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Journal of the House - 66th Day - Monday, May 23, 2005 - Top of Page 4801


elections and campaign finance; regulating Minneapolis teacher pensions; modifying provisions related to the military and veterans; providing conforming amendments; amending Minnesota Statutes 2004, sections 3.011; 3.012; 3.02; 10A.01, subdivisions 5, 21, 23, 26; 10A.025, by adding a subdivision; 10A.071, subdivision 3; 10A.08; 10A.20, subdivisions 2, 5, by adding a subdivision; 10A.27, subdivision 1; 10A.28, subdivision 2; 10A.31, subdivisions 1, 3, 4, 5, 6a; 11A.04; 11A.07, subdivisions 4, 5; 11A.24, subdivision 6; 13.635, by adding a subdivision; 14.19; 15.054; 15B.17, subdivision 1; 16A.103, by adding a subdivision; 16A.1286, subdivisions 2, 3; 16A.152, subdivision 2; 16A.1522, subdivision 1; 16A.281; 16B.52, subdivision 1; 16C.10, subdivision 7; 16C.144; 16C.16, subdivision 1, by adding a subdivision; 16C.23, by adding a subdivision; 43A.183; 43A.23, subdivision 1; 123B.63, subdivision 3; 126C.17, subdivision 11; 190.16, by adding a subdivision; 192.19; 192.261, subdivisions 1, 2; 192.501, subdivision 2; 193.29, subdivision 3; 193.30; 193.31; 197.608, subdivision 5; 200.02, subdivisions 7, 23, by adding a subdivision; 201.022, by adding a subdivision; 201.061, subdivision 3; 201.071, subdivision 1; 201.091, subdivision 5; 203B.01, subdivision 3; 203B.02, subdivision 1; 203B.04, subdivisions 1, 4, by adding a subdivision; 203B.07, subdivision 2; 203B.11, subdivision 1; 203B.12, subdivision 2; 203B.20; 203B.21, subdivisions 1, 3; 203B.24, subdivision 1; 204B.10, subdivision 6; 204B.14, subdivision 2; 204B.16, subdivisions 1, 5; 204B.18, subdivision 1; 204B.22, subdivision 3; 204B.27, subdivisions 1, 3; 204B.33; 204C.05, subdivision 1a, by adding a subdivision; 204C.08, subdivision 1; 204C.24, subdivision 1; 204C.28, subdivision 1; 204C.50, subdivisions 1, 2; 204D.03, subdivision 1; 204D.14, subdivision 3; 204D.27, subdivision 5; 205.10, subdivision 3; 205.175, subdivision 2; 205A.05, subdivision 1; 205A.09, subdivision 1; 206.56, subdivisions 2, 3, 7, 8, 9, by adding subdivisions; 206.57, subdivisions 1, 5, by adding a subdivision; 206.58, subdivision 1; 206.61, subdivisions 4, 5; 206.64, subdivision 1; 206.80; 206.81; 206.82, subdivisions 1, 2; 206.83; 206.84, subdivisions 1, 3, 6; 206.85, subdivision 1; 206.90, subdivisions 1, 4, 5, 6, 8, 9; 208.03; 208.04, subdivision 1; 208.05; 208.06; 208.07; 208.08; 211B.01, subdivision 3; 240A.02, subdivision 3; 354A.08; 354A.12, subdivisions 3a, 3b; 358.11; 373.40, subdivision 2; 375.20; 394.25, by adding a subdivision; 447.32, subdivision 4; 458.40; 462.357, by adding a subdivision; 465.82, subdivision 2; 465.84; 469.053, subdivision 5; 469.0724; 469.190, subdivision 5; 471.345, by adding a subdivision; 471.975; 473.147, by adding a subdivision; 475.521, subdivision 2; 475.58, subdivisions 1, 1a; 475.59; 507.093; 507.24, subdivision 2; Laws 2000, chapter 461, article 4, section 4, as amended; proposing coding for new law in Minnesota Statutes, chapters 3; 4; 5; 6; 8; 10A; 14; 15; 15B; 16A; 16B; 16C; 43A; 196; 197; 204D; 205; 205A; 206; 298; 354A; 471; 507; proposing coding for new law as Minnesota Statutes, chapter 471B; repealing Minnesota Statutes 2004, sections 16A.151, subdivision 5; 16A.30; 16B.33; 43A.11, subdivision 2; 197.455, subdivision 3; 204B.22, subdivision 2; 204C.05, subdivisions 1a, 1b; 204C.50, subdivision 7; 205.175; 205A.09; 240A.08; 354A.28; Minnesota Rules, parts 4501.0300, subparts 1, 4; 4501.0500, subpart 4; 4501.0600; 4503.0200, subpart 4; 4503.0300, subpart 2; 4503.0400, subpart 2; 4503.0500, subpart 9; 4503.0800, subpart 1.

 

May 23, 2005

 

The Honorable Steve Sviggum

Speaker of the House of Representatives

 

The Honorable James P. Metzen

President of the Senate

 

      We, the undersigned conferees for H. F. No. 1481, report that we have agreed upon the items in dispute and recommend as follows:

 

      That the Senate recede from its amendment and that H. F. No. 1481 be further amended as follows:

 

      Delete everything after the enacting clause and insert:

 

"ARTICLE 1

 

STATE GOVERNMENT APPROPRIATIONS

 

      Section 1. [STATE GOVERNMENT APPROPRIATIONS.]


Journal of the House - 66th Day - Monday, May 23, 2005 - Top of Page 4802


                The sums shown in the columns marked "APPROPRIATIONS" are appropriated from the general fund, or another fund named, to the agencies and for the purposes specified in this article, to be available for the fiscal years indicated for each purpose. The figures "2005," "2006," and "2007," where used in this article, mean that the appropriation or appropriations listed under them are available for the year ending June 30, 2005, June 30, 2006, or June 30, 2007, respectively.

 

SUMMARY BY FUND

 

                                                                                                                       2006                              2007                         TOTAL

 

General                                                                                        $295,666,000              $301,319,000              $596,985,000

 

Health Care Access                                                                         1,782,000                     1,782,000                     3,564,000

 

State Government Special Revenue                                             2,178,000                     2,194,000                     4,372,000

 

Environmental                                                                                     436,000                        436,000                        872,000

 

Remediation                                                                                         484,000                        484,000                        968,000

 

Special Revenue                                                                               4,395,000                     5,541,000                     9,936,000

 

Highway User Tax Distribution                                                     2,097,000                     2,097,000                     4,194,000

 

Workers' Compensation                                                                 7,552,000                     7,458,000                  15,010,000

 

TOTAL                                                                                        $314,590,000              $321,311,000              $635,901,000

 

                                                                                                                                                              APPROPRIATIONS

                                                                                                                                                            Available for the Year           

                                                                                                                                                                  Ending June 30

                                                                                                                                                   2006                                      2007

 

      Sec. 2. LEGISLATURE

 

      Subdivision 1. Total Appropriation                                                                           $54,272,000                $62,042,000

 

                                                 Summary by Fund

 

General                                                54,144,000       61,914,000

 

Health Care Access                                128,000             128,000

 

The amounts that may be spent from this appropriation for each program are specified in the following subdivisions.

 

      Subd. 2. Senate                           17,965,000       20,654,000

 

      Subd. 3. House of Representatives

 

                                                               24,177,000       27,790,000


Journal of the House - 66th Day - Monday, May 23, 2005 - Top of Page 4803


                                APPROPRIATIONS

                                                                                                                                                            Available for the Year           

                                                                                                                                                                  Ending June 30

                                                                                                                                                   2006                                      2007

 

During the biennium ending June 30, 2007, any revenues received by the house of representatives from sponsorship notices in broadcast or print media are appropriated to the house of representatives.

 

      Subd. 4. Legislative Coordinating Commission

 

                                                               12,130,000       13,598,000

 

                                                 Summary by Fund

 

General                                                12,002,000       13,470,000

 

Health Care Access                                128,000             128,000

 

$360,000 the first year and $360,000 the second year are for public information television, Internet, Intranet, and other transmission of legislative activities. At least one-half must go for programming to be broadcast and transmitted to rural Minnesota.

 

On July 1, 2005, the commissioner of finance shall transfer $1,764,000 of unspent fees from the special revenue fund dedicated for the Electronic Real Estate Recording Task Force to the general fund.

 

On July 1, 2005, the commissioner of finance shall cancel $2,500,000 of the legislature's accumulated carryforward account balances, divided equally between the senate and house balances, to the general fund.

 

$4,645,000 the first year and $5,143,000 the second year are for the Office of the Revisor of Statutes.

 

$1,016,000 the first year and $1,154,000 the second year are for the Legislative Reference Library.

 

$4,530,000 the first year and $5,206,000 the second year are for the Office of the Legislative Auditor.

 

During the biennium ending June 30, 2007, the commission shall study and report to the legislature on all matters relating to the economic status of women in Minnesota, including: (1) the contributions of women to the economy; (2) economic security of homemakers and women in the labor force; (3) opportunities for education and vocational training; (4) employment opportunities; (5) women's access to benefits and services provided to citizens of


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                                APPROPRIATIONS

                                                                                                                                                            Available for the Year           

                                                                                                                                                                  Ending June 30

                                                                                                                                                   2006                                      2007

 

this state; and (6) laws and business practices constituting barriers to the full participation by women in the economy. The commission shall also study the adequacy of programs and services relating to families in Minnesota. The commission shall communicate its findings and make recommendations to the legislature on an ongoing basis.

 

During the biennium ending June 30, 2007, the Legislative Coordinating Commission must coordinate efforts of the senate, house of representatives, and the state chief information officer to provide wireless Internet service in the Capitol and the State Office Building. The commission may accept nonstate funds to support the installation and support of wireless Internet access, which are appropriated to the commission for this purpose. Services provided by the chief information officer under this provision are available to the public. Any provision of wireless Internet access services under this provision must include appropriate security measures, and be coordinated with overall state telecommunications and security strategies and architectures.

 

      Sec. 3. GOVERNOR AND LIEUTENANT GOVERNOR                                           3,584,000                     3,584,000

 

This appropriation is to fund the offices of the governor and lieutenant governor.

 

$19,000 the first year and $19,000 the second year are for necessary expenses in the normal performance of the governor's and lieutenant governor's duties for which no other reimbursement is provided.

 

By September 1 of each year, the commissioner of finance shall report to the chairs of the senate Governmental Operations Budget Division and the house State Government Finance Division any personnel costs incurred by the Office of the Governor and Lieutenant Governor that were supported by appropriations to other agencies during the previous fiscal year. The Office of the Governor shall inform the chairs of the divisions before initiating any interagency agreements.

 

      Sec. 4. STATE AUDITOR                                                                                                8,273,000                     8,273,000

 

      Sec. 5. ATTORNEY GENERAL                                                                                   25,152,000                  25,192,000

 

                                                 Summary by Fund

 

General                                                22,745,000       22,769,000


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                                APPROPRIATIONS

                                                                                                                                                            Available for the Year           

                                                                                                                                                                  Ending June 30

                                                                                                                                                   2006                                      2007

 

State Government

Special Revenue                                  1,778,000         1,794,000

 

Environmental                                        145,000             145,000

 

Remediation                                            484,000             484,000

 

      Sec. 6. SECRETARY OF STATE                                                                                    5,905,000                     6,077,000

 

$25,000 each year is for the use of the task force established in Minnesota Statutes, section 507.094, for the purposes in that section. $25,000 is included in the base budget for fiscal year 2008 for this purpose.

 

      Sec. 7. CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD                                                                                                694,000             694,000

 

      Sec. 8. INVESTMENT BOARD                                                                                      2,167,000                     2,167,000

 

      Sec. 9. OFFICE OF ENTERPRISE TECHNOLOGY                                                   1,803,000                     1,803,000

 

      Sec. 10. ADMINISTRATIVE HEARINGS           7,714,000                                     7,620,000

 

                                                 Summary by Fund

 

General                                                     262,000             262,000

 

Workers' Compensation                     7,452,000         7,358,000

 

$203,000 the first year and $109,000 the second year are from the workers' compensation fund for technology improvements. The base appropriation for these improvements is $158,000 in fiscal year 2008 and $165,000 in fiscal year 2009.

 

For fiscal years 2006 and 2007, the Administrative Law Division of the Office of Administrative Hearings shall charge the fees approved by the commissioner of finance under Minnesota Statutes, section 16A.126.

 

      Sec. 11. ADMINISTRATION

 

      Subdivision 1. Total Appropriation                                                                              25,558,000                  20,375,000

 

The amounts that may be spent from this appropriation for each program are specified in the following subdivisions.


Journal of the House - 66th Day - Monday, May 23, 2005 - Top of Page 4806


                                APPROPRIATIONS

                                                                                                                                                            Available for the Year           

                                                                                                                                                                  Ending June 30

                                                                                                                                                   2006                                      2007

 

      Subd. 2. State Facilities Services

 

                                                               16,070,000       10,946,000

 

$5,124,000 the first year is for onetime funding of agency relocation expenses. The Department of Human Services will obtain federal reimbursement for associated relocation expenses. This amount, estimated to be $1,870,000, will be deposited in the general fund.

 

$7,888,000 the first year and $7,888,000 the second year are for office space costs of the legislature and veterans organizations, for ceremonial space, and for statutorily free space.

 

$2,000,000 of the balance in the state building code account in the state government special revenue fund is canceled to the general fund.

 

$1,950,000 the first year and $1,950,000 the second year of the balance in the facilities repair and replacement account in the special revenue fund is canceled to the general fund. This is a onetime cancellation.

 

      Subd. 3. State and Community Services

 

                                                                 2,921,000         3,012,000

 

$714,000 the first year and $805,000 the second year are for the Land Management Information Center. The base appropriation is $258,000 in fiscal year 2008 and $258,000 in fiscal year 2009.

 

$196,000 the first year and $196,000 the second year are for the Office of the State Archaeologist.

 

      Subd. 4. Administrative Management Services

 

                                                                 4,712,000         4,562,000

 

$150,000 the first year is for a onetime grant to Assistive Technology of Minnesota to administer a microloan program to support purchase of equipment and devices for people with disabilities and their families and employers, and to develop the Access to Telework program. This appropriation is available until June 30, 2007.

 

$74,000 the first year and $74,000 the second year are for the Developmental Disabilities Council.


Journal of the House - 66th Day - Monday, May 23, 2005 - Top of Page 4807


                                APPROPRIATIONS

                                                                                                                                                            Available for the Year           

                                                                                                                                                                  Ending June 30

                                                                                                                                                   2006                                      2007

 

      Subd. 5. Public Broadcasting

 

                                                                 1,855,000         1,855,000

 

$963,000 the first year and $963,000 the second year are for matching grants for public television.

 

$398,000 the first year and $398,000 the second year are for public television equipment grants.

 

Equipment or matching grant allocations shall be made after considering the recommendations of the Minnesota Public Television Association.

 

$17,000 the first year and $17,000 the second year are for grants to the Twin Cities regional cable channel.

 

$287,000 the first year and $287,000 the second year are for community service grants to public educational radio stations. The grants must be allocated after considering the recommendations of the Association of Minnesota Public Educational Radio Stations under Minnesota Statutes, section 129D.14.

 

$190,000 the first year and $190,000 the second year are for equipment grants to Minnesota Public Radio, Inc. This appropriation is contingent on Minnesota Public Radio, Inc. making public a list containing the position and salary of each employee and single individual providing personal services under a contract who is paid more than $100,000 per year by Minnesota Public Radio, Inc. or a related organization as defined in Minnesota Statutes, section 317A.011, subdivision 18.

 

Any unencumbered balance remaining the first year for grants to public television or radio stations does not cancel and is available for the second year.

 

      Sec. 12. CAPITOL AREA ARCHITECTURAL AND PLANNING BOARD                                                                            269,000             270,000

 

During the biennium ending June 30, 2007, money received by the board from public agencies, as provided by Minnesota Statutes, section 15B.17, subdivision 1, is appropriated to the board.

 

      Sec. 13. FINANCE

 

      Subdivision 1. Total Appropriation                                                                              14,808,000                  14,808,000

 

The amounts that may be spent from this appropriation for each program are specified in the following subdivisions.


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                                APPROPRIATIONS

                                                                                                                                                            Available for the Year           

                                                                                                                                                                  Ending June 30

                                                                                                                                                   2006                                      2007

 

No later than June 30, 2006, and June 30, 2007, the commissioner of finance, in consultation with the commissioner of administration, must determine the savings attributable to the "Drive to Excellence" in fiscal year 2006 and fiscal year 2007, respectively. The savings are estimated to be $1,000,000 for the biennium. The commissioner must deposit the amount determined for each year in the general fund.

 

      Subd. 2. State Financial Management

 

                                                                 8,447,000         8,447,000

 

      Subd. 3. Information and Management Services

 

                                                                 6,361,000         6,361,000

 

Up to $3,000,000 of the amounts billed to state agencies under Minnesota Statutes, section 16A.1286, for the biennium ending June 30, 2005, and not needed to provide statewide system services during that time, must be carried forward from fiscal year 2005 to fiscal year 2006. On July 1, 2005, the commissioner shall transfer that amount to the general fund.

 

      Sec. 14. EMPLOYEE RELATIONS                                                                               5,667,000                     5,556,000

 

      Sec. 15. REVENUE

 

      Subdivision 1. Total Appropriation                                                                           101,644,000                105,442,000

 

                                                 Summary by Fund

 

General                                                97,602,000     101,400,000

 

Health Care Access                             1,654,000         1,654,000

 

Highway User Tax Distribution        2,097,000         2,097,000

 

Environmental                                        291,000             291,000

 

The amounts that may be spent from this appropriation for each program are specified in the following subdivisions.

 

      Subd. 2. Tax System Management             

 

                                                               84,712,000       87,351,000

 

                                                 Summary by Fund

 

General                                                80,670,000       83,309,000


Journal of the House - 66th Day - Monday, May 23, 2005 - Top of Page 4809


                                APPROPRIATIONS

                                                                                                                                                            Available for the Year           

                                                                                                                                                                  Ending June 30

                                                                                                                                                   2006                                      2007

 

Health Care Access                             1,654,000         1,654,000

 

Highway User Tax Distribution        2,097,000         2,097,000

 

Environmental                                        291,000             291,000

 

$6,311,000 the first year and $7,950,000 the second year are for additional activities to identify and collect tax liabilities from individuals and businesses that currently do not pay all taxes owed. This initiative is expected to result in new general fund revenues of $49,400,000 for the biennium ending June 30, 2007.

 

The department must report to the chairs of the house of representatives Ways and Means and senate Finance Committees by March 1, 2006, and January 15, 2007, on the following performance indicators:

 

(1) the number of corporations noncompliant with the corporate tax system each year and the percentage and dollar amounts of valid tax liabilities collected;

 

(2) the number of businesses noncompliant with the sales and use tax system and the percentage and dollar amount of the valid tax liabilities collected; and

 

(3) the number of individual noncompliant cases resolved and the percentage and dollar amounts of valid tax liabilities collected.

 

The reports must also identify base-level expenditures and staff positions related to compliance and audit activities, including baseline information as of January 1, 2004. The information must be provided at the budget activity level.

 

$30,000 the first year and $30,000 the second year are for preparation of the income tax sample.

 

      Subd. 3. Accounts Receivable Management

 

                                                               16,932,000       18,091,000

 

$1,208,000 the first year and $2,367,000 the second year are for additional activities to identify and collect tax liabilities from individuals and businesses that currently do not pay all taxes owed. This initiative is expected to result in new general revenues of $41,300,000 for the biennium ending June 30, 2007.


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                                APPROPRIATIONS

                                                                                                                                                            Available for the Year           

                                                                                                                                                                  Ending June 30

                                                                                                                                                   2006                                      2007

 

The commissioner, in consultation with other state agencies and local units of government, shall develop recommendations for: (1) consolidating and coordinating the collection of debt owed to governmental units; (2) eliminating the fragmentation of contacts from government agencies with debtors owing such debts; (3) reducing the cost of collecting debt owed to governmental units; and (4) the collection of substantially larger portions of the debt owed to all government units.

 

The commissioner shall report the recommendations to the governor and the chairs of the legislative committees with jurisdiction over the department by February 15, 2006.

 

      Sec. 16. MILITARY AFFAIRS

 

      Subdivision 1. Total Appropriation                                                                              17,922,000                  18,439,000

 

                                                 Summary by Fund

 

General                                                17,584,000       17,584,000

 

Special Revenue                                     338,000             855,000

 

The amounts that may be spent from this appropriation for each program are specified in the following subdivisions.

 

      Subd. 2. Maintenance of Training Facilities

 

                                                                 5,590,000         5,590,000

 

      Subd. 3. General Support

 

                                                                 1,787,000         1,787,000

 

$30,000 the first year and $30,000 the second year are for the operation and staffing of the Minnesota National Guard Youth Camp at Camp Ripley. This is a onetime appropriation and must be matched by nonstate sources.

 

      Subd. 4. Enlistment Incentives

 

                                                               10,207,000       10,207,000

 

$3,850,000 each year is to provide the additional amount needed for full funding of the tuition reimbursement program in Minnesota Statutes, section 192.501, subdivision 2.


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                                APPROPRIATIONS

                                                                                                                                                            Available for the Year           

                                                                                                                                                                  Ending June 30

                                                                                                                                                   2006                                      2007

 

$1,500,000 each year is for reenlistment bonuses under Minnesota Statutes, section 192.501, subdivision 1b.

 

$338,000 the first year and $855,000 the second year are from the account established in new Minnesota Statutes, section 190.19, for grants under that section.

 

If appropriations for either year of the biennium are insufficient, the appropriation from the other year is available. The appropriations for enlistment incentives are available until expended.

 

      Sec. 17. VETERANS AFFAIRS                                                                                      4,706,000                     4,970,000

 

                                                 Summary by Fund

 

General                                                  4,369,000         4,115,000

 

Special Revenue                                     337,000             855,000

 

$357,000 the first year and $103,000 the second year are from the general fund, and $337,000 the first year and $855,000 the second year are from the account established in Minnesota Statutes, section 190.19, for: (1) veterans' services provided by Veterans of Foreign Wars, the Military Order of the Purple Heart, Disabled American Veterans, and the Vietnam Veterans of America; (2) grants for veterans' services to the Vinland Center and the Minnesota Assistance Council for Veterans; and (3) an outreach and assistance initiative for underserved veterans. The general fund portion of this appropriation must first be used for the base budget funding for the organizations listed in clause (1).

 

Any balance in the first year does not cancel but is available in the second year.

 

In each fiscal year, the commissioner of finance must distribute the amounts received in the account established in Minnesota Statutes, section 190.19, so that the appropriations from the account are divided equally between this section and section 16, subdivision 4.

 

      Sec. 18. GAMBLING CONTROL                                                                                   2,800,000                     2,800,000

 

These appropriations are from the lawful gambling regulation account in the special revenue fund.

 

      Sec. 19. RACING COMMISSION                                                                                     674,000                        835,000


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                                APPROPRIATIONS

                                                                                                                                                            Available for the Year           

                                                                                                                                                                  Ending June 30

                                                                                                                                                   2006                                      2007

 

(a) These appropriations are from the racing and card playing regulation account in the special revenue fund.

 

(b) $253,000 for the fiscal year ending June 30, 2006, and $414,000 for the fiscal year ending June 30, 2007, are from the racing and card playing regulation account in the special revenue fund. If the commission does not spend all of the revenue from the interim license fee authorized by Laws 2003, First Special Session chapter 1, article 2, section 69, in fiscal year 2005 or fiscal year 2006, the commission must reduce the amount of fees charged to the feepayers in fiscal year 2007 by the amount unspent. The Racing Commission must file monthly expenditure reports with the commissioner of finance for money spent from the appropriation in this paragraph.

 

(c) The racing commission may not hire new employees or enter into new contracts with money subject to paragraph (b) before resolution of the petition for judicial review filed by the Columbus Concerned Citizens Group.

 

      Sec. 20. STATE LOTTERY

 

Notwithstanding Minnesota Statutes, section 349A.10, the operating budget must not exceed $26,700,000 in fiscal year 2006 and $27,350,000 in fiscal year 2007.

 

On July 1, 2005, the director of the State Lottery shall transfer unclaimed prize funds accumulated before July 1, 2003, in the amount of $2,187,000, to the general fund.

 

      Sec. 21. TORT CLAIMS                                                                                                      161,000                        161,000

 

To be spent by the commissioner of finance.

 

If the appropriation for either year is insufficient, the appropriation for the other year is available for it.

 

      Sec. 22. MINNESOTA STATE RETIREMENT SYSTEM                                         1,176,000                     1,205,000

 

The amounts estimated to be needed for each program are as follows:

 

(a) Legislators                                          783,000             802,000

 

Under Minnesota Statutes, sections 3A.03, subdivision 2; 3A.04, subdivisions 3 and 4; and 3A.115.


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                                APPROPRIATIONS

                                                                                                                                                            Available for the Year           

                                                                                                                                                                  Ending June 30

                                                                                                                                                   2006                                      2007

 

(b) Constitutional Officers                    393,000             403,000

 

Under Minnesota Statutes, sections 352C.031, subdivision 5; 352C.04, subdivision 3; and 352C.09, subdivision 2.

 

If an appropriation in this section for either year is insufficient, the appropriation for the other year is available for it.

 

      Sec. 23. MINNEAPOLIS EMPLOYEES RETIREMENT FUND                       8,065,000      8,065,000

 

The amounts estimated to be needed under Minnesota Statutes, section 422A.101, subdivision 3.

 

      Sec. 24. MINNEAPOLIS TEACHERS RETIREMENT FUND                               15,800,000                  15,800,000

 

The amounts estimated to be needed are as follows:

 

(a) Special direct state aid to first class city teachers retirement funds

 

                                                              13,300,000       13,300,000

 

Authorized under Minnesota Statutes, section 354A.12, subdivisions 3a and 3c.

 

(b) Special direct state matching aid to Minneapolis Teachers Retirement Fund

 

                                                                 2,500,000         2,500,000

 

Authorized under Minnesota Statutes, section 354A.12, subdivision 3b.

 

      Sec. 25. ST. PAUL TEACHERS RETIREMENT FUND                                            2,967,000                     2,967,000

 

The amounts estimated to be needed for special direct state aid to first class city teachers retirement funds authorized under Minnesota Statutes, section 354A.12, subdivisions 3a and 3c.

 

      Sec. 26. AMATEUR SPORTS COMMISSION                                                                300,000                        206,000

 

      Sec. 27. COUNCIL ON BLACK MINNESOTANS                                                         278,000                        278,000

 

      Sec. 28. COUNCIL ON CHICANO/LATINO AFFAIRS                                               271,000                        271,000

 

      Sec. 29. COUNCIL ON ASIAN-PACIFIC MINNESOTANS                                        239,000                        240,000


Journal of the House - 66th Day - Monday, May 23, 2005 - Top of Page 4814


                                APPROPRIATIONS

                                                                                                                                                            Available for the Year           

                                                                                                                                                                  Ending June 30

                                                                                                                                                   2006                                      2007

 

      Sec. 30. INDIAN AFFAIRS COUNCIL                                                                            475,000                        475,000

 

      Sec. 31. GENERAL CONTINGENT ACCOUNTS                                                       1,000,000                        500,000

 

                                                 Summary by Fund

 

General                                                     500,000                       -0-

 

State Government Special Revenue   400,000             400,000

 

Workers' Compensation                        100,000             100,000

 

The appropriations in this section may only be spent with the approval of the governor after consultation with the Legislative Advisory Commission pursuant to Minnesota Statutes, section 3.30.

 

If an appropriation in this section for either year is insufficient, the appropriation for the other year is available for it.

 

If a contingent account appropriation is made in one fiscal year, it should be considered a biennial appropriation.

 

      Sec. 32. RACING COMMISSION APPROPRIATION

 

$156,000 in fiscal year 2005 is appropriated to the Minnesota Racing Commission from the special revenue fund. $113,000 of this amount is from the interim license fee authorized by Laws 2003, First Special Session chapter 1, article 2, section 69, to defray the regulatory oversight and legal costs associated with the class A license approved by the commission on January 19, 2005. Any unexpended portion of this appropriation remains available in fiscal year 2006.

 

      [EFFECTIVE DATE.] This section is effective the day following final enactment.

 

      Sec. 33. DEPARTMENT OF PUBLIC SAFETY                                                              246,000                        196,000

 

These appropriations are for the costs of issuing the "Support Our Troops" license plates. These appropriations are from the vehicle services operating account in the special revenue fund.


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ARTICLE 2

 

STATE GOVERNMENT OPERATIONS

 

      Section 1. [5.31] [STATEWIDE VOTER REGISTRATION SYSTEM.]

 

      The secretary of state may sell intellectual property rights associated with the statewide voter registration system to other states or to units of local government in other states. Receipts from the sale must be deposited in the state treasury and credited to the Help America Vote Act account.

 

      Sec. 2. [6.755] [REPORTS TO THE LEGISLATURE.]

 

      Section 3.195 applies to the state auditor. For purposes of determining whether members or employees of the legislature wish to receive reports or publications prepared by the state auditor, the state auditor may send a brief listing of reports to each member. The state auditor must deliver reports or publications to the legislature electronically whenever it is cost effective.

 

      [EFFECTIVE DATE.] This section is effective the day following final enactment.

 

      Sec. 3. [6.79] [STATE MANDATES.]

 

      A county, town, school district, or statutory or home rule charter city may file a written resolution with the state auditor objecting to a state mandate or making recommendations for reforming a state mandate. The state auditor must list on the state auditor's Web site a list of all state mandates cited in a resolution under this section, and the name of the unit of local government citing the mandate.

 

      Sec. 4. [6.80] [RULE AND LAW WAIVER REQUESTS.]

 

      Subdivision 1. [GENERALLY.] (a) Except as provided in paragraph (b), a local government unit may request the state auditor to grant a waiver from one or more administrative rules or a temporary, limited exemption from enforcement of state procedural laws governing delivery of services by the local government unit. Two or more local government units may submit a joint application for a waiver or exemption under this section if they propose to cooperate in providing a service or program that is subject to the rule or law. Before submitting an application to the state auditor, the governing body of the local government unit must approve, in concept, the proposed waiver or exemption at a meeting required to be public under chapter 13D. A local government unit or two or more units acting jointly may apply for a waiver or exemption on behalf of a nonprofit organization providing services to clients whose costs are paid by the unit or units. A waiver or exemption granted to a nonprofit organization under this section applies to services provided to all the organization's clients.

 

      (b) A school district that is granted a variance from rules of the commissioner of education under section 122A.163, need not apply for a waiver of those rules under this section. A school district may not seek a waiver of rules under this section if the commissioner of education has authority to grant a variance to the rules under section 122A.163. This paragraph does not preclude a school district from being included in a cooperative effort with another local government unit under this section.

 

      (c) Before petitioning the state auditor's office for an exemption from an administrative rule, the petitioner must have requested and been denied such an exemption from the appropriate agency pursuant to sections 14.055 and 14.056.


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                Subd. 2. [APPLICATION.] A local government unit requesting a waiver of a rule or exemption from enforcement of a law under this section shall present a written application to the state auditor. The application must include:

 

      (1) the name and address of the entity for whom a waiver of a rule or exemption from enforcement of a law is being requested;

 

      (2) identification of the service or program at issue;

 

      (3) identification of the administrative rule or the law imposing a procedural requirement with respect to which the waiver or exemption is sought;

 

      (4) a description of the improved service outcome sought, including an explanation of the effect of the waiver or exemption in accomplishing that outcome, and why that outcome cannot be accomplished under established rules or laws;

 

      (5) information on the state auditor's office treatment on similar cases;

 

      (6) the name, address, and telephone number of any person, business, or other government unit the petitioner knows would be adversely affected by the grant of the petition; and

 

      (7) a signed statement as to the accuracy of the facts presented.

 

A copy of the application must be provided by the requesting local government unit to the exclusive representative certified under section 179A.12 to represent employees who provide the service or program affected by the requested waiver or exemption.

 

      Subd. 3. [REVIEW PROCESS.] (a) Upon receipt of an application from a local government unit, the state auditor shall review the application. The state auditor shall dismiss an application if the application proposes a waiver of rules or exemption from enforcement of laws that would result in due process violations, violations of federal law or the state or federal constitution, or the loss of services to people who are entitled to them.

 

      (b) The state auditor shall determine whether a law from which an exemption for enforcement is sought is a procedural law, specifying how a local government unit is to achieve an outcome, rather than a substantive law prescribing the outcome or otherwise establishing policy. For the purposes of this section, "procedural law" does not include a statutory notice requirement. In making the determination, the state auditor shall consider whether the law specifies such requirements as:

 

      (1) who must deliver a service;

 

      (2) where the service must be delivered;

 

      (3) to whom and in what form reports regarding the service must be made; and

 

      (4) how long or how often the service must be made available to a given recipient.

 

      (c) If the application requests a waiver of a rule or temporary, limited exemptions from enforcement of a procedural law over which the Metropolitan Council or a metropolitan agency has jurisdiction, the state auditor shall also transmit a copy of the application to the council or applicable metropolitan agency, whichever has jurisdiction, for review and comment. The council or agency shall report its comments to the board within 60 days of the date the application was transmitted to the council or agency. The council or agency may point out any resources or technical assistance it may be able to provide a local government unit submitting a request under this section.


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                (d) Within 15 days after receipt of the application, the state auditor shall transmit a copy of it to the commissioner of each agency having jurisdiction over a rule or law from which a waiver or exemption is sought. The agency may mail a notice that it has received an application for a waiver or exemption to all persons who have registered with the agency under section 14.14, subdivision 1a, identifying the rule or law from which a waiver or exemption is requested. If no agency has jurisdiction over the rule or law, the state auditor shall transmit a copy of the application to the attorney general. The agency shall inform the state auditor of its agreement with or objection to and grounds for objection to the waiver or exemption request within 60 days of the date when the application was transmitted to it. An agency's failure to do so is considered agreement to the waiver or exemption. The state auditor shall decide whether to grant a waiver or exemption at the end of the 60-day response period. Interested persons may submit written comments to the state auditor on the waiver or exemption request up to the end of the 60-day response period.

 

      (e) If the exclusive representative of the affected employees of the requesting local government unit objects to the waiver or exemption request it may inform the state auditor of the objection to and the grounds for the objection to the waiver or exemption request within 60 days of the receipt of the application.

 

      Subd. 4. [HEARING.] If a state agency under subdivision 3, paragraph (d), or the exclusive representative of the affected employees under subdivision 3, paragraph (e), has objected to a waiver or exemption request, the state auditor's office shall set a date for a hearing on the applications. The hearing must be conducted informally at a time and place determined by all parties. Persons representing the local government unit shall present their case for the waiver or exemption, and persons representing the agency or the exclusive representative of the affected employees shall explain their objection to it. The state auditor may request additional information from the local government unit or either objecting party. The state auditor may also request, either before or at the hearing, information or comments from representatives of business, labor, local governments, state agencies, consultants, and members of the public. If necessary, the hearing may be continued for a later date. The state auditor may modify the terms of the waiver or exemption request in arriving at the agreement required under subdivision 5.

 

      Subd. 5. [CONDITIONS OF AGREEMENTS.] (a) In determining whether to grant a petition for a waiver of a rule or exemption from enforcement of a law, the state auditor should consider the following factors:

 

      (1) whether there is a true and unique impediment under current law to accomplishing the goal of the local government unit;

 

      (2) granting the waiver of a rule or exemption from enforcement of law will only change procedural requirements of a local government unit;

 

      (3) the purpose of any rule or law that is waived is still being met in another manner;

 

      (4) granting the proposed waiver of a rule or exemption from enforcement of a law would result in a more efficient means of providing government services; and

 

      (5) granting the proposed waiver will not have a significant negative impact on other state government, local government units, businesses, or citizens.

 

      (b) If the state auditor grants a request for a waiver or exemption, the state auditor and the local government unit shall enter into an agreement providing for the delivery of the service or program that is the subject of the application. The agreement must specify desired outcomes, the reasons why the desired outcomes cannot be met under current laws or rules, and the means of measurement by which the state auditor will determine whether the outcomes specified in the agreement have been met. The agreement must specify the duration of the waiver or exemption. The duration of a waiver from an administrative rule may be for no less than two years and no more than four years, subject to renewal if both parties agree. An exemption from enforcement of a law terminates ten days after adjournment of the regular legislative session held during the calendar year following the year when the exemption is granted, unless the legislature has acted to extend or make permanent the exemption.


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                (c) The state auditor must report any grants of waivers or exemptions to the legislature, including the chairs of the governmental operations and appropriate policy committees in the house and senate, and the governor within 30 days.

 

      (d) The state auditor may reconsider or renegotiate the agreement if the rule or law affected by the waiver or exemption is amended or repealed during the term of the original agreement. A waiver of a rule under this section has the effect of a variance granted by an agency under section 14.055. A local unit of government that is granted an exemption from enforcement of a procedural requirement in state law under this section is exempt from that law for the duration of the exemption. The state auditor may require periodic reports from the local government unit, or conduct investigations of the service or program.

 

      Subd. 6. [ENFORCEMENT.] If the state auditor finds that the local government unit is failing to comply with the terms of the agreement under subdivision 5, the state auditor may rescind the agreement. Upon the rescission, the local unit of government becomes subject to the rules and laws covered by the agreement.

 

      Subd. 7. [ACCESS TO DATA.] If a local government unit, through a cooperative program under this section, gains access to data collected, created, received, or maintained by another local government that is classified as not public, the unit gaining access is governed by the same restrictions on access to and use of the data as the unit that collected, created, received, or maintained the data.

 

      Sec. 5. [8.065] [PRIVATE ATTORNEY CONTRACTS.]

 

      The attorney general may not enter into a contract for legal services in which the fees and expenses paid by the state exceed, or can reasonably be expected to exceed, $1,000,000 unless the attorney general first submits the proposed contract to the Legislative Advisory Commission, and waits at least 20 days to receive a possible recommendation from the commission.

 

      Sec. 6. [10.60] [PUBLIC WEB SITES AND PUBLICATIONS.]

 

      Subdivision 1. [DEFINITIONS.] For purposes of this section:

 

      (1) "political subdivision" means a county, statutory or home rule charter city, town, school district, or other municipal corporation, and the Metropolitan Council and a metropolitan or regional agency;

 

      (2) "publication" means a document printed with public money by an elected or appointed official of a state agency or political subdivision that is intended to be distributed publicly outside of the state agency or political subdivision;

 

      (3) "state agency" means an entity in the executive, judicial, or legislative branch of state government; and

 

      (4) "Web site" means a site maintained on the World Wide Web that is available for unrestricted public access and that is maintained with public money by an elected or appointed official of a state agency or political subdivision.

 

      Subd. 2. [PURPOSE OF WEB SITE AND PUBLICATIONS.] The purpose of a Web site and a publication must be to provide information about the duties and jurisdiction of a state agency or political subdivision or to facilitate access to public services and information related to the responsibilities or functions of the state agency or political subdivision.


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                Subd. 3. [PROHIBITIONS.] (a) A Web site or publication must not include pictures or other materials that tend to attribute the Web site or publication to an individual or group of individuals instead of to a public office, state agency, or political subdivision. A publication must not include the words "with the compliments of" or contain letters of personal greeting that promote an elected or appointed official of a state agency or political subdivision.

 

      (b) A Web site may not contain a link to a Weblog or site maintained by a candidate, a political committee, a political party or party unit, a principal campaign committee, or a state committee. Terms used in this paragraph have the meanings given them in chapter 10A, except that "candidate" also includes a candidate for an elected office of a political subdivision.

 

      Subd. 4. [PERMITTED MATERIAL.] (a) Material specified in this subdivision may be included on a Web site or in a publication, but only if the material complies with subdivision 2. This subdivision is not a comprehensive list of material that may be contained on a Web site or in a publication, if the material complies with subdivision 2.

 

      (b) A Web site or publication may include biographical information about an elected or appointed official, a single official photograph of the official, and photographs of the official performing functions related to the office. There is no limitation on photographs, Webcasts, archives of Webcasts, and audio or video files that facilitate access to information or services or inform the public about the duties and obligations of the office or that are intended to promote trade or tourism. A state Web site or publication may include photographs or information involving civic or charitable work done by the governor's spouse, provided that these activities relate to the functions of the governor's office.

 

      (c) A Web site or publication may include press releases, proposals, policy positions, and other information directly related to the legal functions, duties, and jurisdiction of a public official or organization.

 

      Subd. 5. [OTHER STANDARDS.] This section does not prohibit a state agency or political subdivision from adopting more restrictive standards for the content of a Web site or publication maintained by the agency or political subdivision.

 

      Subd. 6. [ENFORCEMENT.] Violation of this section is not a crime and is not subject to civil penalty.

 

      [EFFECTIVE DATE.] This section is effective for state agencies July 1, 2005. This section is effective for political subdivisions July 1, 2006.

 

      Sec. 7. Minnesota Statutes 2004, section 11A.24, subdivision 6, is amended to read:

 

      Subd. 6. [OTHER INVESTMENTS.] (a) In addition to the investments authorized in subdivisions 1 to 5, and subject to the provisions in paragraph (b), the state board may invest funds in:

 

      (1) venture capital investment businesses through participation in limited partnerships, trusts, private placements, limited liability corporations, limited liability companies, limited liability partnerships, and corporations;

 

      (2) real estate ownership interests or loans secured by mortgages or deeds of trust or shares of real estate investment trusts through investment in limited partnerships, bank sponsored collective funds, trusts, mortgage participation agreements, and insurance company commingled accounts, including separate accounts;

 

      (3) regional and mutual funds through bank sponsored collective funds and open-end investment companies registered under the Federal Investment Company Act of 1940, and closed-end mutual funds listed on an exchange regulated by a governmental agency;


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                (4) resource investments through limited partnerships, trusts, private placements, limited liability corporations, limited liability companies, limited liability partnerships, and corporations; and

 

      (5) international securities.

 

      (b) The investments authorized in paragraph (a) must conform to the following provisions:

 

      (1) the aggregate value of all investments made according to paragraph (a), clauses (1) to (4), may not exceed 35 percent of the market value of the fund for which the state board is investing;

 

      (2) there must be at least four unrelated owners of the investment other than the state board for investments made under paragraph (a), clause (1), (2), (3), or (4);

 

      (3) state board participation in an investment vehicle is limited to 20 percent thereof for investments made under paragraph (a), clause (1), (2), (3), or (4); and

 

      (4) state board participation in a limited partnership does not include a general partnership interest or other interest involving general liability. The state board may not engage in any activity as a limited partner which creates general liability.

 

      (c) All financial, business, or proprietary data collected, created, received, or maintained by the state board in connection with investments authorized by paragraph (a), clause (1), (2), or (4), are nonpublic data under section 13.02, subdivision 9. As used in this paragraph, "financial, business, or proprietary data" means data, as determined by the responsible authority for the state board, that is of a financial, business, or proprietary nature, the release of which could cause competitive harm to the state board, the legal entity in which the state board has invested or has considered an investment, the managing entity of an investment, or a portfolio company in which the legal entity holds an interest. As used in this section, "business data" is data described in section 13.591, subdivision 1. Regardless of whether they could be considered financial, business, or proprietary data, the following data received, prepared, used, or retained by the state board in connection with investments authorized by paragraph (a), clause (1), (2), or (4), are public at all times:

 

      (1) the name and industry group classification of the legal entity in which the state board has invested or in which the state board has considered an investment;

 

      (2) the state board commitment amount, if any;

 

      (3) the funded amount of the state board's commitment to date, if any;

 

      (4) the market value of the investment by the state board;

 

      (5) the state board's internal rate of return for the investment, including expenditures and receipts used in the calculation of the investment's internal rate of return; and

 

      (6) the age of the investment in years.

 

      [EFFECTIVE DATE.] This section is effective the day following final enactment.

 

      Sec. 8. Minnesota Statutes 2004, section 13.635, is amended by adding a subdivision to read:

 

      Subd. 1a. [STATE BOARD OF INVESTMENT.] Certain government data of the State Board of Investment related to investments are classified under section 11A.24, subdivision 6.


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                Sec. 9. [14.127] [LEGISLATIVE APPROVAL REQUIRED.]

 

      Subdivision 1. [COST THRESHOLDS.] An agency must determine if the cost of complying with a proposed rule in the first year after the rule takes effect will exceed $25,000 for: (1) any one business that has less than 50 full-time employees; or (2) any one statutory or home rule charter city that has less than ten full-time employees. For purposes of this section, "business" means a business entity organized for profit or as a nonprofit, and includes an individual, partnership, corporation, joint venture, association, or cooperative.

 

      Subd. 2. [AGENCY DETERMINATION.] An agency must make the determination required by subdivision 1 before the close of the hearing record, or before the agency submits the record to the administrative law judge if there is no hearing. The administrative law judge must review and approve or disapprove the agency determination under this section.

 

      Subd. 3. [LEGISLATIVE APPROVAL REQUIRED.] If the agency determines that the cost exceeds the threshold in subdivision 1, or if the administrative law judge disapproves the agency's determination that the cost does not exceed the threshold in subdivision 1, any business that has less than 50 full-time employees or any statutory or home rule charter city that has less than ten full-time employees may file a written statement with the agency claiming a temporary exemption from the rules. Upon filing of such a statement with the agency, the rules do not apply to that business or that city until the rules are approved by a law enacted after the agency determination or administrative law judge disapproval.

 

      Subd. 4. [EXCEPTIONS.] (a) Subdivision 3 does not apply if the administrative law judge approves an agency's determination that the legislature has appropriated money to sufficiently fund the expected cost of the rule upon the business or city proposed to be regulated by the rule.

 

      (b) Subdivision 3 does not apply if the administrative law judge approves an agency's determination that the rule has been proposed pursuant to a specific federal statutory or regulatory mandate.

 

      (c) This section does not apply if the rule is adopted under section 14.388 or under another law specifying that the rulemaking procedures of this chapter do not apply.

 

      (d) This section does not apply to a rule adopted by the Public Utilities Commission.

 

      (e) Subdivision 3 does not apply if the governor waives application of subdivision 3. The governor may issue a waiver at any time, either before or after the rule would take effect, but for the requirement of legislative approval. As soon as possible after issuing a waiver under this paragraph, the governor must send notice of the waiver to the speaker of the house of representatives and the president of the senate and must publish notice of this determination in the State Register.

 

      Subd. 5. [SEVERABILITY.] If an administrative law judge determines that part of a proposed rule exceeds the threshold specified in subdivision 1, but that a severable portion of a proposed rule does not exceed the threshold in subdivision 1, the administrative law judge may provide that the severable portion of the rule that does not exceed the threshold may take effect without legislative approval.

 

      [EFFECTIVE DATE.] This section is effective July 1, 2005. This section applies to any rule for which the hearing record has not closed before July 1, 2005, or, if there is no public hearing, for which the agency has not submitted the record to the administrative law judge before that date.


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                Sec. 10. Minnesota Statutes 2004, section 14.19, is amended to read:

 

      14.19 [DEADLINE TO COMPLETE RULEMAKING.]

 

      Within 180 days after issuance of the administrative law judge's report or that of the chief administrative law judge, the agency shall submit its notice of adoption, amendment, or repeal to the State Register for publication. If the agency has not submitted its notice to the State Register within 180 days, the rule is automatically withdrawn. The agency may not adopt the withdrawn rules without again following the procedures of sections 14.05 to 14.28, with the exception of section 14.101, if the noncompliance is approved by the chief administrative law judge. The agency shall report to the Legislative Coordinating Commission, other appropriate committees of the legislature, and the governor its failure to adopt rules and the reasons for that failure. The 180-day time limit of this section does not include:

 

      (1) any days used for review by the chief administrative law judge or the commission if the review is required by law; or

 

      (2) days during which the rule cannot be adopted, because of votes by legislative committees under section 14.126; or

 

      (3) days during which the rule cannot be adopted because approval of the legislature is required under section 14.127.

 

      Sec. 11. Minnesota Statutes 2004, section 15.054, is amended to read:

 

      15.054 [PUBLIC EMPLOYEES NOT TO PURCHASE MERCHANDISE FROM GOVERNMENTAL AGENCIES; EXCEPTIONS; PENALTY.]

 

      No officer or employee of the state or any of its political subdivisions shall sell or procure for sale or possess or control for sale to any other officer or employee of the state or subdivision, as appropriate, any property or materials owned by the state or subdivision except pursuant to conditions provided in this section. Property or materials owned by the state or a subdivision and not needed for public purposes, may be sold to an employee of the state or subdivision after reasonable public notice at a public auction or by sealed response, if the employee is not directly involved in the auction or process pertaining to the administration and collection of sealed responses. Requirements for reasonable public notice may be prescribed by other law or ordinance so long as at least one week's published notice is specified. An employee of the state or a political subdivision may purchase no more than one motor vehicle from the state in any 12-month period at any one auction. A person violating the provisions of this section is guilty of a misdemeanor. This section shall not apply to the sale of property or materials acquired or produced by the state or subdivision for sale to the general public in the ordinary course of business. Nothing in this section shall prohibit an employee of the state or a political subdivision from selling or possessing for sale public property if the sale or possession for sale is in the ordinary course of business or normal course of the employee's duties.

 

      Sec. 12. [15.60] [PUBLIC SAFETY OFFICERS; AMERICAN FLAG.]

 

      (a) A public employer may not forbid a peace officer or firefighter from wearing a patch or pin depicting the flag of the United States of America on the employee's uniform, according to customary and standard flag etiquette. However, a public employer may limit the size of a flag patch worn on a uniform to no more than three inches by five inches.

 

      (b) For purposes of this section:

 

      (1) "peace officer" has the meaning given in section 626.84, subdivision 1, paragraph (c) or (f);


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                (2) "firefighter" means a person as defined in section 299A.41, subdivision 4, clause (3) or (4); and

 

      (3) "public employer" has the meaning given in section 179A.03, subdivision 15, and also includes a municipal fire department and an independent nonprofit firefighting corporation.

 

      (c) A peace officer or firefighter who believes a public employer is violating this section may request the attorney general to issue an opinion on the issue. Upon request, the attorney general must issue a written opinion, which is binding, unless a court makes a contrary decision. If after issuing an opinion, the attorney general determines that a public employer continues to violate this section, the attorney general may bring an action in district court to compel compliance.

 

      Sec. 13. Minnesota Statutes 2004, section 16A.103, is amended by adding a subdivision to read:

 

      Subd. 4. [REPORT ON EXPENDITURE INCREASES.] By January 10 of an odd-numbered year, the commissioner of finance must report on those programs or components of programs for which expenditures for the next biennium according to the forecast issued the previous November are projected to increase more than 15 percent over the expenditures for that program in the current biennium. The report must include an analysis of the factors that are causing the increases in expenditures.

 

      Sec. 14. Minnesota Statutes 2004, section 16A.1286, subdivision 3, is amended to read:

 

      Subd. 3. [APPROPRIATION.] Money transferred into the account is appropriated to the commissioner to pay for statewide systems services during the biennium in which it is appropriated.

 

      Sec. 15. Minnesota Statutes 2004, section 16A.151, subdivision 2, is amended to read:

 

      Subd. 2. [EXCEPTIONS.] (a) If a state official litigates or settles a matter on behalf of specific injured persons or entities, this section does not prohibit distribution of money to the specific injured persons or entities on whose behalf the litigation or settlement efforts were initiated. If money recovered on behalf of injured persons or entities cannot reasonably be distributed to those persons or entities because they cannot readily be located or identified or because the cost of distributing the money would outweigh the benefit to the persons or entities, the money must be paid into the general fund.

 

      (b) Money recovered on behalf of a fund in the state treasury other than the general fund may be deposited in that fund.

 

      (c) This section does not prohibit a state official from distributing money to a person or entity other than the state in litigation or potential litigation in which the state is a defendant or potential defendant.

 

      (d) State agencies may accept funds as directed by a federal court for any restitution or monetary penalty under United States Code, title 18, section 3663(a)(3) or United States Code, title 18, section 3663A(a)(3). Funds received must be deposited in a special revenue account and are appropriated to the commissioner of the agency for the purpose as directed by the federal court.

 

      (e) Subdivision 1 does not apply to a recovery or settlement of less than $750,000.


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                Sec. 16. Minnesota Statutes 2004, section 16A.152, subdivision 2, is amended to read:

 

      Subd. 2. [ADDITIONAL REVENUES; PRIORITY.] (a) If on the basis of a forecast of general fund revenues and expenditures, the commissioner of finance determines that there will be a positive unrestricted budgetary general fund balance at the close of the biennium, the commissioner of finance must allocate money to the following accounts and purposes in priority order:

 

      (1) the cash flow account established in subdivision 1 until that account reaches $350,000,000;

 

      (2) the budget reserve account established in subdivision 1a until that account reaches $653,000,000;

 

      (3) the amount necessary to increase the aid payment schedule for school district aids and credits payments in section 127A.45 to not more than 90 percent rounded to the nearest tenth of a percent without exceeding the amount available and with any remaining funds deposited in the budget reserve; and

 

      (4) the amount necessary to restore all or a portion of the net aid reductions under section 127A.441 and to reduce the property tax revenue recognition shift under section 123B.75, subdivision 5, paragraph (c), and Laws 2003, First Special Session chapter 9, article 5, section 34, as amended by Laws 2003, First Special Session chapter 23, section 20, by the same amount.

 

      (b) The amounts necessary to meet the requirements of this section are appropriated from the general fund within two weeks after the forecast is released or, in the case of transfers under paragraph (a), clauses (3) and (4), as necessary to meet the appropriations schedules otherwise established in statute.

 

      (c) To the extent that a positive unrestricted budgetary general fund balance is projected, appropriations under this section must be made before any transfer is made under section 16A.1522 takes effect.

 

      (d) The commissioner of finance shall certify the total dollar amount of the reductions under paragraph (a), clauses (3) and (4), to the commissioner of education. The commissioner of education shall increase the aid payment percentage and reduce the property tax shift percentage by these amounts and apply those reductions to the current fiscal year and thereafter.

 

      Sec. 17. Minnesota Statutes 2004, section 16A.1522, subdivision 1, is amended to read:

 

      Subdivision 1. [FORECAST.] If, on the basis of a forecast of general fund revenues and expenditures in November of an even-numbered year or February of an odd-numbered year, the commissioner projects a positive unrestricted budgetary general fund balance at the close of the biennium that exceeds one-half of one percent of total general fund biennial revenues, the commissioner shall designate the entire balance as available for rebate to the taxpayers of this state. In forecasting, projecting, or designating the unrestricted budgetary general fund balance or general fund biennial revenue under this section, the commissioner shall not include any balance or revenue attributable to settlement payments received after July 1, 1998, and before July 1, 2001, as defined in Section IIB of the settlement document, filed May 18, 1998, in State v. Philip Morris, Inc., No. C1-94-8565 (Minnesota District Court, Second Judicial District).

 

      Sec. 18. Minnesota Statutes 2004, section 16A.281, is amended to read:

 

      16A.281 [APPROPRIATIONS TO LEGISLATURE.]

 

      Except as provided in this section, section 16A.28 applies to appropriations made to the legislature, the senate, the house of representatives, or its committees or commissions. An appropriation made to the legislature, the senate, the house of representatives, or a legislative commission or committee other than a standing committee, if not spent


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during the first year, may be spent during the second year of a biennium. An unexpended balance not carried forward and remaining unexpended and unencumbered at the end of a biennium lapses and shall be returned to the fund from which appropriated. Balances may be carried forward into the next biennium and credited to special accounts to be used only as follows: (1) for nonrecurring expenditures on investments that enhance efficiency or improve effectiveness; (2) to pay expenses associated with special sessions, interim activities, public hearings, or other public outreach efforts and related activities; and (3) to pay severance costs of involuntary terminations. The approval of the commissioner of finance under section 16A.28, subdivision 2, does not apply to the legislature. An appropriation made to the legislature, the senate, the house of representatives, or a standing committee for all or part of a biennium may be spent in either year of the biennium.

 

      Sec. 19. [16B.296] [TRANSFER OF REAL PROPERTY.]

 

      Notwithstanding any law to the contrary, real property purchased in whole or in part with state funds may not be transferred for less than the appraised value, or if the property has not been appraised, for less than the fair market value as determined by the commissioner of administration. This section does not apply to a department listed in section 15.01, the Minnesota State Colleges and Universities, the University of Minnesota, or a political subdivision of the state.

 

      Sec. 20. Minnesota Statutes 2004, section 16B.33, subdivision 4, is amended to read:

 

      Subd. 4. [DESIGNER SELECTION PROCESS.] (a) [PUBLICITY.] Upon receipt of a request from a user agency for a primary designer, the board shall publicize the proposed project in order to determine the identity of designers interested in the design work on the project. The board shall establish criteria for the selection process and make this information public, and shall compile data on and conduct interviews of designers. The board's selection criteria must include consideration of each interested designer's performance on previous projects for the state or any other person. Upon completing the process, the board shall select the primary designer and shall state its reasons in writing. If the board's vote for the selection of a primary designer results in a tie vote, the nonvoting member appointed under subdivision 2, paragraph (b), must vote for the selection of the primary designer. Notification to the commissioner of the selection shall be made not more than 60 days after receipt from a user agency of a request for a primary designer. The commissioner shall promptly notify the designer and the user agency. The commissioner shall negotiate the designer's fee and prepare the contract to be entered into between the designer and the user agency.

 

      (b) [CONFLICT OF INTEREST.] A board member may not participate in the review, discussion, or selection of a designer or firm in which the member has a financial interest.

 

      (c) [SELECTION BY COMMISSIONER.] In the event the board receives a request for a primary designer on a project, the estimated cost of which is less than the limit established by subdivision 3, or a planning project with estimated fees of less than the limit established by subdivision 3, the board may submit the request to the commissioner of administration, with or without recommendations, and the commissioner shall thereupon select the primary designer for the project.

 

      (d) [SECOND SELECTION.] If the designer selected for a project declines the appointment or is unable to reach agreement with the commissioner on the fee or the terms of the contract, the commissioner shall, within 60 days after the first appointment, request the board to make another selection.

 

      (e) [SIXTY DAYS TO SELECT.] If the board fails to make a selection and forward its recommendation to the commissioner within 60 days of the user agency's request for a designer, the commissioner may appoint a designer to the project without the recommendation of the board.


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                (f) [LESS THAN SATISFACTORY PERFORMANCE.] The commissioner, or the University of Minnesota and the Minnesota State Colleges and Universities for projects under their supervision, shall forward to the board a written report describing each instance in which the performance of a designer selected by the board or the commissioner has been less than satisfactory. Criteria for determining satisfaction include the ability of the designer to complete design work on time, to provide a design responsive to program needs within the constraints of the budget, to solve design problems and achieve a design consistent with the proposed function of the building, to avoid costly design errors or omissions, and to observe the construction work. These reports are public data and are available for inspection under section 13.03.

 

      Sec. 21. [16C.064] [COST-BENEFIT ANALYSIS.]

 

      (a) The commissioner or an agency official to whom the commissioner has delegated duties under section 16C.03, subdivision 16, may not approve a contract or purchase of goods or services in an amount greater than $50,000,000 unless a cost-benefit analysis has been completed and shows a positive benefit to the public. The Management Analysis Division must perform or direct the performance of the analysis. Money appropriated for the contract or purchase must be used to pay for the analysis. A cost-benefit analysis must be performed for a project if an aggregation of contracts or purchases for a project exceeds $50,000,000.

 

      (b) All cost-benefit analysis documents under this section, including preliminary drafts and notes, are public data.

 

      (c) If a cost-benefit analysis does not show a positive benefit to the public, the governor may approve a contract or purchase of goods or services if a cost-effectiveness study had been done that shows the proposed project is the most effective way to provide a necessary public good.

 

      (d) This section applies to contracts for goods or services that are expected to have a useful life of more than three years. This section does not apply for purchase of goods or services for response to a natural disaster if an emergency has been declared by the governor. This section does not apply to contracts involving the Minnesota state colleges and universities, state buildings, or state highways.

 

      (e) This section is repealed effective July 1, 2008.

 

      Sec. 22. Minnesota Statutes 2004, section 16C.10, subdivision 7, is amended to read:

 

      Subd. 7. [REVERSE AUCTION.] (a) For the purpose of this subdivision, "reverse auction" means a purchasing process in which vendors compete to provide goods or engineering design or computer services at the lowest selling price in an open and interactive environment.

 

      (b) The provisions of sections 13.591, subdivision 3, and 16C.06, subdivision 2, do not apply when the commissioner determines that a reverse auction is the appropriate purchasing process.

 

      Sec. 23. [16C.143] [ENERGY FORWARD PRICING MECHANISMS.]

 

      Subdivision 1. [DEFINITIONS.] The following definitions apply in this section:

 

      (1) "energy" means natural gas, heating oil, propane, and any other energy source except electricity used in state facilities; and

 

      (2) "forward pricing mechanism" means a contract or financial instrument that obligates a state agency to buy or sell a specified quantity of energy at a future date at a set price.


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                Subd. 2. [AUTHORITY.] Notwithstanding any other law to the contrary, the commissioner may use forward pricing mechanisms for budget risk reduction.

 

      Subd. 3. [CONDITIONS.] Forward pricing mechanism transactions must be made only under the following conditions:

 

      (1) the quantity of energy affected by the forward pricing mechanism must not exceed 90 percent of the estimated energy use for the state agency for the same period, which shall not exceed 24 months; and

 

      (2) a separate account must be established for each state agency using a forward pricing mechanism.

 

      Subd. 4. [WRITTEN POLICIES AND PROCEDURES.] Before exercising the authority under this section, the commissioner must develop written policies and procedures governing the use of forward pricing mechanisms.

 

      [EFFECTIVE DATE.] This section is effective the day following final enactment.

 

      Sec. 24. Minnesota Statutes 2004, section 16C.144, is amended to read:

 

      16C.144 [GUARANTEED ENERGY SAVINGS CONTRACTS PROGRAM.]

 

      Subdivision 1. [DEFINITIONS.] The following definitions apply to this section.

 

      (a) "Utility" means electricity, natural gas, or other energy resource, water, and wastewater.

 

      (b) "Utility cost savings" means the difference between the utility costs under the precontract conditions and the utility costs after the changes have been made under the contract. Such savings shall be calculated in comparison to an established baseline of utility costs installation of the utility cost-savings measures pursuant to the guaranteed energy savings agreement and the baseline utility costs after baseline adjustments have been made.

 

      (c) "Established baseline" means the precontract utilities, operations, and maintenance costs.

 

      (d) "Baseline" means the preagreement utilities, operations, and maintenance costs.

 

      (d) "Utility cost-savings measure" means a measure that produces utility cost savings and/or or operation and maintenance cost savings.

 

      (e) "Operation and maintenance cost savings" means a measurable decrease in difference between operation and maintenance costs after the installation of the utility cost-savings measures pursuant to the guaranteed energy savings agreement and the baseline operation and maintenance costs that is a direct result of the implementation of one or more utility cost-savings measures but does after inflation adjustments have been made. Operation and maintenance costs savings shall not include savings from in-house staff labor. Such savings shall be calculated in comparison to an established baseline of operation and maintenance costs.

 

      (f) "Guaranteed energy savings contract agreement" means a contract an agreement for the evaluation, recommendation, and installation of one or more utility cost-savings measures that includes the qualified provider's guarantee as required under subdivision 2. The contract must provide that all payments are to be made over time but not to exceed ten years from the date of final installation, and the savings are guaranteed to the extent necessary to make payments for the utility cost-savings measures.

 

      (g) "Baseline adjustments" means adjusting the established utility cost savings baselines in paragraphs (b) and (d) annually for changes in the following variables:


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                (1) utility rates;

 

      (2) number of days in the utility billing cycle;

 

      (3) square footage of the facility;

 

      (4) operational schedule of the facility;

 

      (5) facility temperature set points;

 

      (6) weather; and

 

      (7) amount of equipment or lighting utilized in the facility.

 

      (h) "Inflation adjustment" means adjusting the operation and maintenance cost-savings baseline annually for inflation.

 

      (i) "Lease purchase contract agreement" means a contract an agreement obligating the state to make regular lease payments to satisfy the lease costs of the utility cost-savings measures until the final payment, after which time the utility cost-savings measures become the sole property of the state of Minnesota.

 

      (i) (j) "Qualified provider" means a person or business experienced in the design, implementation, and installation of utility cost-savings measures.

 

      (j) (k) "Engineering report" means a report prepared by a professional engineer licensed by the state of Minnesota summarizing estimates of all costs of installations, modifications, or remodeling, including costs of design, engineering, installation, maintenance, repairs, and estimates of the amounts by which utility and operation and maintenance costs will be reduced.

 

      (k) (l) "Capital cost avoidance" means money expended by a state agency to pay for utility cost-savings measures with a guaranteed savings contract agreement so long as the measures that are being implemented to achieve the utility, operation, and maintenance cost savings are a significant portion of an overall project as determined by the commissioner.

 

      (l) (m) "Guaranteed energy savings contracting program guidelines" means policies, procedures, and requirements of guaranteed savings contracts agreements established by the Department of Administration upon enacting this legislation.

 

      Subd. 2. [GUARANTEED ENERGY SAVINGS CONTRACT AGREEMENT.] The commissioner may enter into a guaranteed energy savings contract agreement with a qualified provider if:

 

      (1) the qualified provider is selected through a competitive process in accordance with the guaranteed energy savings contracting program guidelines within the Department of Administration;

 

      (2) the qualified provider agrees to submit an engineering report prior to the execution of the guaranteed energy savings contract agreement. The cost of the engineering report may be considered as part of the implementation costs if the commissioner enters into a guaranteed energy savings agreement with the provider;

 

      (3) the term of the guaranteed energy savings agreement shall not exceed 15 years from the date of final installation;


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                (4) the commissioner finds that the amount it would spend on the utility cost-savings measures recommended in the engineering report will not exceed the amount to be saved in utility operation and maintenance costs over ten 15 years from the date of implementation of utility cost-savings measures;

 

      (4) (5) the qualified provider provides a written guarantee that the annual utility, operation, and maintenance cost savings during the term of the guaranteed energy savings agreement will meet or exceed the costs of the guaranteed savings contract annual payments due under a lease purchase agreement. The qualified provider shall reimburse the state for any shortfall of guaranteed utility, operation, and maintenance cost savings; and

 

      (5) (6) the qualified provider gives a sufficient bond in accordance with section 574.26 to the commissioner for the faithful implementation and installation of the utility cost-savings measures.

 

      Subd. 3. [LEASE PURCHASE CONTRACT AGREEMENT.] The commissioner may enter into a lease purchase agreement with any party for the implementation of utility cost-savings measures in accordance with an engineering report the guaranteed energy savings agreement. The implementation costs of the utility cost-savings measures recommended in the engineering report shall not exceed the amount to be saved in utility and operation and maintenance costs over the term of the lease purchase agreement. The term of the lease purchase agreement shall not exceed ten 15 years from the date of final installation. The lease is assignable in accordance with terms approved by the commissioner of finance.

 

      Subd. 4. [USE OF CAPITAL COST AVOIDANCE.] The affected state agency may contribute funds for capital cost avoidance for guaranteed energy savings contracts agreements. Use of capital cost avoidance is subject to the guaranteed energy savings contracting program guidelines within the Department of Administration.

 

      Subd. 5. [REPORT.] By January 15 of 2005 and, 2007, the commissioner of administration shall submit to the commissioner of finance and the chairs of the senate and house of representatives capital investment committees a list of projects in the agency that have been funded using guaranteed energy savings, as outlined in this section, during the preceding biennium. For each guaranteed energy savings contract agreement entered into, the commissioner of administration shall contract with an independent third party to evaluate the cost-effectiveness of each utility cost-savings measure implemented to ensure that such measures were the least-cost measures available. For the purposes of this section, "independent third party" means an entity not affiliated with the qualified provider, that is not involved in creating or providing conservation project services to that provider, and that has expertise (or access to expertise) in energy savings practices.

 

      Subd. 6. [CONTRACT LIMITS.] Contracts may not be entered into after June 30, 2007.

 

      [EFFECTIVE DATE.] This section is effective the day following final enactment.

 

      Sec. 25. Minnesota Statutes 2004, section 16C.16, subdivision 1, is amended to read:

 

      Subdivision 1. [SMALL BUSINESS PROCUREMENTS.] (a) The commissioner shall for each fiscal year ensure that small businesses receive at least 25 percent of the value of anticipated total state procurement of goods and services, including printing and construction. The commissioner shall divide the procurements so designated into contract award units of economically feasible production runs in order to facilitate offers or bids from small businesses.

 

      (b) The commissioner must solicit and encourage Minnesota small businesses to submit responses or bids when the commissioner is entering into master contracts. If cost-effective, when entering into a master contract, the commissioner must attempt to negotiate contract terms that allow agencies the option of purchasing from small businesses, particularly small businesses that are geographically proximate to the entity making the purchase.


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                (c) In making the annual designation of such procurements the commissioner shall attempt (1) to vary the included procurements so that a variety of goods and services produced by different small businesses are obtained each year, and (2) to designate small business procurements in a manner that will encourage proportional distribution of such awards among the geographical regions of the state. To promote the geographical distribution of awards, the commissioner may designate a portion of the small business procurement for award to bidders from a specified congressional district or other geographical region specified by the commissioner. The failure of the commissioner to designate particular procurements shall not be deemed to prohibit or discourage small businesses from seeking the procurement award through the normal process.

 

      Sec. 26. [16C.231] [SURPLUS PROPERTY.]

 

      Notwithstanding section 15.054 or 16C.23, the commissioner may sell a surplus gun used by a state trooper to the trooper who used the gun in the course of employment. The sale price must be the fair market value of the gun, as determined by the commissioner.

 

      Sec. 27. Minnesota Statutes 2004, section 16C.26, subdivision 3, is amended to read:

 

      Subd. 3. [PUBLICATION OF NOTICE; EXPENDITURES OVER $15,000 $25,000.] If the amount of an expenditure is estimated to exceed $15,000 $25,000, sealed bids must be solicited by public notice inserted at least once in a newspaper or trade journal not less than seven days before the final date of submitting bids in a manner designated by the commissioner. The commissioner shall designate the newspaper or trade journal for that publication and may designate different newspapers or journals according to the nature of the purchase or contract. To the extent practical, this must include posting on a state Web site. For expenditures over $50,000, the commissioner shall also solicit sealed bids by sending providing notices by mail to all prospective bidders known to the commissioner and by posting notice on a public bulletin board in the commissioner's office a state Web site at least five seven days before the final date of submitting bids. All bids over $50,000 must be sealed when they are received and must be opened in public at the hour stated in the notice. All original bids and all documents pertaining to the award of a contract must be retained and made a part of a permanent file or record and remain open to public inspection.

 

      Sec. 28. Minnesota Statutes 2004, section 16C.26, subdivision 4, is amended to read:

 

      Subd. 4. [BUILDING AND CONSTRUCTION CONTRACTS; $15,000 $50,000 OR LESS.] All contracts, the amount of which is estimated to be $15,000 or less, may be made either upon competitive bids or in the open market, in the discretion of the commissioner. So far as practicable, however, they must be based on at least three competitive bids which must be permanently recorded. An informal bid may be used for building, construction, and repair contracts that are estimated at less than $50,000. Informal bids must be authenticated by the bidder in a manner specified by the commissioner.

 

      Sec. 29. Minnesota Statutes 2004, section 16C.28, subdivision 2, is amended to read:

 

      Subd. 2. [ALTERATIONS AND ERASURES.] A bid containing an alteration or erasure of any price contained in the bid which is used in determining the lowest responsible bid must be rejected unless the alteration or erasure is corrected under this subdivision in a manner that is clear and authenticated by an authorized representative of the responder. An alteration or erasure may be crossed out and the correction printed in ink or typewritten adjacent to it and initialed in ink by the person signing the bid by an authorized representative of the responder.

 

      Sec. 30. [168.1298] [SPECIAL "SUPPORT OUR TROOPS" LICENSE PLATES.]

 

      Subdivision 1. [GENERAL REQUIREMENTS AND PROCEDURES.] (a) The commissioner shall issue special "Support Our Troops" license plates to an applicant who:


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                (1) is an owner of a passenger automobile, one-ton pickup truck, recreational vehicle, or motorcycle;

 

      (2) pays a fee of $10 to cover the costs of handling and manufacturing the plates;

 

      (3) pays the registration tax required under section 168.013;

 

      (4) pays the fees required under this chapter;

 

      (5) contributes a minimum of $30 annually to the Minnesota "Support Our Troops" account established in section 190.19; and

 

      (6) complies with laws and rules governing registration and licensing of vehicles and drivers.

 

      (b) The license application under this section must indicate that the annual contribution specified under paragraph (a), clause (5), is a minimum contribution to receive the plates and that the applicant may make an additional contribution to the account.

 

      Subd. 2. [DESIGN.] After consultation with interested groups, the adjutant general and the commissioner of veterans affairs shall design the special plate, subject to the approval of the commissioner.

 

      Subd. 3. [NO REFUND.] Contributions under this section must not be refunded.

 

      Subd. 4. [PLATE TRANSFERS.] Notwithstanding section 168.12, subdivision 1, on payment of a transfer fee of $5, plates issued under this section may be transferred to another passenger automobile, one-ton pickup truck, recreational vehicle, or motorcycle owned by the individual to whom the special plates were issued.

 

      Subd. 5. [CONTRIBUTION AND FEES CREDITED.] Contributions under subdivision 1, paragraph (a), clause (5), must be paid to the commissioner and credited to the Minnesota "Support Our Troops" account established in section 190.19. The fees collected under this section must be deposited in the vehicle services operating account in the special revenue fund.

 

      Subd. 6. [RECORD.] The commissioner shall maintain a record of the number of plates issued under this section.

 

      Sec. 31. [190.19] [MINNESOTA "SUPPORT OUR TROOPS" ACCOUNT.]

 

      Subdivision 1. [ESTABLISHMENT.] The Minnesota "Support Our Troops" account is established in the special revenue fund. The account shall consist of contributions from private sources and appropriations.

 

      Subd. 2. [USES.] (a) Money appropriated from the Minnesota "Support Our Troops" account may be used for:

 

      (1) grants directly to eligible individuals;

 

      (2) grants to one or more eligible foundations for the purpose of making grants to eligible individuals, as provided in this section; or

 

      (3) veterans' services.

 

      (b) The term, "eligible individual" includes any person who is:


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                (1) a member of the Minnesota National Guard or a reserve unit based in Minnesota who has been called to active service as defined in section 190.05, subdivision 5;

 

      (2) a Minnesota resident who is a member of a military reserve unit not based in Minnesota, if the member is called to active service as defined in section 190.05, subdivision 5;

 

      (3) any other Minnesota resident performing active service for any branch of the military of the United States; and

 

      (4) members of the immediate family of an individual identified in clause (1), (2), or (3). For purposes of this clause, "immediate family" means the individual's spouse and minor children and, if they are dependents of the member of the military, the member's parents, grandparents, siblings, stepchildren, and adult children.

 

      (c) The term "eligible foundation" includes any organization that:

 

      (1) is a tax-exempt organization under section 501(c)(3) of the Internal Revenue Code;

 

      (2) has articles of incorporation under chapter 317A specifying the purpose of the organization as including the provision of financial assistance to members of the Minnesota National Guard and other United States armed forces reserves and their families and survivors; and

 

      (3) agrees in writing to distribute any grant money received from the adjutant general under this section to eligible individuals as defined in this section and in accordance with any written policies and rules the adjutant general may impose as conditions of the grant to the foundation.

 

      (d) The maximum grant awarded to an eligible individual in a calendar year with funds from the Minnesota "Support Our Troops" account, either through an eligible institution or directly from the adjutant general, may not exceed $2,000.

 

      Subd. 3. [ANNUAL REPORT.] The adjutant general must report by February 1, 2007, and each year thereafter, to the chairs and ranking minority members of the legislative committees and divisions with jurisdiction over military and veterans' affairs on the number, amounts, and use of grants made by the adjutant general from the Minnesota "Support Our Troops" account in the previous year.

 

      Sec. 32. Minnesota Statutes 2004, section 240A.03, subdivision 5, is amended to read:

 

      Subd. 5. [EXEMPTION OF PROPERTY.] Real or personal property acquired, owned, leased, controlled, used, or occupied by the commission for the purposes of amateur sports facilities is declared to be acquired, owned, leased, controlled, used, and occupied for public, governmental, and municipal purposes, and is exempt from ad valorem taxation by the state or any political subdivision of the state, provided that the properties are subject to special assessments levied by a political subdivision for a local improvement in amounts proportionate to and not exceeding the special benefit received by the properties from the improvement. The exemption from ad valorem taxation under this subdivision does not apply to land that is leased by the commission to any entity, public or private. No possible use of any of the properties in any manner different from their use under sections 240A.01 to 240A.07 at the time may be considered in determining the special benefit received by the properties. Assessments are subject to confirmation by the commission, whose determination of the benefits is subject to court review. Notwithstanding the provisions of section 272.01, subdivision 2, or 273.19, real or personal property leased by the commission to another person for uses related to the purposes of sections 240A.01 to 240A.07 is exempt from taxation regardless of the length of the lease.


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                Sec. 33. Minnesota Statutes 2004, section 240A.03, is amended by adding a subdivision to read:

 

      Subd. 16. [FINANCIAL REPORTS.] By January 15 of each year, the commission must report to the chairs of the legislative committees with jurisdiction over the commission and its finances regarding the revenue received by the commission from leases in the previous fiscal year. The report must detail revenue received from individual lessees and costs incurred by the commission for maintenance and operation of the leased property. The report must also estimate the revenue from leases for the current and following fiscal years.

 

      Sec. 34. [298.215] [IRON RANGE RESOURCES AND REHABILITATION; EARLY SEPARATION INCENTIVE PROGRAM AUTHORIZATION.]

 

      (a) Notwithstanding any law to the contrary, the commissioner of iron range resources and rehabilitation, in consultation with the commissioner of employee relations, may offer a targeted early separation incentive program for employees of the commissioner who have attained the age of 60 years and have at least five years of allowable service credit under chapter 352, or who have received credit for at least 30 years of allowable service under the provisions of chapter 352.

 

      (b) The early separation incentive program may include one or more of the following:

 

      (1) employer-paid postseparation health, medical, and dental insurance until age 65; and

 

      (2) cash incentives that may, but are not required to be, used to purchase additional years of service credit through the Minnesota State Retirement System, to the extent that the purchases are otherwise authorized by law.

 

      (c) The commissioner of iron range resources and rehabilitation shall establish eligibility requirements for employees to receive an incentive.

 

      (d) The commissioner of iron range resources and rehabilitation, consistent with the established program provisions under paragraph (b), and with the eligibility requirements under paragraph (c), may designate specific programs or employees as eligible to be offered the incentive program.

 

      (e) Acceptance of the offered incentive must be voluntary on the part of the employee and must be in writing. The incentive may only be offered at the sole discretion of the commissioner of iron range resources and rehabilitation.

 

      (f) The cost of the incentive is payable solely by funds made available to the commissioner of iron range resources and rehabilitation by law, but only on prior approval of the expenditures by a majority of the Iron Range Resources and Rehabilitation Board.

 

      (g) This section and section 298.216 are repealed June 30, 2006.

 

      [EFFECTIVE DATE.] This section is effective the day following final enactment.

 

      Sec. 35. [298.216] [APPLICATION OF OTHER LAWS.]

 

      Unilateral implementation of section 298.215 by the commissioner of iron range resources and rehabilitation is not an unfair labor practice under chapter 179A.


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                Sec. 36. Minnesota Statutes 2004, section 349A.10, subdivision 3, is amended to read:

 

      Subd. 3. [LOTTERY OPERATIONS.] (a) The director shall establish a lottery operations account in the lottery fund. The director shall pay all costs of operating the lottery, including payroll costs or amounts transferred to the state treasury for payroll costs, but not including lottery prizes, from the lottery operating account. The director shall credit to the lottery operations account amounts sufficient to pay the operating costs of the lottery.

 

      (b) Except as provided in paragraph (e), the director may not credit in any fiscal year thereafter amounts to the lottery operations account which when totaled exceed 15 nine percent of gross revenue to the lottery fund in that fiscal year. In computing total amounts credited to the lottery operations account under this paragraph the director shall disregard amounts transferred to or retained by lottery retailers as sales commissions or other compensation.

 

      (c) The director of the lottery may not expend after July 1, 1991, more than 2-3/4 percent of gross revenues in a fiscal year for contracts for the preparation, publication, and placement of advertising.

 

      (d) Except as the director determines, the lottery is not subject to chapter 16A relating to budgeting, payroll, and the purchase of goods and services.

