shall notify each reporting authority of the sufficiency or
insufficiency of its plan within 20 days of receipt of the plan. The attorney
general, upon request of the secretary of state, may seek a district court
order requiring an election official to fulfill duties imposed by this subdivision
or by rules promulgated pursuant to this section.
(b) Systems implemented by
counties and municipalities in calendar year 2006 are exempt from paragraph (a)
and section 206.58, subdivision 4, if:
(1) the municipality has
fewer than 10,000 residents; and
(2) a valid county plan was
filed by the county auditor of the county in which the municipality is located.
Sec. 21. Laws 2004, chapter
293, article 1, section 37, subdivision 2, is amended to read:
Subd. 2. Social security number. A voter must
not be included on the list of voters prepared under Minnesota Statutes,
section 201.121, subdivision 1, whose registration is incomplete because of a
failure to match the last four digits of the voter's Social Security number
until the commissioner of public safety has:
(1) entered into an
agreement with the commissioner of the Social Security Administration under
Minnesota Statutes, section 201.1615, regarding the use of the last four digits
of a Social Security number to verify voter registration information;
(2) assembled a complete and
current database of the last four digits of the Social Security number of each
resident of this state as maintained by the Social Security Administration; and
(3) (2) certified, along with the secretary
of state, that the voter registration system has been tested and shown to
properly verify the last four digits of a voter's Social Security number.
EFFECTIVE DATE. This section is
effective the day following final enactment."
Delete the title and insert:
"A bill for an act relating to government operations;
appropriating money for general legislative and administrative expenses of
state government; regulating state and local government operations;
establishing the Minnesota Commission on Ethnic Heritage and New Americans;
creating the position of poet laureate; imposing a temporary technology
surcharge; establishing the Minnesota Commission on Terrorism and Disaster
Preparedness; providing a process for continuing appropriations in certain circumstances;
establishing provisions for grants management; defining significant individual;
creating a state employees electronic health records pilot project; abolishing
the Department of Employee Relations and transferring duties; requiring best
value contracts and
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procurement for certain
purposes; requiring reports; regulating elections and voter registration;
amending Minnesota Statutes 2006, sections 4.035, subdivision 3; 5.12, subdivision
1; 15.06, subdivision 2; 15B.17, subdivision 1; 16A.102, subdivision 4;
16A.103, subdivision 1e; 16A.1286, subdivision 2; 16A.695, subdivisions 2, 3,
by adding subdivisions; 16B.055, subdivision 1; 16B.24, subdivision 5; 16B.35,
subdivision 1; 16C.02, subdivisions 4, 12, 14, by adding subdivisions; 16C.03,
subdivisions 2, 3, 4, 8, 16, by adding subdivisions; 16C.05, subdivisions 1, 2;
16C.08, subdivisions 2, 4, by adding subdivisions; 16C.10, subdivision 7;
16C.16, subdivision 5; 16C.26; 16C.27, subdivision 1; 16C.28; 43A.02, by adding
a subdivision; 43A.08, subdivision 2a; 43A.346, subdivision 1; 103C.305,
subdivision 3; 103D.811, subdivision 3; 103E.505, subdivision 5; 116A.13,
subdivision 5; 123B.52, subdivision 1, by adding a subdivision; 160.17, by
adding a subdivision; 160.262, by adding a subdivision; 161.1419, subdivision
8; 161.32, by adding a subdivision; 161.3412, subdivision 1; 161.38,
subdivision 4; 201.016, subdivision 1a; 201.054, subdivision 1; 201.056;
201.061, subdivisions 1, 3, 4, by adding a subdivision; 201.071, subdivisions
1, 3, 4; 201.081; 201.091, subdivisions 1, 8, 9; 201.12; 201.13, subdivision 3;
201.161; 201.171; 201.27, subdivision 1; 203B.02, subdivision 1; 203B.04,
subdivisions 1, 4, 6; 203B.05, subdivision 2; 203B.06, subdivision 3; 203B.07,
subdivisions 1, 2; 203B.08, subdivision 3; 203B.081; 203B.10; 203B.11,
subdivision 4; 203B.12, subdivision 4; 203B.13, subdivisions 1, 2; 203B.16,
