Journal of the House - 66th
Day - Monday, May 23, 2005 - Top of Page 4801
elections and
campaign finance; regulating Minneapolis teacher pensions; modifying provisions
related to the military and veterans; providing conforming amendments; amending
Minnesota Statutes 2004, sections 3.011; 3.012; 3.02; 10A.01, subdivisions 5,
21, 23, 26; 10A.025, by adding a subdivision; 10A.071, subdivision 3; 10A.08;
10A.20, subdivisions 2, 5, by adding a subdivision; 10A.27, subdivision 1;
10A.28, subdivision 2; 10A.31, subdivisions 1, 3, 4, 5, 6a; 11A.04; 11A.07,
subdivisions 4, 5; 11A.24, subdivision 6; 13.635, by adding a subdivision;
14.19; 15.054; 15B.17, subdivision 1; 16A.103, by adding a subdivision;
16A.1286, subdivisions 2, 3; 16A.152, subdivision 2; 16A.1522, subdivision 1;
16A.281; 16B.52, subdivision 1; 16C.10, subdivision 7; 16C.144; 16C.16,
subdivision 1, by adding a subdivision; 16C.23, by adding a subdivision;
43A.183; 43A.23, subdivision 1; 123B.63, subdivision 3; 126C.17, subdivision
11; 190.16, by adding a subdivision; 192.19; 192.261, subdivisions 1, 2;
192.501, subdivision 2; 193.29, subdivision 3; 193.30; 193.31; 197.608,
subdivision 5; 200.02, subdivisions 7, 23, by adding a subdivision; 201.022, by
adding a subdivision; 201.061, subdivision 3; 201.071, subdivision 1; 201.091,
subdivision 5; 203B.01, subdivision 3; 203B.02, subdivision 1; 203B.04,
subdivisions 1, 4, by adding a subdivision; 203B.07, subdivision 2; 203B.11,
subdivision 1; 203B.12, subdivision 2; 203B.20; 203B.21, subdivisions 1, 3;
203B.24, subdivision 1; 204B.10, subdivision 6; 204B.14, subdivision 2;
204B.16, subdivisions 1, 5; 204B.18, subdivision 1; 204B.22, subdivision 3;
204B.27, subdivisions 1, 3; 204B.33; 204C.05, subdivision 1a, by adding a
subdivision; 204C.08, subdivision 1; 204C.24, subdivision 1; 204C.28,
subdivision 1; 204C.50, subdivisions 1, 2; 204D.03, subdivision 1; 204D.14,
subdivision 3; 204D.27, subdivision 5; 205.10, subdivision 3; 205.175,
subdivision 2; 205A.05, subdivision 1; 205A.09, subdivision 1; 206.56, subdivisions
2, 3, 7, 8, 9, by adding subdivisions; 206.57, subdivisions 1, 5, by adding a
subdivision; 206.58, subdivision 1; 206.61, subdivisions 4, 5; 206.64,
subdivision 1; 206.80; 206.81; 206.82, subdivisions 1, 2; 206.83; 206.84,
subdivisions 1, 3, 6; 206.85, subdivision 1; 206.90, subdivisions 1, 4, 5, 6,
8, 9; 208.03; 208.04, subdivision 1; 208.05; 208.06; 208.07; 208.08; 211B.01,
subdivision 3; 240A.02, subdivision 3; 354A.08; 354A.12, subdivisions 3a, 3b;
358.11; 373.40, subdivision 2; 375.20; 394.25, by adding a subdivision; 447.32,
subdivision 4; 458.40; 462.357, by adding a subdivision; 465.82, subdivision 2;
465.84; 469.053, subdivision 5; 469.0724; 469.190, subdivision 5; 471.345, by
adding a subdivision; 471.975; 473.147, by adding a subdivision; 475.521,
subdivision 2; 475.58, subdivisions 1, 1a; 475.59; 507.093; 507.24, subdivision
2; Laws 2000, chapter 461, article 4, section 4, as amended; proposing coding
for new law in Minnesota Statutes, chapters 3; 4; 5; 6; 8; 10A; 14; 15; 15B;
16A; 16B; 16C; 43A; 196; 197; 204D; 205; 205A; 206; 298; 354A; 471; 507;
proposing coding for new law as Minnesota Statutes, chapter 471B; repealing
Minnesota Statutes 2004, sections 16A.151, subdivision 5; 16A.30; 16B.33;
43A.11, subdivision 2; 197.455, subdivision 3; 204B.22, subdivision 2; 204C.05,
subdivisions 1a, 1b; 204C.50, subdivision 7; 205.175; 205A.09; 240A.08;
354A.28; Minnesota Rules, parts 4501.0300, subparts 1, 4; 4501.0500, subpart 4;
4501.0600; 4503.0200, subpart 4; 4503.0300, subpart 2; 4503.0400, subpart 2;
4503.0500, subpart 9; 4503.0800, subpart 1.
May 23, 2005
The
Honorable Steve Sviggum
Speaker of
the House of Representatives
The
Honorable James P. Metzen
President of
the Senate
We, the undersigned conferees for H. F.
No. 1481, report that we have agreed upon the items in dispute and recommend as
follows:
That the Senate recede from its amendment
and that H. F. No. 1481 be further amended as follows:
Delete everything after the enacting
clause and insert:
"ARTICLE 1
STATE GOVERNMENT APPROPRIATIONS
Section 1. [STATE GOVERNMENT
APPROPRIATIONS.]
Journal of the House - 66th
Day - Monday, May 23, 2005 - Top of Page 4802
The sums shown in the columns
marked "APPROPRIATIONS" are appropriated from the general fund, or
another fund named, to the agencies and for the purposes specified in this
article, to be available for the fiscal years indicated for each purpose. The
figures "2005," "2006," and "2007," where used in
this article, mean that the appropriation or appropriations listed under them
are available for the year ending June 30, 2005, June 30, 2006, or June 30,
2007, respectively.
SUMMARY BY FUND
2006
2007 TOTAL
General
$295,666,000 $301,319,000 $596,985,000
Health Care Access
1,782,000 1,782,000 3,564,000
State Government Special
Revenue
2,178,000 2,194,000 4,372,000
Environmental
436,000 436,000 872,000
Remediation
484,000 484,000 968,000
Special Revenue
4,395,000 5,541,000 9,936,000
Highway User Tax
Distribution
2,097,000 2,097,000 4,194,000
Workers' Compensation
7,552,000 7,458,000 15,010,000
TOTAL
$314,590,000 $321,311,000 $635,901,000
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
Sec. 2. LEGISLATURE
Subdivision 1. Total Appropriation
$54,272,000 $62,042,000
Summary by Fund
General
54,144,000 61,914,000
Health Care Access 128,000 128,000
The amounts that may be spent from this appropriation for each program
are specified in the following subdivisions.
Subd. 2. Senate
17,965,000 20,654,000
Subd. 3. House of Representatives
24,177,000
27,790,000
Journal
of the House - 66th Day - Monday, May 23, 2005 - Top of Page 4803
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
During the biennium ending June 30, 2007, any revenues received by the
house of representatives from sponsorship notices in broadcast or print media
are appropriated to the house of representatives.
Subd. 4. Legislative Coordinating Commission
12,130,000
13,598,000
Summary by Fund
General
12,002,000 13,470,000
Health Care Access 128,000 128,000
$360,000 the first year and $360,000 the second year are for public
information television, Internet, Intranet, and other transmission of
legislative activities. At least one-half must go for programming to be
broadcast and transmitted to rural Minnesota.
On July 1, 2005, the commissioner of finance shall transfer $1,764,000
of unspent fees from the special revenue fund dedicated for the Electronic Real
Estate Recording Task Force to the general fund.
On July 1, 2005, the commissioner of finance shall cancel $2,500,000 of
the legislature's accumulated carryforward account balances, divided equally
between the senate and house balances, to the general fund.
$4,645,000 the first year and $5,143,000 the second year are for the
Office of the Revisor of Statutes.
$1,016,000 the first year and $1,154,000 the second year are for the
Legislative Reference Library.
$4,530,000 the first year and $5,206,000 the second year are for the
Office of the Legislative Auditor.
During the biennium ending June 30, 2007, the commission shall study
and report to the legislature on all matters relating to the economic status of
women in Minnesota, including: (1) the contributions of women to the economy;
(2) economic security of homemakers and women in the labor force; (3)
opportunities for education and vocational training; (4) employment
opportunities; (5) women's access to benefits and services provided to citizens of
Journal
of the House - 66th Day - Monday, May 23, 2005 - Top of Page 4804
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
this state; and (6) laws and business practices constituting barriers
to the full participation by women in the economy. The commission shall also
study the adequacy of programs and services relating to families in Minnesota.
The commission shall communicate its findings and make recommendations to the
legislature on an ongoing basis.
During the biennium ending June 30, 2007, the Legislative Coordinating
Commission must coordinate efforts of the senate, house of representatives, and
the state chief information officer to provide wireless Internet service in the
Capitol and the State Office Building. The commission may accept nonstate funds
to support the installation and support of wireless Internet access, which are appropriated to the commission for this purpose.
Services provided by the chief information officer under this provision are
available to the public. Any provision of wireless Internet access services
under this provision must include appropriate security measures, and be
coordinated with overall state telecommunications and security
strategies and architectures.
Sec. 3. GOVERNOR AND LIEUTENANT GOVERNOR 3,584,000 3,584,000
This appropriation is to fund the offices of the governor and
lieutenant governor.
$19,000 the first year and $19,000 the second year are for necessary
expenses in the normal performance of the governor's and lieutenant governor's
duties for which no other reimbursement is provided.
By September 1 of each year, the commissioner of finance shall report
to the chairs of the senate Governmental Operations Budget Division and the
house State Government Finance Division any personnel costs incurred by the
Office of the Governor and Lieutenant Governor that were supported by
appropriations to other agencies during the previous fiscal year. The Office of
the Governor shall inform the chairs of the divisions before initiating any interagency
agreements.
Sec. 4. STATE AUDITOR
8,273,000 8,273,000
Sec. 5. ATTORNEY GENERAL
25,152,000 25,192,000
Summary by Fund
General
22,745,000 22,769,000
Journal
of the House - 66th Day - Monday, May 23, 2005 - Top of Page 4805
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
State
Government
Special
Revenue
1,778,000 1,794,000
Environmental 145,000 145,000
Remediation
484,000 484,000
Sec. 6. SECRETARY OF STATE
5,905,000 6,077,000
$25,000 each year is for the
use of the task force established in Minnesota Statutes, section 507.094, for
the purposes in that section. $25,000 is included in the base budget for fiscal
year 2008 for this purpose.
Sec. 7. CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD
694,000 694,000
Sec. 8. INVESTMENT BOARD
2,167,000 2,167,000
Sec. 9. OFFICE OF ENTERPRISE TECHNOLOGY
1,803,000 1,803,000
Sec. 10. ADMINISTRATIVE HEARINGS 7,714,000 7,620,000
Summary by Fund
General
262,000 262,000
Workers'
Compensation
7,452,000 7,358,000
$203,000 the first year and
$109,000 the second year are from the workers' compensation fund for technology
improvements. The base appropriation for these improvements is $158,000 in
fiscal year 2008 and $165,000 in fiscal year 2009.
For fiscal years 2006 and
2007, the Administrative Law Division of the Office of Administrative Hearings
shall charge the fees approved by the commissioner of finance under Minnesota
Statutes, section 16A.126.
Sec. 11. ADMINISTRATION
Subdivision 1. Total Appropriation
25,558,000 20,375,000
The amounts that may be
spent from this appropriation for each program are specified in the following
subdivisions.
Journal
of the House - 66th Day - Monday, May 23, 2005 - Top of Page 4806
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
Subd. 2. State Facilities Services
16,070,000
10,946,000
$5,124,000 the first year is for
onetime funding of agency relocation expenses. The Department of Human Services
will obtain federal reimbursement for associated relocation expenses. This
amount, estimated to be $1,870,000, will be deposited in the general fund.
$7,888,000 the first year and
$7,888,000 the second year are for office space costs of the legislature and
veterans organizations, for ceremonial space, and for statutorily free space.
$2,000,000 of the balance in the state
building code account in the state government special revenue fund is canceled
to the general fund.
$1,950,000 the first year and
$1,950,000 the second year of the balance in the facilities repair and
replacement account in the special revenue fund is canceled to the general
fund. This is a onetime cancellation.
Subd. 3. State and Community Services
2,921,000
3,012,000
$714,000 the first year and $805,000
the second year are for the Land Management Information Center. The base
appropriation is $258,000 in fiscal year 2008 and $258,000 in fiscal year 2009.
$196,000 the first year and $196,000
the second year are for the Office of the State Archaeologist.
Subd. 4. Administrative Management
Services
4,712,000 4,562,000
$150,000 the first year is for a
onetime grant to Assistive Technology of Minnesota to administer a microloan
program to support purchase of equipment and devices for people with
disabilities and their families and employers, and to develop the Access to
Telework program. This appropriation is available until June 30, 2007.
$74,000 the first year and $74,000
the second year are for the Developmental Disabilities Council.
Journal
of the House - 66th Day - Monday, May 23, 2005 - Top of Page 4807
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
Subd. 5. Public Broadcasting
1,855,000
1,855,000
$963,000 the first year and $963,000
the second year are for matching grants for public television.
$398,000 the first year and $398,000
the second year are for public television equipment grants.
Equipment or matching grant
allocations shall be made after considering the recommendations of the
Minnesota Public Television Association.
$17,000 the first year and $17,000
the second year are for grants to the Twin Cities regional cable channel.
$287,000 the first year and $287,000
the second year are for community service grants to public educational radio
stations. The grants must be allocated after considering the recommendations of
the Association of Minnesota Public Educational Radio Stations under Minnesota
Statutes, section 129D.14.
$190,000 the first year and $190,000
the second year are for equipment grants to Minnesota Public Radio, Inc. This
appropriation is contingent on Minnesota Public Radio, Inc. making public a
list containing the position and salary of each employee and single individual
providing personal services under a contract who is paid more than $100,000 per
year by Minnesota Public Radio, Inc. or a related organization as defined in
Minnesota Statutes, section 317A.011, subdivision 18.
Any unencumbered balance remaining
the first year for grants to public television or radio stations does not
cancel and is available for the second year.
Sec. 12. CAPITOL AREA ARCHITECTURAL AND
PLANNING BOARD
269,000 270,000
During the biennium ending June 30,
2007, money received by the board from public agencies, as provided by
Minnesota Statutes, section 15B.17, subdivision 1, is appropriated to the
board.
Sec. 13. FINANCE
Subdivision 1. Total Appropriation
14,808,000 14,808,000
The amounts that may be spent from
this appropriation for each program are specified in the following
subdivisions.
Journal
of the House - 66th Day - Monday, May 23, 2005 - Top of Page 4808
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
No later than June 30, 2006, and
June 30, 2007, the commissioner of finance,
in consultation with the commissioner of administration, must determine the savings attributable to the "Drive to Excellence" in fiscal
year 2006 and fiscal year 2007, respectively. The savings are estimated to be
$1,000,000 for the biennium. The commissioner must deposit the amount
determined for each year in the general fund.
Subd. 2. State Financial Management
8,447,000
8,447,000
Subd. 3. Information and Management
Services
6,361,000
6,361,000
Up to $3,000,000 of the amounts
billed to state agencies under Minnesota Statutes, section 16A.1286, for the
biennium ending June 30, 2005, and not needed to provide statewide system
services during that time, must be carried forward from fiscal year 2005 to
fiscal year 2006. On July 1, 2005, the commissioner shall transfer that amount
to the general fund.
Sec. 14. EMPLOYEE RELATIONS
5,667,000 5,556,000
Sec. 15. REVENUE
Subdivision 1. Total Appropriation
101,644,000 105,442,000
Summary by Fund
General
97,602,000 101,400,000
Health Care
Access
1,654,000 1,654,000
Highway User
Tax Distribution 2,097,000 2,097,000
Environmental 291,000 291,000
The amounts that may be spent from
this appropriation for each program are specified in the following
subdivisions.
Subd. 2. Tax System Management
84,712,000
87,351,000
Summary by Fund
General
80,670,000 83,309,000
Journal
of the House - 66th Day - Monday, May 23, 2005 - Top of Page 4809
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
Health Care
Access
1,654,000 1,654,000
Highway
User Tax Distribution 2,097,000 2,097,000
Environmental 291,000 291,000
$6,311,000 the first year
and $7,950,000 the second year are for additional activities to identify and
collect tax liabilities from individuals and businesses that currently do not
pay all taxes owed. This initiative is expected to result in new general fund
revenues of $49,400,000 for the biennium ending June 30, 2007.
The department must report
to the chairs of the house of representatives Ways and Means and senate Finance
Committees by March 1, 2006, and January 15, 2007, on the following performance
indicators:
(1) the number of
corporations noncompliant with the corporate tax system each year and the
percentage and dollar amounts of valid tax liabilities collected;
(2) the number of businesses
noncompliant with the sales and use tax system and the percentage and dollar
amount of the valid tax liabilities collected; and
(3) the number of individual
noncompliant cases resolved and the percentage and dollar amounts of valid tax
liabilities collected.
The reports must also
identify base-level expenditures and staff positions related to compliance and
audit activities, including baseline information as of January 1, 2004. The
information must be provided at the budget activity level.
$30,000 the first year and
$30,000 the second year are for preparation of the income tax sample.
Subd. 3. Accounts Receivable Management
16,932,000
18,091,000
$1,208,000 the first year
and $2,367,000 the second year are for additional activities to identify and
collect tax liabilities from individuals and businesses that currently do not
pay all taxes owed. This initiative is expected to result in new general
revenues of $41,300,000 for the biennium ending June 30, 2007.
Journal
of the House - 66th Day - Monday, May 23, 2005 - Top of Page 4810
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
The commissioner, in consultation with other state agencies and local
units of government, shall develop recommendations for: (1) consolidating and
coordinating the collection of debt owed to governmental units; (2) eliminating
the fragmentation of contacts from government agencies with debtors owing such
debts; (3) reducing the cost of collecting debt owed to governmental units; and
(4) the collection of substantially larger portions of the debt owed to all
government units.
The commissioner shall report the recommendations to the governor and
the chairs of the legislative committees with jurisdiction over the department
by February 15, 2006.
Sec. 16. MILITARY AFFAIRS
Subdivision 1. Total Appropriation
17,922,000 18,439,000
Summary by Fund
General
17,584,000 17,584,000
Special Revenue 338,000 855,000
The amounts that may be spent from this appropriation for each program
are specified in the following subdivisions.
Subd. 2. Maintenance of Training Facilities
5,590,000
5,590,000
Subd. 3. General Support
1,787,000
1,787,000
$30,000 the first year and $30,000 the second year are for the
operation and staffing of the Minnesota National Guard Youth Camp at Camp
Ripley. This is a onetime appropriation and must be matched by nonstate
sources.
Subd. 4. Enlistment Incentives
10,207,000
10,207,000
$3,850,000 each year is to provide the additional amount needed for
full funding of the tuition reimbursement program in Minnesota Statutes,
section 192.501, subdivision 2.
Journal
of the House - 66th Day - Monday, May 23, 2005 - Top of Page 4811
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
$1,500,000 each year is for reenlistment bonuses under Minnesota
Statutes, section 192.501, subdivision 1b.
$338,000 the first year and $855,000 the second year are from the
account established in new Minnesota Statutes, section 190.19, for grants under
that section.
If appropriations for either year of the biennium are insufficient, the
appropriation from the other year is available. The appropriations for
enlistment incentives are available until expended.
Sec. 17. VETERANS AFFAIRS
4,706,000 4,970,000
Summary by Fund
General
4,369,000 4,115,000
Special Revenue 337,000 855,000
$357,000 the first year and $103,000 the second year are from the
general fund, and $337,000 the first year and $855,000 the second year are from
the account established in Minnesota Statutes, section 190.19, for: (1)
veterans' services provided by Veterans of Foreign Wars, the Military Order of
the Purple Heart, Disabled American Veterans, and the Vietnam Veterans of
America; (2) grants for veterans' services to the Vinland Center and the
Minnesota Assistance Council for Veterans; and (3) an outreach and assistance
initiative for underserved veterans. The general fund portion of this
appropriation must first be used for the base budget funding for the
organizations listed in clause (1).
Any balance in the first year does not cancel but is available in the
second year.
In each fiscal year, the commissioner of finance must distribute the
amounts received in the account established in Minnesota Statutes, section
190.19, so that the appropriations from the account are divided equally between
this section and section 16, subdivision 4.
Sec. 18. GAMBLING CONTROL
2,800,000 2,800,000
These appropriations are from the lawful gambling regulation account in
the special revenue fund.
Sec. 19. RACING COMMISSION
674,000 835,000
Journal
of the House - 66th Day - Monday, May 23, 2005 - Top of Page 4812
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
(a) These appropriations are from the racing and card playing
regulation account in the special revenue fund.
(b) $253,000 for the fiscal year ending June 30, 2006, and $414,000 for
the fiscal year ending June 30, 2007, are from the racing and card playing
regulation account in the special revenue fund. If the commission does not spend
all of the revenue from the interim license fee authorized by Laws 2003, First
Special Session chapter 1, article 2, section 69, in fiscal year 2005 or fiscal
year 2006, the commission must reduce the amount of fees charged to the
feepayers in fiscal year 2007 by the amount unspent. The Racing Commission must
file monthly expenditure reports with the commissioner of finance for money
spent from the appropriation in this paragraph.
(c) The racing commission may not hire new employees or enter into new
contracts with money subject to paragraph (b) before resolution of the petition
for judicial review filed by the Columbus Concerned Citizens Group.
Sec. 20. STATE LOTTERY
Notwithstanding Minnesota Statutes, section 349A.10, the operating
budget must not exceed $26,700,000 in fiscal year 2006 and $27,350,000 in
fiscal year 2007.
On July 1, 2005, the director of the State Lottery shall transfer
unclaimed prize funds accumulated before July 1, 2003, in the amount of
$2,187,000, to the general fund.
Sec. 21. TORT CLAIMS
161,000 161,000
To be spent by the commissioner of finance.
If the appropriation for either year is insufficient, the appropriation
for the other year is available for it.
Sec. 22. MINNESOTA STATE RETIREMENT SYSTEM
1,176,000 1,205,000
The amounts estimated to be needed for each program are as follows:
(a) Legislators
783,000 802,000
Under Minnesota Statutes, sections 3A.03, subdivision 2; 3A.04,
subdivisions 3 and 4; and 3A.115.
Journal
of the House - 66th Day - Monday, May 23, 2005 - Top of Page 4813
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
(b) Constitutional Officers 393,000 403,000
Under Minnesota Statutes, sections 352C.031, subdivision 5; 352C.04,
subdivision 3; and 352C.09, subdivision 2.
If an appropriation in this section for either year is insufficient,
the appropriation for the other year is available for it.
Sec. 23. MINNEAPOLIS EMPLOYEES RETIREMENT FUND
8,065,000 8,065,000
The amounts estimated to be needed under Minnesota Statutes, section
422A.101, subdivision 3.
Sec. 24. MINNEAPOLIS TEACHERS RETIREMENT FUND 15,800,000 15,800,000
The amounts estimated to be needed are as follows:
(a) Special direct state aid to first class city
teachers retirement funds
13,300,000
13,300,000
Authorized under Minnesota Statutes, section 354A.12, subdivisions 3a
and 3c.
(b) Special direct state matching aid to Minneapolis Teachers
Retirement Fund
2,500,000
2,500,000
Authorized under Minnesota Statutes, section 354A.12, subdivision 3b.
Sec. 25. ST. PAUL TEACHERS RETIREMENT FUND
2,967,000 2,967,000
The amounts estimated to be needed for special direct state aid to
first class city teachers retirement funds authorized under Minnesota Statutes,
section 354A.12, subdivisions 3a and 3c.
Sec. 26. AMATEUR SPORTS COMMISSION
300,000 206,000
Sec. 27. COUNCIL ON BLACK MINNESOTANS 278,000 278,000
Sec. 28. COUNCIL ON CHICANO/LATINO AFFAIRS
271,000 271,000
Sec. 29. COUNCIL ON ASIAN-PACIFIC MINNESOTANS 239,000 240,000
Journal
of the House - 66th Day - Monday, May 23, 2005 - Top of Page 4814
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
Sec. 30. INDIAN AFFAIRS COUNCIL
475,000 475,000
Sec. 31. GENERAL CONTINGENT ACCOUNTS
1,000,000 500,000
Summary by Fund
General
500,000 -0-
State
Government Special Revenue 400,000 400,000
Workers'
Compensation
100,000 100,000
The appropriations in this
section may only be spent with the approval of the governor after consultation
with the Legislative Advisory Commission pursuant to Minnesota Statutes,
section 3.30.
If an appropriation in this
section for either year is insufficient, the appropriation for the other year
is available for it.
If a contingent account
appropriation is made in one fiscal year, it should be considered a biennial
appropriation.
Sec. 32. RACING COMMISSION APPROPRIATION
$156,000 in fiscal year 2005
is appropriated to the Minnesota Racing Commission from the special revenue
fund. $113,000 of this amount is from the interim license fee authorized by
Laws 2003, First Special Session chapter 1, article 2, section 69, to defray
the regulatory oversight and legal costs associated with the class A license
approved by the commission on January 19, 2005. Any unexpended portion of this
appropriation remains available in fiscal year 2006.
[EFFECTIVE
DATE.] This section is effective the day following final enactment.
Sec. 33. DEPARTMENT OF PUBLIC SAFETY
246,000 196,000
These appropriations are for
the costs of issuing the "Support Our Troops" license plates. These
appropriations are from the vehicle services operating account in the special
revenue fund.
Journal of the House - 66th
Day - Monday, May 23, 2005 - Top of Page 4815
ARTICLE 2
STATE GOVERNMENT OPERATIONS
Section 1. [5.31] [STATEWIDE VOTER
REGISTRATION SYSTEM.]
The secretary of state may sell
intellectual property rights associated with the statewide voter registration
system to other states or to units of local government in other states.
Receipts from the sale must be deposited in the state treasury and credited to
the Help America Vote Act account.
Sec. 2. [6.755] [REPORTS TO THE
LEGISLATURE.]
Section 3.195 applies to the state
auditor. For purposes of determining whether members or employees of the
legislature wish to receive reports or publications prepared by the state
auditor, the state auditor may send a brief listing of reports to each member.
The state auditor must deliver reports or publications to the legislature
electronically whenever it is cost effective.
[EFFECTIVE
DATE.] This section is effective the day following final enactment.
Sec. 3. [6.79] [STATE MANDATES.]
A county, town, school district, or
statutory or home rule charter city may file a written resolution with the
state auditor objecting to a state mandate or making recommendations for
reforming a state mandate. The state auditor must list on the state auditor's
Web site a list of all state mandates cited in a resolution under this section,
and the name of the unit of local government citing the mandate.
Sec. 4. [6.80] [RULE AND LAW WAIVER
REQUESTS.]