 

      (e) In addition to the amounts credited to the lottery operations account under paragraph (b), the director is authorized, if necessary, to meet the current obligations of the lottery and to credit up to 25 percent of an amount equal to the average annual amount which was authorized to be credited to the lottery operations account for the previous three fiscal years but was not needed to meet the obligations of the lottery.

 

      Sec. 37. Minnesota Statutes 2004, section 359.01, is amended by adding a subdivision to read:

 

      Subd. 4. [APPLICATION.] The secretary of state shall prepare the application form for a commission. The form may request personal information about the applicant, including, but not limited to, relevant civil litigation, occupational license history, and criminal background, if any. For the purposes of this section, "criminal background" includes, but is not limited to, criminal charges, arrests, indictments, pleas, and convictions.

 

      Sec. 38. [471.661] [OUT-OF-STATE TRAVEL.]

 

      By January 1, 2006, the governing body of each statutory or home rule charter city, county, school district, regional agency, or other political subdivision, except a town, must develop a policy that controls travel outside the state of Minnesota for the applicable elected officials of the relevant unit of government. The policy must be approved by a recorded vote and specify:

 

      (1) when travel outside the state is appropriate;

 

      (2) applicable expense limits; and

 

      (3) procedures for approval of the travel.

 

      The policy must be made available for public inspection upon request and reviewed annually. Subsequent changes to the policy must be approved by a recorded vote.

 

      Sec. 39. [471.701] [SALARY DATA.]

 

      A city or county with a population of more than 15,000 must annually notify its residents of the positions and base salaries of its three highest-paid employees. This notice may be provided on the homepage of the primary Web site maintained by the political subdivision for a period of not less than 90 consecutive days, in a publication of the political subdivision that is distributed to all residents in the political subdivision, or as part of the annual notice of proposed property taxes prepared under section 275.065.


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                Sec. 40. Minnesota Statutes 2004, section 507.093, is amended to read:

 

      507.093 [STANDARDS FOR DOCUMENTS TO BE RECORDED OR FILED.]

 

      (a) The following standards are imposed on documents to be recorded with the county recorder or filed with the registrar of titles:

 

      (1) The document shall consist of one or more individual sheets measuring no larger than 8.5 inches by 14 inches.

 

      (2) The form of the document shall be printed, typewritten, or computer generated in black ink and the form of the document shall not be smaller than 8-point type.

 

      (3) The document shall be on white paper of not less than 20-pound weight with no background color, images, or writing and shall have a clear border of approximately one-half inch on the top, bottom, and each side.

 

      (4) The first page of the document shall contain a blank space at the top measuring three inches, as measured from the top of the page. The right half to be used by the county recorder for recording information or registrar of titles for filing information and the left half to be used by the county auditor or treasurer for certification.

 

      (5) The title of the document shall be prominently displayed at the top of the first page below the blank space referred to in clause (4).

 

      (6) No additional sheet shall be attached or affixed to a page that covers up any information or printed part of the form.

 

      (7) A document presented for recording or filing must be sufficiently legible to reproduce a readable copy using the county recorder's or registrar of title's current method of reproduction.

 

      (b) The standards in this paragraph (a) do not apply to a document that is recorded or filed as part of a pilot project for the electronic filing of real estate documents implemented by the task force created in Laws 2000, chapter 391, and continued by standards established by the Electronic Real Estate Recording Task Force created under section 507.094. A county that participated in the pilot project for the electronic filing of real estate documents under the task force created in Laws 2000, chapter 391, may continue to record or file documents electronically, if:

 

      (1) the county complies with standards adopted by that task force; and

 

      (2) the county uses software that was validated by that task force.

 

      (c) A county that did not participate in the pilot project may record or file a real estate document electronically, if:

 

      (i) the document to be recorded or filed is of a type included in the pilot project for the electronic filing of real estate documents under the task force created in Laws 2000, chapter 391;

 

      (ii) the county complies with the standards adopted by the task force;

 

      (iii) the county uses software that was validated by the task force; and


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                (iv) the task force created under section 507.094 votes to accept a written certification of compliance with paragraph (b), clause (2), of this section by the county board and county recorder of the county to implement electronic filing under this section.

 

      (b) The recording or filing fee for a document that does not conform to the standards in paragraph (a) shall be increased as provided in sections 357.18, subdivision 5; 508.82; and 508A.82.

 

      (c) The recorder or registrar shall refund the recording or filing fee to the applicant if the real estate documents are not filed or registered within 30 days after receipt, or as otherwise provided by section 386.30.

 

      [EFFECTIVE DATE.] This section is effective the day following final enactment.

 

      Sec. 41. [507.094] [ELECTRONIC REAL ESTATE RECORDING TASK FORCE.]

 

      Subdivision 1. [CREATION; MEMBERSHIP.] (a) The Electronic Real Estate Recording Task Force established under this section shall continue the work of the task force established under Laws 2000, chapter 391, to implement and make recommendations for implementation of electronic filing and recording of real estate documents.

 

      (b) The task force consists of 17 members. The secretary of state is a member and the chair of the task force and shall convene the first meeting of the task force. Members who are appointed under this section shall serve for a term of three years beginning July 1, 2005. The task force must include:

 

      (1) four county government officials appointed by the Association of County Officers, including two county recorders, one county auditor, and one county treasurer;

 

      (2) two county board members appointed by the Association of Minnesota Counties, including one board member from within the seven-county metropolitan area and one board member from outside the seven-county metropolitan area;

 

      (3) seven members from the private sector recommended by their industries and appointed by the governor, including representatives of:

 

      (i) real estate attorneys, real estate agents;

 

      (ii) mortgage companies, and other real estate lenders; and

 

      (iii) technical and industry experts in electronic commerce and electronic records management and preservation who are not vendors of real estate related services to counties;

 

      (4) a nonvoting representative selected by the Minnesota Historical Society; and

 

      (5) two representatives of title companies.

 

      (c) The task force may refer items to subcommittees. The chair shall recommend and the task force shall appoint the membership of a subcommittee. An individual may be appointed to serve on a subcommittee without serving on the task force.

 

      Subd. 2. [STUDY AND RECOMMENDATIONS.] (a) The task force shall continue the work of the task force created by Laws 2000, chapter 391, and make recommendations regarding implementation of a system for electronic filing and recording of real estate documents and shall consider:


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                (1) technology and computer needs;

 

      (2) legal issues such as authenticity, security, timing and priority of recordings, and the relationship between electronic and paper recorder systems;

 

      (3) a timetable and plan for implementing electronic recording, considering types of documents and entities using electronic recording;

 

      (4) permissive versus mandatory systems; and

 

      (5) other relevant issues identified by the task force.

 

      The task force shall review the Uniform Electronic Recording Act as drafted by the National Conference of Commissioners on Uniform State Laws and the Property Records Industry Association position statement on the Uniform Real Property Electronic Recording Act and recommend alternative structures for the permanent Commission on Electronic Real Estate Recording Standards.

 

      (b) The task force may commence establishing standards for the electronic recording of the remaining residential real estate deed and mortgage documents and establish pilot projects to complete the testing and functions of the task force established in Laws 2000, chapter 391, after considering national standards from the Mortgage Industry Standards Maintenance Organization, the Property Records Industry Association, or other recognized national groups.

 

      (c) The task force shall submit a report to the legislature by January 15 of each year during its existence reporting on the progress toward the goals provided in this subdivision.

 

      Subd. 3. [DONATIONS; REIMBURSEMENT.] The task force may accept donations of money or resources, including loaned employees or other services. The donations are appropriated to the task force and must be under the sole control of the task force.

 

      Subd. 4. [EXPIRATION.] This section expires June 30, 2008.

 

      [EFFECTIVE DATE.] This section is effective July 1, 2005.

 

      Sec. 42. Minnesota Statutes 2004, section 507.24, subdivision 2, is amended to read:

 

      Subd. 2. [ORIGINAL SIGNATURES REQUIRED.] (a) Unless otherwise provided by law, an instrument affecting real estate that is to be recorded as provided in this section or other applicable law must contain the original signatures of the parties who execute it and of the notary public or other officer taking an acknowledgment. However, a financing statement that is recorded as a filing pursuant to section 336.9-502(b) need not contain: (1) the signatures of the debtor or the secured party; or (2) an acknowledgment.

 

      (b) Any electronic instruments, including signatures and seals, affecting real estate may only be recorded as part of a pilot project for the electronic filing of real estate documents implemented by the task force created in Laws 2000, chapter 391., or by the Electronic Real Estate Recording Task Force created under section 507.094. A county that participated in the pilot project for the electronic filing of real estate documents under the task force created in Laws 2000, chapter 391, may continue to record or file documents electronically, if:

 

      (1) the county complies with standards adopted by the task force; and

 

      (2) the county uses software that was validated by the task force.


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A county that did not participate in the pilot project may record or file a real estate document electronically, if:

 

      (i) the document to be recorded or filed is of a type included in the pilot project for the electronic filing of real estate documents under the task force created in Laws 2000, chapter 391;

 

      (ii) the county complies with the standards adopted by the task force;

 

      (iii) the county uses software that was validated by the task force; and

 

      (iv) the task force created under section 507.094, votes to accept a written certification of compliance with paragraph (b), clause (2), of this section by the county board and county recorder of the county to implement electronic filing under this section.

 

      (c) Notices filed pursuant to section 168A.141, subdivisions 1 and 3, need not contain an acknowledgment.

 

      [EFFECTIVE DATE.] This section is effective the day following final enactment.

 

      Sec. 43. Laws 1998, chapter 404, section 15, subdivision 2, as amended by Laws 2005, chapter 20, article 1, section 40, is amended to read:

 

      Subd. 2. National Sports Center                                                                                                                              4,800,000

 

$1,700,000 is to purchase and develop land adjacent to the National Sports Center in Blaine for use as athletic fields.

 

$3,100,000 is to develop the National Children's Golf Course. The primary purpose of the National Children's Golf Course is to serve youth of 18 years and younger. Market rates must be charged for adult golf.

 

The Minnesota Amateur Sports Commission may lease up to 20 percent of the area of the land purchased with money from the general fund appropriations in this subdivision for a term of up to 30 years to one or more governmental or private entities for any use by the lessee, whether public or private, so long as the use provides some benefit to amateur sports. The commission must submit proposed leases for the land described in this subdivision to the chairs of the legislative committees with jurisdiction over state government policy and finance for review at least 30 days before the leases may be entered into by the commission. Up to $300,000 of lease payments received by the commission are each fiscal year is appropriated to the commission for the purposes specified in Minnesota Statutes, chapter 240A. The land purchased from the general fund appropriations may be used for any amateur sport.

 

      [EFFECTIVE DATE.] This section is effective retroactively on the effective date of Laws 2005, chapter 20, article 1, section 40.


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                Sec. 44. [BUILDING LEASE.]

 

      Notwithstanding any provision of Minnesota Statutes, section 16B.24, or other law or rule to the contrary, the commissioner of administration may, without approval of the State Executive Council, enter into a lease of up to ten years with a private tenant for use of the state-owned building at 168 Aurora Avenue in the city of St. Paul as a child care and after-school activity facility. If leased to a faith-based organization, the program may not promote any particular faith and must operate in a nondiscriminatory manner.

 

      [EFFECTIVE DATE.] This section is effective the day following final enactment.

 

      Sec. 45. [SALE OF STATE LAND.]

 

      Subdivision 1. [STATE LAND SALES.] The commissioner of administration shall coordinate with the head of each department or agency having control of state-owned land to identify and sell at least $6,440,000 of state-owned land. Sales should be completed according to law and as provided in this section as soon as practicable but no later than June 30, 2007. Notwithstanding Minnesota Statutes, sections 16B.281 and 16B.282, 94.09 and 94.10, or any other law to the contrary, the commissioner may offer land for public sale by only providing notice of lands or an offer of sale of lands to state departments or agencies, the University of Minnesota, cities, counties, towns, school districts, or other public entities.

 

      Subd. 2. [ANTICIPATED SAVINGS.] Notwithstanding Minnesota Statutes, section 94.16, subdivision 3, or other law to the contrary, the amount of the proceeds from the sale of land under this section that exceeds the actual expenses of selling the land must be deposited in the general fund, except as otherwise provided by the commissioner of finance. Notwithstanding Minnesota Statutes, section 94.11 or 16B.283, the commissioner of finance may establish the timing of payments for land purchased under this section. If the total of all money deposited into the general fund from the proceeds of the sale of land under this section is anticipated to be less than $6,440,000, the governor must allocate the amount of the difference as reductions to general fund operating expenditures for other executive agencies for the biennium ending June 30, 2007.

 

      Subd. 3. [SALE OF STATE LANDS REVOLVING LOAN FUND.] $290,000 is appropriated from the general fund in fiscal year 2006 to the commissioner of administration for purposes of paying the actual expenses of selling state-owned lands to achieve the anticipated savings required in this section. From the gross proceeds of land sales under this section, the commissioner of administration must cancel the amount of the appropriation in this subdivision to the general fund by June 30, 2007.

 

      Sec. 46. [FORD BUILDING.]

 

      The Ford Building at 117 University Avenue in St. Paul may not be demolished during the biennium ending June 30, 2007. By January 15, 2006, the commissioner of administration, in consultation with interested legislators, private sector real estate professionals, historic preservation specialists, and representatives of the city of St. Paul, neighboring property, and St. Paul neighborhood associations, must report to the legislature with recommendations regarding potential means of preserving and using the Ford Building. The report must include:

 

      (1) availability of potential lessees for the building;

 

      (2) constraints on leasing the building, including the requirement to pay off any state general obligation bonds previously used in maintaining or rehabilitating the building; and

 

      (3) the cost of restoring and rehabilitating the building, and the feasibility of various means of paying these costs, including potential use of revenue bonds.

 

      [EFFECTIVE DATE.] This section is effective the day following final enactment.


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                Sec. 47. [STATE HEALTH CARE PURCHASING AUTHORITY.]

 

      Subdivision 1. [PURCHASING AUTHORITY CREATED.] By December 15, 2005, the commissioner of employee relations, in consultation with the commissioners of health, human services, labor and industry, corrections, commerce, and administration and the Minnesota Comprehensive Health Association board of directors, may enter into interagency agreements regarding the formation of the Minnesota Health Care Purchasing Authority for the purpose of implementing a unified strategy and joint purchasing of health care services for the state of Minnesota. The strategy shall include implementing a process that examines the health care purchasing decisions and coverage in terms of cost and medical efficacy based on reliable research evidence to ensure access to appropriate and necessary health care. By December 15, 2005, the commissioners shall submit to the legislature a report and draft legislation for the creation of the purchasing authority responsible for all state purchasing of health care.

 

      Subd. 2. [PRINCIPLES OF STATE PURCHASING.] The purchasing authority shall prepare and submit to the governor and legislature an annual report and plan for the unified purchasing of health care services. The plan must:

 

      (1) promote personal choice and responsibility;

 

      (2) encourage and promote better health of patients and residents of the state;

 

      (3) provide incentives to privately based health plans and health care delivery systems to improve efficiency and quality;

 

      (4) use community standards and measurement methods for determining the value of specific health care services based on quality and performance; and

 

      (5) separate the health care purchasing functions of state government from those activities relating to regulation and delivery of services, but require consistent use of uniform quality and performance standards and methods for purchasing, regulation, and delivery of health care services.

 

      Subd. 3. [PURCHASING AND COVERAGE GUIDELINES.] The purchasing authority shall convene a panel of health care policy experts and health care providers to establish a process to select evidence-based guidelines based on sound research evidence and implement an integrated approach using these guidelines for purchasing decisions and coverage design.

 

      Subd. 4. [PUBLIC AND PRIVATE PURCHASERS.] (a) The purchasing authority shall prepare and submit to the governor and legislature by December 15, 2005, a plan for permitting public employers, including school districts, cities, counties, and other governmental entities, to purchase a secure benefit set with the state purchasing authority. The secure benefit set must include the services described under subdivision 6.

 

      (b) Notwithstanding any laws to the contrary, the commissioner of employee relations may expand the range of health coverage options available to purchase under the public employees insurance program established under Minnesota Statutes, section 43A.316, including the option to purchase the secure benefit set as defined under subdivision 6. Under this option, public employers may purchase health coverage for their employees through the public employees insurance program beginning July 1, 2006.

 

      (c) The purchasing authority shall include in the plan described in paragraph (a) recommendations for:

 

      (1) a process for permitting nursing homes and other long-term care providers to purchase the secure benefit set with the assistance of the state health care purchasing authority as part of a separate risk pool; and


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                (2) a process for permitting individuals to purchase the secure benefit set as part of a separate risk pool through the state health care purchasing authority beginning January 1, 2009.

 

      Subd. 5. [COORDINATION AND COMMON STANDARDS FOR STATE PURCHASING AND REGULATION.] The purchasing authority, in consultation with all state agencies, boards, and commissioners that have responsibility for purchasing or for regulating individuals and organizations that provide health coverage or deliver health care services, shall prepare and submit to the governor and legislature by December 15, 2005, a report and draft legislation that will:

 

      (1) require all state purchasing and regulatory requirements to use common standards and measurement methods for quality and performance; and

 

      (2) provide for the coordination of health care purchasing strategies and activities administered by the state, including, but not limited to, the state employees group insurance plan, the public employees insurance program, purchasing activities for public and private employers and individuals established under subdivision 4, and health care programs administered by the commissioner of human services or the commissioner of health.

 

      Subd. 6. [SECURE BENEFIT SET DEVELOPMENT.] The purchasing authority, in consultation with a panel of health care policy experts, shall define a secure benefit set that includes coverage for preventive health services, as specified in preventive services guidelines for children and adults developed by the Institute for Clinical Systems Improvement, prescription drug coverage, and catastrophic coverage. Nothing in this section authorizes the purchasing authority to change the benefits covered by the medical assistance, MinnesotaCare, or general assistance medical care programs to the extent these benefits are specified in state or federal law.

 

      Subd. 7. [SPECIAL POPULATIONS.] In developing a plan for the unified purchasing of health care services and a secure benefit set, the purchasing authority must take into account the needs of special populations, including, but not limited to, persons who are elderly or disabled and persons with chronic conditions.

 

      Subd. 8. [COST AND QUALITY DISCLOSURE.] The purchasing authority, in cooperation with organizations representing consumers, employers, physicians and other health professionals, hospitals, long-term care facilities, health plan companies, quality improvement organizations, research and education institutions, and other appropriate constituencies, shall identify and contract with a private, nonprofit organization to serve as a statewide source of comparative information on health care costs and quality.

 

      Sec. 48. [TRAINING SERVICES.]

 

      During the biennium ending June 30, 2007, state executive branch agencies must consider using services provided by Government Training Services before contracting with other outside vendors for similar services.

 

      Sec. 49. [STUDY OF WATER AND SEWER BILLING.]

 

      The director of the Legislative Coordinating Commission must provide administrative support to a working group to study issues relating to collection of delinquent water and sewer bills from owners, lessees, and occupants of rental property. The group consists of the following members:

 

      (1) two representatives of cities;

 

      (2) two representatives of residential rental property owners;

 

      (3) one representative of tenants;


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                (4) one legislator from the majority caucus of the house of representatives appointed by the speaker, and one legislator from the minority caucus of the house appointed by the minority leader;

 

      (5) one representative of the majority and minority caucuses of the senate, appointed by the senate subcommittee on committees; and

 

      (6) one public member appointed by the speaker of the house of representatives and one public member appointed by the majority leader of the senate.

 

      Members specified in clauses (1) to (3) must be appointed jointly by the speaker of the house of representatives and the majority leader of the senate.

 

      The working group must report findings and recommendations to the legislature by January 15, 2006. This section expires on the day following the date the working group submits its report.

 

      Sec. 50. [PORTRAITS.]

 

      The Capitol Area Architectural and Planning Board, in consultation with the Minnesota Historical Society, must request the Smithsonian Institution to extend the period during which the portraits of Julia Finch Gilbert and Cass Gilbert are displayed in the Capitol building. In negotiating an extension of the loan period, the board must request that the portraits remain on display in the Capitol when they are not being publicly displayed elsewhere, but must recognize that it is desirable for the portraits to be displayed in other buildings designed by Cass Gilbert, in conjunction with centennial celebrations for those buildings.

 

      Sec. 51. [COYA KNUTSON MEMORIAL.]

 

      The commissioner of administration shall establish a memorial in the Capitol building honoring Coya Knutson. The commissioner, with the assistance and approval of the Capitol Area Architectural and Planning Board, shall select an appropriate site. The commissioner may accept donations from nonstate sources for the memorial, and this money is appropriated to the commissioner for purposes of the memorial.

 

      Sec. 52. [REPEALER.]

 

      (a) Minnesota Statutes 2004, sections 3.9222; 16A.151, subdivision 5; 16A.30; and 16B.52, are repealed.

 

      (b) Minnesota Statutes 2004, section 471.68, subdivision 3, is repealed effective July 1, 2006.

 

ARTICLE 3

 

PUBLIC EMPLOYMENT

 

      Section 1. Minnesota Statutes 2004, section 43A.23, subdivision 1, is amended to read:

 

      Subdivision 1. [GENERAL.] The commissioner is authorized to request bids from carriers or to negotiate with carriers and to enter into contracts with carriers parties which in the judgment of the commissioner are best qualified to underwrite and provide service to the benefit plans. Contracts entered into with carriers are not subject to the requirements of sections 16C.16 to 16C.19. The commissioner may negotiate premium rates and coverage provisions with all carriers licensed under chapters 62A, 62C, and 62D. The commissioner may also negotiate reasonable restrictions to be applied to all carriers under chapters 62A, 62C, and 62D. Contracts to underwrite the benefit plans must be bid or negotiated separately from contracts to service the benefit plans, which may be awarded only on the basis of competitive bids. The commissioner shall consider the cost of the plans, conversion options


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relating to the contracts, service capabilities, character, financial position, and reputation of the carriers, and any other factors which the commissioner deems appropriate. Each benefit contract must be for a uniform term of at least one year, but may be made automatically renewable from term to term in the absence of notice of termination by either party. The commissioner shall, to the extent feasible, make hospital and medical benefits available from at least one carrier licensed to do business pursuant to each of chapters 62A, 62C, and 62D. The commissioner need not provide health maintenance organization services to an employee who resides in an area which is not served by a licensed health maintenance organization. The commissioner may refuse to allow a health maintenance organization to continue as a carrier. The commissioner may elect not to offer all three types of carriers if there are no bids or no acceptable bids by that type of carrier or if the offering of additional carriers would result in substantial additional administrative costs. A carrier licensed under chapter 62A is exempt from the taxes imposed by chapter 297I on premiums paid to it by the state.

 

      All self-insured hospital and medical service products must comply with coverage mandates, data reporting, and consumer protection requirements applicable to the licensed carrier administering the product, had the product been insured, including chapters 62J, 62M, and 62Q. Any self-insured products that limit coverage to a network of providers or provide different levels of coverage between network and nonnetwork providers shall comply with section 62D.123 and geographic access standards for health maintenance organizations adopted by the commissioner of health in rule under chapter 62D.

 

      Sec. 2. [43A.346] [POSTRETIREMENT OPTION.]

 

      Subdivision 1. [DEFINITION.] For purposes of this section, "state employee" means a person currently occupying a civil service position in the executive branch of state government, the Minnesota State Retirement System, or the Office of the Legislative Auditor, or a person employed by the Metropolitan Council.

 

      Subd. 2. [ELIGIBILITY.] This section applies to a state or Metropolitan Council employee who:

 

      (1) for at least the five years immediately preceding separation under clause (2), has been regularly scheduled to work 1,044 or more hours per year in a position covered by a pension plan administered by the Minnesota State Retirement System or the Public Employees Retirement Association;

 

      (2) terminates state or Metropolitan Council employment;

 

      (3) at the time of termination under clause (2), meets the age and service requirements necessary to receive an unreduced retirement annuity from the plan and satisfies requirements for the commencement of the retirement annuity or, for an employee under the unclassified employees retirement plan, meets the age and service requirements necessary to receive an unreduced retirement annuity from the plan and satisfies requirements for the commencement of the retirement annuity or elects a lump-sum payment; and

 

      (4) agrees to accept a postretirement option position with the same or a different appointing authority, working a reduced schedule that is both (i) a reduction of at least 25 percent from the employee's number of regularly scheduled work hours; and (ii) 1,044 hours or less in state or Metropolitan Council service.

 

      Subd. 3. [UNCLASSIFIED SERVICE.] Notwithstanding any law to the contrary, state postretirement option positions shall be in the unclassified service but shall not be covered by the Minnesota State Retirement System unclassified employees plan.

 

      Subd. 4. [ANNUITY REDUCTION NOT APPLICABLE.] Notwithstanding any law to the contrary, when an eligible state employee in a postretirement option position under this section commences receipt of the annuity, the provisions of section 352.115, subdivision 10, or 353.37 governing annuities of reemployed annuitants, shall not apply for the duration of employment in the position.


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                Subd. 5. [APPOINTING AUTHORITY DISCRETION.] The appointing authority has sole discretion to determine if and the extent to which a postretirement option position under this section is available to a state employee. Any offer of such a position must be made in writing to the employee by the appointing authority on a form prescribed by the Department of Employee Relations and the Minnesota State Retirement System or the Public Employees Retirement Association. The appointing authority may not require a person to waive any rights under a collective bargaining agreement or unrepresented employee compensation plan as a condition of participation.

 

      Subd. 6. [DURATION.] Postretirement option employment shall be for an initial period not to exceed one year. During that period, the appointing authority may not modify the conditions specified in the written offer without the employee's agreement, except as required by law or by the collective bargaining agreement or compensation plan applicable to the employee. At the end of the initial period, the appointing authority has sole discretion to determine if the offer of a postretirement option position will be renewed, renewed with modifications, or terminated. Postretirement option employment may be renewed for periods of up to one year, not to exceed a total duration of five years. No person shall be employed in one or a combination of postretirement option positions under this section for a total of more than five years.

 

      Subd. 7. [COPY TO FUND.] The appointing authority shall provide the Minnesota State Retirement System or the Public Employees Retirement Association with a copy of the offer, the employee's acceptance of the terms, and any subsequent renewal agreement.

 

      Subd. 8. [NO SERVICE CREDIT.] Notwithstanding any law to the contrary, a person may not earn service credit in the Minnesota State Retirement System or the Public Employees Retirement Association for employment covered under this section, and employer contributions and payroll deductions for the retirement fund must not be made based on earnings of a person working under this section. No change shall be made to a monthly annuity or retirement allowance based on employment under this section.

 

      Subd. 9. [INSURANCE CONTRIBUTION.] Notwithstanding any law to the contrary, the appointing authority must make an employer insurance contribution for a person who is employed in a postretirement option position under this section and who is not receiving any other state-paid or Metropolitan Council-paid employer insurance contribution. The amount of the contribution must be equal to the percent time worked in the postretirement option position (hours scheduled to be worked annually divided by 2,088) times 1.5 times the full employer contribution for employee-only health and dental coverage. The appointing authority must contribute that amount to a health reimbursement arrangement.

 

      Subd. 10. [SUBSEQUENT EMPLOYMENT.] If a person has been in a postretirement option position and accepts any other position in state or Metropolitan Council-paid service, in the subsequent state or Metropolitan Council-paid employment the person may not earn service credit in the Minnesota State Retirement System or Public Employees Retirement Association, no employer contributions or payroll deductions for the retirement fund shall be made, and the provisions of section 352.115, subdivision 10, or section 353.37, shall apply.

 

      Sec. 3. [VOLUNTARY HOUR REDUCTION PLAN.]

 

      (a) This section applies to a state employee who:

 

      (1) on the effective date of this section is regularly scheduled to work 1,044 or more hours a year in a position covered by a pension plan administered by the Minnesota state retirement system; and

 

      (2) enters into an agreement with the appointing authority to work a reduced schedule of 1,044 hours or less in the covered position.


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                (b) Notwithstanding any law to the contrary, for service under an agreement entered into under paragraph (a), contributions may be made to the applicable plan of the Minnesota state retirement system as if the employee had not reduced hours. The employee must pay the additional employee contributions and the employer must pay the additional employer contributions necessary to bring the service credit and salary up to the level prior to the voluntary reduction in hours. Contributions must be made in a time and manner prescribed by the executive director of the Minnesota state retirement system.

 

      (c) The amount of hours worked, the work schedule, and the duration of the voluntary hour reduction must be mutually agreed to by the employee and the appointing authority. The appointing authority may not require a person to waive any rights under a collective bargaining agreement as a condition of participation under this section. The appointing authority has sole discretion to determine if and the extent to which voluntary hour reduction under this section is available to an employee.

 

      (d) A person who works under this section is a member of the appropriate bargaining unit; is covered by the appropriate collective bargaining contract or compensation plan; and is eligible for health care coverage as provided in the collective bargaining contract or compensation plan.

 

      (e) An agreement under this section may apply only to work through June 30, 2007.

 

      Sec. 4. [VOLUNTARY UNPAID LEAVE OF ABSENCE.]

 

      (a) Appointing authorities in state government may allow each employee to take unpaid leaves of absence for up to 1,040 hours between July 1, 2005, and June 30, 2007. Each appointing authority approving such a leave shall allow the employee to continue accruing vacation and sick leave, be eligible for paid holidays and insurance benefits, accrue seniority, and, if payments are made under paragraph (b), accrue service credit and credited salary in the state retirement plans as if the employee had actually been employed during the time of leave. An employee covered by the unclassified plan may voluntarily make the employee contributions to the unclassified plan during the leave of absence. If the employee makes these contributions, the appointing authority must make the employer contribution. If the leave of absence is for one full pay period or longer, any holiday pay shall be included in the first payroll warrant after return from the leave of absence. The appointing authority shall attempt to grant requests for the unpaid leaves of absence consistent with the need to continue efficient operation of the agency. However, each appointing authority shall retain discretion to grant or refuse to grant requests for leaves of absence and to schedule and cancel leaves, subject to the applicable provisions of collective bargaining agreements and compensation plans.

 

      (b) To receive eligible service credit and credited salary in a defined benefit plan, the member shall pay an amount equal to the applicable employee contribution rates. If an employee pays the employee contribution for the period of the leave under this section, the appointing authority must pay the employer contribution. The appointing authority may, at its discretion, pay the employee contributions. Contributions must be made in a time and manner prescribed by the executive director of the applicable pension plan.

 

      [EFFECTIVE DATE.] This section is effective the day following final enactment.

 

      Sec. 5. [LABOR AGREEMENTS AND COMPENSATION PLANS.]

 

      Subdivision 1. [AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES.] The arbitration award and labor agreement between the state of Minnesota and the American Federation of State, County, and Municipal Employees, unit 8, approved by the Legislative Coordinating Commission Subcommittee on Employee Relations on June 14, 2004, is ratified.


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                Subd. 2. [MINNESOTA LAW ENFORCEMENT ASSOCIATION; ARBITRATION AWARD.] The arbitration award between the state of Minnesota and the Minnesota Law Enforcement Association, approved by the Legislative Coordinating Commission Subcommittee on Employee Relations on June 14, 2004, is ratified.

 

      Subd. 3. [HIGHER EDUCATION SERVICES OFFICE; COMPENSATION PLAN.] The compensation plan for unrepresented employees of the Higher Education Services Office, approved by the Legislative Coordinating Commission Subcommittee on Employee Relations on June 14, 2004, is ratified.

 

      Subd. 4. [MINNESOTA LAW ENFORCEMENT ASSOCIATION; BARGAINING AGREEMENT.] The collective bargaining agreement between the state of Minnesota and the Minnesota Law Enforcement Association, submitted to the Legislative Coordinating Commission Subcommittee on Employee Relations on September 29, 2004, and implemented after 30 days on October 30, 2004, is ratified.

 

      Subd. 5. [INTER FACULTY ORGANIZATION.] The collective bargaining agreement between the state of Minnesota and the Inter Faculty Organization, submitted to the Legislative Coordinating Commission Subcommittee on Employee Relations on September 29, 2004, and implemented after 30 days on October 29, 2004, is ratified.

 

      Subd. 6. [MINNESOTA NURSES ASSOCIATION.] The arbitration award and the collective bargaining agreement between the state of Minnesota and the Minnesota Nurses Association, approved by the Legislative Coordinating Commission Subcommittee on Employee Relations on December 20, 2004, is ratified.

 

      Subd. 7. [TEACHERS RETIREMENT ASSOCIATION.] The proposal to increase the salary of the executive director of the Teachers Retirement Association, as modified and approved by the Legislative Coordinating Commission Subcommittee on Employee Relations on December 20, 2004, is ratified.

 

      Subd. 8. [MINNESOTA STATE RETIREMENT SYSTEM.] The proposal to increase the salary of the executive director of the Minnesota State Retirement System, as modified and approved by the Legislative Coordinating Commission Subcommittee on Employee Relations on December 20, 2004, is ratified.

 

      Subd. 9. [PUBLIC EMPLOYEES RETIREMENT ASSOCIATION.] The proposal to increase the salary of the executive director of the Public Employees Retirement Association, as modified and approved by the Legislative Coordinating Commission Subcommittee on Employee Relations on December 20, 2004, is ratified.

 

      [EFFECTIVE DATE.] This section is effective the day following final enactment.

 

ARTICLE 4

 

MILITARY AND VETERANS

 

      Section 1. Minnesota Statutes 2004, section 190.16, is amended by adding a subdivision to read:

 

      Subd. 6a. [RENTAL OF CAMP RIPLEY FACILITIES.] The adjutant general or the adjutant general's designee may rent buildings or other facilities at Camp Ripley to persons under terms and conditions specified by the adjutant general or designee. Subject to any prohibitions or restrictions in any agreement between the United States and the state of Minnesota, proceeds of rentals under this subdivision must be applied as follows:

 

      (1) payment of increased utilities, maintenance, or other costs directly attributable to the rental;

 

      (2) other operating and maintenance or repair costs for the building or facility being rented; and

 

      (3) maintenance and improvement of buildings or other facilities at Camp Ripley.


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Rentals under this subdivision must be made under terms and conditions that do not conflict with the use of Camp Ripley for military purposes.

 

      Sec. 2. Minnesota Statutes 2004, section 192.19, is amended to read:

 

      192.19 [RETIRED MEMBERS MAY BE ORDERED TO ACTIVE DUTY.]

 

      The commander-in-chief or the adjutant general may assign officers, warrant officers, and enlisted personnel on the retired list, with their consent, to temporary active service in recruiting, upon courts-martial, courts of inquiry and boards, to staff duty not involving service with troops, or in charge of a military reservation left temporarily without officers. Such personnel while so assigned shall receive the full pay and allowances of their grades at time of retirement, except that the commander-in-chief or the adjutant general may authorize pay and allowances in a higher grade when it is considered appropriate based on special skills or experience of the person being assigned to temporary active service.

 

      Sec. 3. Minnesota Statutes 2004, section 192.261, subdivision 2, is amended to read:

 

      Subd. 2. [REINSTATEMENT.] Except as otherwise hereinafter provided, upon the completion of such service such officer or employee shall be reinstated in the public position, which was held at the time of entry into such service, or a public position of like seniority, status, and pay if such is available at the same salary which the officer or employee would have received if the leave had not been taken, upon the following conditions: (1) that the position has not been abolished or that the term thereof, if limited, has not expired; (2) that the officer or employee is not physically or mentally disabled from performing the duties of such position; (3) that the officer or employee makes written application for reinstatement to the appointing authority within 90 days after termination of such service, or 90 days after discharge from hospitalization or medical treatment which immediately follows the termination of, and results from, such service; provided such application shall be made within one year and 90 days after termination of such service notwithstanding such hospitalization or medical treatment; (4) that the officer or employee submits an honorable discharge or other form of release by proper authority indicating that the officer's or employee's military or naval service was satisfactory. Upon such reinstatement the officer or employee shall have the same rights with respect to accrued and future seniority status, efficiency rating, vacation, sick leave, and other benefits as if that officer or employee had been actually employed during the time of such leave. The officer or employee reinstated under this section is entitled to vacation and sick leave with pay as provided in any applicable civil service rules, collective bargaining agreement, or compensation plan, and accumulates vacation and sick leave from the time the person enters active military service until the date of reinstatement without regard to any otherwise applicable limits on civil service rules limiting the number of days which may be accumulated. No officer or employee so reinstated shall be removed or discharged within one year thereafter except for cause, after notice and hearing; but this shall not operate to extend a term of service limited by law.

 

      [EFFECTIVE DATE.] This section is effective the day following final enactment and applies to any public officer or public employee serving in active military service on or after September 11, 2001.

 

      Sec. 4. Minnesota Statutes 2004, section 192.501, subdivision 2, is amended to read:

 

      Subd. 2. [TUITION AND TEXTBOOK REIMBURSEMENT GRANT PROGRAM.] (a) The adjutant general shall establish a program to provide tuition and textbook reimbursement grants to eligible members of the Minnesota National Guard within the limitations of this subdivision.

 

      (b) Eligibility is limited to a member of the National Guard who:

 

      (1) is serving satisfactorily as defined by the adjutant general;


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                (2) is attending a postsecondary educational institution, as defined by section 136A.15, subdivision 6, including a vocational or technical school operated or regulated by this state or another state or province; and

 

      (3) provides proof of satisfactory completion of coursework, as defined by the adjutant general.

 

      In addition, (c) Notwithstanding paragraph (b), clause (1), for a person who:

 

      (1) has satisfactorily completed the person's service contract in the Minnesota National Guard or the portion of it involving selective reserve status, for which any part of that service was spent serving honorably in federal active service or federally funded state active service since September 11, 2001, the person's eligibility is extended for a period of two years, plus an amount of time equal to the duration of that person's active service, subject to the credit hours limit in paragraph (g); or

 

      (2) has served honorably in the Minnesota National Guard and has been separated or discharged from that organization due to a service-connected injury, disease, or disability, the eligibility period is extended for eight years beyond the date of separation, subject to the credit hours limit in paragraph (g).

 

      (d) If a member of the Minnesota National Guard is killed in the line of state active service or federally funded state active service, as defined in section 190.05, subdivisions 5a and 5b, the member's surviving spouse, and any surviving dependent who has not yet reached 24 years of age, is eligible for a tuition and textbook reimbursement grant, with each eligible person independently subject to the credit hours limit in paragraph (g).

 

      (e) The adjutant general may, within the limitations of this paragraph paragraphs (b) to (d) and other applicable laws, determine additional eligibility criteria for the grant, and must specify the criteria in department regulations and publish changes as necessary.

 

      (c) (f) The amount of a tuition and textbook reimbursement grant must be specified on a schedule as determined and published in department regulations by the adjutant general, but is limited to a maximum of an amount equal to the greater of:

 

      (1) up to 100 percent of the cost of tuition for lower division programs in the College of Liberal Arts at the Twin Cities campus of the University of Minnesota in the most recent academic year; or

 

      (2) up to 100 percent of the cost of tuition for the program in which the person is enrolled at that Minnesota public institution, or if that public institution is outside the state of Minnesota, for the cost of a comparable program at the University of Minnesota, except that in the case of a survivor as defined in paragraph (b) (d), the amount of the tuition and textbook reimbursement grant for coursework satisfactorily completed by the person is limited to 100 percent of the cost of tuition for postsecondary courses at a Minnesota public educational institution.

 

      Paragraph (g) Paragraphs (b) to (e) notwithstanding, a person is no longer eligible for a grant under this subdivision once the person has received grants under this subdivision for the equivalent of 208 quarter credits or 144 semester credits of coursework.

 

      (d) (h) Tuition and textbook reimbursement grants received under this subdivision may not be considered by the Minnesota Higher Education Services Office or by any other state board, commission, or entity in determining a person's eligibility for a scholarship or grant-in-aid under sections 136A.095 to 136A.1311.

 

      (e) (i) If a member fails to complete a term of enlistment during which a tuition and textbook reimbursement grant was paid, the adjutant general may seek to recoup a prorated amount as determined by the adjutant general. However, this authority does not apply to a person whose separation from the Minnesota National Guard is due to a medical condition or financial hardship.


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                (j) For purposes of this section, the terms "active service," "state active service," "federally funded state active service," and "federal active service" have the meanings given in section 190.05, subdivisions 5 to 5c, respectively, except that for purposes of paragraph (c), clause (1), these terms exclude service performed exclusively for purposes of:

 

      (1) basic combat training, advanced individual training, annual training, and periodic inactive duty training;

 

      (2) special training periodically made available to reserve members;

 

      (3) service performed in accordance with section 190.08, subdivision 3; and

 

      (4) service performed as part of the active guard/reserve program pursuant to United States Code, title 32, section 502(f), or other applicable authority.

 

      [EFFECTIVE DATE.] This section is effective the day following final enactment and applies to persons who have served in the Minnesota National Guard at anytime since September 11, 2001, and if the person has died in the line of service, to the person's surviving spouse and dependents.

 

      Sec. 5. Minnesota Statutes 2004, section 193.29, subdivision 3, is amended to read:

 

      Subd. 3. [JOINT BOARDS.] In all cases in which more than one company or other unit of the military forces shall occupy the same armory, the armory board shall consist of officers military personnel assigned to the units or organizations quartered therein. The adjutant general shall designate by order from time to time the representatives of each unit quartered therein to comprise the armory board for each armory. In the discretion of the adjutant general, the membership of the board may be comprised of officers, warrant officers, and enlisted personnel and may be changed from time to time so as to give the several organizations quartered therein proper representation on the board.

 

      Sec. 6. Minnesota Statutes 2004, section 193.30, is amended to read:

 

      193.30 [COMMANDING OFFICERS MANAGEMENT OF ARMORY BOARD.]

 

      The senior officer member on each armory board shall be the chair, and the junior officer member thereof shall be the recorder. A record of the proceedings of the board shall be kept, and all motions offered, whether seconded or not, shall be put to a vote and the result recorded. In the case of a tie vote the adjutant general, upon the request of any member, shall decide. The governor may make and alter rules for the government of armory boards, officers, and other persons having charge of armories, arsenals, or other military property of the state.

 

      Sec. 7. Minnesota Statutes 2004, section 193.31, is amended to read:

 

      193.31 [SENIOR OFFICER TO CONTROL OF DRILL HALL.]

 

      The senior officer member of any company or other organization assembling at an armory for drill or instruction shall have control of the drill hall or other portion of the premises used therefor during such occupancy, subject to the rules prescribed for its use and the orders of that officer's member's superior. Any person who intrudes contrary to orders, or who interrupts, molests, or insults any troops so assembled, or who refuses to leave the premises when properly requested so to do, shall be guilty of a misdemeanor. Nothing in this section shall prevent reasonable inspection of the premises by the proper municipal officer, or by the lessor thereof in accordance with the terms of the lease.


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                Sec. 8. Minnesota Statutes 2004, section 197.608, subdivision 5, is amended to read:

 

      Subd. 5. [QUALIFYING USES.] The commissioner shall consult with the Minnesota Association of County Veterans Service Officers in developing a list of qualifying uses for grants awarded under this program. The commissioner is authorized to use any unexpended funding for this program to provide training and education for county veterans service officers.

 

      [EFFECTIVE DATE.] This section is effective the day following final enactment.

 

      Sec. 9. Minnesota Statutes 2004, section 471.975, is amended to read:

 

      471.975 [MAY PAY DIFFERENTIAL OF RESERVE ON ACTIVE DUTY.]

 

      (a) Except as provided in paragraph (b), a statutory or home rule charter city, county, town, or other political subdivision may pay to each eligible member of the National Guard or other reserve component of the armed forces of the United States an amount equal to the difference between the member's basic active duty military salary and the salary the member would be paid as an active political subdivision employee, including any adjustments the member would have received if not on leave of absence. This payment may be made only to a person whose basic active duty military salary is less than the salary the person would be paid as an active political subdivision employee. Back pay authorized by this section may be paid in a lump sum. Payment under this section must not extend beyond four years from the date the employee reported for active service, plus any additional time the employee may be legally required to serve.

 

      (b) Subject to the limits under paragraph (g), each school district shall pay to each eligible member of the National Guard or other reserve component of the armed forces of the United States an amount equal to the difference between the member's basic active duty military salary and the salary the member would be paid as an active school district employee, including any adjustments the member would have received if not on leave of absence. The pay differential must be based on a comparison between the member's daily rate of active duty pay, calculated by dividing the member's military monthly salary by the number of paid days in the month, and the member's daily rate of pay for the member's school district salary, calculated by dividing the member's total school district salary by the number of contract days. The member's salary as a school district employee must include the member's basic salary and any additional salary the member earns from the school district for cocurricular activities. The differential payment under this paragraph must be the difference between the daily rates of military pay times the number of school district contract days the member misses because of military active duty. This payment may be made only to a person whose basic active duty military salary is less than the salary the person would be paid as an active school district employee. Payments may be made at the intervals at which the member received pay as a school district employee. Payment under this section must not extend beyond four years from the date the employee reported for active service, plus any additional time the employee may be legally required to serve.

 

      (c) An eligible member of the reserve components of the armed forces of the United States is a reservist or National Guard member who was an employee of a political subdivision at the time the member reported for active service on or after May 29, 2003, or who is on active service on May 29, 2003.

 

      (d) Notwithstanding other obligations under law and Except as provided in paragraph (e) and elsewhere in Minnesota Statutes, a statutory or home rule charter city, county, town, or other political subdivision has total discretion regarding employee benefit continuation for a member who reports for active service and the terms and conditions of any benefit.

 

      (e) A school district must continue the employee's enrollment in health and dental coverage, and the employer contribution toward that coverage, until the employee is covered by health and dental coverage provided by the armed forces. If the employee had elected dependent coverage for health or dental coverage as of the time that the


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employee reported for active service, a school district must offer the employee the option to continue the dependent coverage at the employee's own expense. A school district must permit the employee to continue participating in any pretax account in which the employee participated when the employee reported for active service, to the extent of employee pay available for that purpose.

 

      (f) For purposes of this section, "active service" has the meaning given in section 190.05, subdivision 5, but excludes service performed exclusively for purposes of:

 

      (1) basic combat training, advanced individual training, annual training, and periodic inactive duty training;

 

      (2) special training periodically made available to reserve members; and

 

      (3) service performed in accordance with section 190.08, subdivision 3.

 

      (g) A school district making payments under paragraph (b) shall place a sum equal to any difference between the amount of salary that would have been paid to the employee who is receiving the payments and the amount of salary being paid to substitutes for that employee into a special fund that must be used to pay or partially pay the deployed employee's payments under paragraph (b). A school district is required to pay only this amount to the deployed school district employee.

 

      [EFFECTIVE DATE.] This section is effective the day following final enactment and applies to any public officer or public employee serving in active military service on or after September 11, 2001.

 

      Sec. 10. Laws 2000, chapter 461, article 4, section 4, as amended by Laws 2003, First Special Session chapter 12, article 6, section 3, and Laws 2004, chapter 267, article 17, section 7, is amended to read:

 

      Sec. 4. [EFFECTIVE DATE; SUNSET REPEALER.]

 

      (a) Sections 1, 2, and 3 are effective on the day following final enactment.

 

      (b) Sections 1, 2, and 3, are repealed on May 16, 2006 2007.

 

      Sec. 11. [PLAQUE HONORING VETERANS OF THE PERSIAN GULF WAR.]

 

      A memorial plaque may be placed in the court of honor on the capitol grounds to recognize the valiant service to our nation by the thousands of brave men and women who served honorably as members of the United States Armed Forces during the Persian Gulf War. The plaque must be furnished by a person or organization other than the Department of Veterans Affairs and must be approved by the commissioner of veterans affairs and the Capitol Area Architectural and Planning Board.

 

      [EFFECTIVE DATE.] This section is effective the day following final enactment.

 

      Sec. 12. [REPEALER.]

 

      Minnesota Statutes 2004, sections 43A.11, subdivision 2; and 197.455, subdivision 3, are repealed.

 

ARTICLE 5

 

OFFICE OF ENTERPRISE TECHNOLOGY

 

      Section 1. Minnesota Statutes 2004, section 10A.01, subdivision 35, is amended to read:


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                Subd. 35. [PUBLIC OFFICIAL.] "Public official" means any:

 

      (1) member of the legislature;

 

      (2) individual employed by the legislature as secretary of the senate, legislative auditor, chief clerk of the house, revisor of statutes, or researcher, legislative analyst, or attorney in the Office of Senate Counsel and Research or House Research;

 

      (3) constitutional officer in the executive branch and the officer's chief administrative deputy;

 

      (4) solicitor general or deputy, assistant, or special assistant attorney general;

 

      (5) commissioner, deputy commissioner, or assistant commissioner of any state department or agency as listed in section 15.01 or 15.06, or the state chief information officer;

 

      (6) member, chief administrative officer, or deputy chief administrative officer of a state board or commission that has either the power to adopt, amend, or repeal rules under chapter 14, or the power to adjudicate contested cases or appeals under chapter 14;

 

      (7) individual employed in the executive branch who is authorized to adopt, amend, or repeal rules under chapter 14 or adjudicate contested cases under chapter 14;

 

      (8) executive director of the State Board of Investment;

 

      (9) deputy of any official listed in clauses (7) and (8);

 

      (10) judge of the Workers' Compensation Court of Appeals;

 

      (11) administrative law judge or compensation judge in the State Office of Administrative Hearings or referee in the Department of Employment and Economic Development;

 

      (12) member, regional administrator, division director, general counsel, or operations manager of the metropolitan council;

 

      (13) member or chief administrator of a metropolitan agency;

 

      (14) director of the Division of Alcohol and Gambling Enforcement in the Department of Public Safety;

 

      (15) member or executive director of the Higher Education Facilities Authority;

 

      (16) member of the board of directors or president of Minnesota Technology, Inc.; or

 

      (17) member of the board of directors or executive director of the Minnesota State High School League.

 

      Sec. 2. Minnesota Statutes 2004, section 15.06, is amended by adding a subdivision to read:

 

      Subd. 1a. [APPLICATION TO OFFICE OF ENTERPRISE TECHNOLOGY.] For the purposes of this section, references to "commissioner" include the chief information officer of the Office of Enterprise Technology.


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                Sec. 3. Minnesota Statutes 2004, section 16B.04, subdivision 2, is amended to read:

 

      Subd. 2. [POWERS AND DUTIES, GENERAL.] Subject to other provisions of this chapter, the commissioner is authorized to:

 

      (1) supervise, control, review, and approve all state contracts and purchasing;

 

      (2) provide agencies with supplies and equipment and operate all central store or supply rooms serving more than one agency;

 

      (3) approve all computer plans and contracts, and oversee the state's data processing system;

 

      (4) investigate and study the management and organization of agencies, and reorganize them when necessary to ensure their effective and efficient operation;

 

      (5) (4) manage and control state property, real and personal;

 

      (6) (5) maintain and operate all state buildings, as described in section 16B.24, subdivision 1;

 

      (7) (6) supervise, control, review, and approve all capital improvements to state buildings and the capitol building and grounds;

 

      (8) (7) provide central duplicating, printing, and mail facilities;

 

      (9) (8) oversee publication of official documents and provide for their sale;

 

      (10) (9) manage and operate parking facilities for state employees and a central motor pool for travel on state business;

 

      (11) (10) establish and administer a State Building Code; and

 

      (12) (11) provide rental space within the capitol complex for a private day care center for children of state employees. The commissioner shall contract for services as provided in this chapter. The commissioner shall report back to the legislature by October 1, 1984, with the recommendation to implement the private day care operation.

 

      Sec. 4. Minnesota Statutes 2004, section 16B.48, subdivision 4, is amended to read:

 

      Subd. 4. [REIMBURSEMENTS.] Except as specifically provided otherwise by law, each agency shall reimburse intertechnologies and the general services revolving funds for the cost of all services, supplies, materials, labor, and depreciation of equipment, including reasonable overhead costs, which the commissioner is authorized and directed to furnish an agency. The cost of all publications or other materials produced by the commissioner and financed from the general services revolving fund must include reasonable overhead costs. The commissioner of administration shall report the rates to be charged for each the general services revolving fund funds no later than July 1 each year to the chair of the committee or division in the senate and house of representatives with primary jurisdiction over the budget of the Department of Administration. The commissioner of finance shall make appropriate transfers to the revolving funds described in this section when requested by the commissioner of administration. The commissioner of administration may make allotments, encumbrances, and, with the approval of the commissioner of finance, disbursements in anticipation of such transfers. In addition, the commissioner of administration, with the approval of the commissioner of finance, may require an agency to make advance payments to the revolving funds in this section sufficient to cover the agency's estimated obligation for a period of at least 60 days. All reimbursements and other money received by the commissioner of administration under this section must


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be deposited in the appropriate revolving fund. Any earnings remaining in the fund established to account for the documents service prescribed by section 16B.51 at the end of each fiscal year not otherwise needed for present or future operations, as determined by the commissioners of administration and finance, must be transferred to the general fund.

 

      Sec. 5. Minnesota Statutes 2004, section 16B.48, subdivision 5, is amended to read:

 

      Subd. 5. [LIQUIDATION.] If the intertechnologies or general services revolving fund is funds are abolished or liquidated, the total net profit from the operation of each fund must be distributed to the various funds from which purchases were made. The amount to be distributed to each fund must bear to the net profit the same ratio as the total purchases from each fund bears to the total purchases from all the funds during the same period of time.

 

      Sec. 6. Minnesota Statutes 2004, section 16E.01, subdivision 1, is amended to read:

 

      Subdivision 1. [PURPOSE CREATION; CHIEF INFORMATION OFFICER.] The Office of Enterprise Technology, referred to in this chapter as the "office," is under the supervision of the commissioner of administration an agency in the executive branch headed by the state chief information officer. The appointment of the chief information officer is subject to the advice and consent of the senate under section 15.066.

 

      Subd. 1a. [RESPONSIBILITIES.] The office shall provide oversight, leadership, and direction for information and communications telecommunications technology policy and the management, delivery, and security of information and telecommunications technology systems and services in Minnesota. The office shall coordinate manage strategic investments in information and communications telecommunications technology systems and services to encourage the development of a technically literate society and, to ensure sufficient access to and efficient delivery of government services, and to maximize benefits for the state government as an enterprise.

 

      Sec. 7. Minnesota Statutes 2004, section 16E.01, subdivision 3, is amended to read:

 

      Subd. 3. [DUTIES.] (a) The office shall:

 

      (1) coordinate manage the efficient and effective use of available federal, state, local, and private public-private resources to develop statewide information and communications telecommunications technology systems and services and its infrastructure;

 

      (2) review approve state agency and intergovernmental information and communications telecommunications technology systems and services development efforts involving state or intergovernmental funding, including federal funding, provide information to the legislature regarding projects reviewed, and recommend projects for inclusion in the governor's budget under section 16A.11;

 

      (3) encourage ensure cooperation and collaboration among state and local governments in developing intergovernmental communication and information and telecommunications technology systems and services, and define the structure and responsibilities of the Information Policy Council a representative governance structure;

 

      (4) cooperate and collaborate with the legislative and judicial branches in the development of information and communications systems in those branches;

 

      (5) continue the development of North Star, the state's official comprehensive on-line service and information initiative;

 

      (6) promote and collaborate with the state's agencies in the state's transition to an effectively competitive telecommunications market;


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                (7) collaborate with entities carrying out education and lifelong learning initiatives to assist Minnesotans in developing technical literacy and obtaining access to ongoing learning resources;

 

      (8) promote and coordinate public information access and network initiatives, consistent with chapter 13, to connect Minnesota's citizens and communities to each other, to their governments, and to the world;

 

      (9) promote and coordinate electronic commerce initiatives to ensure that Minnesota businesses and citizens can successfully compete in the global economy;

 

      (10) manage and promote and coordinate the regular and periodic reinvestment in the core information and communications telecommunications technology systems and services infrastructure so that state and local government agencies can effectively and efficiently serve their customers;

 

      (11) facilitate the cooperative development of and ensure compliance with standards and policies for information and telecommunications technology systems and services, electronic data practices and privacy, and electronic commerce among international, national, state, and local public and private organizations; and

 

      (12) work with others to avoid eliminate unnecessary duplication of existing information and telecommunications technology systems and services provided by other public and private organizations while building on the existing governmental, educational, business, health care, and economic development infrastructures;

 

      (13) identify, sponsor, develop, and execute shared information and telecommunications technology projects and ongoing operations; and

 

      (14) ensure overall security of the state's information and technology systems and services.

 

      (b) The commissioner of administration chief information officer in consultation with the commissioner of finance may must determine that when it is cost-effective for agencies to develop and use shared information and communications telecommunications technology systems and services for the delivery of electronic government services. This determination may be made if an agency proposes a new system that duplicates an existing system, a system in development, or a system being proposed by another agency. The commissioner of administration chief information officer may require agencies to use shared information and telecommunications technology systems and services. The chief information officer shall establish reimbursement rates in cooperation with the commissioner of finance to be billed to agencies and other governmental entities sufficient to cover the actual development, operating, maintenance, and administrative costs of the shared systems. The methodology for billing may include the use of interagency agreements, or other means as allowed by law.

 

      Sec. 8. Minnesota Statutes 2004, section 16E.02, is amended to read:

 

      16E.02 [OFFICE OF ENTERPRISE TECHNOLOGY; STRUCTURE AND PERSONNEL.]

 

      Subdivision 1. [OFFICE MANAGEMENT AND STRUCTURE.] (a) The commissioner of administration chief information officer is appointed by the governor. The chief information officer serves in the unclassified service at the pleasure of the governor. The chief information officer must have experience leading enterprise-level information technology organizations. The chief information officer is the state's chief information officer and information and telecommunications technology advisor to the governor.

 

      (b) The chief information officer may appoint other employees of the office. The staff of the office must include individuals knowledgeable in information and communications telecommunications technology systems and services and individuals with specialized training in information security.


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                Subd. 1a. [ACCOUNTABILITY.] The chief information officer reports to the governor. The chief information officer must consult regularly with the commissioners of administration, finance, human services, revenue, and other commissioners as designated by the governor, on technology projects, standards, and services as well as management of resources and staff utilization.

 

      Subd. 2. [INTERGOVERNMENTAL PARTICIPATION.] The commissioner of administration chief information officer or the commissioner's chief information officer's designee shall serve as a member of the Minnesota Education Telecommunications Council, the Geographic Information Systems Council, and the Library Planning Task Force, or their respective successor organizations, and as a nonvoting member of Minnesota Technology, Inc. and the Minnesota Health Data Institute as a nonvoting member.

 

      Subd. 3. [ADMINISTRATIVE SUPPORT.] The commissioner of administration must provide office space and administrative support services to the office. The office must reimburse the commissioner for these services.

 

      Sec. 9. Minnesota Statutes 2004, section 16E.03, subdivision 1, is amended to read:

 

      Subdivision 1. [DEFINITIONS.] For the purposes of sections 16E.03 to 16E.05 chapter 16E, the following terms have the meanings given them.

 

      (a) "Information and telecommunications technology systems and services" means all computing and telecommunications hardware and software, the activities undertaken to secure that hardware and software, and the activities undertaken to acquire, transport, process, analyze, store, and disseminate information electronically. "Information and telecommunications technology systems and services" includes all proposed expenditures for computing and telecommunications hardware and software, security for that hardware and software, and related consulting or other professional services.

 

      (a) (b) "Information and communications telecommunications technology project" means the development or acquisition of information and communications technology devices and systems, but does not include the state information infrastructure or its contractors.

 

      (b) "Data processing device or system" means equipment or computer programs, including computer hardware, firmware, software, and communication protocols, used in connection with the processing of information through electronic data processing means, and includes data communication devices used in connection with computer facilities for the transmission of data. an effort to acquire or produce information and telecommunications technology systems and services.

 

      (c) "Telecommunications" means voice, video, and data electronic transmissions transported by wire, wireless, fiber-optic, radio, or other available transport technology.

 

      (d) "Cyber security" means the protection of data and systems in networks connected to the Internet.

 

      (c) (e) "State agency" means an agency in the executive branch of state government and includes the Minnesota Higher Education Services Office, but does not include the Minnesota State Colleges and Universities unless specifically provided elsewhere in this chapter.

 

      Sec. 10. Minnesota Statutes 2004, section 16E.03, subdivision 2, is amended to read:

 

      Subd. 2. [COMMISSIONER'S CHIEF INFORMATION OFFICER RESPONSIBILITY.] The commissioner chief information officer shall coordinate the state's information and communications telecommunications technology systems and services to serve the needs of the state government. The commissioner chief information officer shall:


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                (1) coordinate the design of a master plan for information and communications telecommunications technology systems and services in the state and its political subdivisions and shall report on the plan to the governor and legislature at the beginning of each regular session;

 

      (2) coordinate, review, and approve all information and communications telecommunications technology plans and contracts projects and oversee the state's information and communications telecommunications technology systems and services;

 

      (3) establish and enforce compliance with standards for information and communications telecommunications technology systems and services that encourage competition are cost-effective and support open systems environments and that are compatible with state, national, and international standards; and

 

      (4) maintain a library of systems and programs developed by the state and its political subdivisions for use by agencies of government;

 

      (5) direct and manage the shared operations of the state's information and telecommunications technology systems and services; and

 

      (6) establish and enforce standards and ensure acquisition of hardware and software necessary to protect data and systems in state agency networks connected to the Internet.

 

      Sec. 11. Minnesota Statutes 2004, section 16E.03, subdivision 3, is amended to read:

 

      Subd. 3. [EVALUATION AND APPROVAL.] A state agency may not undertake an information and communications telecommunications technology project until it has been evaluated according to the procedures developed under subdivision 4. The governor or governor's designee chief information officer shall give written approval of the proposed project. If the proposed project is not approved When notified by the chief information officer that a project has not been approved, the commissioner of finance shall cancel the unencumbered balance of any appropriation allotted for the project. This subdivision does not apply to acquisitions or development of information and communications systems that have anticipated total cost of less than $100,000. The Minnesota State Colleges and Universities shall submit for approval any project related to acquisitions or development of information and communications systems that has a total anticipated cost of more than $250,000.

 

      Sec. 12. Minnesota Statutes 2004, section 16E.03, subdivision 7, is amended to read:

 

      Subd. 7. [DATA CYBER SECURITY SYSTEMS.] In consultation with the attorney general and appropriate agency heads, the commissioner chief information officer shall develop data cyber security policies, guidelines, and standards, and the commissioner of administration shall install and administer state data security systems on the state's centralized computer facility facilities consistent with these policies, guidelines, standards, and state law to ensure the integrity of computer-based and other data and to ensure applicable limitations on access to data, consistent with the public's right to know as defined in chapter 13. The chief information officer is responsible for overall security of state agency networks connected to the Internet. Each department or agency head is responsible for the security of the department's or agency's data within the guidelines of established enterprise policy.

 

      Sec. 13. Minnesota Statutes 2004, section 16E.04, is amended to read:

 

      16E.04 [INFORMATION AND COMMUNICATIONS TELECOMMUNICATIONS TECHNOLOGY POLICY.]

 

      Subdivision 1. [DEVELOPMENT.] The office shall coordinate with state agencies in developing and establishing develop, establish, and enforce policies and standards for state agencies to follow in developing and purchasing information and communications telecommunications technology systems and services and training


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appropriate persons in their use. The office shall develop, promote, and coordinate manage state technology, architecture, standards and guidelines, information needs analysis techniques, contracts for the purchase of equipment and services, and training of state agency personnel on these issues.

 

      Subd. 2. [RESPONSIBILITIES.] (a) In addition to other activities prescribed by law, the office shall carry out the duties set out in this subdivision.

 

      (b) The office shall develop and establish a state information architecture to ensure that further state agency development and purchase of information and communications systems, equipment, and services is designed to ensure that individual agency information systems complement and do not needlessly duplicate or conflict with the systems of other agencies. When state agencies have need for the same or similar public data, the commissioner chief information officer, in coordination with the affected agencies, shall promote manage the most efficient and cost-effective method of producing and storing data for or sharing data between those agencies. The development of this information architecture must include the establishment of standards and guidelines to be followed by state agencies. The office shall ensure compliance with the architecture.

 

      (c) The office shall assist state agencies in the planning and management of information systems so that an individual information system reflects and supports the state agency's mission and the state's requirements and functions. The office shall review and approve agency technology plans to ensure consistency with enterprise information and telecommunications technology strategy.

 

      (d) The office shall review and approve agency requests for legislative appropriations funding for the development or purchase of information systems equipment or software before the requests may be included in the governor's budget.

 

      (e) The office shall review major purchases of information systems equipment to:

 

      (1) ensure that the equipment follows the standards and guidelines of the state information architecture;

 

      (2) ensure that the equipment is consistent with the information management principles adopted by the Information Policy Council;

 

      (3) evaluate whether the agency's proposed purchase reflects a cost-effective policy regarding volume purchasing; and

 

      (4) (3) ensure that the equipment is consistent with other systems in other state agencies so that data can be shared among agencies, unless the office determines that the agency purchasing the equipment has special needs justifying the inconsistency.

 

      (f) The office shall review the operation of information systems by state agencies and provide advice and assistance to ensure that these systems are operated efficiently and securely and continually meet the standards and guidelines established by the office. The standards and guidelines must emphasize uniformity that is cost-effective for the enterprise, that encourages information interchange, open systems environments, and portability of information whenever practicable and consistent with an agency's authority and chapter 13.

 

      (g) The office shall conduct a comprehensive review at least every three years of the information systems investments that have been made by state agencies and higher education institutions. The review must include recommendations on any information systems applications that could be provided in a more cost-beneficial manner by an outside source. The office must report the results of its review to the legislature and the governor.


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                Subd. 3. [RISK ASSESSMENT AND MITIGATION.] (a) A risk assessment and risk mitigation plan are required for an all information systems development project estimated to cost more than $1,000,000 that is projects undertaken by a state agency in the executive or judicial branch or by a constitutional officer. The commissioner of administration chief information officer must contract with an entity outside of state government to conduct the initial assessment and prepare the mitigation plan for a project estimated to cost more than $5,000,000. The outside entity conducting the risk assessment and preparing the mitigation plan must not have any other direct or indirect financial interest in the project. The risk assessment and risk mitigation plan must provide for periodic monitoring by the commissioner until the project is completed.

 

      (b) The risk assessment and risk mitigation plan must be paid for with money appropriated for the information systems development and telecommunications technology project. The chief information officer must notify the commissioner of finance when work has begun on a project and must identify the proposed budget for the project. The commissioner of finance shall ensure that no more than ten percent of the amount anticipated to proposed budget be spent on the project, other than the money spent on the risk assessment and risk mitigation plan, may be is spent until the risk assessment and mitigation plan are reported to the commissioner of administration chief information officer and the commissioner chief information officer has approved the risk mitigation plan.

 

      Sec. 14. Minnesota Statutes 2004, section 16E.0465, subdivision 1, is amended to read:

 

      Subdivision 1. [APPLICATION.] This section applies to an appropriation of more than $1,000,000 of state or federal funds to a state agency for any information and communications telecommunications technology project or data processing device or system or for any phase of such a project, device, or system. For purposes of this section, an appropriation of state or federal funds to a state agency includes an appropriation:

 

      (1) to the Minnesota State Colleges and Universities;

 

      (2) to a constitutional officer;

 

      (3) (2) for a project that includes both a state agency and units of local government; and

 

      (4) (3) to a state agency for grants to be made to other entities.

 

      Sec. 15. Minnesota Statutes 2004, section 16E.0465, subdivision 2, is amended to read:

 

      Subd. 2. [REQUIRED REVIEW AND APPROVAL.] (a) A state agency receiving an appropriation for an information and communications telecommunications technology project or data processing device or system subject to this section must divide the project into phases.

 

      (b) The commissioner of finance may not authorize the encumbrance or expenditure of an appropriation of state funds to a state agency for any phase of a project, device, or system subject to this section unless the Office of Enterprise Technology has reviewed each phase of the project, device, or system, and based on this review, the commissioner of administration chief information officer has determined for each phase that:

 

      (1) the project is compatible with the state information architecture and other policies and standards established by the commissioner of administration chief information officer; and

 

      (2) the agency is able to accomplish the goals of the phase of the project with the funds appropriated; and

 

      (3) the project supports the enterprise information technology strategy.


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                Sec. 16. Minnesota Statutes 2004, section 16E.055, is amended to read:

 

      16E.055 [COMMON WEB FORMAT ELECTRONIC GOVERNMENT SERVICES.]

 

      A state agency that implements electronic government services for fees, licenses, sales, or other purposes must use a common Web page format approved by the commissioner of administration for those electronic government services. The commissioner may create a the single entry site created by the chief information officer for all agencies to use for electronic government services.

 

      Sec. 17. Minnesota Statutes 2004, section 16E.07, subdivision 8, is amended to read:

 

      Subd. 8. [SECURE TRANSACTION SYSTEM.] The office shall plan and develop a secure transaction system to support delivery of government services electronically. A state agency that implements electronic government services for fees, licenses, sales, or other purposes must use the secure transaction system developed in accordance with this section.

 

      Sec. 18. [16E.14] [ENTERPRISE TECHNOLOGY REVOLVING FUND.]

 

      Subdivision 1. [CREATION.] The enterprise technology revolving fund is created in the state treasury.

 

      Subd. 2. [APPROPRIATION AND USES OF FUND.] Money in the enterprise technology revolving fund is appropriated annually to the chief information officer to operate information and telecommunications services, including management, consultation, and design services.

 

      Subd. 3. [REIMBURSEMENTS.] Except as specifically provided otherwise by law, each agency shall reimburse the enterprise technology revolving fund for the cost of all services, supplies, materials, labor, and depreciation of equipment, including reasonable overhead costs, which the chief information officer is authorized and directed to furnish an agency. The chief information officer shall report the rates to be charged for the revolving fund no later than July 1 each year to the chair of the committee or division in the senate and house of representatives with primary jurisdiction over the budget of the Office of Enterprise Technology.

 

      Subd. 4. [CASH FLOW.] The commissioner of finance shall make appropriate transfers to the revolving fund when requested by the chief information officer. The chief information officer may make allotments and encumbrances in anticipation of such transfers. In addition, the chief information officer, with the approval of the commissioner of finance, may require an agency to make advance payments to the revolving fund sufficient to cover the office's estimated obligation for a period of at least 60 days. All reimbursements and other money received by the chief information officer under this section must be deposited in the enterprise technology revolving fund.

 

      Subd. 5. [LIQUIDATION.] If the enterprise technology revolving fund is abolished or liquidated, the total net profit from the operation of the fund must be distributed to the various funds from which purchases were made. The amount to be distributed to each fund must bear to the net profit the same ratio as the total purchases from each fund bears to the total purchases from all the funds during the same period of time.

 

      Sec. 19. Minnesota Statutes 2004, section 299C.65, subdivision 1, is amended to read:

 

      Subdivision 1. [MEMBERSHIP, DUTIES.] (a) The Criminal and Juvenile Justice Information Policy Group consists of the commissioner of corrections, the commissioner of public safety, the commissioner of administration state chief information officer, the commissioner of finance, and four members of the judicial branch appointed by the chief justice of the Supreme Court. The policy group may appoint additional, nonvoting members as necessary from time to time.


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                (b) The commissioner of public safety is designated as the chair of the policy group. The commissioner and the policy group have overall responsibility for the successful completion of statewide criminal justice information system integration (CriMNet). The policy group may hire a program manager to manage the CriMNet projects and to be responsible for the day-to-day operations of CriMNet. The policy group must ensure that generally accepted project management techniques are utilized for each CriMNet project, including:

 

      (1) clear sponsorship;

 

      (2) scope management;

 

      (3) project planning, control, and execution;

 

      (4) continuous risk assessment and mitigation;

 

      (5) cost management;

 

      (6) quality management reviews;

 

      (7) communications management; and

 

      (8) proven methodology.

 

      (c) Products and services for CriMNet project management, system design, implementation, and application hosting must be acquired using an appropriate procurement process, which includes:

 

      (1) a determination of required products and services;

 

      (2) a request for proposal development and identification of potential sources;

 

      (3) competitive bid solicitation, evaluation, and selection; and

 

      (4) contract administration and close-out.

 

      (d) The policy group shall study and make recommendations to the governor, the Supreme Court, and the legislature on:

 

      (1) a framework for integrated criminal justice information systems, including the development and maintenance of a community data model for state, county, and local criminal justice information;

 

      (2) the responsibilities of each entity within the criminal and juvenile justice systems concerning the collection, maintenance, dissemination, and sharing of criminal justice information with one another;

 

      (3) actions necessary to ensure that information maintained in the criminal justice information systems is accurate and up-to-date;

 

      (4) the development of an information system containing criminal justice information on gross misdemeanor-level and felony-level juvenile offenders that is part of the integrated criminal justice information system framework;

 

      (5) the development of an information system containing criminal justice information on misdemeanor arrests, prosecutions, and convictions that is part of the integrated criminal justice information system framework;


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                (6) comprehensive training programs and requirements for all individuals in criminal justice agencies to ensure the quality and accuracy of information in those systems;

 

      (7) continuing education requirements for individuals in criminal justice agencies who are responsible for the collection, maintenance, dissemination, and sharing of criminal justice data;

 

      (8) a periodic audit process to ensure the quality and accuracy of information contained in the criminal justice information systems;

 

      (9) the equipment, training, and funding needs of the state and local agencies that participate in the criminal justice information systems;

 

      (10) the impact of integrated criminal justice information systems on individual privacy rights;

 

      (11) the impact of proposed legislation on the criminal justice system, including any fiscal impact, need for training, changes in information systems, and changes in processes;

 

      (12) the collection of data on race and ethnicity in criminal justice information systems;

 

      (13) the development of a tracking system for domestic abuse orders for protection;

 

      (14) processes for expungement, correction of inaccurate records, destruction of records, and other matters relating to the privacy interests of individuals; and

 

      (15) the development of a database for extended jurisdiction juvenile records and whether the records should be public or private and how long they should be retained.

 

      Sec. 20. Minnesota Statutes 2004, section 299C.65, subdivision 2, is amended to read:

 

      Subd. 2. [REPORT, TASK FORCE.] (a) The policy group shall file an annual report with the governor, Supreme Court, and chairs and ranking minority members of the senate and house committees and divisions with jurisdiction over criminal justice funding and policy by December 1 of each year.

 

      (b) The report must make recommendations concerning any legislative changes or appropriations that are needed to ensure that the criminal justice information systems operate accurately and efficiently. To assist them in developing their recommendations, the policy group shall appoint a task force consisting of its members or their designees and the following additional members:

 

      (1) the director of the Office of Strategic and Long-Range Planning;

 

      (2) two sheriffs recommended by the Minnesota Sheriffs Association;

 

      (3) two police chiefs recommended by the Minnesota Chiefs of Police Association;

 

      (4) two county attorneys recommended by the Minnesota County Attorneys Association;

 

      (5) two city attorneys recommended by the Minnesota League of Cities;

 

      (6) two public defenders appointed by the Board of Public Defense;


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                (7) two district judges appointed by the Conference of Chief Judges, one of whom is currently assigned to the juvenile court;

 

      (8) two community corrections administrators recommended by the Minnesota Association of Counties, one of whom represents a community corrections act county;

 

      (9) two probation officers;

 

      (10) four public members, one of whom has been a victim of crime, and two who are representatives of the private business community who have expertise in integrated information systems;

 

      (11) two court administrators;

 

      (12) one member of the house of representatives appointed by the speaker of the house;

 

      (13) one member of the senate appointed by the majority leader;

 

      (14) the attorney general or a designee;

 

      (15) the commissioner of administration state chief information officer or a designee;

 

      (16) an individual recommended by the Minnesota League of Cities; and

 

      (17) an individual recommended by the Minnesota Association of Counties.

 

In making these appointments, the appointing authority shall select members with expertise in integrated data systems or best practices.

 

      (c) The commissioner of public safety may appoint additional, nonvoting members to the task force as necessary from time to time.

 

      Sec. 21. Minnesota Statutes 2004, section 403.36, subdivision 1, is amended to read:

 

      Subdivision 1. [MEMBERSHIP.] (a) The commissioner of public safety shall convene and chair the Statewide Radio Board to develop a project plan for a statewide, shared, trunked public safety radio communication system. The system may be referred to as "Allied Radio Matrix for Emergency Response," or "ARMER."

 

      (b) The board consists of the following members or their designees:

 

      (1) the commissioner of public safety;

 

      (2) the commissioner of transportation;

 

      (3) the commissioner of administration state chief information officer;

 

      (4) the commissioner of natural resources;

 

      (5) the chief of the Minnesota State Patrol;

 

      (6) the commissioner of health;


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                (7) the commissioner of finance;

 

      (8) two elected city officials, one from the nine-county metropolitan area and one from Greater Minnesota, appointed by the governing body of the League of Minnesota Cities;

 

      (9) two elected county officials, one from the nine-county metropolitan area and one from Greater Minnesota, appointed by the governing body of the Association of Minnesota Counties;

 

      (10) two sheriffs, one from the nine-county metropolitan area and one from Greater Minnesota, appointed by the governing body of the Minnesota Sheriffs' Association;

 

      (11) two chiefs of police, one from the nine-county metropolitan area and one from Greater Minnesota, appointed by the governor after considering recommendations made by the Minnesota Chiefs' of Police Association;

 

      (12) two fire chiefs, one from the nine-county metropolitan area and one from Greater Minnesota, appointed by the governor after considering recommendations made by the Minnesota Fire Chiefs' Association;

 

      (13) two representatives of emergency medical service providers, one from the nine-county metropolitan area and one from Greater Minnesota, appointed by the governor after considering recommendations made by the Minnesota Ambulance Association;

 

      (14) the chair of the Metropolitan Radio Board; and

 

      (15) a representative of Greater Minnesota elected by those units of government in phase three and any subsequent phase of development as defined in the statewide, shared radio and communication plan, who have submitted a plan to the Statewide Radio Board and where development has been initiated.

 

      (c) The Statewide Radio Board shall coordinate the appointment of board members representing Greater Minnesota with the appointing authorities and may designate the geographic region or regions from which an appointed board member is selected where necessary to provide representation from throughout the state.

 

      Sec. 22. [TRANSFER OF DUTIES.]

 

      Responsibilities of the commissioner of administration for state telecommunications systems, state information infrastructure, and electronic conduct of state business under Minnesota Statutes, sections 16B.405; 16B.44; 16B.46; 16B.465; 16B.466; and 16B.467, are transferred to the Office of Enterprise Technology. All positions in the Office of Technology and the Intertechnologies Group are transferred to the Office of Enterprise Technology. Minnesota Statutes, section 15.039, applies to the transfer of responsibilities in this section.

 

      Sec. 23. [REVISOR INSTRUCTION.]

 

      In the next and subsequent editions of Minnesota Statutes, the revisor of statutes shall:

 

      (1) substitute the term "chief information officer" for "commissioner" and "commissioner of administration" in the following sections: 16B.405; 16B.44; 16B.46; 16B.465; 16B.466; 16B.467; 16E.03, subdivisions 4, 5, 6, and 8; 16E.035; and 16E.07, subdivision 4;

 

      (2) substitute the term "Office of Enterprise Technology" for the term "Office of Technology"; and

 

      (3) recodify the following sections into chapter 16E: 16B.405; 16B.44; 16B.46; 16B.465; 16B.466; and 16B.467.


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                Sec. 24. [REPEALER.]

 

      Minnesota Statutes 2004, sections 16B.48, subdivision 3; and 16E.0465, subdivision 3, are repealed.

 

ARTICLE 6

 

ELECTIONS AND CAMPAIGN FINANCE

 

      Section 1. Minnesota Statutes 2004, section 10A.01, subdivision 5, is amended to read:

 

      Subd. 5. [ASSOCIATED BUSINESS.] "Associated business" means an association, corporation, partnership, limited liability company, limited liability partnership, or other organized legal entity from which the individual receives compensation in excess of $50, except for actual and reasonable expenses, in any month as a director, officer, owner, member, partner, employer or employee, or whose securities the individual holds worth $2,500 or more at fair market value.