subdivision 2; 203B.17, subdivision 2; 203B.19; 203B.20; 203B.21, subdivisions
2, 3; 203B.22; 203B.23; 203B.24; 203B.25; 203B.26; 204B.06, subdivisions 1, 8;
204B.08, subdivision 3; 204B.09, subdivisions 1, 1a, 3; 204B.11, subdivision 2;
204B.16, subdivision 1; 204B.21, subdivision 2; 204B.45, subdivision 2;
204C.06, subdivision 1; 204C.07, subdivision 3a, by adding a subdivision;
205.075, by adding a subdivision; 205.10, by adding a subdivision; 205.13, by
adding a subdivision; 205.16, subdivision 4; 205A.05, by adding a subdivision;
205A.07, subdivisions 3, 3a; 205A.10, subdivisions 1, 2; 205A.11, subdivision
2; 206.57, subdivision 5; 206.82, subdivision 2; 206.89, subdivisions 1, 5;
211A.02, subdivision 2; 211A.05, subdivision 1; 270B.14, by adding a
subdivision; 270C.03, subdivision 1; 302A.821, subdivision 4; 308A.995,
subdivision 4; 308B.121, subdivision 4; 308B.215, subdivision 2; 317A.823,
subdivision 1; 321.0206; 325L.03; 336.1-110; 336.9-516; 336.9-525; 358.41;
358.42; 358.50; 359.085, subdivisions 2, 3; 365.37, by adding a subdivision;
374.13; 375.101, subdivision 1, by adding a subdivision; 375.21, by adding a
subdivision; 383C.094, by adding a subdivision; 410.12, subdivision 1; 412.311;
429.041, by adding a subdivision; 447.32, subdivision 4; 458D.21, by adding a
subdivision; 469.015, by adding a subdivision; 469.068, subdivision 1, by
adding a subdivision; 469.101, by adding a subdivision; 471.345, subdivision 5,
by adding subdivisions; 471.61, subdivision 1a; 473.523, by adding a
subdivision; 473.756, subdivision 12; 477A.014, subdivision 4; 491A.02,
subdivision 4; 507.24, subdivision 2; 517.08, subdivisions 1b, 1c; Laws 2004,
chapter 293, article 1, section 37, subdivision 2; Laws 2005, chapter 156,
article 2, section 45; Laws 2006, chapter 253, section 22, subdivision 1; Laws
2006, chapter 282, article 14, section 5; proposing coding for new law in
Minnesota Statutes, chapters 3; 4; 5; 8; 11A; 12; 13; 16A; 16B; 16C; 161; 203B;
204B; 270C; 308B; 321; repealing Minnesota Statutes 2006, sections 16A.102,
subdivisions 1, 2, 3; 16B.055, subdivisions 2, 3; 16C.055, subdivision 1; 16C.08,
subdivision 4a; 69.051, subdivision 1c; 200.04; 201.061, subdivision 7;
201.096; 203B.02, subdivision 1a; 203B.04, subdivision 5; 203B.13, subdivision
3a; 203B.16, subdivision 3; 359.085, subdivision 8; 645.44, subdivision
19."
We request the adoption of this report and repassage of the
bill.
Senate Conferees: Don
Betzold, Ann H. Rest, Dan Larson, Gary W. Kubly and Rick E. Olseen.
House Conferees: Phyllis
Kahn, Bill Hilty, Ryan Winkler and Loren Solberg.
Kahn moved that the report of the Conference Committee on
S. F. No. 1997 be adopted and that the bill be repassed as
amended by the Conference Committee. The motion prevailed.
Peterson, N., was excused for the remainder of today's session.
The Speaker resumed the Chair.
Journal of the House - 62nd
Day - Friday, May 4, 2007 - Top of Page 5458
CALL
OF THE HOUSE
On the motion of Kohls and on the demand of 10 members, a call
of the House was ordered. The following members answered to their names:
Abeler
Anderson, S.
Anzelc
Atkins
Beard
Benson
Berns
Bigham
Bly
Brod
Brown
Brynaert
Buesgens
Bunn
Carlson
Cornish
Davnie
Dean
DeLaForest
Dettmer
Dill
Dittrich
Dominguez
Doty
Eastlund
Eken
Emmer
Erickson
Faust
Finstad
Fritz
Gardner
Garofalo
Gottwalt
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Haws
Heidgerken
Hilstrom
Hilty
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson
Juhnke
Kahn
Kalin
Knuth
Koenen
Kohls
Kranz
Laine
Lanning
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Magnus
Mahoney
Mariani
Marquart
Masin
McFarlane
McNamara
Moe
Morgan
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Nornes
Norton
Olin
Otremba
Ozment
Paulsen
Paymar
Peppin
Peterson, A.
Peterson, S.
Poppe
Rukavina
Ruth
Ruud
Sailer
Scalze
Seifert
Sertich
Severson
Shimanski
Simon
Simpson
Slocum
Smith
Solberg
Sviggum
Swails
Thao
Thissen
Tillberry
Tingelstad
Tschumper
Urdahl
Wagenius
Walker
Ward
Wardlow
Welti
Westrom
Winkler
Wollschlager
Zellers
Spk. Kelliher
Kohls moved that further proceedings of the roll call be
suspended and that the Sergeant at Arms be instructed to bring in the
absentees. The motion prevailed and it was so ordered.