Subdivision 1. [GENERALLY.] (a)
Except as provided in paragraph (b), a local government unit may request the
state auditor to grant a waiver from one or more administrative rules or a
temporary, limited exemption from enforcement of state procedural laws
governing delivery of services by the local government unit. Two or more local
government units may submit a joint application for a waiver or exemption under
this section if they propose to cooperate in providing a service or program
that is subject to the rule or law. Before submitting an application to the
state auditor, the governing body of the local government unit must approve, in
concept, the proposed waiver or exemption at a meeting required to be public
under chapter 13D. A local government unit or two or more units acting jointly
may apply for a waiver or exemption on behalf of a nonprofit organization
providing services to clients whose costs are paid by the unit or units. A
waiver or exemption granted to a nonprofit organization under this section
applies to services provided to all the organization's clients.
(b) A school district that is granted a
variance from rules of the commissioner of education under section 122A.163,
need not apply for a waiver of those rules under this section. A school
district may not seek a waiver of rules under this section if the commissioner
of education has authority to grant a variance to the rules under section
122A.163. This paragraph does not preclude a school district from being
included in a cooperative effort with another local government unit under this
section.
(c) Before petitioning the state
auditor's office for an exemption from an administrative rule, the petitioner
must have requested and been denied such an exemption from the appropriate
agency pursuant to sections 14.055 and 14.056.
Journal of the House - 66th
Day - Monday, May 23, 2005 - Top of Page 4816
Subd. 2. [APPLICATION.] A
local government unit requesting a waiver of a rule or exemption from
enforcement of a law under this section shall present a written application to
the state auditor. The application must include:
(1) the name and address of the entity
for whom a waiver of a rule or exemption from enforcement of a law is being
requested;
(2) identification of the service or
program at issue;
(3) identification of the
administrative rule or the law imposing a procedural requirement with respect
to which the waiver or exemption is sought;
(4) a description of the improved
service outcome sought, including an explanation of the effect of the waiver or
exemption in accomplishing that outcome, and why that outcome cannot be
accomplished under established rules or laws;
(5) information on the state auditor's
office treatment on similar cases;
(6) the name, address, and telephone
number of any person, business, or other government unit the petitioner knows
would be adversely affected by the grant of the petition; and
(7) a signed statement as to the
accuracy of the facts presented.
A copy of
the application must be provided by the requesting local government unit to the
exclusive representative certified under section 179A.12 to represent employees
who provide the service or program affected by the requested waiver or
exemption.
Subd. 3. [REVIEW PROCESS.] (a)
Upon receipt of an application from a local government unit, the state auditor
shall review the application. The state auditor shall dismiss an application if
the application proposes a waiver of rules or exemption from enforcement of
laws that would result in due process violations, violations of federal law or
the state or federal constitution, or the loss of services to people who are
entitled to them.
(b) The state auditor shall determine
whether a law from which an exemption for enforcement is sought is a procedural
law, specifying how a local government unit is to achieve an outcome, rather
than a substantive law prescribing the outcome or otherwise establishing
policy. For the purposes of this section, "procedural law" does not
include a statutory notice requirement. In making the determination, the state
auditor shall consider whether the law specifies such requirements as:
(1) who must deliver a service;
(2) where the service must be
delivered;
(3) to whom and in what form reports
regarding the service must be made; and
(4) how long or how often the service
must be made available to a given recipient.
(c) If the application requests a
waiver of a rule or temporary, limited exemptions from enforcement of a
procedural law over which the Metropolitan Council or a metropolitan agency has
jurisdiction, the state auditor shall also transmit a copy of the application
to the council or applicable metropolitan agency, whichever has jurisdiction,
for review and comment. The council or agency shall report its comments to the
board within 60 days of the date the application was transmitted to the council
or agency. The council or agency may point out any resources or technical
assistance it may be able to provide a local government unit submitting a
request under this section.
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(d) Within 15 days after
receipt of the application, the state auditor shall transmit a copy of it to
the commissioner of each agency having jurisdiction over a rule or law from
which a waiver or exemption is sought. The agency may mail a notice that it has
received an application for a waiver or exemption to all persons who have
registered with the agency under section 14.14, subdivision 1a, identifying the
rule or law from which a waiver or exemption is requested. If no agency has
jurisdiction over the rule or law, the state auditor shall transmit a copy of
the application to the attorney general. The agency shall inform the state
auditor of its agreement with or objection to and grounds for objection to the
waiver or exemption request within 60 days of the date when the application was
transmitted to it. An agency's failure to do so is considered agreement to the
waiver or exemption. The state auditor shall decide whether to grant a waiver
or exemption at the end of the 60-day response period. Interested persons may
submit written comments to the state auditor on the waiver or exemption request
up to the end of the 60-day response period.
(e) If the exclusive representative of
the affected employees of the requesting local government unit objects to the
waiver or exemption request it may inform the state auditor of the objection to
and the grounds for the objection to the waiver or exemption request within 60
days of the receipt of the application.
Subd. 4. [HEARING.] If a state
agency under subdivision 3, paragraph (d), or the exclusive representative of
the affected employees under subdivision 3, paragraph (e), has objected to a
waiver or exemption request, the state auditor's office shall set a date for a
hearing on the applications. The hearing must be conducted informally at a time
and place determined by all parties. Persons representing the local government
unit shall present their case for the waiver or exemption, and persons
representing the agency or the exclusive representative of the affected
employees shall explain their objection to it. The state auditor may request
additional information from the local government unit or either objecting
party. The state auditor may also request, either before or at the hearing,
information or comments from representatives of business, labor, local
governments, state agencies, consultants, and members of the public. If
necessary, the hearing may be continued for a later date. The state auditor may
modify the terms of the waiver or exemption request in arriving at the
agreement required under subdivision 5.
Subd. 5. [CONDITIONS OF
AGREEMENTS.] (a) In determining whether to grant a petition for a waiver of
a rule or exemption from enforcement of a law, the state auditor should
consider the following factors:
(1) whether there is a true and unique
impediment under current law to accomplishing the goal of the local government
unit;
(2) granting the waiver of a rule or
exemption from enforcement of law will only change procedural requirements of a
local government unit;
(3) the purpose of any rule or law that
is waived is still being met in another manner;
(4) granting the proposed waiver of a
rule or exemption from enforcement of a law would result in a more efficient
means of providing government services; and
(5) granting the proposed waiver will
not have a significant negative impact on other state government, local
government units, businesses, or citizens.
(b) If the state auditor grants a
request for a waiver or exemption, the state auditor and the local government
unit shall enter into an agreement providing for the delivery of the service or
program that is the subject of the application. The agreement must specify
desired outcomes, the reasons why the desired outcomes cannot be met under
current laws or rules, and the means of measurement by which the state auditor
will determine whether the outcomes specified in the agreement have been met.
The agreement must specify the duration of the waiver or exemption. The
duration of a waiver from an administrative rule may be for no less than two
years and no more than four years, subject to renewal if both parties agree. An
exemption from enforcement of a law terminates ten days after adjournment of
the regular legislative session held during the calendar year following the
year when the exemption is granted, unless the legislature has acted to extend
or make permanent the exemption.
Journal of the House - 66th
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(c) The state auditor must
report any grants of waivers or exemptions to the legislature, including the
chairs of the governmental operations and appropriate policy committees in the
house and senate, and the governor within 30 days.
(d) The state auditor may reconsider or
renegotiate the agreement if the rule or law affected by the waiver or
exemption is amended or repealed during the term of the original agreement. A
waiver of a rule under this section has the effect of a variance granted by an
agency under section 14.055. A local unit of government that is granted an
exemption from enforcement of a procedural requirement in state law under this
section is exempt from that law for the duration of the exemption. The state
auditor may require periodic reports from the local government unit, or conduct
investigations of the service or program.
Subd. 6. [ENFORCEMENT.] If the
state auditor finds that the local government unit is failing to comply with
the terms of the agreement under subdivision 5, the state auditor may rescind
the agreement. Upon the rescission, the local unit of government becomes
subject to the rules and laws covered by the agreement.
Subd. 7. [ACCESS TO DATA.] If a
local government unit, through a cooperative program under this section, gains
access to data collected, created, received, or maintained by another local
government that is classified as not public, the unit gaining access is
governed by the same restrictions on access to and use of the data as the unit
that collected, created, received, or maintained the data.
Sec. 5. [8.065] [PRIVATE ATTORNEY
CONTRACTS.]
The attorney general may not enter into
a contract for legal services in which the fees and expenses paid by the state
exceed, or can reasonably be expected to exceed, $1,000,000 unless the attorney
general first submits the proposed contract to the Legislative Advisory
Commission, and waits at least 20 days to receive a possible recommendation
from the commission.
Sec. 6. [10.60] [PUBLIC WEB SITES AND
PUBLICATIONS.]
Subdivision 1. [DEFINITIONS.] For
purposes of this section:
(1) "political subdivision"
means a county, statutory or home rule charter city, town, school district, or
other municipal corporation, and the Metropolitan Council and a metropolitan or
regional agency;
(2) "publication" means a
document printed with public money by an elected or appointed official of a
state agency or political subdivision that is intended to be distributed
publicly outside of the state agency or political subdivision;
(3) "state agency" means an
entity in the executive, judicial, or legislative branch of state government;
and
(4) "Web site" means a site
maintained on the World Wide Web that is available for unrestricted public
access and that is maintained with public money by an elected or appointed
official of a state agency or political subdivision.
Subd. 2. [PURPOSE OF WEB SITE AND
PUBLICATIONS.] The purpose of a Web site and a publication must be to
provide information about the duties and jurisdiction of a state agency or
political subdivision or to facilitate access to public services and
information related to the responsibilities or functions of the state agency or
political subdivision.
Journal of the House - 66th
Day - Monday, May 23, 2005 - Top of Page 4819
Subd. 3. [PROHIBITIONS.] (a)
A Web site or publication must not include pictures or other materials that
tend to attribute the Web site or publication to an individual or group of
individuals instead of to a public office, state agency, or political
subdivision. A publication must not include the words "with the
compliments of" or contain letters of personal greeting that promote an
elected or appointed official of a state agency or political subdivision.
(b) A Web site may not contain a link
to a Weblog or site maintained by a candidate, a political committee, a
political party or party unit, a principal campaign committee, or a state
committee. Terms used in this paragraph have the meanings given them in chapter
10A, except that "candidate" also includes a candidate for an elected
office of a political subdivision.
Subd. 4. [PERMITTED MATERIAL.] (a)
Material specified in this subdivision may be included on a Web site or in a
publication, but only if the material complies with subdivision 2. This
subdivision is not a comprehensive list of material that may be contained on a
Web site or in a publication, if the material complies with subdivision 2.
(b) A Web site or publication may
include biographical information about an elected or appointed official, a
single official photograph of the official, and photographs of the official
performing functions related to the office. There is no limitation on
photographs, Webcasts, archives of Webcasts, and audio or video files that
facilitate access to information or services or inform the public about the
duties and obligations of the office or that are intended to promote trade or
tourism. A state Web site or publication may include photographs or information
involving civic or charitable work done by the governor's spouse, provided that
these activities relate to the functions of the governor's office.
(c) A Web site or publication may
include press releases, proposals, policy positions, and other information
directly related to the legal functions, duties, and jurisdiction of a public
official or organization.
Subd. 5. [OTHER STANDARDS.] This
section does not prohibit a state agency or political subdivision from adopting
more restrictive standards for the content of a Web site or publication
maintained by the agency or political subdivision.
Subd. 6. [ENFORCEMENT.] Violation
of this section is not a crime and is not subject to civil penalty.
[EFFECTIVE
DATE.] This section is effective for state agencies July 1, 2005. This
section is effective for political subdivisions July 1, 2006.
Sec. 7. Minnesota Statutes 2004, section
11A.24, subdivision 6, is amended to read:
Subd. 6. [OTHER INVESTMENTS.] (a) In
addition to the investments authorized in subdivisions 1 to 5, and subject to
the provisions in paragraph (b), the state board may invest funds in:
(1) venture capital investment businesses
through participation in limited partnerships, trusts, private placements,
limited liability corporations, limited liability companies, limited liability
partnerships, and corporations;
(2) real estate ownership interests or
loans secured by mortgages or deeds of trust or shares of real estate
investment trusts through investment in limited partnerships, bank sponsored collective
funds, trusts, mortgage participation agreements, and insurance company
commingled accounts, including separate accounts;
(3) regional and mutual funds through bank
sponsored collective funds and open-end investment companies registered under the
Federal Investment Company Act of 1940, and closed-end mutual funds listed on
an exchange regulated by a governmental agency;
Journal of the House - 66th
Day - Monday, May 23, 2005 - Top of Page 4820
(4) resource investments through
limited partnerships, trusts, private placements, limited liability
corporations, limited liability companies, limited liability partnerships, and
corporations; and
(5) international securities.
(b) The investments authorized in paragraph (a) must conform to
the following provisions:
(1) the aggregate value of all investments made according to
paragraph (a), clauses (1) to (4), may not exceed 35 percent of the market
value of the fund for which the state board is investing;
(2) there must be at least four unrelated owners of the
investment other than the state board for investments made under paragraph (a),
clause (1), (2), (3), or (4);
(3) state board participation in an investment vehicle is
limited to 20 percent thereof for investments made under paragraph (a), clause
(1), (2), (3), or (4); and
(4) state board participation in a limited partnership does not
include a general partnership interest or other interest involving general liability.
The state board may not engage in any activity as a limited partner which
creates general liability.
(c) All financial, business, or proprietary data collected,
created, received, or maintained by the state board in connection with
investments authorized by paragraph (a), clause (1), (2), or (4), are nonpublic
data under section 13.02, subdivision 9. As used in this paragraph,
"financial, business, or proprietary data" means data, as determined
by the responsible authority for the state board, that is of a financial,
business, or proprietary nature, the release of which could cause competitive
harm to the state board, the legal entity in which the state board has invested
or has considered an investment, the managing entity of an investment, or a
portfolio company in which the legal entity holds an interest. As used in this
section, "business data" is data described in section 13.591,
subdivision 1. Regardless of whether they could be considered financial,
business, or proprietary data, the following data received, prepared, used, or
retained by the state board in connection with investments authorized by
paragraph (a), clause (1), (2), or (4), are public at all times:
(1) the name and industry group classification of the legal entity
in which the state board has invested or in which the state board has
considered an investment;
(2) the state board commitment amount, if any;
(3) the funded amount of the state board's commitment to
date, if any;
(4) the market value of the investment by the state board;
(5) the state board's internal rate of return for the
investment, including expenditures and receipts used in the calculation of the
investment's internal rate of return; and
(6) the age of the investment in years.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 8. Minnesota Statutes 2004, section 13.635, is amended by
adding a subdivision to read:
Subd. 1a. [STATE BOARD OF INVESTMENT.] Certain
government data of the State Board of Investment related to investments are
classified under section 11A.24, subdivision 6.
Journal of the House - 66th
Day - Monday, May 23, 2005 - Top of Page 4821
Sec. 9. [14.127] [LEGISLATIVE
APPROVAL REQUIRED.]
Subdivision 1. [COST THRESHOLDS.] An
agency must determine if the cost of complying with a proposed rule in the
first year after the rule takes effect will exceed $25,000 for: (1) any one
business that has less than 50 full-time employees; or (2) any one statutory or
home rule charter city that has less than ten full-time employees. For purposes
of this section, "business" means a business entity organized for
profit or as a nonprofit, and includes an individual, partnership, corporation,
joint venture, association, or cooperative.
Subd. 2. [AGENCY DETERMINATION.] An
agency must make the determination required by subdivision 1 before the close
of the hearing record, or before the agency submits the record to the
administrative law judge if there is no hearing. The administrative law judge
must review and approve or disapprove the agency determination under this
section.
Subd. 3. [LEGISLATIVE APPROVAL
REQUIRED.] If the agency determines that the cost exceeds the threshold in
subdivision 1, or if the administrative law judge disapproves the agency's
determination that the cost does not exceed the threshold in subdivision 1, any
business that has less than 50 full-time employees or any statutory or home
rule charter city that has less than ten full-time employees may file a written
statement with the agency claiming a temporary exemption from the rules. Upon
filing of such a statement with the agency, the rules do not apply to that
business or that city until the rules are approved by a law enacted after the
agency determination or administrative law judge disapproval.
Subd. 4. [EXCEPTIONS.] (a)
Subdivision 3 does not apply if the administrative law judge approves an
agency's determination that the legislature has appropriated money to
sufficiently fund the expected cost of the rule upon the business or city
proposed to be regulated by the rule.
(b) Subdivision 3 does not apply if the
administrative law judge approves an agency's determination that the rule has
been proposed pursuant to a specific federal statutory or regulatory mandate.
(c) This section does not apply if the
rule is adopted under section 14.388 or under another law specifying that the
rulemaking procedures of this chapter do not apply.
(d) This section does not apply to a
rule adopted by the Public Utilities Commission.
(e) Subdivision 3 does not apply if the
governor waives application of subdivision 3. The governor may issue a waiver
at any time, either before or after the rule would take effect, but for the
requirement of legislative approval. As soon as possible after issuing a waiver
under this paragraph, the governor must send notice of the waiver to the
speaker of the house of representatives and the president of the senate and
must publish notice of this determination in the State Register.
Subd. 5. [SEVERABILITY.] If an
administrative law judge determines that part of a proposed rule exceeds the
threshold specified in subdivision 1, but that a severable portion of a
proposed rule does not exceed the threshold in subdivision 1, the
administrative law judge may provide that the severable portion of the rule
that does not exceed the threshold may take effect without legislative
approval.
[EFFECTIVE
DATE.] This section is effective July 1, 2005. This section applies to
any rule for which the hearing record has not closed before July 1, 2005, or,
if there is no public hearing, for which the agency has not submitted the
record to the administrative law judge before that date.
Journal of the House - 66th
Day - Monday, May 23, 2005 - Top of Page 4822
Sec. 10. Minnesota Statutes
2004, section 14.19, is amended to read:
14.19 [DEADLINE TO COMPLETE RULEMAKING.]
Within 180 days after issuance of the administrative law
judge's report or that of the chief administrative law judge, the agency shall
submit its notice of adoption, amendment, or repeal to the State Register for
publication. If the agency has not submitted its notice to the State Register
within 180 days, the rule is automatically withdrawn. The agency may not adopt
the withdrawn rules without again following the procedures of sections 14.05 to
14.28, with the exception of section 14.101, if the noncompliance is approved
by the chief administrative law judge. The agency shall report to the
Legislative Coordinating Commission, other appropriate committees of the
legislature, and the governor its failure to adopt rules and the reasons for that
failure. The 180-day time limit of this section does not include:
(1) any days used for review by the chief administrative law
judge or the commission if the review is required by law; or
(2) days during which the rule cannot be adopted, because of
votes by legislative committees under section 14.126; or
(3) days during which the rule cannot be adopted because
approval of the legislature is required under section 14.127.
Sec. 11. Minnesota Statutes 2004, section 15.054, is amended to
read:
15.054 [PUBLIC EMPLOYEES NOT TO PURCHASE MERCHANDISE FROM
GOVERNMENTAL AGENCIES; EXCEPTIONS; PENALTY.]
No officer or employee of the state or any of its political
subdivisions shall sell or procure for sale or possess or control for sale to
any other officer or employee of the state or subdivision, as appropriate, any
property or materials owned by the state or subdivision except pursuant to
conditions provided in this section. Property or materials owned by the state
or a subdivision and not needed for public purposes, may be sold to an employee
of the state or subdivision after reasonable public notice at a public auction
or by sealed response, if the employee is not directly involved in the auction
or process pertaining to the administration and collection of sealed responses.
Requirements for reasonable public notice may be prescribed by other law or
ordinance so long as at least one week's published notice is specified. An
employee of the state or a political subdivision may purchase no more than one
motor vehicle from the state in any 12-month period at any one
auction. A person violating the provisions of this section is guilty of a
misdemeanor. This section shall not apply to the sale of property or materials
acquired or produced by the state or subdivision for sale to the general public
in the ordinary course of business. Nothing in this section shall prohibit an
employee of the state or a political subdivision from selling or possessing for
sale public property if the sale or possession for sale is in the ordinary
course of business or normal course of the employee's duties.
Sec. 12. [15.60] [PUBLIC SAFETY OFFICERS; AMERICAN FLAG.]
(a) A public employer may not forbid a peace officer or
firefighter from wearing a patch or pin depicting the flag of the United States
of America on the employee's uniform, according to customary and standard flag
etiquette. However, a public employer may limit the size of a flag patch worn
on a uniform to no more than three inches by five inches.
(b) For purposes of this section:
(1) "peace officer" has the meaning given in
section 626.84, subdivision 1, paragraph (c) or (f);
Journal of the House - 66th
Day - Monday, May 23, 2005 - Top of Page 4823
(2) "firefighter"
means a person as defined in section 299A.41, subdivision 4, clause (3) or (4);
and
(3) "public employer" has the
meaning given in section 179A.03, subdivision 15, and also includes a municipal
fire department and an independent nonprofit firefighting corporation.
(c) A peace officer or firefighter who
believes a public employer is violating this section may request the attorney
general to issue an opinion on the issue. Upon request, the attorney general
must issue a written opinion, which is binding, unless a court makes a contrary
decision. If after issuing an opinion, the attorney general determines that a
public employer continues to violate this section, the attorney general may
bring an action in district court to compel compliance.
Sec. 13. Minnesota Statutes 2004, section
16A.103, is amended by adding a subdivision to read:
Subd. 4. [REPORT ON EXPENDITURE
INCREASES.] By January 10 of an odd-numbered year, the commissioner of
finance must report on those programs or components of programs for which
expenditures for the next biennium according to the forecast issued the
previous November are projected to increase more than 15 percent over the
expenditures for that program in the current biennium. The report must include
an analysis of the factors that are causing the increases in expenditures.
Sec. 14. Minnesota Statutes 2004, section
16A.1286, subdivision 3, is amended to read:
Subd. 3. [APPROPRIATION.] Money
transferred into the account is appropriated to the commissioner to pay for
statewide systems services during the biennium in which it is appropriated.
Sec. 15. Minnesota Statutes 2004, section
16A.151, subdivision 2, is amended to read:
Subd. 2. [EXCEPTIONS.] (a) If a state
official litigates or settles a matter on behalf of specific injured persons or
entities, this section does not prohibit distribution of money to the specific
injured persons or entities on whose behalf the litigation or settlement
efforts were initiated. If money recovered on behalf of injured persons or
entities cannot reasonably be distributed to those persons or entities because
they cannot readily be located or identified or because the cost of
distributing the money would outweigh the benefit to the persons or entities,
the money must be paid into the general fund.
(b) Money recovered on behalf of a fund in
the state treasury other than the general fund may be deposited in that fund.
(c) This section does not prohibit a state
official from distributing money to a person or entity other than the state in
litigation or potential litigation in which the state is a defendant or
potential defendant.
(d) State agencies may accept funds as
directed by a federal court for any restitution or monetary penalty under
United States Code, title 18, section 3663(a)(3) or United States Code, title
18, section 3663A(a)(3). Funds received must be deposited in a special revenue
account and are appropriated to the commissioner of the agency for the purpose
as directed by the federal court.
(e) Subdivision 1 does not apply to a
recovery or settlement of less than $750,000.
Journal of the House - 66th
Day - Monday, May 23, 2005 - Top of Page 4824
Sec. 16. Minnesota Statutes
2004, section 16A.152, subdivision 2, is amended to read:
Subd. 2. [ADDITIONAL REVENUES; PRIORITY.] (a) If on the basis
of a forecast of general fund revenues and expenditures, the commissioner of
finance determines that there will be a positive unrestricted budgetary general
fund balance at the close of the biennium, the commissioner of finance must
allocate money to the following accounts and purposes in priority order:
(1) the cash flow account established in subdivision 1 until
that account reaches $350,000,000;
(2) the budget reserve account established in subdivision 1a
until that account reaches $653,000,000;
(3) the amount necessary to increase the aid payment schedule
for school district aids and credits payments in section 127A.45 to not more
than 90 percent rounded to the nearest tenth of a percent without exceeding
the amount available and with any remaining funds deposited in the budget
reserve; and
(4) the amount necessary to restore all or a portion of the net
aid reductions under section 127A.441 and to reduce the property tax revenue
recognition shift under section 123B.75, subdivision 5, paragraph (c), and Laws
2003, First Special Session chapter 9, article 5, section 34, as amended by
Laws 2003, First Special Session chapter 23, section 20, by the same amount.
(b) The amounts necessary to meet the requirements of this
section are appropriated from the general fund within two weeks after the
forecast is released or, in the case of transfers under paragraph (a), clauses
(3) and (4), as necessary to meet the appropriations schedules otherwise
established in statute.
(c) To the extent that a positive unrestricted budgetary
general fund balance is projected, appropriations under this section must be
made before any transfer is made under section 16A.1522 takes effect.
(d) The commissioner of finance shall certify the total dollar
amount of the reductions under paragraph (a), clauses (3) and (4), to the
commissioner of education. The commissioner of education shall increase the aid
payment percentage and reduce the property tax shift percentage by these
amounts and apply those reductions to the current fiscal year and thereafter.
Sec. 17. Minnesota Statutes 2004, section 16A.1522, subdivision
1, is amended to read:
Subdivision 1. [FORECAST.] If, on the basis of a forecast of
general fund revenues and expenditures in November of an even-numbered year or
February of an odd-numbered year, the commissioner projects a positive
unrestricted budgetary general fund balance at the close of the biennium that
exceeds one-half of one percent of total general fund biennial revenues, the
commissioner shall designate the entire balance as available for rebate to the
taxpayers of this state. In forecasting, projecting, or designating the
unrestricted budgetary general fund balance or general fund biennial revenue
under this section, the commissioner shall not include any balance or revenue
attributable to settlement payments received after July 1, 1998, and before
July 1, 2001, as defined in Section IIB of the settlement document, filed May
18, 1998, in State v. Philip Morris, Inc., No. C1-94-8565 (Minnesota District
Court, Second Judicial District).
Sec. 18. Minnesota Statutes 2004, section 16A.281, is amended
to read:
16A.281 [APPROPRIATIONS TO LEGISLATURE.]
Except as provided in this section,
section 16A.28 applies to appropriations made to the legislature, the senate,
the house of representatives, or its committees or commissions. An
appropriation made to the legislature, the senate, the house of
representatives, or a legislative commission or committee other than a standing
committee, if not spent
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during the first
year, may be spent during the second year of a biennium. An unexpended balance
not carried forward and remaining unexpended and unencumbered at the end of a
biennium lapses and shall be returned to the fund from which appropriated.
Balances may be carried forward into the next biennium and credited to special accounts
to be used only as follows: (1) for nonrecurring expenditures on investments
that enhance efficiency or improve effectiveness; (2) to pay expenses
associated with special sessions, interim activities, public hearings,
or other public outreach efforts and related activities; and (3) to pay
severance costs of involuntary terminations. The approval of the commissioner
of finance under section 16A.28, subdivision 2, does not apply to the
legislature. An appropriation made to the legislature, the senate, the house of
representatives, or a standing committee for all or part of a biennium may be
spent in either year of the biennium.
Sec. 19. [16B.296] [TRANSFER OF REAL
PROPERTY.]