 

      Sec. 2. Minnesota Statutes 2004, section 10A.01, subdivision 26, is amended to read:

 

      Subd. 26. [NONCAMPAIGN DISBURSEMENT.] "Noncampaign disbursement" means a purchase or payment of money or anything of value made, or an advance of credit incurred, or a donation in kind received, by a principal campaign committee for any of the following purposes:

 

      (1) payment for accounting and legal services;

 

      (2) return of a contribution to the source;

 

      (3) repayment of a loan made to the principal campaign committee by that committee;

 

      (4) return of a public subsidy;

 

      (5) payment for food, beverages, entertainment, and facility rental for a fund-raising event;

 

      (6) services for a constituent by a member of the legislature or a constitutional officer in the executive branch, including the costs of preparing and distributing a suggestion or idea solicitation to constituents, performed from the beginning of the term of office to adjournment sine die of the legislature in the election year for the office held, and half the cost of services for a constituent by a member of the legislature or a constitutional officer in the executive branch performed from adjournment sine die to 60 days after adjournment sine die;

 

      (7) payment for food and beverages provided to campaign consumed by a candidate or volunteers while they are engaged in campaign activities;

 

      (8) payment for food or a beverage consumed while attending a reception or meeting directly related to legislative duties;

 

      (9) payment of expenses incurred by elected or appointed leaders of a legislative caucus in carrying out their leadership responsibilities;

 

      (9) (10) payment by a principal campaign committee of the candidate's expenses for serving in public office, other than for personal uses;

 

      (10) (11) costs of child care for the candidate's children when campaigning;


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                (11) (12) fees paid to attend a campaign school;

 

      (12) (13) costs of a postelection party during the election year when a candidate's name will no longer appear on a ballot or the general election is concluded, whichever occurs first;

 

      (13) (14) interest on loans paid by a principal campaign committee on outstanding loans;

 

      (14) (15) filing fees;

 

      (15) (16) post-general election thank-you notes or advertisements in the news media;

 

      (16) (17) the cost of campaign material purchased to replace defective campaign material, if the defective material is destroyed without being used;

 

      (17) (18) contributions to a party unit; and

 

      (18) (19) payments for funeral gifts or memorials; and

 

      (20) other purchases or payments specified in board rules or advisory opinions as being for any purpose other than to influence the nomination or election of a candidate or to promote or defeat a ballot question.

 

      The board must determine whether an activity involves a noncampaign disbursement within the meaning of this subdivision.

 

      A noncampaign disbursement is considered to be made in the year in which the candidate made the purchase of goods or services or incurred an obligation to pay for goods or services.

 

      Sec. 3. Minnesota Statutes 2004, section 10A.025, is amended by adding a subdivision to read:

 

      Subd. 1a. [ELECTRONIC FILING.] A report or statement required to be filed under this chapter may be filed electronically. The board shall adopt rules to regulate electronic filing and to ensure that the electronic filing process is secure.

 

      Sec. 4. Minnesota Statutes 2004, section 10A.071, subdivision 3, is amended to read:

 

      Subd. 3. [EXCEPTIONS.] (a) The prohibitions in this section do not apply if the gift is:

 

      (1) a contribution as defined in section 10A.01, subdivision 11;

 

      (2) services to assist an official in the performance of official duties, including but not limited to providing advice, consultation, information, and communication in connection with legislation, and services to constituents;

 

      (3) services of insignificant monetary value;

 

      (4) a plaque or similar memento recognizing individual services in a field of specialty or to a charitable cause;

 

      (5) a trinket or memento of insignificant value costing $5 or less;

 

      (6) informational material of unexceptional value; or


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                (7) food or a beverage given at a reception, meal, or meeting away from the recipient's place of work by an organization before whom the recipient appears to make a speech or answer questions as part of a program.

 

      (b) The prohibitions in this section do not apply if the gift is given:

 

      (1) because of the recipient's membership in a group, a majority of whose members are not officials, and an equivalent gift is given to the other members of the group; or

 

      (2) by a lobbyist or principal who is a member of the family of the recipient, unless the gift is given on behalf of someone who is not a member of that family.

 

      Sec. 5. Minnesota Statutes 2004, section 10A.08, is amended to read:

 

      10A.08 [REPRESENTATION DISCLOSURE.]

 

      A public official who represents a client for a fee before an individual, board, commission, or agency that has rulemaking authority in a hearing conducted under chapter 14, must disclose the official's participation in the action to the board within 14 days after the appearance. The board must send a notice by certified mail to any public official who fails to disclose the participation within 14 days after the appearance. If the public official fails to disclose the participation within ten business days after the notice was sent, the board may impose a late filing fee of $5 per day, not to exceed $100, starting on the 11th day after the notice was sent. The board must send an additional notice by certified mail to a public official who fails to disclose the participation within 14 days after the first notice was sent by the board that the public official may be subject to a civil penalty for failure to disclose the participation. A public official who fails to disclose the participation within seven days after the second notice was sent by the board is subject to a civil penalty imposed by the board of up to $1,000.

 

      Sec. 6. Minnesota Statutes 2004, section 10A.20, subdivision 5, is amended to read:

 

      Subd. 5. [PREELECTION REPORTS.] In a statewide election any loan, contribution, or contributions from any one source totaling $2,000 or more, or in any judicial district or legislative election totaling more than $400, received between the last day covered in the last report before an election and the election must be reported to the board in one of the following ways:

 

      (1) in person within 48 hours after its receipt;

 

      (2) by telegram or mailgram within 48 hours after its receipt; or

 

      (3) by certified mail sent within 48 hours after its receipt; or

 

      (4) by electronic means sent within 48 hours after its receipt.

 

      These loans and contributions must also be reported in the next required report.

 

      The 48-hour notice requirement does not apply with respect to a primary in which the statewide or legislative candidate is unopposed.

 

      Sec. 7. Minnesota Statutes 2004, section 10A.27, subdivision 1, is amended to read:

 

      Subdivision 1. [CONTRIBUTION LIMITS.] (a) Except as provided in subdivision 2, a candidate must not permit the candidate's principal campaign committee to accept aggregate contributions made or delivered by any individual, political committee, or political fund in excess of the following:


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                (1) to candidates for governor and lieutenant governor running together, $2,000 in an election year for the office sought and $500 in other years;

 

      (2) to a candidate for attorney general, $1,000 in an election year for the office sought and $200 in other years;

 

      (3) to a candidate for the office of secretary of state or state auditor, $500 in an election year for the office sought and $100 in other years;

 

      (4) to a candidate for state senator, $500 in an election year for the office sought and $100 in other years; and

 

      (5) to a candidate for state representative, $500 in an election year for the office sought and $100 in the other year.

 

      (b) The following deliveries are not subject to the bundling limitation in this subdivision:

 

      (1) delivery of contributions collected by a member of the candidate's principal campaign committee, such as a block worker or a volunteer who hosts a fund-raising event, to the committee's treasurer; and

 

      (2) a delivery made by an individual on behalf of the individual's spouse.

 

      (c) A lobbyist, political committee, political party unit, or political fund must not make a contribution a candidate is prohibited from accepting.

 

      Sec. 8. Minnesota Statutes 2004, section 10A.28, subdivision 2, is amended to read:

 

      Subd. 2. [EXCEEDING CONTRIBUTION LIMITS.] A political committee, political fund, or principal campaign committee that makes a contribution, or a candidate who permits the candidate's principal campaign committee to accept contributions, in excess of the limits imposed by section 10A.27 is subject to a civil penalty of up to four times the amount by which the contribution exceeded the limits. The following are subject to a civil penalty of up to four times the amount by which a contribution exceeds the applicable limits:

 

      (1) a lobbyist, political committee, or political fund that makes a contribution in excess of the limits imposed by section 10A.27, subdivisions 1 and 8;

 

      (2) a principal campaign committee that makes a contribution in excess of the limits imposed by section 10A.27, subdivision 2;

 

      (3) a political party unit that makes a contribution in excess of the limits imposed by section 10A.27, subdivisions 2 and 8; or

 

      (4) a candidate who permits the candidate's principal campaign committee to accept contributions in excess of the limits imposed by section 10A.27.

 

      Sec. 9. Minnesota Statutes 2004, section 10A.31, subdivision 4, is amended to read:

 

      Subd. 4. [APPROPRIATION.] (a) The amounts designated by individuals for the state elections campaign fund, less three percent, are appropriated from the general fund, must be transferred and credited to the appropriate account in the state elections campaign fund, and are annually appropriated for distribution as set forth in subdivisions 5, 5a, 6, and 7. The remaining three percent must be kept in the general fund for administrative costs.


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                (b) In addition to the amounts in paragraph (a), $1,500,000 $1,250,000 for each general election is appropriated from the general fund for transfer to the general account of the state elections campaign fund.

 

      Of this appropriation, $65,000 each fiscal year must be set aside to pay assessments made by the Office of Administrative Hearings under section 211B.37. Amounts remaining after all assessments have been paid must be canceled to the general account.

 

      Sec. 10. Minnesota Statutes 2004, section 10A.31, subdivision 5, is amended to read:

 

      Subd. 5. [ALLOCATION.] (a) [GENERAL ACCOUNT.] In each calendar year the money in the general account must be allocated to candidates as follows:

 

      (1) 21 percent for the offices of governor and lieutenant governor together;

 

      (2) 4.2 percent for the office of attorney general;

 

      (3) 2.4 percent each for the offices of secretary of state and state auditor;

 

      (4) in each calendar year during the period in which state senators serve a four-year term, 23-1/3 percent for the office of state senator, and 46-2/3 percent for the office of state representative; and

 

      (5) in each calendar year during the period in which state senators serve a two-year term, 35 percent each for the offices of state senator and state representative.

 

      (b) [PARTY ACCOUNT.] In each calendar year the money in each party account must be allocated as follows:

 

      (1) 14 percent for the offices of governor and lieutenant governor together;

 

      (2) 2.8 percent for the office of attorney general;

 

      (3) 1.6 percent each for the offices of secretary of state and state auditor;

 

      (4) in each calendar year during the period in which state senators serve a four-year term, 23-1/3 percent for the office of state senator, and 46-2/3 percent for the office of state representative;

 

      (5) in each calendar year during the period in which state senators serve a two-year term, 35 percent each for the offices of state senator and state representative; and

 

      (6) ten percent or $50,000, whichever is less, for the state committee of a political party; one-third of any amount in excess of that allocated to the state committee of a political party under this clause must be allocated to the office of state senator and two-thirds must be allocated to the office of state representative under clause (4).

 

      Money allocated to each state committee under clause (6) must be deposited in a separate account and must be spent for only those items enumerated in section 10A.275. Money allocated to a state committee under clause (6) must be paid to the committee by the board as it is received in the account on a monthly basis, with payment on the 15th day of the calendar month following the month in which the returns were processed by the Department of Revenue, provided that these distributions would be equal to 90 percent of the amount of money indicated in the Department of Revenue's weekly unedited reports of income tax returns and property tax refund returns processed in the month, as notified by the Department of Revenue to the board. The amounts paid to each state committee are subject to biennial adjustment and settlement at the time of each certification required of the commissioner of revenue under subdivisions 7 and 10. If the total amount of payments received by a state committee for the period


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reflected on a certification by the Department of Revenue is different from the amount that should have been received during the period according to the certification, each subsequent monthly payment must be increased or decreased to the fullest extent possible until the amount of the overpayment is recovered or the underpayment is distributed.

 

      Sec. 11. Minnesota Statutes 2004, section 200.02, subdivision 7, is amended to read:

 

      Subd. 7. [MAJOR POLITICAL PARTY.] (a) "Major political party" means a political party that maintains a party organization in the state, political division or precinct in question and that has presented at least one candidate for election to the office of:

 

      (1) governor and lieutenant governor, secretary of state, state auditor, or attorney general at the last preceding state general election for those offices; or

 

      (2) presidential elector or U.S. senator at the last preceding state general election for presidential electors; and

 

      whose candidate received votes in each county in that election and received votes from not less than five percent of the total number of individuals who voted in that election.

 

      (b) "Major political party" also means a political party that maintains a party organization in the state, political subdivision, or precinct in question and that has presented at least 45 candidates for election to the office of state representative, 23 candidates for election to the office of state senator, four candidates for election to the office of representative in Congress, and one candidate for election to each of the following offices: governor and lieutenant governor, attorney general, secretary of state, and state auditor, at the last preceding state general election for those offices.

 

      (c) "Major political party" also means a political party that maintains a party organization in the state, political subdivision, or precinct in question and whose members present to the secretary of state at any time before the close of filing for the state partisan primary ballot a petition for a place on the state partisan primary ballot, which petition contains signatures of a number of the party members equal to at least five percent of the total number of individuals who voted in the preceding state general election.

 

      (c) (d) A political party whose candidate receives a sufficient number of votes at a state general election described in paragraph (a) or a political party that presents candidates at an election as required by paragraph (b) becomes a major political party as of January 1 following that election and retains its major party status notwithstanding that for at least two state general elections even if the party fails to present a candidate who receives the number and percentage of votes required under paragraph (a) or fails to present candidates as required by paragraph (b) at the following subsequent state general election elections.

 

      (d) (e) A major political party whose candidates fail to receive the number and percentage of votes required under paragraph (a) and that fails to present candidates as required by paragraph (b) at either each of two consecutive state general election elections described by paragraph (a) or (b), respectively, loses major party status as of December 31 following the most recent later of the two consecutive state general election elections.

 

      Sec. 12. Minnesota Statutes 2004, section 200.02, subdivision 23, is amended to read:

 

      Subd. 23. [MINOR POLITICAL PARTY.] (a) "Minor political party" means a political party that is not a major political party as defined by subdivision 7 and that has adopted a state constitution, designated a state party chair, held a state convention in the last two years, filed with the secretary of state no later than December 31 following the most recent state general election a certification that the party has met the foregoing requirements, and met the requirements of paragraph (b) or (e), as applicable.


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                (b) To be considered a minor party in all elections statewide, the political party must have presented at least one candidate for election to the office of:

 

      (1) governor and lieutenant governor, secretary of state, state auditor, or attorney general, at the last preceding state general election for those offices; or

 

      (2) presidential elector or U.S. senator at the preceding state general election for presidential electors; and

 

      who received votes in each county that in the aggregate equal at least one percent of the total number of individuals who voted in the election, or its members must have presented to the secretary of state at any time before the close of filing for the state partisan primary ballot a nominating petition in a form prescribed by the secretary of state containing the signatures of party members in a number equal to at least one percent of the total number of individuals who voted in the preceding state general election.

 

      (c) A political party whose candidate receives a sufficient number of votes at a state general election described in paragraph (b) becomes a minor political party as of January 1 following that election and retains its minor party status notwithstanding that for at least two state general elections even if the party fails to present a candidate who receives the number and percentage of votes required under paragraph (b) at the following subsequent state general election elections.

 

      (d) A minor political party whose candidates fail to receive the number and percentage of votes required under paragraph (b) at either each of two consecutive state general election elections described by paragraph (b) loses minor party status as of December 31 following the most recent later of the two consecutive state general election elections.

 

      (e) A minor party that qualifies to be a major party loses its status as a minor party at the time it becomes a major party. Votes received by the candidates of a major party must be counted in determining whether the party received sufficient votes to qualify as a minor party, notwithstanding that the party does not receive sufficient votes to retain its major party status. To be considered a minor party in an election in a legislative district, the political party must have presented at least one candidate for a legislative office in that district who received votes from at least ten percent of the total number of individuals who voted for that office, or its members must have presented to the secretary of state a nominating petition in a form prescribed by the secretary of state containing the signatures of party members in a number equal to at least ten percent of the total number of individuals who voted in the preceding state general election for that legislative office.

 

      Sec. 13. Minnesota Statutes 2004, section 200.02, is amended by adding a subdivision to read:

 

      Subd. 24. [METROPOLITAN AREA.] "Metropolitan area" means the counties of Anoka, Carver, Chisago, Dakota, Hennepin, Isanti, Ramsey, Scott, Sherburne, Washington, and Wright.

 

      Sec. 14. Minnesota Statutes 2004, section 201.014, subdivision 2, is amended to read:

 

      Subd. 2. [NOT ELIGIBLE.] The following individuals are not eligible to vote. Any individual:

 

      (a) Convicted of treason or any felony whose civil rights have not been restored;

 

      (b) Under a guardianship of the person in which the court order provides that the ward does not retain revokes the ward's right to vote; or

 

      (c) Found by a court of law to be legally incompetent.


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                Sec. 15. Minnesota Statutes 2004, section 201.061, subdivision 3, is amended to read:

 

      Subd. 3. [ELECTION DAY REGISTRATION.] (a) An individual who is eligible to vote may register on election day by appearing in person at the polling place for the precinct in which the individual maintains residence, by completing a registration application, making an oath in the form prescribed by the secretary of state and providing proof of residence. An individual may prove residence for purposes of registering by:

 

      (1) presenting a driver's license or Minnesota identification card issued pursuant to section 171.07;

 

      (2) presenting any document approved by the secretary of state as proper identification;

 

      (3) presenting one of the following:

 

      (i) a current valid student identification card from a postsecondary educational institution in Minnesota, if a list of students from that institution has been prepared under section 135A.17 and certified to the county auditor in the manner provided in rules of the secretary of state; or

 

      (ii) a current student fee statement that contains the student's valid address in the precinct together with a picture identification card; or

 

      (4) having a voter who is registered to vote in the precinct, or who is an employee employed by and working in a residential facility in the precinct and vouching for a resident in the facility, sign an oath in the presence of the election judge vouching that the voter or employee personally knows that the individual is a resident of the precinct. A voter who has been vouched for on election day may not sign a proof of residence oath vouching for any other individual on that election day. A voter who is registered to vote in the precinct may sign up to 15 proof-of-residence oaths on any election day. This limitation does not apply to an employee of a residential facility described in this clause. The secretary of state shall provide a form for election judges to use in recording the number of individuals for whom a voter signs proof-of-residence oaths on election day. The form must include space for the maximum number of individuals for whom a voter may sign proof-of-residence oaths. For each proof-of-residence oath, the form must include a statement that the voter is registered to vote in the precinct, personally knows that the individual is a resident of the precinct, and is making the statement on oath. The form must include a space for the voter's printed name, signature, telephone number, and address.

 

      The oath required by this subdivision and Minnesota Rules, part 8200.9939, must be attached to the voter registration application and the information on the oath must be recorded on the records of both the voter registering on election day and the voter who is vouching for the person's residence, and entered into the statewide voter registration system by the county auditor when the voter registration application is entered into that system.

 

      (b) The operator of a residential facility shall prepare a list of the names of its employees currently working in the residential facility and the address of the residential facility. The operator shall certify the list and provide it to the appropriate county auditor no less than 20 days before each election for use in election day registration.

 

      (c) "Residential facility" means transitional housing as defined in section 119A.43, subdivision 1; a supervised living facility licensed by the commissioner of health under section 144.50, subdivision 6; a nursing home as defined in section 144A.01, subdivision 5; a residence registered with the commissioner of health as a housing with services establishment as defined in section 144D.01, subdivision 4; a veterans home operated by the board of directors of the Minnesota Veterans Homes under chapter 198; a residence licensed by the commissioner of human services to provide a residential program as defined in section 245A.02, subdivision 14; a residential facility for persons with a developmental disability licensed by the commissioner of human services under section 252.28; group residential housing as defined in section 256I.03, subdivision 3; a shelter for battered women as defined in section 611A.37, subdivision 4; or a supervised publicly or privately operated shelter or dwelling designed to provide temporary living accommodations for the homeless.


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                (d) For tribal band members living on an Indian reservation, an individual may prove residence for purposes of registering by presenting an identification card issued by the tribal government of a tribe recognized by the Bureau of Indian Affairs, United States Department of the Interior, that contains the name, street address, signature, and picture of the individual. The county auditor of each county having territory within the reservation shall maintain a record of the number of election day registrations accepted under this section.

 

      (e) A county, school district, or municipality may require that an election judge responsible for election day registration initial each completed registration application.

 

      Sec. 16. Minnesota Statutes 2004, section 201.071, subdivision 1, is amended to read:

 

      Subdivision 1. [FORM.] A voter registration application must be of suitable size and weight for mailing and contain spaces for the following required information: voter's first name, middle name, and last name; voter's previous name, if any; voter's current address; voter's previous address, if any; voter's date of birth; voter's municipality and county of residence; voter's telephone number, if provided by the voter; date of registration; current and valid Minnesota driver's license number or Minnesota state identification number, or if the voter has no current and valid Minnesota driver's license or Minnesota state identification, the last four digits of the voter's Social Security number; and voter's signature. The registration application may include the voter's e-mail address, if provided by the voter, and the voter's interest in serving as an election judge, if indicated by the voter. The application must also contain the following certification of voter eligibility:

 

      "I certify that I:

 

      (1) will be at least 18 years old on election day;

 

      (2) am a citizen of the United States;

 

      (3) will have resided in Minnesota for 20 days immediately preceding election day;

 

      (4) maintain residence at the address given on the registration form;

 

      (5) am not under court-ordered guardianship of the person where I have not retained the in which the court order revokes my right to vote;

 

      (6) have not been found by a court to be legally incompetent to vote;

 

      (7) have not the right to vote because, if I have been convicted of a felony without having my civil rights restored, my felony sentence has expired (been completed) or I have been discharged from my sentence; and

 

      (8) have read and understand the following statement: that giving false information is a felony punishable by not more than five years imprisonment or a fine of not more than $10,000, or both."

 

      The certification must include boxes for the voter to respond to the following questions:

 

      "(1) Are you a citizen of the United States?" and

 

      "(2) Will you be 18 years old on or before election day?"

 

      And the instruction:

 

      "If you checked 'no' to either of these questions, do not complete this form."


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                The form of the voter registration application and the certification of voter eligibility must be as provided in this subdivision and approved by the secretary of state. Voter registration forms authorized by the National Voter Registration Act may must also be accepted as valid. The federal postcard application form must also be accepted as valid if it is not deficient and the voter is eligible to register in Minnesota.

 

      An individual may use a voter registration application to apply to register to vote in Minnesota or to change information on an existing registration.

 

      Sec. 17. Minnesota Statutes 2004, section 201.091, subdivision 4, is amended to read:

 

      Subd. 4. [PUBLIC INFORMATION LISTS.] The county auditor shall make available for inspection a public information list which must contain the name, address, year of birth, and voting history of each registered voter in the county. The telephone number must be included on the list if provided by the voter. The public information list may also include information on voting districts. The county auditor may adopt reasonable rules governing access to the list. No individual inspecting the public information list shall tamper with or alter it in any manner. No individual who inspects the public information list or who acquires a list of registered voters prepared from the public information list may use any information contained in the list for purposes unrelated to elections, political activities, or law enforcement. The secretary of state may provide copies of the public information lists and other information from the statewide registration system for uses related to elections, political activities, or in response to a law enforcement inquiry from a public official concerning a failure to comply with any criminal statute or any state or local tax statute.

 

      Before inspecting the public information list or obtaining a list of voters or other information from the list, the individual shall provide identification to the public official having custody of the public information list and shall state in writing that any information obtained from the list will not be used for purposes unrelated to elections, political activities, or law enforcement. Requests to examine or obtain information from the public information lists or the statewide registration system must be made and processed in the manner provided in the rules of the secretary of state.

 

      Upon receipt of a written request and a copy of the court order statement signed by the voter that withholding the voter's name from the public information list is required for the safety of the voter or the voter's family, the secretary of state and county auditor must withhold from the public information list the name of any a registered voter placed under court-ordered protection.

 

      Sec. 18. Minnesota Statutes 2004, section 201.091, subdivision 5, is amended to read:

 

      Subd. 5. [COPY OF LIST TO REGISTERED VOTER.] The county auditors and the secretary of state shall provide copies of the public information lists in electronic or other media to any voter registered in Minnesota within ten days of receiving a written or electronic request accompanied by payment of the cost of reproduction. The county auditors and the secretary of state shall make a copy of the list available for public inspection without cost. An individual who inspects or acquires a copy of a public information list may not use any information contained in it for purposes unrelated to elections, political activities, or law enforcement.

 

      Sec. 19. Minnesota Statutes 2004, section 201.15, is amended to read:

 

      201.15 [DISTRICT JUDGE, REPORT GUARDIANSHIPS AND COMMITMENTS.]

 

      Subdivision 1. [GUARDIANSHIPS AND INCOMPETENTS.] Pursuant to the Help America Vote Act of 2002, Public Law 107-252, the state court administrator shall report monthly by electronic means to the secretary of state the name, address, and date of birth of each individual 18 years of age or over, who during the month preceding the date of the report:


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                (a) was placed under a guardianship of the person in which the court order provides that the ward does not retain revokes the ward's right to vote; or

 

      (b) was adjudged legally incompetent.

 

      The court administrator shall also report the same information for each individual transferred to the jurisdiction of the court who meets a condition specified in clause (a) or (b). The secretary of state shall determine if any of the persons in the report is registered to vote and shall prepare a list of those registrants for the county auditor. The county auditor shall change the status on the record in the statewide registration system of any individual named in the report to indicate that the individual is not eligible to reregister or vote.

 

      Subd. 2. [RESTORATION TO CAPACITY GUARDIANSHIP TERMINATION OR MODIFICATION.] Pursuant to the Help America Vote Act of 2002, Public Law 107-252, the state court administrator shall report monthly by electronic means to the secretary of state the name, address, and date of birth of each individual transferred from whose guardianship to conservatorship or who is restored to capacity by the court was modified to restore the ward's right to vote or whose guardianship was terminated by order of the court under section 524.5-317 after being ineligible to vote for any of the reasons specified in subdivision 1. The secretary of state shall determine if any of the persons in the report is registered to vote and shall prepare a list of those registrants for the county auditor. The county auditor shall change the status on the voter's record in the statewide registration system to "active."

 

      Sec. 20. Minnesota Statutes 2004, section 203B.01, subdivision 3, is amended to read:

 

      Subd. 3. [MILITARY.] "Military" means the Army, Navy, Air Force, Marine Corps, Coast Guard or Merchant Marine of the United States, and all other uniformed services as defined in United States Code, title 42, section 1973ff-6.

 

      Sec. 21. Minnesota Statutes 2004, section 203B.04, subdivision 1, is amended to read:

 

      Subdivision 1. [APPLICATION PROCEDURES.] Except as otherwise allowed by subdivision 2, an application for absentee ballots for any election may be submitted at any time not less than one day before the day of that election. The county auditor shall prepare absentee ballot application forms in the format provided in the rules of by the secretary of state, notwithstanding rules on absentee ballot forms, and shall furnish them to any person on request. By January 1 of each even-numbered year, the secretary of state shall make the forms to be used available to auditors through electronic means. An application submitted pursuant to this subdivision shall be in writing and shall be submitted to:

 

      (a) the county auditor of the county where the applicant maintains residence; or

 

      (b) the municipal clerk of the municipality, or school district if applicable, where the applicant maintains residence.

 

      An application shall be approved if it is timely received, signed and dated by the applicant, contains the applicant's name and residence and mailing addresses, and states that the applicant is eligible to vote by absentee ballot for one of the reasons specified in section 203B.02. The application may contain a request for the voter's date of birth, which must not be made available for public inspection. An application may be submitted to the county auditor or municipal clerk by an electronic facsimile device. An application mailed or returned in person to the county auditor or municipal clerk on behalf of a voter by a person other than the voter must be deposited in the mail or returned in person to the county auditor or municipal clerk within ten days after it has been dated by the voter and no later than six days before the election. The absentee ballot applications or a list of persons applying for an absentee allot may not be made available for public inspection until the close of voting on election day.


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                An application under this subdivision may contain an application under subdivision 5 to automatically receive an absentee ballot application.

 

      Sec. 22. Minnesota Statutes 2004, section 203B.04, subdivision 4, is amended to read:

 

      Subd. 4. [REGISTRATION AT TIME OF APPLICATION.] An eligible voter who is not registered to vote but who is otherwise eligible to vote by absentee ballot may register by including a completed voter registration card with the absentee ballot. The individual shall present proof of residence as required by section 201.061, subdivision 3, to the individual who witnesses the marking of the absentee ballots. A military voter, as defined in section 203B.01, may register in this manner if voting pursuant to sections 203B.04 to 203B.15, or may register pursuant to sections 203B.16 to 203B.27.

 

      Sec. 23. Minnesota Statutes 2004, section 203B.04, is amended by adding a subdivision to read:

 

      Subd. 6. [ONGOING ABSENTEE STATUS; TERMINATION.] (a) An eligible voter may apply to a county auditor or municipal clerk for status as an ongoing absentee voter who reasonably expects to meet the requirements of section 203B.02, subdivision 1. Each applicant must automatically be provided with an absentee ballot application for each ensuing election other than an election by mail conducted under section 204B.45, and must have the status of ongoing absentee voter indicated on the voter's registration record.

 

      (b) Ongoing absentee voter status ends on:

 

      (1) the voter's written request;

 

      (2) the voter's death;

 

      (3) return of an ongoing absentee ballot as undeliverable;

 

      (4) a change in the voter's status so that the voter is not eligible to vote under section 201.15 or 201.155; or

 

      (5) placement of the voter's registration on inactive status under section 201.171.

 

      Sec. 24. Minnesota Statutes 2004, section 203B.07, subdivision 2, is amended to read:

 

      Subd. 2. [DESIGN OF ENVELOPES.] The return envelope shall be of sufficient size to conveniently enclose and contain the ballot envelope and a voter registration card folded along its perforations. The return envelope shall be designed to open on the left-hand end. Notwithstanding any rule to the contrary, the return envelope must be designed in one of the following ways:

 

      (1) it must be of sufficient size to contain an additional envelope that when sealed, conceals the signature, identification, and other information; or

 

      (2) it must provide an additional flap that when sealed, conceals the signature, identification, and other information. Election officials may open the flap or the additional envelope at any time after receiving the returned ballot to inspect the returned certificate for completeness or to ascertain other information. A certificate of eligibility to vote by absentee ballot shall be printed on the right hand three-fourths of the back of the envelope. The certificate shall contain a statement to be signed and sworn by the voter indicating that the voter meets all of the requirements established by law for voting by absentee ballot. The certificate shall also contain a statement signed by a person who is registered to vote in Minnesota or by a notary public or other individual authorized to administer oaths stating that:


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                (a) the ballots were displayed to that individual unmarked;

 

      (b) the voter marked the ballots in that individual's presence without showing how they were marked, or, if the voter was physically unable to mark them, that the voter directed another individual to mark them; and

 

      (c) if the voter was not previously registered, the voter has provided proof of residence as required by section 201.061, subdivision 3.

 

      The county auditor or municipal clerk shall affix first class postage to the return envelopes.

 

      Sec. 25. Minnesota Statutes 2004, section 203B.11, subdivision 1, is amended to read:

 

      Subdivision 1. [GENERALLY.] Each full-time municipal clerk or school district clerk who has authority under section 203B.05 to administer absentee voting laws shall designate election judges to deliver absentee ballots in accordance with this section. The county auditor may must also designate election judges to perform the duties in this section. A ballot may be delivered only to an eligible voter who is a temporary or permanent resident or patient in a health care facility or hospital located in the municipality in which the voter maintains residence. The ballots shall be delivered by two election judges, each of whom is affiliated with a different major political party. When the election judges deliver or return ballots as provided in this section, they shall travel together in the same vehicle. Both election judges shall be present when an applicant completes the certificate of eligibility and marks the absentee ballots, and may assist an applicant as provided in section 204C.15. The election judges shall deposit the return envelopes containing the marked absentee ballots in a sealed container and return them to the clerk on the same day that they are delivered and marked.

 

      Sec. 26. Minnesota Statutes 2004, section 203B.12, subdivision 2, is amended to read:

 

      Subd. 2. [EXAMINATION OF RETURN ENVELOPES.] Two or more election judges shall examine each return envelope and shall mark it accepted or rejected in the manner provided in this subdivision. If a ballot has been prepared under section 204B.12, subdivision 2a, or 204B.41, the election judges shall not begin removing ballot envelopes from the return envelopes until 8:00 p.m. on election day, either in the polling place or at an absentee ballot board established under section 203B.13.

 

      The election judges shall mark the return envelope "Accepted" and initial or sign the return envelope below the word "Accepted" if the election judges or a majority of them are satisfied that:

 

      (1) the voter's name and address on the return envelope are the same as the information provided on the absentee ballot application;

 

      (2) the voter's signature on the return envelope is the genuine signature of the individual who made the application for ballots and the certificate has been completed as prescribed in the directions for casting an absentee ballot, except that if a person other than the voter applied for the absentee ballot under applicable Minnesota Rules, the signature is not required to match;

 

      (3) the voter is registered and eligible to vote in the precinct or has included a properly completed voter registration application in the return envelope; and

 

      (4) the voter has not already voted at that election, either in person or by absentee ballot.

 

      There is no other reason for rejecting an absentee ballot. In particular, failure to place the envelope within the security envelope before placing it in the outer white envelope is not a reason to reject an absentee ballot.


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                The return envelope from accepted ballots must be preserved and returned to the county auditor.

 

      If all or a majority of the election judges examining return envelopes find that an absent voter has failed to meet one of the requirements prescribed in clauses (1) to (4), they shall mark the return envelope "Rejected," initial or sign it below the word "Rejected," and return it to the county auditor.

 

      Sec. 27. Minnesota Statutes 2004, section 203B.20, is amended to read:

 

      203B.20 [CHALLENGES.]

 

      Except as provided in this section, the eligibility or residence of a voter whose application for absentee ballots is recorded under section 203B.19 may be challenged in the manner set forth by section 201.195. The county auditor or municipal clerk shall not be required to serve a copy of the petition and notice of hearing on the challenged voter. If the absentee ballot application was submitted on behalf of a voter by an individual authorized under section 203B.17, subdivision 1, paragraph (a), the county auditor must attempt to notify the individual who submitted the application of the challenge. The county auditor may contact other registered voters to request information that may resolve any discrepancies appearing in the application. All reasonable doubt shall be resolved in favor of the validity of the application. If the voter's challenge is affirmed, the county auditor shall provide the challenged voter with a copy of the petition and the decision and shall inform the voter of the right to appeal as provided in section 201.195.

 

      Sec. 28. Minnesota Statutes 2004, section 203B.21, subdivision 1, is amended to read:

 

      Subdivision 1. [FORM.] Absentee ballots under sections 203B.16 to 203B.27 shall conform to the requirements of the Minnesota Election Law, except that modifications in the size or form of ballots or envelopes may be made if necessary to satisfy the requirements of the United States postal service. The return envelope must be designed in one of the following ways:

 

      (1) it must be of sufficient size to contain an additional envelope that when sealed, conceals the signature, identification, and other information; or

 

      (2) it must provide an additional flap that when sealed, conceals the signature, identification, and other information.

 

The flap or the additional envelope must be perforated to permit election officials to inspect the returned certificate for completeness or to ascertain other information at any time after receiving the returned ballot without opening the return envelope.

 

      Sec. 29. Minnesota Statutes 2004, section 203B.21, subdivision 3, is amended to read:

 

      Subd. 3. [BACK OF RETURN ENVELOPE.] On the back of the return envelope an affidavit form shall appear with space for:

 

      (a) The voter's address of present or former residence in Minnesota;

 

      (b) A statement indicating the category described in section 203B.16 to which the voter belongs;

 

      (c) A statement that the voter has not cast and will not cast another absentee ballot in the same election or elections;


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                (d) A statement that the voter personally marked the ballots without showing them to anyone, or if physically unable to mark them, that the voter directed another individual to mark them; and

 

      (e) The voter's military identification card number, passport number, or, if the voter does not have a valid passport or identification card, the signature and certification of an individual authorized to administer oaths under federal law or the law of the place where the oath was administered or a commissioned or noncommissioned officer personnel of the military not below the rank of sergeant or its equivalent.

 

      The affidavit shall also contain a signed and dated oath in the form required by section 705 of the Help America Vote Act, Public Law 107-252, which must read:

 

      "I swear or affirm, under penalty of perjury, that:

 

      I am a member of the uniformed services or merchant marine on active duty or an eligible spouse or dependent of such a member; a United States citizen temporarily residing outside the United States; or other United States citizen residing outside the United States; and I am a United States citizen, at least 18 years of age (or will be by the date of the election), and I am eligible to vote in the requested jurisdiction; I have not been convicted of a felony, or other disqualifying offense, or been adjudicated mentally incompetent, or, if so, my voting rights have been reinstated; and I am not registering, requesting a ballot, or voting in any other jurisdiction in the United States except the jurisdiction cited in this voting form. In voting, I have marked and sealed my ballot in private and have not allowed any person to observe the marking of the ballot, except for those authorized to assist voters under state or federal law. I have not been influenced.

 

      My signature and date below indicate when I completed this document.

 

      The information on this form is true, accurate, and complete to the best of my knowledge. I understand that a material misstatement of fact in completion of this document may constitute grounds for a conviction for perjury."

 

      Sec. 30. Minnesota Statutes 2004, section 203B.24, subdivision 1, is amended to read:

 

      Subdivision 1. [CHECK OF VOTER ELIGIBILITY; PROPER EXECUTION OF AFFIDAVIT.] Upon receipt of an absentee ballot returned as provided in sections 203B.16 to 203B.27, the election judges shall compare the voter's name with the names appearing on their copy of the application records to insure that the ballot is from a voter eligible to cast an absentee ballot under sections 203B.16 to 203B.27. Any discrepancy or disqualifying fact shall be noted on the envelope by the election judges. The election judges shall mark the return envelope "Accepted" and initial or sign the return envelope below the word "Accepted" if the election judges are satisfied that:

 

      (1) the voter's name on the return envelope appears in substantially the same form as on the application records provided to the election judges by the county auditor;

 

      (2) the voter has signed the federal oath prescribed pursuant to section 705(b)(2) of the Help America Vote Act, Public Law 107-252;

 

      (3) the voter has set forth the voter's military identification number or passport number or, if those numbers do not appear, a person authorized to administer oaths under federal law or the law of the place where the oath was administered or a witness who is military personnel with a rank at or above the rank of sergeant or its equivalent has signed the ballot; and

 

      (4) the voter has not already voted at that election, either in person or by absentee ballot.


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                An absentee ballot case pursuant to sections 203B.16 to 203B.27 may only be rejected for the lack of one of clauses (1) to (4). In particular, failure to place the envelope within the security envelope before placing it in the outer white envelope is not a reason to reject an absentee ballot.

 

      Election judges must note the reason for rejection on the back of the envelope in the space provided for that purpose.

 

      Failure to return unused ballots shall not invalidate a marked ballot, but a ballot shall not be counted if the affidavit on the return envelope is not properly executed. In all other respects the provisions of the Minnesota Election Law governing deposit and counting of ballots shall apply.

 

      Sec. 31. Minnesota Statutes 2004, section 204B.06, subdivision 1, is amended to read:

 

      Subdivision 1. [FORM OF AFFIDAVIT.] (a) An affidavit of candidacy shall state the name of the office sought and, except as provided in subdivision 4, shall state that the candidate:

 

      (1) is an eligible voter;

 

      (2) has no other affidavit on file as a candidate for any office at the same primary or next ensuing general election, except that a candidate for soil and water conservation district supervisor in a district not located in whole or in part in Anoka, Hennepin, Ramsey, or Washington County, may also have on file an affidavit of candidacy for mayor or council member of a statutory or home rule charter city of not more than 2,500 population contained in whole or in part in the soil and water conservation district or for town supervisor in a town of not more than 2,500 population contained in whole or in part in the soil and water conservation district; and

 

      (3) is, or will be on assuming the office, 21 years of age or more, and will have maintained residence in the district from which the candidate seeks election for 30 days before the general election.

 

      An affidavit of candidacy must include a statement that the candidate's name as written on the affidavit for ballot designation is the candidate's true name or the name by which the candidate is commonly and generally known in the community.

 

      An affidavit of candidacy for partisan office shall also state the name of the candidate's political party or political principle, stated in three words or less.

 

      (b) Candidates for president or vice-president of the United States are not required to file an affidavit of candidacy for office and this subdivision does not apply to those candidates.

 

      Sec. 32. Minnesota Statutes 2004, section 204B.06, subdivision 4, is amended to read:

 

      Subd. 4. [PARTICULAR FEDERAL OFFICES.] Candidates for president or vice-president of the United States are not required to file an affidavit of candidacy for office. Candidates who seek nomination for the following offices office of United States senator or representative shall state the following additional information on the affidavit:

 

      (a) (1) for United States senator, that the candidate will be an inhabitant of this state when elected and will be 30 years of age or older and a citizen of the United States for not less than nine years on the next January 3 or, in the case of an election to fill a vacancy, within 21 days after the special election; and


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                (b) (2) for United States representative, that the candidate will be an inhabitant of this state when elected and will be 25 years of age or older and a citizen of the United States for not less than seven years on the next January 3 or, in the case of an election to fill a vacancy, within 21 days after the special election;.

 

      Subd. 4a. [STATE AND LOCAL OFFICES.] Candidates who seek nomination for the following offices shall state the following additional information on the affidavit:

 

      (c) (1) for governor or lieutenant governor, that on the first Monday of the next January the candidate will be 25 years of age or older and, on the day of the state general election, a resident of Minnesota for not less than one year;

 

      (d) (2) for Supreme Court justice, Court of Appeals judge, or district court judge, that the candidate is learned in the law;

 

      (e) (3) for county, municipal, school district, or special district office, that the candidate meets any other qualifications for that office prescribed by law;

 

      (f) (4) for senator or representative in the legislature, that on the day of the general or special election to fill the office the candidate will have resided not less than one year in the state and not less than six months in the legislative district from which the candidate seeks election.

 

      Sec. 33. Minnesota Statutes 2004, section 204B.10, subdivision 6, is amended to read:

 

      Subd. 6. [INELIGIBLE VOTER.] Upon receipt of a certified copy of a final judgment or order of a court of competent jurisdiction that a person who has filed an affidavit of candidacy or who has been nominated by petition:

 

      (1) has been convicted of treason or a felony and the person's civil rights have not been restored;

 

      (2) is under guardianship of the person in which the court order revokes the ward's right to vote; or

 

      (3) has been found by a court of law to be legally incompetent;

 

the filing officer shall notify the person by certified mail at the address shown on the affidavit or petition, and, for offices other than President of the United States, Vice President of the United States, United States Senator, and United States Representative in Congress, shall not certify the person's name to be placed on the ballot. The actions of a filing officer under this subdivision are subject to judicial review under section 204B.44.

 

      Sec. 34. Minnesota Statutes 2004, section 204B.14, subdivision 2, is amended to read:

 

      Subd. 2. [SEPARATE PRECINCTS; COMBINED POLLING PLACE.] (a) The following shall constitute at least one election precinct:

 

      (1) each city ward; and

 

      (2) each town and each statutory city.

 

      (b) A single, accessible, combined polling place may be established no later than June 1 of any year:

 

      (1) for any city of the third or fourth class, any town, or any city having territory in more than one county, in which all the voters of the city or town shall cast their ballots;


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                (2) for two contiguous precincts in the same municipality that have a combined total of fewer than 500 registered voters; or

 

      (3) for up to four contiguous municipalities located entirely outside the metropolitan area, as defined by section 473.121, subdivision 2 200.02, subdivision 24, that are contained in the same county.

 

      A copy of the ordinance or resolution establishing a combined polling place must be filed with the county auditor within 30 days after approval by the governing body. A polling place combined under clause (3) must be approved by the governing body of each participating municipality. A municipality withdrawing from participation in a combined polling place must do so by filing a resolution of withdrawal with the county auditor no later than May 1 of any year.

 

      The secretary of state shall provide a separate polling place roster for each precinct served by the combined polling place. A single set of election judges may be appointed to serve at a combined polling place. The number of election judges required must be based on the total number of persons voting at the last similar election in all precincts to be voting at the combined polling place. Separate ballot boxes must be provided for the ballots from each precinct. The results of the election must be reported separately for each precinct served by the combined polling place, except in a polling place established under clause (2) where one of the precincts has fewer than ten registered voters, in which case the results of that precinct must be reported in the manner specified by the secretary of state.

 

      Sec. 35. Minnesota Statutes 2004, section 204B.16, subdivision 1, is amended to read:

 

      Subdivision 1. [AUTHORITY; LOCATION.] The governing body of each municipality and of each county with precincts in unorganized territory shall designate by ordinance or resolution a polling place for each election precinct. Polling places must be designated and ballots must be distributed so that no one is required to go to more than one polling place to vote in a school district and municipal election held on the same day. The polling place for a precinct in a city or in a school district located in whole or in part in the metropolitan area defined by section 473.121 200.02, subdivision 24, shall be located within the boundaries of the precinct or within 3,000 feet of one of those boundaries unless a single polling place is designated for a city pursuant to section 204B.14, subdivision 2, or a school district pursuant to section 205A.11. The polling place for a precinct in unorganized territory may be located outside the precinct at a place which is convenient to the voters of the precinct. If no suitable place is available within a town or within a school district located outside the metropolitan area defined by section 473.121 200.02, subdivision 24, then the polling place for a town or school district may be located outside the town or school district within five miles of one of the boundaries of the town or school district.

 

      Sec. 36. Minnesota Statutes 2004, section 204B.16, subdivision 5, is amended to read:

 

      Subd. 5. [ACCESS BY ELDERLY AND HANDICAPPED PERSONS WITH DISABILITIES.] Each polling place shall be accessible to and usable by elderly individuals and physically handicapped individuals with disabilities. A polling place is deemed to be accessible and usable if it complies with the standards in paragraphs (a) to (f).

 

      (a) At least one set of doors must have a minimum width of 31 32 inches if the doors must be used to enter or leave the polling place.

 

      (b) Any curb adjacent to the main entrance to a polling place must have curb cuts or temporary ramps. Where the main entrance is not the accessible entrance, any curb adjacent to the accessible entrance must also have curb cuts or temporary ramps.


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                (c) Where the main entrance is not the accessible entrance, a sign shall be posted at the main entrance giving directions to the accessible entrance.

 

      (d) At least one set of stairs must have a temporary handrail and ramp if stairs must be used to enter or leave the polling place.

 

      (e) No barrier in the polling place may impede the path of the physically handicapped persons with disabilities to the voting booth.

 

      (f) At least one handicapped parking space for persons with disabilities, which may be temporarily so designated by the municipality for the day of the election, must be available near the accessible entrance.

 

      The doorway, handrails, ramps, and handicapped parking provided pursuant to this subdivision must conform to the standards specified in the State Building Code for accessibility by handicapped persons with disabilities.

 

      A governing body shall designate as polling places only those places which meet the standards prescribed in this subdivision unless no available place within a precinct is accessible or can be made accessible.

 

      Sec. 37. Minnesota Statutes 2004, section 204B.18, subdivision 1, is amended to read:

 

      Subdivision 1. [BOOTHS; VOTING STATIONS.] Each polling place must contain a number of voting booths or voting stations in proportion to the number of individuals eligible to vote in the precinct. Each booth or station must be at least six feet high, three feet deep and two feet wide with a shelf at least two feet long and one foot wide placed at a convenient height for writing. The booth or station shall be provided with a door or curtains permit the voter to vote privately and independently. Each accessible polling place must have at least one accessible voting booth or other accessible voting station and beginning with federal and state elections held after December 31, 2005, and county, municipal, and school district elections held after December 31, 2007, one voting system that conforms to section 301(a)(3)(B) of the Help America Vote Act, Public Law 107-252. All booths or stations must be constructed so that a voter is free from observation while marking ballots. In all other polling places every effort must be made to provide at least one accessible voting booth or other accessible voting station. During the hours of voting, the booths or stations must have instructions, a pencil, and other supplies needed to mark the ballots. If needed, A chair must be provided for elderly and handicapped voters and voters with disabilities to use while voting or waiting to vote. Stable flat writing surfaces must also be made available to voters who are completing election-related forms. All ballot boxes, voting booths, voting stations, and election judges must be in open public view in the polling place.

 

      Sec. 38. Minnesota Statutes 2004, section 204B.24, is amended to read:

 

      204B.24 [ELECTION JUDGES; OATH.]

 

      Each election judge shall sign the following oath before assuming the duties of the office:

 

      "I .......... solemnly swear that I will perform the duties of election judge according to law and the best of my ability and will diligently endeavor to prevent fraud, deceit and abuse in conducting this election. I will perform my duties in a fair and impartial manner and not attempt to create an advantage for my party or for any candidate."

 

      The oath shall be attached to the summary statement of the election returns of that precinct. If there is no individual present who is authorized to administer oaths, the election judges may administer the oath to each other.


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                Sec. 39. Minnesota Statutes 2004, section 204B.27, subdivision 1, is amended to read:

 

      Subdivision 1. [BLANK FORMS.] At least 25 14 days before every state election the secretary of state shall transmit to each county auditor a sufficient number of blank county abstract forms and other examples of any blank forms to be used as the secretary of state deems necessary for the conduct of the election. County abstract forms may be provided to auditors electronically via the Minnesota State Election Reporting System maintained by the secretary of state, and must be available at least one week prior to the election.

 

      Sec. 40. Minnesota Statutes 2004, section 204C.05, subdivision 1a, is amended to read:

 

      Subd. 1a. [ELECTIONS; ORGANIZED TOWN.] The governing body of a town with less than 500 inhabitants according to the most recent federal decennial census, which is located outside the metropolitan area as defined in section 473.121 200.02, subdivision 2 24, may fix a later time for voting to begin at state primary, special, or general elections, if approved by a vote of the town electors at the annual town meeting. The question of shorter voting hours must be included in the notice of the annual town meeting before the question may be submitted to the electors at the meeting. The later time may not be later than 10:00 a.m. for special, primary, or general elections. The town clerk shall either post or publish notice of the changed hours and notify the county auditor of the change 30 days before the election.

 

      Sec. 41. Minnesota Statutes 2004, section 204C.06, subdivision 2, is amended to read:

 

      Subd. 2. [INDIVIDUALS ALLOWED IN POLLING PLACE; IDENTIFICATION.] (a) Representatives of the secretary of state's office, the county auditor's office, and the municipal or school district clerk's office may be present at the polling place to observe election procedures. Except for these representatives, election judges, sergeants-at-arms, and challengers, an individual may remain inside the polling place during voting hours only while voting or registering to vote, providing proof of residence for an individual who is registering to vote, or assisting a handicapped voter or a voter who is unable to read English. During voting hours no one except individuals receiving, marking, or depositing ballots shall approach within six feet of a voting booth, unless lawfully authorized to do so by an election judge.

 

      (b) Teachers and elementary or secondary school students participating in an educational activity authorized by section 204B.27, subdivision 7, may be present at the polling place during voting hours.

 

      (c) Each official on duty in the polling place must wear an identification badge that shows their role in the election process. The badge must not show their party affiliation.

 

      Sec. 42. Minnesota Statutes 2004, section 204C.07, is amended by adding a subdivision to read:

 

      Subd. 3a. [RESIDENCE REQUIREMENT.] A challenger must be a resident of this state.

 

      Sec. 43. Minnesota Statutes 2004, section 204C.07, subdivision 4, is amended to read:

 

      Subd. 4. [RESTRICTIONS ON CONDUCT.] An election judge may not be appointed as a challenger. The election judges shall permit challengers appointed pursuant to this section to be present in the polling place during the hours of voting and to remain there until the votes are counted and the results declared. No challenger shall handle or inspect registration cards, files, or lists. Challengers shall not prepare in any manner any list of individuals who have or have not voted. They shall not attempt to influence voting in any manner. They shall not converse with a voter except to determine, in the presence of an election judge, whether the voter is eligible to vote in the precinct.


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                Sec. 44. Minnesota Statutes 2004, section 204C.08, subdivision 1a, is amended to read:

 

      Subd. 1a. [VOTER'S BILL OF RIGHTS.] The county auditor shall prepare and provide to each polling place sufficient copies of a poster setting forth the Voter's Bill of Rights as set forth in this section. Before the hours of voting are scheduled to begin, the election judges shall post it in a conspicuous location or locations in the polling place. The Voter's Bill of Rights is as follows:

 

"VOTER'S BILL OF RIGHTS

 

      For all persons residing in this state who meet federal voting eligibility requirements:

 

      (1) You have the right to be absent from work for the purpose of voting during the morning of election day.

 

      (2) If you are in line at your polling place any time between 7:00 a.m. and 8:00 p.m., you have the right to vote.

 

      (3) If you can provide the required proof of residence, you have the right to register to vote and to vote on election day.

 

      (4) If you are unable to sign your name, you have the right to orally confirm your identity with an election judge and to direct another person to sign your name for you.

 

      (5) You have the right to request special assistance when voting.

 

      (6) If you need assistance, you may be accompanied into the voting booth by a person of your choice, except by an agent of your employer or union or a candidate.

 

      (7) You have the right to bring your minor children into the polling place and into the voting booth with you.

 

      (8) If you have been convicted of a felony but your civil rights have been restored your felony sentence has expired (been completed) or you have been discharged from your sentence, you have the right to vote.

 

      (9) If you are under a guardianship, you have the right to vote, unless the court order revokes your right to vote.

 

      (10) You have the right to vote without anyone in the polling place trying to influence your vote.

 

      (10) (11) If you make a mistake or spoil your ballot before it is submitted, you have the right to receive a replacement ballot and vote.

 

      (11) (12) You have the right to file a written complaint at your polling place if you are dissatisfied with the way an election is being run.

 

      (12) (13) You have the right to take a sample ballot into the voting booth with you.

 

      (13) (14) You have the right to take a copy of this Voter's Bill of Rights into the voting booth with you."

 

      Sec. 45. Minnesota Statutes 2004, section 204C.10, is amended to read:

 

      204C.10 [PERMANENT REGISTRATION; VERIFICATION OF REGISTRATION.]

 

      (a) An individual seeking to vote shall sign a polling place roster which states that the individual is at least 18 years of age, a citizen of the United States, has resided in Minnesota for 20 days immediately preceding the election, maintains residence at the address shown, is not under a guardianship in which the individual has not retained court order revokes the individual's right to vote, has not been found by a court of law to be legally incompetent to vote or


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convicted of a felony without having civil rights restored, is registered and has not already voted in the election. The roster must also state: "I understand that deliberately providing false information is a felony punishable by not more than five years imprisonment and a fine of not more than $10,000, or both."

 

      (b) A judge may, before the applicant signs the roster, confirm the applicant's name, address, and date of birth.

 

      (c) After the applicant signs the roster, the judge shall give the applicant a voter's receipt. The voter shall deliver the voter's receipt to the judge in charge of ballots as proof of the voter's right to vote, and thereupon the judge shall hand to the voter the ballot. The voters' receipts must be maintained during the time for notice of filing an election contest.

 

      Sec. 46. Minnesota Statutes 2004, section 204C.12, subdivision 2, is amended to read:

 

      Subd. 2. [STATEMENT OF GROUNDS; OATH.] The challenger shall state the ground for the challenge, and A challenger must be a resident of this state. The secretary of state shall prepare a form that challengers must complete and sign when making a challenge. The form must include space to state the ground for the challenge, a statement that the challenge is based on the challenger's personal knowledge, and a statement that the challenge is made under oath. The form must include a space for the challenger's printed name, signature, telephone number, and address.

 

      An election judge shall administer to the challenged individual the following oath:

 

      "Do you solemnly swear that you will fully and truly answer all questions put to you concerning your eligibility to vote at this election?"

 

      The election judge shall then ask the challenged individual sufficient questions to test that individual's residence and right to vote.

 

      Sec. 47. Minnesota Statutes 2004, section 204C.24, subdivision 1, is amended to read:

 

      Subdivision 1. [INFORMATION REQUIREMENTS.] Precinct summary statements shall be submitted by the election judges in every precinct. For state all elections, the election judges shall complete three or more copies of the summary statements, and each copy shall contain the following information for each kind of ballot:

 

      (a) the number of votes each candidate received or the number of yes and no votes on each question, the number of undervotes or partially blank ballots, and the number of overvotes or partially defective ballots with respect to each office or question;

 

      (b) the number of totally blank ballots, the number of totally defective ballots, the number of spoiled ballots, and the number of unused ballots;

 

      (c) the number of individuals who voted at the election in the precinct;

 

      (d) the number of voters registering on election day in that precinct; and

 

      (e) the signatures of the election judges who counted the ballots certifying that all of the ballots cast were properly piled, checked, and counted; and that the numbers entered by the election judges on the summary statements correctly show the number of votes cast for each candidate and for and against each question.

 

      At least two copies of the summary statement must be prepared for elections not held on the same day as the state elections.


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                Sec. 48. Minnesota Statutes 2004, section 204C.28, subdivision 1, is amended to read:

 

      Subdivision 1. [COUNTY AUDITOR.] Every county auditor shall remain at the auditor's office to receive delivery of the returns, to permit public inspection of the summary statements, and to tabulate the votes until all have been tabulated and the results made known, or until 24 hours have elapsed since the end of the hours for voting, whichever occurs first. Every county auditor shall, in the presence of the municipal clerk or the election judges who deliver the returns, make a record of all materials delivered, the time of delivery, and the names of the municipal clerk or election judges who made delivery. The county auditor shall file the record and all envelopes containing ballots in a safe and secure place with envelope seals unbroken. Access to the record and ballots shall be strictly controlled. Accountability and a record of access shall be maintained by the county auditor during the period for contesting elections or, if a contest is filed, until the contest has been finally determined. Thereafter, the record shall be retained in the auditor's office for the same period as the ballots as provided in section 204B.40.

 

      The county auditor shall file all envelopes containing ballots in a safe place with seals unbroken. If the envelopes were previously opened by proper authority for examination or recount, the county auditor shall have the envelopes sealed again and signed by the individuals who made the inspection or recount. The envelopes may be opened by the county canvassing board if necessary to procure election returns that the election judges inadvertently may have sealed in the envelopes with the ballots. In that case, the envelopes shall be sealed again and signed in the same manner as otherwise provided in this subdivision.

 

      Sec. 49. Minnesota Statutes 2004, section 204C.50, subdivision 1, is amended to read:

 

      Subdivision 1. [SELECTION FOR REVIEW; NOTICE.] (a) Postelection review under this section must be conducted only on the election for president, senator or representative in Congress, constitutional offices, and legislative offices.

 

      (b) The Office of the Secretary of State shall, within three days after each state general election beginning in 2006, randomly select 80 precincts for postelection review as defined in this section. The precincts must be selected so that an equal number of precincts are selected in each congressional district of the state. Of the precincts in each congressional district, at least five must have had more than 500 votes cast, and at least two must have had fewer than 500 votes cast. The secretary of state must promptly provide notices of which precincts are chosen to the election administration officials who are responsible for the conduct of elections in those precincts.

 

      (b) (c) One week before the state general election beginning in 2006, the secretary of state must post on the office Web site the date, time, and location at which precincts will be randomly chosen for review under this section. The chair of each major political party may appoint a designee to observe the random selection process.

 

      Sec. 50. Minnesota Statutes 2004, section 204C.50, subdivision 2, is amended to read:

 

      Subd. 2. [SCOPE AND CONDUCT OF REVIEW.] Each review is limited to federal and state offices and must consist of at least the following:

 

      (a) The election officials immediately responsible for a precinct chosen for review must conduct the following review and submit the results in writing to the State Canvassing Board before it meets to canvass the election:

 

      (1) a hand tally of the paper ballots or electronic ballot marker record, of whatever kind used in that precinct, for each contested election;

 

      (2) a recount using the actual machine and software used on election day, if a precinct-count or central-count automated voting system was used; and


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                (3) a comparison of the hand tally with the reported results for the precinct in the county canvassing board report, as well as the actual tape of any automated tabulation produced by any precinct-count or central-count optical scan equipment that may have been used to tabulate votes cast in that precinct.

 

      (b) The staff of the Office of the Secretary of State shall conduct or directly supervise a review of the procedures used by the election officials at all levels for a precinct chosen for review, including an inspection of the materials retained for the official 22-month retention period, such as the rosters, the incident log, and the ballots themselves. The staff must submit a written report to the secretary of state before the next regularly scheduled meeting of the State Canvassing Board.

 

      Sec. 51. Minnesota Statutes 2004, section 204D.03, is amended by adding a subdivision to read:

 

      Subd. 3. [EXCEPTION; CERTAIN PARTISAN CANDIDATES.] (a) If no more than one candidate files for nomination by a major political party for a partisan office, the candidate who filed must be declared the nominee upon the close of filing. If every candidate for a partisan office has been declared the nominee upon the close of filing, the office must be omitted from the state primary ballot. If all offices, both partisan and nonpartisan, have been omitted from the state primary ballot in a municipality or county, the governing body of the municipality or county may decide that the state primary will not be conducted in that municipality or county.

 

      (b) Within 15 days after the close of filing, each municipal clerk or county auditor whose governing body has decided not to conduct the state primary shall post notice that the offices have been so omitted and the state primary canceled and shall send a copy of the notice to the secretary of state.

 

      Sec. 52. Minnesota Statutes 2004, section 204D.14, subdivision 3, is amended to read:

 

      Subd. 3. [UNCONTESTED JUDICIAL OFFICES.] Judicial offices for a specific court for which there is only one candidate filed must appear after all other judicial offices for that same court on the canary ballot.

 

      Sec. 53. Minnesota Statutes 2004, section 204D.27, subdivision 5, is amended to read:

 

      Subd. 5. [CANVASS; SPECIAL PRIMARY; STATE CANVASSING BOARD.] Not later than four days after the returns of the county canvassing boards are certified to the secretary of state, the State Canvassing Board shall complete its canvass of the special primary. The secretary of state shall then promptly certify to the county auditors the names of the nominated individuals, prepare notices of nomination, and notify each nominee of the nomination.

 

      Sec. 54. Minnesota Statutes 2004, section 205.175, subdivision 2, is amended to read:

 

      Subd. 2. [METROPOLITAN AREA MUNICIPALITIES.] The governing body of a municipality which is located within a metropolitan county as defined by section 473.121 included in the definition of metropolitan area in section 200.02, subdivision 24, may designate the time during which the polling places will remain open for voting at the next succeeding and all subsequent municipal elections, provided that the polling places shall open no later than 10:00 a.m. and shall close no earlier than 8:00 p.m. The resolution shall remain in force until it is revoked by the municipal governing body.

 

      Sec. 55. Minnesota Statutes 2004, section 205A.09, subdivision 1, is amended to read:

 

      Subdivision 1. [METROPOLITAN AREA SCHOOL DISTRICTS.] At a school district election in a school district located in whole or in part within a metropolitan county as defined by section 473.121 included in the definition of metropolitan area in section 200.02, subdivision 24, the school board, by resolution adopted before giving notice of the election, may designate the time during which the polling places will remain open for voting at the next succeeding and all later school district elections. The polling places must open no later than 10:00 a.m. and close no earlier than 8:00 p.m. The resolution shall remain in force until it is revoked by the school board.


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                Sec. 56. Minnesota Statutes 2004, section 206.57, subdivision 5, is amended to read:

 

      Subd. 5. [VOTING SYSTEM FOR DISABLED VOTERS.] In federal and state elections held after December 31, 2005, and in county, municipal, and school district elections held after December 31, 2007, the voting method used in each polling place must include a voting system that is accessible for individuals with disabilities, including nonvisual accessibility for the blind and visually impaired in a manner that provides the same opportunity for access and participation, including privacy and independence, as for other voters.

 

      Sec. 57. Minnesota Statutes 2004, section 208.03, is amended to read:

 

      208.03 [NOMINATION OF PRESIDENTIAL ELECTORS.]

 

      Presidential electors for the major political parties of this state shall be nominated by delegate conventions called and held under the supervision of the respective state central committees of the parties of this state. On or before primary election day the chair of the major political party shall certify to the secretary of state the names of the persons nominated as presidential electors, the names of eight alternate presidential electors, and the names of the party candidates for president and vice-president.

 

      Sec. 58. Minnesota Statutes 2004, section 208.04, subdivision 1, is amended to read:

 

      Subdivision 1. [FORM OF PRESIDENTIAL BALLOTS.] When presidential electors and alternates are to be voted for, a vote cast for the party candidates for president and vice-president shall be deemed a vote for that party's electors and alternates as filed with the secretary of state. The secretary of state shall certify the names of all duly nominated presidential and vice-presidential candidates to the county auditors of the counties of the state. Each county auditor, subject to the rules of the secretary of state, shall cause the names of the candidates of each major political party and the candidates nominated by petition to be printed in capital letters, set in type of the same size and style as for candidates on the state white ballot, before the party designation. To the left of, and on the same line with the names of the candidates for president and vice-president, near the margin, shall be placed a square or box, in which the voters may indicate their choice by marking an "X."

 

      The form for the presidential ballot and the relative position of the several candidates shall be determined by the rules applicable to other state officers. The state ballot, with the required heading, shall be printed on the same piece of paper and shall be below the presidential ballot with a blank space between one inch in width.

 

      Sec. 59. Minnesota Statutes 2004, section 208.05, is amended to read:

 

      208.05 [STATE CANVASSING BOARD.]

 

      The State Canvassing Board at its meeting on the second Tuesday after each state general election shall open and canvass the returns made to the secretary of state for presidential electors and alternates, prepare a statement of the number of votes cast for the persons receiving votes for these offices, and declare the person or persons receiving the highest number of votes for each office duly elected. When it appears that more than the number of persons to be elected as presidential electors or alternates have the highest and an equal number of votes, the secretary of state, in the presence of the board shall decide by lot which of the persons shall be declared elected. The governor shall transmit to each person declared elected a certificate of election, signed by the governor, sealed with the state seal, and countersigned by the secretary of state.


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                Sec. 60. Minnesota Statutes 2004, section 208.06, is amended to read:

 

      208.06 [ELECTORS TO MEET AT CAPITOL; FILLING OF VACANCIES.]

 

      The presidential electors and alternate presidential electors, before 12:00 M. on the day before that fixed by Congress for the electors to vote for president and vice-president of the United States, shall notify the governor that they are at the State Capitol and ready at the proper time to fulfill their duties as electors. The governor shall deliver to the electors present a certificate of the names of all the electors. If any elector named therein fails to appear before 9:00 a.m. on the day, and at the place, fixed for voting for president and vice-president of the United States, an alternate, chosen from among the alternates by lot, shall be appointed to act for that elector. If more than eight alternates are necessary, the electors present shall, in the presence of the governor, immediately elect by ballot a person to fill the vacancy. If more than the number of persons required have the highest and an equal number of votes, the governor, in the presence of the electors attending, shall decide by lot which of those persons shall be elected.

 

      Sec. 61. Minnesota Statutes 2004, section 208.07, is amended to read:

 

      208.07 [CERTIFICATE OF ELECTORS.]

 

      Immediately after the vacancies have been filled, the original electors and alternates present shall certify to the governor the names of the persons elected to complete their number, and the governor shall at once cause written notice to be given to each person elected to fill a vacancy. The persons so chosen shall be presidential electors and shall meet and act with the other electors.

 

      Sec. 62. Minnesota Statutes 2004, section 208.08, is amended to read:

 

      208.08 [ELECTORS TO MEET AT STATE CAPITOL.]

 

      The original, alternate, and substituted presidential electors, at 12:00 M., shall meet in the executive chamber at the State Capitol and shall perform all the duties imposed upon them as electors by the Constitution and laws of the United States and this state.

 

      Each elector, as a condition of having been chosen under the name of the party of a presidential and a vice-presidential candidate, is obligated to vote for those candidates. The elector shall speak aloud or affirm in a nonverbal manner the name of the candidate for president and for vice-president for whom the elector is voting and then confirm that vote by written public ballot.

 

      If an elector fails to cast a ballot for the presidential or vice-presidential candidate of the party under whose name the elector was chosen, the elector's vote or abstention is invalidated and an alternate presidential elector, chosen by lot from among the alternates, shall cast a ballot in the name of the elector for the presidential and vice-presidential candidate of the party under whose name the elector was chosen. The invalidation of an elector's vote or abstention on the ballot for president or vice-president does not apply if the presidential candidate under whose party's name the elector was chosen has without condition released the elector or has died or become mentally disabled.

 

      Sec. 63. Minnesota Statutes 2004, section 211B.13, subdivision 1, is amended to read:

 

      Subdivision 1. [BRIBERY, ADVANCING MONEY, AND TREATING PROHIBITED.] A person who willfully, directly or indirectly, advances, pays, gives, promises, or lends any money, food, liquor, clothing, entertainment, or other thing of monetary value, or who offers, promises, or endeavors to obtain any money, position, appointment, employment, or other valuable consideration, to or for a person, in order to induce a voter to refrain from voting, or to vote in a particular way, at an election, is guilty of a felony. This section does not prevent


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a candidate from stating publicly preference for or support of another candidate to be voted for at the same primary or election. Refreshments of food or nonalcoholic beverages of nominal having a value up to $5 consumed on the premises at a private gathering or public meeting are not prohibited under this section.

 

      Sec. 64. Minnesota Statutes 2004, section 383B.151, is amended to read:

 

      383B.151 [FINANCIAL INTEREST FORBIDDEN.]

 

      No official, person authorized to make purchases, or county employee shall be financially interested, either directly or indirectly, in any contract or purchase order for any goods, materials, supplies, equipment or contracted service furnished to or used by any department, board, commission or agency of the county government. No public official, person authorized to make purchases, or county employee may accept or receive, directly or indirectly from any person, firm or corporation to which any contract or purchase order may be awarded any money or anything of value whatsoever or any promise, obligation or contract for future reward or compensation, except as authorized under section 10A.071, subdivision 3, or 471.895, subdivision 3. Any violation of the provisions of this section shall be a gross misdemeanor.

 

      Sec. 65. Minnesota Statutes 2004, section 447.32, subdivision 4, is amended to read:

 

      Subd. 4. [CANDIDATES; BALLOTS; CERTIFYING ELECTION.] A person who wants to be a candidate for the hospital board shall file an affidavit of candidacy for the election either as member at large or as a member representing the city or town where the candidate resides. The affidavit of candidacy must be filed with the city or town clerk not more than ten weeks 70 days nor less than eight weeks 56 days before the first Tuesday after the second first Monday in September November of the year in which the general election is held. The city or town clerk must forward the affidavits of candidacy to the clerk of the hospital district or, for the first election, the clerk of the most populous city or town immediately after the last day of the filing period. A candidate may withdraw from the election by filing an affidavit of withdrawal with the clerk of the district no later than 5:00 p.m. two days after the last day to file affidavits of candidacy.

 

      Voting must be by secret ballot. The clerk shall prepare, at the expense of the district, necessary ballots for the election of officers. Ballots must be printed on tan paper and prepared as provided in the rules of the secretary of state. The ballots must be marked and initialed by at least two judges as official ballots and used exclusively at the election. Any proposition to be voted on may be printed on the ballot provided for the election of officers. The hospital board may also authorize the use of voting systems subject to chapter 206. Enough election judges may be appointed to receive the votes at each polling place. The election judges shall act as clerks of election, count the ballots cast, and submit them to the board for canvass.

 

      After canvassing the election, the board shall issue a certificate of election to the candidate who received the largest number of votes cast for each office. The clerk shall deliver the certificate to the person entitled to it in person or by certified mail. Each person certified shall file an acceptance and oath of office in writing with the clerk within 30 days after the date of delivery or mailing of the certificate. The board may fill any office as provided in subdivision 1 if the person elected fails to qualify within 30 days, but qualification is effective if made before the board acts to fill the vacancy.

 

      Sec. 66. Minnesota Statutes 2004, section 471.895, subdivision 3, is amended to read:

 

      Subd. 3. [EXCEPTIONS.] (a) The prohibitions in this section do not apply if the gift is:

 

      (1) a contribution as defined in section 211A.01, subdivision 5;


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                (2) services to assist an official in the performance of official duties, including but not limited to providing advice, consultation, information, and communication in connection with legislation, and services to constituents;

 

      (3) services of insignificant monetary value;

 

      (4) a plaque or similar memento recognizing individual services in a field of specialty or to a charitable cause;

 

      (5) a trinket or memento of insignificant value costing $5 or less;

 

      (6) informational material of unexceptional value; or

 

      (7) food or a beverage given at a reception, meal, or meeting away from the recipient's place of work by an organization before whom the recipient appears to make a speech or answer questions as part of a program.

 

      (b) The prohibitions in this section do not apply if the gift is given:

 

      (1) because of the recipient's membership in a group, a majority of whose members are not local officials, and an equivalent gift is given or offered to the other members of the group;

 

      (2) by an interested person who is a member of the family of the recipient, unless the gift is given on behalf of someone who is not a member of that family; or

 

      (3) by a national or multistate organization of governmental organizations or public officials, if a majority of the dues to the organization are paid from public funds, to attendees at a conference sponsored by that organization, if the gift is food or a beverage given at a reception or meal and an equivalent gift is given or offered to all other attendees.

 

      Sec. 67. Minnesota Statutes 2004, section 524.5-310, is amended to read:

 

      524.5-310 [FINDINGS; ORDER OF APPOINTMENT.]

 

      (a) The court may appoint a limited or unlimited guardian for a respondent only if it finds by clear and convincing evidence that:

 

      (1) the respondent is an incapacitated person; and

 

      (2) the respondent's identified needs cannot be met by less restrictive means, including use of appropriate technological assistance.

 

      (b) Alternatively, the court, with appropriate findings, may treat the petition as one for a protective order under section 524.5-401, enter any other appropriate order, or dismiss the proceeding.

 

      (c) The court shall grant to a guardian only those powers necessitated by the ward's limitations and demonstrated needs and, whenever feasible, make appointive and other orders that will encourage the development of the ward's maximum self-reliance and independence. Any power not specifically granted to the guardian, following a written finding by the court of a demonstrated need for that power, is retained by the ward.

 

      (d) Within 14 days after an appointment, a guardian shall send or deliver to the ward, and counsel if represented at the hearing, a copy of the order of appointment accompanied by a notice which advises the ward of the right to appeal the guardianship appointment in the time and manner provided by the Rules of Appellate Procedure.


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                (e) Each year, within 30 days after the anniversary date of an appointment, a guardian shall send or deliver to the ward a notice of the right to request termination or modification of the guardianship and notice of the status of the ward's right to vote.

 

      Sec. 68. [REPEALER.]

 

      Minnesota Statutes 2004, section 204C.50, subdivision 7, is repealed.

 

      Minnesota Rules, parts 4501.0300, subparts 1 and 4; 4501.0500, subpart 4; 4501.0600; 4503.0200, subpart 4; 4503.0300, subpart 2; 4503.0400, subpart 2; 4503.0500, subpart 9; and 4503.0800, subpart 1, are repealed."

 

      Delete the title and insert:

 

      "A bill for an act relating to government operations; appropriating money for the general legislative and administrative expenses of state government; regulating state and local government operations; modifying provisions related to public employment; ratifying certain labor agreements and compensation plans; regulating elections and campaign finance; regulating Minneapolis teacher pensions; modifying provisions related to the military and veterans; authorizing rulemaking; amending Minnesota Statutes 2004, sections 10A.01, subdivisions 5, 26, 35; 10A.025, by adding a subdivision; 10A.071, subdivision 3; 10A.08; 10A.20, subdivision 5; 10A.27, subdivision 1; 10A.28, subdivision 2; 10A.31, subdivisions 4, 5; 11A.24, subdivision 6; 13.635, by adding a subdivision; 14.19; 15.054; 15.06, by adding a subdivision; 16A.103, by adding a subdivision; 16A.1286, subdivision 3; 16A.151, subdivision 2; 16A.152, subdivision 2; 16A.1522, subdivision 1; 16A.281; 16B.04, subdivision 2; 16B.33, subdivision 4; 16B.48, subdivisions 4, 5; 16C.10, subdivision 7; 16C.144; 16C.16, subdivision 1; 16C.26, subdivisions 3, 4; 16C.28, subdivision 2; 16E.01, subdivisions 1, 3; 16E.02; 16E.03, subdivisions 1, 2, 3, 7; 16E.04; 16E.0465, subdivisions 1, 2; 16E.055; 16E.07, subdivision 8; 43A.23, subdivision 1; 190.16, by adding a subdivision; 192.19; 192.261, subdivision 2; 192.501, subdivision 2; 193.29, subdivision 3; 193.30; 193.31; 197.608, subdivision 5; 200.02, subdivisions 7, 23, by adding a subdivision; 201.014, subdivision 2; 201.061, subdivision 3; 201.071, subdivision 1; 201.091, subdivisions 4, 5; 201.15; 203B.01, subdivision 3; 203B.04, subdivisions 1, 4, by adding a subdivision; 203B.07, subdivision 2; 203B.11, subdivision 1; 203B.12, subdivision 2; 203B.20; 203B.21, subdivisions 1, 3; 203B.24, subdivision 1; 204B.06, subdivisions 1, 4; 204B.10, subdivision 6; 204B.14, subdivision 2; 204B.16, subdivisions 1, 5; 204B.18, subdivision 1; 204B.24; 204B.27, subdivision 1; 204C.05, subdivision 1a; 204C.06, subdivision 2; 204C.07, subdivision 4, by adding a subdivision; 204C.08, subdivision 1a; 204C.10; 204C.12, subdivision 2; 204C.24, subdivision 1; 204C.28, subdivision 1; 204C.50, subdivisions 1, 2; 204D.03, by adding a subdivision; 204D.14, subdivision 3; 204D.27, subdivision 5; 205.175, subdivision 2; 205A.09, subdivision 1; 206.57, subdivision 5; 208.03; 208.04, subdivision 1; 208.05; 208.06; 208.07; 208.08; 211B.13, subdivision 1; 240A.03, subdivision 5, by adding a subdivision; 299C.65, subdivisions 1, 2; 349A.10, subdivision 3; 359.01, by adding a subdivision; 383B.151; 403.36, subdivision 1; 447.32, subdivision 4; 471.895, subdivision 3; 471.975; 507.093; 507.24, subdivision 2; 524.5-310; Laws 1998, chapter 404, section 15, subdivision 2, as amended; Laws 2000, chapter 461, article 4, section 4, as amended; proposing coding for new law in Minnesota Statutes, chapters 5; 6; 8; 10; 14; 15; 16B; 16C; 16E; 43A; 168; 190; 298; 471; 507; repealing Minnesota Statutes 2004, sections 3.9222; 16A.151, subdivision 5; 16A.30; 16B.48, subdivision 3; 16B.52; 16E.0465, subdivision 3; 43A.11, subdivision 2; 197.455, subdivision 3; 204C.50, subdivision 7; 471.68, subdivision 3; Minnesota Rules, parts 4501.0300, subparts 1, 4; 4501.0500, subpart 4; 4501.0600; 4503.0200, subpart 4; 4503.0300, subpart 2; 4503.0400, subpart 2; 4503.0500, subpart 9; 4503.0800, subpart 1."

 

 

      We request adoption of this report and repassage of the bill.

 

      House Conferees: Marty Seifert, Chris DeLaForest and Greg Blaine.

 

      Senate Conferees: Sheila M. Kiscaden, Linda Higgins, James P. Metzen, Jim Vickerman and Cal Larson.


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                Seifert moved that the report of the Conference Committee on H. F. No. 1481 be adopted and that the bill be repassed as amended by the Conference Committee.

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Seifert motion and the roll was called. There were 83 yeas and 50 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Abrams

Anderson, B.

Beard

Blaine

Bradley

Brod

Buesgens

Carlson

Charron

Cornish

Cox

Cybart

Davids

Dean

DeLaForest

Demmer

Dempsey

Dittrich

Dorman

Dorn

Eastlund

Emmer

Erhardt

Erickson

Finstad

Fritz

Garofalo

Gazelka

Gunther

Hackbarth

Hamilton

Heidgerken

Holberg

Hoppe

Hortman

Hosch

Howes

Johnson, J.

Klinzing

Knoblach

Kohls

Krinkie

Lanning

Larson

Lenczewski

Liebling

Magnus

Marquart

McNamara

Meslow

Moe

Nelson, P.

Newman

Nornes

Olson

Opatz

Ozment

Paulsen

Pelowski

Penas

Peppin

Peterson, N.

Powell

Ruth

Ruud

Samuelson

Seifert

Severson

Simpson

Smith

Soderstrom

Sykora

Tingelstad

Urdahl

Vandeveer

Wardlow

Welti

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

      Those who voted in the negative were:

 


Anderson, I.

Atkins

Clark

Davnie

Dill

Eken

Ellison

Entenza

Goodwin

Greiling

Hansen

Hausman

Hilstrom

Hilty

Hornstein

Huntley

Jaros

Johnson, R.

Johnson, S.

Juhnke

Kahn

Kelliher

Koenen

Latz

Lesch

Lieder

Lillie

Loeffler

Mahoney

Mariani

Mullery

Murphy

Nelson, M.

Otremba

Paymar

Peterson, A.

Peterson, S.

Poppe

Rukavina

Sailer

Scalze

Sertich

Sieben

Simon

Slawik

Solberg

Thao

Thissen

Wagenius

Walker


 

 

      The motion prevailed.