S. F. No. 1997, A bill for an act relating to government
operations; appropriating money for the general legislative and administrative
expenses of state government; raising fees; regulating state and local
government operations; modifying provisions related to public employment;
providing for automatic voter registration; abolishing the Department of
Employee Relations; amending Minnesota Statutes 2006, sections 4.035,
subdivision 3; 5.12, subdivision 1; 15.06, subdivisions 2, 8; 15B.17,
subdivision 1; 16A.1286, subdivision 2; 16B.03; 16C.08, subdivision 2; 43A.02,
by adding a subdivision; 43A.03, subdivision 3; 43A.08, subdivisions 1, 2a;
43A.24, subdivision 1; 43A.346, subdivision 1; 45.013; 84.01, subdivision 3;
116.03, subdivision 1; 116J.01, subdivision 5; 116J.035, subdivision 4; 174.02,
subdivision 2; 201.12; 201.13, subdivision 3; 201.161; 241.01, subdivision 2;
270B.14, by adding a subdivision; 302A.821, subdivision 4; 321.0206; 336.1-110;
336.9-525; 471.61, subdivision 1a; 517.08, subdivisions 1b, 1c; Laws 2005,
First Special Session chapter 1, article 4, section 121; proposing coding for
new law in Minnesota Statutes, chapters 5; 13; 16B; 16C; repealing Minnesota
Statutes 2006, sections 43A.03, subdivision 4; 43A.08, subdivision 1b; Laws
2006, chapter 253, section 22.
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 71 yeas and 57 nays as follows:
Those who voted in the affirmative were:
Anzelc
Atkins
Benson
Bigham
Bly
Brynaert
Carlson
Clark
Davnie
Dill
Dominguez
Doty
Eken
Faust
Fritz
Gardner
Greiling
Hansen
Journal of the House - 62nd
Day - Friday, May 4, 2007 - Top of Page 5459
Hausman
Haws
Hilstrom
Hilty
Hornstein
Hortman
Huntley
Jaros
Johnson
Juhnke
Kahn
Knuth
Koenen
Laine
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Madore
Mahoney
Mariani
Marquart
Masin
Moe
Morrow
Mullery
Murphy, E.
Murphy, M.
Nelson
Norton
Paymar
Peterson, A.
Peterson, S.
Rukavina
Ruud
Sailer
Scalze
Sertich
Simon
Slawik
Slocum
Solberg
Thao
Thissen
Tillberry
Tschumper
Wagenius
Walker
Ward
Winkler
Spk. Kelliher
Those who voted in the negative were:
Abeler
Anderson, S.
Beard
Berns
Brod
Brown
Buesgens
Bunn
Cornish
Dean
DeLaForest
Dettmer
Dittrich
Eastlund
Emmer
Erickson
Finstad
Garofalo
Gottwalt
Gunther
Hackbarth
Hamilton
Heidgerken
Hoppe
Hosch
Howes
Kalin
Kohls
Kranz
Lanning
Magnus
McFarlane
McNamara
Morgan
Nornes
Olin
Olson
Otremba
Ozment
Paulsen
Peppin
Poppe
Ruth
Seifert
Severson
Shimanski
Simpson
Smith
Sviggum
Swails
Tingelstad
Urdahl
Wardlow
Welti
Westrom
Wollschlager
Zellers
The bill was repassed, as amended by Conference, and its title
agreed to.
Madam Speaker:
I hereby announce the passage by the Senate of the following
House File, herewith returned, as amended by the Senate, in which amendments
the concurrence of the House is respectfully requested:
H. F.
No. 2433, A bill for an act relating to capital investment; providing disaster
relief for Browns Valley, Rogers, and Warroad; authorizing flood mitigation
projects in Browns Valley; appropriating money; amending Laws 2005, chapter 20,
article 1, section 7, subdivision 2; Laws 2006, chapter 258, section 7, subdivision
3.
Patrice Dworak, First Assistant Secretary of the Senate
Marquart moved that the House refuse to concur in the Senate
amendments to H. F. No. 2433, that the Speaker appoint a
Conference Committee of 3 members of the House, and that the House requests
that a like committee be appointed by the Senate to confer on the disagreeing
votes of the two houses. The motion prevailed.
ANNOUNCEMENT
BY THE SPEAKER
The Speaker announced the appointment of the following members
of the House to a Conference Committee on H. F. No. 2433:
Marquart, Carlson and Seifert.