Notwithstanding any law to the
contrary, real property purchased in whole or in part with state funds may not
be transferred for less than the appraised value, or if the property has not
been appraised, for less than the fair market value as determined by the
commissioner of administration. This section does not apply to a department
listed in section 15.01, the Minnesota State Colleges and Universities, the
University of Minnesota, or a political subdivision of the state.
Sec. 20. Minnesota Statutes 2004, section
16B.33, subdivision 4, is amended to read:
Subd. 4. [DESIGNER SELECTION PROCESS.] (a)
[PUBLICITY.] Upon receipt of a request from a user agency for a primary
designer, the board shall publicize the proposed project in order to determine
the identity of designers interested in the design work on the project. The board
shall establish criteria for the selection process and make this information
public, and shall compile data on and conduct interviews of designers. The
board's selection criteria must include consideration of each interested
designer's performance on previous projects for the state or any other person.
Upon completing the process, the board shall select the primary designer and
shall state its reasons in writing. If the board's vote for the selection of
a primary designer results in a tie vote, the nonvoting member appointed under
subdivision 2, paragraph (b), must vote for the selection of the primary
designer. Notification to the commissioner of the selection shall be made
not more than 60 days after receipt from a user agency of a request for a
primary designer. The commissioner shall promptly notify the designer and the
user agency. The commissioner shall negotiate the designer's fee and prepare
the contract to be entered into between the designer and the user agency.
(b) [CONFLICT OF INTEREST.] A board member
may not participate in the review, discussion, or selection of a designer or
firm in which the member has a financial interest.
(c) [SELECTION BY COMMISSIONER.] In the
event the board receives a request for a primary designer on a project, the
estimated cost of which is less than the limit established by subdivision 3, or
a planning project with estimated fees of less than the limit established by
subdivision 3, the board may submit the request to the commissioner of
administration, with or without recommendations, and the commissioner shall
thereupon select the primary designer for the project.
(d) [SECOND SELECTION.] If the designer
selected for a project declines the appointment or is unable to reach agreement
with the commissioner on the fee or the terms of the contract, the commissioner
shall, within 60 days after the first appointment, request the board to make
another selection.
(e) [SIXTY DAYS TO SELECT.] If the board
fails to make a selection and forward its recommendation to the commissioner
within 60 days of the user agency's request for a designer, the commissioner
may appoint a designer to the project without the recommendation of the board.
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(f) [LESS THAN SATISFACTORY
PERFORMANCE.] The commissioner, or the University of Minnesota and the
Minnesota State Colleges and Universities for projects under their supervision,
shall forward to the board a written report describing each instance in which
the performance of a designer selected by the board or the commissioner has
been less than satisfactory. Criteria for determining satisfaction include the
ability of the designer to complete design work on time, to provide a design
responsive to program needs within the constraints of the budget, to solve
design problems and achieve a design consistent with the proposed function of
the building, to avoid costly design errors or omissions, and to observe the
construction work. These reports are public data and are available for
inspection under section 13.03.
Sec. 21. [16C.064] [COST-BENEFIT
ANALYSIS.]
(a) The commissioner or an agency
official to whom the commissioner has delegated duties under section 16C.03,
subdivision 16, may not approve a contract or purchase of goods or services in
an amount greater than $50,000,000 unless a cost-benefit analysis has been
completed and shows a positive benefit to the public. The Management Analysis Division
must perform or direct the performance of the analysis. Money appropriated for
the contract or purchase must be used to pay for the analysis. A cost-benefit
analysis must be performed for a project if an aggregation of contracts or
purchases for a project exceeds $50,000,000.
(b) All cost-benefit analysis documents
under this section, including preliminary drafts and notes, are public data.
(c) If a cost-benefit analysis does not
show a positive benefit to the public, the governor may approve a contract or
purchase of goods or services if a cost-effectiveness study had been done that
shows the proposed project is the most effective way to provide a necessary
public good.
(d) This section applies to contracts
for goods or services that are expected to have a useful life of more than
three years. This section does not apply for purchase of goods or services for
response to a natural disaster if an emergency has been declared by the
governor. This section does not apply to contracts involving the Minnesota
state colleges and universities, state buildings, or state highways.
(e) This section is repealed effective
July 1, 2008.
Sec. 22. Minnesota Statutes 2004, section
16C.10, subdivision 7, is amended to read:
Subd. 7. [REVERSE AUCTION.] (a) For the
purpose of this subdivision, "reverse auction" means a purchasing
process in which vendors compete to provide goods or engineering design
or computer services at the lowest selling price in an open and interactive
environment.
(b) The provisions of sections 13.591,
subdivision 3, and 16C.06, subdivision 2, do not apply when the commissioner
determines that a reverse auction is the appropriate purchasing process.
Sec. 23. [16C.143] [ENERGY FORWARD PRICING
MECHANISMS.]
Subdivision 1. [DEFINITIONS.] The
following definitions apply in this section:
(1) "energy" means natural
gas, heating oil, propane, and any other energy source except electricity used
in state facilities; and
(2) "forward pricing
mechanism" means a contract or financial instrument that obligates a state
agency to buy or sell a specified quantity of energy at a future date at a set
price.
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Subd. 2. [AUTHORITY.] Notwithstanding
any other law to the contrary, the commissioner may use forward pricing
mechanisms for budget risk reduction.
Subd. 3. [CONDITIONS.] Forward pricing mechanism
transactions must be made only under the following conditions:
(1) the quantity of energy affected by the forward pricing
mechanism must not exceed 90 percent of the estimated energy use for the state
agency for the same period, which shall not exceed 24 months; and
(2) a separate account must be established for each state
agency using a forward pricing mechanism.
Subd. 4. [WRITTEN POLICIES AND PROCEDURES.] Before
exercising the authority under this section, the commissioner must develop
written policies and procedures governing the use of forward pricing
mechanisms.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 24. Minnesota Statutes 2004, section 16C.144, is amended
to read:
16C.144 [GUARANTEED ENERGY SAVINGS CONTRACTS PROGRAM.]
Subdivision 1. [DEFINITIONS.] The following definitions apply
to this section.
(a) "Utility" means electricity, natural gas, or
other energy resource, water, and wastewater.
(b) "Utility cost savings" means the difference
between the utility costs under the precontract conditions and the
utility costs after the changes have been made under the contract. Such
savings shall be calculated in comparison to an established baseline of utility
costs installation of the utility cost-savings measures pursuant to the
guaranteed energy savings agreement and the baseline utility costs after
baseline adjustments have been made.
(c) "Established baseline" means the precontract
utilities, operations, and maintenance costs.
(d) "Baseline" means the preagreement
utilities, operations, and maintenance costs.
(d) "Utility cost-savings measure" means a
measure that produces utility cost savings and/or or operation
and maintenance cost savings.
(e) "Operation and maintenance cost savings" means a
measurable decrease in difference between operation and maintenance
costs after the installation of the utility cost-savings measures pursuant to
the guaranteed energy savings agreement and the baseline operation and
maintenance costs that is a direct result of the implementation of one or
more utility cost-savings measures but does after inflation adjustments
have been made. Operation and maintenance costs savings shall not include
savings from in-house staff labor. Such savings shall be calculated in
comparison to an established baseline of operation and maintenance costs.
(f) "Guaranteed energy savings contract agreement"
means a contract an agreement for the evaluation,
recommendation, and installation of one or more utility cost-savings
measures that includes the qualified provider's guarantee as required under
subdivision 2. The contract must provide that all payments are to be
made over time but not to exceed ten years from the date of final installation,
and the savings are guaranteed to the extent necessary to make payments for the
utility cost-savings measures.
(g) "Baseline adjustments" means adjusting the established
utility cost savings baselines in paragraphs (b) and (d) annually
for changes in the following variables:
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(1) utility rates;
(2) number of days in the utility billing
cycle;
(3) square footage of the facility;
(4) operational schedule of the facility;
(5) facility temperature set points;
(6) weather; and
(7) amount of equipment or lighting
utilized in the facility.
(h) "Inflation adjustment"
means adjusting the operation and maintenance cost-savings baseline annually
for inflation.
(i) "Lease purchase contract
agreement" means a contract an agreement obligating
the state to make regular lease payments to satisfy the lease costs of the
utility cost-savings measures until the final payment, after which time the
utility cost-savings measures become the sole property of the state of
Minnesota.
(i) (j) "Qualified
provider" means a person or business experienced in the design,
implementation, and installation of utility cost-savings measures.
(j) (k) "Engineering
report" means a report prepared by a professional engineer licensed by the
state of Minnesota summarizing estimates of all costs of installations,
modifications, or remodeling, including costs of design, engineering,
installation, maintenance, repairs, and estimates of the amounts by which
utility and operation and maintenance costs will be reduced.
(k) (l) "Capital cost
avoidance" means money expended by a state agency to pay for utility
cost-savings measures with a guaranteed savings contract agreement
so long as the measures that are being implemented to achieve the utility,
operation, and maintenance cost savings are a significant portion of an
overall project as determined by the commissioner.
(l) (m) "Guaranteed energy
savings contracting program guidelines" means policies,
procedures, and requirements of guaranteed savings contracts agreements
established by the Department of Administration upon enacting this
legislation.
Subd. 2. [GUARANTEED ENERGY SAVINGS
CONTRACT AGREEMENT.] The commissioner may enter into a guaranteed
energy savings contract agreement with a qualified
provider if:
(1) the qualified provider is selected
through a competitive process in accordance with the guaranteed energy
savings contracting program guidelines within the Department of
Administration;
(2) the qualified provider agrees to
submit an engineering report prior to the execution of the guaranteed energy
savings contract agreement. The cost of the engineering report may be
considered as part of the implementation costs if the commissioner enters into
a guaranteed energy savings agreement with the provider;
(3) the term of the guaranteed energy
savings agreement shall not exceed 15 years from the date of final
installation;
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(4) the commissioner
finds that the amount it would spend on the utility cost-savings measures
recommended in the engineering report will not exceed the amount to be saved in
utility operation and maintenance costs over ten 15 years from
the date of implementation of utility cost-savings measures;
(4) (5) the qualified
provider provides a written guarantee that the annual utility,
operation, and maintenance cost savings during the term of the guaranteed
energy savings agreement will meet or exceed the costs of the guaranteed
savings contract annual payments due under a lease purchase agreement.
The qualified provider shall reimburse the state for any shortfall of
guaranteed utility, operation, and maintenance cost savings; and
(5) (6) the qualified
provider gives a sufficient bond in accordance with section 574.26 to the
commissioner for the faithful implementation and installation of the utility
cost-savings measures.
Subd. 3. [LEASE PURCHASE CONTRACT AGREEMENT.]
The commissioner may enter into a lease purchase agreement with any party for
the implementation of utility cost-savings measures in accordance with an
engineering report the guaranteed energy savings agreement. The
implementation costs of the utility cost-savings measures recommended in the
engineering report shall not exceed the amount to be saved in utility and
operation and maintenance costs over the term of the lease purchase agreement.
The term of the lease purchase agreement shall not exceed ten 15
years from the date of final installation. The lease is assignable in
accordance with terms approved by the commissioner of finance.
Subd. 4. [USE OF CAPITAL COST AVOIDANCE.]
The affected state agency may contribute funds for capital cost avoidance for
guaranteed energy savings contracts agreements. Use of
capital cost avoidance is subject to the guaranteed energy savings contracting
program guidelines within the Department of Administration.
Subd. 5. [REPORT.] By January 15 of
2005 and, 2007, the commissioner of administration shall submit to
the commissioner of finance and the chairs of the senate and house of
representatives capital investment committees a list of projects in the agency
that have been funded using guaranteed energy savings, as outlined in this section,
during the preceding biennium. For each guaranteed energy savings contract
agreement entered into, the commissioner of administration shall
contract with an independent third party to evaluate the cost-effectiveness of
each utility cost-savings measure implemented to ensure that such measures were
the least-cost measures available. For the purposes of this section,
"independent third party" means an entity not affiliated with the
qualified provider, that is not involved in creating or providing conservation
project services to that provider, and that has expertise (or access to
expertise) in energy savings practices.
Subd. 6. [CONTRACT LIMITS.] Contracts
may not be entered into after June 30, 2007.
[EFFECTIVE
DATE.] This section is effective the day following final enactment.
Sec. 25. Minnesota Statutes 2004, section
16C.16, subdivision 1, is amended to read:
Subdivision 1. [SMALL BUSINESS
PROCUREMENTS.] (a) The commissioner shall for each fiscal year ensure
that small businesses receive at least 25 percent of the value of anticipated
total state procurement of goods and services, including printing and
construction. The commissioner shall divide the procurements so designated into
contract award units of economically feasible production runs in order to
facilitate offers or bids from small businesses.
(b) The commissioner must solicit and
encourage Minnesota small businesses to submit responses or bids when the
commissioner is entering into master contracts. If cost-effective, when
entering into a master contract, the commissioner must attempt to negotiate
contract terms that allow agencies the option of purchasing from small
businesses, particularly small businesses that are geographically proximate to
the entity making the purchase.
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(c) In making the annual
designation of such procurements the commissioner shall attempt (1) to vary the
included procurements so that a variety of goods and services produced by
different small businesses are obtained each year, and (2) to designate small
business procurements in a manner that will encourage proportional distribution
of such awards among the geographical regions of the state. To promote the
geographical distribution of awards, the commissioner may designate a portion
of the small business procurement for award to bidders from a specified
congressional district or other geographical region specified by the
commissioner. The failure of the commissioner to designate particular
procurements shall not be deemed to prohibit or discourage small businesses
from seeking the procurement award through the normal process.
Sec. 26. [16C.231] [SURPLUS PROPERTY.]
Notwithstanding section 15.054 or 16C.23, the commissioner
may sell a surplus gun used by a state trooper to the trooper who used the gun
in the course of employment. The sale price must be the fair market value of
the gun, as determined by the commissioner.
Sec. 27. Minnesota Statutes 2004, section 16C.26, subdivision
3, is amended to read:
Subd. 3. [PUBLICATION OF NOTICE; EXPENDITURES OVER $15,000
$25,000.] If the amount of an expenditure is estimated to exceed $15,000
$25,000, sealed bids must be solicited by public notice inserted
at least once in a newspaper or trade journal not less than seven days before
the final date of submitting bids in a manner designated by the
commissioner. The commissioner shall designate the newspaper or trade
journal for that publication and may designate different newspapers or journals
according to the nature of the purchase or contract. To the extent
practical, this must include posting on a state Web site. For expenditures over
$50,000, the commissioner shall also solicit sealed bids by sending
providing notices by mail to all prospective bidders known to the
commissioner and by posting notice on a public bulletin board in the
commissioner's office a state Web site at least five seven
days before the final date of submitting bids. All bids over $50,000
must be sealed when they are received and must be opened in public at the hour
stated in the notice. All original bids and all documents pertaining to the
award of a contract must be retained and made a part of a permanent file or
record and remain open to public inspection.
Sec. 28. Minnesota Statutes 2004, section 16C.26, subdivision
4, is amended to read:
Subd. 4. [BUILDING AND CONSTRUCTION CONTRACTS; $15,000 $50,000
OR LESS.] All contracts, the amount of which is estimated to be $15,000 or
less, may be made either upon competitive bids or in the open market, in the
discretion of the commissioner. So far as practicable, however, they must be
based on at least three competitive bids which must be permanently recorded.
An informal bid may be used for building, construction, and repair contracts
that are estimated at less than $50,000. Informal bids must be authenticated by
the bidder in a manner specified by the commissioner.
Sec. 29. Minnesota Statutes 2004, section 16C.28, subdivision
2, is amended to read:
Subd. 2. [ALTERATIONS AND ERASURES.] A bid containing an
alteration or erasure of any price contained in the bid which is used in
determining the lowest responsible bid must be rejected unless the alteration
or erasure is corrected under this subdivision in a manner that is
clear and authenticated by an authorized representative of the responder.
An alteration or erasure may be crossed out and the correction printed in ink
or typewritten adjacent to it and initialed in ink by the person signing the
bid by an authorized representative of the responder.
Sec. 30. [168.1298] [SPECIAL "SUPPORT OUR TROOPS"
LICENSE PLATES.]
Subdivision 1. [GENERAL REQUIREMENTS AND PROCEDURES.] (a)
The commissioner shall issue special "Support Our Troops" license
plates to an applicant who:
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(1) is an owner of a
passenger automobile, one-ton pickup truck, recreational vehicle, or
motorcycle;
(2) pays a fee of $10 to cover the
costs of handling and manufacturing the plates;
(3) pays the registration tax required
under section 168.013;
(4) pays the fees required under this
chapter;
(5) contributes a minimum of $30
annually to the Minnesota "Support Our Troops" account established in
section 190.19; and
(6) complies with laws and rules
governing registration and licensing of vehicles and drivers.
(b) The license application under this
section must indicate that the annual contribution specified under paragraph
(a), clause (5), is a minimum contribution to receive the plates and that the
applicant may make an additional contribution to the account.
Subd. 2. [DESIGN.] After
consultation with interested groups, the adjutant general and the commissioner
of veterans affairs shall design the special plate, subject to the approval of
the commissioner.
Subd. 3. [NO REFUND.] Contributions
under this section must not be refunded.
Subd. 4. [PLATE TRANSFERS.] Notwithstanding
section 168.12, subdivision 1, on payment of a transfer fee of $5, plates
issued under this section may be transferred to another passenger automobile,
one-ton pickup truck, recreational vehicle, or motorcycle owned by the
individual to whom the special plates were issued.
Subd. 5. [CONTRIBUTION AND FEES
CREDITED.] Contributions under subdivision 1, paragraph (a), clause (5),
must be paid to the commissioner and credited to the Minnesota "Support
Our Troops" account established in section 190.19. The fees collected
under this section must be deposited in the vehicle services operating account
in the special revenue fund.
Subd. 6. [RECORD.] The commissioner
shall maintain a record of the number of plates issued under this section.
Sec. 31. [190.19] [MINNESOTA "SUPPORT
OUR TROOPS" ACCOUNT.]
Subdivision 1. [ESTABLISHMENT.] The
Minnesota "Support Our Troops" account is established in the special
revenue fund. The account shall consist of contributions from private sources
and appropriations.
Subd. 2. [USES.] (a) Money
appropriated from the Minnesota "Support Our Troops" account may be
used for:
(1) grants directly to eligible
individuals;
(2) grants to one or more eligible
foundations for the purpose of making grants to eligible individuals, as
provided in this section; or
(3) veterans' services.
(b) The term, "eligible
individual" includes any person who is:
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(1) a member of the Minnesota
National Guard or a reserve unit based in Minnesota who has been called to
active service as defined in section 190.05, subdivision 5;
(2) a Minnesota resident who is a
member of a military reserve unit not based in Minnesota, if the member is
called to active service as defined in section 190.05, subdivision 5;
(3) any other Minnesota resident
performing active service for any branch of the military of the United States;
and
(4) members of the immediate family of
an individual identified in clause (1), (2), or (3). For purposes of this
clause, "immediate family" means the individual's spouse and minor
children and, if they are dependents of the member of the military, the
member's parents, grandparents, siblings, stepchildren, and adult children.
(c) The term "eligible
foundation" includes any organization that:
(1) is a tax-exempt organization under
section 501(c)(3) of the Internal Revenue Code;
(2) has articles of incorporation under
chapter 317A specifying the purpose of the organization as including the
provision of financial assistance to members of the Minnesota National Guard
and other United States armed forces reserves and their families and survivors;
and
(3) agrees in writing to distribute any
grant money received from the adjutant general under this section to eligible
individuals as defined in this section and in accordance with any written
policies and rules the adjutant general may impose as conditions of the grant
to the foundation.
(d) The maximum grant awarded to an
eligible individual in a calendar year with funds from the Minnesota
"Support Our Troops" account, either through an eligible institution
or directly from the adjutant general, may not exceed $2,000.
Subd. 3. [ANNUAL REPORT.] The
adjutant general must report by February 1, 2007, and each year thereafter, to
the chairs and ranking minority members of the legislative committees and
divisions with jurisdiction over military and veterans' affairs on the number,
amounts, and use of grants made by the adjutant general from the Minnesota
"Support Our Troops" account in the previous year.
Sec. 32. Minnesota Statutes 2004, section
240A.03, subdivision 5, is amended to read:
Subd. 5. [EXEMPTION OF PROPERTY.] Real or
personal property acquired, owned, leased, controlled, used, or occupied by the
commission for the purposes of amateur sports facilities is declared to be
acquired, owned, leased, controlled, used, and occupied for public,
governmental, and municipal purposes, and is exempt from ad valorem taxation by
the state or any political subdivision of the state, provided that the
properties are subject to special assessments levied by a political subdivision
for a local improvement in amounts proportionate to and not exceeding the
special benefit received by the properties from the improvement. The
exemption from ad valorem taxation under this subdivision does not apply to
land that is leased by the commission to any entity, public or private. No
possible use of any of the properties in any manner different from their use
under sections 240A.01 to 240A.07 at the time may be considered in determining
the special benefit received by the properties. Assessments are subject to
confirmation by the commission, whose determination of the benefits is subject
to court review. Notwithstanding the provisions of section 272.01, subdivision
2, or 273.19, real or personal property leased by the commission to another
person for uses related to the purposes of sections 240A.01 to 240A.07 is
exempt from taxation regardless of the length of the lease.
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Sec. 33. Minnesota Statutes
2004, section 240A.03, is amended by adding a subdivision to read:
Subd. 16. [FINANCIAL REPORTS.] By
January 15 of each year, the commission must report to the chairs of the
legislative committees with jurisdiction over the commission and its finances
regarding the revenue received by the commission from leases in the previous
fiscal year. The report must detail revenue received from individual lessees
and costs incurred by the commission for maintenance and operation of the
leased property. The report must also estimate the revenue from leases for the
current and following fiscal years.
Sec. 34. [298.215] [IRON RANGE RESOURCES
AND REHABILITATION; EARLY SEPARATION INCENTIVE PROGRAM AUTHORIZATION.]
(a) Notwithstanding any law to the
contrary, the commissioner of iron range resources and rehabilitation, in
consultation with the commissioner of employee relations, may offer a targeted
early separation incentive program for employees of the commissioner who have
attained the age of 60 years and have at least five years of allowable service
credit under chapter 352, or who have received credit for at least 30 years of
allowable service under the provisions of chapter 352.
(b) The early separation incentive
program may include one or more of the following:
(1) employer-paid postseparation
health, medical, and dental insurance until age 65; and
(2) cash incentives that may, but are
not required to be, used to purchase additional years of service credit through
the Minnesota State Retirement System, to the extent that the purchases are
otherwise authorized by law.
(c) The commissioner of iron range
resources and rehabilitation shall establish eligibility requirements for
employees to receive an incentive.
(d) The commissioner of iron range
resources and rehabilitation, consistent with the established program
provisions under paragraph (b), and with the eligibility requirements under
paragraph (c), may designate specific programs or employees as eligible to be
offered the incentive program.
(e) Acceptance of the offered incentive
must be voluntary on the part of the employee and must be in writing. The
incentive may only be offered at the sole discretion of the commissioner of
iron range resources and rehabilitation.
(f) The cost of the incentive is
payable solely by funds made available to the commissioner of iron range
resources and rehabilitation by law, but only on prior approval of the
expenditures by a majority of the Iron Range Resources and Rehabilitation
Board.
(g) This section and section 298.216
are repealed June 30, 2006.
[EFFECTIVE
DATE.] This section is effective the day following final enactment.
Sec. 35. [298.216] [APPLICATION OF OTHER
LAWS.]
Unilateral implementation of section
298.215 by the commissioner of iron range resources and rehabilitation is not
an unfair labor practice under chapter 179A.
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Sec. 36. Minnesota Statutes
2004, section 349A.10, subdivision 3, is amended to read:
Subd. 3. [LOTTERY OPERATIONS.] (a) The
director shall establish a lottery operations account in the lottery fund. The
director shall pay all costs of operating the lottery, including payroll costs
or amounts transferred to the state treasury for payroll costs, but not
including lottery prizes, from the lottery operating account. The director
shall credit to the lottery operations account amounts sufficient to pay the
operating costs of the lottery.
(b) Except as provided in paragraph (e),
the director may not credit in any fiscal year thereafter amounts to the
lottery operations account which when totaled exceed 15 nine
percent of gross revenue to the lottery fund in that fiscal year. In computing
total amounts credited to the lottery operations account under this paragraph
the director shall disregard amounts transferred to or retained by lottery
retailers as sales commissions or other compensation.
(c) The director of the lottery may not
expend after July 1, 1991, more than 2-3/4 percent of gross revenues in a
fiscal year for contracts for the preparation, publication, and placement of
advertising.
(d) Except as the director determines, the
lottery is not subject to chapter 16A relating to budgeting, payroll, and the
purchase of goods and services.
(e) In addition to the amounts credited to
the lottery operations account under paragraph (b), the director is authorized,
if necessary, to meet the current obligations of the lottery and to credit up
to 25 percent of an amount equal to the average annual amount which was
authorized to be credited to the lottery operations account for the previous
three fiscal years but was not needed to meet the obligations of the lottery.
Sec. 37. Minnesota Statutes 2004, section
359.01, is amended by adding a subdivision to read:
Subd. 4. [APPLICATION.] The
secretary of state shall prepare the application form for a commission. The
form may request personal information about the applicant, including, but not
limited to, relevant civil litigation, occupational license history, and
criminal background, if any. For the purposes of this section, "criminal
background" includes, but is not limited to, criminal charges, arrests,
indictments, pleas, and convictions.
Sec. 38. [471.661] [OUT-OF-STATE TRAVEL.]
By January 1, 2006, the governing body
of each statutory or home rule charter city, county, school district, regional
agency, or other political subdivision, except a town, must develop a policy
that controls travel outside the state of Minnesota for the applicable elected
officials of the relevant unit of government. The policy must be approved by a
recorded vote and specify:
(1) when travel outside the state is
appropriate;
(2) applicable expense limits; and
(3) procedures for approval of the
travel.
The policy must be made available for
public inspection upon request and reviewed annually. Subsequent changes to the
policy must be approved by a recorded vote.
Sec. 39. [471.701] [SALARY DATA.]
A city or county with a population of
more than 15,000 must annually notify its residents of the positions and base
salaries of its three highest-paid employees. This notice may be provided on
the homepage of the primary Web site maintained by the political subdivision
for a period of not less than 90 consecutive days, in a publication of the
political subdivision that is distributed to all residents in the political
subdivision, or as part of the annual notice of proposed property taxes
prepared under section 275.065.
Journal of the House - 66th
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Sec. 40. Minnesota Statutes
2004, section 507.093, is amended to read:
507.093 [STANDARDS FOR DOCUMENTS TO BE
RECORDED OR FILED.]
(a) The following standards are imposed on
documents to be recorded with the county recorder or filed with the registrar
of titles:
(1) The document shall consist of one or
more individual sheets measuring no larger than 8.5 inches by 14 inches.
(2) The form of the document shall be
printed, typewritten, or computer generated in black ink and the form of the
document shall not be smaller than 8-point type.
(3) The document shall be on white paper
of not less than 20-pound weight with no background color, images, or writing
and shall have a clear border of approximately one-half inch on the top, bottom,
and each side.