 

 

      H. F. No. 1481, A bill for an act relating to government operations; appropriating money for the general legislative and administrative expenses of state government; regulating state and local government operations; modifying provisions related to public employment; ratifying certain labor agreements and compensation plans; regulating elections and campaign finance; regulating Minneapolis teacher pensions; modifying provisions related to the military and veterans; providing conforming amendments; amending Minnesota Statutes 2004, sections 3.011; 3.012; 3.02; 10A.01, subdivisions 5, 21, 23, 26; 10A.025, by adding a subdivision; 10A.071, subdivision 3; 10A.08; 10A.20, subdivisions 2, 5, by adding a subdivision; 10A.27, subdivision 1; 10A.28, subdivision 2; 10A.31, subdivisions 1, 3, 4, 5, 6a; 11A.04; 11A.07, subdivisions 4, 5; 11A.24, subdivision 6; 13.635, by adding a subdivision; 14.19; 15.054; 15B.17, subdivision 1; 16A.103, by adding a subdivision; 16A.1286, subdivisions 2, 3; 16A.152, subdivision 2; 16A.1522, subdivision 1; 16A.281; 16B.52, subdivision 1; 16C.10, subdivision 7; 16C.144;


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16C.16, subdivision 1, by adding a subdivision; 16C.23, by adding a subdivision; 43A.183; 43A.23, subdivision 1; 123B.63, subdivision 3; 126C.17, subdivision 11; 190.16, by adding a subdivision; 192.19; 192.261, subdivisions 1, 2; 192.501, subdivision 2; 193.29, subdivision 3; 193.30; 193.31; 197.608, subdivision 5; 200.02, subdivisions 7, 23, by adding a subdivision; 201.022, by adding a subdivision; 201.061, subdivision 3; 201.071, subdivision 1; 201.091, subdivision 5; 203B.01, subdivision 3; 203B.02, subdivision 1; 203B.04, subdivisions 1, 4, by adding a subdivision; 203B.07, subdivision 2; 203B.11, subdivision 1; 203B.12, subdivision 2; 203B.20; 203B.21, subdivisions 1, 3; 203B.24, subdivision 1; 204B.10, subdivision 6; 204B.14, subdivision 2; 204B.16, subdivisions 1, 5; 204B.18, subdivision 1; 204B.22, subdivision 3; 204B.27, subdivisions 1, 3; 204B.33; 204C.05, subdivision 1a, by adding a subdivision; 204C.08, subdivision 1; 204C.24, subdivision 1; 204C.28, subdivision 1; 204C.50, subdivisions 1, 2; 204D.03, subdivision 1; 204D.14, subdivision 3; 204D.27, subdivision 5; 205.10, subdivision 3; 205.175, subdivision 2; 205A.05, subdivision 1; 205A.09, subdivision 1; 206.56, subdivisions 2, 3, 7, 8, 9, by adding subdivisions; 206.57, subdivisions 1, 5, by adding a subdivision; 206.58, subdivision 1; 206.61, subdivisions 4, 5; 206.64, subdivision 1; 206.80; 206.81; 206.82, subdivisions 1, 2; 206.83; 206.84, subdivisions 1, 3, 6; 206.85, subdivision 1; 206.90, subdivisions 1, 4, 5, 6, 8, 9; 208.03; 208.04, subdivision 1; 208.05; 208.06; 208.07; 208.08; 211B.01, subdivision 3; 240A.02, subdivision 3; 354A.08; 354A.12, subdivisions 3a, 3b; 358.11; 373.40, subdivision 2; 375.20; 394.25, by adding a subdivision; 447.32, subdivision 4; 458.40; 462.357, by adding a subdivision; 465.82, subdivision 2; 465.84; 469.053, subdivision 5; 469.0724; 469.190, subdivision 5; 471.345, by adding a subdivision; 471.975; 473.147, by adding a subdivision; 475.521, subdivision 2; 475.58, subdivisions 1, 1a; 475.59; 507.093; 507.24, subdivision 2; Laws 2000, chapter 461, article 4, section 4, as amended; proposing coding for new law in Minnesota Statutes, chapters 3; 4; 5; 6; 8; 10A; 14; 15; 15B; 16A; 16B; 16C; 43A; 196; 197; 204D; 205; 205A; 206; 298; 354A; 471; 507; proposing coding for new law as Minnesota Statutes, chapter 471B; repealing Minnesota Statutes 2004, sections 16A.151, subdivision 5; 16A.30; 16B.33; 43A.11, subdivision 2; 197.455, subdivision 3; 204B.22, subdivision 2; 204C.05, subdivisions 1a, 1b; 204C.50, subdivision 7; 205.175; 205A.09; 240A.08; 354A.28; Minnesota Rules, parts 4501.0300, subparts 1, 4; 4501.0500, subpart 4; 4501.0600; 4503.0200, subpart 4; 4503.0300, subpart 2; 4503.0400, subpart 2; 4503.0500, subpart 9; 4503.0800, subpart 1.

 

 

      The bill was read for the third time, as amended by Conference, and placed upon its repassage.

 

      The question was taken on the repassage of the bill and the roll was called. There were 108 yeas and 26 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Abrams

Anderson, B.

Beard

Blaine

Bradley

Brod

Buesgens

Carlson

Charron

Cornish

Cox

Cybart

Davids

Davnie

Dean

DeLaForest

Demmer

Dempsey

Dill

Dittrich

Dorman

Dorn

Eastlund

Eken

Ellison

Emmer

Erhardt

Erickson

Finstad

Fritz

Garofalo

Gazelka

Gunther

Hackbarth

Hamilton

Hilstrom

Hilty

Holberg

Hoppe

Hortman

Hosch

Howes

Huntley

Johnson, J.

Johnson, R.

Juhnke

Kahn

Kelliher

Klinzing

Knoblach

Koenen

Kohls

Krinkie

Lanning

Larson

Latz

Lenczewski

Liebling

Lieder

Lillie

Magnus

Mahoney

Marquart

McNamara

Meslow

Moe

Murphy

Nelson, P.

Newman

Nornes

Olson

Opatz

Otremba

Ozment

Paulsen

Pelowski

Penas

Peppin

Peterson, A.

Peterson, N.

Poppe

Powell

Rukavina

Ruth

Ruud

Sailer

Samuelson

Seifert

Severson

Simon

Simpson

Slawik

Smith

Soderstrom

Solberg

Sykora

Thissen

Tingelstad

Urdahl

Vandeveer

Wardlow

Welti

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum



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                Those who voted in the negative were:

 


Anderson, I.

Atkins

Bernardy

Clark

Entenza

Goodwin

Greiling

Hansen

Hausman

Heidgerken

Hornstein

Jaros

Johnson, S.

Lesch

Loeffler

Mariani

Mullery

Nelson, M.

Paymar

Peterson, S.

Scalze

Sertich

Sieben

Thao

Wagenius

Walker


 

 

      The bill was repassed, as amended by Conference, and its title agreed to.

 

 

CONFERENCE COMMITTEE REPORT ON H. F. NO. 874

 

      A bill for an act relating to elections; providing for approval and purpose of certain voting equipment; appropriating money; amending Minnesota Statutes 2004, sections 201.022, by adding a subdivision; 206.80; proposing coding for new law in Minnesota Statutes, chapter 206.

 

May 23, 2005

 

The Honorable Steve Sviggum

Speaker of the House of Representatives

 

The Honorable James P. Metzen

President of the Senate

 

      We, the undersigned conferees for H. F. No. 874, report that we have agreed upon the items in dispute and recommend as follows:

 

      That the Senate recede from its amendment and that H. F. No. 874 be further amended as follows:

 

      Delete everything after the enacting clause and insert:

 

      "Section 1. Minnesota Statutes 2004, section 201.022, is amended by adding a subdivision to read:

 

      Subd. 3. [CONSULTATION WITH LOCAL OFFICIALS.] The secretary of state must consult with representatives of local election officials in the development of the statewide voter registration system.

 

      Sec. 2. Minnesota Statutes 2004, section 204B.14, subdivision 2, is amended to read:

 

      Subd. 2. [SEPARATE PRECINCTS; COMBINED POLLING PLACE.] (a) The following shall constitute at least one election precinct:

 

      (1) each city ward; and

 

      (2) each town and each statutory city.

 

      (b) A single, accessible, combined polling place may be established no later than June 1 of any year:

 

      (1) for any city of the third or fourth class, any town, or any city having territory in more than one county, in which all the voters of the city or town shall cast their ballots;


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                (2) for two contiguous precincts in the same municipality that have a combined total of fewer than 500 registered voters; or

 

      (3) for up to four contiguous municipalities located entirely outside the metropolitan area, as defined by section 473.121, subdivision 2, that are contained in the same county; or

 

      (4) for noncontiguous precincts located in one or more counties.

 

      A copy of the ordinance or resolution establishing a combined polling place must be filed with the county auditor within 30 days after approval by the governing body. A polling place combined under clause (3) must be approved by the governing body of each participating municipality. A polling place combined under clause (4) must be approved by the governing body of each participating municipality and the secretary of state and may be located outside any of the noncontiguous precincts. A municipality withdrawing from participation in a combined polling place must do so by filing a resolution of withdrawal with the county auditor no later than May 1 of any year.

 

      The secretary of state shall provide a separate polling place roster for each precinct served by the combined polling place. A single set of election judges may be appointed to serve at a combined polling place. The number of election judges required must be based on the total number of persons voting at the last similar election in all precincts to be voting at the combined polling place. Separate ballot boxes must be provided for the ballots from each precinct. The results of the election must be reported separately for each precinct served by the combined polling place, except in a polling place established under clause (2) where one of the precincts has fewer than ten registered voters, in which case the results of that precinct must be reported in the manner specified by the secretary of state.

 

      Sec. 3. Minnesota Statutes 2004, section 206.56, is amended by adding a subdivision to read:

 

      Subd. 1a. [ASSISTIVE VOTING TECHNOLOGY.] "Assistive voting technology" means touch-activated screen, buttons, keypad, sip-and-puff input device, keyboard, earphones, or any other device used with an electronic ballot marker that assists voters to use an audio or electronic ballot display in order to cast votes.

 

      Sec. 4. Minnesota Statutes 2004, section 206.56, is amended by adding a subdivision to read:

 

      Subd. 1b. [AUDIO BALLOT READER.] "Audio ballot reader" means an audio representation of a ballot that can be used with other assistive voting technology to permit a voter to mark votes on a nonelectronic ballot or to securely transmit a ballot electronically to automatic tabulating equipment in the polling place.

 

      Sec. 5. Minnesota Statutes 2004, section 206.56, subdivision 2, is amended to read:

 

      Subd. 2. [AUTOMATIC TABULATING EQUIPMENT.] "Automatic tabulating equipment" includes apparatus machines, resident firmware, and programmable memory units necessary to automatically examine and count votes designated on a ballot cards, and data processing machines which can be used for counting ballots and tabulating results.

 

      Sec. 6. Minnesota Statutes 2004, section 206.56, subdivision 3, is amended to read:

 

      Subd. 3. [BALLOT.] "Ballot" includes ballot cards and paper ballots, ballot cards, the paper ballot marked by an electronic marking device, and an electronic record of each vote cast by a voter at an election and securely transmitted electronically to automatic tabulating equipment in the polling place.


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                Sec. 7. Minnesota Statutes 2004, section 206.56, subdivision 7, is amended to read:

 

      Subd. 7. [COUNTING CENTER.] "Counting center" means a place selected by the governing body of a municipality where an a central count electronic voting system is used for the automatic processing and counting of ballots.

 

      Sec. 8. Minnesota Statutes 2004, section 206.56, is amended by adding a subdivision to read:

 

      Subd. 7a. [ELECTRONIC BALLOT DISPLAY.] "Electronic ballot display" means a graphic representation of a ballot on a computer monitor or screen on which a voter may make vote choices for candidates and questions for the purpose of marking a nonelectronic ballot or securely transmitting an electronic ballot to automatic tabulating equipment in the polling place.

 

      Sec. 9. Minnesota Statutes 2004, section 206.56, is amended by adding a subdivision to read:

 

      Subd. 7b. [ELECTRONIC BALLOT MARKER.] "Electronic ballot marker" means equipment that is part of an electronic voting system that uses an electronic ballot display or audio ballot reader to:

 

      (1) mark a nonelectronic ballot with votes selected by a voter; or

 

      (2) securely transmit a ballot electronically to automatic tabulating equipment in the polling place.

 

      Sec. 10. Minnesota Statutes 2004, section 206.56, subdivision 8, is amended to read:

 

      Subd. 8. [ELECTRONIC VOTING SYSTEM.] "Electronic voting system" means a system in which the voter records votes by means of marking or transmitting a ballot, which is designed so that votes may be counted by automatic tabulating equipment in the polling place where the ballot is cast or at a counting center.

 

      An electronic voting system includes automatic tabulating equipment; nonelectronic ballot markers; electronic ballot markers, including electronic ballot display, audio ballot reader, and devices by which the voter will register the voter's voting intent; software used to program automatic tabulators and layout ballots; computer programs used to accumulate precinct results; ballots; secrecy folders; system documentation; and system testing results.

 

      Sec. 11. Minnesota Statutes 2004, section 206.56, subdivision 9, is amended to read:

 

      Subd. 9. [MANUAL MARKING DEVICE.] "Manual marking device" means any approved device for directly marking a ballot by hand with ink, pencil, or other substance which will enable the ballot to be tabulated by means of automatic tabulating equipment.

 

      Sec. 12. Minnesota Statutes 2004, section 206.57, subdivision 1, is amended to read:

 

      Subdivision 1. [EXAMINATION AND REPORT BY SECRETARY OF STATE; APPROVAL.] A vendor of an electronic voting system may apply to the secretary of state to examine the system and to report as to its compliance with the requirements of law and as to its accuracy, durability, efficiency, and capacity to register the will of voters. The secretary of state or a designee shall examine the system submitted and file a report on it in the Office of the Secretary of State. Examination is not required of every individual machine or counting device, but only of each type of electronic voting system before its adoption, use, or purchase and before its continued use after significant changes have been made in an approved system. The examination must include the ballot programming,; electronic ballot marking, including all assistive technologies intended to be used with the system; vote counting,; and vote accumulation functions of each voting system.


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                If the report of the secretary of state or the secretary's designee concludes that the kind of system examined complies with the requirements of sections 206.55 to 206.90 and can be used safely, the system shall be deemed approved by the secretary of state, and may be adopted and purchased for use at elections in this state. A voting system not approved by the secretary of state may not be used at an election in this state. The secretary of state may adopt permanent rules consistent with sections 206.55 to 206.90 relating to the examination and use of electronic voting systems.

 

      Sec. 13. Minnesota Statutes 2004, section 206.57, subdivision 5, is amended to read:

 

      Subd. 5. [VOTING SYSTEM FOR DISABLED VOTERS.] In federal and state elections held after December 31, 2005, and in county, municipal, and school district elections held after December 31, 2007, the voting method used in each polling place must include a voting system that is accessible for individuals with disabilities, including nonvisual accessibility for the blind and visually impaired in a manner that provides the same opportunity for access and participation, including privacy and independence, as for other voters.

 

      Sec. 14. Minnesota Statutes 2004, section 206.57, is amended by adding a subdivision to read:

 

      Subd. 7. [ELECTION ASSISTANCE COMMISSION STANDARDS.] If the federal Election Assistance Commission has not established by January 1, 2006, standards for an electronic ballot marker or other voting system component that is required to enable a voting system to meet the requirements of subdivision 5, the secretary of state may certify the voting system on an experimental basis pending the completion of federal standards, notwithstanding subdivision 6. Within two years after the Election Assistance Commission issues standards for a voting system component used in a voting system authorized under this subdivision, the secretary of state must review or reexamine the voting system to determine whether the system conforms to federal standards.

 

      Sec. 15. Minnesota Statutes 2004, section 206.61, subdivision 4, is amended to read:

 

      Subd. 4. [ORDER OF CANDIDATES.] On the "State Partisan Primary Ballot" prepared for primary elections, and on the white ballot prepared for the general election, the order of the names of nominees or names of candidates for election shall be the same as required for paper ballots. More than one column or row may be used for the same office or party. Electronic ballot display and audio ballot readers must conform to the candidate order on the optical scan ballot used in the precinct.

 

      Sec. 16. Minnesota Statutes 2004, section 206.61, subdivision 5, is amended to read:

 

      Subd. 5. [ALTERNATION.] The provisions of the election laws requiring the alternation of names of candidates must be observed as far as practicable by changing the order of the names on an electronic voting system in the various precincts so that each name appears on the machines or marking devices used in a municipality substantially an equal number of times in the first, last, and in each intermediate place in the list or group in which they belong. However, the arrangement of candidates' names must be the same on all voting systems used in the same precinct. If the number of names to be alternated exceeds the number of precincts, the election official responsible for providing the ballots, in accordance with subdivision 1, shall determine by lot the alternation of names.

 

      If an electronic ballot marker is used with a paper ballot that is not an optical scan ballot card, the manner of alternation of candidate names on the paper ballot must be as prescribed for optical scan ballots in this subdivision. If a machine is used to securely transmit a ballot electronically to automatic tabulating equipment in the polling place, the manner of alternation of candidate names on the transmitting machine must be as prescribed for optical scan ballots in this subdivision.


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                Sec. 17. Minnesota Statutes 2004, section 206.64, subdivision 1, is amended to read:

 

      Subdivision 1. [GENERAL PROVISIONS FOR ELECTRONIC SYSTEM VOTING.] Each electronic voting system booth must be placed and protected so that it is accessible to only one voter at a time and is in full view of all the election judges and challengers at the polling place. The election judges shall admit one individual at a time to each booth after determining that the individual is eligible to vote. Voting by electronic voting system must be secret, except for voters who need request assistance. A voter may remain inside the voting booth for three minutes the time reasonably required for the voter to complete the ballot. A voter who refuses to leave the voting booth after a reasonable amount of time, but not less than three minutes, must be removed by the election judges.

 

      Sec. 18. Minnesota Statutes 2004, section 206.80, is amended to read:

 

      206.80 [ELECTRONIC VOTING SYSTEMS.]

 

      (a) An electronic voting system may not be employed unless it:

 

      (1) permits every voter to vote in secret;

 

      (2) permits every voter to vote for all candidates and questions for whom or upon which the voter is legally entitled to vote;

 

      (3) provides for write-in voting when authorized;

 

      (4) automatically rejects by means of the automatic tabulating equipment, except as provided in section 206.84 with respect to write-in votes, all votes for an office or question when the number of votes cast on it exceeds the number which the voter is entitled to cast;

 

      (5) permits a voter at a primary election to select secretly the party for which the voter wishes to vote; and

 

      (6) automatically rejects, by means of the automatic tabulating equipment, all votes cast in a primary election by a voter when the voter votes for candidates of more than one party; and

 

      (7) provides every voter an opportunity to verify votes recorded on the permanent paper ballot or paper record, either visually or using assistive voting technology, and to change votes or correct any error before the voter's ballot is cast and counted, produces an individual, discrete, permanent, paper ballot or paper record of the ballot cast by the voter, and preserves the paper ballot or paper record as an official record available for use in any recount.

 

      (b) An electronic voting system purchased on or after the effective date of this section may not be employed unless it:

 

      (1) accepts and tabulates, in the polling place or at a counting center, a marked optical scan ballot;

 

      (2) creates a marked optical scan ballot that can be tabulated in the polling place or at a counting center by automatic tabulating equipment certified for use in this state; or

 

      (3) securely transmits a ballot electronically to automatic tabulating equipment in the polling place while creating an individual, discrete, permanent paper record of each vote on the ballot.


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                Sec. 19. [206.805] [STATE VOTING SYSTEMS CONTRACTS.]

 

      Subdivision 1. [CONTRACTS REQUIRED.] (a) The secretary of state, with the assistance of the commissioner of administration, shall establish one or more state voting systems contracts. The contracts should, if practical, include provisions for maintenance of the equipment purchased. The voting systems contracts must address precinct-based optical scan voting equipment, ballot marking equipment for persons with disabilities and other voters, and assistive voting machines that combine voting methods used for persons with disabilities with precinct-based optical scan voting machines. The contracts must give the state a perpetual license to use and modify the software. The contracts must include provisions to escrow the software source code, as provided in subdivision 2. Bids for voting systems and related election services must be solicited from each vendor selling or leasing voting systems that have been certified for use by the secretary of state. The contracts must be renewed from time to time.

 

      (b) The secretary of state shall appoint an advisory committee, including representatives of the state chief information officer, county auditors, municipal clerks who have had operational experience with the use of electronic voting systems, and members of the disabilities community to advise the secretary of state in reviewing and evaluating the merits of proposals submitted from voting equipment vendors for the state contracts.

 

      (c) Counties and municipalities may purchase or lease voting systems and obtain related election services from the state contracts.

 

      Subd. 2. [ESCROW OF SOURCE CODE.] The contracts must require the voting system vendor to provide a copy of the source code for the voting system to an independent third-party evaluator selected by the vendor, the secretary of state, and the chairs of the major political parties. The evaluator must examine the source code and certify to the secretary of state that the voting system will record and count votes as represented by the vendor. Source code that is trade secret information must be treated as nonpublic information, in accordance with section 13.37. Each major political party may designate an agent to examine the source code to verify that the voting system will record and count votes as represented by the vendor; the agent must not disclose the source code to anyone else.

 

      Sec. 20. Minnesota Statutes 2004, section 206.81, is amended to read:

 

      206.81 [ELECTRONIC VOTING SYSTEMS; EXPERIMENTAL USE.]

 

      (a) The secretary of state may approve certify an electronic voting system for experimental use at an election prior to its approval for general use.

 

      (b) The secretary of state must approve one or more direct recording electronic voting systems for experimental use at an election before their approval for general use and may impose restrictions on their use. At least one voting system approved under this paragraph must permit sighted persons to vote and at least one system must permit a blind or visually impaired voter to cast a ballot independently and privately.

 

      (c) Experimental use must be observed by the secretary of state or the secretary's designee and the results observed must be considered at any subsequent proceedings for approval certification for general use.

 

      (d) (c) The secretary of state may adopt rules consistent with sections 206.55 to 206.90 relating to experimental use. The extent of experimental use must be determined by the secretary of state.

 

      Sec. 21. Minnesota Statutes 2004, section 206.82, subdivision 1, is amended to read:

 

      Subdivision 1. [PROGRAM.] A program or programs for use in an election conducted by means of an electronic voting system or using an electronic ballot marker shall be prepared at the direction of the county auditor or municipal clerk who is responsible for the conduct of the election and shall be independently verified by a competent person designated by that official. The term "competent person" as used in this section means a person


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who can demonstrate knowledge as a computer programmer and who is other than and wholly independent of any person operating or employed by the counting center or the corporation or other preparer of the program. A test deck prepared by a competent person shall be used for independent verification of the program; it shall test the maximum digits used in totaling the returns and shall be usable by insertion during the tabulation process as well as prior to tabulation. A test deck must also be prepared using the electronic ballot marker program and must also be used to verify that all valid votes counted by the vote tabulator may be selected using the electronic ballot marker. The secretary of state shall adopt rules further specifying test procedures.

 

      Sec. 22. Minnesota Statutes 2004, section 206.82, subdivision 2, is amended to read:

 

      Subd. 2. [PLAN.] 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.

 

      Sec. 23. Minnesota Statutes 2004, section 206.83, is amended to read:

 

      206.83 [TESTING OF VOTING SYSTEMS.]

 

      Within 14 days before election day, the official in charge of elections shall have the voting system tested to ascertain that the system will correctly mark or securely transmit to automatic tabulating equipment in the polling place ballots using all methods supported by the system, including through assistive technology, and count the votes cast for all candidates and on all questions within 14 days prior to election day. Public notice of the time and place of the test must be given at least two days in advance by publication once in official newspapers. The test must be observed by at least two election judges, who are not of the same major political party, and must be open to representatives of the political parties, candidates, the press, and the public. The test must be conducted by (1) processing a preaudited group of ballots punched or marked to record a predetermined number of valid votes for each candidate and on each question, and must include for each office one or more ballot cards which have votes in excess of the number allowed by law in order to test the ability of the voting system tabulator and electronic ballot marker to reject those votes; and (2) processing an additional test deck of ballots marked using the electronic ballot marker for the precinct, including ballots marked or ballots securely transmitted electronically to automatic tabulating equipment in the polling place using the electronic ballot display, audio ballot reader, and any assistive voting technology used with the electronic ballot marker. If any error is detected, the cause must be ascertained and corrected and an errorless count must be made before the voting system may be used in the election. After the completion of the test, the programs used and ballot cards must be sealed, retained, and disposed of as provided for paper ballots.

 

      Sec. 24. Minnesota Statutes 2004, section 206.84, subdivision 1, is amended to read:

 

      Subdivision 1. [INSTRUCTION OF JUDGES, VOTERS.] The officials in charge of elections shall determine procedures to instruct election judges and voters in the use of electronic voting system manual marking devices and the electronic ballot marker, including assistive voting technology.


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                Sec. 25. Minnesota Statutes 2004, section 206.84, subdivision 3, is amended to read:

 

      Subd. 3. [BALLOTS.] The ballot information must be in the same order provided for paper ballots, except that the information may be in vertical or horizontal rows, or on a number of separate pages. The secretary of state shall provide by rule for standard ballot formats for electronic voting systems. Electronic ballot displays and audio ballot readers shall be in the order provided for on the optical scan ballot. Electronic ballot displays may employ zooms or other devices as assistive voting technology. Audio ballot readers may employ rewinds or audio cues as assistive voting technology.

 

      Ballot cards may contain special printed marks and holes as required for proper positioning and reading of the ballots by electronic vote counting equipment. Ballot cards must contain an identification of the precinct for which they have been prepared which can be read visually and which can be tabulated by the automatic tabulating equipment.

 

      Sec. 26. Minnesota Statutes 2004, section 206.84, subdivision 6, is amended to read:

 

      Subd. 6. [DUTIES OF OFFICIAL IN CHARGE.] The official in charge of elections in each municipality where an electronic voting system is used shall have the voting systems put in order, set, adjusted, and made ready for voting when delivered to the election precincts. The official shall also provide each precinct with a container for transporting ballot cards to the counting location after the polls close. The container shall be of sturdy material to protect the ballots from all reasonably foreseeable hazards including auto collisions. The election judges shall meet at the polling place at least one hour before the time for opening the polls. Before the polls open the election judges shall compare the ballot cards used with the sample ballots, electronic ballot displays, and audio ballot reader furnished to see that the names, numbers, and letters on both agree and shall certify to that fact on forms provided for the purpose. The certification must be filed with the election returns.

 

      Sec. 27. [206.845] [BALLOT RECORDING AND COUNTING SECURITY.]

 

      Subdivision 1. [PROHIBITED CONNECTIONS.] The county auditor and municipal clerk must secure ballot recording and tabulating systems physically and electronically against unauthorized access. Except for wired connections within the polling place, ballot recording and tabulating systems must not be connected to or operated on, directly or indirectly, any electronic network, including a local area network, a wide-area network, the Internet, or the World Wide Web. Wireless communications may not be used in any way in a vote recording or vote tabulating system. Wireless, device-to-device capability is not permitted. No connection by modem is permitted.

 

      Transfer of information from the ballot recording or tabulating system to another system for network distribution or broadcast must be made by disk, tape, or other physical means of communication, other than direct or indirect electronic connection of the vote recording or vote tabulating system.

 

      Subd. 2. [TRANSMISSION TO CENTRAL REPORTING LOCATION.] After the close of the polls, the head election judge must create a printed record of the results of the election for that precinct. After the record has been printed, the head election judge in a precinct that employs automatic tabulating equipment may transmit the accumulated tally for each device to a central reporting location using a telephone, modem, Internet, or other electronic connection. During the canvassing period, the results transmitted electronically must be considered unofficial until the canvassing board has performed a complete reconciliation of the results.

 

      Sec. 28. Minnesota Statutes 2004, section 206.85, subdivision 1, is amended to read:

 

      Subdivision 1. [DUTIES OF RESPONSIBLE OFFICIAL.] The official in charge of elections in a municipality where an electronic voting system is used at a counting center must:


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                (a) be present or personally represented throughout the counting center proceedings;

 

      (b) be responsible for acquiring sufficient facilities and personnel to ensure timely and lawful processing of votes;

 

      (c) be responsible for the proper training of all personnel participating in counting center proceedings and deputize all personnel who are not otherwise election judges;

 

      (d) maintain actual control over all proceedings and be responsible for the lawful execution of all proceedings in the counting center whether or not by experts;

 

      (e) be responsible for assuring the lawful retention and storage of ballots and read-outs; and

 

      (f) arrange for observation by the public and by candidates' representatives of counting center procedures by publishing the exact location of the counting center in a legal newspaper at least once during the week preceding the week of election and in the newspaper of widest circulation once on the day preceding the election, or once the week preceding the election if the newspaper is a weekly.

 

      The official may make arrangements with news reporters which permit prompt reporting of election results but which do not interfere with the timely and lawful completion of counting procedures.

 

      Sec. 29. Minnesota Statutes 2004, section 206.90, subdivision 1, is amended to read:

 

      Subdivision 1. [DEFINITION.] For the purposes of this section, "optical scan voting system" means an electronic voting system approved for use under sections 206.80 to 206.81 in which the voter records votes by marking with a pencil or other writing instrument device, including an electronic ballot marker, a ballot on which the names of candidates, office titles, party designation in a partisan primary or election, and a statement of any question accompanied by the words "Yes" and "No" are printed.

 

      Sec. 30. Minnesota Statutes 2004, section 206.90, subdivision 5, is amended to read:

 

      Subd. 5. [INSTRUCTION OF JUDGES, VOTERS.] In instructing judges and voters under section 206.84, subdivision 1, officials in charge of election precincts using optical scan voting systems shall include instruction on the proper mark for recording votes on ballot cards marked with a pencil or other writing instrument and the insertion by the voter of the ballot card into automatic tabulating equipment that examines and counts votes as the ballot card is deposited into the ballot box.

 

      Officials shall include instruction on the insertion by the voter of the ballot card into an electronic ballot marker that can examine votes before the ballot card is deposited into the ballot box.

 

      Sec. 31. Minnesota Statutes 2004, section 206.90, subdivision 6, is amended to read:

 

      Subd. 6. [BALLOTS.] In precincts using optical scan voting systems, a single ballot card on which all ballot information is included must be printed in black ink on white colored material except that marks not to be read by the automatic tabulating equipment may be printed in another color ink.

 

      On the front of the ballot must be printed the words "Official Ballot" and the date of the election and lines for the initials of at least two election judges.


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                When optical scan ballots are used, the offices to be elected must appear in the following order: federal offices; state legislative offices; constitutional offices; proposed constitutional amendments; county offices and questions; municipal offices and questions; school district offices and questions; special district offices and questions; and judicial offices.

 

      On optical scan ballots, the names of candidates and the words "yes" and "no" for ballot questions must be printed as close to their corresponding vote targets as possible.

 

      The line on an optical scan ballot for write-in votes must contain the words "write-in, if any."

 

      If a primary ballot contains both a partisan ballot and a nonpartisan ballot, the instructions to voters must include a statement that reads substantially as follows: "THIS BALLOT CARD CONTAINS A PARTISAN BALLOT AND A NONPARTISAN BALLOT. ON THE PARTISAN BALLOT YOU ARE PERMITTED TO VOTE FOR CANDIDATES OF ONE POLITICAL PARTY ONLY." If a primary ballot contains political party columns on both sides of the ballot, the instructions to voters must include a statement that reads substantially as follows: "ADDITIONAL POLITICAL PARTIES ARE PRINTED ON THE OTHER SIDE OF THIS BALLOT. VOTE FOR ONE POLITICAL PARTY ONLY." At the bottom of each political party column on the primary ballot, the ballot must contain a statement that reads substantially as follows: "CONTINUE VOTING ON THE NONPARTISAN BALLOT." The instructions in section 204D.08, subdivision 4, do not apply to optical scan partisan primary ballots. Electronic ballot displays and audio ballot readers must follow the order of offices and questions on the optical scan or paper ballot used in the same precinct, or the sample ballot posted for that precinct.

 

      Sec. 32. Minnesota Statutes 2004, section 206.90, subdivision 8, is amended to read:

 

      Subd. 8. [DUTIES OF ELECTION OFFICIALS.] The official in charge of elections in each municipality where an optical scan voting system is used shall have the electronic ballot marker that examines and marks votes on ballot cards or the machine that securely transmits a ballot electronically to automatic tabulating equipment in the polling place and the automatic tabulating equipment that examines and counts votes as ballot cards are deposited into ballot boxes put in order, set, adjusted, and made ready for voting when delivered to the election precincts.

 

      Sec. 33. Minnesota Statutes 2004, section 206.90, subdivision 9, is amended to read:

 

      Subd. 9. [SPOILED BALLOT CARDS.] Automatic tabulating equipment and electronic ballot markers must be capable of examining a ballot card for defects and returning it to the voter before it is counted and deposited into the ballot box and must be programmed to return as a spoiled ballot a ballot card with votes for an office or question which exceed the number which the voter is entitled to cast and at a primary a ballot card with votes for candidates of more than one party.

 

      Sec. 34. [APPROPRIATIONS.]

 

      Subdivision 1. [ASSISTIVE VOTING TECHNOLOGY.] (a) $29,000,000 is appropriated from the Help America Vote Act account to the secretary of state for grants to counties for the following purposes:

 

      (1) to purchase electronic voting systems equipped for individuals with disabilities that meet the requirements of Minnesota Statutes, section 206.80, and have been certified by the secretary of state under Minnesota Statutes, section 206.57; the systems may be either ballot marking equipment for persons with disabilities and other voters or assistive voting machines that combine voting methods used for persons with disabilities with precinct-based optical scan voting machines;

 

      (2) to defray operating costs of the assistive voting equipment purchased under clause (1), up to $600 per polling place per year; and


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                (3) to the extent that money remains after purchasing an assistive voting system for each polling place, to purchase precinct-count or central-count optical scan electronic voting systems.

 

      This appropriation is available until June 30, 2009.

 

      (b) "Operating costs" include actual county and municipal costs for hardware maintenance, election day technical support, software licensing, system programming, voting system testing, training of county or municipal staff in the use of the assistive voting system, transportation of the assistive voting systems to and from the polling places, and storage of the assistive voting systems between elections.

 

      (c) The secretary of state shall allocate the amount to each county in proportion to the number of precincts used by the county in the state general election of 2004.

 

      Subd. 2. [OPTICAL SCAN EQUIPMENT.] $6,000,000 is appropriated from the Help America Vote Act account to the secretary of state for grants to counties to purchase optical scan voting equipment. Counties are eligible for grants to the extent that they decide to purchase ballot marking machines and as a result do not have sufficient Help America Vote Act grant money remaining to also purchase a compatible precinct-based optical scan machine or central-count machine. These grants must be allocated to counties at a rate of $3,000 per eligible precinct until the appropriation is exhausted, with priority in the payment of grants to be given to counties currently using hand- and central-count voting systems and counties using precinct-count optical scan voting systems incompatible with assistive voting systems or ballot marking machines. This appropriation is available until June 30, 2009.

 

      Subd. 3. [GRANT APPLICATION.] To receive a grant under subdivision 1 or 2, a county must apply to the secretary of state on forms prescribed by the secretary of state that set forth how the grant money will be spent, which must be in accordance with the plan adopted under section 35. A county may submit more than one grant application, so long as the appropriation remains available and the total amount granted to the county does not exceed the county's allocation.

 

      Subd. 4. [REPORT; AUDIT RECORDS.] Each county receiving a grant under subdivision 1 or 2 must report to the secretary of state by January 15, 2006, the amount spent for the purchase of each kind of electronic voting system and for operating costs of the systems purchased. The secretary of state shall compile this information and report it to the legislature by February 15, 2006.

 

      In addition to the report required by this section, each county receiving a grant under this act must maintain financial records for each grant sufficient to satisfy federal audit standards and must transmit those records to the secretary of state upon request of the secretary of state.

 

      Subd. 5. [ACCESS TO POLLING PLACES.] $290,000 is appropriated from the Help America Vote Act account to the secretary of state to make grants to counties and municipalities to improve access to polling places for individuals with disabilities, to be available until June 30, 2007.

 

      Subd. 6. [ADMINISTRATIVE COSTS.] $3,000,000 is appropriated from the Help America Vote Act account to the secretary of state for the following purposes, to be available until June 30, 2007:

 

      (1) $1,218,000 to maintain the statewide voter registration system and to develop the capacity to handle registration and election transactions at the polling place;

 

      (2) $20,000 to verify voter registration data against the Department of Public Safety driver's license and Social Security number database;


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                (3) $200,000 to make the statewide voter registration system available for use by local election officials;

 

      (4) $440,000 to assist local election officials using the statewide voter registration system;

 

      (5) $79,000 to develop and operate the system for matching Social Security numbers against driver's license records;

 

      (6) $83,000 for the state court administrator to automate the interchange of information between the state courts and the statewide voter registration system;

 

      (7) $200,000 to administer implementation of the Help America Vote Act and to audit the grants to counties and municipalities under this section;

 

      (8) $120,000 to process complaints received under Minnesota Statutes, section 200.04;

 

      (9) $40,000 to establish the state voting systems contracts required by new Minnesota Statutes, section 206.805, and to administer the grants to counties and municipalities under this section;

 

      (10) $200,000 to train local election officials on the use, maintenance, and implementation of the new electronic voting systems purchased with the appropriations in this section; and

 

      (11) $400,000 to educate voters on how to vote using the new electronic voting systems purchased with the appropriations in this section.

 

      Subd. 7. [USE OF BALANCE.] Any balance remaining in the Help America Vote Act account after previous appropriations and the appropriations in this section is reserved for future appropriations to supplement those made in subdivisions 1 and 2 of this section.

 

      Sec. 35. [LOCAL EQUIPMENT PLANS.]

 

      (a) The county auditor shall convene a working group of all city, town, and school district election officials in each county to create a local equipment plan. The working group must continue to meet until the plan is completed, which must be no later than September 15, 2005, or 45 days after state certification of assistive voting systems, whichever is later. The plan must:

 

      (1) contain procedures to implement voting systems as defined in Minnesota Statutes, section 206.80, in each polling location;

 

      (2) define who is responsible for any capital or operating costs related to election equipment not covered by federal money from the Help America Vote Act account; and

 

      (3) outline how the federal money from the Help America Vote Act account will be spent.

 

      (b) A county plan must provide funding to purchase either precinct-based optical scan voting equipment or assistive voting machines that combine voting methods used for persons with disabilities with precinct-based optical scan voting machines for any precinct whose city or town requests it, if the requesting city or town agrees with the county on who will be responsible for operating and replacement costs related to the use of the precinct-based equipment.

 

      (c) The plan must be submitted to the secretary of state for review and comment.


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                (d) The county board of commissioners must adopt the local equipment plan after a public hearing. Money from the Help America Vote Act account may not be expended until the plan is adopted. The county auditor shall file the adopted local equipment plan with the secretary of state.

 

      Sec. 36. [MAIL BALLOTING.]

 

      Nothing in this act is intended to preclude the use of mail balloting in those precincts where it is allowed under state law.

 

      Sec. 37. [EFFECTIVE DATE.]

 

      This act is effective the day following final enactment."

 

      Delete the title and insert:

 

      "A bill for an act relating to elections; setting standards for and providing for the acquisition of electronic voting systems; appropriating money from the Help America Vote Act account; amending Minnesota Statutes 2004, sections 201.022, by adding a subdivision; 204B.14, subdivision 2; 206.56, subdivisions 2, 3, 7, 8, 9, by adding subdivisions; 206.57, subdivisions 1, 5, by adding a subdivision; 206.61, subdivisions 4, 5; 206.64, subdivision 1; 206.80; 206.81; 206.82, subdivisions 1, 2; 206.83; 206.84, subdivisions 1, 3, 6; 206.85, subdivision 1; 206.90, subdivisions 1, 5, 6, 8, 9; proposing coding for new law in Minnesota Statutes, chapter 206."

 

 

      We request adoption of this report and repassage of the bill.

 

      House Conferees: Laura Brod, Tom Emmer and Bill Hilty.

 

      Senate Conferees: Linda Higgins, John Marty and Dave Kleis.

 

 

      Brod moved that the report of the Conference Committee on H. F. No. 874 be adopted and that the bill be repassed as amended by the Conference Committee. The motion prevailed.

 

 

      H. F. No. 874, A bill for an act relating to elections; providing for approval and purpose of certain voting equipment; appropriating money; amending Minnesota Statutes 2004, sections 201.022, by adding a subdivision; 206.80; proposing coding for new law in Minnesota Statutes, chapter 206.

 

 

      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 133 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Abrams

Anderson, B.

Anderson, I.

Atkins

Beard

Bernardy

Blaine

Bradley

Brod

Buesgens

Carlson

Charron

Clark

Cornish

Cox

Cybart

Davids

Davnie

Dean

DeLaForest

Demmer

Dempsey

Dill

Dittrich

Dorman

Dorn

Eastlund

Eken

Ellison

Emmer

Entenza

Erhardt

Erickson

Finstad

Fritz


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Garofalo

Gazelka

Goodwin

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Heidgerken

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson, J.

Johnson, R.

Johnson, S.

Juhnke

Kahn

Kelliher

Klinzing

Knoblach

Koenen

Kohls

Krinkie

Lanning

Larson

Latz

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Magnus

Mahoney

Mariani

Marquart

McNamara

Meslow

Moe

Mullery

Murphy

Nelson, M.

Nelson, P.

Newman

Nornes

Olson

Opatz

Otremba

Ozment

Paulsen

Paymar

Pelowski

Penas

Peppin

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Powell

Rukavina

Ruud

Sailer

Samuelson

Scalze

Seifert

Sertich

Severson

Sieben

Simon

Simpson

Slawik

Smith

Soderstrom

Solberg

Sykora

Thao

Thissen

Tingelstad

Urdahl

Vandeveer

Wagenius

Walker

Wardlow

Welti

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

      The bill was repassed, as amended by Conference, and its title agreed to.

 

 

CONFERENCE COMMITTEE REPORT ON H. F. NO. 225

 

      A bill for an act relating to government data; making technical, conforming, and clarifying changes to the Minnesota Government Data Practices Act; defining terms; modifying certain civil penalty and damages amounts; classifying, regulating, and reviewing access to and dissemination of certain data; providing notice of breaches in security; regulating certain fees; providing for the conduct of certain board and council meetings; modifying provisions regulating motor vehicle and driver applications and records; modifying vehicle accident reports and procedures; providing for treatment of data held by the comprehensive incident-based reporting system; amending Minnesota Statutes 2004, sections 11A.24, subdivision 6; 13.01, subdivisions 1, 3; 13.02, subdivision 7; 13.03, subdivisions 1, 2, 3, 4, 5, 6, 8; 13.04, subdivisions 2, 4; 13.05, subdivisions 1, 4, 6, 7, 8, 9; 13.06, subdivisions 1, 2, 3, 4; 13.07; 13.072, subdivision 4; 13.073, subdivision 3; 13.08, subdivisions 1, 2, 4, 5; 13.32, by adding a subdivision; 13.37, subdivisions 1, 2, 3; 13.3805, by adding a subdivision; 13.43, subdivisions 1, 2, 3; 13.46, subdivision 4; 13.591, by adding subdivisions; 13.601, by adding a subdivision; 13.635, by adding a subdivision; 13.72, by adding subdivisions; 13.82, subdivisions 1, 16; 16C.06, subdivision 5; 116J.68, by adding a subdivision; 116L.03, by adding a subdivision; 116L.665, by adding a subdivision; 116M.15, by adding a subdivision; 116U.25; 168.346; 168A.04, by adding a subdivision; 169.09, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, 12, 14, 15, by adding subdivisions; 171.07, subdivisions 1, 3; 171.12, subdivision 7; proposing coding for new law in Minnesota Statutes, chapters 13; 41A; 299C; repealing Minnesota Statutes 2004, sections 13.04, subdivision 5; 169.09, subdivision 10; 170.55.

 

May 23, 2005

 

The Honorable Steve Sviggum

Speaker of the House of Representatives

 

The Honorable James P. Metzen

President of the Senate

 

      We, the undersigned conferees for H. F. No. 225, report that we have agreed upon the items in dispute and recommend as follows:

 

      That the Senate recede from its amendment and that H. F. No. 225 be further amended as follows:


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                Delete everything after the enacting clause and insert:

 

      "Section 1. Minnesota Statutes 2004, section 3.978, subdivision 2, is amended to read:

 

      Subd. 2. [INQUIRY AND INSPECTION POWER; DUTY TO AID LEGISLATIVE AUDITOR.] All public officials and their deputies and employees, and all corporations, firms, and individuals having business involving the receipt, disbursement, or custody of public funds shall at all times afford reasonable facilities for examinations by the legislative auditor, make returns and reports required by the legislative auditor, attend and answer under oath the legislative auditor's lawful inquiries, produce and exhibit all books, accounts, documents, data of any classification, and property that the legislative auditor may desire need to inspect, and in all things aid the legislative auditor in the performance of duties.

 

      Sec. 2. Minnesota Statutes 2004, section 11A.24, subdivision 6, is amended to read:

 

      Subd. 6. [OTHER INVESTMENTS.] (a) In addition to the investments authorized in subdivisions 1 to 5, and subject to the provisions in paragraph (b), the state board may invest funds in:

 

      (1) venture capital investment businesses through participation in limited partnerships, trusts, private placements, limited liability corporations, limited liability companies, limited liability partnerships, and corporations;

 

      (2) real estate ownership interests or loans secured by mortgages or deeds of trust or shares of real estate investment trusts through investment in limited partnerships, bank sponsored collective funds, trusts, mortgage participation agreements, and insurance company commingled accounts, including separate accounts;

 

      (3) regional and mutual funds through bank sponsored collective funds and open-end investment companies registered under the Federal Investment Company Act of 1940, and closed-end mutual funds listed on an exchange regulated by a governmental agency;

 

      (4) resource investments through limited partnerships, trusts, private placements, limited liability corporations, limited liability companies, limited liability partnerships, and corporations; and

 

      (5) international securities.

 

      (b) The investments authorized in paragraph (a) must conform to the following provisions:

 

      (1) the aggregate value of all investments made according to paragraph (a), clauses (1) to (4), may not exceed 35 percent of the market value of the fund for which the state board is investing;

 

      (2) there must be at least four unrelated owners of the investment other than the state board for investments made under paragraph (a), clause (1), (2), (3), or (4);

 

      (3) state board participation in an investment vehicle is limited to 20 percent thereof for investments made under paragraph (a), clause (1), (2), (3), or (4); and

 

      (4) state board participation in a limited partnership does not include a general partnership interest or other interest involving general liability. The state board may not engage in any activity as a limited partner which creates general liability.

 

      (c) All financial, business, or proprietary data collected, created, received, or maintained by the state board in connection with investments authorized by paragraph (a), clause (1), (2), or (4), are nonpublic data under section 13.02, subdivision 9. As used in this section, "financial, business, or proprietary data" means data, as determined by


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the responsible authority for the state board: (i) that is of a financial, business, or proprietary nature; and (ii) the release of which could cause competitive harm to the state board, the legal entity in which the state board has invested or has considered an investment, the managing entity of an investment, or a portfolio company in which the legal entity holds an interest. As used in this section, "business data" is data described in section 13.591, subdivision 1. Regardless of whether they could be considered financial, business, or proprietary data, the following data received, prepared, used, or retained by the state board in connection with investments authorized by paragraph (a), clause (1), (2), or (4), are public at all times:

 

      (1) the name and industry group classification of the legal entity in which the state board has invested or in which the state board has considered an investment;

 

      (2) the state board commitment amount, if any;

 

      (3) the funded amount of the state board's commitment to date, if any;

 

      (4) the market value of the investment by the state board;

 

      (5) the state board's internal rate of return for the investment, including expenditures and receipts used in the calculation of the investment's internal rate of return; and

 

      (6) the age of the investment in years.

 

      Sec. 3. Minnesota Statutes 2004, section 13.01, subdivision 1, is amended to read:

 

      Subdivision 1. [APPLICABILITY.] All state agencies, political subdivisions and statewide systems government entities shall be governed by this chapter.

 

      Sec. 4. Minnesota Statutes 2004, section 13.01, subdivision 3, is amended to read:

 

      Subd. 3. [SCOPE.] This chapter regulates the collection, creation, storage, maintenance, dissemination, and access to government data in state agencies, statewide systems, and political subdivisions government entities. It establishes a presumption that government data are public and are accessible by the public for both inspection and copying unless there is federal law, a state statute, or a temporary classification of data that provides that certain data are not public.

 

      Sec. 5. Minnesota Statutes 2004, section 13.02, subdivision 7, is amended to read:

 

      Subd. 7. [GOVERNMENT DATA.] "Government data" means all data collected, created, received, maintained or disseminated by any state agency, political subdivision, or statewide system government entity regardless of its physical form, storage media or conditions of use.

 

      Sec. 6. Minnesota Statutes 2004, section 13.03, subdivision 1, is amended to read:

 

      Subdivision 1. [PUBLIC DATA.] All government data collected, created, received, maintained or disseminated by a state agency, political subdivision, or statewide system government entity shall be public unless classified by statute, or temporary classification pursuant to section 13.06, or federal law, as nonpublic or protected nonpublic, or with respect to data on individuals, as private or confidential. The responsible authority in every state agency, political subdivision and statewide system government entity shall keep records containing government data in such an arrangement and condition as to make them easily accessible for convenient use. Photographic, photostatic, microphotographic, or microfilmed records shall be considered as accessible for convenient use regardless of the size of such records.


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                Sec. 7. Minnesota Statutes 2004, section 13.03, subdivision 2, is amended to read:

 

      Subd. 2. [PROCEDURES.] (a) The responsible authority in every state agency, political subdivision, and statewide system government entity shall establish procedures, consistent with this chapter, to insure that requests for government data are received and complied with in an appropriate and prompt manner.

 

      (b) The responsible authority shall prepare public access procedures in written form and update them no later than August 1 of each year as necessary to reflect any changes in personnel or circumstances that might affect public access to government data. The responsible authority shall make copies of the written public access procedures easily available to the public by distributing free copies of the procedures to the public or by posting a copy of the procedures in a conspicuous place within the government entity that is easily accessible to the public.

 

      (c) Full convenience and comprehensive accessibility shall be allowed to researchers including historians, genealogists and other scholars to carry out extensive research and complete copying of all records containing government data except as otherwise expressly provided by law.

 

      A responsible authority may designate one or more designees.

 

      Sec. 8. Minnesota Statutes 2004, section 13.03, subdivision 3, is amended to read:

 

      Subd. 3. [REQUEST FOR ACCESS TO DATA.] (a) Upon request to a responsible authority or designee, a person shall be permitted to inspect and copy public government data at reasonable times and places, and, upon request, shall be informed of the data's meaning. If a person requests access for the purpose of inspection, the responsible authority may not assess a charge or require the requesting person to pay a fee to inspect data.

 

      (b) For purposes of this section, "inspection" includes, but is not limited to, the visual inspection of paper and similar types of government data. Inspection does not include printing copies by the government entity, unless printing a copy is the only method to provide for inspection of the data. In the case of data stored in electronic form and made available in electronic form on a remote access basis to the public by the government entity, inspection includes remote access to the data by the public and the ability to print copies of or download the data on the public's own computer equipment. Nothing in this section prohibits a government entity from charging a reasonable fee for remote access to data under a specific statutory grant of authority. A government entity may charge a fee for remote access to data where either the data or the access is enhanced at the request of the person seeking access.

 

      (c) The responsible authority or designee shall provide copies of public data upon request. If a person requests copies or electronic transmittal of the data to the person, the responsible authority may require the requesting person to pay the actual costs of searching for and retrieving government data, including the cost of employee time, and for making, certifying, compiling, and electronically transmitting the copies of the data or the data, but may not charge for separating public from not public data. However, if 100 or fewer pages of black and white, letter or legal size paper copies are requested, actual costs shall not be used, and instead, the responsible authority may charge no more than 25 cents for each page copied. If the responsible authority or designee is not able to provide copies at the time a request is made, copies shall be supplied as soon as reasonably possible.

 

      (d) When a request under this subdivision involves any person's receipt of copies of public government data that has commercial value and is a substantial and discrete portion of or an entire formula, pattern, compilation, program, device, method, technique, process, database, or system developed with a significant expenditure of public funds by the agency government entity, the responsible authority may charge a reasonable fee for the information in addition to the costs of making, certifying, and compiling the copies. Any fee charged must be clearly demonstrated by the agency government entity to relate to the actual development costs of the information. The responsible authority, upon the request of any person, shall provide sufficient documentation to explain and justify the fee being charged.


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                (e) The responsible authority of a state agency, statewide system, or political subdivision government entity that maintains public government data in a computer storage medium shall provide to any person making a request under this section a copy of any public data contained in that medium, in electronic form, if the government entity can reasonably make the copy or have a copy made. This does not require a government entity to provide the data in an electronic format or program that is different from the format or program in which the data are maintained by the government entity. The entity may require the requesting person to pay the actual cost of providing the copy.

 

      (f) If the responsible authority or designee determines that the requested data is classified so as to deny the requesting person access, the responsible authority or designee shall inform the requesting person of the determination either orally at the time of the request, or in writing as soon after that time as possible, and shall cite the specific statutory section, temporary classification, or specific provision of federal law on which the determination is based. Upon the request of any person denied access to data, the responsible authority or designee shall certify in writing that the request has been denied and cite the specific statutory section, temporary classification, or specific provision of federal law upon which the denial was based.

 

      Sec. 9. Minnesota Statutes 2004, section 13.03, subdivision 4, is amended to read:

 

      Subd. 4. [CHANGE IN CLASSIFICATION OF DATA; EFFECT OF DISSEMINATION AMONG AGENCIES.] (a) The classification of data in the possession of an agency entity shall change if it is required to do so to comply with either judicial or administrative rules pertaining to the conduct of legal actions or with a specific statute applicable to the data in the possession of the disseminating or receiving agency entity.

 

      (b) If data on individuals is classified as both private and confidential by this chapter, or any other statute or federal law, the data is private.

 

      (c) To the extent that government data is disseminated to state agencies, political subdivisions, or statewide systems a government entity by another state agency, political subdivision, or statewide system government entity, the data disseminated shall have the same classification in the hands of the agency entity receiving it as it had in the hands of the entity providing it.

 

      (d) If a state agency, statewide system, or political subdivision government entity disseminates data to another state agency, statewide system, or political subdivision government entity, a classification provided for by law in the hands of the entity receiving the data does not affect the classification of the data in the hands of the entity that disseminates the data.

 

      Sec. 10. Minnesota Statutes 2004, section 13.03, subdivision 5, is amended to read:

 

      Subd. 5. [COPYRIGHT OR PATENT OF GOVERNMENT DATA.] A state agency, statewide system, or political subdivision government entity may enforce a copyright or acquire a patent for a computer software program or components of a program created by that government agency entity without statutory authority. In the event that a government agency entity acquires a patent to a computer software program or component of a program, the data shall be treated as trade secret information pursuant to section 13.37.

 

      Sec. 11. Minnesota Statutes 2004, section 13.03, subdivision 6, is amended to read:

 

      Subd. 6. [DISCOVERABILITY OF NOT PUBLIC DATA.] If a state agency, political subdivision, or statewide system government entity opposes discovery of government data or release of data pursuant to court order on the grounds that the data are classified as not public, the party that seeks access to the data may bring before the appropriate presiding judicial officer, arbitrator, or administrative law judge an action to compel discovery or an action in the nature of an action to compel discovery.


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                The presiding officer shall first decide whether the data are discoverable or releasable pursuant to the rules of evidence and of criminal, civil, or administrative procedure appropriate to the action.

 

      If the data are discoverable the presiding officer shall decide whether the benefit to the party seeking access to the data outweighs any harm to the confidentiality interests of the agency entity maintaining the data, or of any person who has provided the data or who is the subject of the data, or to the privacy interest of an individual identified in the data. In making the decision, the presiding officer shall consider whether notice to the subject of the data is warranted and, if warranted, what type of notice must be given. The presiding officer may fashion and issue any protective orders necessary to assure proper handling of the data by the parties. If the data are a videotape of a child victim or alleged victim alleging, explaining, denying, or describing an act of physical or sexual abuse, the presiding officer shall consider the provisions of section 611A.90, subdivision 2, paragraph (b).

 

      Sec. 12. Minnesota Statutes 2004, section 13.03, subdivision 8, is amended to read:

 

      Subd. 8. [CHANGE TO CLASSIFICATION OF DATA NOT ON INDIVIDUALS.] Except for security information, nonpublic and protected nonpublic data shall become public either ten years after the creation of the data by the government agency entity or ten years after the data was received or collected by any governmental agency entity unless the responsible authority for the originating or custodial agency entity for the data reasonably determines that, if the data were made available to the public or to the data subject, the harm to the public or to a data subject would outweigh the benefit to the public or to the data subject. If the responsible authority denies access to the data, the person denied access may challenge the denial by bringing an action in district court seeking release of the data. The action shall be brought in the district court located in the county where the data are being maintained, or, in the case of data maintained by a state agency, in any county. The data in dispute shall be examined by the court in camera. In deciding whether or not to release the data, the court shall consider the benefits and harms in the same manner as set forth above. The court shall make a written statement of findings in support of its decision.

 

      Sec. 13. Minnesota Statutes 2004, section 13.04, subdivision 2, is amended to read:

 

      Subd. 2. [INFORMATION REQUIRED TO BE GIVEN INDIVIDUAL.] An individual asked to supply private or confidential data concerning the individual shall be informed of: (a) the purpose and intended use of the requested data within the collecting state agency, political subdivision, or statewide system government entity; (b) whether the individual may refuse or is legally required to supply the requested data; (c) any known consequence arising from supplying or refusing to supply private or confidential data; and (d) the identity of other persons or entities authorized by state or federal law to receive the data. This requirement shall not apply when an individual is asked to supply investigative data, pursuant to section 13.82, subdivision 7, to a law enforcement officer.

 

      Sec. 14. Minnesota Statutes 2004, section 13.04, subdivision 4, is amended to read:

 

      Subd. 4. [PROCEDURE WHEN DATA IS NOT ACCURATE OR COMPLETE.] (a) An individual subject of the data may contest the accuracy or completeness of public or private data. To exercise this right, an individual shall notify in writing the responsible authority describing the nature of the disagreement. The responsible authority shall within 30 days either: (1) correct the data found to be inaccurate or incomplete and attempt to notify past recipients of inaccurate or incomplete data, including recipients named by the individual; or (2) notify the individual that the authority believes the data to be correct. Data in dispute shall be disclosed only if the individual's statement of disagreement is included with the disclosed data.

 

      The determination of the responsible authority may be appealed pursuant to the provisions of the Administrative Procedure Act relating to contested cases. Upon receipt of an appeal by an individual, the commissioner shall, before issuing the order and notice of a contested case hearing required by chapter 14, try to resolve the dispute through education, conference, conciliation, or persuasion. If the parties consent, the commissioner may refer the matter to mediation. Following these efforts, the commissioner shall dismiss the appeal or issue the order and notice of hearing.


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                (b) Data on individuals that have been successfully challenged by an individual must be completed, corrected, or destroyed by a state agency, political subdivision, or statewide system without regard to the requirements of section 138.17.

 

      After completing, correcting, or destroying successfully challenged data, a state agency, political subdivision, or statewide system government entity may retain a copy of the commissioner of administration's order issued under chapter 14 or, if no order were issued, a summary of the dispute between the parties that does not contain any particulars of the successfully challenged data.

 

      Sec. 15. Minnesota Statutes 2004, section 13.05, subdivision 1, is amended to read:

 

      Subdivision 1. [PUBLIC DOCUMENT OF DATA CATEGORIES.] The responsible authority shall prepare a public document containing the authority's name, title and address, and a description of each category of record, file, or process relating to private or confidential data on individuals maintained by the authority's state agency, statewide system, or political subdivision government entity. Forms used to collect private and confidential data shall be included in the public document. Beginning August 1, 1977 and annually thereafter, the responsible authority shall update the public document and make any changes necessary to maintain the accuracy of the document. The document shall be available from the responsible authority to the public in accordance with the provisions of sections 13.03 and 15.17.

 

      Sec. 16. Minnesota Statutes 2004, section 13.05, subdivision 4, is amended to read:

 

      Subd. 4. [LIMITATIONS ON COLLECTION AND USE OF DATA.] Private or confidential data on an individual shall not be collected, stored, used, or disseminated by political subdivisions, statewide systems, or state agencies government entities for any purposes other than those stated to the individual at the time of collection in accordance with section 13.04, except as provided in this subdivision.

 

      (a) Data collected prior to August 1, 1975, and which have not been treated as public data, may be used, stored, and disseminated for the purposes for which the data was originally collected or for purposes which are specifically approved by the commissioner as necessary to public health, safety, or welfare.

 

      (b) Private or confidential data may be used and disseminated to individuals or agencies entities specifically authorized access to that data by state, local, or federal law enacted or promulgated after the collection of the data.

 

      (c) Private or confidential data may be used and disseminated to individuals or agencies entities subsequent to the collection of the data when the responsible authority maintaining the data has requested approval for a new or different use or dissemination of the data and that request has been specifically approved by the commissioner as necessary to carry out a function assigned by law.

 

      (d) Private data may be used by and disseminated to any person or agency entity if the individual subject or subjects of the data have given their informed consent. Whether a data subject has given informed consent shall be determined by rules of the commissioner. The format for informed consent is as follows, unless otherwise prescribed by the HIPAA, Standards for Privacy of Individually Identifiable Health Information, 65 Fed. Reg. 82, 461 (2000) (to be codified as Code of Federal Regulations, title 45, section 164): informed consent shall not be deemed to have been given by an individual subject of the data by the signing of any statement authorizing any person or agency entity to disclose information about the individual to an insurer or its authorized representative, unless the statement is:

 

      (1) in plain language;

 

      (2) dated;


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                (3) specific in designating the particular persons or agencies the data subject is authorizing to disclose information about the data subject;

 

      (4) specific as to the nature of the information the subject is authorizing to be disclosed;

 

      (5) specific as to the persons or agencies entities to whom the subject is authorizing information to be disclosed;

 

      (6) specific as to the purpose or purposes for which the information may be used by any of the parties named in clause (5), both at the time of the disclosure and at any time in the future;

 

      (7) specific as to its expiration date which should be within a reasonable period of time, not to exceed one year except in the case of authorizations given in connection with applications for (i) life insurance or noncancelable or guaranteed renewable health insurance and identified as such, two years after the date of the policy or (ii) medical assistance under chapter 256B or MinnesotaCare under chapter 256L, which shall be ongoing during all terms of eligibility, for individual education plan health-related services provided by a school district under section 125A.21, subdivision 2.

 

      The responsible authority may require a person requesting copies of data under this paragraph to pay the actual costs of making, certifying, and compiling the copies.

 

      (e) Private or confidential data on an individual may be discussed at a meeting open to the public to the extent provided in section 13D.05.

 

      Sec. 17. Minnesota Statutes 2004, section 13.05, subdivision 6, is amended to read:

 

      Subd. 6. [CONTRACTS.] Except as provided in section 13.46, subdivision 5, in any contract between a governmental unit government entity subject to this chapter and any person, when the contract requires that data on individuals be made available to the contracting parties by the governmental unit government entity, that data shall be administered consistent with this chapter. A contracting party shall maintain the data on individuals which it received according to the statutory provisions applicable to the data.

 

      Sec. 18. Minnesota Statutes 2004, section 13.05, subdivision 7, is amended to read:

 

      Subd. 7. [PREPARATION OF SUMMARY DATA.] The use of summary data derived from private or confidential data on individuals under the jurisdiction of one or more responsible authorities is permitted. Unless classified pursuant to section 13.06, another statute, or federal law, summary data is public. The responsible authority shall prepare summary data from private or confidential data on individuals upon the request of any person if the request is in writing and the cost of preparing the summary data is borne by the requesting person. The responsible authority may delegate the power to prepare summary data (1) to the administrative officer responsible for any central repository of summary data; or (2) to a person outside of its agency the entity if the person's purpose is set forth, in writing, and the person agrees not to disclose, and the agency entity reasonably determines that the access will not compromise private or confidential data on individuals.

 

      Sec. 19. Minnesota Statutes 2004, section 13.05, subdivision 8, is amended to read:

 

      Subd. 8. [PUBLICATION OF ACCESS PROCEDURES.] The responsible authority shall prepare a public document setting forth in writing the rights of the data subject pursuant to section 13.04 and the specific procedures in effect in the state agency, statewide system or political subdivision government entity for access by the data subject to public or private data on individuals.


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                Sec. 20. Minnesota Statutes 2004, section 13.05, subdivision 9, is amended to read:

 

      Subd. 9. [INTERGOVERNMENTAL ACCESS OF DATA.] A responsible authority shall allow another responsible authority access to data classified as not public only when the access is authorized or required by statute or federal law. An agency entity that supplies government data under this subdivision may require the requesting agency entity to pay the actual cost of supplying the data.

 

      Sec. 21. [13.055] [STATE AGENCIES; DISCLOSURE OF BREACH IN SECURITY.]

 

      Subdivision 1. [DEFINITIONS.] For purposes of this section, the following terms have the meanings given to them.

 

      (a) "Breach of the security of the data" means unauthorized acquisition of data maintained by a state agency that compromises the security and classification of the data. Good faith acquisition of government data by an employee, contractor, or agent of a state agency for the purposes of the state agency is not a breach of the security of the data, if the government data is not provided to an unauthorized person.

 

      (b) "Contact information" means either name and mailing address or name and e-mail address for each individual who is the subject of data maintained by the state agency.

 

      (c) "Unauthorized acquisition" means that a person has obtained government data without the informed consent of the individuals who are the subjects of the data or statutory authority and with the intent to use the data for non-governmental purposes.

 

      (d) "Unauthorized person" means any person who accesses government data without permission or without a work assignment that reasonably requires the person to have access to the data.

 

      Subd. 2. [NOTICE TO INDIVIDUALS.] A state agency that collects, creates, receives, maintains or disseminates private or confidential data on individuals must disclose any breach of the security of the data following discovery or notification of the breach. Notification must be made to any individual who is the subject of the data and whose private or confidential data was, or is reasonably believed to have been, acquired by an unauthorized person. The disclosure must be made in the most expedient time possible and without unreasonable delay, consistent with (1) the legitimate needs of a law enforcement agency as provided in subdivision 3; or (2) any measures necessary to determine the scope of the breach and restore the reasonable security of the data.

 

      Subd. 3. [DELAYED NOTICE.] The notification required by this section may be delayed if a law enforcement agency determines that the notification will impede an active criminal investigation. The notification required by this section must be made after the law enforcement agency determines that it will not compromise the investigation.

 

      Subd. 4. [METHOD OF NOTICE.] Notice under this section may be provided by one of the following methods:

 

      (a) written notice by first class mail to each affected individual;

 

      (b) electronic notice to each affected individual, if the notice provided is consistent with the provisions regarding electronic records and signatures as set forth in United States Code, title 15, section 7001; or

 

      (c) substitute notice, if the state agency demonstrates that the cost of providing the written notice required by paragraph (a) would exceed $250,000, or that the affected class of individuals to be notified exceeds 500,000, or the state agency does not have sufficient contact information. Substitute notice consists of all of the following:

 

      (i) e-mail notice if the state agency has an e-mail address for the affected individuals;


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                (ii) conspicuous posting of the notice on the Web site page of the state agency, if the state agency maintains a Web site; and

 

      (iii) notification to major media outlets that reach the general public.

 

      Subd. 5. [COORDINATION WITH CONSUMER REPORTING AGENCIES.] If the state agency discovers circumstances requiring notification under this section of more than 1,000 individuals at one time, the state agency must also notify, without unreasonable delay, all consumer reporting agencies that compile and maintain files on consumers on a nationwide basis, as defined in United States Code, title 15, section 1681a, of the timing, distribution, and content of the notices.

 

      Sec. 22. Minnesota Statutes 2004, section 13.06, subdivision 1, is amended to read:

 

      Subdivision 1. [APPLICATION TO COMMISSIONER.] Notwithstanding the provisions of section 13.03, the responsible authority of a state agency, political subdivision, or statewide system government entity may apply to the commissioner for permission to classify data or types of data on individuals as private or confidential, or data not on individuals as nonpublic or protected nonpublic, for its own use and for the use of other similar agencies, political subdivisions, or statewide systems government entities on a temporary basis until a proposed statute can be acted upon by the legislature. The application for temporary classification is public.

 

      Upon the filing of an application for temporary classification, the data which is the subject of the application shall be deemed to be classified as set forth in the application for a period of 45 days, or until the application is disapproved, rejected, or granted by the commissioner, whichever is earlier.

 

      If the commissioner determines that an application has been submitted for purposes not consistent with this section, the commissioner may immediately reject the application, give notice of that rejection to the applicant, and return the application. When the applicant receives the notice of rejection from the commissioner, the data which was the subject of the application shall have the classification it had before the application was submitted to the commissioner.

 

      Sec. 23. Minnesota Statutes 2004, section 13.06, subdivision 2, is amended to read:

 

      Subd. 2. [CONTENTS OF APPLICATION FOR PRIVATE OR CONFIDENTIAL DATA.] An application for temporary classification of data on individuals shall include and the applicant shall have the burden of clearly establishing that no statute currently exists which either allows or forbids classification as private or confidential; and either

 

      (a) that data similar to that for which the temporary classification is sought has been treated as either private or confidential by other state agencies or political subdivisions government entities, and by the public; or

 

      (b) that a compelling need exists for immediate temporary classification, which if not granted could adversely affect the public interest or the health, safety, well being or reputation of the data subject.

 

      Sec. 24. Minnesota Statutes 2004, section 13.06, subdivision 3, is amended to read:

 

      Subd. 3. [CONTENTS OF APPLICATION FOR NONPUBLIC OR NONPUBLIC PROTECTED DATA.] An application for temporary classification of government data not on individuals shall include and the applicant shall have the burden of clearly establishing that no statute currently exists which either allows or forbids classification as nonpublic or protected nonpublic; and either


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                (a) that data similar to that for which the temporary classification is sought has been treated as nonpublic or protected nonpublic by other state agencies or political subdivisions government entities, and by the public; or

 

      (b) public access to the data would render unworkable a program authorized by law; or

 

      (c) that a compelling need exists for immediate temporary classification, which if not granted could adversely affect the health, safety or welfare of the public.

 

      Sec. 25. Minnesota Statutes 2004, section 13.06, subdivision 4, is amended to read:

 

      Subd. 4. [PROCEDURE WHEN CLASSIFICATION AFFECTS OTHERS.] If the commissioner determines that an application for temporary classification involves data which would reasonably be classified in the same manner by all agencies, political subdivisions, or statewide systems government entities similar to the one which made the application, the commissioner may approve or disapprove the classification for data of the kind which is the subject of the application for the use of all agencies, political subdivisions, or statewide systems government entities similar to the applicant. On deeming this approach advisable, the commissioner shall provide notice of the proposed action by publication in the State Register within ten days of receiving the application. Within 30 days after publication in the State Register an affected agency, political subdivision, government entity or the public, or statewide system may submit comments on the commissioner's proposal. The commissioner shall consider any comments received when granting or denying a classification for data of the kind which is the subject of the application, for the use of all agencies, political subdivisions, or statewide systems government entities similar to the applicant. Within 45 days after the close of the period for submitting comment, the commissioner shall grant or disapprove the application. Applications processed under this subdivision shall be either approved or disapproved by the commissioner within 90 days of the receipt of the application. For purposes of subdivision 1, the data which is the subject of the classification shall be deemed to be classified as set forth in the application for a period of 90 days, or until the application is disapproved or granted by the commissioner, whichever is earlier. If requested in the application, or determined to be necessary by the commissioner, the data in the application shall be so classified for all agencies, political subdivisions, or statewide systems government entities similar to the applicant until the application is disapproved or granted by the commissioner, whichever is earlier. Proceedings after the grant or disapproval shall be governed by the provisions of subdivision 5.

 

      Sec. 26. Minnesota Statutes 2004, section 13.07, is amended to read:

 

      13.07 [DUTIES OF THE COMMISSIONER.]

 

      The commissioner shall promulgate rules, in accordance with the rulemaking procedures in the Administrative Procedure Act which shall apply to state agencies, statewide systems and political subdivisions government entities to implement the enforcement and administration of this chapter. The rules shall not affect section 13.04, relating to rights of subjects of data. Prior to the adoption of rules authorized by this section the commissioner shall give notice to all state agencies and political subdivisions in the same manner and in addition to other parties as required by section 14.06 of the date and place of hearing, enclosing a copy of the rules to be adopted.

 

      Sec. 27. Minnesota Statutes 2004, section 13.072, subdivision 4, is amended to read:

 

      Subd. 4. [DATA SUBMITTED TO COMMISSIONER.] A state agency, statewide system, or political subdivision government entity may submit not public data to the commissioner for the purpose of requesting or responding to a person's request for an opinion. Government data submitted to the commissioner by a state agency, statewide system, or political subdivision government entity or copies of government data submitted by other persons have the same classification as the data have when held by the state agency, statewide system, or political subdivision government entity. If the nature of the opinion is such that the release of the opinion would reveal not public data, the commissioner may issue an opinion using pseudonyms for individuals. Data maintained by the commissioner, in the record of an opinion issued using pseudonyms that would reveal the identities of individuals protected by the use of the pseudonyms, are private data on individuals.


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                Sec. 28. Minnesota Statutes 2004, section 13.073, subdivision 3, is amended to read:

 

      Subd. 3. [BASIC TRAINING.] The basic training component should be designed to meet the basic information policy needs of all government employees and public officials with a focus on key data practices laws and procedures that apply to all government entities. The commissioner should design the basic training component in a manner that minimizes duplication of the effort and cost for government entities to provide basic training. The commissioner may develop general programs and materials for basic training such as video presentations, data practices booklets, and training guides. The commissioner may assist state and local government agencies entities in developing training expertise within their own agencies entities and offer assistance for periodic training sessions for this purpose.

 

      Sec. 29. Minnesota Statutes 2004, section 13.08, subdivision 1, is amended to read:

 

      Subdivision 1. [ACTION FOR DAMAGES.] Notwithstanding section 466.03, a political subdivision, responsible authority, statewide system, or state agency government entity which violates any provision of this chapter is liable to a person or representative of a decedent who suffers any damage as a result of the violation, and the person damaged or a representative in the case of private data on decedents or confidential data on decedents may bring an action against the political subdivision, responsible authority, statewide system or state agency government entity to cover any damages sustained, plus costs and reasonable attorney fees. In the case of a willful violation, the political subdivision, statewide system or state agency government entity shall, in addition, be liable to exemplary damages of not less than $100, nor more than $10,000 for each violation. The state is deemed to have waived any immunity to a cause of action brought under this chapter.

 

      Sec. 30. Minnesota Statutes 2004, section 13.08, subdivision 2, is amended to read:

 

      Subd. 2. [INJUNCTION.] A political subdivision, responsible authority, statewide system or state agency government entity which violates or proposes to violate this chapter may be enjoined by the district court. The court may make any order or judgment as may be necessary to prevent the use or employment by any person of any practices which violate this chapter.

 

      Sec. 31. Minnesota Statutes 2004, section 13.08, subdivision 5, is amended to read:

 

      Subd. 5. [IMMUNITY FROM LIABILITY.] A state agency, statewide system, political subdivision, government entity or person that releases not public data pursuant to an order under section 13.03, subdivision 6 is immune from civil and criminal liability.

 

      Sec. 32. Minnesota Statutes 2004, section 13.32, is amended by adding a subdivision to read:

 

      Subd. 10. [EDUCATION RECORDS; CHILD WITH DISABILITY.] Nothing in this chapter shall be construed as limiting the frequency of inspection of the educational records of a child with a disability by the child's parent or guardian or by the child upon the child reaching the age of majority. An agency or institution may not charge a fee to search for or to retrieve the educational records. An agency or institution that receives a request for copies of the educational records of a child with a disability may charge a fee that reflects the costs of reproducing the records except when to do so would impair the ability of the child's parent or guardian, or the child who has reached the age of majority, to exercise their right to inspect and review those records.


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                Sec. 33. Minnesota Statutes 2004, section 13.37, subdivision 1, is amended to read:

 

      Subdivision 1. [DEFINITIONS.] As used in this section, the following terms have the meanings given them.

 

      (a) "Security information" means government data the disclosure of which would be likely to substantially jeopardize the security of information, possessions, individuals or property against theft, tampering, improper use, attempted escape, illegal disclosure, trespass, or physical injury. "Security information" includes crime prevention block maps and lists of volunteers who participate in community crime prevention programs and their home addresses and telephone numbers.

 

      (b) "Trade secret information" means government data, including a formula, pattern, compilation, program, device, method, technique or process (1) that was supplied by the affected individual or organization, (2) that is the subject of efforts by the individual or organization that are reasonable under the circumstances to maintain its secrecy, and (3) that derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use.

 

      (c) "Labor relations information" means management positions on economic and noneconomic items that have not been presented during the collective bargaining process or interest arbitration, including information specifically collected or created to prepare the management position.

 

      (d) "Parking space leasing data" means the following government data on an applicant for, or lessee of, a parking space: residence address, home telephone number, beginning and ending work hours, place of employment, work telephone number, and location of the parking space.

 

      (e) "Internal competitive proposal" means a proposal to provide government services that is prepared by the staff of a political subdivision in competition with proposals solicited by the political subdivision from the private sector.

 

      Sec. 34. Minnesota Statutes 2004, section 13.37, subdivision 2, is amended to read:

 

      Subd. 2. [CLASSIFICATION.] The following government data is classified as nonpublic data with regard to data not on individuals, pursuant to section 13.02, subdivision 9, and as private data with regard to data on individuals, pursuant to section 13.02, subdivision 12: Security information; trade secret information; sealed absentee ballots prior to opening by an election judge; sealed bids, including the number of bids received, prior to the opening of the bids; internal competitive proposals prior to the time specified by a political subdivision for the receipt of private sector proposals for the services; parking space leasing data; and labor relations information, provided that specific labor relations information which relates to a specific labor organization is classified as protected nonpublic data pursuant to section 13.02, subdivision 13.

 

      Sec. 35. Minnesota Statutes 2004, section 13.37, subdivision 3, is amended to read:

 

      Subd. 3. [DATA DISSEMINATION.] (a) Crime prevention block maps and names, home addresses, and telephone numbers of volunteers who participate in community crime prevention programs may be disseminated to volunteers participating in crime prevention programs. The location of a National Night Out event is public data.

 

      (b) The responsible authority of a government entity in consultation with the appropriate chief law enforcement officer, emergency manager, or public health official, may make security information accessible to any person, entity, or the public if the government entity determines that the access will aid public health, promote public safety, or assist law enforcement.


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                Sec. 36. Minnesota Statutes 2004, section 13.3805, is amended by adding a subdivision to read:

 

      Subd. 3. [OFFICE OF HEALTH FACILITY COMPLAINTS; INVESTIGATIVE DATA.] Except for investigative data under section 626.556, all investigative data maintained by the Department of Health's Office of Health Facility Complaints are subject to provisions of and classified pursuant to section 626.557, subdivision 12b, paragraphs (b) to (d). Notwithstanding sections 626.556, subdivision 11, and 626.557, subdivision 12b, paragraph (b), data identifying an individual substantiated as the perpetrator are public data. For purposes of this subdivision, an individual is substantiated as the perpetrator if the commissioner of health determines that the individual is the perpetrator and the determination of the commissioner is upheld after the individual either exercises applicable administrative appeal rights or fails to exercise these rights within the time allowed by law.

 

      Sec. 37. Minnesota Statutes 2004, section 13.43, subdivision 1, is amended to read:

 

      Subdivision 1. [DEFINITION.] As used in this section, "personnel data" means data on individuals collected because the individual is or was an employee of or an applicant for employment by, performs services on a voluntary basis for, or acts as an independent contractor with a state agency, statewide system or political subdivision or is a member of or an applicant for an advisory board or commission government entity. Personnel data includes data submitted by an employee to a government entity as part of an organized self-evaluation effort by the government entity to request suggestions from all employees on ways to cut costs, make government more efficient, or improve the operation of government. An employee who is identified in a suggestion shall have access to all data in the suggestion except the identity of the employee making the suggestion.