CALL
OF THE HOUSE LIFTED
Abeler moved that the call of the House be lifted The motion
prevailed and it was so ordered.
Journal of the House - 62nd Day
- Friday, May 4, 2007 - Top of Page 5460
MESSAGES FROM THE SENATE, Continued
There being no objection, the Message from the Senate and the
Conference Committee Report on S. F. No. 2096 were reported to the House.
Madam Speaker:
I hereby announce that the Senate has concurred in and adopted
the report of the Conference Committee on:
S. F. No. 2096.
The Senate has repassed said bill in accordance with the
recommendation and report of the Conference Committee. Said Senate File is
herewith transmitted to the House.
Patrice Dworak, First Assistant Secretary of the Senate
CONFERENCE COMMITTEE REPORT ON S. F. No. 2096
A bill for an act relating to state government; appropriating
money for environmental, natural resources, and energy purposes; establishing
and modifying certain programs; modifying rulemaking authority; providing for
accounts, assessments, and fees; amending Minnesota Statutes 2006, sections
84.025, subdivision 9; 84.026, subdivision 1; 84.027, by adding a subdivision;
84.0855, subdivisions 1, 2; 84.780; 84.922, subdivisions 1a, 5; 84.927,
subdivision 2; 84D.03, subdivision 1; 84D.12, subdivisions 1, 3; 84D.13,
subdivision 7; 85.32, subdivision 1; 86B.415, subdivisions 1, 2, 3, 4, 5, 7;
86B.706, subdivision 2; 89A.11; 93.0015, subdivision 3; 97A.045, by adding a
subdivision; 97A.055, subdivision 4; 97A.065, by adding a subdivision; 97A.405,
subdivision 2; 97A.411, subdivision 1; 97A.451, subdivision 3a; 97A.465, by
adding subdivisions; 97A.473, subdivisions 3, 5; 97A.475, subdivisions 3, 7,
11, 12, by adding a subdivision; 97B.601, subdivision 3; 97B.715, subdivision
1; 97B.801; 97C.081, subdivision 3; 97C.355, subdivision 2; 116C.779,
subdivision 1; 216B.812, subdivisions 1, 2; 216C.051, subdivision 9; Laws 2003,
chapter 128, article 1, section 169; proposing coding for new law in Minnesota
Statutes, chapters 84; 84D; 89; 103F; 144; 216B; 216C; 325E; repealing
Minnesota Statutes 2006, section 93.2236.
May 4,
2007
The Honorable James P.
Metzen
President of the Senate
The Honorable Margaret
Anderson Kelliher
Speaker of the House of
Representatives
We,
the undersigned conferees for S. F. No. 2096 report that we have agreed upon
the items in dispute and recommend as follows:
That
the House recede from its amendments and that S. F. No. 2096 be further amended
as follows:
Delete
everything after the enacting clause and insert:
Journal of the House - 62nd
Day - Friday, May 4, 2007 - Top of Page 5461
"ARTICLE
1
ENVIRONMENT
AND NATURAL RESOURCES
Section 1. SUMMARY OF
APPROPRIATIONS.
The amounts shown in this section summarize direct
appropriations, by fund, made in this article.
2008 2009 Total
General $177,046,000 $126,148,000 $303,194,000
State Government Special Revenue 48,000 48,000 96,000
Environmental 62,425,000 62,622,000 125,047,000
Natural Resources 82,211,000 82,301,000 164,512,000
Game and Fish 89,988,000 91,947,000 181,935,000
Remediation 11,116,000 11,186,000 22,302,000
Permanent School 200,000 200,000 400,000
Total $423,034,000 $374,452,000 $797,486,000
Sec. 2. ENVIRONMENT
AND NATURAL RESOURCES APPROPRIATIONS.
The sums shown in the columns marked
"Appropriations" are appropriated to the agencies and for the
purposes specified in this article. The appropriations are from the general
fund, or another named fund, and are available for the fiscal years indicated
for each purpose. The figures "2008" and "2009" used in
this article mean that the appropriations listed under them are available for
the fiscal year ending June 30, 2008, or June 30, 2009, respectively. "The
first year" is fiscal year 2008. "The second year" is fiscal
year 2009. "The biennium" is fiscal years 2008 and 2009. Appropriations
for the fiscal year ending June 30, 2007, are effective the day following final
enactment.
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Sec. 3. POLLUTION
CONTROL AGENCY
Subdivision 1. Total
Appropriation $117,782,000 $86,388,000
Appropriations by Fund
2008 2009
General 44,293,000 12,632,000
Journal of the House - 62nd
Day - Friday, May 4, 2007 - Top of Page 5462
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
State Government
Special Revenue 48,000 48,000
Environmental 62,425,000 62,622,000
Remediation 11,016,000 11,086,000
The amounts that may be
spent for each purpose are specified in the following subdivisions.