(4) The first page of the document shall
contain a blank space at the top measuring three inches, as measured from the
top of the page. The right half to be used by the county recorder for recording
information or registrar of titles for filing information and the left half to
be used by the county auditor or treasurer for certification.
(5) The title of the document shall be
prominently displayed at the top of the first page below the blank space
referred to in clause (4).
(6) No additional sheet shall be attached
or affixed to a page that covers up any information or printed part of the
form.
(7) A document presented for recording or
filing must be sufficiently legible to reproduce a readable copy using the
county recorder's or registrar of title's current method of reproduction.
(b) The standards in this
paragraph (a) do not apply to a document that is recorded or filed as
part of a pilot project for the electronic filing of real estate documents
implemented by the task force created in Laws 2000, chapter 391, and
continued by standards established by the Electronic Real Estate Recording Task
Force created under section 507.094. A county that participated in the pilot
project for the electronic filing of real estate documents under the task force
created in Laws 2000, chapter 391, may continue to record or file documents
electronically, if:
(1) the county complies with standards
adopted by that task force; and
(2) the county uses software that was
validated by that task force.
(c) A county that did not participate
in the pilot project may record or file a real estate document electronically,
if:
(i) the document to be recorded or
filed is of a type included in the pilot project for the electronic filing of
real estate documents under the task force created in Laws 2000, chapter 391;
(ii) the county complies with the
standards adopted by the task force;
(iii) the county uses software that was
validated by the task force; and
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(iv) the task force created
under section 507.094 votes to accept a written certification of compliance
with paragraph (b), clause (2), of this section by the county board and county
recorder of the county to implement electronic filing under this section.
(b) The recording or filing fee for a document that does not
conform to the standards in paragraph (a) shall be increased as provided in
sections 357.18, subdivision 5; 508.82; and 508A.82.
(c) The recorder or registrar shall refund the recording or
filing fee to the applicant if the real estate documents are not filed or
registered within 30 days after receipt, or as otherwise provided by section
386.30.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 41. [507.094] [ELECTRONIC REAL ESTATE RECORDING TASK
FORCE.]
Subdivision 1. [CREATION; MEMBERSHIP.] (a) The
Electronic Real Estate Recording Task Force established under this section
shall continue the work of the task force established under Laws 2000, chapter
391, to implement and make recommendations for implementation of electronic
filing and recording of real estate documents.
(b) The task force consists of 17 members. The secretary of
state is a member and the chair of the task force and shall convene the first
meeting of the task force. Members who are appointed under this section shall
serve for a term of three years beginning July 1, 2005. The task force must
include:
(1) four county government officials appointed by the
Association of County Officers, including two county recorders, one county
auditor, and one county treasurer;
(2) two county board members appointed by the Association of
Minnesota Counties, including one board member from within the seven-county
metropolitan area and one board member from outside the seven-county
metropolitan area;
(3) seven members from the private sector recommended by
their industries and appointed by the governor, including representatives of:
(i) real estate attorneys, real estate agents;
(ii) mortgage companies, and other real estate lenders; and
(iii) technical and industry experts in electronic commerce
and electronic records management and preservation who are not vendors of real
estate related services to counties;
(4) a nonvoting representative selected by the Minnesota
Historical Society; and
(5) two representatives of title companies.
(c) The task force may refer items to subcommittees. The
chair shall recommend and the task force shall appoint the membership of a
subcommittee. An individual may be appointed to serve on a subcommittee without
serving on the task force.
Subd. 2. [STUDY AND RECOMMENDATIONS.] (a) The task
force shall continue the work of the task force created by Laws 2000, chapter
391, and make recommendations regarding implementation of a system for
electronic filing and recording of real estate documents and shall consider:
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(1) technology and computer
needs;
(2) legal issues such as authenticity, security, timing and
priority of recordings, and the relationship between electronic and paper
recorder systems;
(3) a timetable and plan for implementing electronic
recording, considering types of documents and entities using electronic
recording;
(4) permissive versus mandatory systems; and
(5) other relevant issues identified by the task force.
The task force shall review the Uniform Electronic Recording
Act as drafted by the National Conference of Commissioners on Uniform State
Laws and the Property Records Industry Association position statement on the
Uniform Real Property Electronic Recording Act and recommend alternative structures
for the permanent Commission on Electronic Real Estate Recording Standards.
(b) The task force may commence establishing standards for
the electronic recording of the remaining residential real estate deed and
mortgage documents and establish pilot projects to complete the testing and
functions of the task force established in Laws 2000, chapter 391, after
considering national standards from the Mortgage Industry Standards Maintenance
Organization, the Property Records Industry Association, or other recognized
national groups.
(c) The task force shall submit a report to the legislature
by January 15 of each year during its existence reporting on the progress
toward the goals provided in this subdivision.
Subd. 3. [DONATIONS; REIMBURSEMENT.] The task force
may accept donations of money or resources, including loaned employees or other
services. The donations are appropriated to the task force and must be under
the sole control of the task force.
Subd. 4. [EXPIRATION.] This section expires June 30,
2008.
[EFFECTIVE DATE.] This
section is effective July 1, 2005.
Sec. 42. Minnesota Statutes 2004, section 507.24, subdivision
2, is amended to read:
Subd. 2. [ORIGINAL SIGNATURES REQUIRED.] (a) Unless
otherwise provided by law, an instrument affecting real estate that is to be
recorded as provided in this section or other applicable law must contain the
original signatures of the parties who execute it and of the notary public or
other officer taking an acknowledgment. However, a financing statement that is
recorded as a filing pursuant to section 336.9-502(b) need not contain: (1) the
signatures of the debtor or the secured party; or (2) an acknowledgment.
(b) Any electronic instruments, including signatures and
seals, affecting real estate may only be recorded as part of a pilot project
for the electronic filing of real estate documents implemented by the task
force created in Laws 2000, chapter 391., or by the Electronic Real
Estate Recording Task Force created under section 507.094. A county that
participated in the pilot project for the electronic filing of real estate
documents under the task force created in Laws 2000, chapter 391, may continue
to record or file documents electronically, if:
(1) the county complies with standards adopted by the task
force; and
(2) the county uses software that was validated by the task
force.
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A county that
did not participate in the pilot project may record or file a real estate
document electronically, if:
(i) the document to be recorded or
filed is of a type included in the pilot project for the electronic filing of
real estate documents under the task force created in Laws 2000, chapter 391;
(ii) the county complies with the
standards adopted by the task force;
(iii) the county uses software that was
validated by the task force; and
(iv) the task force created under
section 507.094, votes to accept a written certification of compliance with
paragraph (b), clause (2), of this section by the county board and county
recorder of the county to implement electronic filing under this section.
(c) Notices filed pursuant to
section 168A.141, subdivisions 1 and 3, need not contain an acknowledgment.
[EFFECTIVE
DATE.] This section is effective the day following final enactment.
Sec. 43. Laws 1998, chapter 404, section
15, subdivision 2, as amended by Laws 2005, chapter 20, article 1, section 40,
is amended to read:
Subd. 2. National Sports Center
4,800,000
$1,700,000 is to purchase and develop land adjacent to the
National Sports Center in Blaine for use as athletic fields.
$3,100,000 is to develop the National Children's Golf Course.
The primary purpose of the National Children's Golf Course is to serve youth of
18 years and younger. Market rates must be charged for adult golf.
The Minnesota Amateur Sports Commission may lease up to 20
percent of the area of the land purchased with money from the general fund
appropriations in this subdivision for a term of up to 30 years to one or more
governmental or private entities for any use by the lessee, whether public or
private, so long as the use provides some benefit to amateur sports. The
commission must submit proposed leases for the land described in this
subdivision to the chairs of the legislative committees with jurisdiction over
state government policy and finance for review at least 30 days before the
leases may be entered into by the commission. Up to $300,000 of lease
payments received by the commission are each fiscal year is
appropriated to the commission for the purposes specified in Minnesota
Statutes, chapter 240A. The land purchased from the general fund appropriations
may be used for any amateur sport.
[EFFECTIVE
DATE.] This section is effective retroactively on the effective date of
Laws 2005, chapter 20, article 1, section 40.
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Day - Monday, May 23, 2005 - Top of Page 4839
Sec. 44. [BUILDING LEASE.]
Notwithstanding any provision of
Minnesota Statutes, section 16B.24, or other law or rule to the contrary, the
commissioner of administration may, without approval of the State Executive
Council, enter into a lease of up to ten years with a private tenant for use of
the state-owned building at 168 Aurora Avenue in the city of St. Paul as a
child care and after-school activity facility. If leased to a faith-based
organization, the program may not promote any particular faith and must operate
in a nondiscriminatory manner.
[EFFECTIVE
DATE.] This section is effective the day following final enactment.
Sec. 45. [SALE OF STATE LAND.]
Subdivision 1. [STATE LAND SALES.] The
commissioner of administration shall coordinate with the head of each
department or agency having control of state-owned land to identify and sell at
least $6,440,000 of state-owned land. Sales should be completed according to
law and as provided in this section as soon as practicable but no later than
June 30, 2007. Notwithstanding Minnesota Statutes, sections 16B.281 and
16B.282, 94.09 and 94.10, or any other law to the contrary, the commissioner
may offer land for public sale by only providing notice of lands or an offer of
sale of lands to state departments or agencies, the University of Minnesota,
cities, counties, towns, school districts, or other public entities.
Subd. 2. [ANTICIPATED SAVINGS.] Notwithstanding
Minnesota Statutes, section 94.16, subdivision 3, or other law to the contrary,
the amount of the proceeds from the sale of land under this section that
exceeds the actual expenses of selling the land must be deposited in the
general fund, except as otherwise provided by the commissioner of finance.
Notwithstanding Minnesota Statutes, section 94.11 or 16B.283, the commissioner
of finance may establish the timing of payments for land purchased under this
section. If the total of all money deposited into the general fund from the
proceeds of the sale of land under this section is anticipated to be less than
$6,440,000, the governor must allocate the amount of the difference as
reductions to general fund operating expenditures for other executive agencies
for the biennium ending June 30, 2007.
Subd. 3. [SALE OF STATE LANDS
REVOLVING LOAN FUND.] $290,000 is appropriated from the general fund in
fiscal year 2006 to the commissioner of administration for purposes of paying
the actual expenses of selling state-owned lands to achieve the anticipated
savings required in this section. From the gross proceeds of land sales under
this section, the commissioner of administration must cancel the amount of the
appropriation in this subdivision to the general fund by June 30, 2007.
Sec. 46. [FORD BUILDING.]
The Ford Building at 117 University
Avenue in St. Paul may not be demolished during the biennium ending June 30,
2007. By January 15, 2006, the commissioner of administration, in consultation
with interested legislators, private sector real estate professionals, historic
preservation specialists, and representatives of the city of St. Paul,
neighboring property, and St. Paul neighborhood associations, must report to
the legislature with recommendations regarding potential means of preserving
and using the Ford Building. The report must include:
(1) availability of potential lessees for
the building;
(2) constraints on leasing the
building, including the requirement to pay off any state general obligation
bonds previously used in maintaining or rehabilitating the building; and
(3) the cost of restoring and
rehabilitating the building, and the feasibility of various means of paying
these costs, including potential use of revenue bonds.
[EFFECTIVE
DATE.] This section is effective the day following final enactment.
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Sec. 47. [STATE HEALTH CARE
PURCHASING AUTHORITY.]
Subdivision 1. [PURCHASING
AUTHORITY CREATED.] By December 15, 2005, the commissioner of employee
relations, in consultation with the commissioners of health, human services,
labor and industry, corrections, commerce, and administration and the Minnesota
Comprehensive Health Association board of directors, may enter into interagency
agreements regarding the formation of the Minnesota Health Care Purchasing
Authority for the purpose of implementing a unified strategy and joint
purchasing of health care services for the state of Minnesota. The strategy
shall include implementing a process that examines the health care purchasing
decisions and coverage in terms of cost and medical efficacy based on reliable
research evidence to ensure access to appropriate and necessary health care. By
December 15, 2005, the commissioners shall submit to the legislature a report
and draft legislation for the creation of the purchasing authority responsible
for all state purchasing of health care.
Subd. 2. [PRINCIPLES OF STATE
PURCHASING.] The purchasing authority shall prepare and submit to the
governor and legislature an annual report and plan for the unified purchasing
of health care services. The plan must:
(1) promote personal choice and
responsibility;
(2) encourage and promote better health
of patients and residents of the state;
(3) provide incentives to privately
based health plans and health care delivery systems to improve efficiency and
quality;
(4) use community standards and
measurement methods for determining the value of specific health care services
based on quality and performance; and
(5) separate the health care purchasing
functions of state government from those activities relating to regulation and
delivery of services, but require consistent use of uniform quality and
performance standards and methods for purchasing, regulation, and delivery of
health care services.
Subd. 3. [PURCHASING AND COVERAGE
GUIDELINES.] The purchasing authority shall convene a panel of health care
policy experts and health care providers to establish a process to select
evidence-based guidelines based on sound research evidence and implement an
integrated approach using these guidelines for purchasing decisions and
coverage design.
Subd. 4. [PUBLIC AND PRIVATE
PURCHASERS.] (a) The purchasing authority shall prepare and submit to the
governor and legislature by December 15, 2005, a plan for permitting public
employers, including school districts, cities, counties, and other governmental
entities, to purchase a secure benefit set with the state purchasing authority.
The secure benefit set must include the services described under subdivision 6.
(b) Notwithstanding any laws to the
contrary, the commissioner of employee relations may expand the range of health
coverage options available to purchase under the public employees insurance
program established under Minnesota Statutes, section 43A.316, including the
option to purchase the secure benefit set as defined under subdivision 6. Under
this option, public employers may purchase health coverage for their employees
through the public employees insurance program beginning July 1, 2006.
(c) The purchasing authority shall
include in the plan described in paragraph (a) recommendations for:
(1) a process for permitting nursing
homes and other long-term care providers to purchase the secure benefit set
with the assistance of the state health care purchasing authority as part of a
separate risk pool; and
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(2) a process for permitting
individuals to purchase the secure benefit set as part of a separate risk pool
through the state health care purchasing authority beginning January 1, 2009.
Subd. 5. [COORDINATION AND COMMON
STANDARDS FOR STATE PURCHASING AND REGULATION.] The purchasing authority, in
consultation with all state agencies, boards, and commissioners that have
responsibility for purchasing or for regulating individuals and organizations
that provide health coverage or deliver health care services, shall prepare and
submit to the governor and legislature by December 15, 2005, a report and draft
legislation that will:
(1) require all state purchasing and
regulatory requirements to use common standards and measurement methods for
quality and performance; and
(2) provide for the coordination of
health care purchasing strategies and activities administered by the state,
including, but not limited to, the state employees group insurance plan, the
public employees insurance program, purchasing activities for public and
private employers and individuals established under subdivision 4, and health
care programs administered by the commissioner of human services or the
commissioner of health.
Subd. 6. [SECURE BENEFIT SET
DEVELOPMENT.] The purchasing authority, in consultation with a panel of
health care policy experts, shall define a secure benefit set that includes
coverage for preventive health services, as specified in preventive services
guidelines for children and adults developed by the Institute for Clinical
Systems Improvement, prescription drug coverage, and catastrophic coverage.
Nothing in this section authorizes the purchasing authority to change the
benefits covered by the medical assistance, MinnesotaCare, or general
assistance medical care programs to the extent these benefits are specified in
state or federal law.
Subd. 7. [SPECIAL POPULATIONS.] In
developing a plan for the unified purchasing of health care services and a
secure benefit set, the purchasing authority must take into account the needs
of special populations, including, but not limited to, persons who are elderly
or disabled and persons with chronic conditions.
Subd. 8. [COST AND QUALITY
DISCLOSURE.] The purchasing authority, in cooperation with organizations
representing consumers, employers, physicians and other health professionals,
hospitals, long-term care facilities, health plan companies, quality
improvement organizations, research and education institutions, and other appropriate
constituencies, shall identify and contract with a private, nonprofit
organization to serve as a statewide source of comparative information on
health care costs and quality.
Sec. 48. [TRAINING SERVICES.]
During the biennium ending June 30, 2007,
state executive branch agencies must consider using services provided by
Government Training Services before contracting with other outside vendors for
similar services.
Sec. 49. [STUDY OF WATER AND SEWER
BILLING.]
The director of the Legislative
Coordinating Commission must provide administrative support to a working group
to study issues relating to collection of delinquent water and sewer bills from
owners, lessees, and occupants of rental property. The group consists of the
following members:
(1) two representatives of cities;
(2) two representatives of residential
rental property owners;
(3) one representative of tenants;
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(4) one legislator from the
majority caucus of the house of representatives appointed by the speaker, and
one legislator from the minority caucus of the house appointed by the minority
leader;
(5) one representative of the majority and minority caucuses
of the senate, appointed by the senate subcommittee on committees; and
(6) one public member appointed by the speaker of the house
of representatives and one public member appointed by the majority leader of the
senate.
Members specified in clauses (1) to (3) must be appointed
jointly by the speaker of the house of representatives and the majority leader
of the senate.
The working group must report findings and recommendations to
the legislature by January 15, 2006. This section expires on the day following
the date the working group submits its report.
Sec. 50. [PORTRAITS.]
The Capitol Area Architectural and Planning Board, in
consultation with the Minnesota Historical Society, must request the
Smithsonian Institution to extend the period during which the portraits of
Julia Finch Gilbert and Cass Gilbert are displayed in the Capitol building. In
negotiating an extension of the loan period, the board must request that the portraits
remain on display in the Capitol when they are not being publicly displayed
elsewhere, but must recognize that it is desirable for the portraits to be
displayed in other buildings designed by Cass Gilbert, in conjunction with
centennial celebrations for those buildings.
Sec. 51. [COYA KNUTSON MEMORIAL.]
The commissioner of administration shall establish a
memorial in the Capitol building honoring Coya Knutson. The commissioner, with
the assistance and approval of the Capitol Area Architectural and Planning
Board, shall select an appropriate site. The commissioner may accept donations
from nonstate sources for the memorial, and this money is appropriated to the
commissioner for purposes of the memorial.
Sec. 52. [REPEALER.]
(a) Minnesota Statutes 2004, sections 3.9222; 16A.151,
subdivision 5; 16A.30; and 16B.52, are repealed.
(b) Minnesota Statutes 2004, section 471.68, subdivision 3,
is repealed effective July 1, 2006.
ARTICLE 3
PUBLIC EMPLOYMENT
Section 1. Minnesota Statutes 2004, section 43A.23, subdivision
1, is amended to read:
Subdivision 1. [GENERAL.] The commissioner is authorized to
request bids from carriers or to negotiate with carriers and to enter
into contracts with carriers parties which in the judgment of the
commissioner are best qualified to underwrite and provide service
to the benefit plans. Contracts entered into with carriers are
not subject to the requirements of sections 16C.16 to 16C.19. The commissioner
may negotiate premium rates and coverage provisions with all carriers
licensed under chapters 62A, 62C, and 62D. The commissioner may also negotiate
reasonable restrictions to be applied to all carriers under chapters 62A, 62C,
and 62D. Contracts to underwrite the benefit plans must be bid or
negotiated separately from contracts to service the benefit plans, which may be
awarded only on the basis of competitive bids. The commissioner shall consider
the cost of the plans, conversion options
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Day - Monday, May 23, 2005 - Top of Page 4843
relating to the
contracts, service capabilities, character, financial position, and reputation
of the carriers, and any other factors which the commissioner deems
appropriate. Each benefit contract must be for a uniform term of at least one
year, but may be made automatically renewable from term to term in the absence
of notice of termination by either party. The commissioner shall, to the
extent feasible, make hospital and medical benefits available from at least one
carrier licensed to do business pursuant to each of chapters 62A, 62C, and 62D.
The commissioner need not provide health maintenance organization services to
an employee who resides in an area which is not served by a licensed health
maintenance organization. The commissioner may refuse to allow a health
maintenance organization to continue as a carrier. The commissioner may elect
not to offer all three types of carriers if there are no bids or no acceptable
bids by that type of carrier or if the offering of additional carriers would
result in substantial additional administrative costs. A carrier licensed
under chapter 62A is exempt from the taxes imposed by chapter 297I on premiums
paid to it by the state.
All self-insured hospital and medical service products must
comply with coverage mandates, data reporting, and consumer protection
requirements applicable to the licensed carrier administering the product, had
the product been insured, including chapters 62J, 62M, and 62Q. Any
self-insured products that limit coverage to a network of providers or provide
different levels of coverage between network and nonnetwork providers shall
comply with section 62D.123 and geographic access standards for health
maintenance organizations adopted by the commissioner of health in rule under
chapter 62D.
Sec. 2. [43A.346] [POSTRETIREMENT OPTION.]
Subdivision 1. [DEFINITION.] For purposes of this
section, "state employee" means a person currently occupying a civil
service position in the executive branch of state government, the Minnesota
State Retirement System, or the Office of the Legislative Auditor, or a person
employed by the Metropolitan Council.
Subd. 2. [ELIGIBILITY.] This section applies to a
state or Metropolitan Council employee who:
(1) for at least the five years immediately preceding
separation under clause (2), has been regularly scheduled to work 1,044 or more
hours per year in a position covered by a pension plan administered by the
Minnesota State Retirement System or the Public Employees Retirement
Association;
(2) terminates state or Metropolitan Council employment;
(3) at the time of termination under clause (2), meets the
age and service requirements necessary to receive an unreduced retirement
annuity from the plan and satisfies requirements for the commencement of the
retirement annuity or, for an employee under the unclassified employees
retirement plan, meets the age and service requirements necessary to receive an
unreduced retirement annuity from the plan and satisfies requirements for the
commencement of the retirement annuity or elects a lump-sum payment; and
(4) agrees to accept a postretirement option position with
the same or a different appointing authority, working a reduced schedule that
is both (i) a reduction of at least 25 percent from the employee's number of
regularly scheduled work hours; and (ii) 1,044 hours or less in state or
Metropolitan Council service.
Subd. 3. [UNCLASSIFIED SERVICE.] Notwithstanding any
law to the contrary, state postretirement option positions shall be in the
unclassified service but shall not be covered by the Minnesota State Retirement
System unclassified employees plan.
Subd. 4. [ANNUITY REDUCTION NOT APPLICABLE.] Notwithstanding
any law to the contrary, when an eligible state employee in a postretirement
option position under this section commences receipt of the annuity, the
provisions of section 352.115, subdivision 10, or 353.37 governing annuities of
reemployed annuitants, shall not apply for the duration of employment in the
position.
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Subd. 5. [APPOINTING
AUTHORITY DISCRETION.] The appointing authority has sole discretion to
determine if and the extent to which a postretirement option position under
this section is available to a state employee. Any offer of such a position
must be made in writing to the employee by the appointing authority on a form
prescribed by the Department of Employee Relations and the Minnesota State
Retirement System or the Public Employees Retirement Association. The appointing
authority may not require a person to waive any rights under a collective
bargaining agreement or unrepresented employee compensation plan as a condition
of participation.
Subd. 6. [DURATION.] Postretirement
option employment shall be for an initial period not to exceed one year. During
that period, the appointing authority may not modify the conditions specified
in the written offer without the employee's agreement, except as required by
law or by the collective bargaining agreement or compensation plan applicable
to the employee. At the end of the initial period, the appointing authority has
sole discretion to determine if the offer of a postretirement option position
will be renewed, renewed with modifications, or terminated. Postretirement
option employment may be renewed for periods of up to one year, not to exceed a
total duration of five years. No person shall be employed in one or a
combination of postretirement option positions under this section for a total
of more than five years.
Subd. 7. [COPY TO FUND.] The
appointing authority shall provide the Minnesota State Retirement System or the
Public Employees Retirement Association with a copy of the offer, the
employee's acceptance of the terms, and any subsequent renewal agreement.
Subd. 8. [NO SERVICE CREDIT.] Notwithstanding
any law to the contrary, a person may not earn service credit in the Minnesota
State Retirement System or the Public Employees Retirement Association for
employment covered under this section, and employer contributions and payroll
deductions for the retirement fund must not be made based on earnings of a
person working under this section. No change shall be made to a monthly annuity
or retirement allowance based on employment under this section.
Subd. 9. [INSURANCE CONTRIBUTION.] Notwithstanding
any law to the contrary, the appointing authority must make an employer
insurance contribution for a person who is employed in a postretirement option
position under this section and who is not receiving any other state-paid or
Metropolitan Council-paid employer insurance contribution. The amount of the
contribution must be equal to the percent time worked in the postretirement
option position (hours scheduled to be worked annually divided by 2,088) times 1.5
times the full employer contribution for employee-only health and dental
coverage. The appointing authority must contribute that amount to a health
reimbursement arrangement.
Subd. 10. [SUBSEQUENT EMPLOYMENT.] If
a person has been in a postretirement option position and accepts any other
position in state or Metropolitan Council-paid service, in the subsequent state
or Metropolitan Council-paid employment the person may not earn service credit
in the Minnesota State Retirement System or Public Employees Retirement
Association, no employer contributions or payroll deductions for the retirement
fund shall be made, and the provisions of section 352.115, subdivision 10, or
section 353.37, shall apply.
Sec. 3. [VOLUNTARY HOUR REDUCTION PLAN.]
(a) This section applies to a state
employee who:
(1) on the effective date of this
section is regularly scheduled to work 1,044 or more hours a year in a position
covered by a pension plan administered by the Minnesota state retirement
system; and
(2) enters into an agreement with the
appointing authority to work a reduced schedule of 1,044 hours or less in the
covered position.
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(b) Notwithstanding any law
to the contrary, for service under an agreement entered into under paragraph
(a), contributions may be made to the applicable plan of the Minnesota state
retirement system as if the employee had not reduced hours. The employee must
pay the additional employee contributions and the employer must pay the
additional employer contributions necessary to bring the service credit and
salary up to the level prior to the voluntary reduction in hours. Contributions
must be made in a time and manner prescribed by the executive director of the
Minnesota state retirement system.
(c) The amount of hours worked, the
work schedule, and the duration of the voluntary hour reduction must be
mutually agreed to by the employee and the appointing authority. The appointing
authority may not require a person to waive any rights under a collective
bargaining agreement as a condition of participation under this section. The
appointing authority has sole discretion to determine if and the extent to
which voluntary hour reduction under this section is available to an employee.
(d) A person who works under this
section is a member of the appropriate bargaining unit; is covered by the
appropriate collective bargaining contract or compensation plan; and is
eligible for health care coverage as provided in the collective bargaining
contract or compensation plan.
(e) An agreement under this section may
apply only to work through June 30, 2007.
Sec. 4. [VOLUNTARY UNPAID LEAVE OF
ABSENCE.]