 

      Sec. 38. Minnesota Statutes 2004, section 13.43, subdivision 2, is amended to read:

 

      Subd. 2. [PUBLIC DATA.] (a) Except for employees described in subdivision 5 and subject to the limitations described in subdivision 5a, the following personnel data on current and former employees, volunteers, and independent contractors of a state agency, statewide system, or political subdivision and members of advisory boards or commissions government entity is public:

 

      (1) name; employee identification number, which must not be the employee's Social Security number; actual gross salary; salary range; contract fees; actual gross pension; the value and nature of employer paid fringe benefits; and the basis for and the amount of any added remuneration, including expense reimbursement, in addition to salary;

 

      (2) job title and bargaining unit; job description; education and training background; and previous work experience;

 

      (3) date of first and last employment;

 

      (4) the existence and status of any complaints or charges against the employee, regardless of whether the complaint or charge resulted in a disciplinary action;

 

      (5) the final disposition of any disciplinary action together with the specific reasons for the action and data documenting the basis of the action, excluding data that would identify confidential sources who are employees of the public body;

 

      (6) the terms of any agreement settling any dispute arising out of an employment relationship, including a buyout agreement as defined in section 123B.143, subdivision 2, paragraph (a); except that the agreement must include specific reasons for the agreement if it involves the payment of more than $10,000 of public money;

 

      (7) work location; a work telephone number; badge number; and honors and awards received; and


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                (8) payroll time sheets or other comparable data that are only used to account for employee's work time for payroll purposes, except to the extent that release of time sheet data would reveal the employee's reasons for the use of sick or other medical leave or other not public data.

 

      (b) For purposes of this subdivision, a final disposition occurs when the state agency, statewide system, or political subdivision makes its final decision about the disciplinary action, regardless of the possibility of any later proceedings or court proceedings. In the case of arbitration proceedings arising under collective bargaining agreements, a final disposition occurs at the conclusion of the arbitration proceedings, or upon the failure of the employee to elect arbitration within the time provided by the collective bargaining agreement. Final disposition includes a resignation by an individual when the resignation occurs after the final decision of the state agency, statewide system, political subdivision, or arbitrator.

 

      (c) The state agency, statewide system, or political subdivision may display a photograph of a current or former employee to a prospective witness as part of the state agency's, statewide system's, or political subdivision's investigation of any complaint or charge against the employee.

 

      (d) A complainant has access to a statement provided by the complainant to a state agency, statewide system, or political subdivision in connection with a complaint or charge against an employee.

 

      (e) Notwithstanding paragraph (a), clause (5), upon completion of an investigation of a complaint or charge against a public official, or if a public official resigns or is terminated from employment while the complaint or charge is pending, all data relating to the complaint or charge are public, unless access to the data would jeopardize an active investigation or reveal confidential sources. For purposes of this paragraph, "public official" means:

 

      (1) the head of a state agency and deputy and assistant state agency heads;

 

      (2) members of boards or commissions required by law to be appointed by the governor or other elective officers; and

 

      (3) executive or administrative heads of departments, bureaus, divisions, or institutions.

 

      Sec. 39. Minnesota Statutes 2004, section 13.43, subdivision 3, is amended to read:

 

      Subd. 3. [APPLICANT DATA.] Except for applicants described in subdivision 5, the following personnel data on current and former applicants for employment by a state agency, statewide system or political subdivision or appointment to an advisory board or commission government entity is public: veteran status; relevant test scores; rank on eligible list; job history; education and training; and work availability. Names of applicants shall be private data except when certified as eligible for appointment to a vacancy or when applicants are considered by the appointing authority to be finalists for a position in public employment. For purposes of this subdivision, "finalist" means an individual who is selected to be interviewed by the appointing authority prior to selection. Names and home addresses of applicants for appointment to and members of an advisory board or commission are public.

 

      Sec. 40. Minnesota Statutes 2004, section 13.46, subdivision 4, is amended to read:

 

      Subd. 4. [LICENSING DATA.] (a) As used in this subdivision:

 

      (1) "licensing data" means all data collected, maintained, used, or disseminated by the welfare system pertaining to persons licensed or registered or who apply for licensure or registration or who formerly were licensed or registered under the authority of the commissioner of human services;

 

      (2) "client" means a person who is receiving services from a licensee or from an applicant for licensure; and


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                (3) "personal and personal financial data" means Social Security numbers, identity of and letters of reference, insurance information, reports from the Bureau of Criminal Apprehension, health examination reports, and social/home studies.

 

      (b)(1) Except as provided in paragraph (c), the following data on current and former licensees are public: name, address, telephone number of licensees, date of receipt of a completed application, dates of licensure, licensed capacity, type of client preferred, variances granted, record of training and education in child care and child development, type of dwelling, name and relationship of other family members, previous license history, class of license, and the existence and status of complaints, and the number of serious injuries to or deaths of individuals in the licensed program as reported to the commissioner of human services, the local social services agency, or any other county welfare agency. For purposes of this clause, a serious injury is one that is treated by a physician. When a correction order or fine has been issued, a license is suspended, immediately suspended, revoked, denied, or made conditional, or a complaint is resolved, the following data on current and former licensees are public: the substance and investigative findings of the licensing or maltreatment complaint, licensing violation, or substantiated maltreatment; the record of informal resolution of a licensing violation; orders of hearing; findings of fact; conclusions of law; specifications of the final correction order, fine, suspension, immediate suspension, revocation, denial, or conditional license contained in the record of licensing action; and the status of any appeal of these actions. When an individual licensee is a substantiated perpetrator of maltreatment, and the substantiated maltreatment is a reason for the licensing action, the identity of the licensee as a perpetrator is public data. For purposes of this clause, a person is a substantiated perpetrator if the maltreatment determination has been upheld under section 626.556, subdivision 10i, 626.557, subdivision 9d, or 256.045, or an individual or facility has not timely exercised appeal rights under these sections.

 

      (2) Notwithstanding sections 626.556, subdivision 11, and 626.557, subdivision 12b, when any person subject to disqualification under section 245C.14 in connection with a license to provide family day care for children, child care center services, foster care for children in the provider's home, or foster care or day care services for adults in the provider's home is a substantiated perpetrator of maltreatment, and the substantiated maltreatment is a reason for a licensing action, the identity of the substantiated perpetrator of maltreatment is public data. For purposes of this clause, a person is a substantiated perpetrator if the maltreatment determination has been upheld under section 256.045; 626.556, subdivision 10i; 626.557, subdivision 9d; or chapter 14, or if an individual or facility has not timely exercised appeal rights under these sections.

 

      (2) (3) For applicants who withdraw their application prior to licensure or denial of a license, the following data are public: the name of the applicant, the city and county in which the applicant was seeking licensure, the dates of the commissioner's receipt of the initial application and completed application, the type of license sought, and the date of withdrawal of the application.

 

      (3) (4) For applicants who are denied a license, the following data are public: the name of the applicant, the city and county in which the applicant was seeking licensure, the dates of the commissioner's receipt of the initial application and completed application, the type of license sought, the date of denial of the application, the nature of the basis for the denial, and the status of any appeal of the denial.

 

      (4) (5) The following data on persons subject to disqualification under section 245C.14 in connection with a license to provide family day care for children, child care center services, foster care for children in the provider's home, or foster care or day care services for adults in the provider's home, are public: the nature of any disqualification set aside under section 245C.22, subdivisions 2 and 4, and the reasons for setting aside the disqualification; the nature of any disqualification for which a variance was granted under sections 245A.04, subdivision 9; and 245C.30, and the reasons for granting any variance under section 245A.04, subdivision 9; and, if applicable, the disclosure that any person subject to a background study under section 245C.03, subdivision 1, has successfully passed a background study.


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                (5) (6) When maltreatment is substantiated under section 626.556 or 626.557 and the victim and the substantiated perpetrator are affiliated with a program licensed under chapter 245A, the commissioner of human services, local social services agency, or county welfare agency may inform the license holder where the maltreatment occurred of the identity of the substantiated perpetrator and the victim.

 

      (c) The following are private data on individuals under section 13.02, subdivision 12, or nonpublic data under section 13.02, subdivision 9: personal and personal financial data on family day care program and family foster care program applicants and licensees and their family members who provide services under the license.

 

      (d) The following are private data on individuals: the identity of persons who have made reports concerning licensees or applicants that appear in inactive investigative data, and the records of clients or employees of the licensee or applicant for licensure whose records are received by the licensing agency for purposes of review or in anticipation of a contested matter. The names of reporters under sections 626.556 and 626.557 may be disclosed only as provided in section 626.556, subdivision 11, or 626.557, subdivision 12b.

 

      (e) Data classified as private, confidential, nonpublic, or protected nonpublic under this subdivision become public data if submitted to a court or administrative law judge as part of a disciplinary proceeding in which there is a public hearing concerning a license which has been suspended, immediately suspended, revoked, or denied.

 

      (f) Data generated in the course of licensing investigations that relate to an alleged violation of law are investigative data under subdivision 3.

 

      (g) Data that are not public data collected, maintained, used, or disseminated under this subdivision that relate to or are derived from a report as defined in section 626.556, subdivision 2, or 626.5572, subdivision 18, are subject to the destruction provisions of sections 626.556, subdivision 11c, and 626.557, subdivision 12b.

 

      (h) Upon request, not public data collected, maintained, used, or disseminated under this subdivision that relate to or are derived from a report of substantiated maltreatment as defined in section 626.556 or 626.557 may be exchanged with the Department of Health for purposes of completing background studies pursuant to section 144.057 and with the Department of Corrections for purposes of completing background studies pursuant to section 241.021.

 

      (i) Data on individuals collected according to licensing activities under chapters 245A and 245C, and data on individuals collected by the commissioner of human services according to maltreatment investigations under sections 626.556 and 626.557, may be shared with the Department of Human Rights, the Department of Health, the Department of Corrections, the Ombudsman for Mental Health and Retardation, and the individual's professional regulatory board when there is reason to believe that laws or standards under the jurisdiction of those agencies may have been violated.

 

      (j) In addition to the notice of determinations required under section 626.556, subdivision 10f, if the commissioner or the local social services agency has determined that an individual is a substantiated perpetrator of maltreatment of a child based on sexual abuse, as defined in section 626.556, subdivision 2, and the commissioner or local social services agency knows that the individual is a person responsible for a child's care in another facility, the commissioner or local social services agency shall notify the head of that facility of this determination. The notification must include an explanation of the individual's available appeal rights and the status of any appeal. If a notice is given under this paragraph, the government entity making the notification shall provide a copy of the notice to the individual who is the subject of the notice.


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                Sec. 41. Minnesota Statutes 2004, section 13.591, is amended by adding a subdivision to read:

 

      Subd. 4. [CLASSIFICATION OF EVALUATIVE DATA; DATA SHARING.] (a) Data created or maintained by a government entity as part of the selection or evaluation process referred to in this section are protected nonpublic data until completion of the selection process or completion of the evaluation process at which time the data are public with the exception of trade secret data as defined and classified in section 13.37.

 

      (b) If a state agency asks employees of other state agencies to assist with the selection of the responses to a request for bid or the evaluation of responses to a request for proposal, the state agency may share not public data in the responses with those employees. The employees participating in the selection or evaluation may not further disseminate the not public data they review.

 

      Sec. 42. Minnesota Statutes 2004, section 13.591, is amended by adding a subdivision to read:

 

      Subd. 5. [INTERNAL COMPETITIVE RESPONSE.] (a) For purposes of this subdivision, "internal competitive response" means a bid or proposal to provide government goods or services that is prepared by the staff of a government entity in competition with bids or proposals solicited by (1) the same government entity from the private sector or (2) a different government entity from the private sector.

 

      (b) Data in an internal competitive response is classified as private or nonpublic until completion of the selection process or completion of the evaluation process at which time the data are public with the exception of trade secret data as defined and classified in section 13.37.

 

      Sec. 43. Minnesota Statutes 2004, section 13.601, is amended by adding a subdivision to read:

 

      Subd. 3. [APPLICANTS FOR ELECTION OR APPOINTMENT.] The following data on all applicants for election or appointment to a public body, including those subject to chapter 13D, are public: name, city of residence, education and training, employment history, volunteer work, awards and honors, and prior government service or experience.

 

      Sec. 44. Minnesota Statutes 2004, section 13.635, is amended by adding a subdivision to read:

 

      Subd. 1a. [STATE BOARD OF INVESTMENT.] Certain government data of the State Board of Investment related to investments are classified under section 11A.24, subdivision 6.

 

      [EFFECTIVE DATE.] This section is effective the day following final enactment.

 

      Sec. 45. Minnesota Statutes 2004, section 13.643, is amended by adding a subdivision to read:

 

      Subd. 6. [ANIMAL PREMISE DATA.] (a) The following data collected and maintained by the Board of Animal Health related to registration and identification of premises and animals under chapter 35, are classified as private or nonpublic:

 

      (1) the names and addresses;

 

      (2) the location of the premises where animals are kept; and

 

      (3) the identification number of the premises or the animal.


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                (b) The Board of Animal Health may disclose data collected under paragraph (a) to any person, agency, or to the public if the board determines that the access will aid in the law enforcement process or the protection of public or animal health or safety.

 

      Sec. 46. Minnesota Statutes 2004, section 13.72, is amended by adding a subdivision to read:

 

      Subd. 11. [DESIGN-BUILD TRANSPORTATION PROJECT.] When the Department of Transportation undertakes a design-build transportation project as defined in section 161.3410, subdivision 6, the statement of qualification evaluation criteria and scoring methodology, statement of qualification evaluations, technical proposal evaluation criteria and scoring methodology, and technical proposal evaluations are classified as protected nonpublic data with regard to data not on individuals and as confidential data on individuals. The statement of qualification evaluation criteria and scoring methodology and statement of qualification evaluations are public when the Department of Transportation announces the short list of qualified contractors. The technical proposal evaluation criteria, scoring methodology, and technical proposal evaluations are public when the project is awarded.

 

      [EFFECTIVE DATE.] This section is effective the day following final enactment.

 

      Sec. 47. Minnesota Statutes 2004, section 13.72, is amended by adding a subdivision to read:

 

      Subd. 13. [TRANSPORTATION DEPARTMENT DATA.] When the commissioner of transportation determines that the design-build best value method of project delivery is appropriate for a project under sections 161.3410 to 161.3428, relocation reports, planimetric files, digital terrain models, preliminary design drawings, commissioner's orders, requests for proposals, and requests for qualifications are classified as protected nonpublic data with regard to data not on individuals and confidential data on individuals until the department publishes the data as part of the request for proposal process. The commissioner may release design-build data to land owners, counties, cities, and other parties under contract to a government entity as necessary to facilitate project development. The released data retain their classification as protected nonpublic data with regard to data not on individuals and confidential data on individuals as provided by section 13.03, subdivision 4, paragraph (c), until the department publishes the data as part of the request for proposal process.

 

      [EFFECTIVE DATE.] This section is effective the day following final enactment.

 

      Sec. 48. Minnesota Statutes 2004, section 13.72, is amended by adding a subdivision to read:

 

      Subd. 14. [ACCOUNT DATA.] The following data pertaining to applicants for or users of toll facilities, and high-occupancy vehicle lanes for which a user fee is charged under section 169.03, are classified as nonpublic data with regard to data not on individuals and as private data with regard to data on individuals: data contained in applications for the purchase, lease, or rental of a device such as an electronic vehicle transponder which automatically assesses charges for a vehicle's use of toll roads; personal and vehicle identification data; financial and credit data; and toll road usage data. Nothing in this subdivision prohibits the production of summary data as defined in section 13.02, subdivision 19.

 

      [EFFECTIVE DATE.] This section is effective the day following final enactment.

 

      Sec. 49. Minnesota Statutes 2004, section 13.82, subdivision 1, is amended to read:

 

      Subdivision 1. [APPLICATION.] This section shall apply to agencies which carry on a law enforcement function, including but not limited to municipal police departments, county sheriff departments, fire departments, the Bureau of Criminal Apprehension, the Minnesota State Patrol, the Board of Peace Officer Standards and


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Training, the Division of Insurance Fraud Prevention in the Department of Commerce, and the program integrity section of, and county human service agency client and provider fraud prevention and control units operated or supervised by the Department of Human Services.

 

      [EFFECTIVE DATE.] This section is effective the day following final enactment.

 

      Sec. 50. Minnesota Statutes 2004, section 13.82, subdivision 16, is amended to read:

 

      Subd. 16. [PUBLIC ACCESS.] When data is classified as public under this section, a law enforcement agency shall not be required to make the actual physical data available to the public if it is not administratively feasible to segregate the public data from the confidential not public. However, the agency must make the information described as public data available to the public in a reasonable manner. When investigative data becomes inactive, as described in subdivision 7, the actual physical data associated with that investigation, including the public data, shall be available for public access.

 

      [EFFECTIVE DATE.] This section is effective the day following final enactment.

 

      Sec. 51. Minnesota Statutes 2004, section 16C.06, subdivision 5, is amended to read:

 

      Subd. 5. [STATE AS RESPONDER.] The head of an agency, in consultation with the requesting agency and the commissioner, may respond to a solicitation or request if the goods and services meet the needs of the requesting agency and provide the state with the best value. When an agency responds to a solicitation, all work product relating to the response is nonpublic data as defined in section 13.02, and shall become public information in accordance with subdivision 3 classified by section 13.591, subdivision 4.

 

      Sec. 52. [41A.0235] [BOARD MEETINGS BY TELEPHONE OR OTHER ELECTRONIC MEANS.]

 

      (a) If compliance with section 13D.02 is impractical, the Minnesota Agricultural and Economic Development Board may conduct a meeting of its members by telephone or other electronic means so long as the following conditions are met:

 

      (1) all members of the board participating in the meeting, wherever their physical location, can hear one another and can hear all discussion and testimony;

 

      (2) members of the public present at the regular meeting location of the board can hear clearly all discussion and testimony and all votes of members of the board and, if needed, receive those services required by sections 15.44 and 15.441;

 

      (3) at least one member of the board is physically present at the regular meeting location; and

 

      (4) all votes are conducted by roll call, so each member's vote on each issue can be identified and recorded.

 

      (b) Each member of the board participating in a meeting by telephone or other electronic means is considered present at the meeting for purposes of determining a quorum and participating in all proceedings.

 

      (c) If telephone or other electronic means is used to conduct a meeting, the board, to the extent practical, shall allow a person to monitor the meeting electronically from a remote location. The board may require the person making such a connection to pay for documented marginal costs that the board incurs as a result of the additional connection.


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                (d) If telephone or other electronic means is used to conduct a regular, special, or emergency meeting, the board shall provide notice of the regular meeting location, of the fact that some members may participate by telephone or other electronic means, and of the provisions of paragraph (c). The timing and method of providing notice is governed by section 13D.04.

 

      Sec. 53. Minnesota Statutes 2004, section 116J.68, is amended by adding a subdivision to read:

 

      Subd. 5. [ADVISORY BOARD MEETINGS.] (a) If compliance with section 13D.02 is impractical, the Small Business Development Center Advisory Board, created pursuant to United State Code, title 15, section 648, may conduct a meeting of its members by telephone or other electronic means so long as the following conditions are met:

 

      (1) all members of the board participating in the meeting, wherever their physical location, can hear one another and can hear all discussion and testimony;

 

      (2) members of the public present at the regular meeting location of the board can hear clearly all discussion and testimony and all votes of members of the board and, if needed, receive those services required by sections 15.44 and 15.441;

 

      (3) at least one member of the board is physically present at the regular meeting location; and

 

      (4) all votes are conducted by roll call, so each member's vote on each issue can be identified and recorded.

 

      (b) Each member of the board participating in a meeting by telephone or other electronic means is considered present at the meeting for purposes of determining a quorum and participating in all proceedings.

 

      (c) If telephone or other electronic means is used to conduct a meeting, the board, to the extent practical, shall allow a person to monitor the meeting electronically from a remote location. The board may require the person making such a connection to pay for documented marginal costs that the board incurs as a result of the additional connection.

 

      (d) If telephone or other electronic means is used to conduct a regular, special, or emergency meeting, the board shall provide notice of the regular meeting location, of the fact that some members may participate by telephone or other electronic means, and of the provisions of paragraph (c). The timing and method of providing notice is governed by section 13D.04.

 

      Sec. 54. Minnesota Statutes 2004, section 116L.03, is amended by adding a subdivision to read:

 

      Subd. 8. [BOARD MEETINGS.] (a) If compliance with section 13D.02 is impractical, the Minnesota Job Skills Partnership Board may conduct a meeting of its members by telephone or other electronic means so long as the following conditions are met:

 

      (1) all members of the board participating in the meeting, wherever their physical location, can hear one another and can hear all discussion and testimony;

 

      (2) members of the public present at the regular meeting location of the board can hear clearly all discussion and testimony and all votes of members of the board and, if needed, receive those services required by sections 15.44 and 15.441;

 

      (3) at least one member of the board is physically present at the regular meeting location; and


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                (4) all votes are conducted by roll call, so each member's vote on each issue can be identified and recorded.

 

      (b) Each member of the board participating in a meeting by telephone or other electronic means is considered present at the meeting for purposes of determining a quorum and participating in all proceedings.

 

      (c) If telephone or other electronic means is used to conduct a meeting, the board, to the extent practical, shall allow a person to monitor the meeting electronically from a remote location. The board may require the person making such a connection to pay for documented marginal costs that the board incurs as a result of the additional connection.

 

      (d) If telephone or other electronic means is used to conduct a regular, special, or emergency meeting, the board shall provide notice of the regular meeting location, of the fact that some members may participate by telephone or other electronic means, and of the provisions of paragraph (c). The timing and method of providing notice is governed by section 13D.04.

 

      Sec. 55. Minnesota Statutes 2004, section 116L.665, is amended by adding a subdivision to read:

 

      Subd. 2a. [COUNCIL MEETINGS.] (a) If compliance with section 13D.02 is impractical, the Governor's Workforce Development Council may conduct a meeting of its members by telephone or other electronic means so long as the following conditions are met:

 

      (1) all members of the council participating in the meeting, wherever their physical location, can hear one another and can hear all discussion and testimony;

 

      (2) members of the public present at the regular meeting location of the council can hear clearly all discussion and testimony and all votes of members of the council and, if needed, receive those services required by sections 15.44 and 15.441;

 

      (3) at least one member of the council is physically present at the regular meeting location; and

 

      (4) all votes are conducted by roll call, so each member's vote on each issue can be identified and recorded.

 

      (b) Each member of the council participating in a meeting by telephone or other electronic means is considered present at the meeting for purposes of determining a quorum and participating in all proceedings.

 

      (c) If telephone or other electronic means is used to conduct a meeting, the council, to the extent practical, shall allow a person to monitor the meeting electronically from a remote location. The council may require the person making such a connection to pay for documented marginal costs that the council incurs as a result of the additional connection.

 

      (d) If telephone or other electronic means is used to conduct a regular, special, or emergency meeting, the council shall provide notice of the regular meeting location, of the fact that some members may participate by telephone or other electronic means, and of the provisions of paragraph (c). The timing and method of providing notice is governed by section 13D.04.

 

      Sec. 56. Minnesota Statutes 2004, section 116M.15, is amended by adding a subdivision to read:

 

      Subd. 5. [BOARD MEETING.] (a) If compliance with section 13D.02 is impractical, the Urban Initiative Board may conduct a meeting of its members by telephone or other electronic means so long as the following conditions are met:


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                (1) all members of the board participating in the meeting, wherever their physical location, can hear one another and can hear all discussion and testimony;

 

      (2) members of the public present at the regular meeting location of the board can hear clearly all discussion and testimony and all votes of members of the board and, if needed, receive those services required by sections 15.44 and 15.441;

 

      (3) at least one member of the board is physically present at the regular meeting location; and

 

      (4) all votes are conducted by roll call, so each member's vote on each issue can be identified and recorded.

 

      (b) Each member of the board participating in a meeting by telephone or other electronic means is considered present at the meeting for purposes of determining a quorum and participating in all proceedings.

 

      (c) If telephone or other electronic means is used to conduct a meeting, the board, to the extent practical, shall allow a person to monitor the meeting electronically from a remote location. The board may require the person making such a connection to pay for documented marginal costs that the board incurs as a result of the additional connection.

 

      (d) If telephone or other electronic means is used to conduct a regular, special, or emergency meeting, the board shall provide notice of the regular meeting location, of the fact that some members may participate by telephone or other electronic means, and of the provisions of paragraph (c). The timing and method of providing notice is governed by section 13D.04.

 

      Sec. 57. Minnesota Statutes 2004, section 116U.25, is amended to read:

 

      116U.25 [EXPLORE MINNESOTA TOURISM COUNCIL.]

 

      (a) The director shall be advised by the Explore Minnesota Tourism Council consisting of up to 28 voting members appointed by the governor for four-year terms, including:

 

      (1) the director of Explore Minnesota Tourism who serves as the chair;

 

      (2) eleven representatives of statewide associations representing bed and breakfast establishments, golf, festivals and events, counties, convention and visitor bureaus, lodging, resorts, trails, campgrounds, restaurants, and chambers of commerce;

 

      (3) one representative from each of the four tourism marketing regions of the state as designated by the office;

 

      (4) six representatives of the tourism business representing transportation, retail, travel agencies, tour operators, travel media, and convention facilities;

 

      (5) one or more ex-officio nonvoting members including at least one from the University of Minnesota Tourism Center;

 

      (6) four legislators, two from each house, one each from the two largest political party caucuses in each house, appointed according to the rules of the respective houses; and

 

      (7) other persons, if any, as designated from time to time by the governor.


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                (b) The council shall act to serve the broader interests of tourism in Minnesota by promoting activities that support, maintain, and expand the state's domestic and international travel market, thereby generating increased visitor expenditures, tax revenue, and employment.

 

      (c) Filling of membership vacancies is as provided in section 15.059. The terms of one-half of the members shall be coterminous with the governor and the terms of the remaining one-half of the members shall end on the first Monday in January one year after the terms of the other members. Members may serve until their successors are appointed and qualify. Members are not compensated. A member may be reappointed.

 

      (d) The council shall meet at least four times per year and at other times determined by the council. Notwithstanding section 15.059, the council does not expire.

 

      (e) If compliance with section 13D.02 is impractical, the Explore Minnesota Tourism Council may conduct a meeting of its members by telephone or other electronic means so long as the following conditions are met:

 

      (1) all members of the council participating in the meeting, wherever their physical location, can hear one another and can hear all discussion and testimony;

 

      (2) members of the public present at the regular meeting location of the council can hear clearly all discussion and testimony and all votes of members of the council and, if needed, receive those services required by sections 15.44 and 15.441;

 

      (3) at least one member of the council is physically present at the regular meeting location; and

 

      (4) all votes are conducted by roll call, so each member's vote on each issue can be identified and recorded.

 

      (f) Each member of the council participating in a meeting by telephone or other electronic means is considered present at the meeting for purposes of determining a quorum and participating in all proceedings.

 

      (g) If telephone or other electronic means is used to conduct a meeting, the council, to the extent practical, shall allow a person to monitor the meeting electronically from a remote location. The council may require the person making such a connection to pay for documented marginal costs that the council incurs as a result of the additional connection.

 

      (h) If telephone or other electronic means is used to conduct a regular, special, or emergency meeting, the council shall provide notice of the regular meeting location, of the fact that some members may participate by telephone or other electronic means, and of the provisions of paragraph (g). The timing and method of providing notice is governed by section 13D.04.

 

      Sec. 58. Minnesota Statutes 2004, section 168.346, is amended to read:

 

      168.346 [PRIVACY OF NAME OR RESIDENCE ADDRESS PERSONAL INFORMATION.]

 

      (a) The registered owner of a motor vehicle may request in writing that the owner's residence address or name and residence address be classified as private data on individuals, as defined in section 13.02, subdivision 12. The commissioner shall grant the classification upon receipt of a signed statement by the owner that the classification is required for the safety of the owner or the owner's family, if the statement also provides a valid, existing address where the owner consents to receive service of process. The commissioner shall use the mailing address in place of the residence address in all documents and notices pertaining to the motor vehicle. The residence address or name and residence address and any information provided in the classification request, other than the mailing address, are private data on individuals and may be provided to requesting law enforcement agencies, probation and parole


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agencies, and public authorities, as defined in section 518.54, subdivision 9. Subdivision 1. [VEHICLE REGISTRATION DATA; FEDERAL COMPLIANCE.] (a) Data on an individual provided to register a vehicle shall be treated as provided by United States Code, title 18, section 2721, as in effect on May 23, 2005, and shall be disclosed as required or permitted by that section.

 

      (b) An individual The registered owner of a motor vehicle must be informed in a clear and conspicuous manner on the forms for issuance or renewal of titles and registrations, that the owner's personal information who is an individual may be disclosed consent in writing to the commissioner to disclose the individual's personal information exempted by United States Code, title 18, section 2721, to any person who makes a written request for the personal information, and that, except for uses permitted by United States Code, title 18, section 2721, subsection (b),. If the registered owner may prohibit disclosure of the personal information by so indicating on the form is an individual and so authorizes disclosure, the commissioner shall implement the request. For purposes of this paragraph, access by requesters making requests described in section 168.345, subdivision 4, is deemed to be related to public safety.

 

      (c) At the time of registration or renewal, If authorized by the individual registered owner of a motor vehicle must also be informed in a clear and conspicuous manner on forms that as indicated in paragraph (b), the registered owner's personal information may be used, rented, or sold solely for bulk distribution by organizations for business purposes including surveys, marketing, and or solicitation. The commissioner shall implement methods and procedures that enable the registered owner to request that bulk surveys, marketing, or solicitation not be directed to the owner. If the registered owner so requests, the commissioner shall implement the request in a timely manner and the personal information may not be so used.

 

      (d) Subd. 2. [PERSONAL INFORMATION DISCLOSURE FOR PUBLIC SAFETY.] The commissioner shall disclose personal information when the use is related to the operation or use of a motor vehicle or to public safety. The use of personal information is related to public safety if it concerns the physical safety or security of drivers, vehicles, pedestrians, or property. The commissioner may refuse to disclose data under this paragraph subdivision when the commissioner concludes that the requester is likely to use the data for illegal, improper, or noninvestigative purposes.

 

      (e) To the extent permitted by United States Code, title 18, section 2721, data on individuals provided to register a motor vehicle is public data on individuals and shall be disclosed as permitted by United States Code, title 18, section 2721, subsection (b). Subd. 3. [PRIVACY CLASSIFICATION FOR PERSONAL SAFETY.] The registered owner of a vehicle who is an individual may request, in writing, that the registered owner's residence address or name and residence address be classified as "private data on individuals," as defined in section 13.02, subdivision 12. The commissioner shall grant the classification on receipt of a signed statement by the registered owner that the classification is required for the safety of the registered owner or the registered owner's family, if the statement also provides a valid, existing address where the registered owner consents to receive service of process. The commissioner shall use the service of process mailing address in place of the registered owner's residence address in all documents and notices pertaining to the vehicle. The residence address or name and residence address and any information provided in the classification request, other than the individual's service for process mailing address, are private data on individuals but may be provided to requesting law enforcement agencies, probation and parole agencies, and public authorities, as defined in section 518.54, subdivision 9.

 

      Sec. 59. Minnesota Statutes 2004, section 168A.04, is amended by adding a subdivision to read:

 

      Subd. 2a. [ALTERNATE MAILING ADDRESS.] If the United States Postal Service will not deliver mail to the residence address of a registered owner who is an individual as listed on the title application, then the registered owner must provide verification from the United States Postal Service that mail will not be delivered to the registered owner's residence address and that mail will be delivered to a specified alternate mailing address. When an applicant provides an alternate mailing address under this subdivision, the commissioner shall use the alternate mailing address in lieu of the residence address for all notices and mailings to the registered owner.


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                Sec. 60. Minnesota Statutes 2004, section 169.09, subdivision 1, is amended to read:

 

      Subdivision 1. [DRIVER TO STOP FOR ACCIDENT WITH PERSON INDIVIDUAL.] The driver of any motor vehicle involved in an accident resulting in immediately demonstrable bodily injury to or death of any person individual shall immediately stop the vehicle at the scene of the accident, or as close to the scene as possible, but shall then return to and in every event, shall remain at, the scene of the accident, until the driver has fulfilled the requirements of this chapter section as to the giving of information. The stop shall must be made without unnecessarily obstructing traffic.

 

      Sec. 61. Minnesota Statutes 2004, section 169.09, subdivision 2, is amended to read:

 

      Subd. 2. [DRIVER TO STOP FOR ACCIDENT TO PROPERTY.] The driver of any motor vehicle involved in an accident to a vehicle which is driven or attended by any person individual shall immediately stop such the motor vehicle at the scene of such the accident, or as close thereto to the accident as possible, but shall forthwith return to, and in every event shall remain at, the scene of the accident, until the driver has fulfilled the requirements of this chapter section as to the giving of information. Every such The stop shall must be made without unnecessarily obstructing traffic more than is necessary.

 

      Sec. 62. Minnesota Statutes 2004, section 169.09, subdivision 3, is amended to read:

 

      Subd. 3. [DRIVER TO GIVE INFORMATION.] (a) The driver of any motor vehicle involved in an accident resulting in bodily injury to or death of any person individual, or damage to any vehicle which is driven or attended by any person individual, shall stop and give the driver's name, address, and date of birth and the registration plate number of the vehicle being driven, and. The driver shall, upon request and if available, exhibit the driver's license or permit to drive to the person individual struck or the driver or occupant of or person individual attending any vehicle collided with. The driver also shall give the information and upon request exhibit the license or permit to any police peace officer at the scene of the accident or who is investigating the accident. The driver shall render reasonable assistance to any person individual injured in the accident.

 

      (b) If not given at the scene of the accident, the driver, within 72 hours thereafter after the accident, shall give upon, on request to any person individual involved in the accident or to a peace officer investigating the accident, the name and address of the insurer providing automobile vehicle liability insurance coverage, and the local insurance agent for the insurer.

 

      Sec. 63. Minnesota Statutes 2004, section 169.09, subdivision 4, is amended to read:

 

      Subd. 4. [COLLISION WITH UNATTENDED VEHICLE.] The driver of any motor vehicle which that collides with and damages any vehicle which that is unattended shall immediately stop and either locate and notify the driver or owner of the vehicle of the name and address of the driver and registered owner of the vehicle striking the unattended vehicle, shall report the this same information to a police peace officer, or shall leave in a conspicuous place in or secured to the vehicle struck, a written notice giving the name and address of the driver and of the registered owner of the vehicle doing the striking.

 

      Sec. 64. Minnesota Statutes 2004, section 169.09, subdivision 5, is amended to read:

 

      Subd. 5. [NOTIFY OWNER OF DAMAGED PROPERTY.] The driver of any vehicle involved in an accident resulting only in damage to fixtures legally upon or adjacent to a highway shall take reasonable steps to locate and notify the owner or person in charge of such the property of such that fact and, of the driver's name and address, and of the registration plate number of the vehicle being driven and shall, upon request and if available, exhibit the driver's or chauffeur's license, and make report of such the accident in every case. The report shall must be made in the same manner as a report made pursuant to subdivision 7.


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                Sec. 65. Minnesota Statutes 2004, section 169.09, subdivision 6, is amended to read:

 

      Subd. 6. [NOTIFY POLICE NOTICE OF PERSONAL INJURY.] The driver of a vehicle involved in an accident resulting in bodily injury to or death of any person individual shall, after compliance with the provisions of this section, and by the quickest means of communication, give notice of the accident to the local police department, if the accident occurs within a municipality, or to a State Patrol officer if the accident occurs on a trunk highway, or to the office of the sheriff of the county.

 

      Sec. 66. Minnesota Statutes 2004, section 169.09, subdivision 7, is amended to read:

 

      Subd. 7. [ACCIDENT REPORT TO COMMISSIONER.] (a) The driver of a vehicle involved in an accident resulting in bodily injury to or death of any person individual or total property damage to an apparent extent of $1,000 or more, shall forward a written report of the accident to the commissioner of public safety within ten days thereof of the accident. On the required report, the driver shall provide the commissioner with the name and policy number of the insurer providing vehicle liability insurance coverage at the time of the accident.

 

      (b) On determining that the original report of any driver of a vehicle involved in an accident of which report must be made as provided in this section is insufficient, the commissioner of public safety may require the driver to file supplementary reports information.

 

      Sec. 67. Minnesota Statutes 2004, section 169.09, subdivision 8, is amended to read:

 

      Subd. 8. [OFFICER TO REPORT ACCIDENT TO COMMISSIONER.] A law enforcement peace officer who, in the regular course of duty, investigates a motor vehicle an accident that must be reported under this section shall, within ten days after the date of the accident, forward an electronic or written report of the accident to as prescribed by the commissioner of public safety.

 

      Sec. 68. Minnesota Statutes 2004, section 169.09, subdivision 9, is amended to read:

 

      Subd. 9. [ACCIDENT REPORT FORMS FORMAT.] The Department commissioner of public safety shall prepare electronic or written forms prescribe the format for the accident reports required under this section. Upon request the department commissioner shall supply make available the forms format to police departments, coroners, sheriffs, garages, and other suitable agencies or individuals. The forms must be appropriate with respect to the persons required to make the reports and the purposes to be served. The electronic or written report forms to be completed by persons individuals involved in accidents and by investigating peace officers must call for sufficiently detailed information to disclose with reference to a traffic accident the causes, existing conditions then existing, and the persons individuals and vehicles involved.

 

      Sec. 69. Minnesota Statutes 2004, section 169.09, subdivision 11, is amended to read:

 

      Subd. 11. [CORONER TO REPORT DEATH.] Every coroner or other official performing like functions shall report in writing to the Department commissioner of public safety the death of any person individual within the coroner's jurisdiction as the result of an accident involving a motor vehicle and the circumstances of the accident. The report shall must be made within 15 days after the death.

 

      In the case of drivers killed in motor vehicle accidents and of the death of pedestrians 16 years of age or older, who die within four hours after an accident, the coroner or other official performing like functions shall examine the body and shall make tests as are necessary to determine the presence and percentage concentration of alcohol, and drugs if feasible, in the blood of the victim. This information shall must be included in each report submitted pursuant to the provisions of this subdivision and shall be tabulated on a monthly basis by the Department commissioner of public safety. This information may be used only for statistical purposes which that do not reveal the identity of the deceased.


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                Sec. 70. Minnesota Statutes 2004, section 169.09, subdivision 12, is amended to read:

 

      Subd. 12. [GARAGE TO REPORT BULLET DAMAGE.] The person individual in charge of any garage or repair shop to which is brought any motor vehicle which that shows evidence of having been struck by any bullet shall immediately report to the local police or sheriff and to the commissioner of public safety within 24 hours after such motor the vehicle is received, giving the engine number if any, registration plate number, and the name and address of the registered owner or operator of such the vehicle.

 

      Sec. 71. Minnesota Statutes 2004, section 169.09, subdivision 14, is amended to read:

 

      Subd. 14. [PENALTIES.] (a) The driver of any vehicle who violates subdivision 1 or 6 and who did not cause the accident is punishable as follows:

 

      (1) if the accident results in the death of any person individual, the driver is guilty of a felony and may be sentenced to imprisonment for not more than three years, or to payment of a fine of not more than $5,000, or both;

 

      (2) if the accident results in great bodily harm to any person individual, as defined in section 609.02, subdivision 8, the driver is guilty of a felony and may be sentenced to imprisonment for not more than two years, or to payment of a fine of not more than $4,000, or both; or

 

      (3) if the accident results in substantial bodily harm to any person individual, as defined in section 609.02, subdivision 7a, the driver may be sentenced to imprisonment for not more than one year, or to payment of a fine of not more than $3,000, or both.

 

      (b) The driver of any vehicle involved in an accident not resulting in substantial bodily harm or death who violates subdivision 1 or 6 may be sentenced to imprisonment for not more than one year, or to payment of a fine of not more than $3,000, or both.

 

      (c) Any person who violates subdivision 2, 3, 4, 5, 7, 8, 10, 11, or 12 is guilty of a misdemeanor.

 

      (d) The attorney in the jurisdiction in which the violation occurred who is responsible for prosecution of misdemeanor violations of this section shall also be responsible for prosecution of gross misdemeanor violations of this section.

 

      Sec. 72. Minnesota Statutes 2004, section 169.09, subdivision 15, is amended to read:

 

      Subd. 15. [DEFENSE.] It is an affirmative defense to prosecution under subdivisions 1, 2, and 6 that the driver left the scene of the accident to take any person individual suffering immediately demonstrable bodily injury in the accident to receive emergency medical care if the driver of the involved vehicle gives notice to a law enforcement agency as required by subdivision 6 as soon as reasonably feasible after the emergency medical care has been undertaken.

 

      Sec. 73. Minnesota Statutes 2004, section 169.09, is amended by adding a subdivision to read:

 

      Subd. 16. [COMMISSIONER AS AGENT FOR SERVICE OF PROCESS.] The use and operation by a resident of this state or the resident's agent, or by a nonresident or the nonresident's agent, of a motor vehicle within the state of Minnesota, is deemed an irrevocable appointment by the resident if absent from this state continuously for six months or more following an accident, or by the nonresident at any time, of the commissioner of public safety to be the resident's or nonresident's true and lawful attorney upon whom may be served all legal process in any action or proceeding against the resident or nonresident or the executor, administrator, or personal representative of the resident or nonresident growing out of the use and operation of a motor vehicle within this state, resulting in


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damages or loss to person or property, whether the damage or loss occurs on a highway or on abutting public or private property. This appointment is binding upon the nonresident's executor, administrator, or personal representative. The use or operation of a motor vehicle by the resident or nonresident is a signification of agreement that any process in any action against the resident or nonresident or executor, administrator, or personal representative of the resident or nonresident that is so served has the same legal force and validity as if served upon the resident or nonresident personally or on the executor, administrator, or personal representative of the resident or nonresident. Service of process must be made by serving a copy thereof upon the commissioner or by filing a copy in the commissioner's office, together with payment of a fee of $20, and is deemed sufficient service upon the absent resident or the nonresident or the executor, administrator, or personal representative of the resident or nonresident; provided that notice of service and a copy of the process are sent by mail by the plaintiff within ten days to the defendant at the defendant's last known address and that the plaintiff's affidavit of compliance with the provisions of this chapter is attached to the summons.

 

      Sec. 74. Minnesota Statutes 2004, section 169.09, is amended by adding a subdivision to read:

 

      Subd. 17. [INFORMATION; VEHICLE OWNERS.] If an accident report has been prepared by a person involved in an accident and no report has been prepared by a law enforcement officer, the owners of the vehicles involved in an accident shall have the same access to information maintained by the Department of Public Safety, Driver and Vehicle Services Division, about the vehicles, their owners, and their drivers that would have been available to a law enforcement officer reporting on the accident.

 

      Sec. 75. Minnesota Statutes 2004, section 169.09, is amended by adding a subdivision to read:

 

      Subd. 18. [CONTINUANCE OF COURT PROCEEDING; COSTS.] The court in which the action is pending may order a continuance as may be necessary to afford the defendant reasonable opportunity to defend the action, not exceeding 90 days from the date of filing of the action in that court. The fee of $20 paid by the plaintiff to the commissioner at the time of service of the proceedings must be taxed in the plaintiff's cost if the plaintiff prevails in the suit. The commissioner shall keep a record of all processes so served, which must show the day and hour of service.

 

      Sec. 76. Minnesota Statutes 2004, section 171.07, subdivision 1, is amended to read:

 

      Subdivision 1. [LICENSE; CONTENTS.] (a) Upon the payment of the required fee, the department shall issue to every qualifying applicant a license designating the type or class of vehicles the applicant is authorized to drive as applied for. This license must bear a distinguishing number assigned to the licensee,; the licensee's full name, date of birth, and residence address and permanent mailing address if different,; a description of the licensee in a manner as the commissioner deems necessary,; and the usual signature of the licensee. No license is valid unless it bears the usual signature of the licensee. Every license must bear a colored photograph or an electronically produced image of the licensee.

 

      (b) If the United States Postal Service will not deliver mail to the applicant's residence address as listed on the license, then the applicant shall provide verification from the United States Postal Service that mail will not be delivered to the applicant's residence address and that mail will be delivered to a specified alternate mailing address. When an applicant provides an alternate mailing address under this subdivision, the commissioner shall use the alternate mailing address in lieu of the applicant's residence address for all notices and mailings to the applicant.

 

      (c) Every license issued to an applicant under the age of 21 must be of a distinguishing color and plainly marked "Under-21."


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                (c) (d) The department shall use processes in issuing a license that prohibit, as nearly as possible, the ability to alter or reproduce a license, or prohibit the ability to superimpose a photograph or electronically produced image on a license, without ready detection.

 

      (d) (e) A license issued to an applicant age 65 or over must be plainly marked "senior" if requested by the applicant.

 

      Sec. 77. Minnesota Statutes 2004, section 171.07, subdivision 3, is amended to read:

 

      Subd. 3. [IDENTIFICATION CARD; FEE.] (a) Upon payment of the required fee, the department shall issue to every qualifying applicant a Minnesota identification card. The department may not issue a Minnesota identification card to a person an individual who has a driver's license, other than a limited license. The card must bear a distinguishing number assigned to the applicant; a colored photograph or an electronically produced image of the applicant; the applicant's full name, date of birth, and residence address; a description of the applicant in the manner as the commissioner deems necessary; and the usual signature of the applicant.

 

      (b) If the United States Postal Service will not deliver mail to the applicant's residence address as listed on the Minnesota identification card, then the applicant shall provide verification from the United States Postal Service that mail will not be delivered to the applicant's residence address and that mail will be delivered to a specified alternate mailing address. When an applicant provides an alternate mailing address under this subdivision, the commissioner shall use the alternate mailing address in lieu of the applicant's residence address for all notices and mailings to the applicant.

 

      (c) Each identification card issued to an applicant under the age of 21 must be of a distinguishing color and plainly marked "Under-21."

 

      (c) (d) Each Minnesota identification card must be plainly marked "Minnesota identification card - not a driver's license."

 

      (d) (e) The fee for a Minnesota identification card is 50 cents when issued to a person who is mentally retarded, as defined in section 252A.02, subdivision 2; a physically disabled person, as defined in section 169.345, subdivision 2; or, a person with mental illness, as described in section 245.462, subdivision 20, paragraph (c).

 

      Sec. 78. Minnesota Statutes 2004, section 171.12, subdivision 7, is amended to read:

 

      Subd. 7. [PRIVACY OF RESIDENCE ADDRESS DATA.] (a) An applicant for a driver's license or a Minnesota identification card may request that the applicant's residence address be classified as private data on individuals, as defined in section 13.02, subdivision 12. The commissioner shall grant the classification upon receipt of a signed statement by the individual that the classification is required for the safety of the applicant or the applicant's family, if the statement also provides a valid, existing address where the applicant consents to receive service of process. The commissioner shall use the mailing address in place of the residence address in all documents and notices pertaining to the driver's license or identification card. The residence address and any information provided in the classification request, other than the mailing address, are private data on individuals and may be provided to requesting law enforcement agencies, probation and parole agencies, and public authorities, as defined in section 518.54, subdivision 9. Data on individuals provided to obtain a driver's license or Minnesota identification card shall be treated as provided by United States Code, title 18, section 2721, as in effect on May 23, 2005, and shall be disclosed as required or permitted by that section.

 

      (b) An applicant for a driver's license or a Minnesota identification card must be informed in a clear and conspicuous manner on the forms for the issuance or renewal that may consent, in writing, to the commissioner to disclose the applicant's personal information may be disclosed exempted by United States Code, title 18, section


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2721, to any person who makes a request for the personal information, and that except for uses permitted by United States Code, title 18, section 2721, subsection (b), the applicant may prohibit disclosure of the personal information by so indicating on the form. If the applicant so authorizes disclosures, the commissioner shall implement the request and the information may be used.

 

      (c) If authorized by an applicant for a driver's license or a Minnesota identification card must be also informed in a clear and conspicuous manner on forms that, as indicated in paragraph (b), the applicant's personal information may be used, rented, or sold solely for bulk distribution by organizations for business purposes, including surveys, marketing, or solicitation. The commissioner shall implement methods and procedures that enable the applicant to request that bulk surveys, marketing, or solicitation not be directed to the applicant. If the applicant so requests, the commissioner shall implement the request in a timely manner and the personal information may not be so used.

 

      (d) To the extent permitted by United States Code, title 18, section 2721, data on individuals provided to obtain a Minnesota identification card or a driver's license is public data on individuals and shall be disclosed as permitted by United States Code, title 18, section 2721, subsection (b). An applicant for a driver's license, instruction permit, or Minnesota identification card may request that the applicant's residence address be classified as "private data on individuals," as defined in section 13.02, subdivision 12. The commissioner shall grant the classification on receipt of a signed statement by the individual that the classification is required for the safety of the applicant or the applicant's family, if the statement also provides a valid, existing address where the applicant consents to receive service of process. The commissioner shall use the service for process mailing address in place of the residence address in all documents and notices pertaining to the driver's license, instruction permit, or Minnesota identification card. The residence address and any information provided in the classification request, other than the mailing address, are private data on individuals and may be provided to requesting law enforcement agencies, probation and parole agencies, and public authorities, as defined in section 518.54, subdivision 9.

 

      Sec. 79. Minnesota Statutes 2004, section 270B.01, subdivision 5, is amended to read:

 

      Subd. 5. [TAXPAYER IDENTITY.] "Taxpayer identity" means the name of a person with respect to whom a return is filed, or the person's mailing address, or the person's taxpayer identifying number. "Taxpayer identity" does not include the state taxpayer identifying number of a business entity, which is classified as public data.

 

      Sec. 80. Minnesota Statutes 2004, section 270B.03, subdivision 1, is amended to read:

 

      Subdivision 1. [WHO MAY INSPECT.] Returns and return information must, on request, be made open to inspection by or disclosure to the data subject. The request must be made in writing or in accordance with written procedures of the chief disclosure officer of the department that have been approved by the commissioner to establish the identification of the person making the request as the data subject. For purposes of this chapter, the following are the data subject:

 

      (1) in the case of an individual return, that individual;

 

      (2) in the case of an income tax return filed jointly, either of the individuals with respect to whom the return is filed;

 

      (3) in the case of a partnership return, any person who was a member of the partnership during any part of the period covered by the return;

 

      (4) in the case of the return of a corporation or its subsidiary:

 

      (i) any person designated by resolution of the board of directors or other similar governing body;


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                (ii) any officer or employee of the corporation upon written request signed by any officer and attested to by the secretary or another officer;

 

      (iii) any bona fide shareholder of record owning one percent or more of the outstanding stock of the corporation;

 

      (iv) if the corporation is a corporation that has made an election under section 1362 of the Internal Revenue Code of 1986, as amended through December 31, 1988, any person who was a shareholder during any part of the period covered by the return during which an election was in effect; or

 

      (v) if the corporation has been dissolved, any person authorized by state law to act for the corporation or any person who would have been authorized if the corporation had not been dissolved in the case of a return filed by a business entity, an officer of a corporation, a shareholder owning more than one percent of the stock, or any shareholder of an S corporation; a general partner in a partnership; the owner of a sole proprietorship; a member or manager of a limited liability company; a participant in a joint venture; the individual who signed the return on behalf of the business entity; or an employee who is responsible for handling the tax matters of the business entity, such as the tax manager, bookkeeper, or managing agent;

 

      (5) (4) in the case of an estate return:

 

      (i) the personal representative or trustee of the estate; and

 

      (ii) any beneficiary of the estate as shown on the federal estate tax return;

 

      (6) (5) in the case of a trust return:

 

      (i) the trustee or trustees, jointly or separately; and

 

      (ii) any beneficiary of the trust as shown in the trust instrument;

 

      (7) (6) if liability has been assessed to a transferee under section 289A.31, subdivision 3, the transferee is the data subject with regard to the returns and return information relating to the assessed liability;

 

      (8) (7) in the case of an Indian tribal government or an Indian tribal government-owned entity,

 

      (i) the chair of the tribal government, or

 

      (ii) any person authorized by the tribal government; and

 

      (9) (8) in the case of a successor as defined in section 270.102, subdivision 1, paragraph (b), the successor is the data subject and information may be disclosed as provided by section 270.102, subdivision 4.

 

      Sec. 81. [299C.40] [COMPREHENSIVE INCIDENT-BASED REPORTING SYSTEM.]

 

      Subdivision 1. [DEFINITIONS.] (a) The definitions in this subdivision apply to this section.

 

      (b) "CIBRS" means the Comprehensive Incident-Based Reporting System, located in the Department of Public Safety and managed by the Bureau of Criminal Apprehension, Criminal Justice Information Systems Section. A reference in this section to "CIBRS" includes the Bureau of Criminal Apprehension.


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                (c) "Law enforcement agency" means a Minnesota municipal police department, the Metropolitan Transit Police, the Metropolitan Airports Police, the University of Minnesota Police Department, a Minnesota county sheriff's department, the Bureau of Criminal Apprehension, or the Minnesota State Patrol.

 

      Subd. 2. [PURPOSE.] CIBRS is a statewide system containing data from law enforcement agencies. Data in CIBRS must be made available to law enforcement agencies in order to prepare a case against a person, whether known or unknown, for the commission of a crime or other offense for which the agency has investigative authority, or for purposes of background investigations required by section 626.87.

 

      Subd. 3. [DATA PRACTICES ACT GOVERNS.] The provisions of chapter 13 apply to this section.

 

      Subd. 4. [DATA CLASSIFICATION; GENERAL RULE; CHANGES IN CLASSIFICATION; AUDIT TRAIL.] (a) The classification of data in the law enforcement agency does not change after the data is submitted to CIBRS. If CIBRS is the only source of data made public by section 13.82, subdivisions 2, 3, 6, and 7, data described in those subdivisions must be downloaded and made available to the public as required by section 13.03.

 

      (b) Data on individuals created, collected, received, maintained, or disseminated by CIBRS is classified as confidential data on individuals as defined in section 13.02, subdivision 3, and becomes private data on individuals as defined in section 13.02, subdivision 12, as provided by this section.

 

      (c) Data not on individuals created, collected, received, maintained, or disseminated by CIBRS is classified as protected nonpublic data as defined in section 13.02, subdivision 13, and becomes nonpublic data as defined in section 13.02, subdivision 9, as provided by this section.

 

      (d) Confidential or protected nonpublic data created, collected, received, maintained, or disseminated by CIBRS must automatically change classification from confidential data to private data or from protected nonpublic data to nonpublic data on the earlier of the following dates:

 

      (1) upon receipt by CIBRS of notice from a law enforcement agency that an investigation has become inactive; or

 

      (2) when the data has not been updated by the law enforcement agency that submitted it for a period of 120 days.

 

      (e) For the purposes of this section, an investigation becomes inactive upon the occurrence of any of the events listed in section 13.82, subdivision 7, clauses (a) to (c).

 

      (f) Ten days before making a data classification change because data has not been updated, CIBRS must notify the law enforcement agency that submitted the data that a classification change will be made on the 120th day. The notification must inform the law enforcement agency that the data will retain its classification as confidential or protected nonpublic data if the law enforcement agency updates the data or notifies CIBRS that the investigation is still active before the 120th day. A new 120-day period begins if the data is updated or if a law enforcement agency notifies CIBRS that an active investigation is continuing.

 

      (g) A law enforcement agency that submits data to CIBRS must notify CIBRS if an investigation has become inactive so that the data is classified as private data or nonpublic data. The law enforcement agency must provide this notice to CIBRS within ten days after an investigation becomes inactive.

 

      (h) All queries and responses and all actions in which data is submitted to CIBRS, changes classification, or is disseminated by CIBRS to any law enforcement agency must be recorded in the CIBRS audit trail.


Journal of the House - 66th Day - Monday, May 23, 2005 - Top of Page 4942


                Subd. 5. [ACCESS TO CIBRS DATA BY LAW ENFORCEMENT AGENCY PERSONNEL.] Only law enforcement agency personnel with certification from the Bureau of Criminal Apprehension may enter, update, or access CIBRS data. The ability of particular law enforcement agency personnel to enter, update, or access CIBRS data must be limited through the use of purpose codes that correspond to the official duties and training level of the personnel.

 

      Subd. 6. [ACCESS TO CIBRS DATA BY DATA SUBJECT.] Upon request to the Bureau of Criminal Apprehension or to a law enforcement agency participating in CIBRS an individual shall be informed whether the individual is the subject of private or confidential data held by CIBRS. An individual who is the subject of private data held by CIBRS may obtain access to the data by making a request to the Bureau of Criminal Apprehension or to a participating law enforcement agency. Private data provided to the subject under this subdivision must also include the name of the law enforcement agency that submitted the data to CIBRS and the name, telephone number, and address of the responsible authority for the data.

 

      Subd. 7. [CHALLENGE TO COMPLETENESS AND ACCURACY OF DATA.] An individual who is the subject of public or private data held by CIBRS and who wants to challenge the completeness or accuracy of the data under section 13.04, subdivision 4, must notify in writing the responsible authority for the data. A law enforcement agency must notify the Bureau of Criminal Apprehension when data held by CIBRS is challenged. The notification must identify the data that was challenged and the subject of the data. CIBRS must include any notification received under this paragraph whenever disseminating data about which no determination has been made. When the responsible authority of a law enforcement agency completes, corrects, or destroys successfully challenged data, the corrected data must be submitted to CIBRS and any future dissemination must be of the corrected data.

 

      Sec. 82. [299C.405] [SUBSCRIPTION SERVICE.]

 

      (a) For the purposes of this subdivision "subscription service" means a process by which law enforcement agency personnel may obtain ongoing, automatic electronic notice of any contacts an individual has with any criminal justice agency.

 

      (b) The Department of Public Safety must not establish a subscription service without prior legislative authorization.

 

      Sec. 83. [325E.317] [DEFINITIONS.]

 

      Subdivision 1. [SCOPE.] For the purposes of sections 325E.317 and 325E.318, the terms defined in this section have the meanings given.

 

      Subd. 2. [PROVIDER.] "Provider" means a provider of wireless telecommunications services.

 

      Subd. 3. [TELECOMMUNICATIONS SERVICES.] "Telecommunications services" has the meaning given in section 297A.61, subdivision 24, paragraph (a).

 

      Subd. 4. [WIRELESS DIRECTORY ASSISTANCE SERVICE.] "Wireless directory assistance service" means any service for connecting calling parties to a wireless telecommunications services customer when the calling parties themselves do not possess the customer's wireless telephone number information.

 

      Subd. 5. [WIRELESS TELECOMMUNICATIONS SERVICES.] "Wireless telecommunications services" has the meaning given in section 325F.695.


Journal of the House - 66th Day - Monday, May 23, 2005 - Top of Page 4943


                Subd. 6. [WIRELESS TELEPHONE DIRECTORY.] "Wireless telephone directory" means a directory or database containing wireless telephone number information or any other identifying information by which a calling party may reach a wireless telecommunications services customer.

 

      Subd. 7. [WIRELESS TELEPHONE NUMBER INFORMATION.] "Wireless telephone number information" means the telephone number, electronic address, and any other identifying information by which a calling party may reach a wireless telecommunications services customer, which is assigned by a provider to the customer and includes the customer's name and address.

 

      [EFFECTIVE DATE.] This section is effective the day following final enactment.

 

      Sec. 84. [325E.318] [WIRELESS DIRECTORIES.]

 

      Subdivision 1. [NOTICE.] No provider of wireless telecommunications service, or any direct or indirect affiliate or agent of a provider, may include the wireless telephone number information of a customer in a wireless telephone directory assistance service database or publish, sell, or otherwise disseminate the contents of a wireless telephone directory assistance service database unless the provider provides a conspicuous notice to the subscriber informing the subscriber that the subscriber will not be listed in a wireless directory assistance service database without the subscriber's prior express authorization.

 

      Subd. 2. [AUTHORIZATION.] (a) A provider, or any direct or indirect affiliate or agent of a provider, may not disclose, provide, or sell a customer's wireless telephone number information, or any part thereof, for inclusion in a wireless telephone directory of any form, and may not sell a wireless telephone directory containing a customer's wireless telephone number information without first receiving prior express authorization from the customer. The customer's authorization must meet the following requirements:

 

      (1) consent shall be affirmatively obtained separately from the execution of the service contract via verifiable means; and

 

      (2) consent shall be unambiguous and conspicuously disclose that the subscriber is consenting to have the customer's dialing number sold or licensed as part of a publicly available directory assistance database.

 

      (b) A record of the authorization shall be maintained for the duration of the service contract or any extension of the contract.

 

      (c) A subscriber who provides express consent pursuant to paragraph (a) may revoke that consent via verifiable means at any time. A provider must comply with the customer's request to be removed from the directory and remove such listing from directory assistance within 60 days.

 

      Subd. 3. [NO FEE TO RETAIN PRIVACY.] A customer shall not be charged for opting not to be listed in a wireless telephone directory.

 

      Subd. 4. [REMEDIES.] Every knowing violation of this section is punishable by a fine of up to $500 for each violation with a maximum aggregated amount of $10,000 for a provider, of which $100 per violation shall be paid to each victim of the violation. The attorney general may bring actions to enforce compliance with this section. For the first violation by any company or organization of this section, the attorney general shall notify the company with a letter of warning that the section has been violated. No telephone corporation, nor any official or employee of a telephone corporation, shall be subject to criminal or civil liability for the release of customer information as authorized by this section.

 

      [EFFECTIVE DATE.] This section is effective the day following final enactment.


Journal of the House - 66th Day - Monday, May 23, 2005 - Top of Page 4944


                Sec. 85. [325E.59] [USE OF SOCIAL SECURITY NUMBERS.]

 

      Subdivision 1. [GENERALLY.] A person or entity, not including a government entity, may not do any of the following:

 

      (1) publicly post or publicly display in any manner an individual's Social Security number. "Publicly post" or "publicly display" means to intentionally communicate or otherwise make available to the general public;

 

      (2) print an individual's Social Security number on any card required for the individual to access products or services provided by the person or entity;

 

      (3) require an individual to transmit the individual's Social Security number over the Internet, unless the connection is secure or the Social Security number is encrypted;

 

      (4) require an individual to use the individual's Social Security number to access an Internet Web site, unless a password or unique personal identification number or other authentication device is also required to access the Internet Web site; or

 

      (5) print a number that the person or entity knows to be an individual's Social Security number on any materials that are mailed to the individual, unless state or federal law requires the Social Security number to be on the document to be mailed. If, in connection with a transaction involving or otherwise relating to an individual, a person or entity receives a number from a third party, that person or entity is under no duty to inquire or otherwise determine whether the number is or includes that individual's Social Security number and may print that number on materials mailed to the individual, unless the person or entity receiving the number has actual knowledge that the number is or includes the individual's Social Security number.

 

      Notwithstanding clauses (1) to (5), Social Security numbers may be included in applications and forms sent by mail, including documents sent as part of an application or enrollment process, or to establish, amend, or terminate an account, contract, or policy, or to confirm the accuracy of the Social Security number. Nothing in this paragraph authorizes inclusion of a Social Security number on the outside of a mailing.

 

      Except as provided in subdivision 2, this section applies only to the use of Social Security numbers on or after July 1, 2007.

 

      Subd. 2. [CONTINUATION OF PRIOR USE.] A person or entity, not including a government entity, that has used, prior to July 1, 2007, an individual's Social Security number in a manner inconsistent with subdivision 1, may continue using that individual's Social Security number in that manner on or after July 1, 2007, if all the following conditions are met:

 

      (1) the use of the Social Security number is continuous. If the use is stopped for any reason, subdivision 1 applies;

 

      (2) the individual is provided an annual disclosure, commencing in 2007, that informs the individual that the individual has the right to stop the use of the individual's Social Security number in a manner prohibited by subdivision 1;

 

      (3) a written request by an individual to stop the use of the individual's Social Security number in a manner prohibited by subdivision 1 must be implemented within 30 days of the receipt of the request. A fee may not be charged for implementing the request; and


Journal of the House - 66th Day - Monday, May 23, 2005 - Top of Page 4945


                (4) a person or entity, not including a government entity, shall not deny services to an individual because the individual makes a written request pursuant to this subdivision.

 

      Subd. 3. [COORDINATION WITH OTHER LAW.] This section does not prevent the collection, use, or release of a Social Security number as required by state or federal law or the use of a Social Security number for internal verification or administrative purposes.

 

      Subd. 4. [PUBLIC RECORDS.] This section does not apply to documents that are recorded or required to be open to the public under chapter 13 or by other law.

 

      Subd. 5. [DEFINITIONS.] For purposes of this section, "government entity" has the meaning given in section 13.02, subdivision 7a, but does not include the Minnesota state colleges and universities or the University of Minnesota.

 

      [EFFECTIVE DATE.] This section is effective July 1, 2007.

 

      Sec. 86. [REPORT TO LEGISLATURE.]

 

      By January 15, 2006, the commissioner of public safety must report to the chair of the house Public Safety Policy and Finance Committee and the chair of the senate Crime Prevention and Public Safety Committee and the ranking minority members of those committees and make legislative recommendations on possible use of CIBRS data for background checks required by law, a process for criminal records expungement by the subject of CIBRS data, and retention schedules for CIBRS data.

 

      By January 15, 2006, the commissioner of public safety must also report to the chair of the house Committee on Public Safety Policy and Finance and the chair of the senate Committee on Crime Prevention and the ranking minority members of those committees on the advisability of prohibiting the possession or use of devices or chemicals to falsify results of drug and alcohol testing as defined in Minnesota Statutes, section 181.95, subdivision 5, or to place false DNA evidence at the scene of a crime.

 

      Sec. 87. [REVIEW OF STATE HANDLING OF GENETIC INFORMATION.]

 

      The commissioner of administration shall review the applicable laws, rules, and policies to determine whether the state handles genetic information on individuals in a manner that appropriately takes into account the possible effect of release or nonrelease of that information on the genetic privacy of relatives of the individuals. The commissioner shall report the results of the review, 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, 2006.

 

      Sec. 88. [INSTRUCTION TO REVISOR.]

 

      The revisor of statutes shall renumber each section of Minnesota Statutes in column A with the number in column B. The revisor shall also make any necessary cross-reference changes.

 

                                                              Column A                                    Column B

 

                                                                 170.24                                  169.09, subdivision 14a

                                                                 170.54                                  169.09, subdivision 5a


Journal of the House - 66th Day - Monday, May 23, 2005 - Top of Page 4946


                Sec. 89. [REPEALER.]

 

      Minnesota Statutes 2004, sections 13.04, subdivision 5; 169.09, subdivision 10; and 170.55, are repealed."

 

      Delete the title and insert:

 

      "A bill for an act relating to data practices; making technical, conforming, and clarifying changes to the Minnesota Government Data Practices Act; defining terms; classifying, regulating, and reviewing access to and dissemination of certain data; providing notice of breaches in security; regulating certain fees; providing for the conduct of certain board and council meetings; modifying provisions regulating motor vehicle and driver applications and records; regulating disclosure of nonidentifying sales tax returns; modifying vehicle accident reports and procedures; providing for treatment of data held by the comprehensive incident-based reporting system; regulating use of Social Security numbers; classifying certain animal health data; defining terms and regulating data privacy practices for wireless telecommunications; providing for a review of the handling of genetic information; amending Minnesota Statutes 2004, sections 3.978, subdivision 2; 11A.24, subdivision 6; 13.01, subdivisions 1, 3; 13.02, subdivision 7; 13.03, subdivisions 1, 2, 3, 4, 5, 6, 8; 13.04, subdivisions 2, 4; 13.05, subdivisions 1, 4, 6, 7, 8, 9; 13.06, subdivisions 1, 2, 3, 4; 13.07; 13.072, subdivision 4; 13.073, subdivision 3; 13.08, subdivisions 1, 2, 5; 13.32, by adding a subdivision; 13.37, subdivisions 1, 2, 3; 13.3805, by adding a subdivision; 13.43, subdivisions 1, 2, 3; 13.46, subdivision 4; 13.591, by adding subdivisions; 13.601, by adding a subdivision; 13.635, by adding a subdivision; 13.643, by adding a subdivision; 13.72, by adding subdivisions; 13.82, subdivisions 1, 16; 16C.06, subdivision 5; 116J.68, by adding a subdivision; 116L.03, by adding a subdivision; 116L.665, by adding a subdivision; 116M.15, by adding a subdivision; 116U.25; 168.346; 168A.04, by adding a subdivision; 169.09, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, 12, 14, 15, by adding subdivisions; 171.07, subdivisions 1, 3; 171.12, subdivision 7; 270B.01, subdivision 5; 270B.03, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 13; 41A; 299C; 325E; repealing Minnesota Statutes 2004, sections 13.04, subdivision 5; 169.09, subdivision 10; 170.55."

 

 

      We request adoption of this report and repassage of the bill.

 

      House Conferees: Mary Liz Holberg, Tom Emmer and Keith M. Ellison.

 

      Senate Conferees: Wesley J. Skoglund, Don Betzold and Warren Limmer.

 

 

      Holberg moved that the report of the Conference Committee on H. F. No. 225 be adopted and that the bill be repassed as amended by the Conference Committee. The motion prevailed.

 

 

      H. F. No. 225, A bill for an act relating to government data; making technical, conforming, and clarifying changes to the Minnesota Government Data Practices Act; defining terms; modifying certain civil penalty and damages amounts; classifying, regulating, and reviewing access to and dissemination of certain data; providing notice of breaches in security; regulating certain fees; providing for the conduct of certain board and council meetings; modifying provisions regulating motor vehicle and driver applications and records; modifying vehicle accident reports and procedures; providing for treatment of data held by the comprehensive incident-based reporting system; amending Minnesota Statutes 2004, sections 11A.24, subdivision 6; 13.01, subdivisions 1, 3; 13.02, subdivision 7; 13.03, subdivisions 1, 2, 3, 4, 5, 6, 8; 13.04, subdivisions 2, 4; 13.05, subdivisions 1, 4, 6, 7, 8, 9; 13.06, subdivisions 1, 2, 3, 4; 13.07; 13.072, subdivision 4; 13.073, subdivision 3; 13.08, subdivisions 1, 2, 4, 5; 13.32, by adding a subdivision; 13.37, subdivisions 1, 2, 3; 13.3805, by adding a subdivision; 13.43, subdivisions 1, 2, 3; 13.46, subdivision 4; 13.591, by adding subdivisions; 13.601, by adding a subdivision; 13.635, by adding a subdivision; 13.72, by adding subdivisions; 13.82, subdivisions 1, 16; 16C.06, subdivision 5; 116J.68, by adding a


Journal of the House - 66th Day - Monday, May 23, 2005 - Top of Page 4947


subdivision; 116L.03, by adding a subdivision; 116L.665, by adding a subdivision; 116M.15, by adding a subdivision; 116U.25; 168.346; 168A.04, by adding a subdivision; 169.09, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, 12, 14, 15, by adding subdivisions; 171.07, subdivisions 1, 3; 171.12, subdivision 7; proposing coding for new law in Minnesota Statutes, chapters 13; 41A; 299C; repealing Minnesota Statutes 2004, sections 13.04, subdivision 5; 169.09, subdivision 10; 170.55.

 

 

      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 132 yeas and 2 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Abrams

Anderson, B.

Anderson, I.

Atkins

Beard

Bernardy

Blaine

Bradley

Brod

Buesgens

Carlson

Charron

Clark

Cornish

Cox

Cybart

Davids

Davnie

Dean

Demmer

Dempsey

Dill

Dittrich

Dorman

Dorn

Eastlund

Eken

Ellison

Emmer

Entenza

Erhardt

Erickson

Finstad

Fritz

Garofalo

Gazelka

Goodwin

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Heidgerken

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson, J.

Johnson, R.

Johnson, S.

Juhnke

Kahn

Kelliher

Klinzing

Knoblach

Koenen

Kohls

Krinkie

Lanning

Larson

Latz

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Magnus

Mahoney

Mariani

Marquart

McNamara

Meslow

Moe

Mullery

Murphy

Nelson, M.

Nelson, P.

Newman

Nornes

Olson

Opatz

Otremba

Ozment

Paulsen

Paymar

Pelowski

Penas

Peppin

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Powell

Rukavina

Ruth

Ruud

Sailer

Samuelson

Scalze

Seifert

Sertich

Severson

Sieben

Simon

Simpson

Slawik

Smith

Soderstrom

Solberg

Sykora

Thao

Thissen

Tingelstad

Urdahl

Vandeveer

Wagenius

Walker

Wardlow

Welti

Westerberg

Wilkin

Zellers

Spk. Sviggum


 

 

      Those who voted in the negative were:

 


DeLaForest

Westrom


 

 

      The bill was repassed, as amended by Conference, and its title agreed to.

 

 

 

CONFERENCE COMMITTEE REPORT ON H. F. NO. 1816

 

      A bill for an act relating to human services; extending coverage of certain mental health services; changing certain civil commitment provisions; establishing a task force to study disposition of persons committed as sexually dangerous or sexual psychopathic personality; requiring a report; amending Minnesota Statutes 2004, sections 148C.11, subdivision 1; 253B.02, subdivisions 7, 9; 253B.05, subdivision 2; 256.9693; 256B.0624, by adding a subdivision; 260C.141, subdivision 2; 260C.193, subdivision 2; 260C.201, subdivisions 1, 2; 260C.205; 260C.212, subdivision 1; 609.2231, subdivision 3; repealing Laws 2001, First Special Session chapter 9, article 9, section 52; Laws 2002, chapter 335, section 4.


Journal of the House - 66th Day - Monday, May 23, 2005 - Top of Page 4948


May 23, 2005

 

The Honorable Steve Sviggum

Speaker of the House of Representatives

 

The Honorable James P. Metzen

President of the Senate

 

      We, the undersigned conferees for H. F. No. 1816, report that we have agreed upon the items in dispute and recommend as follows:

 

      That the Senate recede from its amendment and that H. F. No. 1816 be further amended as follows:

 

      Page 23, delete section 4

 

      Renumber the sections in sequence

 

      Amend the title as follows:

 

      Page 1, line 3, after the semicolon, insert "providing for childrens' mental health services;"

 

      Page 1, line 12, delete "609.2231,"

 

      Page 1, line 13, delete "subdivision 3;"

 

 

      We request adoption of this report and repassage of the bill.

 

      House Conferees: Tom Emmer, Fran Bradley and Thomas Huntley.

 

      Senate Conferees: Linda Berglin, Becky Lourey and Michelle L. Fischbach.

 

 

      Emmer moved that the report of the Conference Committee on H. F. No. 1816 be adopted and that the bill be repassed as amended by the Conference Committee. The motion prevailed.

 

 

      H. F. No. 1816, A bill for an act relating to human services; extending coverage of certain mental health services; changing certain civil commitment provisions; establishing a task force to study disposition of persons committed as sexually dangerous or sexual psychopathic personality; requiring a report; amending Minnesota Statutes 2004, sections 148C.11, subdivision 1; 253B.02, subdivisions 7, 9; 253B.05, subdivision 2; 256.9693; 256B.0624, by adding a subdivision; 260C.141, subdivision 2; 260C.193, subdivision 2; 260C.201, subdivisions 1, 2; 260C.205; 260C.212, subdivision 1; 609.2231, subdivision 3; repealing Laws 2001, First Special Session chapter 9, article 9, section 52; Laws 2002, chapter 335, section 4.

 

 

      The bill was read for the third time, as amended by Conference, and placed upon its repassage.


Journal of the House - 66th Day - Monday, May 23, 2005 - Top of Page 4949


                The question was taken on the repassage of the bill and the roll was called. There were 134 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Abrams

Anderson, B.

Anderson, I.

Atkins

Beard

Bernardy

Blaine

Bradley

Brod

Buesgens

Carlson

Charron

Clark

Cornish

Cox

Cybart

Davids

Davnie

Dean

DeLaForest

Demmer

Dempsey

Dill

Dittrich

Dorman

Dorn

Eastlund

Eken

Ellison

Emmer

Entenza

Erhardt

Erickson

Finstad

Fritz

Garofalo

Gazelka

Goodwin

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Heidgerken

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson, J.

Johnson, R.

Johnson, S.

Juhnke

Kahn

Kelliher

Klinzing

Knoblach

Koenen

Kohls

Krinkie

Lanning

Larson

Latz

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Magnus

Mahoney

Mariani

Marquart

McNamara

Meslow

Moe

Mullery

Murphy

Nelson, M.

Nelson, P.

Newman

Nornes

Olson

Opatz

Otremba

Ozment

Paulsen

Paymar

Pelowski

Penas

Peppin

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Powell

Rukavina

Ruth

Ruud

Sailer

Samuelson

Scalze

Seifert

Sertich

Severson

Sieben

Simon

Simpson

Slawik

Smith

Soderstrom

Solberg

Sykora

Thao

Thissen

Tingelstad

Urdahl

Vandeveer

Wagenius

Walker

Wardlow

Welti

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

      The bill was repassed, as amended by Conference, and its title agreed to.

 

 

REPORTS FROM THE COMMITTEE ON RULES AND

LEGISLATIVE ADMINISTRATION

 

      Paulsen, for the Committee on Rules and Legislative Administration, offered the following resolution and moved its adoption:

 

      Be It Resolved, by the House of Representatives of the State of Minnesota, that while it is adjourned during the 84th Legislature, the Chief Clerk and Chief Sergeant at Arms under the direction of the Speaker shall maintain House facilities in the Capitol complex. The House Chamber, retiring room, hearing and conference rooms, and offices shall be set up and made ready for legislative use and reserved for the House and its committees. Those rooms may be reserved for uses by others that are not in conflict with use by the House. The House Chamber, retiring room, and hearing rooms may be used by YMCA Youth in Government, Girls' State, Young Leaders Organization, and 4-H Leadership Conference.

 

      The motion prevailed and the resolution was adopted.


Journal of the House - 66th Day - Monday, May 23, 2005 - Top of Page 4950


                Paulsen, for the Committee on Rules and Legislative Administration, offered the following resolution and moved its adoption:

 

      Be It Resolved, by the House of Representatives of the State of Minnesota, that the Chief Clerk is directed to correct and approve the Journal of the House for May 23, 2005. The Chief Clerk is authorized to include in the Journal for May 23, 2005, any proceedings including subsequent proceedings and any legislative interim committees or commissions created or appointments made to them by legislative action or by law.

 

      The motion prevailed and the resolution was adopted.

 

 

      Paulsen, for the Committee on Rules and Legislative Administration, offered the following resolution and moved its adoption:

 

      Be It Resolved, by the House of Representatives of the State of Minnesota, that while it is adjourned during the 84th Legislature, it retains the use of parking lots B, D, H, N, O, Q and X, and the state office building parking ramp, for members and employees of the House of Representatives. The Chief Sergeant at Arms is directed to manage the use of the lots and ramp while the House of Representatives is adjourned.

 

      The motion prevailed and the resolution was adopted.

 

 

      There being no objection, the order of business reverted to Messages from the Senate.

 

 

MESSAGES FROM THE SENATE

 

 

      The following messages were received from the Senate:

 

 

Mr. Speaker:

 

      I hereby announce the passage by the Senate of the following House Files, herewith returned:

 

      H. F. No. 221, A bill for an act relating to civil actions; regulating liability on land used for recreational purposes; modifying the definition of recreational purpose; amending Minnesota Statutes 2004, section 604A.21, subdivision 5.

 

      H. F. No. 1272, A bill for an act relating to professional firms; including marriage and family therapy in the definition of professional services; allowing marriage and family therapists to practice professional services in combination; amending Minnesota Statutes 2004, sections 319B.02, subdivision 19; 319B.40.

 

      H. F. No. 1176, A bill for an act relating to education; modifying teacher license variance for certain special education teachers; amending Minnesota Statutes 2004, section 122A.09, subdivision 10.

 

Patrice Dworak, First Assistant Secretary of the Senate


Journal of the House - 66th Day - Monday, May 23, 2005 - Top of Page 4951


Mr. Speaker:

 

      I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:

 

      H. F. No. 847, A bill for an act relating to game and fish; modifying purchasing requirements; modifying certain definitions; providing for special fish management tags; specifying status of and regulating stands and blinds on public lands; modifying authority to take animals causing damage; modifying use of scopes and laser sights by visually impaired hunters; modifying certain license requirements; modifying restrictions on taking waterfowl and big game; authorizing rulemaking; modifying requirements for field training hunting dogs; modifying certain seasons; modifying trapping provisions; modifying period for treeing raccoons; prohibiting computer-assisted remote hunting; modifying restrictions on decoys; modifying disposition of state hatchery products; permitting use of silencers for wildlife control; modifying fishing and commercial fishing provisions; repealing authority for the Mississippi River Fish Refuge; repealing authority to issue certain orders; amending Minnesota Statutes 2004, sections 84.025, subdivision 10; 84.027, subdivision 13; 97A.015, subdivisions 29, 49; 97A.045, subdivision 1, by adding a subdivision; 97A.401, subdivision 5; 97A.405, subdivision 4, by adding a subdivision; 97A.435, subdivisions 2, 4; 97A.441, subdivision 7; 97A.451, subdivisions 3, 5; 97A.475, subdivisions 7, 16; 97A.485, subdivision 9; 97A.551, by adding a subdivision; 97B.005, subdivisions 1, 3; 97B.025; 97B.031, subdivisions 1, 5; 97B.111, subdivision 2; 97B.621, subdivision 2; 97B.655, subdivision 2; 97B.711, subdivision 1; 97B.803; 97B.805, subdivision 1; 97B.811, subdivisions 3, 4a; 97C.203; 97C.327; 97C.345, subdivision 2; 97C.395, subdivision 1; 97C.401, subdivision 2; 97C.825, subdivision 5; 609.66, subdivisions 1h, 2; proposing coding for new law in Minnesota Statutes, chapter 97B; repealing Minnesota Statutes 2004, sections 88.27; 97B.005, subdivision 4; 97B.935; 97C.015; 97C.403; 97C.825, subdivisions 6, 7, 8, 9.