Subd. 2. Water
58,053,000 26,930,000
Appropriations by Fund
General 38,656,000 7,603,000
State Government
Special Revenue 48,000 48,000
Environmental 19,349,000 19,279,000
$2,348,000 the first year
and $2,348,000 the second year are for the clean water partnership program. Any
balance remaining in the first year does not cancel and is available for the
second year. This appropriation may be used for grants to local units of
government for the purpose of restoring impaired waters listed under section
303(d) of the federal Clean Water Act in accordance with adopted total maximum daily
loads (TMDLs), including implementation of approved clean water partnership
diagnostic study work plans that will assist in restoration of impaired waters,
in accordance with Minnesota Statutes, chapter 114D.
$2,324,000 the first year
and $2,324,000 the second year must be distributed as grants to delegated
counties to administer the county feedlot program. Distribution of funds must
be as provided in Laws 2005, First Special Session chapter 1, article 2,
section 2, subdivision 2. The commissioner, in consultation with the Minnesota
Association of County Feedlot Officers executive team, may use up to five
percent of the annual appropriation for initiatives to enhance existing
delegated county feedlot programs, information and education, or technical assistance
to reduce feedlot-related pollution hazards. Any money remaining after the
first year is available for the second year.
Journal of the House - 62nd
Day - Friday, May 4, 2007 - Top of Page 5463
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
$335,000 the first year and
$335,000 the second year are for community technical assistance and education,
including grants and technical assistance to communities for local and
basinwide water quality protection.
$405,000 the first year and
$405,000 the second year are for individual sewage treatment system (ISTS)
administration and grants. Of this amount, $86,000 each year is for assistance
to counties through grants for ISTS program administration. Any unexpended
balance in the first year does not cancel but is available in the second year.
$480,000 the first year and
$480,000 the second year are from the environmental fund to address the need
for continued increased activity in the areas of new technology review,
technical assistance for local governments, and enforcement under Minnesota
Statutes, sections 115.55 to 115.58, and to complete the requirements of Laws
2003, chapter 128, article 1, section 165. Of this amount, $48,000 each year is
for administration of individual septic tank fees.
$31,009,000 the first year
is to implement the requirements of Minnesota Statutes, chapter 114D. Of this
amount, $12,634,000 is for completion of 20 percent of the needed statewide
assessments of surface water quality and trends and $18,000,000 is to develop
TMDL's and TMDL implementation plans for waters listed on the United States
Environmental Protection Agency approved impaired waters list in accordance
with Minnesota Statutes, chapter 114D. The agency shall complete an average of
ten percent of the TMDL's each year over the biennium. The department shall
monitor and analyze endocrine disruptors in surface waters in at least 20
additional sites. The data must be placed on the agency's Web site.
$1,035,000 the first year and
$1,035,000 the second year are from the environmental fund to provide
regulatory services to the ethanol, mining, and other developing economic
sectors. Priority shall be for permitting new and emerging bioenergy crop
utilization technologies. This is a onetime appropriation.
$88,000 the first year is
for the endocrine disruptors report required to be completed under this
article.
Journal of the House - 62nd
Day - Friday, May 4, 2007 - Top of Page 5464
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
The commissioner shall
transfer the amount necessary, up to $600,000, from the remediation fund
to the commissioner of health to conduct an evaluation under Minnesota
Statutes, section 115B.17, of
point of use water treatment units at removing perfluorooctanoic
acid, perfluorooctane sulfonate, and perfluorobutanoic acid from known
concentrations of these compounds in drinking water. The evaluation shall be
completed by December 31, 2007, and the commissioner of health may contract for
services to complete the evaluation.
By January 15, 2008, the
commissioner shall amend agency rules and,
where legislative action is necessary, provide recommendations to the house of
representatives and senate divisions on environmental finance on water and air
fee changes that will result in revenue to the environmental fund to pay for
regulatory services to the ethanol, mining, and other developing economic
sectors.
Notwithstanding Minnesota
Statutes, section 16A.28, the appropriations encumbered under contract on or
before June 30, 2009, for clean water partnership, individual sewage treatment
systems (ISTS), Minnesota River, total maximum daily loads (TMDL's), stormwater
contracts or grants, and local and basinwide water quality protection contracts
or grants in this subdivision are available until June 30, 2011.
Subd. 3. Air
11,003,000 11,270,000
Appropriations by Fund
Environmental 11,003,000 11,270,000
Up to $150,000 the first year
and $150,000 the second year may be transferred from the environmental fund to
the small business environmental improvement loan account established in
Minnesota Statutes, section 116.993.