(a) Appointing authorities in state
government may allow each employee to take unpaid leaves of absence for up to
1,040 hours between July 1, 2005, and June 30, 2007. Each appointing authority
approving such a leave shall allow the employee to continue accruing vacation
and sick leave, be eligible for paid holidays and insurance benefits, accrue
seniority, and, if payments are made under paragraph (b), accrue service credit
and credited salary in the state retirement plans as if the employee had
actually been employed during the time of leave. An employee covered by the
unclassified plan may voluntarily make the employee contributions to the
unclassified plan during the leave of absence. If the employee makes these
contributions, the appointing authority must make the employer contribution. If
the leave of absence is for one full pay period or longer, any holiday pay
shall be included in the first payroll warrant after return from the leave of
absence. The appointing authority shall attempt to grant requests for the
unpaid leaves of absence consistent with the need to continue efficient
operation of the agency. However, each appointing authority shall retain
discretion to grant or refuse to grant requests for leaves of absence and to
schedule and cancel leaves, subject to the applicable provisions of collective
bargaining agreements and compensation plans.
(b) To receive eligible service credit
and credited salary in a defined benefit plan, the member shall pay an amount
equal to the applicable employee contribution rates. If an employee pays the
employee contribution for the period of the leave under this section, the
appointing authority must pay the employer contribution. The appointing
authority may, at its discretion, pay the employee contributions. Contributions
must be made in a time and manner prescribed by the executive director of the
applicable pension plan.
[EFFECTIVE
DATE.] This section is effective the day following final enactment.
Sec. 5. [LABOR AGREEMENTS AND COMPENSATION
PLANS.]
Subdivision 1. [AMERICAN FEDERATION
OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES.] The arbitration award and labor
agreement between the state of Minnesota and the American Federation of State,
County, and Municipal Employees, unit 8, approved by the Legislative
Coordinating Commission Subcommittee on Employee Relations on June 14, 2004, is
ratified.
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Subd. 2. [MINNESOTA LAW
ENFORCEMENT ASSOCIATION; ARBITRATION AWARD.] The arbitration award between
the state of Minnesota and the Minnesota Law Enforcement Association, approved
by the Legislative Coordinating Commission Subcommittee on Employee Relations
on June 14, 2004, is ratified.
Subd. 3. [HIGHER EDUCATION SERVICES OFFICE; COMPENSATION
PLAN.] The compensation plan for unrepresented employees of the Higher
Education Services Office, approved by the Legislative Coordinating Commission
Subcommittee on Employee Relations on June 14, 2004, is ratified.
Subd. 4. [MINNESOTA LAW ENFORCEMENT ASSOCIATION;
BARGAINING AGREEMENT.] The collective bargaining agreement between the state
of Minnesota and the Minnesota Law Enforcement Association, submitted to the
Legislative Coordinating Commission Subcommittee on Employee Relations on
September 29, 2004, and implemented after 30 days on October 30, 2004, is
ratified.
Subd. 5. [INTER FACULTY ORGANIZATION.] The collective
bargaining agreement between the state of Minnesota and the Inter Faculty
Organization, submitted to the Legislative Coordinating Commission Subcommittee
on Employee Relations on September 29, 2004, and implemented after 30 days on
October 29, 2004, is ratified.
Subd. 6. [MINNESOTA NURSES ASSOCIATION.] The
arbitration award and the collective bargaining agreement between the state of
Minnesota and the Minnesota Nurses Association, approved by the Legislative
Coordinating Commission Subcommittee on Employee Relations on December 20,
2004, is ratified.
Subd. 7. [TEACHERS RETIREMENT ASSOCIATION.] The
proposal to increase the salary of the executive director of the Teachers
Retirement Association, as modified and approved by the Legislative
Coordinating Commission Subcommittee on Employee Relations on December 20,
2004, is ratified.
Subd. 8. [MINNESOTA STATE RETIREMENT SYSTEM.] The
proposal to increase the salary of the executive director of the Minnesota
State Retirement System, as modified and approved by the Legislative
Coordinating Commission Subcommittee on Employee Relations on December 20,
2004, is ratified.
Subd. 9. [PUBLIC EMPLOYEES RETIREMENT ASSOCIATION.] The
proposal to increase the salary of the executive director of the Public
Employees Retirement Association, as modified and approved by the Legislative
Coordinating Commission Subcommittee on Employee Relations on December 20,
2004, is ratified.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
ARTICLE 4
MILITARY AND VETERANS
Section 1. Minnesota Statutes 2004, section 190.16, is amended
by adding a subdivision to read:
Subd. 6a. [RENTAL OF CAMP RIPLEY FACILITIES.] The
adjutant general or the adjutant general's designee may rent buildings or other
facilities at Camp Ripley to persons under terms and conditions specified by
the adjutant general or designee. Subject to any prohibitions or restrictions
in any agreement between the United States and the state of Minnesota, proceeds
of rentals under this subdivision must be applied as follows:
(1) payment of increased utilities, maintenance, or other
costs directly attributable to the rental;
(2) other operating and maintenance or repair costs for the
building or facility being rented; and
(3) maintenance and improvement of buildings or other
facilities at Camp Ripley.
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Rentals under
this subdivision must be made under terms and conditions that do not conflict
with the use of Camp Ripley for military purposes.
Sec. 2. Minnesota Statutes 2004, section
192.19, is amended to read:
192.19 [RETIRED MEMBERS MAY BE ORDERED TO
ACTIVE DUTY.]
The commander-in-chief or the adjutant
general may assign officers, warrant officers, and enlisted personnel on the
retired list, with their consent, to temporary active service in recruiting,
upon courts-martial, courts of inquiry and boards, to staff duty not involving
service with troops, or in charge of a military reservation left temporarily
without officers. Such personnel while so assigned shall receive the full pay
and allowances of their grades at time of retirement, except that the
commander-in-chief or the adjutant general may authorize pay and allowances in
a higher grade when it is considered appropriate based on special skills or
experience of the person being assigned to temporary active service.
Sec. 3. Minnesota Statutes 2004, section
192.261, subdivision 2, is amended to read:
Subd. 2. [REINSTATEMENT.] Except as
otherwise hereinafter provided, upon the completion of such service such
officer or employee shall be reinstated in the public position, which was held
at the time of entry into such service, or a public position of like seniority,
status, and pay if such is available at the same salary which the officer or
employee would have received if the leave had not been taken, upon the
following conditions: (1) that the position has not been abolished or that the
term thereof, if limited, has not expired; (2) that the officer or employee is
not physically or mentally disabled from performing the duties of such
position; (3) that the officer or employee makes written application for
reinstatement to the appointing authority within 90 days after termination of
such service, or 90 days after discharge from hospitalization or medical
treatment which immediately follows the termination of, and results from, such
service; provided such application shall be made within one year and 90 days
after termination of such service notwithstanding such hospitalization or
medical treatment; (4) that the officer or employee submits an honorable discharge
or other form of release by proper authority indicating that the officer's or
employee's military or naval service was satisfactory. Upon such reinstatement
the officer or employee shall have the same rights with respect to accrued and
future seniority status, efficiency rating, vacation, sick leave, and other
benefits as if that officer or employee had been actually employed during the
time of such leave. The officer or employee reinstated under this section is
entitled to vacation and sick leave with pay as provided in any applicable
civil service rules, collective bargaining agreement, or compensation plan, and
accumulates vacation and sick leave from the time the person enters active
military service until the date of reinstatement without regard to any
otherwise applicable limits on civil service rules limiting the number of days
which may be accumulated. No officer or employee so reinstated shall be
removed or discharged within one year thereafter except for cause, after notice
and hearing; but this shall not operate to extend a term of service limited by
law.
[EFFECTIVE
DATE.] This section is effective the day following final enactment and
applies to any public officer or public employee serving in active military
service on or after September 11, 2001.
Sec. 4. Minnesota Statutes 2004, section
192.501, subdivision 2, is amended to read:
Subd. 2. [TUITION AND TEXTBOOK
REIMBURSEMENT GRANT PROGRAM.] (a) The adjutant general shall establish a
program to provide tuition and textbook reimbursement grants to eligible
members of the Minnesota National Guard within the limitations of this
subdivision.
(b) Eligibility is limited to a member of
the National Guard who:
(1) is serving satisfactorily as defined
by the adjutant general;
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(2) is attending a postsecondary
educational institution, as defined by section 136A.15, subdivision 6,
including a vocational or technical school operated or regulated by this state
or another state or province; and
(3) provides proof of satisfactory completion of coursework, as
defined by the adjutant general.
In addition, (c) Notwithstanding paragraph (b), clause
(1), for a person who:
(1) has satisfactorily completed the person's service
contract in the Minnesota National Guard or the portion of it involving
selective reserve status, for which any part of that service was spent serving
honorably in federal active service or federally funded state active service
since September 11, 2001, the person's eligibility is extended for a period of
two years, plus an amount of time equal to the duration of that person's active
service, subject to the credit hours limit in paragraph (g); or
(2) has served honorably in the Minnesota National Guard and
has been separated or discharged from that organization due to a
service-connected injury, disease, or disability, the eligibility period is
extended for eight years beyond the date of separation, subject to the credit
hours limit in paragraph (g).
(d) If a member of the Minnesota National Guard is
killed in the line of state active service or federally funded state active
service, as defined in section 190.05, subdivisions 5a and 5b, the
member's surviving spouse, and any surviving dependent who has not yet reached
24 years of age, is eligible for a tuition and textbook reimbursement grant,
with each eligible person independently subject to the credit hours limit in
paragraph (g).
(e) The adjutant general may, within the limitations of this
paragraph paragraphs (b) to (d) and other applicable laws, determine
additional eligibility criteria for the grant, and must specify the criteria in
department regulations and publish changes as necessary.
(c) (f) The amount of a tuition and textbook
reimbursement grant must be specified on a schedule as determined and published
in department regulations by the adjutant general, but is limited to a maximum
of an amount equal to the greater of:
(1) up to 100 percent of the cost of tuition for lower division
programs in the College of Liberal Arts at the Twin Cities campus of the
University of Minnesota in the most recent academic year; or
(2) up to 100 percent of the cost of tuition for the program in
which the person is enrolled at that Minnesota public institution, or if that
public institution is outside the state of Minnesota, for the cost of a
comparable program at the University of Minnesota, except that in the case of a
survivor as defined in paragraph (b) (d), the amount of the
tuition and textbook reimbursement grant for coursework satisfactorily
completed by the person is limited to 100 percent of the cost of tuition for
postsecondary courses at a Minnesota public educational institution.
Paragraph (g) Paragraphs (b) to (e)
notwithstanding, a person is no longer eligible for a grant under this
subdivision once the person has received grants under this subdivision for the
equivalent of 208 quarter credits or 144 semester credits of coursework.
(d) (h) Tuition and textbook reimbursement grants
received under this subdivision may not be considered by the Minnesota Higher
Education Services Office or by any other state board, commission, or entity in
determining a person's eligibility for a scholarship or grant-in-aid under
sections 136A.095 to 136A.1311.
(e) (i) If a member fails to complete a term of
enlistment during which a tuition and textbook reimbursement grant was paid,
the adjutant general may seek to recoup a prorated amount as determined by the
adjutant general. However, this authority does not apply to a person whose
separation from the Minnesota National Guard is due to a medical condition or
financial hardship.
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(j) For purposes of this
section, the terms "active service," "state active
service," "federally funded state active service," and "federal
active service" have the meanings given in section 190.05, subdivisions 5
to 5c, respectively, except that for purposes of paragraph (c), clause (1),
these terms exclude service performed exclusively for purposes of:
(1) basic combat training, advanced
individual training, annual training, and periodic inactive duty training;
(2) special training periodically made
available to reserve members;
(3) service performed in accordance
with section 190.08, subdivision 3; and
(4) service performed as part of the
active guard/reserve program pursuant to United States Code, title 32, section
502(f), or other applicable authority.
[EFFECTIVE
DATE.] This section is effective the day following final enactment and
applies to persons who have served in the Minnesota National Guard at anytime
since September 11, 2001, and if the person has died in the line of service, to
the person's surviving spouse and dependents.
Sec. 5. Minnesota Statutes 2004, section
193.29, subdivision 3, is amended to read:
Subd. 3. [JOINT BOARDS.] In all cases in
which more than one company or other unit of the military forces shall occupy
the same armory, the armory board shall consist of officers military
personnel assigned to the units or organizations quartered therein. The
adjutant general shall designate by order from time to time the representatives
of each unit quartered therein to comprise the armory board for each armory. In
the discretion of the adjutant general, the membership of the board may be
comprised of officers, warrant officers, and enlisted personnel and may be
changed from time to time so as to give the several organizations quartered
therein proper representation on the board.
Sec. 6. Minnesota Statutes 2004, section
193.30, is amended to read:
193.30 [COMMANDING OFFICERS MANAGEMENT
OF ARMORY BOARD.]
The senior officer member on
each armory board shall be the chair, and the junior officer member
thereof shall be the recorder. A record of the proceedings of the board shall
be kept, and all motions offered, whether seconded or not, shall be put to a
vote and the result recorded. In the case of a tie vote the adjutant general,
upon the request of any member, shall decide. The governor may make and alter
rules for the government of armory boards, officers, and other persons having
charge of armories, arsenals, or other military property of the state.
Sec. 7. Minnesota Statutes 2004, section
193.31, is amended to read:
193.31 [SENIOR OFFICER TO CONTROL OF
DRILL HALL.]
The senior officer member of
any company or other organization assembling at an armory for drill or
instruction shall have control of the drill hall or other portion of the
premises used therefor during such occupancy, subject to the rules prescribed for
its use and the orders of that officer's member's superior. Any
person who intrudes contrary to orders, or who interrupts, molests, or insults
any troops so assembled, or who refuses to leave the premises when properly
requested so to do, shall be guilty of a misdemeanor. Nothing in this section
shall prevent reasonable inspection of the premises by the proper municipal
officer, or by the lessor thereof in accordance with the terms of the lease.
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Sec. 8. Minnesota Statutes 2004,
section 197.608, subdivision 5, is amended to read:
Subd. 5. [QUALIFYING USES.] The commissioner shall consult with
the Minnesota Association of County Veterans Service Officers in developing a
list of qualifying uses for grants awarded under this program. The
commissioner is authorized to use any unexpended funding for this program to
provide training and education for county veterans service officers.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 9. Minnesota Statutes 2004, section 471.975, is amended to
read:
471.975 [MAY PAY DIFFERENTIAL OF RESERVE ON ACTIVE DUTY.]
(a) Except as provided in paragraph (b), a statutory or home
rule charter city, county, town, or other political subdivision may pay to each
eligible member of the National Guard or other reserve component of the armed
forces of the United States an amount equal to the difference between the
member's basic active duty military salary and the salary the member would be
paid as an active political subdivision employee, including any adjustments the
member would have received if not on leave of absence. This payment may be made
only to a person whose basic active duty military salary is less than the
salary the person would be paid as an active political subdivision employee.
Back pay authorized by this section may be paid in a lump sum. Payment under
this section must not extend beyond four years from the date the employee
reported for active service, plus any additional time the employee may be
legally required to serve.
(b) Subject to the limits under paragraph (g), each school
district shall pay to each eligible member of the National Guard or other
reserve component of the armed forces of the United States an amount equal to
the difference between the member's basic active duty military salary and the
salary the member would be paid as an active school district employee,
including any adjustments the member would have received if not on leave of
absence. The pay differential must be based on a comparison between the
member's daily rate of active duty pay, calculated by dividing the member's
military monthly salary by the number of paid days in the month, and the
member's daily rate of pay for the member's school district salary, calculated
by dividing the member's total school district salary by the number of contract
days. The member's salary as a school district employee must include the
member's basic salary and any additional salary the member earns from the
school district for cocurricular activities. The differential payment under
this paragraph must be the difference between the daily rates of military pay
times the number of school district contract days the member misses because of
military active duty. This payment may be made only to a person whose basic
active duty military salary is less than the salary the person would be paid as
an active school district employee. Payments may be made at the intervals at
which the member received pay as a school district employee. Payment under this
section must not extend beyond four years from the date the employee reported
for active service, plus any additional time the employee may be legally
required to serve.
(c) An eligible member of the reserve components of the armed
forces of the United States is a reservist or National Guard member who was an
employee of a political subdivision at the time the member reported for active
service on or after May 29, 2003, or who is on active service on May 29, 2003.
(d) Notwithstanding other obligations under law and
Except as provided in paragraph (e) and elsewhere in Minnesota Statutes,
a statutory or home rule charter city, county, town, or other political
subdivision has total discretion regarding employee benefit continuation for a
member who reports for active service and the terms and conditions of any
benefit.
(e) A school district must continue the employee's enrollment
in health and dental coverage, and the employer contribution toward that
coverage, until the employee is covered by health and dental coverage provided
by the armed forces. If the employee had elected dependent coverage for health
or dental coverage as of the time that the
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employee reported
for active service, a school district must offer the employee the option to
continue the dependent coverage at the employee's own expense. A school
district must permit the employee to continue participating in any pretax
account in which the employee participated when the employee reported for
active service, to the extent of employee pay available for that purpose.
(f) For purposes of this section, "active service"
has the meaning given in section 190.05, subdivision 5, but excludes service
performed exclusively for purposes of:
(1) basic combat training, advanced individual training, annual
training, and periodic inactive duty training;
(2) special training periodically made available to reserve
members; and
(3) service performed in accordance with section 190.08,
subdivision 3.
(g) A school district making payments under paragraph (b) shall
place a sum equal to any difference between the amount of salary that would
have been paid to the employee who is receiving the payments and the amount of
salary being paid to substitutes for that employee into a special fund that
must be used to pay or partially pay the deployed employee's payments under
paragraph (b). A school district is required to pay only this amount to the
deployed school district employee.
[EFFECTIVE DATE.] This
section is effective the day following final enactment and applies to any
public officer or public employee serving in active military service on or
after September 11, 2001.
Sec. 10. Laws 2000, chapter 461, article 4, section 4, as
amended by Laws 2003, First Special Session chapter 12, article 6, section 3,
and Laws 2004, chapter 267, article 17, section 7, is amended to read:
Sec. 4. [EFFECTIVE DATE; SUNSET REPEALER.]
(a) Sections 1, 2, and 3 are effective on the day
following final enactment.
(b) Sections 1, 2, and 3, are repealed on May 16, 2006 2007.
Sec. 11. [PLAQUE HONORING VETERANS OF THE PERSIAN GULF WAR.]
A memorial plaque may be placed in the court of honor on the
capitol grounds to recognize the valiant service to our nation by the thousands
of brave men and women who served honorably as members of the United States
Armed Forces during the Persian Gulf War. The plaque must be furnished by a
person or organization other than the Department of Veterans Affairs and must
be approved by the commissioner of veterans affairs and the Capitol Area
Architectural and Planning Board.
[EFFECTIVE
DATE.] This section is effective the day following final enactment.
Sec. 12. [REPEALER.]
Minnesota Statutes 2004, sections
43A.11, subdivision 2; and 197.455, subdivision 3, are repealed.
ARTICLE 5
OFFICE OF ENTERPRISE TECHNOLOGY
Section 1. Minnesota Statutes 2004,
section 10A.01, subdivision 35, is amended to read:
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Subd. 35. [PUBLIC OFFICIAL.]
"Public official" means any:
(1) member of the legislature;
(2) individual employed by the legislature
as secretary of the senate, legislative auditor, chief clerk of the house,
revisor of statutes, or researcher, legislative analyst, or attorney in the
Office of Senate Counsel and Research or House Research;
(3) constitutional officer in the
executive branch and the officer's chief administrative deputy;
(4) solicitor general or deputy,
assistant, or special assistant attorney general;
(5) commissioner, deputy commissioner, or
assistant commissioner of any state department or agency as listed in section
15.01 or 15.06, or the state chief information officer;
(6) member, chief administrative officer,
or deputy chief administrative officer of a state board or commission that has
either the power to adopt, amend, or repeal rules under chapter 14, or the
power to adjudicate contested cases or appeals under chapter 14;
(7) individual employed in the executive
branch who is authorized to adopt, amend, or repeal rules under chapter 14 or
adjudicate contested cases under chapter 14;
(8) executive director of the State Board
of Investment;
(9) deputy of any official listed in
clauses (7) and (8);
(10) judge of the Workers' Compensation
Court of Appeals;
(11) administrative law judge or
compensation judge in the State Office of Administrative Hearings or referee in
the Department of Employment and Economic Development;
(12) member, regional administrator,
division director, general counsel, or operations manager of the metropolitan
council;
(13) member or chief administrator of a
metropolitan agency;
(14) director of the Division of Alcohol
and Gambling Enforcement in the Department of Public Safety;
(15) member or executive director of the
Higher Education Facilities Authority;
(16) member of the board of directors or
president of Minnesota Technology, Inc.; or
(17) member of the board of directors or
executive director of the Minnesota State High School League.
Sec. 2. Minnesota Statutes 2004, section
15.06, is amended by adding a subdivision to read:
Subd. 1a. [APPLICATION TO OFFICE OF
ENTERPRISE TECHNOLOGY.] For the purposes of this section, references to
"commissioner" include the chief information officer of the Office of
Enterprise Technology.
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Sec. 3. Minnesota Statutes 2004,
section 16B.04, subdivision 2, is amended to read:
Subd. 2. [POWERS AND DUTIES, GENERAL.] Subject to other
provisions of this chapter, the commissioner is authorized to:
(1) supervise, control, review, and approve all state contracts
and purchasing;
(2) provide agencies with supplies and equipment and operate
all central store or supply rooms serving more than one agency;
(3) approve all computer plans and contracts, and oversee
the state's data processing system;
(4) investigate and study the management and
organization of agencies, and reorganize them when necessary to ensure their
effective and efficient operation;
(5) (4) manage and control state property, real
and personal;
(6) (5) maintain and operate all state buildings,
as described in section 16B.24, subdivision 1;
(7) (6) supervise, control, review, and approve
all capital improvements to state buildings and the capitol building and
grounds;
(8) (7) provide central duplicating, printing,
and mail facilities;
(9) (8) oversee publication of official documents
and provide for their sale;
(10) (9) manage and operate parking facilities for
state employees and a central motor pool for travel on state business;
(11) (10) establish and administer a State
Building Code; and
(12) (11) provide rental space within the capitol
complex for a private day care center for children of state employees. The
commissioner shall contract for services as provided in this chapter. The
commissioner shall report back to the legislature by October 1, 1984, with the
recommendation to implement the private day care operation.
Sec. 4. Minnesota Statutes 2004, section 16B.48, subdivision 4,
is amended to read:
Subd. 4. [REIMBURSEMENTS.] Except as specifically provided
otherwise by law, each agency shall reimburse intertechnologies and the
general services revolving funds for the cost of all services, supplies,
materials, labor, and depreciation of equipment, including reasonable overhead
costs, which the commissioner is authorized and directed to furnish an agency.
The cost of all publications or other materials produced by the commissioner
and financed from the general services revolving fund must include reasonable
overhead costs. The commissioner of administration shall report the rates to be
charged for each the general services revolving fund funds
no later than July 1 each year to the chair of the committee or division in the
senate and house of representatives with primary jurisdiction over the budget
of the Department of Administration. The commissioner of finance shall make
appropriate transfers to the revolving funds described in this section when
requested by the commissioner of administration. The commissioner of
administration may make allotments, encumbrances, and, with the approval of the
commissioner of finance, disbursements in anticipation of such transfers. In
addition, the commissioner of administration, with the approval of the
commissioner of finance, may require an agency to make advance payments to the
revolving funds in this section sufficient to cover the agency's estimated
obligation for a period of at least 60 days. All reimbursements and other money
received by the commissioner of administration under this section must
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be deposited in the
appropriate revolving fund. Any earnings remaining in the fund established to
account for the documents service prescribed by section 16B.51 at the end of
each fiscal year not otherwise needed for present or future operations, as
determined by the commissioners of administration and finance, must be
transferred to the general fund.
Sec. 5. Minnesota Statutes 2004, section 16B.48, subdivision 5,
is amended to read:
Subd. 5. [LIQUIDATION.] If the intertechnologies or
general services revolving fund is funds are abolished or
liquidated, the total net profit from the operation of each fund must be
distributed to the various funds from which purchases were made. The amount to
be distributed to each fund must bear to the net profit the same ratio as the
total purchases from each fund bears to the total purchases from all the funds
during the same period of time.
Sec. 6. Minnesota Statutes 2004, section 16E.01, subdivision 1,
is amended to read:
Subdivision 1. [PURPOSE CREATION; CHIEF INFORMATION
OFFICER.] The Office of Enterprise Technology, referred to in this
chapter as the "office," is under the supervision of the
commissioner of administration an agency in the executive branch headed
by the state chief information officer. The appointment of the chief
information officer is subject to the advice and consent of the senate under
section 15.066.
Subd. 1a. [RESPONSIBILITIES.] The office shall provide oversight,
leadership, and direction for information and communications telecommunications
technology policy and the management, delivery, and security of information
and telecommunications technology systems and services in Minnesota. The
office shall coordinate manage strategic investments in
information and communications telecommunications technology systems
and services to encourage the development of a technically literate society
and, to ensure sufficient access to and efficient delivery of
government services, and to maximize benefits for the state government as an
enterprise.
Sec. 7. Minnesota Statutes 2004, section 16E.01, subdivision 3,
is amended to read:
Subd. 3. [DUTIES.] (a) The office shall:
(1) coordinate manage the efficient and effective
use of available federal, state, local, and private public-private
resources to develop statewide information and communications telecommunications
technology systems and services and its infrastructure;
(2) review approve state agency and
intergovernmental information and communications telecommunications
technology systems and services development efforts involving state
or intergovernmental funding, including federal funding, provide information to
the legislature regarding projects reviewed, and recommend projects for inclusion
in the governor's budget under section 16A.11;
(3) encourage ensure cooperation and
collaboration among state and local governments in developing intergovernmental
communication and information and telecommunications technology
systems and services, and define the structure and responsibilities of the
Information Policy Council a representative governance structure;
(4) cooperate and collaborate with the legislative and judicial
branches in the development of information and communications systems in those
branches;
(5) continue the development of North Star, the state's
official comprehensive on-line service and information initiative;
(6) promote and collaborate with the state's agencies in the
state's transition to an effectively competitive telecommunications market;
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(7) collaborate with entities
carrying out education and lifelong learning initiatives to assist Minnesotans
in developing technical literacy and obtaining access to ongoing learning
resources;
(8) promote and coordinate public information access and
network initiatives, consistent with chapter 13, to connect Minnesota's
citizens and communities to each other, to their governments, and to the world;
(9) promote and coordinate electronic commerce initiatives to
ensure that Minnesota businesses and citizens can successfully compete in the
global economy;
(10) manage and promote and coordinate the
regular and periodic reinvestment in the core information and communications telecommunications
technology systems and services infrastructure so that state and local
government agencies can effectively and efficiently serve their customers;
(11) facilitate the cooperative development of and ensure
compliance with standards and policies for information and
telecommunications technology systems and services, electronic data
practices and privacy, and electronic commerce among international, national,
state, and local public and private organizations; and
(12) work with others to avoid eliminate
unnecessary duplication of existing information and telecommunications
technology systems and services provided by other public and private
organizations while building on the existing governmental, educational,
business, health care, and economic development infrastructures;
(13) identify, sponsor, develop, and execute shared
information and telecommunications technology projects and ongoing operations;
and
(14) ensure overall security of the state's information and
technology systems and services.