 

      The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said House File is herewith returned to the House.

 

Patrice Dworak, First Assistant Secretary of the Senate

 

 

Mr. Speaker:

 

      I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:

 

      H. F. No. 1507, A bill for an act relating to health; modifying provisions for isolation and quarantine of persons exposed to or infected with a communicable disease; amending Minnesota Statutes 2004, sections 144.419, subdivision 1; 144.4195, subdivisions 1, 2, 5; Laws 2002, chapter 402, section 21, as amended; proposing coding for new law in Minnesota Statutes, chapter 144.

 

      The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said House File is herewith returned to the House.

 

Patrice Dworak, First Assistant Secretary of the Senate


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Mr. Speaker:

 

      I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:

 

 

      H. F. No. 1555, A bill for an act relating to health; modifying the Minnesota Emergency Health Powers Act; modifying authority of out-of-state license holders; amending Minnesota Statutes 2004, sections 12.03, subdivision 4d, by adding a subdivision; 12.22, subdivision 2a, by adding a subdivision; 12.31, subdivisions 1, 2; 12.32; 12.34, subdivision 1; 12.381; 12.39; 12.42; 13.3806, subdivision 1a; Laws 2002, chapter 402, section 21, as amended; proposing coding for new law in Minnesota Statutes, chapter 12.

 

      The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said House File is herewith returned to the House.

 

Patrice Dworak, First Assistant Secretary of the Senate

 

 

Mr. Speaker:

 

      I hereby announce that the Senate refuses to concur in the House amendments to the following Senate File:

 

      S. F. No. 644, A bill for an act relating to family law; requiring notification of noncustodial parents, corrections agents, local welfare agencies, and the court, of residence of a custodial parent with certain convicted persons; changing certain presumptions relating to paternity; disallowing certain convicted persons from becoming custodians of unrelated children; changing certain procedures for removal of a child's residence from Minnesota; requiring certain information in summary real estate disposition judgments; identifying pension plans subject to marital property division; authorizing the Department of Human Services to collect spousal maintenance; changing certain provisions concerning adoption communication or contact agreements; appropriating money; amending Minnesota Statutes 2004, sections 257.55, subdivision 1; 257.57, subdivision 2; 257.62, subdivision 5; 257C.03, subdivision 7; 259.24, subdivisions 1, 2a, 5, 6a; 259.58; 260C.201, subdivision 11; 260C.212, subdivision 4; 518.091, subdivision 1; 518.1705, subdivisions 4, 7; 518.175, subdivision 3; 518.179, by adding a subdivision; 518.18; 518.191, subdivision 2; 518.54, subdivisions 4a, 14, by adding a subdivision; 518.551, subdivision 1; 518.58, subdivision 4; proposing coding for new law in Minnesota Statutes, chapters 244; 257; 260C.

 

      The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:

 

      Senators Neuville, Berglin and Betzold.

 

      Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee.

 

Patrice Dworak, First Assistant Secretary of the Senate

 

 

      Smith moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 644. The motion prevailed.


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Mr. Speaker:

 

      I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:

 

      S. F. No. 1555.

 

      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. 1555

 

      A bill for an act relating to gambling; amending various provisions relating to lawful gambling; amending and providing definitions; making technical, clarifying, and conforming changes; amending Minnesota Statutes 2004, sections 349.12, subdivisions 5, 25, 33, by adding subdivisions; 349.15, subdivision 1; 349.151, subdivisions 4, 4b; 349.152, subdivision 2; 349.153; 349.155, subdivision 3; 349.16, subdivisions 2, 8; 349.161, subdivision 5; 349.162, subdivisions 1, 4, 5; 349.163, subdivision 3; 349.1635, subdivision 4; 349.166, subdivisions 1, 2; 349.167, subdivision 1; 349.168, subdivision 8; 349.17, subdivisions 5, 7; 349.1711, subdivision 1; 349.173; 349.18, subdivision 1; 349.19, subdivisions 4, 5, 10; 349.211, subdivision 2c; 349.2125, subdivision 1; 349.213; 609.75, subdivision 1; repealing Minnesota Statutes 2004, sections 349.162, subdivision 3; 349.164; 349.17, subdivision 1.

 

May 23, 2005

 

The Honorable James P. Metzen

President of the Senate

 

The Honorable Steve Sviggum

Speaker of the House of Representatives

 

      We, the undersigned conferees for S. F. No. 1555, 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. 1555 be further amended as follows:

 

      Delete everything after the enacting clause and insert:

 

"ARTICLE 1

 

LAWFUL GAMBLING

 

      Section 1. Minnesota Statutes 2004, section 349.12, is amended by adding a subdivision to read:

 

      Subd. 3c. [BAR BINGO.] "Bar bingo" is a bingo occasion conducted at a permitted premises in an area where intoxicating liquor or 3.2 percent malt beverages are sold and where the licensed organization conducts another form of lawful gambling.


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                Sec. 2. Minnesota Statutes 2004, section 349.12, subdivision 5, is amended to read:

 

      Subd. 5. [BINGO OCCASION.] "Bingo occasion" means a single gathering or session at which a series of one or more successive bingo games is played. There is no limit on the number of games conducted during a bingo occasion but a bingo occasion must not last longer than eight consecutive hours.

 

      Sec. 3. Minnesota Statutes 2004, section 349.12, is amended by adding a subdivision to read:

 

      Subd. 7a. [CHARITABLE CONTRIBUTION.] "Charitable contribution" means one or more of the lawful purposes expenditures under section 349.12, subdivision 25, paragraph (a), clauses (1) to (7), (10), (11), (13) to (15), and (19).

 

      Sec. 4. Minnesota Statutes 2004, section 349.12, is amended by adding a subdivision to read:

 

      Subd. 12a. [ELECTRONIC BINGO DEVICE.] "Electronic bingo device" means an electronic device used by a bingo player to monitor bingo paper sheets purchased at the time and place of an organization's bingo occasion and which (1) provides a means for bingo players to input numbers announced by a bingo caller; (2) compares the numbers entered by the player to the bingo faces previously stored in the memory of the device; and (3) identifies a winning bingo pattern.

 

Electronic bingo device does not mean any device into which coin, currency, or tokens are inserted to activate play.

 

      Sec. 5. Minnesota Statutes 2004, section 349.12, subdivision 25, is amended to read:

 

      Subd. 25. [LAWFUL PURPOSE.] (a) "Lawful purpose" means one or more of the following:

 

      (1) any expenditure by or contribution to a 501(c)(3) or festival organization, as defined in subdivision 15a, provided that the organization and expenditure or contribution are in conformity with standards prescribed by the board under section 349.154, which standards must apply to both types of organizations in the same manner and to the same extent;

 

      (2) a contribution to or expenditure for goods and services for an individual or family suffering from poverty, homelessness, or physical or mental disability, which is used to relieve the effects of that poverty, homelessness, or disability suffering;

 

      (3) a contribution to an individual for treatment for delayed posttraumatic stress syndrome or a contribution to a program recognized by the Minnesota Department of Human Services for the education, prevention, or treatment of compulsive problem gambling;

 

      (4) a contribution to or expenditure on a public or private nonprofit educational institution registered with or accredited by this state or any other state;

 

      (5) a contribution to a scholarship fund for defraying the cost of education to individuals where the funds are awarded through an open and fair selection process;

 

      (6) activities by an organization or a government entity which recognize humanitarian or military service to the United States, the state of Minnesota, or a community, subject to rules of the board, provided that the rules must not include mileage reimbursements in the computation of the per diem reimbursement limit and must impose no aggregate annual limit on the amount of reasonable and necessary expenditures made to support:

 

      (i) members of a military marching or color guard unit for activities conducted within the state;


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                (ii) members of an organization solely for services performed by the members at funeral services; or

 

      (iii) members of military marching, color guard, or honor guard units may be reimbursed for participating in color guard, honor guard, or marching unit events within the state or states contiguous to Minnesota at a per participant rate of up to $35 per diem; or

 

      (iv) active military personnel and their immediate family members in need of support services;

 

      (7) recreational, community, and athletic facilities and activities intended primarily for persons under age 21, provided that such facilities and activities do not discriminate on the basis of gender and the organization complies with section 349.154;

 

      (8) payment of local taxes authorized under this chapter, taxes imposed by the United States on receipts from lawful gambling, the taxes imposed by section 297E.02, subdivisions 1, 4, 5, and 6, and the tax imposed on unrelated business income by section 290.05, subdivision 3;

 

      (9) payment of real estate taxes and assessments on permitted gambling premises wholly owned by the licensed organization paying the taxes, or wholly leased by a licensed veterans organization under a national charter recognized under section 501(c)(19) of the Internal Revenue Code, not to exceed:

 

      (i) for premises used for bingo, the amount that an organization may expend under board rules on rent for bingo; and

 

      (ii) $35,000 per year for premises used for other forms of lawful gambling;

 

      (10) a contribution to the United States, this state or any of its political subdivisions, or any agency or instrumentality thereof other than a direct contribution to a law enforcement or prosecutorial agency;

 

      (11) a contribution to or expenditure by a nonprofit organization which is a church or body of communicants gathered in common membership for mutual support and edification in piety, worship, or religious observances;

 

      (12) payment of the reasonable costs of an audit required in section 297E.06, subdivision 4, provided the annual audit is filed in a timely manner with the Department of Revenue and paid prior to June 30, 2006;

 

      (13) a contribution to or expenditure on a wildlife management project that benefits the public at-large, provided that the state agency with authority over that wildlife management project approves the project before the contribution or expenditure is made;

 

      (14) expenditures, approved by the commissioner of natural resources, by an organization for grooming and maintaining snowmobile trails and all-terrain vehicle trails that are (1) grant-in-aid trails established under section 85.019, or (2) other trails open to public use, including purchase or lease of equipment for this purpose;

 

      (13) a contribution to or expenditure on projects or activities approved by the commissioner of natural resources for:

 

      (i) wildlife management projects that benefit the public at large;

 

      (ii) grant-in-aid trail maintenance and grooming established under sections 84.83 and 84.927 and other trails open to public use, including purchase or lease of equipment for this purpose; and


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                (iii) supplies and materials for safety training and educational programs coordinated by the Department of Natural Resources including the Enforcement Division;

 

      (15) (14) conducting nutritional programs, food shelves, and congregate dining programs primarily for persons who are age 62 or older or disabled;

 

      (16) (15) a contribution to a community arts organization, or an expenditure to sponsor arts programs in the community, including but not limited to visual, literary, performing, or musical arts;

 

      (17) (16) an expenditure by a licensed veterans organization for payment of water, fuel for heating, electricity, and sewer costs for a building wholly owned or wholly leased by and used as the primary headquarters of the licensed veterans organization;

 

      (18) (17) expenditure by a licensed veterans organization of up to $5,000 in a calendar year in net costs to the organization for meals and other membership events, limited to members and spouses, held in recognition of military service. No more than $5,000 can be expended in total per calendar year under this clause by all licensed veterans organizations sharing the same veterans post home; or

 

      (19) (18) payment of fees authorized under this chapter imposed by the state of Minnesota to conduct lawful gambling in Minnesota; or

 

      (19) a contribution or expenditure to honor an individual's humanitarian service as demonstrated through philanthropy or volunteerism to the United States, this state, or local community.

 

      (b) Notwithstanding paragraph (a), "lawful purpose" does not include:

 

      (1) any expenditure made or incurred for the purpose of influencing the nomination or election of a candidate for public office or for the purpose of promoting or defeating a ballot question;

 

      (2) any activity intended to influence an election or a governmental decision-making process;

 

      (3) the erection, acquisition, improvement, expansion, repair, or maintenance of real property or capital assets owned or leased by an organization, unless the board has first specifically authorized the expenditures after finding that (i) the real property or capital assets will be used exclusively for one or more of the purposes in paragraph (a); (ii) with respect to expenditures for repair or maintenance only, that the property is or will be used extensively as a meeting place or event location by other nonprofit organizations or community or service groups and that no rental fee is charged for the use; (iii) with respect to expenditures, including a mortgage payment or other debt service payment, for erection or acquisition only, that the erection or acquisition is necessary to replace with a comparable building, a building owned by the organization and destroyed or made uninhabitable by fire or natural disaster catastrophe, provided that the expenditure may be only for that part of the replacement cost not reimbursed by insurance; (iv) with respect to expenditures, including a mortgage payment or other debt service payment, for erection or acquisition only, that the erection or acquisition is necessary to replace with a comparable building a building owned by the organization that was acquired from the organization by eminent domain or sold by the organization to a purchaser that the organization reasonably believed would otherwise have acquired the building by eminent domain, provided that the expenditure may be only for that part of the replacement cost that exceeds the compensation received by the organization for the building being replaced; or (v) with respect to an expenditure to bring an existing building into compliance with the Americans with Disabilities Act under item (ii), an organization has the option to apply the amount of the board-approved expenditure to the erection or acquisition of a replacement building that is in compliance with the Americans with Disabilities Act;


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                (4) an expenditure by an organization which is a contribution to a parent organization, foundation, or affiliate of the contributing organization, if the parent organization, foundation, or affiliate has provided to the contributing organization within one year of the contribution any money, grants, property, or other thing of value;

 

      (5) a contribution by a licensed organization to another licensed organization unless the board has specifically authorized the contribution. The board must authorize such a contribution when requested to do so by the contributing organization unless it makes an affirmative finding that the contribution will not be used by the recipient organization for one or more of the purposes in paragraph (a); or

 

      (6) a contribution to a statutory or home rule charter city, county, or town by a licensed organization with the knowledge that the governmental unit intends to use the contribution for a pension or retirement fund.

 

      [EFFECTIVE DATE.] The effective date for paragraph (a), clause (9), is January 1, 2006. All other changes in this section are effective the day following final enactment.

 

      Sec. 6. Minnesota Statutes 2004, section 349.12, subdivision 33, is amended to read:

 

      Subd. 33. [RAFFLE.] "Raffle" means a game in which a participant buys a ticket for a chance at a prize with the winner determined by a random drawing to take place at a location and date printed upon the ticket or other certificate of participation in an event where the prize determination is based on a method of random selection and all entries have an equal chance of selection. The ticket or certificate of participation must include the location, date, and time of the selection of the winning entries.

 

      [EFFECTIVE DATE.] This section is effective the day following final enactment.

 

      Sec. 7. Minnesota Statutes 2004, section 349.15, subdivision 1, is amended to read:

 

      Subdivision 1. [EXPENDITURE RESTRICTIONS.] Gross profits from lawful gambling may be expended only for lawful purposes or allowable expenses as authorized by the membership of the conducting organization at a monthly meeting of the organization's membership. Provided that no more than 70 percent of the gross profit less the tax imposed under section 297E.02, subdivision 1, from bingo, and no more than 55 60 percent of the gross profit from other forms of lawful gambling, may be expended biennially during the term of the license for allowable expenses related to lawful gambling. For licenses issued after June 30, 2006, compliance with this subdivision will be measured on a biennial basis that is concurrent with the term of the license. Compliance with this subdivision is a condition for the renewal of any license beginning on July 1, 2008.

 

      [EFFECTIVE DATE.] This section is effective July 1, 2006.

 

      Sec. 8. Minnesota Statutes 2004, section 349.151, subdivision 4, is amended to read:

 

      Subd. 4. [POWERS AND DUTIES.] (a) The board has the following powers and duties:

 

      (1) to regulate lawful gambling to ensure it is conducted in the public interest;

 

      (2) to issue licenses to organizations, distributors, distributor salespersons, bingo halls, manufacturers, linked bingo game providers, and gambling managers;

 

      (3) to collect and deposit license, permit, and registration fees due under this chapter;


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                (4) to receive reports required by this chapter and inspect all premises, records, books, and other documents of organizations, distributors, manufacturers, and linked bingo game providers, and bingo halls to insure compliance with all applicable laws and rules;

 

      (5) to make rules authorized by this chapter;

 

      (6) to register gambling equipment and issue registration stamps;

 

      (7) to provide by rule for the mandatory posting by organizations conducting lawful gambling of rules of play and the odds and/or house percentage on each form of lawful gambling;

 

      (8) to report annually to the governor and legislature on its activities and on recommended changes in the laws governing gambling;

 

      (9) to report annually to the governor and legislature a financial summary for each licensed organization identifying the gross receipts, prizes paid, allowable expenses, lawful purpose expenditures including charitable contributions and all taxes and fees as per section 349.12, subdivision 25, paragraph (a), clauses (8) and (18), and the percentage of annual gross profit used for lawful purposes;

 

      (10) to impose civil penalties of not more than $500 per violation on organizations, distributors, distributor salespersons, manufacturers, bingo halls, linked bingo game providers, and gambling managers for failure to comply with any provision of this chapter or any rule or order of the board;

 

      (10) (11) to issue premises permits to organizations licensed to conduct lawful gambling;

 

      (11) (12) to delegate to the director the authority to issue or deny license and premises permit applications and renewals under criteria established by the board;

 

      (12) (13) to delegate to the director the authority to approve or deny fund loss requests, contribution of gambling funds to another licensed organization, and property expenditure requests under criteria established by the board;

 

      (14) to suspend or revoke licenses and premises permits of organizations, distributors, distributor salespersons, manufacturers, bingo halls, linked bingo game providers, or gambling managers as provided in this chapter;

 

      (15) to approve or deny requests from licensees for:

 

      (i) waivers from fee requirements as provided in section 349.16, subdivision 6; and

 

      (ii) variances from Gambling Control Board rules under section 14.055; and

 

      (13) (16) to register employees of organizations licensed to conduct lawful gambling;

 

      (14) (17) to require fingerprints from persons determined by board rule to be subject to fingerprinting;

 

      (15) (18) to delegate to a compliance review group of the board the authority to investigate alleged violations, issue consent orders, and initiate contested cases on behalf of the board;

 

      (16) (19) to order organizations, distributors, distributor salespersons, manufacturers, bingo halls, linked bingo game providers, and gambling managers to take corrective actions; and

 

      (17) (20) to take all necessary steps to ensure the integrity of and public confidence in lawful gambling.


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                (b) The board, or director if authorized to act on behalf of the board, may by citation assess any organization, distributor, employee eligible to make sales on behalf of a distributor salesperson, manufacturer, bingo hall licensee, linked bingo game provider, or gambling manager a civil penalty of not more than $500 per violation for a failure to comply with any provision of this chapter or any rule adopted or order issued by the board. Any organization, distributor, bingo hall licensee distributor salesperson, gambling manager, linked bingo game provider, or manufacturer assessed a civil penalty under this paragraph may request a hearing before the board. Appeals of citations imposing a civil penalty are not subject to the provisions of the Administrative Procedure Act.

 

      (c) All penalties received by the board must be deposited in the general fund.

 

      (d) All fees imposed by the board under sections 349.16 to 349.167 must be deposited in the state treasury and credited to a lawful gambling regulation account in the special revenue fund. Receipts in this account are available for the operations of the board up to the amount authorized in biennial appropriations from the legislature.

 

      Sec. 9. Minnesota Statutes 2004, section 349.151, subdivision 4b, is amended to read:

 

      Subd. 4b. [PULL-TAB SALES FROM DISPENSING DEVICES.] (a) The board may by rule authorize but not require the use of pull-tab dispensing devices.

 

      (b) Rules adopted under paragraph (a):

 

      (1) must limit the number of pull-tab dispensing devices on any permitted premises to three; and

 

      (2) must limit the use of pull-tab dispensing devices to a permitted premises which is (i) a licensed premises for on-sales of intoxicating liquor or 3.2 percent malt beverages; or (ii) a licensed bingo hall that allows gambling only by premises where bingo is conducted and admission is restricted to persons 18 years or older.

 

      (c) Notwithstanding rules adopted under paragraph (b), pull-tab dispensing devices may be used in establishments licensed for the off-sale of intoxicating liquor, other than drugstores and general food stores licensed under section 340A.405, subdivision 1.

 

      Sec. 10. Minnesota Statutes 2004, section 349.151, is amended by adding a subdivision to read:

 

      Subd. 4c. [ELECTRONIC BINGO.] (a) The board may by rule authorize but not require the use of electronic bingo devices.

 

      (b) Rules adopted under paragraph (a):

 

      (1) must limit the number of bingo faces that can be played using an electronic bingo device to 36;

 

      (2) must require that an electronic bingo device be used with corresponding bingo paper sheets;

 

      (3) must require that the electronic bingo device site system have dial-up capability to permit the board to remotely monitor the operation of the device and the internal accounting systems; and

 

      (4) must prohibit the price of a face played on an electronic bingo device from being less than the price of a face on a bingo paper sheet sold at the same occasion.


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                Sec. 11. Minnesota Statutes 2004, section 349.152, subdivision 2, is amended to read:

 

      Subd. 2. [DUTIES OF DIRECTOR.] The director has the following duties:

 

      (1) to carry out gambling policy established by the board;

 

      (2) to employ and supervise personnel of the board;

 

      (3) to advise and make recommendations to the board on rules, policy, and legislative initiatives;

 

      (4) to approve or deny operational requests from licensees as delegated by the board;

 

      (5) to issue licenses and premises permits as authorized by the board;

 

      (5) (6) to issue cease and desist orders;

 

      (6) (7) to make recommendations to the board on license issuance, denial, censure, suspension and revocation, civil penalties, and corrective action the board imposes;

 

      (7) (8) to ensure that board rules, policy, and decisions are adequately and accurately conveyed to the board's licensees;

 

      (8) (9) to conduct investigations, inspections, compliance reviews, and audits under this chapter; and

 

      (9) (10) to issue subpoenas to compel the attendance of witnesses and the production of documents, books, records, and other evidence relating to an investigation, compliance review, or audit the director is authorized to conduct.

 

      Sec. 12. Minnesota Statutes 2004, section 349.153, is amended to read:

 

      349.153 [CONFLICT OF INTEREST.]

 

      (a) A person may not serve on the board, be the director, or be an employee of the board who has an interest in any corporation, association, limited liability company, or partnership that is licensed by the board as a distributor, manufacturer, or linked bingo game provider, or bingo hall under section 349.164.

 

      (b) A member of the board, the director, or an employee of the board may not accept employment with, receive compensation directly or indirectly from, or enter into a contractual relationship with an organization that conducts lawful gambling, a distributor, a linked bingo game provider, a bingo hall, or a manufacturer while employed with or a member of the board or within one year after terminating employment with or leaving the board.

 

      (c) A distributor, bingo hall, manufacturer, linked bingo game provider, or organization licensed to conduct lawful gambling may not hire a former employee, director, or member of the Gambling Control Board for one year after the employee, director, or member has terminated employment with or left the Gambling Control Board.

 

      Sec. 13. Minnesota Statutes 2004, section 349.155, subdivision 3, is amended to read:

 

      Subd. 3. [MANDATORY DISQUALIFICATIONS.] (a) In the case of licenses for manufacturers, distributors, distributor salespersons, bingo halls, linked bingo game providers, and gambling managers, the board may not issue or renew a license under this chapter, and shall revoke a license under this chapter, if the applicant or licensee, or a director, officer, partner, governor, or person in a supervisory or management position of the applicant or licensee:


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                (1) has ever been convicted of a felony or a crime involving gambling;

 

      (2) has ever been convicted of (i) assault, (ii) a criminal violation involving the use of a firearm, or (iii) making terroristic threats;

 

      (3) is or has ever been connected with or engaged in an illegal business;

 

      (4) owes $500 or more in delinquent taxes as defined in section 270.72;

 

      (5) had a sales and use tax permit revoked by the commissioner of revenue within the past two years; or

 

      (6) after demand, has not filed tax returns required by the commissioner of revenue. The board may deny or refuse to renew a license under this chapter, and may revoke a license under this chapter, if any of the conditions in this paragraph are applicable to an affiliate or direct or indirect holder of more than a five percent financial interest in the applicant or licensee.

 

      (b) In the case of licenses for organizations, the board may not issue or renew a license under this chapter, and shall revoke a license under this chapter, if the organization, or an officer or member of the governing body of the organization:

 

      (1) has been convicted of a felony or gross misdemeanor within the five years before the issuance or renewal of the license involving theft or fraud;

 

      (2) has ever been convicted of a crime involving gambling; or

 

      (3) has had a license issued by the board or director permanently revoked for violation of law or board rule.

 

      Sec. 14. Minnesota Statutes 2004, section 349.16, subdivision 2, is amended to read:

 

      Subd. 2. [ISSUANCE OF GAMBLING LICENSES.] (a) Licenses authorizing organizations to conduct lawful gambling may be issued by the board to organizations meeting the qualifications in paragraphs (b) to (h) if the board determines that the license is consistent with the purpose of sections 349.11 to 349.22.

 

      (b) The organization must have been in existence for the most recent three years preceding the license application as a registered Minnesota nonprofit corporation or as an organization designated as exempt from the payment of income taxes by the Internal Revenue Code.

 

      (c) The organization at the time of licensing must have at least 15 active members.

 

      (d) The organization must not be in existence solely for the purpose of conducting gambling.

 

      (e) The organization has identified in its license application the lawful purposes on which it proposes to expend net profits from lawful gambling and has identified an annual goal for charitable contributions, expressed as a percentage of gross profits.

 

      (f) The organization has identified on its license application a gambling manager and certifies that the manager is qualified under this chapter.

 

      (g) The organization must not, in the opinion of the board after consultation with the commissioner of revenue, be seeking licensing primarily for the purpose of evading or reducing the tax imposed by section 297E.02, subdivision 6.


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                (h) The organization has not exceeded the expenditure restrictions imposed under section 349.15, subdivision 1, or if the organization has exceeded the expenditure restrictions under section 349.15, subdivision 1, the organization has reimbursed any excess expenses from nongambling funds.

 

      Sec. 15. Minnesota Statutes 2004, section 349.16, subdivision 8, is amended to read:

 

      Subd. 8. [LOCAL INVESTIGATION FEE.] A statutory or home rule charter city or county notified under section 349.213, subdivision 2, may assess an investigation fee on organizations or bingo halls applying for or renewing a premises permit or a bingo hall license. An investigation fee may not exceed the following limits:

 

      (1) for cities of the first class, $500;

 

      (2) for cities of the second class, $250;

 

      (3) for all other cities, $100; and

 

      (4) for counties, $375.

 

      Sec. 16. Minnesota Statutes 2004, section 349.161, subdivision 5, is amended to read:

 

      Subd. 5. [PROHIBITION.] (a) No distributor, distributor salesperson, or other employee of a distributor, may also be a wholesale distributor of alcoholic beverages or an employee of a wholesale distributor of alcoholic beverages.

 

      (b) No distributor, distributor salesperson, or any representative, agent, affiliate, or other employee of a distributor, may: (1) be involved in the conduct of lawful gambling by an organization; (2) keep or assist in the keeping of an organization's financial records, accounts, and inventories; or (3) prepare or assist in the preparation of tax forms and other reporting forms required to be submitted to the state by an organization.

 

      (c) No distributor, distributor salesperson, or any representative, agent, affiliate, or other employee of a distributor may provide a lessor of gambling premises any compensation, gift, gratuity, premium, or other thing of value.

 

      (d) No distributor, distributor salesperson, or any representative, agent, affiliate, or other employee of a distributor may provide an employee or agent of the organization any compensation, gift, gratuity, premium, or other thing of value greater than $25 per organization in a calendar year.

 

      (e) No distributor, distributor salesperson, or any representative, agent, affiliate, or other employee of a distributor may participate in any gambling activity at any gambling site or premises where gambling equipment purchased from that distributor or distributor salesperson is being used in the conduct of lawful gambling.

 

      (e) (f) No distributor, distributor salesperson, or any representative, agent, affiliate, or other employee of a distributor may alter or modify any gambling equipment, except to add a "last ticket sold" prize sticker.

 

      (f) (g) No distributor, distributor salesperson, or any representative, agent, affiliate, or other employee of a distributor may: (1) recruit a person to become a gambling manager of an organization or identify to an organization a person as a candidate to become gambling manager for the organization; or (2) identify for an organization a potential gambling location.


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                (g) (h) No distributor or distributor salesperson may purchase gambling equipment for resale to a person for use within the state from any person not licensed as a manufacturer under section 349.163, except for gambling equipment returned from an organization licensed under section 349.16, or exempt or excluded from licensing under section 349.166.

 

      (h) (i) No distributor or distributor salesperson may sell gambling equipment to any person for use in Minnesota other than (i) a licensed organization or organization excluded or exempt from licensing, or (ii) the governing body of an Indian tribe.

 

      (i) (j) No distributor or distributor salesperson may sell or otherwise provide a pull-tab or tipboard deal with the symbol required by section 349.163, subdivision 5, paragraph (h) (d), visible on the flare to any person other than in Minnesota to a licensed organization or organization exempt from licensing.

 

      Sec. 17. Minnesota Statutes 2004, section 349.162, subdivision 1, is amended to read:

 

      Subdivision 1. [STAMP REGISTRATION REQUIRED.] (a) A distributor may not sell, transfer, furnish, or otherwise provide to a person, and no person may purchase, borrow, accept, or acquire from a distributor gambling equipment for use within the state unless the equipment has been registered with the board and has a registration stamp affixed, except for gambling equipment not stamped by the manufacturer pursuant to section 349.163, subdivision 5 or 8. Each stamp must bear a registration number assigned by the board.

 

      (b) A manufacturer must return all unused registration stamps in its possession to the board by February 1, 1995. No manufacturer may possess unaffixed registration stamps after February 1, 1995.

 

      (c) After February 1, 1996, no person may possess any unplayed pull-tab or tipboard deals with a registration stamp affixed to the flare or any unplayed paddleticket cards with a registration stamp affixed to the master flare. This paragraph does not apply to unplayed pull-tab or tipboard deals with a registration stamp affixed to the flare, or to unplayed paddleticket cards with a registration stamp affixed to the master flare, if the deals or cards are identified on a list of existing inventory submitted by a licensed organization or a licensed distributor, in a format prescribed by the commissioner of revenue, to the commissioner of revenue on or before February 1, 1996 or the Department of Revenue in a manner prescribed by the board or the Department of Revenue. Gambling equipment kept in violation of this paragraph subdivision is contraband under section 349.2125.

 

      Sec. 18. Minnesota Statutes 2004, section 349.162, subdivision 4, is amended to read:

 

      Subd. 4. [PROHIBITION.] (a) No person other than a licensed distributor or licensed manufacturer may possess unaffixed registration stamps issued by the board for the purpose of registering gambling equipment.

 

      (b) Unless otherwise provided in this chapter, no person may possess gambling equipment that has not been stamped and registered.

 

      (c) On and after January 1, 1991, no distributor may:

 

      (1) sell a bingo hard card or paper sheet that does not bear an individual number; or

 

      (2) sell a package of bingo paper sheets that does not contain bingo paper sheets in numerical order.


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                Sec. 19. Minnesota Statutes 2004, section 349.162, subdivision 5, is amended to read:

 

      Subd. 5. [SALES FROM FACILITIES.] (a) All gambling equipment purchased or possessed by a licensed distributor for resale to any person for use in Minnesota must, prior to the equipment's resale, be unloaded into a storage facility located in Minnesota which the distributor owns or leases; and which has been registered, in advance and in writing, with the Division of Alcohol and Gambling Enforcement as a storage facility of the distributor. All unregistered gambling equipment and all unaffixed registration stamps owned by, or in the possession of, a licensed distributor in the state of Minnesota shall be stored at a storage facility which has been registered with the Division of Alcohol and Gambling Enforcement. No gambling equipment may be moved from the facility unless the gambling equipment has been first registered with the board, except for gambling equipment not stamped by the manufacturer pursuant to section 349.163, subdivision 5 or 8 or the Department of Revenue.

 

      (b) Notwithstanding section 349.163, subdivisions 5, 6, and 8, a licensed manufacturer may ship into Minnesota approved or unapproved gambling equipment if the licensed manufacturer ships the gambling equipment to a Minnesota storage facility that is: (1) owned or leased by the licensed manufacturer; and (2) registered, in advance and in writing, with the Division of Alcohol and Gambling Enforcement as a manufacturer's storage facility. No gambling equipment may be shipped into Minnesota to the manufacturer's registered storage facility unless the shipment of the gambling equipment is reported to the Department of Revenue in a manner prescribed by the department. No gambling equipment may be moved from the storage facility unless the gambling equipment is sold to a licensed distributor and is otherwise in conformity with this chapter, is shipped to an out-of-state site and the shipment is reported to the Department of Revenue in a manner prescribed by the department, or is otherwise sold and shipped as permitted by board rule.

 

      (c) All storage facilities owned, leased, used, or operated by a licensed distributor or manufacturer may be entered upon and inspected by the employees of the Division of Alcohol and Gambling Enforcement, the Division of Alcohol and Gambling Enforcement director's authorized representatives, employees of the Gambling Control Board or its authorized representatives, employees of the Department of Revenue, or authorized representatives of the director of the Division of Special Taxes of the Department of Revenue during reasonable and regular business hours. Obstruction of, or failure to permit, entry and inspection is cause for revocation or suspension of a manufacturer's or distributor's licenses and permits issued under this chapter.

 

      (d) Unregistered gambling equipment and unaffixed registration stamps found at any location in Minnesota other than the manufacturing plant of a licensed manufacturer or a registered storage facility are contraband under section 349.2125. This paragraph does not apply:

 

      (1) to unregistered gambling equipment being transported in interstate commerce between locations outside this state, if the interstate shipment is verified by a bill of lading or other valid shipping document; and

 

      (2) to gambling equipment not stamped by the manufacturer pursuant to section 349.163, subdivision 5 or 8 registered with the Department of Revenue for distribution to the tribal casinos.

 

      Sec. 20. Minnesota Statutes 2004, section 349.163, subdivision 3, is amended to read:

 

      Subd. 3. [PROHIBITED SALES.] (a) A manufacturer may not:

 

      (1) sell gambling equipment for use or resale within the state to any person not licensed as a distributor, except that gambling equipment used exclusively in a linked bingo game may be sold to a licensed linked bingo provider; or

 

      (2) sell gambling equipment to a distributor in this state that has the same serial number as another item of gambling equipment of the same type that is sold by that manufacturer for use or resale in this state.


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                (b) A manufacturer, affiliate of a manufacturer, or person acting as a representative or agent of a manufacturer may not provide a lessor of gambling premises or an appointed official any compensation, gift, gratuity, premium, contribution, or other thing of value.

 

      (c) A manufacturer may not sell or otherwise provide a pull-tab or tipboard deal with the symbol required by subdivision 5, paragraph (h) (d), imprinted on the flare to any person other than a licensed distributor unless the manufacturer first renders the symbol permanently invisible.

 

      Sec. 21. Minnesota Statutes 2004, section 349.1635, subdivision 4, is amended to read:

 

      Subd. 4. [PROHIBITION.] (a) Except for services associated exclusively with a linked bingo game, a linked bingo game provider may not participate or assist in the conduct of lawful gambling by an organization. No linked bingo game provider may:

 

      (1) also be licensed as a bingo hall or hold any financial or managerial interest in a premises leased for the conduct of bingo hall;

 

      (2) also be licensed as a distributor or hold any financial or managerial interest in a distributor;

 

      (3) sell or lease linked bingo game equipment to any person not licensed as an organization;

 

      (4) purchase gambling equipment to be used exclusively in a linked bingo game from any person not licensed as a manufacturer under section 349.163; and

 

      (5) provide an organization, a lessor of gambling premises, or an appointed official any compensation, gift, gratuity, premium, or contribution.

 

      (b) Employees of the board and the Division of Alcohol and Gambling Enforcement may inspect the books, records, inventory, and business premises of a licensed linked bingo game provider without notice during the normal business hours of the linked bingo game provider. The board may charge a linked bingo game provider for the actual cost of conducting scheduled or unscheduled inspections of the licensee's facilities.

 

      Sec. 22. Minnesota Statutes 2004, section 349.166, subdivision 1, is amended to read:

 

      Subdivision 1. [EXCLUSIONS.] (a) Bingo, with the exception of linked bingo games, may be conducted without a license and without complying with sections 349.168, subdivisions 1 and 2; 349.17, subdivisions 1, 4, and 5; 349.18, subdivision 1; and 349.19, if it is conducted:

 

      (1) by an organization in connection with a county fair, the state fair, or a civic celebration and is not conducted for more than 12 consecutive days and is limited to no more than four separate applications for activities applied for and approved in a calendar year; or

 

      (2) by an organization that conducts four or fewer bingo occasions in a calendar year.

 

      An organization that holds a license to conduct lawful gambling under this chapter may not conduct bingo under this subdivision.

 

      (b) Bingo may be conducted within a nursing home or a senior citizen housing project or by a senior citizen organization if the prizes for a single bingo game do not exceed $10, total prizes awarded at a single bingo occasion do not exceed $200, no more than two bingo occasions are held by the organization or at the facility each week, only members of the organization or residents of the nursing home or housing project are allowed to play in a bingo


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game, no compensation is paid for any persons who conduct the bingo, and a manager is appointed to supervise the bingo. Bingo conducted under this paragraph is exempt from sections 349.11 to 349.23, and the board may not require an organization that conducts bingo under this paragraph, or the manager who supervises the bingo, to register or file a report with the board. The gross receipts from bingo conducted under the limitations of this subdivision are exempt from taxation under chapter 297A.

 

      (c) Raffles may be conducted by an organization without a license and without complying with sections 349.154 to 349.165 and 349.167 to 349.213 registering with the board if the value of all raffle prizes awarded by the organization in a calendar year does not exceed $1,500.

 

      (d) Except as provided in paragraph (b), the organization must maintain all required records of excluded gambling activity for 3-1/2 years.

 

      Sec. 23. Minnesota Statutes 2004, section 349.166, subdivision 2, is amended to read:

 

      Subd. 2. [EXEMPTIONS.] (a) Lawful gambling, with the exception of linked bingo games, may be conducted by an organization without a license and without complying with sections 349.168, subdivisions 1 and 2; 349.17, subdivisions 4 and 5; 349.18, subdivision 1; and 349.19 if:

 

      (1) the organization conducts lawful gambling on five or fewer days in a calendar year;

 

      (2) the organization does not award more than $50,000 in prizes for lawful gambling in a calendar year;

 

      (3) the organization pays a fee of $50 to the board, notifies the board in writing not less than 30 days before each lawful gambling occasion of the date and location of the occasion, or 60 days for an occasion held in the case of a city of the first class, the types of lawful gambling to be conducted, the prizes to be awarded, and receives an exemption identification number;

 

      (4) the organization notifies the local government unit 30 days before the lawful gambling occasion, or 60 days for an occasion held in a city of the first class;

 

      (5) the organization purchases all gambling equipment and supplies from a licensed distributor; and

 

      (6) the organization reports to the board, on a single-page form prescribed by the board, within 30 days of each gambling occasion, the gross receipts, prizes, expenses, expenditures of net profits from the occasion, and the identification of the licensed distributor from whom all gambling equipment was purchased.

 

      (b) If the organization fails to file a timely report as required by paragraph (a), clause (3) or (6), the board shall not issue any authorization, license, or permit to the organization to conduct lawful gambling on an exempt, excluded, or licensed basis until the report has been filed and the organization may be subject to penalty as determined by the board.

 

      (c) Merchandise prizes must be valued at their fair market value.

 

      (d) Organizations that qualify to conduct exempt raffles under paragraph (a), are exempt from section 349.173, paragraph (b), clause (2), if the raffle tickets are sold only in combination with an organization's membership or a ticket for an organization's membership dinner and are not included with any other raffle conducted under the exempt permit.


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                (e) Unused pull-tab and tipboard deals must be returned to the distributor within seven working days after the end of the lawful gambling occasion. The distributor must accept and pay a refund for all returns of unopened and undamaged deals returned under this paragraph.

 

      (e) (f) An organization that is exempt from taxation on purchases of pull-tabs and tipboards under section 297E.02, subdivision 4, paragraph (b), clause (4), must return to the distributor any tipboard or pull-tab deal no part of which is used at the lawful gambling occasion for which it was purchased by the organization.

 

      (f) (g) The organization must maintain all required records of exempt gambling activity for 3-1/2 years.

 

      Sec. 24. Minnesota Statutes 2004, section 349.167, subdivision 1, is amended to read:

 

      Subdivision 1. [GAMBLING MANAGER REQUIRED.] (a) All lawful gambling conducted by a licensed organization must be under the supervision of a gambling manager. A gambling manager designated by an organization to supervise lawful gambling is responsible for the gross receipts of the organization and for its conduct in compliance with all laws and rules. A person designated as a gambling manager shall maintain a fidelity dishonesty bond in the sum of $10,000 in favor of the organization conditioned on the faithful performance of the manager's duties. The terms of the bond must provide that notice be given to the board in writing not less than 30 days before its cancellation.

 

      (b) A person may not act as a gambling manager for more than one organization.

 

      (c) An organization may not conduct lawful gambling without having a gambling manager.

 

      (d) An organization may not have more than one gambling manager at any time.

 

      Sec. 25. Minnesota Statutes 2004, section 349.168, subdivision 8, is amended to read:

 

      Subd. 8. [PERCENTAGE OF GROSS PROFIT PAID.] (a) A licensed organization may pay a percentage of the gross profit from raffle ticket sales to a nonprofit organization that sells raffle tickets for the licensed organization.

 

      (b) A licensed organization may compensate an employee of the organization for the sale of gambling equipment at a bar operation if the frequency of the activity is one day or less per week and the games are limited to 32 chances or less per game. For purposes of this paragraph, an employee must not be a lessor, employee of the lessor, or an immediate family member of the lessor.

 

      Sec. 26. Minnesota Statutes 2004, section 349.17, subdivision 5, is amended to read:

 

      Subd. 5. [BINGO CARDS AND SHEETS.] (a) The board shall by rule require that all licensed organizations: (1) conduct bingo only using liquid daubers on bingo paper sheets that bear an individual number recorded by the distributor or linked bingo game provider; and (2) use each bingo paper sheet for no more than one bingo occasion. In lieu of the requirements of clause (2), a licensed organization may electronically record the sale of each bingo hard card or paper sheet at each bingo occasion using an electronic recording system approved by the board.

 

      (b) The requirements of paragraph (a) shall only apply to a licensed organization that received gross receipts from bingo in excess of $150,000 in the organization's last fiscal year.

 

      Sec. 27. Minnesota Statutes 2004, section 349.17, subdivision 7, is amended to read:

 

      Subd. 7. [NOON HOUR BAR BINGO.] Notwithstanding subdivisions 1 and 3, An organization may conduct bar bingo subject to the following restrictions:


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                (1) the bingo is conducted only between the hours of 11:00 a.m. and 2:00 p.m.;

 

      (2) the bingo is conducted at a site the organization owns or leases and which has a license for the sale of intoxicating beverages on the premises under chapter 340A;

 

      (3) the bingo is limited to one progressive bingo game per site as defined by section 349.211, subdivision 2;

 

      (4) (2) the bingo is conducted using only bingo paper sheets purchased from a licensed distributor;

 

      (5) if the premises are leased, the (3) no rent may not exceed $25 per day for each day bingo is conducted be paid for a bar bingo occasion; and

 

      (6) (4) linked bingo games may not be conducted at a noon hour bar bingo occasion.

 

      Sec. 28. Minnesota Statutes 2004, section 349.1711, subdivision 1, is amended to read:

 

      Subdivision 1. [SALE OF TICKETS.] Tipboard games must be played using only tipboard tickets that are either (1) attached to a placard and arranged in columns or rows, or (2) separate from the placard and contained in a receptacle while the game is in play. The placard serves as the game flare. The placard must contain a seal that conceals the winning number or symbol. When a tipboard ticket is purchased and opened from a game containing more than 32 tickets, each player having a tipboard ticket with one or more predesignated numbers or symbols must sign the placard at the line indicated by the number or symbol on the tipboard ticket.

 

      Sec. 29. Minnesota Statutes 2004, section 349.173, is amended to read:

 

      349.173 [CONDUCT OF RAFFLES.]

 

      (a) Raffle tickets or certificates of participation at a minimum must list the three most expensive prizes to be awarded. If additional prizes will be awarded that are not contained on the raffle ticket, the raffle ticket must contain the statement "A complete list of additional prizes is available upon request.", a complete list of additional prizes must be publicly posted at the event and copies of the complete prize list made available upon request. Notwithstanding section 349.12, subdivision 33, raffles conducted under the exemptions in section 349.166 may use tickets that contain only the sequential number of the raffle ticket and no other information if the organization makes a list of prizes and a statement of other relevant information required by rule available to persons purchasing tickets and if tickets are only sold at the event and on the date when the tickets are drawn.

 

      (b) Raffles must be conducted in a manner that ensures:

 

      (1) all entries in the raffle have an equal chance of selection;

 

      (2) entry in the raffle is not conditioned upon any other purchase;

 

      (3) the method of selection is conducted in a public forum;

 

      (4) the method of selection cannot be manipulated or based on the outcome of an event not under the control of the organization;

 

      (5) physical presence at the raffle is not a requirement to win; and

 

      (6) all sold and unsold tickets or certificates of participation are accounted for.


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                (c) Methods of selecting winning entries from a raffle other than prescribed in rule may be used with the prior written approval of the board.

 

      [EFFECTIVE DATE.] This section is effective the day following final enactment.

 

      Sec. 30. Minnesota Statutes 2004, section 349.18, subdivision 1, is amended to read:

 

      Subdivision 1. [LEASE OR OWNERSHIP REQUIRED; RENT LIMITATIONS.] (a) An organization may conduct lawful gambling only on premises it owns or leases. Leases must be on a form prescribed by the board. Except for leases entered into before August 1, 1994, the term of the lease may not begin before the effective date of the premises permit and must expire on the same day that the premises permit expires. Leases approved by the board must specify that the board may authorize an organization to withhold rent from a lessor for a period of up to 90 days if the board determines that illegal gambling occurred on the premises and that the lessor or its employees participated in the illegal gambling or knew of the gambling and did not take prompt action to stop the gambling. The lease must authorize the continued tenancy of the organization without the payment of rent during the time period determined by the board under this paragraph. Copies of all leases must be made available to employees of the board and the Division of Alcohol and Gambling Enforcement on request. The board may prescribe by rule limits on the amount of rent which an organization may pay to a lessor for premises leased for bingo. Any rule adopted by the board limiting the amount of rent to be paid may only be effective for leases entered into, or renewed, after the effective date of the rule.

 

      (b) Rent paid by an organization for leased premises for the conduct of pull-tabs, tipboards, and paddlewheels is subject to the following limits:

 

      (1) for booth operations, including booth operations where a pull-tab dispensing device is located, booth operations where a bar operation is also conducted, and booth operations where both a pull-tab dispensing device is located and a bar operation is also conducted, the maximum rent is:

 

      (i) in any month where the organization's gross profit at those premises does not exceed $4,000, up to $400; and

 

      (ii) in any month where the organization's gross profit at those premises exceeds $4,000, up to $400 plus not more than ten percent of the gross profit for that month in excess of $4,000;

 

      (2) for bar operations, including bar operations where a pull-tab dispensing device is located but not including bar operations subject to clause (1), and for locations where only a pull-tab dispensing device is located:

 

      (i) in any month where the organization's gross profit at those premises does not exceed $1,000, up to $200; and

 

      (ii) in any month where the organization's gross profit at those premises exceeds $1,000, up to $200 plus not more than 20 percent of the gross profit for that month in excess of $1,000;

 

      (3) a lease not governed by clauses (1) and (2) must be approved by the board before becoming effective;

 

      (4) total rent paid to a lessor from all organizations from leases governed by clause (1) may not exceed $1,750 per month. Total rent paid to a lessor from all organizations from leases governed by clause (2) may not exceed $2,500 per month.

 

      (c) Rent paid by an organization for leased premises for the conduct of bingo is subject to either of the following limits at the option of the parties to the lease:


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                (1) not more than ten percent of the monthly gross profit from all lawful gambling activities held during bingo occasions excluding bar bingo or at a rate based on a cost per square foot not to exceed 110 percent of a comparable cost per square foot for leased space as approved by the director; and

 

      (2) no rent may be paid for bar bingo.

 

      (d) Amounts paid as rent under leases are all-inclusive. No other services or expenses provided or contracted by the lessor may be paid by the organization, including, but not limited to, trash removal, janitorial and cleaning services, snow removal, lawn services, electricity, heat, security, security monitoring, storage, other utilities or services, and, in the case of bar operations, cash shortages, unless approved by the director. Any other expenditure made by an organization that is related to a leased premises must be approved by the director. An organization may not provide any compensation or thing of value to a lessor or the lessor's employees from any fund source other than its gambling account. Rent payments may not be made to an individual.

 

      (d) (e) Notwithstanding paragraph (b), an organization may pay a lessor for food or beverages or meeting room rental if the charge made is comparable to similar charges made to other individuals or groups.

 

      (e) (f) No person, distributor, manufacturer, lessor, linked bingo game provider, or organization other than the licensed organization leasing the space may conduct any activity other than the sale or serving of food and beverages on the leased premises during times when lawful gambling is being conducted on the premises.

 

      (f) (g) At a site where the leased premises consists of an area on or behind a bar at which alcoholic beverages are sold and employees of the lessor are employed by the organization as pull-tab sellers at the site, pull-tabs and tipboard tickets may be sold and redeemed by those employees at any place on or behind the bar, but the tipboards and receptacles for pull-tabs and cash drawers for lawful gambling receipts must be maintained only within the leased premises.

 

      (g) (h) Employees of a lessor or employees of an organization may participate in lawful gambling on the premises provided (1) if pull-tabs or tipboards are sold, the organization voluntarily posts, or is required to post, the major prizes as specified in section 349.172; and (2) any employee of the lessor participating in lawful gambling is not a gambling employee for the organization conducting lawful gambling on the premises.

 

      (h) (i) A gambling employee may purchase pull-tabs or tipboards at the site of the employee's place of employment provided:

 

      (1) the organization voluntarily posts, or is required to post, the major prizes for pull-tab or tipboard games as specified in section 349.172; and

 

      (2) the employee is not involved in the sale of pull-tabs or tipboards at that site.

 

      (i) (j) At a leased site where an organization uses a paddlewheel consisting of 30 numbers or less or a tipboard consisting of 30 tickets or less, tickets may be sold throughout the permitted premises, but winning tickets must be redeemed, the paddlewheel must be located, and the tipboard seal must be opened within the leased premises.

 

      (j) (k) A member of the lessor's immediate family may not be a compensated employee of an organization leasing space at the premises. For purposes of this paragraph, a "member of the immediate family" is a spouse, parent, child, or sibling.


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                Sec. 31. Minnesota Statutes 2004, section 349.19, subdivision 4, is amended to read:

 

      Subd. 4. [DISCREPANCIES.] If at a bingo occasion a discrepancy of more than $20 $50 is found between the gross receipts as reported by the checkers and the gross receipts determined by adding the cash receipts, the discrepancy must be reported to the board within five days of the bingo occasion.

 

      Sec. 32. Minnesota Statutes 2004, section 349.19, subdivision 5, is amended to read:

 

      Subd. 5. [REPORTS.] A licensed organization must report to the Department of Revenue and to its membership monthly, or quarterly in the case of a licensed organization which does not report more than $1,000 in gross receipts from lawful gambling in any calendar quarter, on its gross receipts, expenses, profits, and expenditure of profits from lawful gambling. The report must include a reconciliation of the organization's profit carryover with its cash balance on hand. If the organization conducts both bingo and other forms of lawful gambling, the figures for both must be reported separately. The organization must report annually to its membership and annually file with the board a financial summary report in a format prescribed by the board that identifies the organization's receipts and use of lawful gambling proceeds, including:

 

      (1) gross receipts;

 

      (2) prizes paid;

 

      (3) allowable expenses;

 

      (4) lawful purpose expenditures, including annual totals for types of charitable contributions and all taxes and fees as per section 349.12, subdivision 25, paragraph (a), clauses (8) and (18);

 

      (5) the percentage of annual gross profits used for charitable contributions; and

 

      (6) the percentage of annual gross profits used for all taxes and fees as per section 349.12, subdivision 25, paragraph (a), clauses (8) and (18).

 

      Sec. 33. Minnesota Statutes 2004, section 349.19, subdivision 10, is amended to read:

 

      Subd. 10. [PULL-TAB RECORDS.] (a) The board shall by rule require a licensed organization to require each winner of a pull-tab prize of $50 or more to present identification in the form of a driver's license, Minnesota identification card, or other identification the board deems sufficient to allow the identification and tracing of the winner. The rule must require the organization to retain winning pull-tabs of $50 or more, and the identification of the winner of the pull-tab, for 3-1/2 years.

 

      (b) An organization must maintain separate cash banks for each deal of pull-tabs unless (1) two or more deals are commingled in a single receptacle pull-tab dispensing device, or (2) the organization uses a cash register, of a type approved by the board, which records all sales of pull-tabs by separate deals.

 

      (c) The board shall:

 

      (1) by rule adopt minimum technical standards for cash registers that may be used by organizations, and shall approve for use by organizations any cash register that meets the standards,; and

 

      (2) before allowing an organization to use a cash register that commingles receipts from several different pull-tab games in play, adopt rules that define how cash registers may be used and that establish a procedure for organizations to reconcile all pull-tab games in play at the end of each month.


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                Sec. 34. Minnesota Statutes 2004, section 349.211, subdivision 2c, is amended to read:

 

      Subd. 2c. [TIPBOARD PRIZES.] The maximum prize which may be awarded for a tipboard ticket is $500 $599, not including any cumulative or carryover prizes. Cumulative or carryover prizes in tipboard games shall not exceed $2,500.

 

      Sec. 35. Minnesota Statutes 2004, section 349.2125, subdivision 1, is amended to read:

 

      Subdivision 1. [CONTRABAND DEFINED.] The following are contraband:

 

      (1) all pull-tab or tipboard deals or paddleticket cards not stamped or bar coded in accordance with this chapter or chapter 297E;

 

      (2) all pull-tab or tipboard deals in the possession of any unlicensed person, firm, or organization, whether stamped or unstamped;

 

      (3) any container used for the storage and display of any contraband pull-tab or tipboard deals as defined in clauses (1) and (2);

 

      (4) all currency, checks, and other things of value used for pull-tab or tipboard transactions not expressly permitted under this chapter, and any cash drawer, cash register, or any other container used for illegal pull-tab or tipboard transactions including its contents;

 

      (5) any device including, but not limited to, motor vehicles, trailers, snowmobiles, airplanes, and boats used, with the knowledge of the owner or of a person operating with the consent of the owner, for the storage or transportation of more than five pull-tab or tipboard deals that are contraband under this subdivision. When pull-tabs and tipboards are being transported in the course of interstate commerce between locations outside this state, the pull-tab and tipboard deals are not contraband, notwithstanding the provisions of clauses (1) and (12);

 

      (6) any unaffixed registration stamps except as provided in section 349.162, subdivision 4;

 

      (7) any prize used or offered in a game utilizing contraband as defined in this subdivision;

 

      (8) any altered, modified, or counterfeit pull-tab or tipboard ticket;

 

      (9) any unregistered gambling equipment except as permitted by this chapter;

 

      (10) any gambling equipment kept in violation of section 349.18;

 

      (11) any gambling equipment not in conformity with law or board rule;

 

      (12) any pull-tab or tipboard deal in the possession of a person other than a licensed distributor or licensed manufacturer for which the person, upon demand of a licensed peace officer or authorized agent of the commissioner of revenue or director of alcohol and gambling enforcement, does not immediately produce for inspection the invoice or a true and correct copy of the invoice for the acquisition of the deal from a licensed distributor;

 

      (13) any pull-tab or tipboard deals or portions of deals on which the tax imposed under chapter 297E has not been paid; and

 

      (14) any device prohibited by section 609.76, subdivisions 4 to 6.


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                Sec. 36. Minnesota Statutes 2004, section 349.213, is amended to read:

 

      349.213 [LOCAL AUTHORITY.]

 

      Subdivision 1. [LOCAL REGULATION.] (a) A statutory or home rule city or county has the authority to adopt more stringent regulation of lawful gambling within its jurisdiction, including the prohibition of lawful gambling, and may require a permit for the conduct of gambling exempt from licensing under section 349.166. The fee for a permit issued under this subdivision may not exceed $100. The authority granted by this subdivision does not include the authority to require a license or permit to conduct gambling by organizations or sales by distributors or linked bingo game providers licensed by the board. The authority granted by this subdivision does not include the authority to require an organization to make specific expenditures of more than ten percent per year from its net profits derived from lawful gambling. For the purposes of this subdivision, net profits are gross profits less amounts expended for allowable expenses and paid in taxes assessed on lawful gambling. A statutory or home rule charter city or a county may not require an organization conducting lawful gambling within its jurisdiction to make an expenditure to the city or county as a condition to operate within that city or county, except as authorized under section 349.16, subdivision 8, or 297E.02; provided, however, that an ordinance requirement that such organizations must contribute ten percent per year of their net profits derived from lawful gambling conducted at premises within the city's or county's jurisdiction to a fund administered and regulated by the responsible local unit of government without cost to such fund, for disbursement by the responsible local unit of government of the receipts for (i) lawful purposes, or (ii) police, fire, and other emergency or public safety-related services, equipment, and training, excluding pension obligations, is not considered an expenditure to the city or county nor a tax under section 297E.02, and is valid and lawful. A city or county making expenditures authorized under this paragraph must by March 15 of each year file a report with the board, on a form the board prescribes, that lists all such revenues collected and expenditures for the previous calendar year.

 

      (b) A statutory or home rule city or county may by ordinance require that a licensed organization conducting lawful gambling within its jurisdiction expend all or a portion of its expenditures for lawful purposes on lawful purposes conducted or located within the city's or county's trade area. Such an ordinance must be limited to lawful purpose expenditures of gross profits derived from lawful gambling conducted at premises within the city's or county's jurisdiction, must define the city's or county's trade area, and must specify the percentage of lawful purpose expenditures which must be expended within the trade area. A trade area defined by a city under this subdivision must include each city and township contiguous to the defining city.

 

      (c) A more stringent regulation or prohibition of lawful gambling adopted by a political subdivision under this subdivision must apply equally to all forms of lawful gambling within the jurisdiction of the political subdivision, except a political subdivision may prohibit the use of paddlewheels.

 

      Subd. 2. [LOCAL APPROVAL.] Before issuing or renewing a premises permit or bingo hall license, the board must notify the city council of the statutory or home rule city in which the organization's premises or the bingo hall is located or, if the premises or hall is located outside a city, the county board of the county and the town board of the town where the premises or hall is located. The board may require organizations or bingo halls to notify the appropriate local government at the time of application. This required notification is sufficient to constitute the notice required by this subdivision. The board may not issue or renew a premises permit or bingo hall license unless the organization submits a resolution from the city council or county board approving the premises permit or bingo hall license. The resolution must have been adopted within 90 days of the date of application for the new or renewed permit or license.

 

      Subd. 3. [LOCAL GAMBLING TAX.] A statutory or home rule charter city that has one or more licensed organizations operating lawful gambling, and a county that has one or more licensed organizations outside incorporated areas operating lawful gambling, may impose a local gambling tax on each licensed organization within the city's or county's jurisdiction. The tax may be imposed only if the amount to be received by the city or


Journal of the House - 66th Day - Monday, May 23, 2005 - Top of Page 4974


county is necessary to cover the costs incurred by the city or county to regulate lawful gambling. The tax imposed by this subdivision may not exceed three percent per year of the gross receipts of a licensed organization from all lawful gambling less prizes actually paid out by the organization. A city or county may not use money collected under this subdivision for any purpose other than to regulate lawful gambling. All documents pertaining to site inspections, fines, penalties, or other corrective action involving local lawful gambling regulation must be shared with the board within 30 days of filing at the city or county of jurisdiction. A tax imposed under this subdivision is in lieu of all other local taxes and local investigation fees on lawful gambling. A city or county that imposes a tax under this subdivision shall annually, by March 15, file a report with the board in a form prescribed by the board showing (1) the amount of revenue produced by the tax during the preceding calendar year, and (2) the use of the proceeds of the tax.

 

      Sec. 37. Minnesota Statutes 2004, section 609.75, subdivision 1, is amended to read:

 

      Subdivision 1. [LOTTERY.] (a) A lottery is a plan which provides for the distribution of money, property or other reward or benefit to persons selected by chance from among participants some or all of whom have given a consideration for the chance of being selected. A participant's payment for use of a 900 telephone number or another means of communication that results in payment to the sponsor of the plan constitutes consideration under this paragraph.

 

      (b) An in-package chance promotion is not a lottery if all of the following are met:

 

      (1) participation is available, free and without purchase of the package, from the retailer or by mail or toll-free telephone request to the sponsor for entry or for a game piece;

 

      (2) the label of the promotional package and any related advertising clearly states any method of participation and the scheduled termination date of the promotion;

 

      (3) the sponsor on request provides a retailer with a supply of entry forms or game pieces adequate to permit free participation in the promotion by the retailer's customers;

 

      (4) the sponsor does not misrepresent a participant's chances of winning any prize;

 

      (5) the sponsor randomly distributes all game pieces and maintains records of random distribution for at least one year after the termination date of the promotion;

 

      (6) all prizes are randomly awarded if game pieces are not used in the promotion; and

 

      (7) the sponsor provides on request of a state agency a record of the names and addresses of all winners of prizes valued at $100 or more, if the request is made within one year after the termination date of the promotion.

 

      (c) Except as provided by section 349.40, acts in this state in furtherance of a lottery conducted outside of this state are included notwithstanding its validity where conducted.

 

      (d) The distribution of property, or other reward or benefit by an employer to persons selected by chance from among participants who, all of whom:

 

      (1) have made a contribution through a payroll or pension deduction campaign to a registered combined charitable organization, within the meaning of section 309.501; or

 

      (2) have paid other consideration to the employer entirely for the benefit of such a registered combined charitable organization, as a precondition to the chance of being selected, is not a lottery if:


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                (1) (i) all of the persons eligible to be selected are employed by or retirees of the employer; and

 

      (2) (ii) the cost of the property or other reward or benefit distributed and all costs associated with the distribution are borne by the employer.

 

      Sec. 38. [REPEALER.]

 

      Minnesota Statutes 2004, sections 349.162, subdivision 3; 349.164; and 349.17, subdivision 1, are repealed.

 

ARTICLE 2

 

LOTTERY SERVICE BUSINESS

 

      Section 1. [299L.09] [LOTTERY SERVICE BUSINESS.]

 

      Subdivision 1. [DEFINITION.] For purposes of this section:

 

      (a) A "lottery service business" is a commercial enterprise that for a fee or commission purchases lottery tickets on behalf of customers or subscribers.

 

      (b) "Division" means the Division of Alcohol and Gambling Enforcement in the Department of Public Safety.

 

      (c) "Commissioner" means the commissioner of public safety acting through the division.

 

      (d) "Disqualifying offense" means any felony, gross misdemeanor, and any criminal offense involving fraud, misrepresentation, or deceit.

 

      Subd. 2. [REQUIRED STATEMENTS.] (a) All print advertising in any medium published by or on behalf of a lottery service business, and all print communications intended to solicit members, including Internet solicitations, for each lottery pool or subscription service offered, must contain a clear and prominent statement that discloses to the subscriber, either in print or in electronic format, a statement that describes how much of each subscriber's fees are used to buy tickets.

 

      (b) All advertising and solicitation described in paragraph (a) must contain the following statement in clear and readable type: "This business is not affiliated with and is not an agent of the Minnesota State Lottery."

 

      Subd. 3. [PROHIBITIONS.] (a) A lottery service business may not accept as a customer or subscriber any person under age 18, or make a payment of lottery winnings to a person under age 18.

 

      (b) Except as necessary for the lottery service business to fill a pool, a lottery service business and any officer, director, or employee of the business may not have any stake or own any shares in any lottery pool it creates for customers or subscribers.

 

      Subd. 4. [LOTTERY PRIZE ACCOUNT.] A lottery service business must deposit all money received as winnings from lottery tickets bought for or on behalf of customers or subscribers into a lottery prize account that it maintains separately from all other accounts of the business. The business may expend money from the account, including interest thereon, only to pay winnings to customers or subscribers and to make payments required under subdivision 5.

 

      Subd. 5. [UNCLAIMED PRIZES.] (a) A lottery service business must make all good-faith efforts to distribute money in its lottery prize account to customers and subscribers entitled thereto.


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                (b) Any prizewinning money deposited in the lottery prize account that has not been distributed to customers or subscribers as winnings within one year after the date of the drawing becomes an unclaimed prize. On July 1 of each year, a lottery service business must transmit all unclaimed prizes, including all interest earned thereon while the prize was in the lottery prize account, to the commissioner. The commissioner shall deposit all payments under this subdivision in the general fund. This subdivision does not apply if the amount of prizewinning money in the account is less than $25.

 

      Subd. 6. [BOOKS AND RECORDS.] A lottery service business must keep a complete accounting and all records necessary to show fully the lottery service business's lottery transactions, including incoming revenue, tickets purchased, and winnings distributed.

 

      [EFFECTIVE DATE.] This section is effective August 1, 2005.

 

ARTICLE 3

 

VIDEO GAME OF CHANCE

 

      Section 1. Minnesota Statutes 2004, section 609.75, subdivision 8, is amended to read:

 

      Subd. 8. [VIDEO GAME OF CHANCE.] A video game of chance is a game or device that simulates one or more games commonly referred to as poker, blackjack, craps, hi-lo, roulette, or other common gambling forms, though not offering any type of pecuniary award or gain to players. The term also includes any video game having one or more of the following characteristics:

 

      (1) it is primarily a game of chance, and has no substantial elements of skill involved;

 

      (2) it awards game credits or replays and contains a meter or device that records unplayed credits or replays. A video game that simulates horse racing that does not involve a prize payout is not a video game of chance.

 

      [EFFECTIVE DATE.] This section is effective the day following final enactment.

 

ARTICLE 4

 

SOCIAL SKILL GAME

 

      Section 1. Minnesota Statutes 2004, section 609.761, subdivision 3, is amended to read:

 

      Subd. 3. [SOCIAL SKILL GAME.] Sections 609.755 and 609.76 do not prohibit tournaments or contests that satisfy all of the following requirements:

 

      (1) the tournament or contest consists of the card games of chance commonly known as cribbage, skat, sheephead, bridge, euchre, pinochle, gin, 500, smear, Texas hold'em, or whist;

 

      (2) the tournament or contest does not provide any direct financial benefit to the promoter or organizer; and

 

      (3) the sum value of all prizes awarded for each tournament or contest does not exceed $200; and

 

      (4) for a tournament or contest involving Texas hold'em:

 

      (i) no person under 18 years of age may participate;


Journal of the House - 66th Day - Monday, May 23, 2005 - Top of Page 4977


                (ii) the payment of an entry fee or other consideration for participating is prohibited;

 

      (iii) the value of all prizes awarded to an individual winner of a tournament or contest at a single location may not exceed $200 each day; and

 

      (iv) the organizer or promoter must ensure that reasonable accommodations are made for players with disabilities. Accommodations to the table and the cards shall include the announcement of the cards visible to the entire table and the use of Braille cards for players who are blind.

 

      [EFFECTIVE DATE.] This section is effective the day following final enactment and applies to acts committed on or after that date."

 

      Delete the title and insert:

 

      "A bill for an act relating to gambling; amending various provisions relating to lawful gambling; amending and providing definitions; making technical, clarifying, and conforming changes; providing for electronic bingo; regulating lottery service businesses; authorizing certain video games of chance and social skill games; amending Minnesota Statutes 2004, sections 349.12, subdivisions 5, 25, 33, by adding subdivisions; 349.15, subdivision 1; 349.151, subdivisions 4, 4b, by adding a subdivision; 349.152, subdivision 2; 349.153; 349.155, subdivision 3; 349.16, subdivisions 2, 8; 349.161, subdivision 5; 349.162, subdivisions 1, 4, 5; 349.163, subdivision 3; 349.1635, subdivision 4; 349.166, subdivisions 1, 2; 349.167, subdivision 1; 349.168, subdivision 8; 349.17, subdivisions 5, 7; 349.1711, subdivision 1; 349.173; 349.18, subdivision 1; 349.19, subdivisions 4, 5, 10; 349.211, subdivision 2c; 349.2125, subdivision 1; 349.213; 609.75, subdivisions 1, 8; 609.761, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 299L; repealing Minnesota Statutes 2004, sections 349.162, subdivision 3; 349.164; 349.17, subdivision 1."

 

 

      We request adoption of this report and repassage of the bill.

 

      Senate Conferees: Ann H. Rest, Jim Vickerman and Dave Kleis.

 

      House Conferees: Tom Hackbarth, Andrew Westerberg and Paul Thissen.

 

 

      Hackbarth moved that the report of the Conference Committee on S. F. No. 1555 be adopted and that the bill be repassed as amended by the Conference Committee. The motion prevailed.

 

 

      S. F. No. 1555, A bill for an act relating to gambling; amending various provisions relating to lawful gambling; amending and providing definitions; making technical, clarifying, and conforming changes; amending Minnesota Statutes 2004, sections 349.12, subdivisions 5, 25, 33, by adding subdivisions; 349.15, subdivision 1; 349.151, subdivisions 4, 4b; 349.152, subdivision 2; 349.153; 349.155, subdivision 3; 349.16, subdivisions 2, 8; 349.161, subdivision 5; 349.162, subdivisions 1, 4, 5; 349.163, subdivision 3; 349.1635, subdivision 4; 349.166, subdivisions 1, 2; 349.167, subdivision 1; 349.168, subdivision 8; 349.17, subdivisions 5, 7; 349.1711, subdivision 1; 349.173; 349.18, subdivision 1; 349.19, subdivisions 4, 5, 10; 349.211, subdivision 2c; 349.2125, subdivision 1; 349.213; 609.75, subdivision 1; repealing Minnesota Statutes 2004, sections 349.162, subdivision 3; 349.164; 349.17, subdivision 1.

 

 

      The bill was read for the third time, as amended by Conference, and placed upon its repassage.


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                The question was taken on the repassage of the bill and the roll was called. There were 114 yeas and 20 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Abrams

Anderson, I.

Atkins

Beard

Bernardy

Blaine

Bradley

Brod

Buesgens

Carlson

Charron

Cornish

Cox

Cybart

Davids

Dean

DeLaForest

Demmer

Dempsey

Dill

Dittrich

Dorman

Dorn

Eastlund

Eken

Emmer

Entenza

Erhardt

Erickson

Finstad

Fritz

Garofalo

Gazelka

Goodwin

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Heidgerken

Hilstrom

Hilty

Hoppe

Hortman

Hosch

Howes

Huntley

Jaros

Johnson, J.

Johnson, R.

Johnson, S.

Juhnke

Klinzing

Knoblach

Kohls

Krinkie

Lanning

Larson

Latz

Lesch

Liebling

Lieder

Lillie

Loeffler

Magnus

Mahoney

Mariani

Marquart

McNamara

Meslow

Moe

Murphy

Nelson, M.

Nelson, P.

Newman

Nornes

Opatz

Otremba

Ozment

Paulsen

Pelowski

Penas

Peppin

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Rukavina

Ruth

Ruud

Sailer

Samuelson

Scalze

Seifert

Sertich

Severson

Simon

Simpson

Smith

Soderstrom

Solberg

Sykora

Thao

Thissen

Tingelstad

Vandeveer

Wardlow

Welti

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

      Those who voted in the negative were:

 


Anderson, B.

Clark

Davnie

Ellison

Hausman

Holberg

Hornstein

Kahn

Kelliher

Koenen

Lenczewski

Mullery

Olson

Paymar

Powell

Sieben

Slawik

Urdahl

Wagenius

Walker


 

 

      The bill was repassed, as amended by Conference, and its title agreed to.

 

 

Mr. Speaker:

 

      I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:

 

      S. F. No. 630.

 

      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. 630

 

      A bill for an act relating to civil law; increasing fees related to marriage and child support; reforming law relating to child support; establishing criteria for support obligations; defining parents' rights and responsibilities; appropriating money; amending Minnesota Statutes 2004, sections 357.021, subdivisions 1a, 2; 518.005, by adding


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a subdivision; 518.54; 518.55, subdivision 4; 518.551, subdivisions 5, 5b; 518.62; 518.64, subdivision 2, by adding subdivisions; 518.68, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 518; repealing Minnesota Statutes 2004, sections 518.171; 518.54, subdivisions 2, 4, 4a; 518.551, subdivisions 1, 5a, 5c, 5f.

 

May 23, 2005

 

The Honorable James P. Metzen

President of the Senate

 

The Honorable Steve Sviggum

Speaker of the House of Representatives

 

      We, the undersigned conferees for S. F. No. 630, 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. 630 be further amended as follows:

 

      Delete everything after the enacting clause and insert:

 

      "Section 1. Minnesota Statutes 2004, section 357.021, subdivision 1a, is amended to read:

 

      Subd. 1a. [TRANSMITTAL OF FEES TO COMMISSIONER OF FINANCE.] (a) Every person, including the state of Minnesota and all bodies politic and corporate, who shall transact any business in the district court, shall pay to the court administrator of said court the sundry fees prescribed in subdivision 2. Except as provided in paragraph (d), the court administrator shall transmit the fees monthly to the commissioner of finance for deposit in the state treasury and credit to the general fund.

 

      (b) In a county which has a screener-collector position, fees paid by a county pursuant to this subdivision shall be transmitted monthly to the county treasurer, who shall apply the fees first to reimburse the county for the amount of the salary paid for the screener-collector position. The balance of the fees collected shall then be forwarded to the commissioner of finance for deposit in the state treasury and credited to the general fund. In a county in a judicial district under section 480.181, subdivision 1, paragraph (b), which has a screener-collector position, the fees paid by a county shall be transmitted monthly to the commissioner of finance for deposit in the state treasury and credited to the general fund. A screener-collector position for purposes of this paragraph is an employee whose function is to increase the collection of fines and to review the incomes of potential clients of the public defender, in order to verify eligibility for that service.

 

      (c) No fee is required under this section from the public authority or the party the public authority represents in an action for:

 

      (1) child support enforcement or modification, medical assistance enforcement, or establishment of parentage in the district court, or in a proceeding under section 484.702;

 

      (2) civil commitment under chapter 253B;

 

      (3) the appointment of a public conservator or public guardian or any other action under chapters 252A and 525;

 

      (4) wrongfully obtaining public assistance under section 256.98 or 256D.07, or recovery of overpayments of public assistance;

 

      (5) court relief under chapter 260;


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                (6) forfeiture of property under sections 169A.63 and 609.531 to 609.5317;

 

      (7) recovery of amounts issued by political subdivisions or public institutions under sections 246.52, 252.27, 256.045, 256.25, 256.87, 256B.042, 256B.14, 256B.15, 256B.37, 260B.331, and 260C.331, or other sections referring to other forms of public assistance;

 

      (8) restitution under section 611A.04; or

 

      (9) actions seeking monetary relief in favor of the state pursuant to section 16D.14, subdivision 5.

 

      (d) The fees $20 from each fee collected for child support modifications under subdivision 2, clause (13), must be transmitted to the county treasurer for deposit in the county general fund and $35 from each fee shall be credited to the state general fund. The fees must be used by the county to pay for child support enforcement efforts by county attorneys.

 

      Sec. 2. Minnesota Statutes 2004, section 357.021, subdivision 2, is amended to read:

 

      Subd. 2. [FEE AMOUNTS.] The fees to be charged and collected by the court administrator shall be as follows:

 

      (1) In every civil action or proceeding in said court, including any case arising under the tax laws of the state that could be transferred or appealed to the Tax Court, the plaintiff, petitioner, or other moving party shall pay, when the first paper is filed for that party in said action, a fee of $235.

 

      The defendant or other adverse or intervening party, or any one or more of several defendants or other adverse or intervening parties appearing separately from the others, shall pay, when the first paper is filed for that party in said action, a fee of $235.

 

      The party requesting a trial by jury shall pay $75.

 

      The fees above stated shall be the full trial fee chargeable to said parties irrespective of whether trial be to the court alone, to the court and jury, or disposed of without trial, and shall include the entry of judgment in the action, but does not include copies or certified copies of any papers so filed or proceedings under chapter 103E, except the provisions therein as to appeals.

 

      (2) Certified copy of any instrument from a civil or criminal proceeding, $10, and $5 for an uncertified copy.

 

      (3) Issuing a subpoena, $12 for each name.

 

      (4) Filing a motion or response to a motion in civil, family, excluding child support, and guardianship cases, $55.

 

      (5) Issuing an execution and filing the return thereof; issuing a writ of attachment, injunction, habeas corpus, mandamus, quo warranto, certiorari, or other writs not specifically mentioned, $40.

 

      (6) Issuing a transcript of judgment, or for filing and docketing a transcript of judgment from another court, $30.

 

      (7) Filing and entering a satisfaction of judgment, partial satisfaction, or assignment of judgment, $5.

 

      (8) Certificate as to existence or nonexistence of judgments docketed, $5 for each name certified to.

 

      (9) Filing and indexing trade name; or recording basic science certificate; or recording certificate of physicians, osteopaths, chiropractors, veterinarians, or optometrists, $5.


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                (10) For the filing of each partial, final, or annual account in all trusteeships, $40.

 

      (11) For the deposit of a will, $20.

 

      (12) For recording notary commission, $100, of which, notwithstanding subdivision 1a, paragraph (b), $80 must be forwarded to the commissioner of finance to be deposited in the state treasury and credited to the general fund.

 

      (13) Filing a motion or response to a motion for modification of child support, a fee fixed by rule or order of the Supreme Court of $55.

 

      (14) All other services required by law for which no fee is provided, such fee as compares favorably with those herein provided, or such as may be fixed by rule or order of the court.

 

      (15) In addition to any other filing fees under this chapter, a surcharge in the amount of $75 must be assessed in accordance with section 259.52, subdivision 14, for each adoption petition filed in district court to fund the fathers' adoption registry under section 259.52.

 

      The fees in clauses (3) and (5) need not be paid by a public authority or the party the public authority represents.

 

      Sec. 3. Minnesota Statutes 2004, section 518.005, is amended by adding a subdivision to read:

 

      Subd. 6. [FILING FEE.] The initial pleading filed in all proceedings for dissolution of marriage, legal separation, or annulment or proceedings to establish child support obligations shall be accompanied by a filing fee of $50. The fee is in addition to any other prescribed by law or rule.

 

      Sec. 4. [518.1781] [SIX-MONTH REVIEW.]

 

      (a) A request for a six-month review hearing form must be attached to a decree of dissolution or legal separation or an order that initially establishes child custody, parenting time, or support rights and obligations of parents. The state court administrator is requested to prepare the request for review hearing form. The form must include information regarding the procedures for requesting a hearing, the purpose of the hearing, and any other information regarding a hearing under this section that the state court administrator deems necessary.

 

      (b) The six-month review hearing shall be held if any party submits a written request for a hearing within six months after entry of a decree of dissolution or legal separation or order that establishes child custody, parenting time, or support.

 

      (c) Upon receipt of a completed request for hearing form, the court administrator shall provide notice of the hearing to all other parties and the public authority. The court administrator shall schedule the six-month review hearing as soon as practicable following the receipt of the hearing request form.

 

      (d) At the six-month hearing, the court must review:

 

      (1) whether child support is current; and

 

      (2) whether both parties are complying with the parenting time provisions of the order.

 

      (e) At the six-month hearing, the obligor has the burden to present evidence to establish that child support payments are current. A party may request that the public authority provide information to the parties and court regarding child support payments. A party must request the information from the public authority at least 14 days before the hearing. The commissioner of human services must develop a form to be used by the public authority to submit child support payment information to the parties and court.


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                (f) Contempt of court and all statutory remedies for child support and parenting time enforcement may be imposed by the court at the six-month hearing for noncompliance by either party pursuant to chapters 517C and 588 and the Minnesota Court Rules.

 

      (g) A request for a six-month review hearing form must be attached to a decree or order that initially establishes child support rights and obligations according to section 517A.29.

 

      Sec. 5. Minnesota Statutes 2004, section 518.54, is amended to read:

 

      518.54 [DEFINITIONS.]