$200,000 the first year and
$200,000 the second year are from the environmental fund for a monitoring
program under Minnesota Statutes, section 116.454.
$125,000 the first year and
$125,000 the second year are from the environmental fund for monitoring ambient
air for hazardous pollutants in the metropolitan area.
Journal of the House - 62nd
Day - Friday, May 4, 2007 - Top of Page 5465
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
$1,140,000 the first year and
$1,140,000 the second year are from the environmental fund to provide
regulatory services to the ethanol, mining, and other developing economic
sectors. Priority shall be for permitting new and emerging bioenergy crop
utilization technologies. This is a onetime appropriation.
Subd. 4. Land
19,081,000 19,151,000
Appropriations by Fund
General 1,000,000 1,000,000
Environmental 7,065,000 7,065,000
Remediation 11,016,000 11,086,000
All money for environmental response,
compensation, and compliance in the remediation fund not otherwise appropriated
is appropriated to the commissioners of the Pollution Control Agency and
agriculture for purposes of Minnesota Statutes, section 115B.20, subdivision 2,
clauses (1), (2), (3), (6), and (7). At the beginning of each fiscal year, the
two commissioners shall jointly submit an annual spending plan to the
commissioner of finance and the house and senate chairs of environment and
natural resources finance that maximizes the utilization of resources and
appropriately allocates the money between the two departments. This
appropriation is available until June 30, 2009.
$3,616,000 the first year
and $3,616,000 the second year are from the petroleum tank fund to be
transferred to the remediation fund for purposes of the leaking underground
storage tank program to protect the land.
$252,000 the first year and
$252,000 the second year are from the remediation fund to be transferred to the
Department of Health for private water supply monitoring and health assessment
costs in areas contaminated by unpermitted mixed municipal solid waste disposal
facilities and drinking water advisories and public information activities for
areas contaminated by hazardous releases.
$1,000,000 each year is for
environmental health tracking and biomonitoring. Of this amount, $900,000 each
year is for transfer to the Department of Health. The base appropriation for
this program for fiscal year 2010 and later is $500,000.
Journal of the House - 62nd
Day - Friday, May 4, 2007 - Top of Page 5466
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Subd. 5. Multimedia
5,872,000 5,215,000
Appropriations by Fund
General 3,006,000 2,349,000
Environmental 2,866,000 2,866,000
$825,000 the first year and
$825,000 the second year are from the environmental fund to provide regulatory
services to the ethanol, mining, and other developing economic sectors.
Priority shall be for permitting new and emerging bioenergy crop utilization technologies.
This is a onetime appropriation.
$400,000 the first year is a
onetime appropriation for a grant to the Koochiching Economic Development
Authority for a feasibility study for a plasma torch gasification facility that
converts municipal solid waste into energy and slag.
$300,000 the first year is
for the biomass gasification facilities air emissions study for the purpose of
fully characterizing the air emissions exerted from biomass gasification
facilities across a range of feedstocks. This is a onetime appropriation.
Notwithstanding Minnesota
Statutes, section 16A.28, the appropriations encumbered under contract on or
before June 30, 2009, for total maximum daily load (TMDL) contracts or grants
are available until June 30, 2011.
Subd. 6. Environmental
Assistance 22,142,000 22,142,000
This appropriation is from
the environmental fund.
$14,000,000 each year is
from the environmental fund for SCORE block grants to counties.
Any unencumbered grant and
loan balances in the first year do not cancel but are available for grants and
loans in the second year.
All money deposited in the
environmental fund for the metropolitan solid waste landfill fee in accordance with
Minnesota Statutes, section 473.843, and not otherwise appropriated, is
appropriated for the purposes of Minnesota Statutes, section 473.844.
Journal of the House - 62nd
Day - Friday, May 4, 2007 - Top of Page 5467
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
$119,000 the first year and $119,000 the second year
are for environmental assistance grants or loans under Minnesota Statutes,
section 115A.0716.
$1,200,000 the first year and $1,200,000 the second
year are from the environmental fund first to retrofit school buses statewide,
including buses for preschool children, and, after completion, secondly for
loans to small trucking firms to install equipment to reduce fuel consumption.
This is a onetime appropriation.
Notwithstanding Minnesota Statutes, section 16A.28,
the appropriations encumbered under contract on or before June 30, 2009, for
environmental assistance grants awarded under Minnesota Statutes, section
115A.0716, and for technical and research assistance under Minnesota Statutes,
section 115A.152, technical assistance under Minnesota Statutes, section
115A.52, and pollution prevention assistance under Minnesota Statutes, section
115D.04, are available until June 30, 2011.