(b) The commissioner of administration chief
information officer in consultation with the commissioner of finance may
must determine that when it is cost-effective for agencies
to develop and use shared information and communications telecommunications
technology systems and services for the delivery of electronic
government services. This determination may be made if an agency proposes a
new system that duplicates an existing system, a system in development, or a
system being proposed by another agency. The commissioner of
administration chief information officer may require agencies to use shared
information and telecommunications technology systems and services. The chief
information officer shall establish reimbursement rates in cooperation with
the commissioner of finance to be billed to agencies and other governmental
entities sufficient to cover the actual development, operating, maintenance,
and administrative costs of the shared systems. The methodology for billing may
include the use of interagency agreements, or other means as allowed by law.
Sec. 8. Minnesota Statutes 2004, section 16E.02, is amended to
read:
16E.02 [OFFICE OF ENTERPRISE TECHNOLOGY;
STRUCTURE AND PERSONNEL.]
Subdivision 1. [OFFICE MANAGEMENT AND STRUCTURE.] (a)
The commissioner of administration chief information officer is
appointed by the governor. The chief information officer serves in the
unclassified service at the pleasure of the governor. The chief information
officer must have experience leading enterprise-level information technology
organizations. The chief information officer is the state's chief information
officer and information and telecommunications technology advisor to the
governor.
(b) The chief information officer may appoint other
employees of the office. The staff of the office must include individuals
knowledgeable in information and communications telecommunications
technology systems and services and individuals with specialized training in
information security.
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Subd. 1a.
[ACCOUNTABILITY.] The chief information officer reports to the governor. The
chief information officer must consult regularly with the commissioners of
administration, finance, human services, revenue, and other commissioners as
designated by the governor, on technology projects, standards, and services as
well as management of resources and staff utilization.
Subd. 2. [INTERGOVERNMENTAL PARTICIPATION.] The commissioner
of administration chief information officer or the commissioner's
chief information officer's designee shall serve as a member of the
Minnesota Education Telecommunications Council, the Geographic Information
Systems Council, and the Library Planning Task Force, or
their respective successor organizations, and as a nonvoting
member of Minnesota Technology, Inc. and the Minnesota Health Data
Institute as a nonvoting member.
Subd. 3. [ADMINISTRATIVE SUPPORT.] The commissioner
of administration must provide office space and administrative support services
to the office. The office must reimburse the commissioner for these services.
Sec. 9. Minnesota Statutes 2004, section 16E.03, subdivision 1,
is amended to read:
Subdivision 1. [DEFINITIONS.] For the purposes of sections
16E.03 to 16E.05 chapter 16E, the following terms have the meanings
given them.
(a) "Information and telecommunications technology
systems and services" means all computing and telecommunications hardware
and software, the activities undertaken to secure that hardware and software,
and the activities undertaken to acquire, transport, process, analyze, store,
and disseminate information electronically. "Information and
telecommunications technology systems and services" includes all proposed
expenditures for computing and telecommunications hardware and software,
security for that hardware and software, and related consulting or other
professional services.
(a) (b) "Information and communications
telecommunications technology project" means the development or
acquisition of information and communications technology devices and systems,
but does not include the state information infrastructure or its contractors.
(b) "Data processing device or system" means
equipment or computer programs, including computer hardware, firmware, software,
and communication protocols, used in connection with the processing of
information through electronic data processing means, and includes data
communication devices used in connection with computer facilities for the
transmission of data. an effort to acquire or produce information and
telecommunications technology systems and services.
(c) "Telecommunications" means voice, video, and
data electronic transmissions transported by wire, wireless, fiber-optic, radio,
or other available transport technology.
(d) "Cyber security" means the protection of data
and systems in networks connected to the Internet.
(c) (e) "State agency" means an agency in
the executive branch of state government and includes the Minnesota Higher
Education Services Office, but does not include the Minnesota State Colleges
and Universities unless specifically provided elsewhere in this chapter.
Sec. 10. Minnesota Statutes 2004, section 16E.03, subdivision
2, is amended to read:
Subd. 2. [COMMISSIONER'S CHIEF INFORMATION OFFICER
RESPONSIBILITY.] The commissioner chief information officer shall
coordinate the state's information and communications telecommunications
technology systems and services to serve the needs of the state
government. The commissioner chief information officer shall:
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(1) coordinate the design
of a master plan for information and communications telecommunications
technology systems and services in the state and its political
subdivisions and shall report on the plan to the governor and legislature at
the beginning of each regular session;
(2) coordinate, review, and approve
all information and communications telecommunications technology plans
and contracts projects and oversee the state's information and communications
telecommunications technology systems and services;
(3) establish and enforce compliance
with standards for information and communications telecommunications
technology systems and services that encourage competition are
cost-effective and support open systems environments and that are
compatible with state, national, and international standards; and
(4) maintain a library of systems and
programs developed by the state and its political subdivisions for use by
agencies of government;
(5) direct and manage the shared
operations of the state's information and telecommunications technology systems
and services; and
(6) establish and enforce standards and
ensure acquisition of hardware and software necessary to protect data and
systems in state agency networks connected to the Internet.
Sec. 11. Minnesota Statutes 2004, section
16E.03, subdivision 3, is amended to read:
Subd. 3. [EVALUATION AND APPROVAL.] A
state agency may not undertake an information and communications telecommunications
technology project until it has been evaluated according to the procedures
developed under subdivision 4. The governor or governor's designee chief
information officer shall give written approval of the proposed project. If
the proposed project is not approved When notified by the chief
information officer that a project has not been approved, the commissioner
of finance shall cancel the unencumbered balance of any appropriation allotted
for the project. This subdivision does not apply to acquisitions or
development of information and communications systems that have anticipated
total cost of less than $100,000. The Minnesota State Colleges and Universities
shall submit for approval any project related to acquisitions or development of
information and communications systems that has a total anticipated cost of
more than $250,000.
Sec. 12. Minnesota Statutes 2004, section
16E.03, subdivision 7, is amended to read:
Subd. 7. [DATA CYBER
SECURITY SYSTEMS.] In consultation with the attorney general and appropriate
agency heads, the commissioner chief information officer shall
develop data cyber security policies, guidelines, and standards,
and the commissioner of administration shall install and administer
state data security systems on the state's centralized computer facility
facilities consistent with these policies, guidelines, standards, and
state law to ensure the integrity of computer-based and other data and to
ensure applicable limitations on access to data, consistent with the public's
right to know as defined in chapter 13. The chief information officer is
responsible for overall security of state agency networks connected to the
Internet. Each department or agency head is responsible for the security of
the department's or agency's data within the guidelines of established
enterprise policy.
Sec. 13. Minnesota Statutes 2004, section
16E.04, is amended to read:
16E.04 [INFORMATION AND COMMUNICATIONS
TELECOMMUNICATIONS TECHNOLOGY POLICY.]
Subdivision 1. [DEVELOPMENT.] The office
shall coordinate with state agencies in developing and establishing develop,
establish, and enforce policies and standards for state agencies to follow
in developing and purchasing information and communications telecommunications
technology systems and services and training
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appropriate persons
in their use. The office shall develop, promote, and coordinate manage
state technology, architecture, standards and guidelines, information needs
analysis techniques, contracts for the purchase of equipment and services, and
training of state agency personnel on these issues.
Subd. 2. [RESPONSIBILITIES.] (a) In
addition to other activities prescribed by law, the office shall carry out the
duties set out in this subdivision.
(b) The office shall develop and establish
a state information architecture to ensure that further state agency
development and purchase of information and communications systems, equipment,
and services is designed to ensure that individual agency information systems
complement and do not needlessly duplicate or conflict with the systems of
other agencies. When state agencies have need for the same or similar public
data, the commissioner chief information officer, in coordination
with the affected agencies, shall promote manage the most
efficient and cost-effective method of producing and storing data for or
sharing data between those agencies. The development of this information
architecture must include the establishment of standards and guidelines to be
followed by state agencies. The office shall ensure compliance with the
architecture.
(c) The office shall assist state agencies
in the planning and management of information systems so that an individual
information system reflects and supports the state agency's mission and the
state's requirements and functions. The office shall review and approve
agency technology plans to ensure consistency with enterprise information and
telecommunications technology strategy.
(d) The office shall review and approve
agency requests for legislative appropriations funding for the
development or purchase of information systems equipment or software before
the requests may be included in the governor's budget.
(e) The office shall review major
purchases of information systems equipment to:
(1) ensure that the equipment follows the
standards and guidelines of the state information architecture;
(2) ensure that the equipment is
consistent with the information management principles adopted by the
Information Policy Council;
(3) evaluate whether the agency's
proposed purchase reflects a cost-effective policy regarding volume purchasing;
and
(4) (3) ensure that the
equipment is consistent with other systems in other state agencies so that data
can be shared among agencies, unless the office determines that the agency
purchasing the equipment has special needs justifying the inconsistency.
(f) The office shall review the operation
of information systems by state agencies and provide advice and assistance
to ensure that these systems are operated efficiently and securely
and continually meet the standards and guidelines established by the office. The
standards and guidelines must emphasize uniformity that is cost-effective
for the enterprise, that encourages information interchange, open systems
environments, and portability of information whenever practicable and
consistent with an agency's authority and chapter 13.
(g) The office shall conduct a
comprehensive review at least every three years of the information systems
investments that have been made by state agencies and higher education
institutions. The review must include recommendations on any information
systems applications that could be provided in a more cost-beneficial manner by
an outside source. The office must report the results of its review to the
legislature and the governor.
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Day - Monday, May 23, 2005 - Top of Page 4859
Subd. 3. [RISK ASSESSMENT AND
MITIGATION.] (a) A risk assessment and risk mitigation plan are required for an
all information systems development project estimated to cost more
than $1,000,000 that is projects undertaken by a state agency in the
executive or judicial branch or by a constitutional officer. The commissioner
of administration chief information officer must contract with an
entity outside of state government to conduct the initial assessment and
prepare the mitigation plan for a project estimated to cost more than
$5,000,000. The outside entity conducting the risk assessment and preparing the
mitigation plan must not have any other direct or indirect financial interest
in the project. The risk assessment and risk mitigation plan must provide for
periodic monitoring by the commissioner until the project is completed.
(b) The risk assessment and risk
mitigation plan must be paid for with money appropriated for the information systems
development and telecommunications technology project. The chief
information officer must notify the commissioner of finance when work has begun
on a project and must identify the proposed budget for the project. The commissioner
of finance shall ensure that no more than ten percent of the amount
anticipated to proposed budget be spent on the project, other than
the money spent on the risk assessment and risk mitigation plan, may be is
spent until the risk assessment and mitigation plan are reported to the commissioner
of administration chief information officer and the commissioner
chief information officer has approved the risk mitigation plan.
Sec. 14. Minnesota Statutes 2004, section
16E.0465, subdivision 1, is amended to read:
Subdivision 1. [APPLICATION.] This section
applies to an appropriation of more than $1,000,000 of state or federal funds
to a state agency for any information and communications telecommunications
technology project or data processing device or system or for any phase
of such a project, device, or system. For purposes of this section, an
appropriation of state or federal funds to a state agency includes an
appropriation:
(1) to the Minnesota State Colleges and
Universities;
(2) to a constitutional officer;
(3) (2) for a project that
includes both a state agency and units of local government; and
(4) (3) to a state agency
for grants to be made to other entities.
Sec. 15. Minnesota Statutes 2004, section
16E.0465, subdivision 2, is amended to read:
Subd. 2. [REQUIRED REVIEW AND APPROVAL.]
(a) A state agency receiving an appropriation for an information and communications
telecommunications technology project or data processing device or
system subject to this section must divide the project into phases.
(b) The commissioner of finance may not
authorize the encumbrance or expenditure of an appropriation of state funds to
a state agency for any phase of a project, device, or system subject to this
section unless the Office of Enterprise Technology has reviewed each
phase of the project, device, or system, and based on this review, the commissioner
of administration chief information officer has determined for each
phase that:
(1) the project is compatible with the
state information architecture and other policies and standards established by
the commissioner of administration chief information officer; and
(2) the agency is able to accomplish the
goals of the phase of the project with the funds appropriated; and
(3) the project supports the enterprise
information technology strategy.
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Day - Monday, May 23, 2005 - Top of Page 4860
Sec. 16. Minnesota Statutes
2004, section 16E.055, is amended to read:
16E.055 [COMMON WEB FORMAT ELECTRONIC
GOVERNMENT SERVICES.]
A state agency that implements electronic
government services for fees, licenses, sales, or other purposes must use a
common Web page format approved by the commissioner of administration for those
electronic government services. The commissioner may create a the
single entry site created by the chief information officer for all
agencies to use for electronic government services.
Sec. 17. Minnesota Statutes 2004, section
16E.07, subdivision 8, is amended to read:
Subd. 8. [SECURE TRANSACTION SYSTEM.] The
office shall plan and develop a secure transaction system to support delivery
of government services electronically. A state agency that implements
electronic government services for fees, licenses, sales, or other purposes
must use the secure transaction system developed in accordance with this
section.
Sec. 18. [16E.14] [ENTERPRISE TECHNOLOGY
REVOLVING FUND.]
Subdivision 1. [CREATION.] The
enterprise technology revolving fund is created in the state treasury.
Subd. 2. [APPROPRIATION AND USES OF
FUND.] Money in the enterprise technology revolving fund is appropriated
annually to the chief information officer to operate information and
telecommunications services, including management, consultation, and design
services.
Subd. 3. [REIMBURSEMENTS.] Except
as specifically provided otherwise by law, each agency shall reimburse the
enterprise technology revolving fund for the cost of all services, supplies,
materials, labor, and depreciation of equipment, including reasonable overhead
costs, which the chief information officer is authorized and directed to
furnish an agency. The chief information officer shall report the rates to be
charged for the revolving fund no later than July 1 each year to the chair of
the committee or division in the senate and house of representatives with
primary jurisdiction over the budget of the Office of Enterprise Technology.
Subd. 4. [CASH FLOW.] The
commissioner of finance shall make appropriate transfers to the revolving fund
when requested by the chief information officer. The chief information officer
may make allotments and encumbrances in anticipation of such transfers. In
addition, the chief information officer, with the approval of the commissioner
of finance, may require an agency to make advance payments to the revolving
fund sufficient to cover the office's estimated obligation for a period of at
least 60 days. All reimbursements and other money received by the chief
information officer under this section must be deposited in the enterprise
technology revolving fund.
Subd. 5. [LIQUIDATION.] If the
enterprise technology revolving fund is abolished or liquidated, the total net
profit from the operation of the fund must be distributed to the various funds
from which purchases were made. The amount to be distributed to each fund must
bear to the net profit the same ratio as the total purchases from each fund
bears to the total purchases from all the funds during the same period of time.
Sec. 19. Minnesota Statutes 2004, section
299C.65, subdivision 1, is amended to read:
Subdivision 1. [MEMBERSHIP, DUTIES.] (a)
The Criminal and Juvenile Justice Information Policy Group consists of the
commissioner of corrections, the commissioner of public safety, the commissioner
of administration state chief information officer, the commissioner
of finance, and four members of the judicial branch appointed by the chief
justice of the Supreme Court. The policy group may appoint additional,
nonvoting members as necessary from time to time.
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(b) The commissioner of public
safety is designated as the chair of the policy group. The commissioner and the
policy group have overall responsibility for the successful completion of
statewide criminal justice information system integration (CriMNet). The policy
group may hire a program manager to manage the CriMNet projects and to be
responsible for the day-to-day operations of CriMNet. The policy group must
ensure that generally accepted project management techniques are utilized for
each CriMNet project, including:
(1) clear sponsorship;
(2) scope management;
(3) project planning, control, and execution;
(4) continuous risk assessment and mitigation;
(5) cost management;
(6) quality management reviews;
(7) communications management; and
(8) proven methodology.
(c) Products and services for CriMNet project management,
system design, implementation, and application hosting must be acquired using
an appropriate procurement process, which includes:
(1) a determination of required products and services;
(2) a request for proposal development and identification of
potential sources;
(3) competitive bid solicitation, evaluation, and selection;
and
(4) contract administration and close-out.
(d) The policy group shall study and make recommendations to
the governor, the Supreme Court, and the legislature on:
(1) a framework for integrated criminal justice information
systems, including the development and maintenance of a community data model
for state, county, and local criminal justice information;
(2) the responsibilities of each entity within the criminal and
juvenile justice systems concerning the collection, maintenance, dissemination,
and sharing of criminal justice information with one another;
(3) actions necessary to ensure that information maintained in
the criminal justice information systems is accurate and up-to-date;
(4) the development of an information system containing
criminal justice information on gross misdemeanor-level and felony-level
juvenile offenders that is part of the integrated criminal justice information
system framework;
(5) the development of an information system containing
criminal justice information on misdemeanor arrests, prosecutions, and
convictions that is part of the integrated criminal justice information system
framework;
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Day - Monday, May 23, 2005 - Top of Page 4862
(6) comprehensive training
programs and requirements for all individuals in criminal justice agencies to
ensure the quality and accuracy of information in those systems;
(7) continuing education requirements for
individuals in criminal justice agencies who are responsible for the
collection, maintenance, dissemination, and sharing of criminal justice data;
(8) a periodic audit process to ensure the
quality and accuracy of information contained in the criminal justice
information systems;
(9) the equipment, training, and funding
needs of the state and local agencies that participate in the criminal justice
information systems;
(10) the impact of integrated criminal
justice information systems on individual privacy rights;
(11) the impact of proposed legislation on
the criminal justice system, including any fiscal impact, need for training,
changes in information systems, and changes in processes;
(12) the collection of data on race and
ethnicity in criminal justice information systems;
(13) the development of a tracking system
for domestic abuse orders for protection;
(14) processes for expungement, correction
of inaccurate records, destruction of records, and other matters relating to
the privacy interests of individuals; and
(15) the development of a database for
extended jurisdiction juvenile records and whether the records should be public
or private and how long they should be retained.
Sec. 20. Minnesota Statutes 2004, section
299C.65, subdivision 2, is amended to read:
Subd. 2. [REPORT, TASK FORCE.] (a) The
policy group shall file an annual report with the governor, Supreme Court, and
chairs and ranking minority members of the senate and house committees and
divisions with jurisdiction over criminal justice funding and policy by
December 1 of each year.
(b) The report must make recommendations
concerning any legislative changes or appropriations that are needed to ensure
that the criminal justice information systems operate accurately and
efficiently. To assist them in developing their recommendations, the policy
group shall appoint a task force consisting of its members or their designees
and the following additional members:
(1) the director of the Office of
Strategic and Long-Range Planning;
(2) two sheriffs recommended by the
Minnesota Sheriffs Association;
(3) two police chiefs recommended by the
Minnesota Chiefs of Police Association;
(4) two county attorneys recommended by
the Minnesota County Attorneys Association;
(5) two city attorneys recommended by the
Minnesota League of Cities;
(6) two public defenders appointed by the
Board of Public Defense;
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(7) two district judges
appointed by the Conference of Chief Judges, one of whom is currently assigned
to the juvenile court;
(8) two community corrections
administrators recommended by the Minnesota Association of Counties, one of
whom represents a community corrections act county;
(9) two probation officers;
(10) four public members, one of whom has
been a victim of crime, and two who are representatives of the private business
community who have expertise in integrated information systems;
(11) two court administrators;
(12) one member of the house of representatives
appointed by the speaker of the house;
(13) one member of the senate appointed by
the majority leader;
(14) the attorney general or a designee;
(15) the commissioner of administration
state chief information officer or a designee;
(16) an individual recommended by the
Minnesota League of Cities; and
(17) an individual recommended by the
Minnesota Association of Counties.
In making
these appointments, the appointing authority shall select members with
expertise in integrated data systems or best practices.
(c) The commissioner of public safety may
appoint additional, nonvoting members to the task force as necessary from time
to time.
Sec. 21. Minnesota Statutes 2004, section
403.36, subdivision 1, is amended to read:
Subdivision 1. [MEMBERSHIP.] (a) The
commissioner of public safety shall convene and chair the Statewide Radio Board
to develop a project plan for a statewide, shared, trunked public safety radio
communication system. The system may be referred to as "Allied Radio
Matrix for Emergency Response," or "ARMER."
(b) The board consists of the following
members or their designees:
(1) the commissioner of public safety;
(2) the commissioner of transportation;
(3) the commissioner of administration
state chief information officer;
(4) the commissioner of natural resources;
(5) the chief of the Minnesota State
Patrol;
(6) the commissioner of health;
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(7) the commissioner of finance;
(8) two elected city officials, one from
the nine-county metropolitan area and one from Greater Minnesota, appointed by
the governing body of the League of Minnesota Cities;
(9) two elected county officials, one from
the nine-county metropolitan area and one from Greater Minnesota, appointed by
the governing body of the Association of Minnesota Counties;
(10) two sheriffs, one from the
nine-county metropolitan area and one from Greater Minnesota, appointed by the
governing body of the Minnesota Sheriffs' Association;
(11) two chiefs of police, one from the
nine-county metropolitan area and one from Greater Minnesota, appointed by the
governor after considering recommendations made by the Minnesota Chiefs' of
Police Association;
(12) two fire chiefs, one from the
nine-county metropolitan area and one from Greater Minnesota, appointed by the
governor after considering recommendations made by the Minnesota Fire Chiefs'
Association;
(13) two representatives of emergency
medical service providers, one from the nine-county metropolitan area and one
from Greater Minnesota, appointed by the governor after considering
recommendations made by the Minnesota Ambulance Association;
(14) the chair of the Metropolitan Radio
Board; and
(15) a representative of Greater Minnesota
elected by those units of government in phase three and any subsequent phase of
development as defined in the statewide, shared radio and communication plan,
who have submitted a plan to the Statewide Radio Board and where development
has been initiated.
(c) The Statewide Radio Board shall
coordinate the appointment of board members representing Greater Minnesota with
the appointing authorities and may designate the geographic region or regions
from which an appointed board member is selected where necessary to provide
representation from throughout the state.
Sec. 22. [TRANSFER OF DUTIES.]
Responsibilities of the commissioner of
administration for state telecommunications systems, state information
infrastructure, and electronic conduct of state business under Minnesota
Statutes, sections 16B.405; 16B.44; 16B.46; 16B.465; 16B.466; and 16B.467, are
transferred to the Office of Enterprise Technology. All positions in the Office
of Technology and the Intertechnologies Group are transferred to the Office of
Enterprise Technology. Minnesota Statutes, section 15.039, applies to the
transfer of responsibilities in this section.
Sec. 23. [REVISOR INSTRUCTION.]
In the next and subsequent editions of
Minnesota Statutes, the revisor of statutes shall:
(1) substitute the term "chief
information officer" for "commissioner" and "commissioner
of administration" in the following sections: 16B.405; 16B.44; 16B.46;
16B.465; 16B.466; 16B.467; 16E.03, subdivisions 4, 5, 6, and 8; 16E.035; and
16E.07, subdivision 4;
(2) substitute the term "Office of
Enterprise Technology" for the term "Office of Technology"; and
(3) recodify the following sections
into chapter 16E: 16B.405; 16B.44; 16B.46; 16B.465; 16B.466; and 16B.467.
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Sec. 24. [REPEALER.]
Minnesota Statutes 2004, sections 16B.48, subdivision 3; and
16E.0465, subdivision 3, are repealed.
ARTICLE 6
ELECTIONS AND CAMPAIGN
FINANCE
Section 1. Minnesota Statutes 2004, section 10A.01, subdivision
5, is amended to read:
Subd. 5. [ASSOCIATED BUSINESS.] "Associated business"
means an association, corporation, partnership, limited liability company,
limited liability partnership, or other organized legal entity from which
the individual receives compensation in excess of $50, except for actual and
reasonable expenses, in any month as a director, officer, owner, member,
partner, employer or employee, or whose securities the individual holds worth
$2,500 or more at fair market value.
Sec. 2. Minnesota Statutes 2004, section 10A.01, subdivision
26, is amended to read:
Subd. 26. [NONCAMPAIGN DISBURSEMENT.] "Noncampaign
disbursement" means a purchase or payment of money or anything of value
made, or an advance of credit incurred, or a donation in kind received, by a
principal campaign committee for any of the following purposes:
(1) payment for accounting and legal services;
(2) return of a contribution to the source;
(3) repayment of a loan made to the principal campaign
committee by that committee;
(4) return of a public subsidy;
(5) payment for food, beverages, entertainment, and facility
rental for a fund-raising event;
(6) services for a constituent by a member of the legislature
or a constitutional officer in the executive branch, including the costs of preparing
and distributing a suggestion or idea solicitation to constituents,
performed from the beginning of the term of office to adjournment sine die of
the legislature in the election year for the office held, and half the cost of
services for a constituent by a member of the legislature or a constitutional
officer in the executive branch performed from adjournment sine die to 60 days
after adjournment sine die;
(7) payment for food and beverages provided to campaign consumed
by a candidate or volunteers while they are engaged in campaign activities;
(8) payment for food or a beverage consumed while attending
a reception or meeting directly related to legislative duties;
(9) payment of expenses incurred by elected or appointed
leaders of a legislative caucus in carrying out their leadership
responsibilities;
(9) (10) payment by a principal campaign
committee of the candidate's expenses for serving in public office, other than
for personal uses;
(10) (11) costs of child care for the candidate's
children when campaigning;
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(11) (12) fees
paid to attend a campaign school;
(12) (13) costs of a
postelection party during the election year when a candidate's name will no
longer appear on a ballot or the general election is concluded, whichever
occurs first;
(13) (14) interest on loans
paid by a principal campaign committee on outstanding loans;
(14) (15) filing fees;
(15) (16) post-general
election thank-you notes or advertisements in the news media;
(16) (17) the cost of
campaign material purchased to replace defective campaign material, if the
defective material is destroyed without being used;
(17) (18) contributions to a
party unit; and
(18) (19) payments for funeral
gifts or memorials; and
(20) other purchases or payments
specified in board rules or advisory opinions as being for any purpose other
than to influence the nomination or election of a candidate or to promote or
defeat a ballot question.
The board must determine whether an
activity involves a noncampaign disbursement within the meaning of this
subdivision.
A noncampaign disbursement is considered
to be made in the year in which the candidate made the purchase of goods or
services or incurred an obligation to pay for goods or services.
Sec. 3. Minnesota Statutes 2004, section
10A.025, is amended by adding a subdivision to read:
Subd. 1a. [ELECTRONIC FILING.] A
report or statement required to be filed under this chapter may be filed
electronically. The board shall adopt rules to regulate electronic filing and
to ensure that the electronic filing process is secure.
Sec. 4. Minnesota Statutes 2004, section
10A.071, subdivision 3, is amended to read:
Subd. 3. [EXCEPTIONS.] (a) The
prohibitions in this section do not apply if the gift is:
(1) a contribution as defined in section
10A.01, subdivision 11;
(2) services to assist an official in the
performance of official duties, including but not limited to providing advice,
consultation, information, and communication in connection with legislation,
and services to constituents;
(3) services of insignificant monetary
value;
(4) a plaque or similar memento
recognizing individual services in a field of specialty or to a charitable
cause;
(5) a trinket or memento of insignificant
value costing $5 or less;
(6) informational material of
unexceptional value; or
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(7) food or a beverage given at
a reception, meal, or meeting away from the recipient's place of work by an
organization before whom the recipient appears to make a speech or answer
questions as part of a program.