 

      Subdivision 1. [TERMS.] For the purposes of sections 518.54 to 518.66 518.773, the terms defined in this section shall have the meanings respectively ascribed to them.

 

      Subd. 2. [CHILD.] "Child" means an individual under 18 years of age, an individual under age 20 who is still attending secondary school, or an individual who, by reason of physical or mental condition, is incapable of self-support.

 

      Subd. 2a. [DEPOSIT ACCOUNT.] "Deposit account" means funds deposited with a financial institution in the form of a savings account, checking account, NOW account, or demand deposit account.

 

      Subd. 2b. [FINANCIAL INSTITUTION.] "Financial institution" means a savings association, bank, trust company, credit union, industrial loan and thrift company, bank and trust company, or savings association, and includes a branch or detached facility of a financial institution.

 

      Subd. 3. [MAINTENANCE.] "Maintenance" means an award made in a dissolution or legal separation proceeding of payments from the future income or earnings of one spouse for the support and maintenance of the other.

 

      Subd. 4. [SUPPORT MONEY; CHILD SUPPORT.] "Support money" or "child support" means an amount for basic support, child care support, and medical support pursuant to:

 

      (1) an award in a dissolution, legal separation, annulment, or parentage proceeding for the care, support and education of any child of the marriage or of the parties to the proceeding; or

 

      (2) a contribution by parents ordered under section 256.87; or

 

      (3) support ordered under chapter 518B or 518C.

 

      Subd. 4a. [SUPPORT ORDER.] "Support order" means a judgment, decree, or order, whether temporary, final, or subject to modification, issued by a court or administrative agency of competent jurisdiction, for the support and maintenance of a child, including a child who has attained the age of majority under the law of the issuing state, or a child and the parent with whom the child is living, that provides for monetary support, child care, medical support including expenses for confinement and pregnancy, arrearages, or reimbursement, and that may include related costs and fees, interest and penalties, income withholding, and other relief. This definition applies to orders issued under this chapter and chapters 256, 257, and 518C.

 

      Subd. 5. [MARITAL PROPERTY; EXCEPTIONS.] "Marital property" means property, real or personal, including vested public or private pension plan benefits or rights, acquired by the parties, or either of them, to a dissolution, legal separation, or annulment proceeding at any time during the existence of the marriage relation between them, or at any time during which the parties were living together as husband and wife under a purported


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marriage relationship which is annulled in an annulment proceeding, but prior to the date of valuation under section 518.58, subdivision 1. All property acquired by either spouse subsequent to the marriage and before the valuation date is presumed to be marital property regardless of whether title is held individually or by the spouses in a form of co-ownership such as joint tenancy, tenancy in common, tenancy by the entirety, or community property. Each spouse shall be deemed to have a common ownership in marital property that vests not later than the time of the entry of the decree in a proceeding for dissolution or annulment. The extent of the vested interest shall be determined and made final by the court pursuant to section 518.58. If a title interest in real property is held individually by only one spouse, the interest in the real property of the nontitled spouse is not subject to claims of creditors or judgment or tax liens until the time of entry of the decree awarding an interest to the nontitled spouse. The presumption of marital property is overcome by a showing that the property is nonmarital property.

 

      "Nonmarital property" means property real or personal, acquired by either spouse before, during, or after the existence of their marriage, which

 

      (a) is acquired as a gift, bequest, devise or inheritance made by a third party to one but not to the other spouse;

 

      (b) is acquired before the marriage;

 

      (c) is acquired in exchange for or is the increase in value of property which is described in clauses (a), (b), (d), and (e);

 

      (d) is acquired by a spouse after the valuation date; or

 

      (e) is excluded by a valid antenuptial contract.

 

      Subd. 6. [INCOME.] "Income" means any form of periodic payment to an individual including, but not limited to, wages, salaries, payments to an independent contractor, workers' compensation, unemployment benefits, annuity, military and naval retirement, pension and disability payments. Benefits received under Title IV-A of the Social Security Act and chapter 256J are not income under this section.

 

      Subd. 7. [OBLIGEE.] "Obligee" means a person to whom payments for maintenance or support are owed.

 

      Subd. 8. [OBLIGOR.] "Obligor" means a person obligated to pay maintenance or support. A person who is designated as the sole physical custodian of a child is presumed not to be an obligor for purposes of calculating current support under section 518.551 unless the court makes specific written findings to overcome this presumption. For purposes of ordering medical support under section 518.719, a custodial parent may be an obligor subject to a cost-of-living adjustment under section 518.641 and a payment agreement under section 518.553.

 

      Subd. 9. [PUBLIC AUTHORITY.] "Public authority" means the public authority responsible for child support enforcement local unit of government, acting on behalf of the state, that is responsible for child support enforcement or the Department of Human Services, Child Support Enforcement Division.

 

      Subd. 10. [PENSION PLAN BENEFITS OR RIGHTS.] "Pension plan benefits or rights" means a benefit or right from a public or private pension plan accrued to the end of the month in which marital assets are valued, as determined under the terms of the laws or other plan document provisions governing the plan, including section 356.30.

 

      Subd. 11. [PUBLIC PENSION PLAN.] "Public pension plan" means a pension plan or fund specified in section 356.20, subdivision 2, or 356.30, subdivision 3, the deferred compensation plan specified in section 352.96, or any retirement or pension plan or fund, including a supplemental retirement plan or fund, established, maintained, or supported by a governmental subdivision or public body whose revenues are derived from taxation, fees, assessments, or from other public sources.


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                Subd. 12. [PRIVATE PENSION PLAN.] "Private pension plan" means a plan, fund, or program maintained by an employer or employee organization that provides retirement income to employees or results in a deferral of income by employees for a period extending to the termination of covered employment or beyond.

 

      Subd. 13. [ARREARS.] Arrears are amounts that accrue pursuant to an obligor's failure to comply with a support order. Past support and pregnancy and confinement expenses contained in a support order are arrears if the court order does not contain repayment terms. Arrears also arise by the obligor's failure to comply with the terms of a court order for repayment of past support or pregnancy and confinement expenses. An obligor's failure to comply with the terms for repayment of amounts owed for past support or pregnancy and confinement turns the entire amount owed into arrears.

 

      Subd. 14. [IV-D CASE.] "IV-D case" means a case where a party has assigned to the state rights to child support because of the receipt of public assistance as defined in section 256.741 or has applied for child support services under title IV-D of the Social Security Act, United States Code, title 42, section 654(4).

 

      Subd. 15. [PARENTAL INCOME FOR CHILD SUPPORT (PICS).] "Parental income for child support," or "PICS," means gross income under subdivision 18 minus deductions for nonjoint children as allowed by section 518.717.

 

      Subd. 16. [APPORTIONED VETERANS' BENEFITS.] "Apportioned veterans' benefits" means the amount the Veterans Administration deducts from the veteran's award and disburses to the child or the child's representative payee. The apportionment of veterans' benefits shall be that determined by the Veterans Administration and governed by Code of Federal Regulations, title 38, sections 3.450 to 3.458.

 

      Subd. 17. [BASIC SUPPORT.] "Basic support" means the support obligation determined by applying the parent's parental income for child support, or if there are two parents, their combined parental income for child support, to the guideline in the manner set out in section 518.725. Basic support includes the dollar amount ordered for a child's housing, food, clothing, transportation, and education costs, and other expenses relating to the child's care. Basic support does not include monetary contributions for a child's child care expenses and medical and dental expenses.

 

      Subd. 18. [GROSS INCOME.] "Gross income" means:

 

      (1) the gross income of the parent calculated under section 518.7123; plus

 

      (2) Social Security or veterans' benefit payments received on behalf of the child under section 518.718; plus

 

      (3) the potential income of the parent, if any, as determined in subdivision 23; minus

 

      (4) spousal maintenance that any party has been ordered to pay; minus

 

      (5) the amount of any existing child support order for other nonjoint children.

 

      Subd. 19. [JOINT CHILD.] "Joint child" means the dependent child who is the son or daughter of both parents in the support proceeding. In those cases where support is sought from only one parent of a child, a joint child is the child for whom support is sought.

 

      Subd. 20. [NONJOINT CHILD.] "Nonjoint child" means the legal child of one, but not both of the parents subject to this determination. Specifically excluded from this definition are stepchildren.


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                Subd. 21. [PARENTING TIME.] "Parenting time" means the amount of time a child is scheduled to spend with the parent according to a court order. Parenting time includes time with the child whether it is designated as visitation, physical custody, or parenting time. For purposes of section 518.722, the percentage of parenting time may be calculated by calculating the number of overnights that a child spends with a parent, or by using a method other than overnights if the parent has significant time periods where the child is in the parent's physical custody, but does not stay overnight.

 

      Subd. 22. [PAYOR OF FUNDS.] "Payor of funds" means a person or entity that provides funds to an obligor, including an employer as defined under chapter 24, section 3401(d), of the Internal Revenue Code, an independent contractor, payor of workers' compensation benefits or unemployment insurance benefits, or a financial institution as defined in section 13B.06.

 

      Subd. 23. [POTENTIAL INCOME.] "Potential income" is income determined under this subdivision.

 

      (a) If a parent is voluntarily unemployed, underemployed, or employed on a less than full-time basis, or there is no direct evidence of any income, child support shall be calculated based on a determination of potential income. For purposes of this determination, it is rebuttably presumed that a parent can be gainfully employed on a full-time basis.

 

      (b) Determination of potential income shall be made according to one of three methods, as appropriate:

 

      (1) the parent's probable earnings level based on employment potential, recent work history, and occupational qualifications in light of prevailing job opportunities and earnings levels in the community;

 

      (2) if a parent is receiving unemployment compensation or workers' compensation, that parent's income may be calculated using the actual amount of the unemployment compensation or workers' compensation benefit received; or

 

      (3) the amount of income a parent could earn working full time at 150 percent of the current federal or state minimum wage, whichever is higher.

 

      (c) A parent is not considered voluntarily unemployed or underemployed upon a showing by the parent that:

 

      (1) unemployment or underemployment is temporary and will ultimately lead to an increase in income;

 

      (2) the unemployment or underemployment represents a bona fide career change that outweighs the adverse effect of that parent's diminished income on the child; or

 

      (3) the parent is unable to work full time due to a verified disability or due to incarceration.

 

      (d) As used in this section, "full time" means 40 hours of work in a week except in those industries, trades, or professions in which most employers due to custom, practice, or agreement utilize a normal work week of more or less than 40 hours in a week.

 

      (e) If the parent of a joint child is a recipient of a temporary assistance to a needy family (TANF) cash grant, no potential income shall be imputed to that parent.

 

      (f) If a parent stays at home to care for a child who is subject to the child support order, the court may consider the following factors when determining whether the parent is voluntarily unemployed or underemployed:

 

      (1) the parties' parenting and child care arrangements before the child support action;


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                (2) the stay-at-home parent's employment history, recency of employment, earnings, and the availability of jobs within the community for an individual with the parent's qualifications;

 

      (3) the relationship between the employment-related expenses, including, but not limited to, child care and transportation costs required for the parent to be employed, and the income the stay-at-home parent could receive from available jobs within the community for an individual with the parent's qualifications;

 

      (4) the child's age and health, including whether the child is physically or mentally disabled; and

 

      (5) the availability of child care providers.

 

      (g) Paragraph (f) does not apply if the parent stays at home to care for other nonjoint children, only.

 

      (h) A self-employed parent shall not be considered to be voluntarily unemployed or underemployed if that parent can show that the parent's net self-employment income is lower because of economic conditions.

 

      Subd. 24. [PRIMARY PHYSICAL CUSTODY.] The parent having "primary physical custody" means the parent who provides the primary residence for a child and is responsible for the majority of the day-to-day decisions concerning a child.

 

      Subd. 25. [SOCIAL SECURITY BENEFITS.] "Social Security benefits" means the monthly amount the Social Security Administration pays to a joint child or the child's representative payee due solely to the disability or retirement of either parent. Benefits paid to a parent due to the disability of a child are excluded from this definition.

 

      Subd. 26. [SPLIT CUSTODY.] "Split custody" means that each parent in a two-parent calculation has primary physical custody of at least one of the joint children.

 

      Subd. 27. [SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE.] "Survivors' and dependents' educational assistance" are funds disbursed by the Veterans Administration under United States Code, title 38, chapter 35, to the child or the child's representative payee.

 

      Sec. 6. Minnesota Statutes 2004, section 518.55, subdivision 4, is amended to read:

 

      Subd. 4. [DETERMINATION OF CONTROLLING ORDER.] The public authority or a party may request the district court to determine a controlling order in situations in which more than one order involving the same obligor and child exists. The court shall presume that the latest order that involves the same obligor and joint child is controlling, subject to contrary proof.

 

      Sec. 7. Minnesota Statutes 2004, section 518.551, subdivision 5, is amended to read:

 

      Subd. 5. [NOTICE TO PUBLIC AUTHORITY; GUIDELINES.] (a) The petitioner shall notify the public authority of all proceedings for dissolution, legal separation, determination of parentage or for the custody of a child, if either party is receiving public assistance or applies for it subsequent to the commencement of the proceeding. The notice must contain the full names of the parties to the proceeding, their Social Security account numbers, and their birth dates. After receipt of the notice, the court shall set child support as provided in this subdivision section 518.725. The court may order either or both parents owing a duty of support to a child of the marriage to pay an amount reasonable or necessary for the child's support, without regard to marital misconduct. The court shall approve a child support stipulation of the parties if each party is represented by independent counsel, unless the stipulation does not meet the conditions of paragraph (i) section 518.725. In other cases the court shall determine and order child support in a specific dollar amount in accordance with the guidelines and the other factors set forth in paragraph (c) section 518.714 and any departure therefrom. The court may also order the obligor to pay child support in the form of a percentage share of the obligor's net bonuses, commissions, or other forms of compensation, in addition to, or if the obligor receives no base pay, in lieu of, an order for a specific dollar amount.


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                (b) The court shall derive a specific dollar amount for child support by multiplying the obligor's net income by the percentage indicated by the following guidelines:

 

Net Income Per                                                                                    Number of Children

Month of Obligor

 

                                        1                        2                   3                        4                      5                      6                       7 or

                                                                                                                                                                                         more

 

$550 and Below                                                     Order based on the ability of the

                                                                                    obligor to provide support

                                                                                    at these income levels, or at higher

                                                                                    levels, if the obligor has

                                                                                    the earning ability.

 

            $551-600         16%                19%                22%                25%                28%                30%                32%

            $601-650          17%                21%                24%                27%                29%                32%                34%

            $651-700          18%                22%                25%                28%                31%                34%                36%

            $701-750          19%                23%                27%                30%                33%                36%                38%

            $751-800          20%                24%                28%                31%                35%                38%                40%

            $801-850          21%                25%                29%                33%                36%                40%                42%

            $851-900          22%                27%                31%                34%                38%                41%                44%

            $901-950          23%                28%                32%                36%                40%                43%                46%

         $951-1000          24%                29%                34%                38%                41%                45%                48%

       $1001-5000          25%                30%                35%                39%                43%                47%                50%

 

    or the amount

   in effect under

     paragraph (k)

 

      Guidelines for support for an obligor with a monthly income in excess of the income limit currently in effect under paragraph (k) shall be the same dollar amounts as provided for in the guidelines for an obligor with a monthly income equal to the limit in effect.

 

Net Income defined as:

 

                                 Total monthly

                                 income less                                                   *(i)     Federal Income Tax

 

                                                                                                         *(ii)     State Income Tax

                                                                                                          (iii)     Social Security

                                                                                                                     Deductions

 

                                                                                                          (iv)     Reasonable

                                                                                                                     Pension Deductions

 

                                 *Standard

                                 Deductions apply-                                        (v)     Union Dues

                                 use of tax tables                                          (vi)     Cost of Dependent Health

                                 recommended                                                          Insurance Coverage


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                                 (vii)        Cost of Individual or Group

                                                                                                                      Health/Hospitalization

                                                                                                                      Coverage or an

                                                                                                                      Amount for Actual

                                                                                                                      Medical Expenses

                                                                                                        (viii)     A Child Support or

                                                                                                                      Maintenance Order that is

                                                                                                                      Currently Being Paid.

 

      "Net income" does not include:

 

      (1) the income of the obligor's spouse, but does include in-kind payments received by the obligor in the course of employment, self-employment, or operation of a business if the payments reduce the obligor's living expenses; or

 

      (2) compensation received by a party for employment in excess of a 40-hour work week, provided that:

 

      (i) support is nonetheless ordered in an amount at least equal to the guidelines amount based on income not excluded under this clause; and

 

      (ii) the party demonstrates, and the court finds, that:

 

      (A) the excess employment began after the filing of the petition for dissolution;

 

      (B) the excess employment reflects an increase in the work schedule or hours worked over that of the two years immediately preceding the filing of the petition;

 

      (C) the excess employment is voluntary and not a condition of employment;

 

      (D) the excess employment is in the nature of additional, part-time or overtime employment compensable by the hour or fraction of an hour; and

 

      (E) the party's compensation structure has not been changed for the purpose of affecting a support or maintenance obligation.

 

      The court shall review the work-related and education-related child care costs paid and shall allocate the costs to each parent in proportion to each parent's net income, as determined under this subdivision, after the transfer of child support and spousal maintenance, unless the allocation would be substantially unfair to either parent. There is a presumption of substantial unfairness if after the sum total of child support, spousal maintenance, and child care costs is subtracted from the obligor's income, the income is at or below 100 percent of the federal poverty guidelines. The cost of child care for purposes of this paragraph is 75 percent of the actual cost paid for child care, to reflect the approximate value of state and federal tax credits available to the obligee. The actual cost paid for child care is the total amount received by the child care provider for the child or children of the obligor from the obligee or any public agency. The court shall require verification of employment or school attendance and documentation of child care expenses from the obligee and the public agency, if applicable. If child care expenses fluctuate during the year because of seasonal employment or school attendance of the obligee or extended periods of parenting time with the obligor, the court shall determine child care expenses based on an average monthly cost. The amount allocated for child care expenses is considered child support but is not subject to a cost-of-living adjustment under section 518.641. The amount allocated for child care expenses terminates when either party notifies the public authority that the child care costs have ended and without any legal action on the part of either party. The public authority shall verify the information received under this provision before authorizing termination. The termination is effective as of the date of the notification. In other cases where there is a substantial increase or decrease in child care expenses, the parties may modify the order under section 518.64.


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                The court may allow the obligor parent to care for the child while the obligee parent is working, as provided in section 518.175, subdivision 8, but this is not a reason to deviate from the guidelines.

 

      (c) In addition to the child support guidelines, the court shall take into consideration the following factors in setting or modifying child support or in determining whether to deviate from the guidelines:

 

      (1) all earnings, income, and resources of the parents, including real and personal property, but excluding income from excess employment of the obligor or obligee that meets the criteria of paragraph (b), clause (2)(ii);

 

      (2) the financial needs and resources, physical and emotional condition, and educational needs of the child or children to be supported;

 

      (3) the standard of living the child would have enjoyed had the marriage not been dissolved, but recognizing that the parents now have separate households;

 

      (4) which parent receives the income taxation dependency exemption and what financial benefit the parent receives from it;

 

      (5) the parents' debts as provided in paragraph (d); and

 

      (6) the obligor's receipt of public assistance under the AFDC program formerly codified under sections 256.72 to 256.82 or 256B.01 to 256B.40 and chapter 256J or 256K.

 

      (d) In establishing or modifying a support obligation, the court may consider debts owed to private creditors, but only if:

 

      (1) the right to support has not been assigned under section 256.741;

 

      (2) the court determines that the debt was reasonably incurred for necessary support of the child or parent or for the necessary generation of income. If the debt was incurred for the necessary generation of income, the court shall consider only the amount of debt that is essential to the continuing generation of income; and

 

      (3) the party requesting a departure produces a sworn schedule of the debts, with supporting documentation, showing goods or services purchased, the recipient of them, the amount of the original debt, the outstanding balance, the monthly payment, and the number of months until the debt will be fully paid.

 

      (e) Any schedule prepared under paragraph (d), clause (3), shall contain a statement that the debt will be fully paid after the number of months shown in the schedule, barring emergencies beyond the party's control.

 

      (f) Any further departure below the guidelines that is based on a consideration of debts owed to private creditors shall not exceed 18 months in duration, after which the support shall increase automatically to the level ordered by the court. Nothing in this section shall be construed to prohibit one or more step increases in support to reflect debt retirement during the 18-month period.

 

      (g) If payment of debt is ordered pursuant to this section, the payment shall be ordered to be in the nature of child support.

 

      (h) Nothing shall preclude the court from receiving evidence on the above factors to determine if the guidelines should be exceeded or modified in a particular case.


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                (i) The guidelines in this subdivision are a rebuttable presumption and shall be used in all cases when establishing or modifying child support. If the court does not deviate from the guidelines, the court shall make written findings concerning the amount of the obligor's income used as the basis for the guidelines calculation and any other significant evidentiary factors affecting the determination of child support. If the court deviates from the guidelines, the court shall make written findings giving the amount of support calculated under the guidelines, the reasons for the deviation, and shall specifically address the criteria in paragraph (c) and how the deviation serves the best interest of the child. The court may deviate from the guidelines if both parties agree and the court makes written findings that it is in the best interests of the child, except that in cases where child support payments are assigned to the public agency under section 256.741, the court may deviate downward only as provided in paragraph (j). Nothing in this paragraph prohibits the court from deviating in other cases. The provisions of this paragraph apply whether or not the parties are each represented by independent counsel and have entered into a written agreement. The court shall review stipulations presented to it for conformity to the guidelines and the court is not required to conduct a hearing, but the parties shall provide the documentation of earnings required under subdivision 5b.

 

      (j) If the child support payments are assigned to the public agency under section 256.741, the court may not deviate downward from the child support guidelines unless the court specifically finds that the failure to deviate downward would impose an extreme hardship on the obligor.

 

      (k) The dollar amount of the income limit for application of the guidelines must be adjusted on July 1 of every even-numbered year to reflect cost-of-living changes. The Supreme Court shall select the index for the adjustment from the indices listed in section 518.641. The state court administrator shall make the changes in the dollar amount required by this paragraph available to courts and the public on or before April 30 of the year in which the amount is to change.

 

      (l) In establishing or modifying child support, if a child receives a child's insurance benefit under United States Code, title 42, section 402, because the obligor is entitled to old age or disability insurance benefits, the amount of support ordered shall be offset by the amount of the child's benefit. The court shall make findings regarding the obligor's income from all sources, the child support amount calculated under this section, the amount of the child's benefit, and the obligor's child support obligation. Any benefit received by the child in a given month in excess of the child support obligation shall not be treated as an arrearage payment or a future payment.

 

      Sec. 8. Minnesota Statutes 2004, section 518.551, subdivision 5b, is amended to read:

 

      Subd. 5b. [DETERMINATION OF INCOME PROVIDING INCOME INFORMATION.] (a) The parties shall timely serve and file documentation of earnings and income. When there is a prehearing conference, the court must receive the documentation of income at least ten days prior to the prehearing conference. Documentation of earnings and income also includes, but is not limited to, pay stubs for the most recent three months, employer statements, or statement of receipts and expenses if self-employed. Documentation of earnings and income also includes copies of each parent's most recent federal tax returns, including W-2 forms, 1099 forms, unemployment benefits statements, workers' compensation statements, and all other documents evidencing income as received that provide verification of income over a longer period In any case where the parties have joint children for which a child support order must be determined, the parties shall serve and file with their initial pleadings or motion documents, a financial affidavit, disclosing all sources of gross income. The financial affidavit shall include relevant supporting documentation necessary to calculate the parental income for child support under section 518.54, subdivision 15, including, but not limited to, pay stubs for the most recent three months, employer statements, or statements of receipts and expenses if self-employed. Documentation of earnings and income also include relevant copies of each parent's most recent federal tax returns, including W-2 forms, 1099 forms, unemployment benefit statements, workers' compensation statements, and all other documents evidencing earnings or income as received that provide verification for the financial affidavit.


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                (b) In addition to the requirements of paragraph (a), at any time after an action seeking child support has been commenced or when a child support order is in effect, a party or the public authority may require the other party to give them a copy of the party's most recent federal tax returns that were filed with the Internal Revenue Service. The party shall provide a copy of the tax returns within 30 days of receipt of the request unless the request is not made in good faith. A request under this paragraph may not be made more than once every two years, in the absence of good cause.

 

      (c) If a parent under the jurisdiction of the court does not appear at a court hearing after proper notice of the time and place of the hearing serve and file the financial affidavit with the parent's initial pleading, the court shall set income for that parent based on credible evidence before the court or in accordance with paragraph (d) section 518.54, subdivision 23. Credible evidence may include documentation of current or recent income, testimony of the other parent concerning recent earnings and income levels, and the parent's wage reports filed with the Minnesota Department of Employment and Economic Development under section 268.044.

 

      (d) If the court finds that a parent is voluntarily unemployed or underemployed or was voluntarily unemployed or underemployed during the period for which past support is being sought, support shall be calculated based on a determination of imputed income. A parent is not considered voluntarily unemployed or underemployed upon a showing by the parent that the unemployment or underemployment: (1) is temporary and will ultimately lead to an increase in income; or (2) represents a bona fide career change that outweighs the adverse effect of that parent's diminished income on the child. Imputed income means the estimated earning ability of a parent based on the parent's prior earnings history, education, and job skills, and on availability of jobs within the community for an individual with the parent's qualifications.

 

      (e) If there is insufficient information to determine actual income or to impute income pursuant to paragraph (d), the court may calculate support based on full-time employment of 40 hours per week at 150 percent of the federal minimum wage or the Minnesota minimum wage, whichever is higher. If a parent is a recipient of public assistance under section 256.741, or is physically or mentally incapacitated, it shall be presumed that the parent is not voluntarily unemployed or underemployed.

 

      (f) Income from self employment is equal to gross receipts minus ordinary and necessary expenses. Ordinary and necessary expenses do not include amounts allowed by the Internal Revenue Service for accelerated depreciation expenses or investment tax credits or any other business expenses determined by the court to be inappropriate for determining income for purposes of child support. The person seeking to deduct an expense, including depreciation, has the burden of proving, if challenged, that the expense is ordinary and necessary. Net income under this section may be different from taxable income.

 

      Sec. 9. [518.6197] [CHILD SUPPORT DEBT/ARREARAGE MANAGEMENT.]

 

      In order to reduce and otherwise manage support debts and arrearages, the parties, including the public authority where arrearages have been assigned to the public authority, may compromise unpaid support debts or arrearages owed by one party to another, whether or not docketed as a judgment. A party may agree or disagree to compromise only those debts or arrearages owed to that party.

 

      Sec. 10. Minnesota Statutes 2004, section 518.64, subdivision 2, is amended to read:

 

      Subd. 2. [MODIFICATION.] (a) The terms of an order respecting maintenance or support may be modified upon a showing of one or more of the following: (1) substantially increased or decreased earnings of a party gross income of an obligor or obligee; (2) substantially increased or decreased need of a party an obligor or obligee or the child or children that are the subject of these proceedings; (3) receipt of assistance under the AFDC program formerly codified under sections 256.72 to 256.87 or 256B.01 to 256B.40, or chapter 256J or 256K; (4) a change in the cost of living for either party as measured by the Federal Bureau of Labor Statistics, any of which makes the


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terms unreasonable and unfair; (5) extraordinary medical expenses of the child not provided for under section 518.171; or (6) the addition of work-related or education-related child care expenses of the obligee or a substantial increase or decrease in existing work-related or education-related child care expenses; or (7) upon the emancipation of the child, as provided in section 518.64, subdivision 4a.

 

      On a motion to modify support, the needs of any child the obligor has after the entry of the support order that is the subject of a modification motion shall be considered as provided by section 518.551, subdivision 5f.

 

      (b) It is presumed that there has been a substantial change in circumstances under paragraph (a) and the terms of a current support order shall be rebuttably presumed to be unreasonable and unfair if:

 

      (1) the application of the child support guidelines in section 518.551, subdivision 5, to the current circumstances of the parties results in a calculated court order that is at least 20 percent and at least $50 $75 per month higher or lower than the current support order;

 

      (2) the medical support provisions of the order established under section 518.171 518.719 are not enforceable by the public authority or the obligee;

 

      (3) health coverage ordered under section 518.171 518.719 is not available to the child for whom the order is established by the parent ordered to provide; or

 

      (4) the existing support obligation is in the form of a statement of percentage and not a specific dollar amount; or

 

      (5) the gross income of an obligor or obligee has decreased by at least 20 percent through no fault or choice of the party.

 

      (c) A child support order is not presumptively modifiable solely because an obligor or obligee becomes responsible for the support of an additional nonjoint child, which is born after an existing order. Section 518.717 shall be considered if other grounds are alleged which allow a modification of support.

 

      (d) On a motion for modification of maintenance, including a motion for the extension of the duration of a maintenance award, the court shall apply, in addition to all other relevant factors, the factors for an award of maintenance under section 518.552 that exist at the time of the motion. On a motion for modification of support, the court:

 

      (1) shall apply section 518.551, subdivision 5 518.725, and shall not consider the financial circumstances of each party's spouse, if any; and

 

      (2) shall not consider compensation received by a party for employment in excess of a 40-hour work week, provided that the party demonstrates, and the court finds, that:

 

      (i) the excess employment began after entry of the existing support order;

 

      (ii) the excess employment is voluntary and not a condition of employment;

 

      (iii) the excess employment is in the nature of additional, part-time employment, or overtime employment compensable by the hour or fractions of an hour;

 

      (iv) the party's compensation structure has not been changed for the purpose of affecting a support or maintenance obligation;


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                (v) in the case of an obligor, current child support payments are at least equal to the guidelines amount based on income not excluded under this clause; and

 

      (vi) in the case of an obligor who is in arrears in child support payments to the obligee, any net income from excess employment must be used to pay the arrearages until the arrearages are paid in full.

 

      (d) (e) A modification of support or maintenance, including interest that accrued pursuant to section 548.091, may be made retroactive only with respect to any period during which the petitioning party has pending a motion for modification but only from the date of service of notice of the motion on the responding party and on the public authority if public assistance is being furnished or the county attorney is the attorney of record. However, modification may be applied to an earlier period if the court makes express findings that:

 

      (1) the party seeking modification was precluded from serving a motion by reason of a significant physical or mental disability, a material misrepresentation of another party, or fraud upon the court and that the party seeking modification, when no longer precluded, promptly served a motion;

 

      (2) the party seeking modification was a recipient of federal Supplemental Security Income (SSI), Title II Older Americans, Survivor's Disability Insurance (OASDI), other disability benefits, or public assistance based upon need during the period for which retroactive modification is sought;

 

      (3) the order for which the party seeks amendment was entered by default, the party shows good cause for not appearing, and the record contains no factual evidence, or clearly erroneous evidence regarding the individual obligor's ability to pay; or

 

      (4) the party seeking modification was institutionalized or incarcerated for an offense other than nonsupport of a child during the period for which retroactive modification is sought and lacked the financial ability to pay the support ordered during that time period. In determining whether to allow the retroactive modification, the court shall consider whether and when a request was made to the public authority for support modification.

 

The court may provide that a reduction in the amount allocated for child care expenses based on a substantial decrease in the expenses is effective as of the date the expenses decreased.

 

      (e) (f) Except for an award of the right of occupancy of the homestead, provided in section 518.63, all divisions of real and personal property provided by section 518.58 shall be final, and may be revoked or modified only where the court finds the existence of conditions that justify reopening a judgment under the laws of this state, including motions under section 518.145, subdivision 2. The court may impose a lien or charge on the divided property at any time while the property, or subsequently acquired property, is owned by the parties or either of them, for the payment of maintenance or support money, or may sequester the property as is provided by section 518.24.

 

      (f) (g) The court need not hold an evidentiary hearing on a motion for modification of maintenance or support.

 

      (g) (h) Section 518.14 shall govern the award of attorney fees for motions brought under this subdivision.

 

      (i) Except as expressly provided, an enactment, amendment, or repeal of law does not constitute a substantial change in the circumstances for purposes of modifying a child support order.

 

      (j) There may be no modification of an existing child support order during the first year following the effective date of sections 518.7123 to 518.729 except as follows:

 

      (1) there is at least a 20 percent change in the gross income of the obligor;


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                (2) there is a change in the number of joint children for whom the obligor is legally responsible and actually supporting;

 

      (3) the child supported by the existing child support order becomes disabled; or

 

      (4) both parents consent to modification of the existing order in compliance with the new income shares guidelines.

 

      (k) On the first modification under the income shares method of calculation, the modification of basic support may be limited if the amount of the full variance would create hardship for either the obligor or the obligee.

 

Paragraph (j) expires January 1, 2008.

 

      Sec. 11. Minnesota Statutes 2004, section 518.64, is amended by adding a subdivision to read:

 

      Subd. 7. [CHILD CARE EXCEPTION.] The court may provide that a reduction in the amount allocated for child care expenses based on a substantial decrease in the expenses is effective as of the date the expense is decreased.

 

      Sec. 12. Minnesota Statutes 2004, section 518.64, is amended by adding a subdivision to read:

 

      Subd. 8. [CHILD SUPPORT DEBT AND ARREARAGE MANAGEMENT.] The parties, including the public authority, may compromise child support debt or arrearages owed by one party to another, whether or not reduced to judgment, upon agreement of the parties involved.

 

      Sec. 13. Minnesota Statutes 2004, section 518.68, subdivision 2, is amended to read:

 

      Subd. 2. [CONTENTS.] The required notices must be substantially as follows:

 

IMPORTANT NOTICE

 

1. PAYMENTS TO PUBLIC AGENCY

 

According to Minnesota Statutes, section 518.551, subdivision 1, payments ordered for maintenance and support must be paid to the public agency responsible for child support enforcement as long as the person entitled to receive the payments is receiving or has applied for public assistance or has applied for support and maintenance collection services. MAIL PAYMENTS TO:

 

2. DEPRIVING ANOTHER OF CUSTODIAL OR PARENTAL RIGHTS -- A FELONY

 

A person may be charged with a felony who conceals a minor child or takes, obtains, retains, or fails to return a minor child from or to the child's parent (or person with custodial or visitation rights), according to Minnesota Statutes, section 609.26. A copy of that section is available from any district court clerk.

 

3. NONSUPPORT OF A SPOUSE OR CHILD -- CRIMINAL PENALTIES

 

A person who fails to pay court-ordered child support or maintenance may be charged with a crime, which may include misdemeanor, gross misdemeanor, or felony charges, according to Minnesota Statutes, section 609.375. A copy of that section is available from any district court clerk.


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4. RULES OF SUPPORT, MAINTENANCE, PARENTING TIME

 

(a) Payment of support or spousal maintenance is to be as ordered, and the giving of gifts or making purchases of food, clothing, and the like will not fulfill the obligation.

 

(b) Payment of support must be made as it becomes due, and failure to secure or denial of parenting time is NOT an excuse for nonpayment, but the aggrieved party must seek relief through a proper motion filed with the court.

 

(c) Nonpayment of support is not grounds to deny parenting time. The party entitled to receive support may apply for support and collection services, file a contempt motion, or obtain a judgment as provided in Minnesota Statutes, section 548.091.

 

(d) The payment of support or spousal maintenance takes priority over payment of debts and other obligations.

 

(e) A party who accepts additional obligations of support does so with the full knowledge of the party's prior obligation under this proceeding.

 

(f) Child support or maintenance is based on annual income, and it is the responsibility of a person with seasonal employment to budget income so that payments are made throughout the year as ordered.

 

(g) If the obligor is laid off from employment or receives a pay reduction, support may be reduced, but only if a motion to reduce the support is served and filed with the court. Any reduction will take effect only if ordered by the court and may only relate back to the time that the motion is filed. If a motion is not filed, the support obligation will continue at the current level. The court is not permitted to reduce support retroactively, except as provided in Minnesota Statutes, section 518.64, subdivision 2, paragraph (c).

 

(h) Reasonable parenting time guidelines are contained in Appendix B, which is available from the court administrator.

 

(i) (h) The nonpayment of support may be enforced through the denial of student grants; interception of state and federal tax refunds; suspension of driver's, recreational, and occupational licenses; referral to the department of revenue or private collection agencies; seizure of assets, including bank accounts and other assets held by financial institutions; reporting to credit bureaus; interest charging, income withholding, and contempt proceedings; and other enforcement methods allowed by law.

 

(i) The public authority may suspend or resume collection of the amount allocated for child care expenses if the conditions of section 518.72, subdivision 4, are met.

 

5. MODIFYING CHILD SUPPORT

 

If either the obligor or obligee is laid off from employment or receives a pay reduction, child support may be modified, increased, or decreased. Any modification will only take effect when it is ordered by the court, and will only relate back to the time that a motion is filed. Either the obligor or obligee may file a motion to modify child support, and may request the public agency for help. UNTIL A MOTION IS FILED, THE CHILD SUPPORT OBLIGATION WILL CONTINUE AT THE CURRENT LEVEL. THE COURT IS NOT PERMITTED TO REDUCE SUPPORT RETROACTIVELY.

 

5 6. PARENTAL RIGHTS FROM MINNESOTA STATUTES, SECTION 518.17, SUBDIVISION 3

 

      Unless otherwise provided by the Court:


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(a) Each party has the right of access to, and to receive copies of, school, medical, dental, religious training, and other important records and information about the minor children. Each party has the right of access to information regarding health or dental insurance available to the minor children. Presentation of a copy of this order to the custodian of a record or other information about the minor children constitutes sufficient authorization for the release of the record or information to the requesting party.

 

(b) Each party shall keep the other informed as to the name and address of the school of attendance of the minor children. Each party has the right to be informed by school officials about the children's welfare, educational progress and status, and to attend school and parent teacher conferences. The school is not required to hold a separate conference for each party.

 

(c) In case of an accident or serious illness of a minor child, each party shall notify the other party of the accident or illness, and the name of the health care provider and the place of treatment.

 

(d) Each party has the right of reasonable access and telephone contact with the minor children.

 

6 7. WAGE AND INCOME DEDUCTION OF SUPPORT AND MAINTENANCE

 

Child support and/or spousal maintenance may be withheld from income, with or without notice to the person obligated to pay, when the conditions of Minnesota Statutes, section 518.6111 have been met. A copy of those sections is available from any district court clerk.

 

7 8. CHANGE OF ADDRESS OR RESIDENCE

 

Unless otherwise ordered, each party shall notify the other party, the court, and the public authority responsible for collection, if applicable, of the following information within ten days of any change: the residential and mailing address, telephone number, driver's license number, Social Security number, and name, address, and telephone number of the employer.

 

8 9. COST OF LIVING INCREASE OF SUPPORT AND MAINTENANCE

 

Child support and/or spousal maintenance may be adjusted every two years based upon a change in the cost of living (using Department of Labor Consumer Price Index .........., unless otherwise specified in this order) when the conditions of Minnesota Statutes, section 518.641, are met. Cost of living increases are compounded. A copy of Minnesota Statutes, section 518.641, and forms necessary to request or contest a cost of living increase are available from any district court clerk.

 

9 10. JUDGMENTS FOR UNPAID SUPPORT

 

If a person fails to make a child support payment, the payment owed becomes a judgment against the person responsible to make the payment by operation of law on or after the date the payment is due, and the person entitled to receive the payment or the public agency may obtain entry and docketing of the judgment WITHOUT NOTICE to the person responsible to make the payment under Minnesota Statutes, section 548.091. Interest begins to accrue on a payment or installment of child support whenever the unpaid amount due is greater than the current support due, according to Minnesota Statutes, section 548.091, subdivision 1a.

 

10 11. JUDGMENTS FOR UNPAID MAINTENANCE

 

A judgment for unpaid spousal maintenance may be entered when the conditions of Minnesota Statutes, section 548.091, are met. A copy of that section is available from any district court clerk.


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11 12. ATTORNEY FEES AND COLLECTION COSTS FOR ENFORCEMENT OF CHILD SUPPORT

 

A judgment for attorney fees and other collection costs incurred in enforcing a child support order will be entered against the person responsible to pay support when the conditions of section 518.14, subdivision 2, are met. A copy of section 518.14 and forms necessary to request or contest these attorney fees and collection costs are available from any district court clerk.

 

12 13. PARENTING TIME EXPEDITOR PROCESS

 

On request of either party or on its own motion, the court may appoint a parenting time expeditor to resolve parenting time disputes under Minnesota Statutes, section 518.1751. A copy of that section and a description of the expeditor process is available from any district court clerk.

 

13 14. PARENTING TIME REMEDIES AND PENALTIES

 

Remedies and penalties for the wrongful denial of parenting time are available under Minnesota Statutes, section 518.175, subdivision 6. These include compensatory parenting time; civil penalties; bond requirements; contempt; and reversal of custody. A copy of that subdivision and forms for requesting relief are available from any district court clerk.

 

      Sec. 14. [518.7123] [CALCULATION OF GROSS INCOME.]

 

      (a) Except as excluded below, gross income includes income from any source, including, but not limited to, salaries, wages, commissions, advances, bonuses, dividends, severance pay, pensions, interest, honoraria, trust income, annuities, return on capital, Social Security benefits, workers' compensation benefits, unemployment insurance benefits, disability insurance benefits, gifts, prizes, including lottery winnings, alimony, spousal maintenance payments, income from self-employment or operation of a business, as determined under section 518.7125. All salary, wages, commissions, or other compensation paid by third parties shall be based upon Medicare gross income. No deductions shall be allowed for contributions to pensions, 401-K, IRA, or other retirement benefits.

 

      (b) Excluded and not counted in gross income is compensation received by a party for employment in excess of a 40-hour work week, provided that:

 

      (1) child support is nonetheless ordered in an amount at least equal to the guideline amount based on gross income not excluded under this clause; and

 

      (2) the party demonstrates, and the court finds, that:

 

      (i) the excess employment began after the filing of the petition for dissolution;

 

      (ii) the excess employment reflects an increase in the work schedule or hours worked over that of the two years immediately preceding the filing of the petition;

 

      (iii) the excess employment is voluntary and not a condition of employment;

 

      (iv) the excess employment is in the nature of additional, part-time or overtime employment compensable by the hour or fraction of an hour; and

 

      (v) the party's compensation structure has not been changed for the purpose of affecting a support or maintenance obligation.


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                (c) Expense reimbursements or in-kind payments received by a parent in the course of employment, self-employment, or operation of a business shall be counted as income if they reduce personal living expenses.

 

      (d) Gross income may be calculated on either an annual or monthly basis. Weekly income shall be translated to monthly income by multiplying the weekly income by 4.33.

 

      (e) Excluded and not counted as income is any child support payment received by a party. It is a rebuttable presumption that adoption assistance payments, guardianship assistance payments, and foster care subsidies are excluded and not counted as income.

 

      (f) Excluded and not counted as income is the income of the obligor's spouse and the obligee's spouse.

 

      Sec. 15. [518.7125] [INCOME FROM SELF-EMPLOYMENT OR OPERATION OF A BUSINESS.]

 

      For income from self-employment, rent, royalties, proprietorship of a business, or joint ownership of a partnership or closely held corporation, gross income is defined as gross receipts minus costs of goods sold minus ordinary and necessary expenses required for self-employment or business operation. Specifically excluded from ordinary and necessary expenses are amounts allowable by the Internal Revenue Service for the accelerated component of depreciation expenses, investment tax credits, or any other business expenses determined by the court to be inappropriate or excessive for determining gross income for purposes of calculating child support.

 

      Sec. 16. [518.713] [COMPUTATION OF CHILD SUPPORT OBLIGATIONS.]

 

      To determine the presumptive amount of support owed by a parent, follow the procedure set forth in this section:

 

      (1) determine the gross income of each parent using the definition in section 518.54, subdivision 18;

 

      (2) calculate the parental income for child support (PICS) of each parent under section 518.54, subdivision 15, by subtracting from the gross income the credit, if any, for each parent's nonjoint children under section 518.717;

 

      (3) determine the percentage contribution of each parent to the combined PICS by dividing the combined PICS into each parent's PICS;

 

      (4) determine the combined basic support obligation by application of the schedule in section 518.725;

 

      (5) determine each parent's share of the basic support obligation by multiplying the percentage figure from clause (3) by the combined basic support obligation in clause (4);

 

      (6) determine the parenting expense adjustment, if any, as provided in section 518.722, and adjust that parent's basic support obligation accordingly;

 

      (7) determine the child care support obligation for each parent as provided in section 518.72;

 

      (8) determine the health care coverage obligation for each parent as provided in section 518.719. Unreimbursed and uninsured medical expenses are not included in the presumptive amount of support owed by a parent and are calculated and collected as described in section 518.722;

 

      (9) determine each parent's total child support obligation by adding together each parent's basic support, child care support, and health care coverage obligations as provided in clauses (1) to (8);


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                (10) reduce or increase each parent's total child support obligation by the amount of the health care coverage contribution paid by or on behalf of the other parent, as provided in section 518.719, subdivision 5;

 

      (11) if Social Security benefits or veterans' benefits are received by one parent as a representative payee for a joint child due to the other parent's disability or retirement, subtract the amount of benefits from the other parent's net child support obligation, if any;

 

      (12) apply the self-support adjustment and minimum support obligation provisions as provided in section 518.724; and

 

      (13) the final child support order shall separately designate the amount owed for basic support, child care support, and medical support.

 

      Sec. 17. [518.714] [DEVIATIONS FROM CHILD SUPPORT GUIDELINES.]

 

      Subdivision 1. [GENERAL FACTORS.] Among other reasons, deviation from the presumptive guideline amount is intended to encourage prompt and regular payments of child support and to prevent either parent or the joint children from living in poverty. In addition to the child support guidelines, the court must take into consideration the following factors in setting or modifying child support or in determining whether to deviate upward or downward from the guidelines:

 

      (1) all earnings, income, circumstances, and resources of each parent, including real and personal property, but excluding income from excess employment of the obligor or obligee that meets the criteria of section 518.7123, paragraph (b), clause (2);

 

      (2) the extraordinary financial needs and resources, physical and emotional condition, and educational needs of the child to be supported;

 

      (3) the standard of living the child would enjoy if the parents were currently living together, but recognizing that the parents now have separate households;

 

      (4) which parent receives the income taxation dependency exemption and the financial benefit the parent receives from it;

 

      (5) the parents' debts as provided in subdivision 2; and

 

      (6) the obligor's total payments for court-ordered child support exceed the limitations set forth in section 571.922.

 

      Subd. 2. [DEBT OWED TO PRIVATE CREDITORS.] (a) In establishing or modifying a support obligation, the court may consider debts owed to private creditors, but only if:

 

      (1) the right to support has not been assigned under section 256.741;

 

      (2) the court determines that the debt was reasonably incurred for necessary support of the child or parent or for the necessary generation of income. If the debt was incurred for the necessary generation of income, the court may consider only the amount of debt that is essential to the continuing generation of income; and

 

      (3) the party requesting a departure produces a sworn schedule of the debts, with supporting documentation, showing goods or services purchased, the recipient of them, the original debt amount, the outstanding balance, the monthly payment, and the number of months until the debt will be fully paid.


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                (b) A schedule prepared under paragraph (a), clause (3), must contain a statement that the debt will be fully paid after the number of months shown in the schedule, barring emergencies beyond the party's control.

 

      (c) Any further departure below the guidelines that is based on a consideration of debts owed to private creditors must not exceed 18 months in duration. After 18 months the support must increase automatically to the level ordered by the court. This section does not prohibit one or more step increases in support to reflect debt retirement during the 18-month period.

 

      (d) If payment of debt is ordered pursuant to this section, the payment must be ordered to be in the nature of child support.

 

      Subd. 3. [EVIDENCE.] The court may receive evidence on the factors in this section to determine if the guidelines should be exceeded or modified in a particular case.

 

      Subd. 4. [PAYMENTS ASSIGNED TO PUBLIC AUTHORITY.] If the child support payments are assigned to the public authority under section 256.741, the court may not deviate downward from the child support guidelines unless the court specifically finds that the failure to deviate downward would impose an extreme hardship on the obligor.

 

      Subd. 5. [JOINT LEGAL CUSTODY.] An award of joint legal custody is not a reason for deviation from the guidelines.

 

      Subd. 6. [SELF-SUPPORT LIMITATION.] If, after payment of income and payroll taxes, the obligor can establish that they do not have enough for the self-support reserve, a downward deviation may be allowed.

 

      Sec. 18. [518.715] [WRITTEN FINDINGS.]

 

      Subdivision 1. [NO DEVIATION.] If the court does not deviate from the guidelines, the court must make written findings concerning the amount of the parties' gross income used as the basis for the guidelines calculation and any other significant evidentiary factors affecting the child support determination.

 

      Subd. 2. [DEVIATION.] (a) If the court deviates from the guidelines by agreement of the parties or pursuant to section 518.714, the court must make written findings giving the amount of support calculated under the guidelines, the reasons for the deviation, and must specifically address how the deviation serves the best interests of the child; and

 

      (b) determine each parent's gross income and PICS.

 

      Subd. 3. [WRITTEN FINDINGS REQUIRED IN EVERY CASE.] The provisions of this section apply whether or not the parties are each represented by independent counsel and have entered into a written agreement. The court must review stipulations presented to it for conformity to the guidelines. The court is not required to conduct a hearing, but the parties must provide sufficient documentation to verify the child support determination, and justify any deviation from the guidelines.

 

      Sec. 19. [518.716] [GUIDELINES REVIEW.]

 

      No later than 2006 and every four years after that, the Department of Human Services must conduct a review of the child support guidelines.


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                Sec. 20. [518.717] [NONJOINT CHILDREN.]

 

      (a) When either or both parents of the joint child subject to this determination are legally responsible for a nonjoint child who resides in that parent's household, a credit for this obligation shall be calculated under this section.

 

      (b) Determine the gross income for each parent under section 518.54, subdivision 18.

 

      (c) Using the guideline as established in section 518.725, determine the basic child support obligation for the nonjoint child or children who actually reside in the parent's household, by using the gross income of the parent for whom the credit is being calculated, and using the number of nonjoint children actually in the parent's immediate household. If the number of nonjoint children to be used for the determination is greater than two, the determination shall be made using the number two instead of the greater number.

 

      (d) The credit for nonjoint children shall be 50 percent of the guideline amount from paragraph (c).

 

      Sec. 21. [518.718] [SOCIAL SECURITY OR VETERANS' BENEFIT PAYMENTS RECEIVED ON BEHALF OF THE CHILD.]

 

      (a) The amount of the monthly Social Security benefits or apportioned veterans' benefits received by the child or on behalf of the child shall be added to the gross income of the parent for whom the disability or retirement benefit was paid.

 

      (b) The amount of the monthly survivors' and dependents' educational assistance received by the child or on behalf of the child shall be added to the gross income of the parent for whom the disability or retirement benefit was paid.

 

      (c) If the Social Security or apportioned veterans' benefits are paid on behalf of the obligor, and are received by the obligee as a representative payee for the child or by the child attending school, then the amount of the benefits may also be subtracted from the obligor's net child support obligation as calculated pursuant to section 518.713.

 

      (d) If the survivors' and dependents' educational assistance is paid on behalf of the obligor, and is received by the obligee as a representative payee for the child or by the child attending school, then the amount of the assistance shall also be subtracted from the obligor's net child support obligation as calculated pursuant to section 518.713.

 

      Sec. 22. [518.719] [MEDICAL SUPPORT.]

 

      Subdivision 1. [DEFINITIONS.] The definitions in this subdivision apply to sections 518.54 to 518.773.

 

      (a) "Health care coverage" means health care benefits that are provided by a health plan. Health care coverage does not include any form of medical assistance under chapter 256B or MinnesotaCare under chapter 256L.

 

      (b) "Health carrier" means a carrier as defined in sections 62A.011, subdivision 2, and 62L.02, subdivision 16.

 

      (c) "Health plan" means a plan meeting the definition under section 62A.011, subdivision 3, a group health plan governed under the federal Employee Retirement Income Security Act of 1974 (ERISA), a self-insured plan under sections 43A.23 to 43A.317 and 471.617, or a policy, contract, or certificate issued by a community-integrated service network licensed under chapter 62N. Health plan includes plans:

 

      (1) provided on an individual and group basis;


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                (2) provided by an employer or union;

 

      (3) purchased in the private market; and

 

      (4) available to a person eligible to carry insurance for the joint child.

 

Health plan includes a plan providing for dependent-only dental or vision coverage and a plan provided through a party's spouse or parent.

 

      (d) "Medical support" means providing health care coverage for a joint child by carrying health care coverage for the joint child or by contributing to the cost of health care coverage, public coverage, unreimbursed medical expenses, and uninsured medical expenses of the joint child.

 

      (e) "National medical support notice" means an administrative notice issued by the public authority to enforce health insurance provisions of a support order in accordance with Code of Federal Regulations, title 45, section 303.32, in cases where the public authority provides support enforcement services.

 

      (f) "Public coverage" means health care benefits provided by any form of medical assistance under chapter 256B or MinnesotaCare under chapter 256L.

 

      (g) "Uninsured medical expenses" means a joint child's reasonable and necessary health-related expenses if the joint child is not covered by a health plan or public coverage when the expenses are incurred.

 

      (h) "Unreimbursed medical expenses" means a joint child's reasonable and necessary health-related expenses if a joint child is covered by a health plan or public coverage and the plan or coverage does not pay for the total cost of the expenses when the expenses are incurred. Unreimbursed medical expenses do not include the cost of premiums. Unreimbursed medical expenses include, but are not limited to, deductibles, co-payments, and expenses for orthodontia, and prescription eyeglasses and contact lenses, but not over-the-counter medications if coverage is under a health plan.

 

      Subd. 2. [ORDER.] (a) A completed national medical support notice issued by the public authority or a court order that complies with this section is a qualified medical child support order under the federal Employee Retirement Income Security Act of 1974 (ERISA), United States Code, title 29, section 1169(a).

 

      (b) Every order addressing child support must state:

 

      (1) the names, last known addresses, and Social Security numbers of the parents and the joint child that is a subject of the order unless the court prohibits the inclusion of an address or Social Security number and orders the parents to provide the address and Social Security number to the administrator of the health plan;

 

      (2) whether appropriate health care coverage for the joint child is available and, if so, state:

 

      (i) which party must carry health care coverage;

 

      (ii) the cost of premiums and how the cost is allocated between the parties;

 

      (iii) how unreimbursed expenses will be allocated and collected by the parties; and

 

      (iv) the circumstances, if any, under which the obligation to provide health care coverage for the joint child will shift from one party to the other;


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                (3) if appropriate health care coverage is not available for the joint child, whether a contribution for medical support is required; and

 

      (4) whether the amount ordered for medical support is subject to a cost-of-living adjustment under section 518.641.

 

      Subd. 3. [DETERMINING APPROPRIATE HEALTH CARE COVERAGE.] (a) In determining whether a party has appropriate health care coverage for the joint child, the court must evaluate the health plan using the following factors:

 

      (1) accessible coverage. Dependent health care coverage is accessible if the covered joint child can obtain services from a health plan provider with reasonable effort by the parent with whom the joint child resides. Health care coverage is presumed accessible if:

 

      (i) primary care coverage is available within 30 minutes or 30 miles of the joint child's residence and specialty care coverage is available within 60 minutes or 60 miles of the joint child's residence;

 

      (ii) the coverage is available through an employer and the employee can be expected to remain employed for a reasonable amount of time; and

 

      (iii) no preexisting conditions exist to delay coverage unduly;

 

      (2) comprehensive coverage. Dependent health care coverage is comprehensive if it includes, at a minimum, medical and hospital coverage and provides for preventive, emergency, acute, and chronic care. If both parties have health care coverage that meets the minimum requirements, the court must determine which health care coverage is more comprehensive by considering whether the coverage includes:

 

      (i) basic dental coverage;

 

      (ii) orthodontia;

 

      (iii) eyeglasses;

 

      (iv) contact lenses;

 

      (v) mental health services; or

 

      (vi) substance abuse treatment;

 

      (3) affordable coverage. Dependent health care coverage is affordable if it is reasonable in cost; and

 

      (4) the joint child's special medical needs, if any.

 

      (b) If both parties have health care coverage available for a joint child, and the court determines under paragraph (a), clauses (1) and (2), that the available coverage is comparable with regard to accessibility and comprehensiveness, the least costly health care coverage is the presumed appropriate health care coverage for the joint child.


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                Subd. 4. [ORDERING HEALTH CARE COVERAGE.] (a) If a joint child is presently enrolled in health care coverage, the court must order that the parent who currently has the joint child enrolled continue that enrollment unless the parties agree otherwise or a party requests a change in coverage and the court determines that other health care coverage is more appropriate.

 

      (b) If a joint child is not presently enrolled in health care coverage, upon motion of a party or the public authority, the court must determine whether one or both parties have appropriate health care coverage for the joint child and order the party with appropriate health care coverage available to carry the coverage for the joint child.

 

      (c) If only one party has appropriate health care coverage available, the court must order that party to carry the coverage for the joint child.

 

      (d) If both parties have appropriate health care coverage available, the court must order the parent with whom the joint child resides to carry the coverage for the joint child, unless:

 

      (1) either party expresses a preference for coverage available through the parent with whom the joint child does not reside;

 

      (2) the parent with whom the joint child does not reside is already carrying dependent health care coverage for other children and the cost of contributing to the premiums of the other parent's coverage would cause the parent with whom the joint child does not reside extreme hardship; or

 

      (3) the parents agree to provide coverage and agree on the allocation of costs.

 

      (e) If the exception in paragraph (d), clause (1) or (2), applies, the court must determine which party has the most appropriate coverage available and order that party to carry coverage for the joint child. If the court determines under subdivision 3, paragraph (a), clauses (1) and (2), that the parties' health care coverage for the joint child is comparable with regard to accessibility and comprehensiveness, the court must presume that the party with the least costly health care coverage to carry coverage for the joint child.

 

      (f) If neither party has appropriate health care coverage available, the court must order the parents to:

 

      (1) contribute toward the actual health care costs of the joint children based on a pro rata share; or

 

      (2) if the joint child is receiving any form of medical assistance under chapter 256B or MinnesotaCare under chapter 256L, the parent with whom the joint child does not reside shall contribute a monthly amount toward the actual cost of medical assistance under chapter 256B or MinnesotaCare under chapter 256L. The amount of contribution of the noncustodial parent is the amount the noncustodial parent would pay for the child's premiums if the noncustodial parent's income meets the eligibility requirements for public coverage. For purposes of determining the premium amount, the noncustodial parent's household size is equal to one parent plus the child or children who are the subject of the child support order. If the noncustodial parent's income exceeds the eligibility requirements for public coverage, the court must order the noncustodial parent's contribution toward the full premium cost of the child's or children's coverage. The custodial parent's obligation is determined under the requirements for public coverage as set forth in chapter 256B or 256L. The court may order the parent with whom the child resides to apply for public coverage for the child.

 

      (g) A presumption of no less than $50 per month must be applied to the actual health care costs of the joint children or to the cost of health care coverage.

 

      (h) The commissioner of human services must publish a table with the premium schedule for public coverage and update the chart for changes to the schedule by July 1 of each year.


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                Subd. 5. [MEDICAL SUPPORT COSTS; UNREIMBURSED AND UNINSURED MEDICAL EXPENSES.] (a) Unless otherwise agreed to by the parties and approved by the court, the court must order that the cost of health care coverage and all unreimbursed and uninsured medical expenses under the health plan be divided between the obligor and obligee based on their proportionate share of the parties' combined monthly PICS.

 

      (b) If a party owes a joint child support obligation for a child and is ordered to carry health care coverage for the joint child, and the other party is ordered to contribute to the carrying party's cost for coverage, the carrying party's child support payment must be reduced by the amount of the contributing party's contribution.

 

      (c) If a party owes a joint child support obligation for a child and is ordered to contribute to the other party's cost for carrying health care coverage for the joint child, the contributing party's child support payment must be increased by the amount of the contribution.

 

      (d) If the party ordered to carry health care coverage for the joint child already carries dependent health care coverage for other dependents and would incur no additional premium costs to add the joint child to the existing coverage, the court must not order the other party to contribute to the premium costs for coverage of the joint child.

 

      (e) If a party ordered to carry health care coverage for the joint child does not already carry dependent health care coverage but has other dependents who may be added to the ordered coverage, the full premium costs of the dependent health care coverage must be allocated between the parties in proportion to the party's share of the parties' combined PICS, unless the parties agree otherwise.

 

      (f) If a party ordered to carry health care coverage for the joint child is required to enroll in a health plan so that the joint child can be enrolled in dependent health care coverage under the plan, the court must allocate the costs of the dependent health care coverage between the parties. The costs of the health care coverage for the party ordered to carry the coverage for the joint child must not be allocated between the parties.

 

      Subd. 6. [NOTICE OR COURT ORDER SENT TO PARTY'S EMPLOYER, UNION, OR HEALTH CARRIER.] (a) The public authority must forward a copy of the national medical support notice or court order for health care coverage to the party's employer within two business days after the date the party is entered into the work reporting system under section 256.998.

 

      (b) The public authority or a party seeking to enforce an order for health care coverage must forward a copy of the national medical support notice or court order to the obligor's employer or union, or to the health carrier under the following circumstances:

 

      (1) the party ordered to carry health care coverage for the joint child fails to provide written proof to the other party or the public authority, within 30 days of the effective date of the court order, that the party has applied for health care coverage for the joint child;

 

      (2) the party seeking to enforce the order or the public authority gives written notice to the party ordered to carry health care coverage for the joint child of its intent to enforce medical support. The party seeking to enforce the order or public authority must mail the written notice to the last known address of the party ordered to carry health care coverage for the joint child; and

 

      (3) the party ordered to carry health care coverage for the joint child fails, within 15 days after the date on which the written notice under clause (2) was mailed, to provide written proof to the other party or the public authority that the party has applied for health care coverage for the joint child.


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                (c) The public authority is not required to forward a copy of the national medical support notice or court order to the obligor's employer or union, or to the health carrier, if the court orders health care coverage for the joint child that is not employer-based or union-based coverage.

 

      Subd. 7. [EMPLOYER OR UNION REQUIREMENTS.] (a) An employer or union must forward the national medical support notice or court order to its health plan within 20 business days after the date on the national medical support notice or after receipt of the court order.

 

      (b) Upon determination by an employer's or union's health plan administrator that a joint child is eligible to be covered under the health plan, the employer or union and health plan must enroll the joint child as a beneficiary in the health plan, and the employer must withhold any required premiums from the income or wages of the party ordered to carry health care coverage for the joint child.

 

      (c) If enrollment of the party ordered to carry health care coverage for a joint child is necessary to obtain dependent health care coverage under the plan, and the party is not enrolled in the health plan, the employer or union must enroll the party in the plan.

 

      (d) Enrollment of dependents and, if necessary, the party ordered to carry health care coverage for the joint child must be immediate and not dependent upon open enrollment periods. Enrollment is not subject to the underwriting policies under section 62A.048.

 

      (e) Failure of the party ordered to carry health care coverage for the joint child to execute any documents necessary to enroll the dependent in the health plan does not affect the obligation of the employer or union and health plan to enroll the dependent in a plan. Information and authorization provided by the public authority, or by a party or guardian, is valid for the purposes of meeting enrollment requirements of the health plan.

 

      (f) An employer or union that is included under the federal Employee Retirement Income Security Act of 1974 (ERISA), United States Code, title 29, section 1169(a), may not deny enrollment to the joint child or to the parent if necessary to enroll the joint child based on exclusionary clauses described in section 62A.048.

 

      (g) A new employer or union of a party who is ordered to provide health care coverage for a joint child must enroll the joint child in the party's health plan as required by a national medical support notice or court order.

 

      Subd. 8. [HEALTH PLAN REQUIREMENTS.] (a) If a health plan administrator receives a completed national medical support notice or court order, the plan administrator must notify the parties, and the public authority if the public authority provides support enforcement services, within 40 business days after the date of the notice or after receipt of the court order, of the following:

 

      (1) whether coverage is available to the joint child under the terms of the health plan and, if not, the reason why coverage is not available;

 

      (2) whether the joint child is covered under the health plan;

 

      (3) the effective date of the joint child's coverage under the health plan; and

 

      (4) what steps, if any, are required to effectuate the joint child's coverage under the health plan.

 

      (b) If the employer or union offers more than one plan and the national medical support notice or court order does not specify the plan to be carried, the plan administrator must notify the parents and the public authority if the public authority provides support enforcement services. When there is more than one option available under the plan, the public authority, in consultation with the parent with whom the joint child resides, must promptly select from available plan options.


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                (c) The plan administrator must provide the parents and public authority, if the public authority provides support enforcement services, with a notice of the joint child's enrollment, description of the coverage, and any documents necessary to effectuate coverage.

 

      (d) The health plan must send copies of all correspondence regarding the health care coverage to the parents.

 

      (e) An insured joint child's parent's signature is a valid authorization to a health plan for purposes of processing an insurance reimbursement payment to the medical services provider or to the parent, if medical services have been prepaid by that parent.

 

      Subd. 9. [EMPLOYER OR UNION LIABILITY.] (a) An employer or union that willfully fails to comply with the order or notice is liable for any uninsured medical expenses incurred by the dependents while the dependents were eligible to be enrolled in the health plan and for any other premium costs incurred because the employer or union willfully failed to comply with the order or notice.

 

      (b) An employer or union that fails to comply with the order or notice is subject to a contempt finding, a $250 civil penalty under section 518.615, and is subject to a civil penalty of $500 to be paid to the party entitled to reimbursement or the public authority. Penalties paid to the public authority are designated for child support enforcement services.

 

      Subd. 10. [CONTESTING ENROLLMENT.] (a) A party may contest a joint child's enrollment in a health plan on the limited grounds that the enrollment is improper due to mistake of fact or that the enrollment meets the requirements of section 518.145.

 

      (b) If the party chooses to contest the enrollment, the party must do so no later than 15 days after the employer notifies the party of the enrollment by doing the following:

 

      (1) filing a motion in district court or according to section 484.702 and the expedited child support process rules if the public authority provides support enforcement services;

 

      (2) serving the motion on the other party and public authority if the public authority provides support enforcement services; and

 

      (3) securing a date for the matter to be heard no later than 45 days after the notice of enrollment.

 

      (c) The enrollment must remain in place while the party contests the enrollment.

 

      Subd. 11. [DISENROLLMENT; CONTINUATION OF COVERAGE; COVERAGE OPTIONS.] (a) Unless a court order provides otherwise, a child for whom a party is required to provide health care coverage under this section must be covered as a dependent of the party until the child is emancipated, until further order of the court, or as consistent with the terms of the coverage.

 

      (b) The health carrier, employer, or union may not disenroll or eliminate coverage for the child unless:

 

      (1) the health carrier, employer, or union is provided satisfactory written evidence that the court order is no longer in effect;

 

      (2) the joint child is or will be enrolled in comparable health care coverage through another health plan that will take effect no later than the effective date of the disenrollment;

 

      (3) the employee is no longer eligible for dependent coverage; or


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                (4) the required premium has not been paid by or on behalf of the joint child.

 

      (c) The health plan must provide 30 days' written notice to the joint child's parents, and the public authority if the public authority provides support enforcement services, before the health plan disenrolls or eliminates the joint child's coverage.

 

      (d) A joint child enrolled in health care coverage under a qualified medical child support order, including a national medical support notice, under this section is a dependent and a qualified beneficiary under the Consolidated Omnibus Budget and Reconciliation Act of 1985 (COBRA), Public Law 99-272. Upon expiration of the order, the joint child is entitled to the opportunity to elect continued coverage that is available under the health plan. The employer or union must provide notice to the parties and the public authority, if it provides support services, within ten days of the termination date.

 

      (e) If the public authority provides support enforcement services and a plan administrator reports to the public authority that there is more than one coverage option available under the health plan, the public authority, in consultation with the parent with whom the joint child resides, must promptly select coverage from the available options.

 

      Subd. 12. [SPOUSAL OR FORMER SPOUSAL COVERAGE.] The court must require the parent with whom the joint child does not reside to provide dependent health care coverage for the benefit of the parent with whom the joint child resides if the parent is ordered to provide dependent health care coverage for the parties' joint child and adding the other parent to the coverage results in no additional premium cost.

 

      Subd. 13. [DISCLOSURE OF INFORMATION.] (a) If the public authority provides support enforcement services, the parties must provide the public authority with the following information:

 

      (1) information relating to dependent health care coverage or public coverage available for the benefit of the joint child for whom support is sought, including all information required to be included in a medical support order under this section;

 

      (2) verification that application for court-ordered health care coverage was made within 30 days of the court's order; and

 

      (3) the reason that a joint child is not enrolled in court-ordered health care coverage, if a joint child is not enrolled in coverage or subsequently loses coverage.

 

      (b) Upon request from the public authority under section 256.978, an employer, union, or plan administrator, including an employer subject to the federal Employee Retirement Income Security Act of 1974 (ERISA), United States Code, title 29, section 1169(a), must provide the public authority the following information:

 

      (1) information relating to dependent health care coverage available to a party for the benefit of the joint child for whom support is sought, including all information required to be included in a medical support order under this section; and

 

      (2) information that will enable the public authority to determine whether a health plan is appropriate for a joint child, including, but not limited to, all available plan options, any geographic service restrictions, and the location of service providers.

 

      (c) The employer, union, or plan administrator must not release information regarding one party to the other party. The employer, union, or plan administrator must provide both parties with insurance identification cards and all necessary written information to enable the parties to utilize the insurance benefits for the covered dependent.


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                (d) The public authority is authorized to release to a party's employer, union, or health plan information necessary to verify availability of dependent health care coverage, or to establish, modify, or enforce medical support.

 

      (e) An employee must disclose to an employer if medical support is required to be withheld under this section and the employer must begin withholding according to the terms of the order and under section 518.6111. If an employee discloses an obligation to obtain health care coverage and coverage is available through the employer, the employer must make all application processes known to the individual and enroll the employee and dependent in the plan.

 

      Subd. 14. [CHILD SUPPORT ENFORCEMENT SERVICES.] The public authority must take necessary steps to establish and enforce an order for medical support if the joint child receives public assistance or a party completes an application for services from the public authority under section 518.551, subdivision 7.

 

      Subd. 15. [ENFORCEMENT.] (a) Remedies available for collecting and enforcing child support apply to medical support.

 

      (b) For the purpose of enforcement, the following are additional support:

 

      (1) the costs of individual or group health or hospitalization coverage;

 

      (2) dental coverage;

 

      (3) medical costs ordered by the court to be paid by either party, including health and dental insurance premiums paid by the obligee because of the obligor's failure to obtain coverage as ordered; and

 

      (4) liabilities established under this subdivision.

 

      (c) A party who fails to carry court-ordered dependent health care coverage is liable for the joint child's uninsured medical expenses unless a court order provides otherwise. A party's failure to carry court-ordered coverage, or to provide other medical support as ordered, is a basis for modification of a support order under section 518.64, subdivision 2.

 

      (d) Payments by the health carrier or employer for services rendered to the dependents that are directed to a party not owed reimbursement must be endorsed over to and forwarded to the vendor or appropriate party or the public authority. A party retaining insurance reimbursement not owed to the party is liable for the amount of the reimbursement.

 

      Subd. 16. [INCOME WITHHOLDING; OFFSET.] (a) If a party owes no joint child support obligation for a child and is an obligor ordered to contribute to the other party's cost for carrying health care coverage for the joint child, the obligor is subject to an offset under subdivision 5 or income withholding under section 518.6111.

 

      (b) If a party's court-ordered health care coverage for the joint child terminates and the joint child is not enrolled in other health care coverage or public coverage, and a modification motion is not pending, the public authority may remove the offset to a party's child support obligation or terminate income withholding instituted against a party under section 518.6111. The public authority must provide notice to the parties of the action.

 

      (c) A party may contest the public authority's action to remove the offset to the child support obligation or terminate income withholding if the party makes a written request for a hearing within 30 days after receiving written notice. If a party makes a timely request for a hearing, the public authority must schedule a hearing and send written notice of the hearing to the parties by mail to the parties' last known addresses at least 14 days before the


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hearing. The hearing must be conducted in district court or in the expedited child support process if section 484.702 applies. The district court or child support magistrate must determine whether removing the offset or terminating income withholding is appropriate and, if appropriate, the effective date for the removal or termination.

 

      (d) If the party does not request a hearing, the district court or child support magistrate must order the offset or income withholding termination effective the first day of the month following termination of the joint child's health care coverage.

 

      Subd. 17. [COLLECTING UNREIMBURSED AND UNINSURED MEDICAL EXPENSES.] (a) A party must initiate a request for reimbursement of unreimbursed and uninsured medical expenses within two years of the date that the party incurred the unreimbursed or uninsured medical expenses. The time period in this paragraph does not apply if the location of the other party is unknown.

 

      (b) A party seeking reimbursement of unreimbursed and uninsured medical expenses must mail a written notice of intent to collect the expenses and a copy of an affidavit of health care expenses to the other party at the other party's last known address.

 

      (c) The written notice must include a statement that the party has 30 days from the date the notice was mailed to (1) pay in full; (2) enter a payment agreement; or (3) file a motion requesting a hearing contesting the matter. If the public authority provides support enforcement services, the written notice also must include a statement that the requesting party must submit the amount due to the public authority for collection.

 

      (d) The affidavit of health care expenses must itemize and document the joint child's unreimbursed or uninsured medical expenses and include copies of all bills, receipts, and insurance company explanations of benefits.

 

      (e) If the public authority provides support enforcement services, the party seeking reimbursement must send to the public authority a copy of the written notice, the original affidavit, and copies of all bills, receipts, and insurance company explanations of benefits.

 

      (f) If the party does not respond to the request for reimbursement within 30 days, the party seeking reimbursement or public authority, if the public authority provides support enforcement services, must commence an enforcement action against the party under subdivision 18.

 

      (g) The public authority must serve the other party with a notice of intent to enforce unreimbursed and uninsured medical expenses and file an affidavit of service by mail with the district court administrator. The notice must state that, unless the party (1) pays in full; (2) enters into a payment agreement; or (3) files a motion contesting the matter within 14 days of service of the notice, the public authority will commence enforcement of the expenses as medical support arrears under subdivision 18.

 

      (h) If the party files a timely motion for a hearing contesting the requested reimbursement, the contesting party must schedule a hearing in district court or in the expedited child support process if section 484.702 applies. The contesting party must provide the party seeking reimbursement and the public authority, if the public authority provides support enforcement services, with written notice of the hearing at least 14 days before the hearing by mailing notice of the hearing to the public authority and the party at the party's last known address. The party seeking reimbursement must file the original affidavit of health care expenses with the court at least five days before the hearing. Based upon the evidence presented, the district court or child support magistrate must determine liability for the expenses and order that the liable party is subject to enforcement of the expenses as medical support arrears under subdivision 18.


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                Subd. 18. [ENFORCING AN ORDER FOR MEDICAL SUPPORT ARREARS.] (a) If a party liable for unreimbursed and uninsured medical expenses owes a child support obligation to the party seeking reimbursement of the expenses, the expenses must be collected as medical support arrears.

 

      (b) If a party liable for unreimbursed and uninsured medical expenses does not owe a child support obligation to the party seeking reimbursement, and the party seeking reimbursement owes the liable party basic support arrears, the liable party's medical support arrears must be deducted from the amount of the basic support arrears.

 

      (c) If a liable party owes medical support arrears after deducting the amount owed from the amount of the child support arrears owed by the party seeking reimbursement, it must be collected as follows:

 

      (1) if the party seeking reimbursement owes a child support obligation to the liable party, the child support obligation must be reduced by 20 percent until the medical support arrears are satisfied;

 

      (2) if the party seeking reimbursement does not owe a child support obligation to the liable party, the liable party's income must be subject to income withholding under section 518.6111 for an amount required under section 518.553 until the medical support arrears are satisfied; or

 

      (3) if the party seeking reimbursement does not owe a child support obligation, and income withholding under section 518.6111 is not available, payment of the medical support arrears must be required under a payment agreement under section 518.553.

 

      (d) If a liable party fails to enter into or comply with a payment agreement, the party seeking reimbursement or the public authority, if it provides support enforcement services, may schedule a hearing to have a court order payment. The party seeking reimbursement or the public authority must provide the liable party with written notice of the hearing at least 14 days before the hearing.

 

      Sec. 23. [518.72] [CHILD CARE SUPPORT.]

 

      Subdivision 1. [CHILD CARE COSTS.] Unless otherwise agreed to by the parties and approved by the court, the court must order that work-related or education-related child care costs of joint children be divided between the obligor and obligee based on their proportionate share of the parties' combined monthly parental income for determining child support. Child care costs shall be adjusted by the amount of the estimated federal and state child care credit payable on behalf of a joint child. The Department of Human Services shall develop tables to calculate the applicable credit based upon the custodial parent's parental income for determining child support.

 

      Subd. 2. [LOW-INCOME OBLIGOR.] (a) If the obligor's parental income for determining child support meets the income eligibility requirements for child care assistance under the basic sliding fee program under chapter 119B, the court must order the obligor to pay the lesser of the following amounts:

 

      (1) the amount of the obligor's monthly co-payment for child care assistance under the basic sliding fee schedule established by the commissioner of education under chapter 119B, based on an obligor's monthly parental income for determining child support and the size of the obligor's household provided that the obligee is actually receiving child care assistance under the basic sliding fee program. For purposes of this subdivision, the obligor's household includes the obligor and the number of joint children for whom child support is being ordered; or

 

      (2) the amount of the obligor's child care obligation under subdivision 1.

 

      (b) The commissioner of human services must publish a table with the child care assistance basic sliding fee amounts and update the table for changes to the basic sliding fee schedule by July 1 of each year.


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                Subd. 3. [DETERMINING COSTS.] (a) The court must require verification of employment or school attendance and documentation of child care expenses from the obligee and the public authority, if applicable.

 

      (b) If child care expenses fluctuate during the year because of the obligee's seasonal employment or school attendance or extended periods of parenting time with the obligor, the court must determine child care expenses based on an average monthly cost.

 

      (c) The amount allocated for child care expenses is considered child support but is not subject to a cost-of-living adjustment under section 518.641.

 

      (d) The court may allow the parent with whom the joint child does not reside to care for the joint child while the parent with whom the joint child resides is working or attending school, as provided in section 518.175, subdivision 8. Allowing the parent with whom the joint child does not reside to care for the joint child under section 518.175, subdivision 8, is not a reason to deviate from the guidelines.

 

      Subd. 4. [CHANGE IN CHILD CARE.] (a) When a court order provides for child care expenses and the public authority provides child support enforcement services, the public authority must suspend collecting the amount allocated for child care expenses when:

 

      (1) either party informs the public authority that no child care costs are being incurred; and

 

      (2) the public authority verifies the accuracy of the information with the other party.

 

The public authority will resume collecting child care expenses when either party provides information that child care costs have resumed.

 

      (b) If the parties provide conflicting information to the public authority regarding whether child care expenses are being incurred, the public authority will continue or resume collecting child care expenses. Either party, by motion to the court, may challenge the suspension or resumption of the collection of child care expenses. If the public authority suspends collection activities for the amount allocated for child care expenses, all other provisions of the court order remain in effect.

 

      (c) In cases where there is a substantial increase or decrease in child care expenses, the parties may modify the order under section 518.64.

 

      Sec. 24. [518.722] [PARENTING EXPENSE ADJUSTMENT.]

 

      (a) This section shall apply when the amount of parenting time granted to an obligor is ten percent or greater. Every child support order shall specify the total percent of parenting time granted to each parent.

 

      (b) The obligor shall be entitled to a parenting expense adjustment calculated as follows:

 

      (1) find the adjustment percentage corresponding to the percentage of parenting time allowed to the obligor below:

 

                                                                 Percentage Range of                          Adjustment

                                                                 Parenting Time                                    Percentage

                                                    (i)        less than 10 percent                           no adjustment

                                                   (ii)        10 percent to 45 percent                   12 percent

                                                  (iii)        45.1 percent to 50 percent                presume parenting

                                                                                                                                 time is equal


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                (2) multiply the adjustment percentage by the obligor's basic child support obligation to arrive at the parenting expense adjustment.

 

      (c) Subtract the parenting expense adjustment from the obligor's basic child support obligation. The result is the obligor's obligation after parenting expense adjustment.

 

      (d) If the parenting time is equal, the expenses for the children are equally shared, and the parental incomes for determining child support of the parents also are equal, no support shall be paid.

 

      (e) If the parenting time is equal but the parents' parental incomes for determining child support are not equal, the parent having the greater parental income for determining child support shall be obligated for basic child support, calculated as follows:

 

      (1) multiply the combined basic support by 1.5;

 

      (2) prorate the basic child support obligation between the parents, subtract the lower amount from the higher amount and divide the balance in half; and

 

      (3) the resulting figure is the obligation after parenting expense adjustment for the parent with the greater adjusted gross income.