Subd. 7. Administrative
Support 1,631,000 1,680,000
The commissioner may transfer money from the
environmental fund to the remediation fund as necessary for the purposes of the
remediation fund under Minnesota Statutes, section 116.155, subdivision 2.
Sec. 4. NATURAL
RESOURCES
Subdivision 1. Total
Appropriation $255,077,000 $252,416,000
Appropriations by Fund
2008 2009
General 87,775,000 83,066,000
Natural Resources 77,014,000 77,103,000
Game and Fish 89,988,000 91,947,000
Remediation 100,000 100,000
Permanent School 200,000 200,000
The amounts that may be spent for each purpose are
specified in the following subdivisions.
Journal of the House - 62nd
Day - Friday, May 4, 2007 - Top of Page 5468
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
Subd. 2. Land
and Mineral Resources Management 11,747,000 11,272,000
Appropriations by Fund
General 6,633,000 6,230,000
Natural Resources 3,551,000 3,447,000
Game and Fish 1,363,000 1,395,000
Permanent School 200,000 200,000
$475,000 the first year and
$475,000 the second year are for iron ore cooperative research. Of this amount,
$200,000 each year is from the minerals management account in the natural
resources fund and $275,000 each year is from the general fund. $237,500 the
first year and $237,500 the second year are available only as matched by $1 of
nonstate money for each $1 of state money. The match may be cash or in-kind.
$86,000 the first year and $86,000
the second year are for minerals cooperative environmental research, of which
$43,000 the first year and $43,000 the second year are available only as
matched by $1 of nonstate money for each $1 of state money. The match may be
cash or in-kind.
$2,800,000 the first year
and $2,696,000 the second year are from the minerals management account in the
natural resources fund for use as provided in Minnesota Statutes, section
93.2236, paragraph (c).
$200,000 the first year and
$200,000 the second year are from the state forest suspense account in the
permanent school fund to accelerate land exchanges, land sales, and commercial
leasing of school trust lands and to identify, evaluate, and lease construction
aggregate located on school trust lands. This appropriation is to be used for
securing maximum long-term economic return from the school trust lands
consistent with fiduciary responsibilities and sound natural resources
conservation and management principles.
$15,000 the first year is
for a report by February 1, 2008, to the house and senate committees with
jurisdiction over environment and natural resources on proposed minimum legal
and conservation standards that could be applied to conservation easements
acquired with public money.
Journal of the House - 62nd
Day - Friday, May 4, 2007 - Top of Page 5469
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
$1,201,000 the first year
and $701,000 the second year are to support the land records management system.
Of this amount, $326,000 the first year and $326,000 the second year are from
the game and fish fund and $375,000 the first year and $375,000 the second year
are from the natural resources fund. The commissioner must report to the
legislative chairs on environmental finance on the outcomes of the land records
management support.
$500,000 the first year and
$500,000 the second year are for land asset management. This is a onetime
appropriation.
Subd. 3. Water
Resources Management 15,051,000 12,522,000
Appropriations by Fund
General 14,771,000 12,242,000
Natural Resources 280,000 280,000
$310,000 the first year and
$310,000 the second year are for grants associated with the implementation of
the Red River mediation agreement.
$65,000 the first year and
$65,000 the second year are for a grant to the Mississippi Headwaters Board for
up to 50 percent of the cost of implementing the comprehensive plan for the
upper Mississippi within areas under its jurisdiction.
$5,000 the first year and
$5,000 the second year are for payment to the Leech Lake Band of Chippewa
Indians to implement its portion of the comprehensive plan for the upper
Mississippi.
$200,000 the first year and
$200,000 the second year are for the construction of ring dikes under Minnesota
Statutes, section 103F.161. The ring dikes may be publicly or privately owned.
If the appropriation in either year is insufficient, the appropriation in the
other year is available for it. The base appropriation for fiscal year 2010 and
later is $125,000.
$2,250,000 the first year is
to support the identification of impaired waters and develop plans to address
those impairments, as required by the federal Clean Water Act, in accordance
with Minnesota Statutes, chapter 114D. This is a onetime appropriation.
Journal of the House - 62nd
Day - Friday, May 4, 2007 - Top of Page 5470
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
By January 15, 2008, the commissioner
shall commence rulemaking under Minnesota Statutes, chapter 14, to update the
minimum shoreland standards in Minnesota Rules, chapter 6120.
$60,000 the first year is a
onetime appropriation to the commissioner of natural resources to conduct a
feasibility study in conjunction with U.S. Army Corps of Engineers on the
foundation and hydraulics of the Rapidan Dam in Blue Earth County. This
appropriation must be equally matched by Blue Earth County, and is available
until expended.