(b) The prohibitions in this section do not apply if the gift
is given:
(1) because of the recipient's membership in a group, a
majority of whose members are not officials, and an equivalent gift is given to
the other members of the group; or
(2) by a lobbyist or principal who is a member of the family of
the recipient, unless the gift is given on behalf of someone who is not a
member of that family.
Sec. 5. Minnesota Statutes 2004, section 10A.08, is amended to
read:
10A.08 [REPRESENTATION DISCLOSURE.]
A public official who represents a client for a fee before an
individual, board, commission, or agency that has rulemaking authority in a
hearing conducted under chapter 14, must disclose the official's participation
in the action to the board within 14 days after the appearance. The board must
send a notice by certified mail to any public official who fails to disclose
the participation within 14 days after the appearance. If the public official
fails to disclose the participation within ten business days after the notice
was sent, the board may impose a late filing fee of $5 per day, not to exceed
$100, starting on the 11th day after the notice was sent. The board must
send an additional notice by certified mail to a public official who fails to disclose
the participation within 14 days after the first notice was sent by the board
that the public official may be subject to a civil penalty for failure to
disclose the participation. A public official who fails to disclose the
participation within seven days after the second notice was sent by the board
is subject to a civil penalty imposed by the board of up to $1,000.
Sec. 6. Minnesota Statutes 2004, section 10A.20, subdivision 5,
is amended to read:
Subd. 5. [PREELECTION REPORTS.] In a statewide election any
loan, contribution, or contributions from any one source totaling $2,000 or
more, or in any judicial district or legislative election totaling more than
$400, received between the last day covered in the last report before an
election and the election must be reported to the board in one of the following
ways:
(1) in person within 48 hours after its receipt;
(2) by telegram or mailgram within 48 hours after its receipt; or
(3) by certified mail sent within 48 hours after its receipt;
or
(4) by electronic means sent within 48 hours after its
receipt.
These loans and contributions must also be reported in the next
required report.
The 48-hour notice requirement does not apply with respect to a
primary in which the statewide or legislative candidate is unopposed.
Sec. 7. Minnesota Statutes 2004, section 10A.27, subdivision 1,
is amended to read:
Subdivision 1. [CONTRIBUTION LIMITS.] (a) Except as provided in
subdivision 2, a candidate must not permit the candidate's principal campaign
committee to accept aggregate contributions made or delivered by any
individual, political committee, or political fund in excess of the following:
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(1) to candidates for governor
and lieutenant governor running together, $2,000 in an election year for the
office sought and $500 in other years;
(2) to a candidate for attorney general,
$1,000 in an election year for the office sought and $200 in other years;
(3) to a candidate for the office of
secretary of state or state auditor, $500 in an election year for the office
sought and $100 in other years;
(4) to a candidate for state senator, $500
in an election year for the office sought and $100 in other years; and
(5) to a candidate for state
representative, $500 in an election year for the office sought and $100 in the
other year.
(b) The following deliveries are not
subject to the bundling limitation in this subdivision:
(1) delivery of contributions collected by
a member of the candidate's principal campaign committee, such as a block
worker or a volunteer who hosts a fund-raising event, to the committee's
treasurer; and
(2) a delivery made by an individual on
behalf of the individual's spouse.
(c) A lobbyist, political committee,
political party unit, or political fund must not make a contribution a
candidate is prohibited from accepting.
Sec. 8. Minnesota Statutes 2004, section
10A.28, subdivision 2, is amended to read:
Subd. 2. [EXCEEDING CONTRIBUTION LIMITS.] A
political committee, political fund, or principal campaign committee that makes
a contribution, or a candidate who permits the candidate's principal campaign
committee to accept contributions, in excess of the limits imposed by section
10A.27 is subject to a civil penalty of up to four times the amount by which
the contribution exceeded the limits. The following are subject to a
civil penalty of up to four times the amount by which a contribution exceeds
the applicable limits:
(1) a lobbyist, political committee, or
political fund that makes a contribution in excess of the limits imposed by
section 10A.27, subdivisions 1 and 8;
(2) a principal campaign committee that
makes a contribution in excess of the limits imposed by section 10A.27,
subdivision 2;
(3) a political party unit that makes a
contribution in excess of the limits imposed by section 10A.27, subdivisions 2
and 8; or
(4) a candidate who permits the
candidate's principal campaign committee to accept contributions in excess of
the limits imposed by section 10A.27.
Sec. 9. Minnesota Statutes 2004, section
10A.31, subdivision 4, is amended to read:
Subd. 4. [APPROPRIATION.] (a) The amounts
designated by individuals for the state elections campaign fund, less three
percent, are appropriated from the general fund, must be transferred and
credited to the appropriate account in the state elections campaign fund, and
are annually appropriated for distribution as set forth in subdivisions 5, 5a,
6, and 7. The remaining three percent must be kept in the general fund for
administrative costs.
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(b) In addition to the amounts
in paragraph (a), $1,500,000 $1,250,000 for each general election
is appropriated from the general fund for transfer to the general account of
the state elections campaign fund.
Of this appropriation, $65,000 each fiscal year must be set
aside to pay assessments made by the Office of Administrative Hearings under
section 211B.37. Amounts remaining after all assessments have been paid must be
canceled to the general account.
Sec. 10. Minnesota Statutes 2004, section 10A.31, subdivision
5, is amended to read:
Subd. 5. [ALLOCATION.] (a) [GENERAL ACCOUNT.] In each calendar
year the money in the general account must be allocated to candidates as follows:
(1) 21 percent for the offices of governor and lieutenant
governor together;
(2) 4.2 percent for the office of attorney general;
(3) 2.4 percent each for the offices of secretary of state and
state auditor;
(4) in each calendar year during the period in which state
senators serve a four-year term, 23-1/3 percent for the office of state
senator, and 46-2/3 percent for the office of state representative; and
(5) in each calendar year during the period in which state
senators serve a two-year term, 35 percent each for the offices of state
senator and state representative.
(b) [PARTY ACCOUNT.] In each calendar year the money in each
party account must be allocated as follows:
(1) 14 percent for the offices of governor and lieutenant
governor together;
(2) 2.8 percent for the office of attorney general;
(3) 1.6 percent each for the offices of secretary of state and
state auditor;
(4) in each calendar year during the period in which state
senators serve a four-year term, 23-1/3 percent for the office of state
senator, and 46-2/3 percent for the office of state representative;
(5) in each calendar year during the period in which state
senators serve a two-year term, 35 percent each for the offices of state
senator and state representative; and
(6) ten percent or $50,000, whichever is less, for the
state committee of a political party; one-third of any amount in excess of
that allocated to the state committee of a political party under this clause
must be allocated to the office of state senator and two-thirds must be
allocated to the office of state representative under clause (4).
Money allocated to each state committee under clause (6) must
be deposited in a separate account and must be spent for only those items
enumerated in section 10A.275. Money allocated to a state committee under
clause (6) must be paid to the committee by the board as it is received in the
account on a monthly basis, with payment on the 15th day of the calendar month
following the month in which the returns were processed by the Department of
Revenue, provided that these distributions would be equal to 90 percent of the
amount of money indicated in the Department of Revenue's weekly unedited
reports of income tax returns and property tax refund returns processed in the
month, as notified by the Department of Revenue to the board. The amounts paid
to each state committee are subject to biennial adjustment and settlement at
the time of each certification required of the commissioner of revenue under subdivisions
7 and 10. If the total amount of payments received by a state committee for the
period
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reflected on a
certification by the Department of Revenue is different from the amount that
should have been received during the period according to the certification,
each subsequent monthly payment must be increased or decreased to the fullest
extent possible until the amount of the overpayment is recovered or the
underpayment is distributed.
Sec. 11. Minnesota Statutes 2004, section 200.02, subdivision
7, is amended to read:
Subd. 7. [MAJOR POLITICAL PARTY.] (a) "Major political
party" means a political party that maintains a party organization in the
state, political division or precinct in question and that has presented at
least one candidate for election to the office of:
(1) governor and lieutenant governor, secretary of state, state
auditor, or attorney general at the last preceding state general election for
those offices; or
(2) presidential elector or U.S. senator at the last preceding
state general election for presidential electors; and
whose candidate received votes in each county in that election
and received votes from not less than five percent of the total number of
individuals who voted in that election.
(b) "Major political party" also means a political
party that maintains a party organization in the state, political subdivision,
or precinct in question and that has presented at least 45 candidates for
election to the office of state representative, 23 candidates for election to
the office of state senator, four candidates for election to the office of
representative in Congress, and one candidate for election to each of the
following offices: governor and lieutenant governor, attorney general,
secretary of state, and state auditor, at the last preceding state general
election for those offices.
(c) "Major political party" also means a
political party that maintains a party organization in the state, political
subdivision, or precinct in question and whose members present to the secretary
of state at any time before the close of filing for the state partisan
primary ballot a petition for a place on the state partisan primary ballot,
which petition contains signatures of a number of the party members equal to at
least five percent of the total number of individuals who voted in the preceding
state general election.
(c) (d) A political party whose candidate
receives a sufficient number of votes at a state general election described in
paragraph (a) or a political party that presents candidates at an election
as required by paragraph (b) becomes a major political party as of January
1 following that election and retains its major party status notwithstanding
that for at least two state general elections even if the party
fails to present a candidate who receives the number and percentage of votes
required under paragraph (a) or fails to present candidates as required by
paragraph (b) at the following subsequent state general election
elections.
(d) (e) A major political party whose candidates
fail to receive the number and percentage of votes required under paragraph (a)
and that fails to present candidates as required by paragraph (b) at either
each of two consecutive state general election elections
described by paragraph (a) or (b), respectively, loses major party
status as of December 31 following the most recent later of the two
consecutive state general election elections.
Sec. 12. Minnesota Statutes 2004, section 200.02, subdivision
23, is amended to read:
Subd. 23. [MINOR POLITICAL PARTY.] (a) "Minor political
party" means a political party that is not a major political party as
defined by subdivision 7 and that has adopted a state constitution,
designated a state party chair, held a state convention in the last two years,
filed with the secretary of state no later than December 31 following the most
recent state general election a certification that the party has met the
foregoing requirements, and met the requirements of paragraph (b) or (e), as
applicable.
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(b) To be considered a minor
party in all elections statewide, the political party must have presented at
least one candidate for election to the office of:
(1) governor and lieutenant governor,
secretary of state, state auditor, or attorney general, at the last preceding
state general election for those offices; or
(2) presidential elector or U.S. senator
at the preceding state general election for presidential electors; and
who received votes in each county that in
the aggregate equal at least one percent of the total number of individuals who
voted in the election, or its members must have presented to the secretary of
state at any time before the close of filing for the state partisan primary
ballot a nominating petition in a form prescribed by the secretary of state
containing the signatures of party members in a number equal to at least one
percent of the total number of individuals who voted in the preceding state
general election.
(c) A political party whose candidate
receives a sufficient number of votes at a state general election described in
paragraph (b) becomes a minor political party as of January 1 following that
election and retains its minor party status notwithstanding that for
at least two state general elections even if the party fails to present a
candidate who receives the number and percentage of votes required under
paragraph (b) at the following subsequent state general election
elections.
(d) A minor political party whose candidates
fail to receive the number and percentage of votes required under paragraph (b)
at either each of two consecutive state general election elections
described by paragraph (b) loses minor party status as of December 31 following
the most recent later of the two consecutive state general election
elections.
(e) A minor party that qualifies to be
a major party loses its status as a minor party at the time it becomes a major
party. Votes received by the candidates of a major party must be counted in determining
whether the party received sufficient votes to qualify as a minor party,
notwithstanding that the party does not receive sufficient votes to retain its
major party status. To be considered a minor party in an election in a
legislative district, the political party must have presented at least one
candidate for a legislative office in that district who received votes from at
least ten percent of the total number of individuals who voted for that office,
or its members must have presented to the secretary of state a nominating
petition in a form prescribed by the secretary of state containing the
signatures of party members in a number equal to at least ten percent of the
total number of individuals who voted in the preceding state general election for
that legislative office.
Sec. 13. Minnesota Statutes 2004, section
200.02, is amended by adding a subdivision to read:
Subd. 24. [METROPOLITAN AREA.] "Metropolitan
area" means the counties of Anoka, Carver, Chisago, Dakota, Hennepin,
Isanti, Ramsey, Scott, Sherburne, Washington, and Wright.
Sec. 14. Minnesota Statutes 2004, section
201.014, subdivision 2, is amended to read:
Subd. 2. [NOT ELIGIBLE.] The following
individuals are not eligible to vote. Any individual:
(a) Convicted of treason or any felony
whose civil rights have not been restored;
(b) Under a guardianship of the person
in which the court order provides that the ward does not retain revokes
the ward's right to vote; or
(c) Found by a court of law to be legally
incompetent.
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Sec. 15. Minnesota Statutes
2004, section 201.061, subdivision 3, is amended to read:
Subd. 3. [ELECTION DAY REGISTRATION.] (a)
An individual who is eligible to vote may register on election day by appearing
in person at the polling place for the precinct in which the individual
maintains residence, by completing a registration application, making an oath
in the form prescribed by the secretary of state and providing proof of
residence. An individual may prove residence for purposes of registering by:
(1) presenting a driver's license or
Minnesota identification card issued pursuant to section 171.07;
(2) presenting any document approved by
the secretary of state as proper identification;
(3) presenting one of the following:
(i) a current valid student identification
card from a postsecondary educational institution in Minnesota, if a list of
students from that institution has been prepared under section 135A.17 and
certified to the county auditor in the manner provided in rules of the
secretary of state; or
(ii) a current student fee statement that
contains the student's valid address in the precinct together with a picture
identification card; or
(4) having a voter who is registered to
vote in the precinct, or who is an employee employed by and working in a
residential facility in the precinct and vouching for a resident in the
facility, sign an oath in the presence of the election judge vouching that
the voter or employee personally knows that the individual is a resident
of the precinct. A voter who has been vouched for on election day may not sign
a proof of residence oath vouching for any other individual on that election
day. A voter who is registered to vote in the precinct may sign up to 15
proof-of-residence oaths on any election day. This limitation does not apply to
an employee of a residential facility described in this clause. The secretary
of state shall provide a form for election judges to use in recording the
number of individuals for whom a voter signs proof-of-residence oaths on
election day. The form must include space for the maximum number of individuals
for whom a voter may sign proof-of-residence oaths. For each proof-of-residence
oath, the form must include a statement that the voter is registered to vote in
the precinct, personally knows that the individual is a resident of the
precinct, and is making the statement on oath. The form must include a space
for the voter's printed name, signature, telephone number, and address.
The oath required by this subdivision
and Minnesota Rules, part 8200.9939, must be attached to the voter registration
application and the information on the oath must be recorded on the records of
both the voter registering on election day and the voter who is vouching for
the person's residence, and entered into the statewide voter registration system
by the county auditor when the voter registration application is entered into
that system.
(b) The operator of a residential
facility shall prepare a list of the names of its employees currently working
in the residential facility and the address of the residential facility. The
operator shall certify the list and provide it to the appropriate county
auditor no less than 20 days before each election for use in election day
registration.
(c) "Residential facility"
means transitional housing as defined in section 119A.43, subdivision 1; a
supervised living facility licensed by the commissioner of health under section
144.50, subdivision 6; a nursing home as defined in section 144A.01,
subdivision 5; a residence registered with the commissioner of health as a
housing with services establishment as defined in section 144D.01, subdivision
4; a veterans home operated by the board of directors of the Minnesota Veterans
Homes under chapter 198; a residence licensed by the commissioner of human
services to provide a residential program as defined in section 245A.02,
subdivision 14; a residential facility for persons with a developmental
disability licensed by the commissioner of human services under section 252.28;
group residential housing as defined in section 256I.03, subdivision 3; a
shelter for battered women as defined in section 611A.37, subdivision 4; or a
supervised publicly or privately operated shelter or dwelling designed to
provide temporary living accommodations for the homeless.
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(d) For tribal band
members living on an Indian reservation, an individual may prove
residence for purposes of registering by presenting an identification card
issued by the tribal government of a tribe recognized by the Bureau of Indian
Affairs, United States Department of the Interior, that contains the name, street
address, signature, and picture of the individual. The county auditor of
each county having territory within the reservation shall maintain a record of
the number of election day registrations accepted under this section.
(e) A county, school district, or municipality may require
that an election judge responsible for election day registration initial each
completed registration application.
Sec. 16. Minnesota Statutes 2004, section 201.071, subdivision
1, is amended to read:
Subdivision 1. [FORM.] A voter registration application must be
of suitable size and weight for mailing and contain spaces for the following
required information: voter's first name, middle name, and last name; voter's
previous name, if any; voter's current address; voter's previous address, if any;
voter's date of birth; voter's municipality and county of residence; voter's
telephone number, if provided by the voter; date of registration; current and
valid Minnesota driver's license number or Minnesota state identification
number, or if the voter has no current and valid Minnesota driver's license or
Minnesota state identification, the last four digits of the voter's Social
Security number; and voter's signature. The registration application may
include the voter's e-mail address, if provided by the voter, and the voter's
interest in serving as an election judge, if indicated by the voter. The
application must also contain the following certification of voter eligibility:
"I certify that I:
(1) will be at least 18 years old on election day;
(2) am a citizen of the United States;
(3) will have resided in Minnesota for 20 days immediately
preceding election day;
(4) maintain residence at the address given on the registration
form;
(5) am not under court-ordered guardianship of the person
where I have not retained the in which the court order revokes my
right to vote;
(6) have not been found by a court to be legally incompetent to
vote;
(7) have not the right to vote because, if I have
been convicted of a felony without having my civil rights restored,
my felony sentence has expired (been completed) or I have been discharged from
my sentence; and
(8) have read and understand the following statement: that
giving false information is a felony punishable by not more than five years
imprisonment or a fine of not more than $10,000, or both."
The certification must include boxes for the voter to respond
to the following questions:
"(1) Are you a citizen of the United States?" and
"(2) Will you be 18 years old on or before election
day?"
And the instruction:
"If you checked 'no' to either of these questions, do not
complete this form."
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The form of the voter
registration application and the certification of voter eligibility must be as
provided in this subdivision and approved by the secretary of state. Voter
registration forms authorized by the National Voter Registration Act may
must also be accepted as valid. The federal postcard application form
must also be accepted as valid if it is not deficient and the voter is eligible
to register in Minnesota.
An individual may use a voter registration application to apply
to register to vote in Minnesota or to change information on an existing
registration.
Sec. 17. Minnesota Statutes 2004, section 201.091, subdivision
4, is amended to read:
Subd. 4. [PUBLIC INFORMATION LISTS.] The county auditor shall
make available for inspection a public information list which must contain the
name, address, year of birth, and voting history of each registered voter in
the county. The telephone number must be included on the list if provided by
the voter. The public information list may also include information on voting
districts. The county auditor may adopt reasonable rules governing access to
the list. No individual inspecting the public information list shall tamper
with or alter it in any manner. No individual who inspects the public
information list or who acquires a list of registered voters prepared from the
public information list may use any information contained in the list for
purposes unrelated to elections, political activities, or law enforcement. The
secretary of state may provide copies of the public information lists and other
information from the statewide registration system for uses related to
elections, political activities, or in response to a law enforcement inquiry
from a public official concerning a failure to comply with any criminal statute
or any state or local tax statute.
Before inspecting the public information list or obtaining a
list of voters or other information from the list, the individual shall provide
identification to the public official having custody of the public information
list and shall state in writing that any information obtained from the list
will not be used for purposes unrelated to elections, political activities, or
law enforcement. Requests to examine or obtain information from the public
information lists or the statewide registration system must be made and
processed in the manner provided in the rules of the secretary of state.
Upon receipt of a written request and a copy of the court
order statement signed by the voter that withholding the voter's name
from the public information list is required for the safety of the voter or the
voter's family, the secretary of state and county auditor must
withhold from the public information list the name of any a
registered voter placed under court-ordered protection.
Sec. 18. Minnesota Statutes 2004, section 201.091, subdivision
5, is amended to read:
Subd. 5. [COPY OF LIST TO REGISTERED VOTER.] The county
auditors and the secretary of state shall provide copies of the public
information lists in electronic or other media to any voter registered in
Minnesota within ten days of receiving a written or electronic request
accompanied by payment of the cost of reproduction. The county auditors and the
secretary of state shall make a copy of the list available for public
inspection without cost. An individual who inspects or acquires a copy of a
public information list may not use any information contained in it for
purposes unrelated to elections, political activities, or law enforcement.
Sec. 19. Minnesota Statutes 2004, section 201.15, is amended to
read:
201.15 [DISTRICT JUDGE, REPORT GUARDIANSHIPS AND COMMITMENTS.]
Subdivision 1. [GUARDIANSHIPS AND INCOMPETENTS.] Pursuant to
the Help America Vote Act of 2002, Public Law 107-252, the state court
administrator shall report monthly by electronic means to the secretary of
state the name, address, and date of birth of each individual 18 years of age
or over, who during the month preceding the date of the report:
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(a) was placed under a
guardianship of the person in which the court order provides that the
ward does not retain revokes the ward's right to vote; or
(b) was adjudged legally incompetent.
The court administrator shall also report the same information
for each individual transferred to the jurisdiction of the court who meets a
condition specified in clause (a) or (b). The secretary of state shall
determine if any of the persons in the report is registered to vote and shall
prepare a list of those registrants for the county auditor. The county auditor
shall change the status on the record in the statewide registration system of
any individual named in the report to indicate that the individual is not
eligible to reregister or vote.
Subd. 2. [RESTORATION TO CAPACITY GUARDIANSHIP
TERMINATION OR MODIFICATION.] Pursuant to the Help America Vote Act of
2002, Public Law 107-252, the state court administrator shall report monthly by
electronic means to the secretary of state the name, address, and date of birth
of each individual transferred from whose guardianship to
conservatorship or who is restored to capacity by the court was modified
to restore the ward's right to vote or whose guardianship was terminated by
order of the court under section 524.5-317 after being ineligible to vote
for any of the reasons specified in subdivision 1. The secretary of state shall
determine if any of the persons in the report is registered to vote and shall
prepare a list of those registrants for the county auditor. The county auditor
shall change the status on the voter's record in the statewide registration
system to "active."
Sec. 20. Minnesota Statutes 2004, section 203B.01, subdivision
3, is amended to read:
Subd. 3. [MILITARY.] "Military" means the Army, Navy,
Air Force, Marine Corps, Coast Guard or Merchant Marine of the United States,
and all other uniformed services as defined in United States Code, title 42,
section 1973ff-6.
Sec. 21. Minnesota Statutes 2004, section 203B.04, subdivision
1, is amended to read:
Subdivision 1. [APPLICATION PROCEDURES.] Except as otherwise
allowed by subdivision 2, an application for absentee ballots for any election
may be submitted at any time not less than one day before the day of that
election. The county auditor shall prepare absentee ballot application forms in
the format provided in the rules of by the secretary of state,
notwithstanding rules on absentee ballot forms, and shall furnish them to
any person on request. By January 1 of each even-numbered year, the
secretary of state shall make the forms to be used available to auditors
through electronic means. An application submitted pursuant to this
subdivision shall be in writing and shall be submitted to:
(a) the county auditor of the county where the applicant
maintains residence; or
(b) the municipal clerk of the municipality, or school district
if applicable, where the applicant maintains residence.
An application shall be approved if it is timely received,
signed and dated by the applicant, contains the applicant's name and residence
and mailing addresses, and states that the applicant is eligible to vote by
absentee ballot for one of the reasons specified in section 203B.02. The
application may contain a request for the voter's date of birth, which must not
be made available for public inspection. An application may be submitted to the
county auditor or municipal clerk by an electronic facsimile device. An
application mailed or returned in person to the county auditor or municipal
clerk on behalf of a voter by a person other than the voter must be deposited
in the mail or returned in person to the county auditor or municipal clerk
within ten days after it has been dated by the voter and no later than six days
before the election. The absentee ballot applications or a list of persons
applying for an absentee allot may not be made available for public inspection
until the close of voting on election day.
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An application under this
subdivision may contain an application under subdivision 5 to automatically
receive an absentee ballot application.
Sec. 22. Minnesota Statutes 2004, section
203B.04, subdivision 4, is amended to read:
Subd. 4. [REGISTRATION AT TIME OF
APPLICATION.] An eligible voter who is not registered to vote but who is
otherwise eligible to vote by absentee ballot may register by including a
completed voter registration card with the absentee ballot. The individual
shall present proof of residence as required by section 201.061, subdivision 3,
to the individual who witnesses the marking of the absentee ballots. A
military voter, as defined in section 203B.01, may register in this manner if
voting pursuant to sections 203B.04 to 203B.15, or may register pursuant to
sections 203B.16 to 203B.27.
Sec. 23. Minnesota Statutes 2004, section
203B.04, is amended by adding a subdivision to read:
Subd. 6. [ONGOING ABSENTEE STATUS;
TERMINATION.] (a) An eligible voter may apply to a county auditor or
municipal clerk for status as an ongoing absentee voter who reasonably expects
to meet the requirements of section 203B.02, subdivision 1. Each applicant must
automatically be provided with an absentee ballot application for each ensuing
election other than an election by mail conducted under section 204B.45, and
must have the status of ongoing absentee voter indicated on the voter's
registration record.
(b) Ongoing absentee voter status ends
on:
(1) the voter's written request;
(2) the voter's death;
(3) return of an ongoing absentee
ballot as undeliverable;
(4) a change in the voter's status so
that the voter is not eligible to vote under section 201.15 or 201.155; or
(5) placement of the voter's
registration on inactive status under section 201.171.
Sec. 24. Minnesota Statutes 2004, section
203B.07, subdivision 2, is amended to read:
Subd. 2. [DESIGN OF ENVELOPES.] The return
envelope shall be of sufficient size to conveniently enclose and contain the
ballot envelope and a voter registration card folded along its perforations.
The return envelope shall be designed to open on the left-hand end.
Notwithstanding any rule to the contrary, the return envelope must be designed
in one of the following ways:
(1) it must be of sufficient size to
contain an additional envelope that when sealed, conceals the signature,
identification, and other information; or
(2) it must provide an additional flap
that when sealed, conceals the signature, identification, and other
information. Election officials may open the flap or the additional envelope at
any time after receiving the returned ballot to inspect the returned
certificate for completeness or to ascertain other information. A
certificate of eligibility to vote by absentee ballot shall be printed on the right
hand three-fourths of the back of the envelope. The certificate shall
contain a statement to be signed and sworn by the voter indicating that the
voter meets all of the requirements established by law for voting by absentee
ballot. The certificate shall also contain a statement signed by a person who
is registered to vote in Minnesota or by a notary public or other individual
authorized to administer oaths stating that:
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(a) the ballots were displayed
to that individual unmarked;
(b) the voter marked the ballots in that individual's
presence without showing how they were marked, or, if the voter was physically
unable to mark them, that the voter directed another individual to mark them;
and
(c) if the voter was not previously
registered, the voter has provided proof of residence as required by section
201.061, subdivision 3.
The county auditor or municipal clerk
shall affix first class postage to the return envelopes.