 

      (f) This parenting expense adjustment reflects the presumption that while exercising parenting time, a parent is responsible for and incurs costs of caring for the child, including, but not limited to, food, transportation, recreation, and household expenses.

 

      (g) In the absence of other evidence, there is a rebuttable presumption that each parent has 25 percent of the parenting time for each joint child.

 

      Sec. 25. [518.724] [ABILITY TO PAY; SELF-SUPPORT ADJUSTMENT.]

 

      It is a rebuttable presumption that a child support order should not exceed the obligor's ability to pay. To determine the amount of child support the obligor has the ability to pay, follow the procedure set out in this section:

 

      (1) calculate the obligor's income available for support by subtracting a monthly self-support reserve equal to 120 percent of the federal poverty guidelines for one person from the obligor's gross income;

 

      (2) compare the obligor's income available for support from clause (1) to the amount of support calculated as per section 518.713, clauses (1) to (15). The amount of child support that is presumed to be correct, as defined in section 518.713, is the lesser of these two amounts;

 

      (3) this section does not apply to an incarcerated obligor;

 

      (4) if the obligor's child support is reduced under clause (2), then the court must apply the reduction to the child support obligation in the following order:

 

      (i) medical support obligation;

 

      (ii) child support care obligation; and

 

      (iii) basic support obligation; and


Journal of the House - 66th Day - Monday, May 23, 2005 - Top of Page 5014


                (5) [MINIMUM BASIC SUPPORT AMOUNT.] if the obligor's income available for support is less than the self-support reserve, then the court must order minimum support as follows:

 

      (i) for one or two children, the obligor's basic support obligation is $50 per month;

 

      (ii) for three or four children, the obligor's basic support obligation is $75 per month; and

 

      (iii) for five or more children, the obligor's basic support obligation is $100 per month.

 

If the court orders the obligor to pay the minimum basic support amount under this paragraph, the obligor is presumed unable to pay child care support and medical support.

 

If the court finds the obligor receives no income and completely lacks the ability to earn income, the minimum basic support amount under this paragraph does not apply.

 

      Sec. 26. [518.725] [GUIDELINE USED IN CHILD SUPPORT DETERMINATIONS.]

 

      Subdivision 1. [DETERMINATION OF SUPPORT OBLIGATION.] (a) The guideline in this section is a rebuttable presumption and shall be used in any judicial or administrative proceeding to establish or modify a support obligation under chapter 518.

 

      (b) The basic child support obligation shall be determined by referencing the guideline for the appropriate number of joint children and the combined parental income for determining child support of the parents.

 

      (c) If a child is not in the custody of either parent and a support order is sought against one or both parents, the basic child support obligation shall be determined by referencing the guideline for the appropriate number of joint children, and the parent's individual parental income for determining child support, not the combined parental incomes for determining child support of the parents.

 

      (d) For combined parental incomes for determining child support exceeding $15,000 per month, the presumed basic child support obligations shall be as for parents with combined parental income for determining child support of $15,000 per month. A basic child support obligation in excess of this level may be demonstrated for those reasons set forth in section 518.714.

 

      Subd. 2. [BASIC SUPPORT; GUIDELINE.] Unless otherwise agreed to by the parents and approved by the court, when establishing basic support, the court must order that basic support be divided between the parents based on their proportionate share of the parents' combined monthly parental income for determining child support, as determined under section 518.712, subdivision 8. Basic support must be computed using the following guideline:

 

      Combined Parental                                                                  Number of Children

      Income for

      Determining

      Child Support                              One                  Two             Three                Four               Five                 Six

 

       $0-               $799                        $50                   $50                $75                $75              $100              $100

       800-              899                          80                   129                149                173                201                233

       900-              999                          90                   145                167                194                226                262

      1,000-        1,099                        116                   161                186                216                251                291

      1,100-        1,199                        145                   205                237                275                320                370

      1,200-        1,299                        177                   254                294                341                396                459

      1,300-        1,399                        212                   309                356                414                480                557


Journal of the House - 66th Day - Monday, May 23, 2005 - Top of Page 5015


                1,400-    1,499     251        368        425        493        573        664

      1,500-        1,599                        292                   433                500                580                673                780

      1,600-        1,699                        337                   502                580                673                781                905

      1,700-        1,799                        385                   577                666                773                897              1,040

      1,800-        1,899                        436                   657                758                880              1,021              1,183

      1,900-        1,999                        490                   742                856                994              1,152              1,336

      2,000-        2,099                        516                   832                960              1,114              1,292              1,498

      2,100-        2,199                        528                   851                981              1,139              1,320              1,531

      2,200-        2,299                        538                   867              1,000              1,160              1,346              1,561

      2,300-        2,399                        546                   881              1,016              1,179              1,367              1,586

      2,400-        2,499                        554                   893              1,029             1,195              1,385              1,608

      2,500-        2,599                        560                   903              1,040              1,208             1,400              1,625

      2,600-        2,699                        570                   920              1,060              1,230              1,426              1,655

      2,700-        2,799                        580                   936              1,078              1,251              1,450              1,683

      2,800-        2,899                        589                   950              1,094              1,270              1,472              1,707

      2,900-        2,999                        596                   963              1,109              1,287              1,492              1,730

      3,000-        3,099                        603                   975              1,122              1,302              1,509             1,749

      3,100-        3,199                        613                   991              1,141              1,324              1,535              1,779

      3,200-        3,299                        623                1,007              1,158              1,344              1,558              1,807

      3,300-        3,399                        632                1,021              1,175              1,363              1,581              1,833

      3,400-        3,499                        640                1,034              1,190              1,380              1,601              1,857

      3,500-        3,599                        648                1,047              1,204              1,397              1,621              1,880

      3,600-        3,699                        657                1,062              1,223              1,418              1,646              1,909

      3,700-        3,799                        667                1,077              1,240              1,439              1,670              1,937

      3,800-        3,899                        676                1,018              1,257              1,459              1,693              1,963

      3,900-        3,999                        684                1,104              1,273              1,478              1,715              1,988

      4,000-        4,099                        692                1,116              1,288              1,496              1,736              2,012

      4,100-        4,199                        701                1,132              1,305              1,516              1,759              2,039

      4,200-        4,299                        710                1,147              1,322              1,536              1,781              2,064

      4,300-        4,399                        718                1,161              1,338              1,554              1,802              2,088

      4,400-        4,499                        726                1,175              1,353              1,572              1,822              2,111

4,500-        4,599                        734                1,184              1,368              1,589              1,841              2,133

      4,600-        4,699                        743                1,200              1,386              1,608              1,864              2,160

      4,700-        4,799                        753                1,215              1,402              1,627              1,887              2,186

      4,800-        4,899                        762                1,231              1,419              1,645              1,908              2,212

      4,900-        4,999                        771               1,246              1,435              1,663              1,930              2,236

5,000-        5,099                        780                1,260              1,450              1,680              1,950              2,260

      5,100-        5,199                        788                1,275              1,468              1,701              1,975              2,289

      5,200-        5,299                        797               1,290              1,485              1,722              1,999              2,317

      5,300-        5,399                        805                1,304              1,502              1,743              2,022              2,345

      5,400-        5,499                        812                1,318              1,518              1,763              2,046              2,372

      5,500-        5,599                        820                1,331              1,535              1,782              2,068              2,398

      5,600-        5,699                        829                1,346              1,551              1,801              2,090              2,424

      5,700-        5,799                        838                1,357              1,568              1,819              2,111              2,449

      5,800-        5,899                        847                1,376              1,583              1,837              2,132              2,473

      5,900-        5,999                        856                1,390              1,599              1,855              2,152              2,497

      6,000-        6,099                        864                1,404              1,614              1,872              2,172              2,520

      6,100-        6,199                        874                1,419              1,631              1,892              2,195              2,546

      6,200-        6,299                        883                1,433              1,645              1,912              2,217              2,572

      6,300-        6,399                        892                1,448              1,664              1,932              2,239              2,597

      6,400-        6,499                        901                1,462              1,682              1,951              2,260              2,621


Journal of the House - 66th Day - Monday, May 23, 2005 - Top of Page 5016


                6,500-    6,599     910         1,476      1,697      1,970      2,282      2,646

      6,600-        6,699                        919                1,490              1,713              1,989              2,305              2,673

      6,700-        6,799                        927                1,505              1,730              2,009              2,328              2,700

      6,800-        6,899                        936                1,519              1,746              2,028              2,350              2,727

      6,900-        6,999                        944                1,533              1,762              2,047              2,379              2,753

      7,000-        7,099                        952                1,547              1,778              2,065              2,394              2,779

      7,100-        7,199                        961                1,561              1,795              2,085              2,417              2,805

      7,200-        7,299                        971                1,574              1,812              2,104              2,439              2,830

      7,300-        7,399                        980                1,587              1,828              2,123              2,462              2,854

      7,400-        7,499                        989                1,600              1,844              2,142              2,483              2,879

      7,500-        7,599                        998                1,613              1,860              2,160              2,505              2,903

      7,600-        7,699                      1,006                1,628              1,877              2,180              2,528              2,929

      7,700-        7,799                      1,015                1,643              1,894              2,199              2,550              2,955

      7,800-        7,899                      1,023                1,658              1,911              2,218              2,572              2,981

      7,900-        7,999                      1,032                1,673              1,928              2,237              2,594              3,007

      8,000-        8,099                      1,040                1,688              1,944              2,256             2,616              3,032

      8,100-        8,199                      1,048                1,703              1,960              2,274              2,637              3,057

      8,200-        8,299                      1,056                1,717              1,976              2,293              2,658              3,082

      8,300-        8,399                      1,064                1,731             1,992              2,311              2,679              3,106

      8,400-        8,499                      1,072                1,746             2,008              2,328              2,700              3,130

      8,500-        8,599                      1,080                1,760             2,023              2,346              2,720              3,154

      8,600-        8,699                      1,092                1,780              2,047              2,374              2,752              3,191

      8,700-        8,799                      1,105                1,801              2,071             2,401              2,784              3,228

      8,800-        8,899                      1,118                1,822              2,094              2,429              2,816              3,265

      8,900-        8,999                      1,130                1,842              2,118              2,456              2,848              3,302

      9,000-        9,099                      1,143                1,863              2,142              2,484              2,880              3,339

      9,100-        9,199                      1,156                1,884              2,166              2,512              2,912              3,376

      9,200-        9,299                      1,168                1,904              2,190              2,539              2,944              3,413

      9,300-        9,399                      1,181                1,925              2,213              2,567              2,976              3,450

      9,400-        9,499                      1,194                1,946             2,237              2,594              3,008              3,487

      9,500-        9,599                      1,207                1,967              2,261              2,622              3,040              3,525

      9,600-        9,699                     1,219                1,987              2,285              2,650              3,072              3,562

      9,700-        9,799                      1,232                2,008              2,309              2,677              3,104              3,599

      9,800-        9,899                      1,245                2,029              2,332              2,705              3,136              3,636

      9,900-        9,999                      1,257               2,049              2,356              2,732              3,168              3,673

      10,000-    10,099                      1,270                2,070              2,380              2,760              3,200              3,710

      10,100-    10,199                      1,283                2,091              2,404              2,788              3,232              3,747

      10,200-    10,299                      1,295               2,111              2,428              2,815              3,264              3,784

      10,300-    10,399                      1,308               2,132              2,451             2,843              3,296              3,821

      10,400-    10,499                     1,321               2,153              2,475              2,870              3,328              3,858

      10,500-    10,599                      1,334               2,174              2,499              2,898              3,360              3,896

      10,600-    10,699                      1,346               2,194              2,523              2,926              3,392              3,933

      10,700-    10,799                      1,359                2,215              2,547              2,953              3,424              3,970

      10,800-    10,899                      1,372                2,236              2,570              2,981              3,456              4,007

      10,900-    10,999                      1,384                2,256              2,594              3,008              3,488              4,044

      11,000-    11,099                      1,397                2,277             2,618              3,036              3,520              4,081

      11,100-    11,199                      1,410                2,298              2,642             3,064              3,552              4,118

      11,200-    11,299                      1,422                2,318              2,666              3,091              3,584              4,155

      11,300-    11,399                      1,435                2,339              2,689              3,119              3,616              4,192

      11,400-    11,499                      1,448                2,360              2,713              3,146              3,648              4,229

      11,500-    11,599                      1,461                2,381              2,737              3,174              3,680              4,267


Journal of the House - 66th Day - Monday, May 23, 2005 - Top of Page 5017


                11,600-  11,699   1,473       2,401      2,761     3,202       3,712      4,304

      11,700-    11,799                      1,486                2,422              2,785              3,229              3,744              4,341

      11,800-    11,899                     1,499               2,443              2,808              3,257              3,776              4,378

      11,900-    11,999                      1,511                2,463              2,832              3,284             3,808              4,415

      12,000-    12,099                      1,524                2,484              2,856              3,312              3,840              4,452

      12,100-    12,199                      1,537                2,505              2,880              3,340              3,872              4,489

      12,200-    12,299                      1,549                2,525              2,904              3,367              3,904              4,526

      12,300-    12,399                      1,562                2,546              2,927              3,395              3,936              4,563

      12,400-    12,499                      1,575                2,567              2,951              3,422              3,968              4,600

      12,500-    12,599                      1,588                2,588              2,975              3,450              4,000              4,638

      12,600-    12,699                      1,600                2,608              2,999              3,478              4,032              4,675

      12,700-    12,799                      1,613                2,629              3,023              3,505              4,064              4,712

      12,800-    12,899                      1,626                2,650              3,046             3,533              4,096              4,749

      12,900-    12,999                      1,638                2,670              3,070              3,560              4,128              4,786

      13,000-    13,099                      1,651                2,691              3,094              3,588              4,160              4,823

      13,100-    13,199                      1,664                2,712              3,118              3,616              4,192              4,860

      13,200-    13,299                      1,676                2,732              3,142              3,643              4,224              4,897

      13,300-    13,399                      1,689                2,753              3,165              3,671              4,256              4,934

      13,400-    13,499                      1,702                2,774              3,189              3,698              4,288              4,971

      13,500-    13,599                      1,715                2,795              3,213              3,726              4,320              5,009

      13,600-    13,699                      1,727                2,815              3,237              3,754              4,352              5,046

      13,700-    13,799                      1,740                2,836              3,261              3,781              4,384              5,083

      13,800-    13,899                      1,753                2,857              3,284              3,809              4,416              5,120

      13,900-    13,999                      1,765                2,877              3,308              3,836              4,448              5,157

      14,000-    14,009                      1,778                2,898              3,332              3,864              4,480              5,194

      14,100-    14,199                      1,791                2,919              3,356              3,892              4,512              5,231

      14,200-    14,299                      1,803                2,939              3,380              3,919              4,544              5,268

      14,300-    14,399                      1,816                2,960              3,403              3,947              4,576              5,305

      14,400-    14,499                      1,829                2,981              3,427              3,974              4,608              5,342

      14,500-    14,599                      1,842                3,002              3,451              4,002              4,640              5,380

      14,600-    14,699                      1,854                3,022              3,475              4,030              4,672              5,417

      14,700-    14,799                      1,867                3,043              3,499              4,057              4,704              5,454

      14,800-    14,899                      1,880                3,064              3,522              4,085              4,736              5,491

      14,900-    14,999                      1,892                3,084              3,546             4,112              4,768              5,528

      15,000, or                                 1,905                3,105              3,570              4,140              4,800              5,565

      the amount

      in effect

      under subd. 4

 

      Subd. 3. [INCOME CAP ON DETERMINING BASIC SUPPORT.] (a) The basic support obligation for parents with a combined parental income for determining child support in excess of the income limit currently in effect under subdivision 2 must be the same dollar amount as provided for the parties with a combined parental income for determining child support equal to the income in effect under subdivision 2.

 

      (b) A court may order a basic support obligation in a child support order in an amount that exceeds the income limit in subdivision 2 if it finds that a child has a disability or other substantial, demonstrated need for the additional support for those reasons set forth in section 518.714 and that the additional support will directly benefit the child.

 

      (c) The dollar amount for the cap in subdivision 2 must be adjusted on July 1 of every even-numbered year to reflect cost-of-living changes. The Supreme Court must select the index for the adjustment from the indices listed in section 518.641, subdivision 1. The state court administrator must make the changes in the dollar amounts required by this paragraph available to courts and the public on or before April 30 of the year in which the amount is to change.


Journal of the House - 66th Day - Monday, May 23, 2005 - Top of Page 5018


                Subd. 4. [MORE THAN SIX CHILDREN.] If a child support proceeding involves more than six children, the court may derive a support order without specifically following the guidelines. However, the court must consider the basic principles encompassed by the guidelines and must consider both parents' needs, resources, and circumstances.

 

      Sec. 27. [518.729] [WORKSHEET.]

 

      The commissioner of human services must create and publish a worksheet to assist in calculating child support under sections 518.54 to 518.729. The worksheet must not impose substantive requirements other than requirements contained in sections 518.54 to 518.729. The commissioner must update the worksheet by July 1 of each year. The commissioner must make an interactive version of the worksheet available on the Department of Human Services Web site.

 

      Sec. 28. [STUDY OF ECONOMIC IMPACT OF CHILD SUPPORT GUIDELINES.]

 

      The commissioner of human services shall contract with a private provider to conduct an economic analysis of the child support guidelines contained in this act to evaluate whether the guidelines fairly represent the cost of raising children for the respective parental income levels, excluding medical support, child care, and education costs.

 

      The results of the study shall be completed by no later than January 30, 2006. The private provider must have experience in evaluating or establishing child support guidelines, using the income shares approach, in other states.

 

      Sec. 29. [INSTRUCTION TO THE REVISOR.]

 

      The revisor of statutes shall create in the first edition of or supplement to Minnesota Statutes published after June 30, 2005, a new chapter which shall be comprised of the provisions of Minnesota Statutes, chapter 518, that relate to the provision of support for children. The transferred provisions shall be arranged as follows:

 

      (1) definitions;

 

      (2) computations of basic support and the related calculations, adjustments, and guidelines that may affect the computations;

 

      (3) child care support;

 

      (4) medical support;

 

      (5) ability to pay and self-support reserves;

 

      (6) deviation factors; and

 

      (7) collection, administrative, and other matters.

 

      The new chapter shall be edited by the revisor in accordance with usual editorial practices as provided by Minnesota Statutes, section 3C.10. If the revisor determines that additional changes are necessary to assure the clarity and utility of the new chapter, the revisor shall draft and propose appropriate legislation to the legislature.

 

      [EFFECTIVE DATE.] This section is effective the day following final enactment.


Journal of the House - 66th Day - Monday, May 23, 2005 - Top of Page 5019


                Sec. 30. [APPROPRIATIONS.]

 

      $860,000 is appropriated in fiscal year 2006 from the general fund to the commissioner of human services to fund implementation of this act. $450,000 is appropriated in fiscal year 2007 from the general fund to the commissioner of human services to reimburse counties for their implementation costs. The commissioner of human services shall distribute funds to the counties for their costs of implementation based upon their total county IV-D caseload. The appropriation base in fiscal year 2008 for grants to counties shall be $450,000.

 

      $440,000 is appropriated in fiscal year 2007 from the general fund to the Supreme Court to fund implementation of this act. This is a onetime appropriation.

 

      Sec. 31. [REPEALER.]

 

      Minnesota Statutes 2004, sections 518.171; 518.54, subdivisions 2, 4, and 4a; and 518.551, subdivisions 1, 5a, 5c, and 5f, are repealed.

 

      Sec. 32. [EFFECTIVE DATE.]

 

      Except as otherwise provided, this act is effective January 1, 2007, and applies to orders adopted or modified after that date. Sections 1 to 3 of this act are effective July 1, 2005."

 

      Delete the title and insert:

 

      "A bill for an act relating to civil law; increasing fees related to marriage and child support; reforming law relating to child support; establishing criteria for support obligations; defining parents' rights and responsibilities; appropriating money; amending Minnesota Statutes 2004, sections 357.021, subdivisions 1a, 2; 518.005, by adding a subdivision; 518.54; 518.55, subdivision 4; 518.551, subdivisions 5, 5b; 518.64, subdivision 2, by adding subdivisions; 518.68, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 518; repealing Minnesota Statutes 2004, sections 518.171; 518.54, subdivisions 2, 4, 4a; 518.551, subdivisions 1, 5a, 5c, 5f."

 

 

      We request adoption of this report and repassage of the bill.

 

      Senate Conferees: Thomas M. Neuville, Don Betzold and Linda Berglin.

 

      House Conferees: Steve Smith, Rob Eastlund and Tim Mahoney.

 

 

      Smith moved that the report of the Conference Committee on S. F. No. 630 be adopted and that the bill be repassed as amended by the Conference Committee. The motion prevailed.

 

 

      S. F. No. 630, A bill for an act relating to civil law; increasing fees related to marriage and child support; reforming law relating to child support; establishing criteria for support obligations; defining parents' rights and responsibilities; appropriating money; amending Minnesota Statutes 2004, sections 357.021, subdivisions 1a, 2; 518.005, by adding a subdivision; 518.54; 518.55, subdivision 4; 518.551, subdivisions 5, 5b; 518.62; 518.64, subdivision 2, by adding subdivisions; 518.68, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 518; repealing Minnesota Statutes 2004, sections 518.171; 518.54, subdivisions 2, 4, 4a; 518.551, subdivisions 1, 5a, 5c, 5f.

 

 

      The bill was read for the third time, as amended by Conference, and placed upon its repassage.


Journal of the House - 66th Day - Monday, May 23, 2005 - Top of Page 5020


                The question was taken on the repassage of the bill and the roll was called. There were 127 yeas and 7 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Abrams

Anderson, B.

Anderson, I.

Atkins

Beard

Blaine

Bradley

Brod

Buesgens

Carlson

Charron

Clark

Cornish

Cox

Cybart

Davids

Davnie

Dean

DeLaForest

Demmer

Dempsey

Dill

Dittrich

Dorman

Dorn

Eastlund

Eken

Ellison

Emmer

Entenza

Erhardt

Erickson

Finstad

Fritz

Garofalo

Gazelka

Goodwin

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Heidgerken

Hilty

Holberg

Hoppe

Hortman

Hosch

Howes

Huntley

Jaros

Johnson, J.

Johnson, R.

Johnson, S.

Juhnke

Klinzing

Knoblach

Koenen

Kohls

Krinkie

Lanning

Larson

Latz

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Magnus

Mahoney

Mariani

Marquart

McNamara

Meslow

Moe

Mullery

Murphy

Nelson, M.

Nelson, P.

Newman

Nornes

Olson

Opatz

Otremba

Ozment

Paulsen

Pelowski

Penas

Peppin

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Powell

Rukavina

Ruth

Ruud

Sailer

Samuelson

Scalze

Seifert

Sertich

Severson

Sieben

Simon

Simpson

Slawik

Smith

Soderstrom

Solberg

Sykora

Thao

Thissen

Tingelstad

Urdahl

Vandeveer

Wagenius

Wardlow

Welti

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

      Those who voted in the negative were:

 


Bernardy

Hilstrom

Hornstein

Kahn

Kelliher

Paymar

Walker


 

 

      The bill was repassed, as amended by Conference, and its title agreed to.

 

 

Mr. 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. 2228, A bill for an act relating to taxation; recodifying and clarifying the powers of the commissioner of revenue; recodifying a criminal penalty; appropriating money; amending Minnesota Statutes 2004, sections 16D.08, subdivision 2; 115B.49, subdivision 4; 239.785, subdivision 4; 256.9657, subdivision 7; 256.9792, subdivision 8; 273.11, subdivision 5; 287.37; 289A.35; 289A.42, subdivision 1; 289A.60, subdivision 13; 295.57, subdivision 1; 295.60, subdivision 7; 297A.64, subdivision 3; 297B.11; 297H.10, subdivision 1; 297I.10, by adding a subdivision; proposing coding for new law as Minnesota Statutes, chapter 270C; repealing Minnesota Statutes 2004, sections 270.01; 270.02; 270.021; 270.022; 270.04; 270.05; 270.052; 270.058; 270.059; 270.06; 270.0601; 270.0602; 270.0603; 270.0604; 270.0605; 270.061; 270.062; 270.063; 270.064; 270.065; 270.066; 270.0665; 270.067; 270.068; 270.0681; 270.0682; 270.069; 270.07; 270.084; 270.09; 270.10; 270.101; 270.102; 270.11, subdivisions 2, 3, 4, 5, 6, 7; 270.13; 270.14; 270.15; 270.16; 270.17; 270.18; 270.19; 270.20; 270.21; 270.22; 270.23; 270.24; 270.25; 270.26; 270.27; 270.271; 270.272; 270.273; 270.274; 270.275; 270.276; 270.277; 270.278; 270.30; 270.485; 270.494; 270.60; 270.65; 270.652; 270.66; 270.67; 270.68; 270.69; 270.691; 270.70; 270.7001;


Journal of the House - 66th Day - Monday, May 23, 2005 - Top of Page 5021


270.7002; 270.701; 270.702; 270.703; 270.704; 270.705; 270.706; 270.707; 270.708; 270.709; 270.71; 270.72; 270.721; 270.73; 270.74; 270.75; 270.76; 270.771; 270.78; 270.79; 287.39; 289A.07; 289A.13; 289A.31, subdivisions 3, 4, 6; 289A.36; 289A.37, subdivisions 1, 3, 4, 5; 289A.38, subdivision 13; 289A.43; 289A.65; 290.48, subdivisions 3, 4; 290.92, subdivisions 6b, 22, 23; 290.97; 296A.20; 296A.201; 296A.25; 297A.86; 297A.93; 297D.14; 297E.08; 297E.09; 297E.12, subdivision 10; 297E.15; 297F.15, subdivisions 1, 2, 3, 4, 5, 6, 7, 8; 297F.16; 297F.22; 297G.14, subdivisions 1, 2, 3, 4, 5, 6, 7, 8; 297G.15; 297G.21; 297I.45; 297I.50; 297I.55; 297I.95.

 

Patrick E. Flahaven, Secretary of the Senate

 

 

CONCURRENCE AND REPASSAGE

 

      Abrams moved that the House concur in the Senate amendments to H. F. No. 2228 and that the bill be repassed as amended by the Senate. The motion prevailed.

 

 

      H. F. No. 2228, A bill for an act relating to financing and operation of government in this state; recodifying and clarifying the powers of the commissioner of revenue; changing income, corporate franchise, withholding, estate, property, sales and use, mortgage registry, motor fuels, gambling, cigarette and tobacco products, liquor, insurance, and other taxes and tax-related provisions; making technical, clarifying, collection, enforcement, refund, and administrative changes to certain taxes and tax-related provisions, tax-forfeited lands, revenue recapture, unfair cigarette sales, state debt collection, sustainable forest incentive programs, border city development, property tax refund, and metropolitan solid waste landfill fee; changing local government aids and credits; providing for determination of population for certain purposes; changing property tax exemptions, homesteads, assessment, valuation, classification, levies, deferral, review and equalization, appeals, notices and statements, allocation, and distribution provisions; changing provisions relating to manufactured home certificates of title; providing for compliance with streamlined sales tax agreement; authorizing charges for certain emergency services; regulating tax preparers; prohibiting purchases of tax-forfeited lands by certain local officials; providing for data classification and exchange of data; providing and imposing powers and duties on the commissioner of revenue and on certain political subdivisions and officials; changing town spending and taxing provisions; changing and imposing penalties; reducing certain court appropriations; transferring funds; recodifying a criminal penalty; appropriating money; amending Minnesota Statutes 2004, sections 4A.02; 16D.08, subdivision 2; 16D.10; 115B.49, subdivision 4; 168A.05, subdivision 1a; 239.785, subdivision 4; 256.9657, subdivision 7; 256.9792, subdivision 8; 270.11, subdivision 2; 270.16, subdivision 2; 270.30, subdivisions 1, 5, 6, 8, by adding subdivisions; 270.65; 270.67, subdivision 4; 270.69, subdivision 4; 270A.03, subdivision 5; 272.01, subdivision 2; 272.02, subdivisions 1a, 47, 53, 56, by adding subdivisions; 272.0211, subdivisions 1, 2; 272.029, subdivisions 4, 6; 273.11, subdivisions 5, 8; 273.124, subdivisions 3, 6, 8, 13, 14, 21; 273.13, subdivision 25; 273.1315; 273.1384, subdivision 1; 273.19, subdivision 1a; 273.372; 274.014, subdivisions 2, 3; 274.14; 275.07, subdivisions 1, 4; 276.112; 276A.01, subdivision 7; 282.016; 282.08; 282.15; 282.21; 282.224; 282.301; 287.04; 287.37; 289A.08, subdivisions 3, 16; 289A.18, subdivision 1; 289A.19, subdivision 4; 289A.31, subdivision 2; 289A.35; 289A.37, subdivision 5; 289A.38, subdivisions 6, 7, by adding a subdivision; 289A.39, subdivision 1; 289A.40, subdivision 2, by adding subdivisions; 289A.42, subdivision 1; 289A.50, subdivision 1a; 289A.60, subdivisions 2a, 6, 11, 12, 13; 290.01, subdivisions 7b, 19a, 19b, 19c; 290.06, subdivision 22; 290.0671, subdivision 1a; 290.0674, subdivision 1; 290.92, subdivisions 1, 4b; 290A.07, by adding a subdivision; 290B.05, subdivision 3; 290C.05; 290C.10; 291.005, subdivision 1; 291.03, subdivision 1; 295.57, subdivision 1; 295.60, subdivisions 3, 7; 296A.22, by adding a subdivision; 297A.61, subdivisions 3, 4; 297A.64, subdivisions 3, 4; 297A.668, subdivisions 1, 5; 297A.67, subdivisions 2, 7, 9; 297A.68, subdivisions 2, 5, 28, 39; 297A.71, subdivision 12; 297A.75, subdivision 1; 297A.87, subdivisions 2, 3; 297A.99, subdivision 4; 297B.11; 297E.01, subdivisions 5, 7, by adding subdivisions; 297E.06, subdivision 2; 297E.07; 297F.08, subdivision 12, by adding a subdivision; 297F.09, subdivisions 1, 2; 297F.14, subdivision 4; 297G.09, by adding a subdivision; 297H.10, subdivision 1; 297I.01, by adding a subdivision; 297I.05,


Journal of the House - 66th Day - Monday, May 23, 2005 - Top of Page 5022


subdivision 5; 297I.10, by adding a subdivision; 298.24, subdivision 1; 325D.33, subdivision 6; 365.43, subdivision 1; 365.431; 366.011; 366.012; 373.45, subdivision 7; 469.1735, subdivision 3; 473.843, subdivision 5; 473F.02, subdivision 7; 477A.011, subdivisions 3, 34, 36, as amended, 38; 477A.0124, subdivisions 2, 4; 477A.03, subdivision 2b; Laws 1998, chapter 389, article 3, section 42, subdivision 2, as amended; Laws 2001 First Special Session chapter 5, article 3, section 8; Laws 2003, chapter 127, article 5, sections 27; 28; Laws 2003 First Special Session chapter 21, article 5, section 13; Laws 2003 First Special Session, chapter 21, article 6, section 9; Laws 2005, chapter 43, section 1; proposing coding for new law in Minnesota Statutes, chapters 270; 290C; 473; proposing coding for new law as Minnesota Statutes, chapter 270C; repealing Minnesota Statutes 2004, sections 270.01; 270.02; 270.021; 270.022; 270.04; 270.05; 270.052; 270.058; 270.059; 270.06; 270.0601; 270.0602; 270.0603; 270.0604; 270.0605; 270.061; 270.062; 270.063; 270.064; 270.065; 270.066; 270.0665; 270.067; 270.068; 270.0681; 270.0682; 270.069; 270.07; 270.084; 270.09; 270.10; 270.101; 270.102; 270.11, subdivisions 2, 3, 4, 5, 6, 7; 270.13; 270.14; 270.15; 270.16; 270.17; 270.18; 270.19; 270.20; 270.21; 270.22; 270.23; 270.24; 270.25; 270.26; 270.27; 270.271; 270.272; 270.273; 270.274; 270.275; 270.276; 270.277; 270.278; 270.30; 270.485; 270.494; 270.60; 270.65; 270.652; 270.66; 270.67; 270.68; 270.69; 270.691; 270.70; 270.7001; 270.7002; 270.701; 270.702; 270.703; 270.704; 270.705; 270.706; 270.707; 270.708; 270.709; 270.71; 270.72; 270.721; 270.73; 270.74; 270.75; 270.76; 270.771; 270.78; 270.79; 270.85; 270.88; 273.19, subdivision 5; 273.37, subdivision 3; 274.05; 275.15; 275.61, subdivision 2; 283.07; 287.39; 289A.07; 289A.13; 289A.31, subdivisions 3, 4, 6; 289A.36; 289A.37, subdivisions 1, 3, 4, 5; 289A.38, subdivision 13; 289A.43; 289A.65; 290.48, subdivisions 3, 4; 290.92, subdivisions 6b, 22, 23; 290.97; 296A.20; 296A.201; 296A.25; 297A.86; 297A.93; 297D.14; 297E.08; 297E.09; 297E.12, subdivision 10; 297E.15; 297F.15, subdivisions 1, 2, 3, 4, 5, 6, 7, 8; 297F.16; 297F.22; 297G.14, subdivisions 1, 2, 3, 4, 5, 6, 7, 8; 297G.15; 297G.21; 297I.45; 297I.50; 297I.55; 297I.95; Laws 1975, chapter 287, section 5; Laws 1998, chapter 389, article 3, section 41; Laws 2003, chapter 127, article 9, section 9, subdivision 4; Minnesota Rules, parts 8093.2000; 8093.3000; 8130.0110, subpart 4; 8130.0200, subparts 5, 6; 8130.0400, subpart 9; 8130.1200, subparts 5, 6; 8130.2900; 8130.3100, subpart 1; 8130.4000, subparts 1, 2; 8130.4200, subpart 1; 8130.4400, subpart 3; 8130.5200; 8130.5600, subpart 3; 8130.5800, subpart 5; 8130.7300, subpart 5; 8130.8800, subpart 4.

 

      The bill was read for the third time, as amended by the Senate, and placed upon its repassage.

 

      The question was taken on the repassage of the bill and the roll was called. There were 133 yeas and 1 nay as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Abrams

Anderson, B.

Anderson, I.

Atkins

Beard

Bernardy

Blaine

Bradley

Brod

Buesgens

Carlson

Charron

Clark

Cornish

Cox

Cybart

Davids

Davnie

Dean

DeLaForest

Demmer

Dempsey

Dill

Dittrich

Dorman

Dorn

Eastlund

Eken

Ellison

Emmer

Entenza

Erhardt

Erickson

Finstad

Fritz

Gazelka

Goodwin

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Heidgerken

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson, J.

Johnson, R.

Johnson, S.

Juhnke

Kahn

Kelliher

Klinzing

Knoblach

Koenen

Kohls

Krinkie

Lanning

Larson

Latz

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Magnus

Mahoney

Mariani

Marquart

McNamara

Meslow

Moe

Mullery

Murphy

Nelson, M.

Nelson, P.

Newman

Nornes

Olson

Opatz

Otremba

Ozment

Paulsen

Paymar

Pelowski

Penas

Peppin

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Powell

Rukavina

Ruth

Ruud

Sailer

Samuelson

Scalze

Seifert

Sertich

Severson

Sieben

Simon

Simpson

Slawik

Smith

Soderstrom

Solberg

Sykora

Thao


Journal of the House - 66th Day - Monday, May 23, 2005 - Top of Page 5023


Thissen

Tingelstad

Urdahl

Vandeveer

Wagenius

Walker

Wardlow

Welti

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

      Those who voted in the negative were:

 


Garofalo


 

 

      The bill was repassed, as amended by the Senate, and its title agreed to.

 

 

Mr. Speaker:

 

      I hereby announce the passage by the Senate of the following Senate Files, herewith transmitted:

 

      S. F. Nos. 2093, 762 and 200.

 

Patrick E. Flahaven, Secretary of the Senate

 

 

FIRST READING OF SENATE BILLS

 

 

      S. F. No. 2093, A bill for an act relating to commerce; modifying definition of "wage"; regulating payroll cards and payroll accounts; requiring a study and report; amending Minnesota Statutes 2004, section 177.23, subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 177.

 

      The bill was read for the first time.

 

 

SUSPENSION OF RULES

 

      Pursuant to Article IV, Section 19, of the Constitution of the state of Minnesota, Wilkin moved that the rule therein be suspended and an urgency be declared so that S. F. No. 2093 be given its second and third readings and be placed upon its final passage. The motion prevailed.

 

      Wilkin moved that the rules of the House be so far suspended that S. F. No. 2093 be given its second and third readings and be placed upon its final passage. The motion prevailed.

 

      S. F. No. 2093 was read for the second time.

 

 

      S. F. No. 2093, A bill for an act relating to commerce; modifying definition of "wage"; regulating payroll cards and payroll accounts; requiring a study and report; amending Minnesota Statutes 2004, section 177.23, subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 177.

 

 

      The bill was read for the third time and placed upon its final passage.


Journal of the House - 66th Day - Monday, May 23, 2005 - Top of Page 5024


                The question was taken on the passage of the bill and the roll was called. There were 134 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Abrams

Anderson, B.

Anderson, I.

Atkins

Beard

Bernardy

Blaine

Bradley

Brod

Buesgens

Carlson

Charron

Clark

Cornish

Cox

Cybart

Davids

Davnie

Dean

DeLaForest

Demmer

Dempsey

Dill

Dittrich

Dorman

Dorn

Eastlund

Eken

Ellison

Emmer

Entenza

Erhardt

Erickson

Finstad

Fritz

Garofalo

Gazelka

Goodwin

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Heidgerken

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson, J.

Johnson, R.

Johnson, S.

Juhnke

Kahn

Kelliher

Klinzing

Knoblach

Koenen

Kohls

Krinkie

Lanning

Larson

Latz

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Magnus

Mahoney

Mariani

Marquart

McNamara

Meslow

Moe

Mullery

Murphy

Nelson, M.

Nelson, P.

Newman

Nornes

Olson

Opatz

Otremba

Ozment

Paulsen

Paymar

Pelowski

Penas

Peppin

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Powell

Rukavina

Ruth

Ruud

Sailer

Samuelson

Scalze

Seifert

Sertich

Severson

Sieben

Simon

Simpson

Slawik

Smith

Soderstrom

Solberg

Sykora

Thao

Thissen

Tingelstad

Urdahl

Vandeveer

Wagenius

Walker

Wardlow

Welti

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

      The bill was passed and its title agreed to.

 

 

FIRST READING OF SENATE BILLS, Continued

 

 

      S. F. No. 762, A bill for an act relating to the environment; creating the Clean Water Legacy Act; providing authority, direction, and funding to achieve and maintain water quality standards for Minnesota's surface waters in accordance with section 303(d) of the federal Clean Water Act; appropriating money; amending Laws 2005, chapter 20, article 1, section 39; proposing coding for new law in Minnesota Statutes, chapter 446A; proposing coding for new law as Minnesota Statutes, chapter 114D.

 

      The bill was read for the first time and referred to the Committee on Taxes.

 

 

      S. F. No. 200, A bill for an act relating to commerce; prohibiting expiration dates and service fees on gift certificates and gift cards; proposing coding for new law in Minnesota Statutes, chapter 325G.

 

      The bill was read for the first time and referred to the Committee on Commerce and Financial Institutions.


Journal of the House - 66th Day - Monday, May 23, 2005 - Top of Page 5025


                The following Conference Committee Report was received:

 

 

CONFERENCE COMMITTEE REPORT ON H. F. NO. 2121

 

      A bill for an act relating to commerce; requiring businesses that possess personal data to notify persons whose personal information has been disclosed to unauthorized persons; proposing coding for new law in Minnesota Statutes, chapter 325E.

 

May 23, 2005

 

The Honorable Steve Sviggum

Speaker of the House of Representatives

 

The Honorable James P. Metzen

President of the Senate

 

      We, the undersigned conferees for H. F. No. 2121, report that we have agreed upon the items in dispute and recommend as follows:

 

      That the Senate recede from its amendments and that H. F. No. 2121 be further amended as follows:

 

      Page 4, after line 5, insert:

 

      "Subd. 5. [SECURITY ASSESSMENTS.] Each government entity shall conduct a comprehensive security assessment of any personal information maintained by the government entity."

 

      Page 4, line 6, delete "5" and insert "6"

 

      Page 4, delete line 7

 

      Page 4, line 8, before "enforce" insert "shall"

 

 

      We request adoption of this report and repassage of the bill.

 

      House Conferees: Jeff Johnson, Tim Wilkin and Jim Davnie.

 

      Senate Conferees: Satveer Chaudhary and David C. Gaither.

 

 

      Johnson, J., moved that the report of the Conference Committee on H. F. No. 2121 be adopted and that the bill be repassed as amended by the Conference Committee. The motion prevailed.

 

 

      H. F. No. 2121, A bill for an act relating to commerce; requiring businesses that possess personal data to notify persons whose personal information has been disclosed to unauthorized persons; proposing coding for new law in Minnesota Statutes, chapter 325E.

 

 

      The bill was read for the third time, as amended by Conference, and placed upon its repassage.


Journal of the House - 66th Day - Monday, May 23, 2005 - Top of Page 5026


                The question was taken on the repassage of the bill and the roll was called. There were 134 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Abrams

Anderson, B.

Anderson, I.

Atkins

Beard

Bernardy

Blaine

Bradley

Brod

Buesgens

Carlson

Charron

Clark

Cornish

Cox

Cybart

Davids

Davnie

Dean

DeLaForest

Demmer

Dempsey

Dill

Dittrich

Dorman

Dorn

Eastlund

Eken

Ellison

Emmer

Entenza

Erhardt

Erickson

Finstad

Fritz

Garofalo

Gazelka

Goodwin

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Heidgerken

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson, J.

Johnson, R.

Johnson, S.

Juhnke

Kahn

Kelliher

Klinzing

Knoblach

Koenen

Kohls

Krinkie

Lanning

Larson

Latz

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Magnus

Mahoney

Mariani

Marquart

McNamara

Meslow

Moe

Mullery

Murphy

Nelson, M.

Nelson, P.

Newman

Nornes

Olson

Opatz

Otremba

Ozment

Paulsen

Paymar

Pelowski

Penas

Peppin

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Powell

Rukavina

Ruth

Ruud

Sailer

Samuelson

Scalze

Seifert

Sertich

Severson

Sieben

Simon

Simpson

Slawik

Smith

Soderstrom

Solberg

Sykora

Thao

Thissen

Tingelstad

Urdahl

Vandeveer

Wagenius

Walker

Wardlow

Welti

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

      The bill was repassed, as amended by Conference, and its title agreed to.

 

 

ANNOUNCEMENTS BY THE SPEAKER

 

      The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 1925:

 

      Dean, Wilkin and Thao.

 

      The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 644:

 

      Smith, Mahoney and Eastlund.

 

 

CALENDAR FOR THE DAY

 

 

      S. F. No. 1625, which was temporarily laid over earlier today on the Calendar for the Day, was again reported to the House.


Journal of the House - 66th Day - Monday, May 23, 2005 - Top of Page 5027


                Westrom; Wardlow; Brod; Nornes; Tingelstad; Ozment; Cybart; Latz; Lillie; Anderson, B.; Solberg and Moe moved to amend S. F. No. 1625 as follows:

 

      Page 1, after line 21, insert:

 

      "Sec. 2. [SURVIVOR BENEFIT FOR ST. LOUIS PARK POLICE OFFICER KILLED IN IRAQ CONFLICT.]

 

      Subdivision 1. [ELIGIBILITY.] (a) Notwithstanding any provision of Minnesota Statutes, chapter 353 and section 645.26, subdivision 3, to the contrary, an eligible person described in paragraph (b) is authorized to apply for and is eligible for a surviving spouse annuity from the public employees police and fire retirement plan under subdivision 2.

 

      (b) An eligible person for purposes of paragraph (a) is the surviving spouse of a deceased public employees police and fire retirement plan member who:

 

      (1) was on active duty in the National Guard as defined in Minnesota Statutes, section 190.05, subdivision 4, in a federally recognized combat zone;

 

      (2) was born on October 29, 1979;

 

      (3) was a member of the public employees police and fire retirement plan commencing on January 24, 2004, due to employment as a police officer by the city of St. Louis Park; and

 

      (4) died on February 21, 2005, while on active military service as defined in Minnesota Statutes, section 190.05, subdivision 5, in the National Guard in Iraq.

 

      Subd. 2. [BENEFIT AMOUNT.] For an eligible person under this section, the monthly annuity payments commence retroactive to February 21, 2005, and continue in the amount of $800, plus any adjustment payable under Minnesota Statutes, section 356.41, to June 30, 2020. For the period July 1, 2020, and thereafter, the amount of the monthly surviving spouse annuity is $1746.62, plus any adjustments that would otherwise be payable under Minnesota Statutes, section 356.41, since January 1, 2006, and is subject to postretirement adjustments under Minnesota Statutes, section 356.41, on and after January 1, 2021. The monthly surviving spouse annuity is payable for the life of the eligible person and nothing in this section authorizes a payment to an estate.

 

      Subd. 3. [REFUND REPAYMENT REQUIRED.] An annuity under this section is in lieu of any death refund to which an eligible person would otherwise be entitled. If an eligible person has received a death refund, that person shall repay that refund, under the terms specified in Minnesota Statutes, section 353.35, notwithstanding any law to the contrary.

 

      [EFFECTIVE DATE.] This section is effective the day following final enactment."

 

      Renumber the sections in sequence and correct the internal references

 

      Amend the title accordingly

 

 

      A roll call was requested and properly seconded.


Journal of the House - 66th Day - Monday, May 23, 2005 - Top of Page 5028


                The question was taken on the Westrom et al amendment and the roll was called. There were 99 yeas and 34 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Anderson, B.

Anderson, I.

Atkins

Beard

Bernardy

Blaine

Bradley

Brod

Carlson

Charron

Clark

Cornish

Cybart

Davids

Dean

Demmer

Dempsey

Dill

Dittrich

Dorman

Dorn

Eken

Ellison

Entenza

Erhardt

Finstad

Fritz

Garofalo

Gazelka

Goodwin

Gunther

Hamilton

Hansen

Heidgerken

Hilstrom

Hilty

Hoppe

Hornstein

Hortman

Hosch

Huntley

Johnson, J.

Johnson, R.

Juhnke

Kelliher

Klinzing

Knoblach

Koenen

Kohls

Krinkie

Lanning

Larson

Latz

Lenczewski

Lesch

Liebling

Lillie

Loeffler

Magnus

Mahoney

Mariani

Marquart

McNamara

Moe

Nelson, M.

Nornes

Opatz

Otremba

Ozment

Pelowski

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Rukavina

Ruth

Ruud

Sailer

Samuelson

Scalze

Seifert

Sertich

Sieben

Simon

Simpson

Slawik

Solberg

Thao

Tingelstad

Urdahl

Vandeveer

Wagenius

Walker

Wardlow

Welti

Westerberg

Westrom

Zellers


 

 

      Those who voted in the negative were:

 


Abrams

Buesgens

Cox

Davnie

DeLaForest

Eastlund

Emmer

Erickson

Greiling

Hackbarth

Hausman

Holberg

Howes

Jaros

Johnson, S.

Kahn

Lieder

Meslow

Mullery

Murphy

Nelson, P.

Newman

Olson

Paulsen

Paymar

Penas

Peppin

Powell

Smith

Soderstrom

Sykora

Thissen

Wilkin

Spk. Sviggum


 

 

      The motion prevailed and the amendment was adopted.

 

 

      S. F. No. 1625, A bill for an act relating to the military; providing for pay and allowances for certain retired national guard personnel who are ordered to active duty; amending Minnesota Statutes 2004, section 192.19.

 

 

      The bill was read for the third time, as amended, and placed upon its final passage.

 

      The question was taken on the passage of the bill and the roll was called. There were 131 yeas and 2 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Abrams

Anderson, B.

Anderson, I.

Atkins

Beard

Bernardy

Blaine

Bradley

Brod

Carlson

Charron

Clark

Cornish

Cox

Cybart

Davids

Davnie

Dean

DeLaForest

Demmer

Dempsey

Dill

Dittrich

Dorman

Dorn

Eastlund

Eken

Ellison

Emmer

Entenza

Erhardt

Erickson

Finstad

Fritz

Garofalo

Gazelka

Goodwin

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Heidgerken

Hilstrom

Hilty

Holberg


Journal of the House - 66th Day - Monday, May 23, 2005 - Top of Page 5029


Hoppe

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson, J.

Johnson, R.

Johnson, S.

Juhnke

Kahn

Kelliher

Klinzing

Knoblach

Koenen

Kohls

Krinkie

Lanning

Larson

Latz

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Magnus

Mahoney

Mariani

Marquart

McNamara

Meslow

Moe

Mullery

Murphy

Nelson, M.

Nelson, P.

Newman

Nornes

Opatz

Otremba

Ozment

Paulsen

Paymar

Pelowski

Penas

Peppin

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Powell

Rukavina

Ruth

Ruud

Sailer

Samuelson

Scalze

Seifert

Sertich

Sieben

Simon

Simpson

Slawik

Smith

Soderstrom

Solberg

Sykora

Thao

Thissen

Tingelstad

Urdahl

Vandeveer

Wagenius

Walker

Wardlow

Welti

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

      Those who voted in the negative were:

 


Buesgens

Olson


 

 

      The bill was passed, as amended, and its title agreed to.

 

 

      S. F. No. 1231 was reported to the House.

 

 

      Mullery and Vandeveer moved to amend S. F. No. 1231 as follows:

 

      Page 2, line 10, delete "or local"

 

      Page 2, line 12, after "manner" insert "to that portion of property to be maintained by others"

 

      Page 2, line 13, after "to" insert "others'"

 

      Page 2, line 19, delete everything after the period

 

      Page 2, delete lines 20 to 24

 

 

      The motion prevailed and the amendment was adopted.

 

 

      S. F. No. 1231, A bill for an act relating to real property; regulating sign and flag display; amending Minnesota Statutes 2004, sections 515.07; 515B.2-103; 515B.3-102; proposing coding for new law in Minnesota Statutes, chapter 500.

 

 

      The bill was read for the third time, as amended, and placed upon its final passage.


Journal of the House - 66th Day - Monday, May 23, 2005 - Top of Page 5030


                The question was taken on the passage of the bill and the roll was called. There were 134 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Abrams

Anderson, B.

Anderson, I.

Atkins

Beard

Bernardy

Blaine

Bradley

Brod

Buesgens

Carlson

Charron

Clark

Cornish

Cox

Cybart

Davids

Davnie

Dean

DeLaForest

Demmer

Dempsey

Dill

Dittrich

Dorman

Dorn

Eastlund

Eken

Ellison

Emmer

Entenza

Erhardt

Erickson

Finstad

Fritz

Garofalo

Gazelka

Goodwin

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Heidgerken

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson, J.

Johnson, R.

Johnson, S.

Juhnke

Kahn

Kelliher

Klinzing

Knoblach

Koenen

Kohls

Krinkie

Lanning

Larson

Latz

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Magnus

Mahoney

Mariani

Marquart

McNamara

Meslow

Moe

Mullery

Murphy

Nelson, M.

Nelson, P.

Newman

Nornes

Olson

Opatz

Otremba

Ozment

Paulsen

Paymar

Pelowski

Penas

Peppin

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Powell

Rukavina

Ruth

Ruud

Sailer

Samuelson

Scalze

Seifert

Sertich

Severson

Sieben

Simon

Simpson

Slawik

Smith

Soderstrom

Solberg

Sykora

Thao

Thissen

Tingelstad

Urdahl

Vandeveer

Wagenius

Walker

Wardlow

Welti

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

      The bill was passed, as amended, and its title agreed to.

 

 

      S. F. No. 953, which was temporarily laid over earlier today on the Calendar for the Day, was again reported to the House.

 

 

      The pending Kahn amendment to S. F. No. 953, offered earlier today, was again reported to the House.

 

 

      Kahn withdrew her amendment to S. F. No. 953.

 

 

      Goodwin offered an amendment to S. F. No. 953.

 

 

POINT OF ORDER

 

      Lanning raised a point of order pursuant to rule 3.21 that the Goodwin amendment was not in order. The Speaker ruled the point of order well taken and the Goodwin amendment out of order.

 

 

      Vandeveer and Lenczewski offered an amendment to S. F. No. 953.


Journal of the House - 66th Day - Monday, May 23, 2005 - Top of Page 5031


POINT OF ORDER

 

      Erhardt raised a point of order pursuant to rule 3.21 that the Vandeveer and Lenczewski amendment was not in order. The Speaker ruled the point of order well taken and the Vandeveer and Lenczewski amendment out of order.

 

 

      Hosch, Simon, Dittrich, Moe and Ruud moved to amend S. F. No. 953 as follows:

 

      Page 1, after line 7, insert:

 

      "Section 1. Minnesota Statutes 2004, section 3.099, subdivision 1, is amended to read:

 

      Subdivision 1. [PAY DAYS; MILEAGE; PER DIEM.] The compensation of each member of the legislature is due on the first day of the regular legislative session of the term and payable in equal parts on January 15, in the first month of each term and on the first day of each following month during the term for which the member was elected. The compensation of each member of the legislature elected at a special election is due on the day the member takes the oath of office and payable within ten days of taking the oath for the remaining part of the month in which the oath was taken, and then in equal parts on the first day of each following month during the term for which the member was elected.

 

      Each member shall receive mileage for necessary travel to the place of meeting and returning to the member's residence in the amount and for trips as authorized by the senate for senate members and by the house of representatives for house members.

 

      Each member shall also receive per diem living expenses during a regular or special session of the legislature in the amounts and for the purposes as determined by the senate for senate members and by the house of representatives for house members, except that members must not receive per diem living expenses for a special session that is called within 60 days of adjournment of a regular session because the legislature failed to pass necessary legislation during the regular session.

 

      On January 15 in the first month of each term and on the first day of each following month, the secretary of the senate and the chief clerk of the house of representatives shall certify to the commissioner of finance, in duplicate, the amount of compensation then payable to each member of their respective houses and its total."

 

      Renumber the sections in sequence and correct the internal references

 

      Amend the title accordingly

 

 

      Erhardt moved that S. F. No. 953 be temporarily laid over on the Calendar for the Day. The motion prevailed.

 

 

      There being no objection, the order of business reverted to Messages from the Senate.

 

 

MESSAGES FROM THE SENATE

 

 

      The following messages were received from the Senate:


Journal of the House - 66th Day - Monday, May 23, 2005 - Top of Page 5032


Mr. Speaker:

 

      I hereby announce the passage by the Senate of the following House Files, herewith returned:

 

      H. F. No. 1470, A bill for an act relating to environment; authorizing annual adjustment of dry cleaner environmental fees; amending Minnesota Statutes 2004, section 115B.49, by adding a subdivision; repealing Minnesota Statutes 2004, section 115B.49, subdivision 4a.

 

      H. F. No. 2133, A bill for an act relating to state government; authorizing lease of certain state property under specified conditions.

 

Patrick E. Flahaven, Secretary of the Senate

 

 

Mr. Speaker:

 

      I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:

 

      H. F. No. 225, A bill for an act relating to government data; making technical, conforming, and clarifying changes to the Minnesota Government Data Practices Act; defining terms; modifying certain civil penalty and damages amounts; classifying, regulating, and reviewing access to and dissemination of certain data; providing notice of breaches in security; regulating certain fees; providing for the conduct of certain board and council meetings; modifying provisions regulating motor vehicle and driver applications and records; modifying vehicle accident reports and procedures; providing for treatment of data held by the comprehensive incident-based reporting system; amending Minnesota Statutes 2004, sections 11A.24, subdivision 6; 13.01, subdivisions 1, 3; 13.02, subdivision 7; 13.03, subdivisions 1, 2, 3, 4, 5, 6, 8; 13.04, subdivisions 2, 4; 13.05, subdivisions 1, 4, 6, 7, 8, 9; 13.06, subdivisions 1, 2, 3, 4; 13.07; 13.072, subdivision 4; 13.073, subdivision 3; 13.08, subdivisions 1, 2, 4, 5; 13.32, by adding a subdivision; 13.37, subdivisions 1, 2, 3; 13.3805, by adding a subdivision; 13.43, subdivisions 1, 2, 3; 13.46, subdivision 4; 13.591, by adding subdivisions; 13.601, by adding a subdivision; 13.635, by adding a subdivision; 13.72, by adding subdivisions; 13.82, subdivisions 1, 16; 16C.06, subdivision 5; 116J.68, by adding a subdivision; 116L.03, by adding a subdivision; 116L.665, by adding a subdivision; 116M.15, by adding a subdivision; 116U.25; 168.346; 168A.04, by adding a subdivision; 169.09, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, 12, 14, 15, by adding subdivisions; 171.07, subdivisions 1, 3; 171.12, subdivision 7; proposing coding for new law in Minnesota Statutes, chapters 13; 41A; 299C; repealing Minnesota Statutes 2004, sections 13.04, subdivision 5; 169.09, subdivision 10; 170.55.

 

      The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said House File is herewith returned to the House.

 

Patrice Dworak, First Assistant Secretary of the Senate

 

 

Mr. Speaker:

 

      I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:

 

      H. F. No. 874, A bill for an act relating to elections; providing for approval and purpose of certain voting equipment; appropriating money; amending Minnesota Statutes 2004, sections 201.022, by adding a subdivision; 206.80; proposing coding for new law in Minnesota Statutes, chapter 206.


Journal of the House - 66th Day - Monday, May 23, 2005 - Top of Page 5033


                The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said House File is herewith returned to the House.

 

Patrice Dworak, First Assistant Secretary of the Senate

 

 

Mr. Speaker:

 

      I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:

 

      H. F. No. 1481, A bill for an act relating to government operations; appropriating money for the general legislative and administrative expenses of state government; regulating state and local government operations; modifying provisions related to public employment; ratifying certain labor agreements and compensation plans; regulating elections and campaign finance; regulating Minneapolis teacher pensions; modifying provisions related to the military and veterans; providing conforming amendments; amending Minnesota Statutes 2004, sections 3.011; 3.012; 3.02; 10A.01, subdivisions 5, 21, 23, 26; 10A.025, by adding a subdivision; 10A.071, subdivision 3; 10A.08; 10A.20, subdivisions 2, 5, by adding a subdivision; 10A.27, subdivision 1; 10A.28, subdivision 2; 10A.31, subdivisions 1, 3, 4, 5, 6a; 11A.04; 11A.07, subdivisions 4, 5; 11A.24, subdivision 6; 13.635, by adding a subdivision; 14.19; 15.054; 15B.17, subdivision 1; 16A.103, by adding a subdivision; 16A.1286, subdivisions 2, 3; 16A.152, subdivision 2; 16A.1522, subdivision 1; 16A.281; 16B.52, subdivision 1; 16C.10, subdivision 7; 16C.144; 16C.16, subdivision 1, by adding a subdivision; 16C.23, by adding a subdivision; 43A.183; 43A.23, subdivision 1; 123B.63, subdivision 3; 126C.17, subdivision 11; 190.16, by adding a subdivision; 192.19; 192.261, subdivisions 1, 2; 192.501, subdivision 2; 193.29, subdivision 3; 193.30; 193.31; 197.608, subdivision 5; 200.02, subdivisions 7, 23, by adding a subdivision; 201.022, by adding a subdivision; 201.061, subdivision 3; 201.071, subdivision 1; 201.091, subdivision 5; 203B.01, subdivision 3; 203B.02, subdivision 1; 203B.04, subdivisions 1, 4, by adding a subdivision; 203B.07, subdivision 2; 203B.11, subdivision 1; 203B.12, subdivision 2; 203B.20; 203B.21, subdivisions 1, 3; 203B.24, subdivision 1; 204B.10, subdivision 6; 204B.14, subdivision 2; 204B.16, subdivisions 1, 5; 204B.18, subdivision 1; 204B.22, subdivision 3; 204B.27, subdivisions 1, 3; 204B.33; 204C.05, subdivision 1a, by adding a subdivision; 204C.08, subdivision 1; 204C.24, subdivision 1; 204C.28, subdivision 1; 204C.50, subdivisions 1, 2; 204D.03, subdivision 1; 204D.14, subdivision 3; 204D.27, subdivision 5; 205.10, subdivision 3; 205.175, subdivision 2; 205A.05, subdivision 1; 205A.09, subdivision 1; 206.56, subdivisions 2, 3, 7, 8, 9, by adding subdivisions; 206.57, subdivisions 1, 5, by adding a subdivision; 206.58, subdivision 1; 206.61, subdivisions 4, 5; 206.64, subdivision 1; 206.80; 206.81; 206.82, subdivisions 1, 2; 206.83; 206.84, subdivisions 1, 3, 6; 206.85, subdivision 1; 206.90, subdivisions 1, 4, 5, 6, 8, 9; 208.03; 208.04, subdivision 1; 208.05; 208.06; 208.07; 208.08; 211B.01, subdivision 3; 240A.02, subdivision 3; 354A.08; 354A.12, subdivisions 3a, 3b; 358.11; 373.40, subdivision 2; 375.20; 394.25, by adding a subdivision; 447.32, subdivision 4; 458.40; 462.357, by adding a subdivision; 465.82, subdivision 2; 465.84; 469.053, subdivision 5; 469.0724; 469.190, subdivision 5; 471.345, by adding a subdivision; 471.975; 473.147, by adding a subdivision; 475.521, subdivision 2; 475.58, subdivisions 1, 1a; 475.59; 507.093; 507.24, subdivision 2; Laws 2000, chapter 461, article 4, section 4, as amended; proposing coding for new law in Minnesota Statutes, chapters 3; 4; 5; 6; 8; 10A; 14; 15; 15B; 16A; 16B; 16C; 43A; 196; 197; 204D; 205; 205A; 206; 298; 354A; 471; 507; proposing coding for new law as Minnesota Statutes, chapter 471B; repealing Minnesota Statutes 2004, sections 16A.151, subdivision 5; 16A.30; 16B.33; 43A.11, subdivision 2; 197.455, subdivision 3; 204B.22, subdivision 2; 204C.05, subdivisions 1a, 1b; 204C.50, subdivision 7; 205.175; 205A.09; 240A.08; 354A.28; Minnesota Rules, parts 4501.0300, subparts 1, 4; 4501.0500, subpart 4; 4501.0600; 4503.0200, subpart 4; 4503.0300, subpart 2; 4503.0400, subpart 2; 4503.0500, subpart 9; 4503.0800, subpart 1.

 

      The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said House File is herewith returned to the House.

 

Patrice Dworak, First Assistant Secretary of the Senate


Journal of the House - 66th Day - Monday, May 23, 2005 - Top of Page 5034


Mr. Speaker:

 

      I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:

 

      H. F. No. 1816, A bill for an act relating to human services; extending coverage of certain mental health services; changing certain civil commitment provisions; establishing a task force to study disposition of persons committed as sexually dangerous or sexual psychopathic personality; requiring a report; amending Minnesota Statutes 2004, sections 148C.11, subdivision 1; 253B.02, subdivisions 7, 9; 253B.05, subdivision 2; 256.9693; 256B.0624, by adding a subdivision; 260C.141, subdivision 2; 260C.193, subdivision 2; 260C.201, subdivisions 1, 2; 260C.205; 260C.212, subdivision 1; 609.2231, subdivision 3; repealing Laws 2001, First Special Session chapter 9, article 9, section 52; Laws 2002, chapter 335, section 4.

 

      The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said House File is herewith returned to the House.

 

Patrice Dworak, First Assistant Secretary of the Senate

 

 

Mr. 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. 2498, A bill for an act relating to public finance; authorizing purchases of certain guaranteed investment contracts; authorizing a special levy; modifying a taconite fund provision; modifying the authority of cities and counties to finance purchases of computers and related items; extending the term of certain notes; clarifying the financing of conservation easements; extending sunsets on establishment of special service districts and housing improvement areas; authorizing municipalities to improve streets and roads outside municipal boundaries; providing for financing of certain improvements; extending the maximum maturity of certain bonds; revising time for certain notices of issues; exempting obligations issued to pay judgments from net debt limits; modifying limits on city capital improvement bonds and enabling certain towns to issue bonds under a capital improvement plan; authorizing the issuance of certain revenue bonds; modifying certain tax increment financing provisions; providing a bidding exception; increasing reserve from public facilities pool for certain purposes; providing for payment of certain refunding bonds; abolishing the housing bond credit enhancement program and providing for debt service on the bonds; authorizing a tax abatement extension; providing for an international economic development zone; providing tax incentives; requiring a report; appropriating money for certain refunds; amending Minnesota Statutes 2004, sections 13.55, by adding a subdivision; 116J.556; 118A.05, subdivision 5; 272.02, subdivision 64, by adding a subdivision; 275.70, subdivision 5; 290.01, subdivisions 19b, 29; 290.06, subdivision 2c, by adding a subdivision; 290.067, subdivision 1; 290.0671, subdivision 1; 290.091, subdivision 2; 290.0921, subdivision 3; 290.0922, subdivisions 2, 3; 297A.68, by adding a subdivision; 298.223, subdivision 1; 343.11; 373.01, subdivision 3; 373.40, subdivision 1; 410.32; 412.301; 428A.101; 428A.21; 469.015, subdivision 4; 469.034, subdivision 2; 469.158; 469.174, subdivisions 11, 25; 469.175, subdivisions 1, 4a, 5, 6; 469.176, subdivisions 2, 4d; 469.1761, subdivisions 1, 3; 469.1763, subdivision 6; 469.177, subdivision 1; 469.1771, subdivision 5; 469.178, subdivision 1; 469.1813, subdivisions 1, 6; 473.197, subdivision 4; 473.39, subdivision 1f, by adding subdivisions; 474A.061, subdivision 2c; 474A.131, subdivision 1; 475.51, subdivision 4; 475.52, subdivisions 1, 3, 4; 475.521, subdivisions 1, 2, 3, 4; Laws 1996, chapter 412, article 5, section 24; Laws 2003, chapter 127, article 12, section 38; proposing coding for new law in Minnesota Statutes, chapters 428A; 429; 452; 469; repealing Minnesota Statutes 2004, sections 469.176, subdivision 1a; 469.1766; 473.197, subdivisions 1, 2, 3, 5; Laws 1998, chapter 389, article 11, section 19, subdivision 3.

 

Patrick E. Flahaven, Secretary of the Senate


Journal of the House - 66th Day - Monday, May 23, 2005 - Top of Page 5035


CONCURRENCE AND REPASSAGE

 

      Abrams moved that the House concur in the Senate amendments to H. F. No. 2498 and that the bill be repassed as amended by the Senate. The motion prevailed.

 

 

      H. F. No. 2498, A bill for an act relating to public finance; authorizing purchases of certain guaranteed investment contracts; authorizing a special levy; modifying a taconite fund provision; modifying the authority of cities and counties to finance purchases of computers and related items; extending the term of certain notes; clarifying the financing of conservation easements; extending sunsets on establishment of special service districts and housing improvement areas; authorizing municipalities to improve streets and roads outside municipal boundaries; providing for financing of certain improvements; extending the maximum maturity of certain bonds; revising time for certain notices of issues; exempting obligations issued to pay judgments from net debt limits; modifying limits on city capital improvement bonds and enabling certain towns to issue bonds under a capital improvement plan; authorizing the issuance of certain revenue bonds; modifying certain tax increment financing provisions; providing a bidding exception; increasing reserve from public facilities pool for certain purposes; providing for payment of certain refunding bonds; abolishing the housing bond credit enhancement program and providing for debt service on the bonds; authorizing a tax abatement extension; appropriating money for certain refunds; amending Minnesota Statutes 2004, sections 13.55, by adding a subdivision; 116J.556; 118A.05, subdivision 5; 272.02, subdivision 64; 272.0212, subdivisions 1, 2; 275.70, subdivision 5; 298.223, subdivision 1; 343.11; 373.01, subdivision 3; 373.40, subdivision 1; 410.32; 412.301; 428A.101; 428A.21; 469.015, subdivision 4; 469.034, subdivision 2; 469.158; 469.174, subdivisions 11, 25; 469.175, subdivisions 1, 2, 4a, 5, 6; 469.176, subdivisions 2, 4d; 469.1761, subdivisions 1, 3; 469.1763, subdivisions 2, 6; 469.177, subdivision 1; 469.1771, subdivision 5; 469.178, subdivision 1; 469.1813, subdivision 6; 473.197, subdivision 4; 473.39, by adding subdivisions; 474A.061, subdivision 2c; 474A.131, subdivision 1; 475.51, subdivision 4; 475.52, subdivisions 1, 3, 4; 475.521, subdivisions 1, 2, 3, 4; 475.58, subdivision 3b; 477A.013, by adding a subdivision; Laws 1996, chapter 412, article 5, section 24; Laws 1998, chapter 389, article 11, section 19, subdivision 3; Laws 2003, chapter 127, article 12, section 38; proposing coding for new law in Minnesota Statutes, chapters 429; 452; repealing Minnesota Statutes 2004, sections 469.176, subdivision 1a; 469.1766; 473.197, subdivisions 1, 2, 3, 5; 473.39, subdivision 1f; Laws 1994, chapter 587, article 9, section 20, subdivision 4.

 

 

      The bill was read for the third time, as amended by the Senate, and placed upon its repassage.

 

      The question was taken on the repassage of the bill and the roll was called. There were 127 yeas and 7 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Abrams

Anderson, I.

Atkins

Beard

Bernardy

Blaine

Bradley

Brod

Carlson

Charron

Clark

Cornish

Cox

Cybart

Davids

Davnie

Dean

DeLaForest

Demmer

Dempsey

Dill

Dittrich

Dorman

Dorn

Eastlund

Eken

Ellison

Emmer

Entenza

Erhardt

Erickson

Finstad

Fritz

Garofalo

Gazelka

Goodwin

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Hausman

Heidgerken

Hilstrom

Hilty

Holberg

Hoppe

Hornstein

Hortman

Hosch

Howes

Huntley

Jaros

Johnson, J.

Johnson, R.

Johnson, S.

Juhnke

Kahn

Kelliher

Klinzing

Knoblach

Koenen

Kohls

Lanning

Larson

Latz

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Magnus

Mahoney

Mariani

Marquart

McNamara

Meslow

Moe

Mullery

Murphy

Nelson, M.

Nelson, P.

Newman

Nornes

Opatz

Otremba

Ozment

Paulsen

Paymar

Pelowski

Penas

Peterson, A.

Peterson, N.

Peterson, S.

Poppe

Powell

Rukavina

Ruth

Ruud

Sailer

Samuelson

Scalze

Seifert

Sertich

Severson

Sieben

Simon

Simpson

Slawik

Smith

Soderstrom

Solberg

Sykora

Thao

Thissen

Tingelstad

Urdahl

Wagenius

Walker

Wardlow

Welti

Westerberg

Westrom

Zellers

Spk. Sviggum



Journal of the House - 66th Day - Monday, May 23, 2005 - Top of Page 5036


                Those who voted in the negative were:

 


Anderson, B.

Buesgens

Krinkie

Olson

Peppin

Vandeveer

Wilkin


 

 

      The bill was repassed, as amended by the Senate, and its title agreed to.

 

 

Mr. 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. 2448, A bill for an act relating to human services; making forecast adjustments for human services programs.

 

Patrick E. Flahaven, Secretary of the Senate

 

 

CONCURRENCE AND REPASSAGE

 

      Bradley moved that the House concur in the Senate amendments to H. F. No. 2448 and that the bill be repassed as amended by the Senate. The motion prevailed.

 

 

      H. F. No. 2448, A bill for an act relating to forecast adjustments; making forecast adjustments for prekindergarten through grade 12 education and human services programs; providing for human services savings; appropriating money; amending Minnesota Statutes 2004, sections 256B.0595, subdivision 2; 256B.0625, subdivisions 13e, 13f, by adding subdivisions; Laws 2003, First Special Session chapter 9, article 1, section 53, subdivision 2, as amended; Laws 2003, First Special Session chapter 9, article 1, section 53, subdivision 3, as amended; Laws 2003, First Special Session chapter 9, article 1, section 53, subdivision 5, as amended; Laws 2003, First Special Session chapter 9, article 1, section 53, subdivision 6, as amended; Laws 2003, First Special Session chapter 9, article 1, section 53, subdivision 11, as amended; Laws 2003, First Special Session chapter 9, article 1, section 53, subdivision 12, as amended; Laws 2003, First Special Session chapter 9, article 2, section 55, subdivision 2, as amended; Laws 2003, First Special Session chapter 9, article 2, section 55, subdivision 5, as amended; Laws 2003, First Special Session chapter 9, article 2, section 55, subdivision 7, as amended; Laws 2003, First Special Session chapter 9, article 2, section 55, subdivision 8; Laws 2003, First Special Session chapter 9, article 2, section 55, subdivision 9, as amended; Laws 2003, First Special Session chapter 9, article 2, section 55, subdivision 12, as amended; Laws 2003, First Special Session chapter 9, article 3, section 20, subdivision 2; Laws 2003, First Special Session chapter 9, article 3, section 20, subdivision 4, as amended; Laws 2003, First Special Session chapter 9, article 3, section 20, subdivision 5, as amended; Laws 2003, First Special Session chapter 9, article 3, section 20, subdivision 6, as amended; Laws 2003, First Special Session chapter 9, article 3, section 20, subdivision 7, as amended; Laws 2003, First Special Session chapter 9, article 3, section 20, subdivision 8, as amended; Laws 2003, First Special Session chapter 9, article 3, section 20, subdivision 9, as amended; Laws 2003, First Special Session chapter 9, article 3, section 20, subdivision 10; Laws 2003, First Special Session chapter 9, article 4, section 31, subdivision 2, as amended; Laws 2003, First Special Session chapter 9, article 4, section 31, subdivision 3, as amended; Laws 2003, First Special Session chapter 9, article 4, section 31, subdivision 4; Laws 2003, First Special Session chapter 9, article 5, section 35, subdivision 2, as amended; Laws 2003, First Special Session chapter 9, article 5, section 35, subdivision 3, as amended; Laws 2003, First Special Session chapter 9, article 6, section 4, as amended; Laws 2003, First Special Session chapter 9, article 7, section 11, subdivision 2; Laws 2003, First Special Session chapter 9, article 7, section 11, subdivision 3, as amended; Laws 2003, First Special Session chapter 9, article 7, section 11, subdivision 4; Laws 2003, First Special Session chapter 9, article 8, section 7, subdivision 2, as amended; Laws 2003, First Special Session chapter 9, article 8, section 7, subdivision 3; Laws 2003, First Special Session chapter 9, article 8, section 7, subdivision 5, as amended; Laws 2003, First Special Session chapter 9, article 9, section 9, subdivision 2, as amended; proposing coding for new law in Minnesota Statutes, chapter 501B.

 

 

      The bill was read for the third time, as amended by the Senate, and placed upon its repassage.


Journal of the House - 66th Day - Monday, May 23, 2005 - Top of Page 5037


                The question was taken on the repassage of the bill and the roll was called. There were 94 yeas and 40 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Abrams

Anderson, B.

Anderson, I.

Atkins

Beard

Blaine

Bradley

Brod

Carlson

Charron

Cornish

Cox

Cybart

Dean

DeLaForest

Demmer

Dempsey

Dill

Dittrich

Dorman

Eastlund

Emmer

Entenza

Erhardt

Erickson

Finstad

Garofalo

Gazelka

Greiling

Gunther

Hackbarth

Hamilton

Hansen

Heidgerken

Holberg

Hoppe

Hortman

Hosch

Howes

Johnson, J.

Johnson, S.

Klinzing

Knoblach

Kohls

Krinkie

Lanning

Larson

Latz

Lenczewski

Lesch

Lieder

Lillie

Loeffler

Magnus

Marquart

McNamara

Meslow

Moe

Nelson, P.

Newman

Nornes

Opatz

Ozment

Paulsen

Pelowski

Penas

Peppin

Peterson, N.

Peterson, S.

Powell

Ruth

Ruud

Sailer

Samuelson

Scalze

Seifert

Severson

Simon

Simpson

Slawik

Smith

Soderstrom

Solberg

Sykora

Tingelstad

Urdahl

Vandeveer

Wardlow

Westerberg

Westrom

Wilkin

Zellers

Spk. Sviggum


 

 

      Those who voted in the negative were:

 


Bernardy

Buesgens

Clark

Davids

Davnie

Dorn

Eken

Ellison

Fritz

Goodwin

Hausman

Hilstrom

Hilty

Hornstein

Huntley

Jaros

Johnson, R.

Juhnke

Kahn

Kelliher

Koenen

Liebling

Mahoney

Mariani

Mullery

Murphy

Nelson, M.

Olson

Otremba

Paymar

Peterson, A.

Poppe

Rukavina

Sertich

Sieben

Thao

Thissen

Wagenius

Walker

Welti


 

 

      The bill was repassed, as amended by the Senate, and its title agreed to.

 

 

CALENDAR FOR THE DAY

 

 

      S. F. No. 953, which was temporarily laid over earlier today on the Calendar for the Day, was again reported to the House.

 

 

      The pending Hosch et al amendment to S. F. No. 953, offered earlier today, was again reported to the House.

 

 

POINT OF ORDER

 

      Erhardt raised a point of order pursuant to rule 3.21 that the Hosch et al amendment was not in order. The Speaker ruled the point of order well taken and the Hosch et al amendment out of order.

 

 

      S. F. No. 953, A bill for an act relating to local government; increasing and indexing the compensation limit for local government employees; amending Minnesota Statutes 2004, section 43A.17, subdivision 9; repealing Minnesota Statutes 2004, section 356.611, subdivision 1.

 

 

      The bill was read for the third time and placed upon its final passage.


Journal of the House - 66th Day - Monday, May 23, 2005 - Top of Page 5038


                The question was taken on the passage of the bill and the roll was called. There were 83 yeas and 50 nays as follows:

 

      Those who voted in the affirmative were:

 


Abeler

Anderson, I.

Atkins

Beard

Bernardy

Bradley

Brod

Carlson

Charron

Clark

Cornish

Cox

Cybart

Davnie

Demmer

Dempsey

Dill

Dorn

Ellison

Entenza

Erhardt

Fritz

Garofalo

Greiling

Gunther

Hamilton

Hansen

Hausman

Hilstrom

Hilty

Hoppe

Hornstein

Hortman

Huntley

Jaros

Johnson, R.

Johnson, S.

Kahn

Kelliher

Klinzing

Lanning

Larson

Latz

Lenczewski

Lesch

Liebling

Lieder

Lillie

Loeffler

Magnus

Mahoney

Mariani

McNamara

Meslow

Murphy

Nelson, M.

Ozment

Paymar

Pelowski

Penas

Peppin

Peterson, N.

Peterson, S.

Poppe

Powell

Ruth

Sailer

Samuelson

Scalze

Severson

Sieben

Simon

Solberg

Sykora

Thao

Thissen

Tingelstad

Wagenius

Walker

Wardlow

Welti

Westerberg

Spk. Sviggum


 

 

      Those who voted in the negative were:

 


Abrams

Anderson, B.

Blaine

Buesgens

Davids

Dean

DeLaForest

Dittrich

Dorman

Eastlund

Eken

Emmer

Erickson

Finstad

Gazelka

Goodwin

Hackbarth

Heidgerken

Holberg

Hosch

Howes

Johnson, J.

Knoblach

Koenen

Kohls

Krinkie

Marquart

Moe

Mullery

Nelson, P.

Newman

Nornes

Olson

Opatz

Otremba

Paulsen

Peterson, A.

Rukavina

Ruud

Seifert

Sertich

Simpson

Slawik

Smith

Soderstrom

Urdahl

Vandeveer

Westrom

Wilkin

Zellers


 

 

      The bill was passed and its title agreed to.

 

 

      Paulsen moved that the remaining bills on the Calendar for the Day be continued. The motion prevailed.

 

 

ADJOURNMENT

 

      Paulsen moved that when the House adjourns today it adjourn until 12:00 noon, Wednesday, March 8, 2006. The motion prevailed.

 

      Paulsen moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 12:00 noon, Wednesday, March 8, 2006.

 

 

Albin A. Mathiowetz, Chief Clerk, House of Representatives

 

 

      ADJOURNMENT NOTE: Refer to House Concurrent Resolution No. 9, adopted on Wednesday, July 13, 2005, during the 2005 Special Session, relating to the convening of the 2006 Regular Session of the 84th Legislature on Wednesday, March 1, 2006 at 12:00 noon.