$500,000 in fiscal year 2008
is for addressing surface and groundwater issues related to the development and
expansion of ethanol production.
Subd. 4. Forest
Management 44,495,000 43,393,000
Appropriations by Fund
General 24,755,000 24,836,000
Natural Resources 19,483,000 18,293,000
Game and Fish 257,000 264,000
$7,217,000 the first year
and $7,217,000 the second year are for prevention, presuppression, and
suppression costs of emergency firefighting and other costs incurred under
Minnesota Statutes, section 88.12. If the appropriation for either year is
insufficient to cover all costs of presuppression and suppression, the amount
necessary to pay for these costs during the biennium is appropriated from the
general fund.
By November 15 of each year,
the commissioner of natural resources shall submit a report to the chairs of
the house and senate committees and divisions having jurisdiction over
environment and natural resources finance, identifying all firefighting costs
incurred and reimbursements received in the prior fiscal year. These
appropriations may not be transferred. Any reimbursement of firefighting
expenditures made to the commissioner from any source other than federal
mobilizations shall be deposited into the general fund.
Journal of the House - 62nd
Day - Friday, May 4, 2007 - Top of Page 5471
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
$17,983,000 the first year
and $18,293,000 the second year are from the forest management investment
account in the natural resources fund for only the purposes specified in
Minnesota Statutes, section 89.039, subdivision 2.
Of this amount:
(1) $750,000 each year is
for additional staff to enhance timber sales;
(2) $1,000,000 each year is
for forest improvements;
(3) $1,100,000 each year is
for forest road maintenance;
(4) $600,000 each year is
for the ecological classification system on state forest lands;
(5) $350,000 each year is
for the prevention of invasive species on state forest lands; and
(6) $400,000 each year is
for the re-inventory of state forest lands.
Money for forest road
maintenance is onetime.
$780,000 the first year and
$780,000 the second year are for the Forest Resources Council for
implementation of the Sustainable Forest Resources Act.
$40,000 the first year is
for the Forest Resources Council to provide a grant to the University of
Minnesota to prepare a statewide plan to address the fragmentation and
parcelization of large blocks of forest land in the state.
$200,000 in fiscal year 2008
is for a grant to the Forest Resources Research Advisory Committee to provide
direction on research topics recommended by the governor's task force on the
competitiveness of Minnesota's primary forest products industry.
$350,000 the first year and
$350,000 the second year are for the FORIST
timber management information system, other information systems, and for
increased forestry management. The amount in the second year is also available
in the first year.
$257,000 the first year and
$264,000 the second year are from the game and fish fund to implement
ecological classification systems (ECS) standards on forested landscapes. This
appropriation is from revenue deposited in the game and fish fund under
Minnesota Statutes, section 297A.94, paragraph (e), clause (1).
Journal of the House - 62nd
Day - Friday, May 4, 2007 - Top of Page 5472
APPROPRIATIONS
Available for the Year
Ending June 30
2008 2009
$110,000 the first year is to develop and implement a
statewide information and education campaign regarding the statewide ban on the
transport, storage, or use of nonapproved firewood on state-administered lands.
$1,500,000 the first year is from the forest
management investment account in the natural resources fund for the purposes of
section 157. This is a onetime appropriation.
$75,000 the first year is to the Forest Resources
Council for a task force on forest protection and $75,000 the second year is
appropriated to the commissioner for grants to cities, counties, townships,
special recreation areas, and park and recreation boards in cities of the first
class for the identification, removal, disposal, and replacement of dead or
dying shade trees lost to forest pests or disease. For purposes of this section,
"shade tree" means a woody perennial grown primarily for aesthetic or
environmental purposes with minimal to residual timber value. The commissioner
shall consult with municipalities; park and recreation boards in cities of the
first class; nonprofit organizations; and other interested parties in
developing eligibility criteria.
$200,000 in fiscal year 2008 is for a grant to the
Natural Resources Research Institute for silvicultural research to improve the
quality and quantity of timber fiber. The appropriation must be matched in the
amount of $200,000 in cash or in-kind contributions from the forest products
industry members of the Minnesota Forest Productivity Research Cooperative.
$1,000,000 the first year and $1,000,000 the second
year are to support additional technical and cost-share assistance to
nonindustrial private forest (NIPF) landowners. The base appropriation in
fiscal year 2010 and later is $500,000.
$200,000 the first year and $200,000 the second year
are to address escalating land asset management demands, such as boundary
disputes, access easements, and sale, exchange, and acquisition of forest
lands.