Sec. 25. Minnesota Statutes 2004, section
203B.11, subdivision 1, is amended to read:
Subdivision 1. [GENERALLY.] Each full-time
municipal clerk or school district clerk who has authority under section
203B.05 to administer absentee voting laws shall designate election judges to
deliver absentee ballots in accordance with this section. The county auditor may
must also designate election judges to perform the duties in this
section. A ballot may be delivered only to an eligible voter who is a temporary
or permanent resident or patient in a health care facility or hospital located
in the municipality in which the voter maintains residence. The ballots shall
be delivered by two election judges, each of whom is affiliated with a
different major political party. When the election judges deliver or return
ballots as provided in this section, they shall travel together in the same
vehicle. Both election judges shall be present when an applicant completes the
certificate of eligibility and marks the absentee ballots, and may assist an
applicant as provided in section 204C.15. The election judges shall deposit the
return envelopes containing the marked absentee ballots in a sealed container
and return them to the clerk on the same day that they are delivered and
marked.
Sec. 26. Minnesota Statutes 2004, section
203B.12, subdivision 2, is amended to read:
Subd. 2. [EXAMINATION OF RETURN
ENVELOPES.] Two or more election judges shall examine each return envelope and
shall mark it accepted or rejected in the manner provided in this subdivision.
If a ballot has been prepared under section 204B.12, subdivision 2a, or
204B.41, the election judges shall not begin removing ballot envelopes from the
return envelopes until 8:00 p.m. on election day, either in the polling place
or at an absentee ballot board established under section 203B.13.
The election judges shall mark the return
envelope "Accepted" and initial or sign the return envelope below the
word "Accepted" if the election judges or a majority of them are
satisfied that:
(1) the voter's name and address on the
return envelope are the same as the information provided on the absentee ballot
application;
(2) the voter's signature on the return
envelope is the genuine signature of the individual who made the application
for ballots and the certificate has been completed as prescribed in the
directions for casting an absentee ballot, except that if a person other
than the voter applied for the absentee ballot under applicable Minnesota
Rules, the signature is not required to match;
(3) the voter is registered and eligible
to vote in the precinct or has included a properly completed voter registration
application in the return envelope; and
(4) the voter has not already voted at
that election, either in person or by absentee ballot.
There is no other reason for rejecting
an absentee ballot. In particular, failure to place the envelope within the
security envelope before placing it in the outer white envelope is not a reason
to reject an absentee ballot.
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The return envelope from
accepted ballots must be preserved and returned to the county auditor.
If all or a majority of the election
judges examining return envelopes find that an absent voter has failed to meet
one of the requirements prescribed in clauses (1) to (4), they shall mark the
return envelope "Rejected," initial or sign it below the word
"Rejected," and return it to the county auditor.
Sec. 27. Minnesota Statutes 2004, section
203B.20, is amended to read:
203B.20 [CHALLENGES.]
Except as provided in this section, the
eligibility or residence of a voter whose application for absentee ballots is
recorded under section 203B.19 may be challenged in the manner set forth by
section 201.195. The county auditor or municipal clerk shall not be required to
serve a copy of the petition and notice of hearing on the challenged voter.
If the absentee ballot application was submitted on behalf of a voter by an
individual authorized under section 203B.17, subdivision 1, paragraph (a), the
county auditor must attempt to notify the individual who submitted the
application of the challenge. The county auditor may contact other registered
voters to request information that may resolve any discrepancies appearing in
the application. All reasonable doubt shall be resolved in favor of the
validity of the application. If the voter's challenge is affirmed, the county
auditor shall provide the challenged voter with a copy of the petition and the
decision and shall inform the voter of the right to appeal as provided in
section 201.195.
Sec. 28. Minnesota Statutes 2004, section
203B.21, subdivision 1, is amended to read:
Subdivision 1. [FORM.] Absentee ballots
under sections 203B.16 to 203B.27 shall conform to the requirements of the
Minnesota Election Law, except that modifications in the size or form of
ballots or envelopes may be made if necessary to satisfy the requirements of
the United States postal service. The return envelope must be designed in
one of the following ways:
(1) it must be of sufficient size to
contain an additional envelope that when sealed, conceals the signature,
identification, and other information; or
(2) it must provide an additional flap
that when sealed, conceals the signature, identification, and other
information.
The flap or
the additional envelope must be perforated to permit election officials to
inspect the returned certificate for completeness or to ascertain other
information at any time after receiving the returned ballot without opening the
return envelope.
Sec. 29. Minnesota Statutes 2004, section
203B.21, subdivision 3, is amended to read:
Subd. 3. [BACK OF RETURN ENVELOPE.] On the
back of the return envelope an affidavit form shall appear with space for:
(a) The voter's address of present or
former residence in Minnesota;
(b) A statement indicating the category
described in section 203B.16 to which the voter belongs;
(c) A statement that the voter has not
cast and will not cast another absentee ballot in the same election or
elections;
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(d) A statement that the voter
personally marked the ballots without showing them to anyone, or if physically
unable to mark them, that the voter directed another individual to mark them;
and
(e) The voter's military identification
card number, passport number, or, if the voter does not have a valid passport
or identification card, the signature and certification of an individual
authorized to administer oaths under federal law or the law of the place
where the oath was administered or a commissioned or noncommissioned
officer personnel of the military not below the rank of sergeant
or its equivalent.
The affidavit shall also contain a
signed and dated oath in the form required by section 705 of the Help America
Vote Act, Public Law 107-252, which must read:
"I swear or affirm, under penalty
of perjury, that:
I am a member of the uniformed services
or merchant marine on active duty or an eligible spouse or dependent of such a
member; a United States citizen temporarily residing outside the United States;
or other United States citizen residing outside the United States; and I am a
United States citizen, at least 18 years of age (or will be by the date of the
election), and I am eligible to vote in the requested jurisdiction; I have not
been convicted of a felony, or other disqualifying offense, or been adjudicated
mentally incompetent, or, if so, my voting rights have been reinstated; and I
am not registering, requesting a ballot, or voting in any other jurisdiction in
the United States except the jurisdiction cited in this voting form. In voting,
I have marked and sealed my ballot in private and have not allowed any person
to observe the marking of the ballot, except for those authorized to assist
voters under state or federal law. I have not been influenced.
My signature and date below indicate
when I completed this document.
The information on this form is true,
accurate, and complete to the best of my knowledge. I understand that a
material misstatement of fact in completion of this document may constitute
grounds for a conviction for perjury."
Sec. 30. Minnesota Statutes 2004, section
203B.24, subdivision 1, is amended to read:
Subdivision 1. [CHECK OF VOTER
ELIGIBILITY; PROPER EXECUTION OF AFFIDAVIT.] Upon receipt of an absentee ballot
returned as provided in sections 203B.16 to 203B.27, the election judges shall
compare the voter's name with the names appearing on their copy of the
application records to insure that the ballot is from a voter eligible to cast
an absentee ballot under sections 203B.16 to 203B.27. Any discrepancy or
disqualifying fact shall be noted on the envelope by the election judges. The
election judges shall mark the return envelope "Accepted" and initial
or sign the return envelope below the word "Accepted" if the election
judges are satisfied that:
(1) the voter's name on the return
envelope appears in substantially the same form as on the application records
provided to the election judges by the county auditor;
(2) the voter has signed the federal
oath prescribed pursuant to section 705(b)(2) of the Help America Vote Act,
Public Law 107-252;
(3) the voter has set forth the voter's
military identification number or passport number or, if those numbers do not
appear, a person authorized to administer oaths under federal law or the law of
the place where the oath was administered or a witness who is military
personnel with a rank at or above the rank of sergeant or its equivalent has
signed the ballot; and
(4) the voter has not already voted at
that election, either in person or by absentee ballot.
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An absentee ballot case
pursuant to sections 203B.16 to 203B.27 may only be rejected for the lack of
one of clauses (1) to (4). In particular, failure to place the envelope within
the security envelope before placing it in the outer white envelope is not a reason
to reject an absentee ballot.
Election judges must note the reason
for rejection on the back of the envelope in the space provided for that
purpose.
Failure to return unused ballots shall not
invalidate a marked ballot, but a ballot shall not be counted if the affidavit
on the return envelope is not properly executed. In all other respects the
provisions of the Minnesota Election Law governing deposit and counting of
ballots shall apply.
Sec. 31. Minnesota Statutes 2004, section
204B.06, subdivision 1, is amended to read:
Subdivision 1. [FORM OF AFFIDAVIT.] (a)
An affidavit of candidacy shall state the name of the office sought and,
except as provided in subdivision 4, shall state that the candidate:
(1) is an eligible voter;
(2) has no other affidavit on file as a
candidate for any office at the same primary or next ensuing general election,
except that a candidate for soil and water conservation district supervisor in
a district not located in whole or in part in Anoka, Hennepin, Ramsey, or
Washington County, may also have on file an affidavit of candidacy for mayor or
council member of a statutory or home rule charter city of not more than 2,500
population contained in whole or in part in the soil and water conservation
district or for town supervisor in a town of not more than 2,500 population
contained in whole or in part in the soil and water conservation district; and
(3) is, or will be on assuming the office,
21 years of age or more, and will have maintained residence in the district
from which the candidate seeks election for 30 days before the general
election.
An affidavit of candidacy must include a
statement that the candidate's name as written on the affidavit for ballot
designation is the candidate's true name or the name by which the candidate is
commonly and generally known in the community.
An affidavit of candidacy for partisan
office shall also state the name of the candidate's political party or
political principle, stated in three words or less.
(b) Candidates for president or
vice-president of the United States are not required to file an affidavit of
candidacy for office and this subdivision does not apply to those candidates.
Sec. 32. Minnesota Statutes 2004, section
204B.06, subdivision 4, is amended to read:
Subd. 4. [PARTICULAR FEDERAL
OFFICES.] Candidates for president or vice-president of the United States
are not required to file an affidavit of candidacy for office. Candidates
who seek nomination for the following offices office of United States
senator or representative shall state the following additional
information on the affidavit:
(a) (1) for United States
senator, that the candidate will be an inhabitant of this state when elected
and will be 30 years of age or older and a citizen of the United States for
not less than nine years on the next January 3 or, in the case of an election
to fill a vacancy, within 21 days after the special election; and
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(b) (2) for United
States representative, that the candidate will be an inhabitant of this
state when elected and will be 25 years of age or older and a citizen of
the United States for not less than seven years on the next January 3 or, in
the case of an election to fill a vacancy, within 21 days after the special
election;.
Subd. 4a. [STATE AND LOCAL
OFFICES.] Candidates who seek nomination for the following offices shall
state the following additional information on the affidavit:
(c) (1) for governor or
lieutenant governor, that on the first Monday of the next January the candidate
will be 25 years of age or older and, on the day of the state general election,
a resident of Minnesota for not less than one year;
(d) (2) for Supreme Court
justice, Court of Appeals judge, or district court judge, that the candidate is
learned in the law;
(e) (3) for county,
municipal, school district, or special district office, that the candidate
meets any other qualifications for that office prescribed by law;
(f) (4) for senator or
representative in the legislature, that on the day of the general or special
election to fill the office the candidate will have resided not less than one
year in the state and not less than six months in the legislative district from
which the candidate seeks election.
Sec. 33. Minnesota Statutes 2004, section
204B.10, subdivision 6, is amended to read:
Subd. 6. [INELIGIBLE VOTER.] Upon receipt
of a certified copy of a final judgment or order of a court of competent
jurisdiction that a person who has filed an affidavit of candidacy or who has
been nominated by petition:
(1) has been convicted of treason or a
felony and the person's civil rights have not been restored;
(2) is under guardianship of the person
in which the court order revokes the ward's right to vote; or
(3) has been found by a court of law to be
legally incompetent;
the filing
officer shall notify the person by certified mail at the address shown on the
affidavit or petition, and, for offices other than President of the United
States, Vice President of the United States, United States Senator, and United
States Representative in Congress, shall not certify the person's name to
be placed on the ballot. The actions of a filing officer under this subdivision
are subject to judicial review under section 204B.44.
Sec. 34. Minnesota Statutes 2004, section
204B.14, subdivision 2, is amended to read:
Subd. 2. [SEPARATE PRECINCTS; COMBINED
POLLING PLACE.] (a) The following shall constitute at least one election
precinct:
(1) each city ward; and
(2) each town and each statutory city.
(b) A single, accessible, combined polling
place may be established no later than June 1 of any year:
(1) for any city of the third or fourth
class, any town, or any city having territory in more than one county, in which
all the voters of the city or town shall cast their ballots;
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(2) for two contiguous precincts
in the same municipality that have a combined total of fewer than 500
registered voters; or
(3) for up to four contiguous municipalities
located entirely outside the metropolitan area, as defined by section 473.121,
subdivision 2 200.02, subdivision 24, that are contained in the same
county.
A copy of the ordinance or resolution
establishing a combined polling place must be filed with the county auditor
within 30 days after approval by the governing body. A polling place combined
under clause (3) must be approved by the governing body of each participating
municipality. A municipality withdrawing from participation in a combined
polling place must do so by filing a resolution of withdrawal with the county
auditor no later than May 1 of any year.
The secretary of state shall provide a
separate polling place roster for each precinct served by the combined polling
place. A single set of election judges may be appointed to serve at a combined
polling place. The number of election judges required must be based on the
total number of persons voting at the last similar election in all precincts to
be voting at the combined polling place. Separate ballot boxes must be provided
for the ballots from each precinct. The results of the election must be
reported separately for each precinct served by the combined polling place,
except in a polling place established under clause (2) where one of the
precincts has fewer than ten registered voters, in which case the results of
that precinct must be reported in the manner specified by the secretary of
state.
Sec. 35. Minnesota Statutes 2004, section
204B.16, subdivision 1, is amended to read:
Subdivision 1. [AUTHORITY; LOCATION.] The
governing body of each municipality and of each county with precincts in
unorganized territory shall designate by ordinance or resolution a polling
place for each election precinct. Polling places must be designated and ballots
must be distributed so that no one is required to go to more than one polling
place to vote in a school district and municipal election held on the same day.
The polling place for a precinct in a city or in a school district located in whole
or in part in the metropolitan area defined by section 473.121 200.02,
subdivision 24, shall be located within the boundaries of the precinct or
within 3,000 feet of one of those boundaries unless a single polling place is
designated for a city pursuant to section 204B.14, subdivision 2, or a school
district pursuant to section 205A.11. The polling place for a precinct in
unorganized territory may be located outside the precinct at a place which is
convenient to the voters of the precinct. If no suitable place is available
within a town or within a school district located outside the metropolitan area
defined by section 473.121 200.02, subdivision 24, then the
polling place for a town or school district may be located outside the town or
school district within five miles of one of the boundaries of the town or
school district.
Sec. 36. Minnesota Statutes 2004, section
204B.16, subdivision 5, is amended to read:
Subd. 5. [ACCESS BY ELDERLY AND HANDICAPPED
PERSONS WITH DISABILITIES.] Each polling place shall be accessible to
and usable by elderly individuals and physically handicapped
individuals with disabilities. A polling place is deemed to be
accessible and usable if it complies with the standards in paragraphs (a) to
(f).
(a) At least one set of doors must have a
minimum width of 31 32 inches if the doors must be used to enter
or leave the polling place.
(b) Any curb adjacent to the main entrance
to a polling place must have curb cuts or temporary ramps. Where the main
entrance is not the accessible entrance, any curb adjacent to the accessible
entrance must also have curb cuts or temporary ramps.
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(c) Where the main entrance is
not the accessible entrance, a sign shall be posted at the main entrance giving
directions to the accessible entrance.
(d) At least one set of stairs must have a
temporary handrail and ramp if stairs must be used to enter or leave the
polling place.
(e) No barrier in the polling place may
impede the path of the physically handicapped persons with
disabilities to the voting booth.
(f) At least one handicapped
parking space for persons with disabilities, which may be temporarily so
designated by the municipality for the day of the election, must be available
near the accessible entrance.
The doorway, handrails, ramps, and
handicapped parking provided pursuant to this subdivision must conform to the
standards specified in the State Building Code for accessibility by handicapped
persons with disabilities.
A governing body shall designate as
polling places only those places which meet the standards prescribed in this
subdivision unless no available place within a precinct is accessible or can be
made accessible.
Sec. 37. Minnesota Statutes 2004, section
204B.18, subdivision 1, is amended to read:
Subdivision 1. [BOOTHS; VOTING STATIONS.]
Each polling place must contain a number of voting booths or voting stations
in proportion to the number of individuals eligible to vote in the precinct.
Each booth or station must be at least six feet high, three feet deep
and two feet wide with a shelf at least two feet long and one foot wide placed
at a convenient height for writing. The booth or station shall be
provided with a door or curtains permit the voter to vote privately and
independently. Each accessible polling place must have at least one
accessible voting booth or other accessible voting station and beginning
with federal and state elections held after December 31, 2005, and county,
municipal, and school district elections held after December 31, 2007, one
voting system that conforms to section 301(a)(3)(B) of the Help America Vote
Act, Public Law 107-252. All booths or stations must be constructed so that
a voter is free from observation while marking ballots. In all other polling
places every effort must be made to provide at least one accessible voting
booth or other accessible voting station. During the hours of voting, the
booths or stations must have instructions, a pencil, and other supplies needed
to mark the ballots. If needed, A chair must be provided for elderly and
handicapped voters and voters with disabilities to use while voting or
waiting to vote. Stable flat writing surfaces must also be made available to
voters who are completing election-related forms. All ballot boxes, voting
booths, voting stations, and election judges must be in open public view in the
polling place.
Sec. 38. Minnesota Statutes 2004, section
204B.24, is amended to read:
204B.24 [ELECTION JUDGES; OATH.]
Each election judge shall sign the
following oath before assuming the duties of the office:
"I .......... solemnly swear that I
will perform the duties of election judge according to law and the best of my
ability and will diligently endeavor to prevent fraud, deceit and abuse in
conducting this election. I will perform my duties in a fair and impartial
manner and not attempt to create an advantage for my party or for any
candidate."
The oath shall be attached to the summary
statement of the election returns of that precinct. If there is no individual
present who is authorized to administer oaths, the election judges may
administer the oath to each other.
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Sec. 39. Minnesota Statutes
2004, section 204B.27, subdivision 1, is amended to read:
Subdivision 1. [BLANK FORMS.] At least 25
14 days before every state election the secretary of state shall
transmit to each county auditor a sufficient number of blank county abstract
forms and other examples of any blank forms to be used as the
secretary of state deems necessary for the conduct of the election. County
abstract forms may be provided to auditors electronically via the Minnesota
State Election Reporting System maintained by the secretary of state, and must
be available at least one week prior to the election.
Sec. 40. Minnesota Statutes 2004, section
204C.05, subdivision 1a, is amended to read:
Subd. 1a. [ELECTIONS; ORGANIZED TOWN.] The
governing body of a town with less than 500 inhabitants according to the most
recent federal decennial census, which is located outside the metropolitan area
as defined in section 473.121 200.02, subdivision 2 24,
may fix a later time for voting to begin at state primary, special, or general
elections, if approved by a vote of the town electors at the annual town
meeting. The question of shorter voting hours must be included in the notice of
the annual town meeting before the question may be submitted to the electors at
the meeting. The later time may not be later than 10:00 a.m. for special,
primary, or general elections. The town clerk shall either post or publish
notice of the changed hours and notify the county auditor of the change 30 days
before the election.
Sec. 41. Minnesota Statutes 2004, section
204C.06, subdivision 2, is amended to read:
Subd. 2. [INDIVIDUALS ALLOWED IN POLLING
PLACE; IDENTIFICATION.] (a) Representatives of the secretary of state's
office, the county auditor's office, and the municipal or school district
clerk's office may be present at the polling place to observe election
procedures. Except for these representatives, election judges,
sergeants-at-arms, and challengers, an individual may remain inside the polling
place during voting hours only while voting or registering to vote, providing
proof of residence for an individual who is registering to vote, or assisting a
handicapped voter or a voter who is unable to read English. During voting hours
no one except individuals receiving, marking, or depositing ballots shall
approach within six feet of a voting booth, unless lawfully authorized to do so
by an election judge.
(b) Teachers and elementary or secondary
school students participating in an educational activity authorized by section
204B.27, subdivision 7, may be present at the polling place during voting
hours.
(c) Each official on duty in the
polling place must wear an identification badge that shows their role in the
election process. The badge must not show their party affiliation.
Sec. 42. Minnesota Statutes 2004, section
204C.07, is amended by adding a subdivision to read:
Subd. 3a. [RESIDENCE REQUIREMENT.] A
challenger must be a resident of this state.
Sec. 43. Minnesota Statutes 2004, section
204C.07, subdivision 4, is amended to read:
Subd. 4. [RESTRICTIONS ON CONDUCT.] An
election judge may not be appointed as a challenger. The election judges
shall permit challengers appointed pursuant to this section to be present in
the polling place during the hours of voting and to remain there until the
votes are counted and the results declared. No challenger shall handle or
inspect registration cards, files, or lists. Challengers shall not prepare in
any manner any list of individuals who have or have not voted. They shall not
attempt to influence voting in any manner. They shall not converse with a voter
except to determine, in the presence of an election judge, whether the voter is
eligible to vote in the precinct.
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Sec. 44. Minnesota Statutes
2004, section 204C.08, subdivision 1a, is amended to read:
Subd. 1a. [VOTER'S BILL OF RIGHTS.] The
county auditor shall prepare and provide to each polling place sufficient
copies of a poster setting forth the Voter's Bill of Rights as set forth in
this section. Before the hours of voting are scheduled to begin, the election
judges shall post it in a conspicuous location or locations in the polling
place. The Voter's Bill of Rights is as follows:
"VOTER'S BILL OF RIGHTS
For all persons residing in this state who
meet federal voting eligibility requirements:
(1) You have the right to be absent from
work for the purpose of voting during the morning of election day.
(2) If you are in line at your polling
place any time between 7:00 a.m. and 8:00 p.m., you have the right to vote.
(3) If you can provide the required proof
of residence, you have the right to register to vote and to vote on election
day.
(4) If you are unable to sign your name,
you have the right to orally confirm your identity with an election judge and
to direct another person to sign your name for you.
(5) You have the right to request special
assistance when voting.
(6) If you need assistance, you may be
accompanied into the voting booth by a person of your choice, except by an
agent of your employer or union or a candidate.
(7) You have the right to bring your minor
children into the polling place and into the voting booth with you.
(8) If you have been convicted of a felony
but your civil rights have been restored your felony sentence has
expired (been completed) or you have been discharged from your sentence,
you have the right to vote.
(9) If you are under a guardianship,
you have the right to vote, unless the court order revokes your right to vote.
(10) You have the right to vote
without anyone in the polling place trying to influence your vote.
(10) (11) If you make a
mistake or spoil your ballot before it is submitted, you have the right to
receive a replacement ballot and vote.
(11) (12) You have the right
to file a written complaint at your polling place if you are dissatisfied with
the way an election is being run.
(12) (13) You have the right
to take a sample ballot into the voting booth with you.
(13) (14) You have the right
to take a copy of this Voter's Bill of Rights into the voting booth with
you."
Sec. 45. Minnesota Statutes 2004, section
204C.10, is amended to read:
204C.10 [PERMANENT REGISTRATION;
VERIFICATION OF REGISTRATION.]
(a) An individual seeking to vote shall sign a polling place
roster which states that the individual is at least 18 years of age, a citizen of
the United States, has resided in Minnesota for 20 days immediately preceding
the election, maintains residence at the address shown, is not under a
guardianship in which the individual has not retained court order
revokes the individual's right to vote, has not been found by a
court of law to be legally incompetent to vote or
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convicted of a
felony without having civil rights restored, is registered and has not already
voted in the election. The roster must also state: "I understand that
deliberately providing false information is a felony punishable by not more
than five years imprisonment and a fine of not more than $10,000, or
both."
(b) A judge may, before the applicant signs the roster, confirm
the applicant's name, address, and date of birth.
(c) After the applicant signs the roster, the judge shall give
the applicant a voter's receipt. The voter shall deliver the voter's receipt to
the judge in charge of ballots as proof of the voter's right to vote, and
thereupon the judge shall hand to the voter the ballot. The voters' receipts
must be maintained during the time for notice of filing an election contest.
Sec. 46. Minnesota Statutes 2004, section 204C.12, subdivision
2, is amended to read:
Subd. 2. [STATEMENT OF GROUNDS; OATH.] The challenger shall
state the ground for the challenge, and A challenger must be a resident
of this state. The secretary of state shall prepare a form that challengers
must complete and sign when making a challenge. The form must include space to
state the ground for the challenge, a statement that the challenge is based on
the challenger's personal knowledge, and a statement that the challenge is made
under oath. The form must include a space for the challenger's printed name,
signature, telephone number, and address.
An election judge shall administer to the challenged individual
the following oath:
"Do you solemnly swear that you will fully and truly
answer all questions put to you concerning your eligibility to vote at this
election?"
The election judge shall then ask the challenged individual
sufficient questions to test that individual's residence and right to vote.
Sec. 47. Minnesota Statutes 2004, section 204C.24, subdivision
1, is amended to read:
Subdivision 1. [INFORMATION REQUIREMENTS.] Precinct summary
statements shall be submitted by the election judges in every precinct. For state
all elections, the election judges shall complete three or more copies
of the summary statements, and each copy shall contain the following
information for each kind of ballot:
(a) the number of votes each candidate received or the number
of yes and no votes on each question, the number of undervotes or partially
blank ballots, and the number of overvotes or partially defective ballots with
respect to each office or question;
(b) the number of totally blank ballots, the number of totally
defective ballots, the number of spoiled ballots, and the number of unused
ballots;
(c) the number of individuals who voted at the election in the
precinct;
(d) the number of voters registering on election day in that
precinct; and
(e) the signatures of the election judges who counted the
ballots certifying that all of the ballots cast were properly piled, checked,
and counted; and that the numbers entered by the election judges on the summary
statements correctly show the number of votes cast for each candidate and for
and against each question.
At least two copies of the summary statement must be prepared
for elections not held on the same day as the state elections.
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Sec. 48. Minnesota Statutes
2004, section 204C.28, subdivision 1, is amended to read:
Subdivision 1. [COUNTY AUDITOR.] Every
county auditor shall remain at the auditor's office to receive delivery of the
returns, to permit public inspection of the summary statements, and to tabulate
the votes until all have been tabulated and the results made known, or until 24
hours have elapsed since the end of the hours for voting, whichever occurs first.
Every county auditor shall, in the presence of the municipal clerk or the
election judges who deliver the returns, make a record of all materials
delivered, the time of delivery, and the names of the municipal clerk or
election judges who made delivery. The county auditor shall file the record and
all envelopes containing ballots in a safe and secure place with envelope seals
unbroken. Access to the record and ballots shall be strictly controlled.
Accountability and a record of access shall be maintained by the county auditor
during the period for contesting elections or, if a contest is filed, until the
contest has been finally determined. Thereafter, the record shall be retained
in the auditor's office for the same period as the ballots as provided in section
204B.40.
The county auditor shall file all
envelopes containing ballots in a safe place with seals unbroken. If the
envelopes were previously opened by proper authority for examination or
recount, the county auditor shall have the envelopes sealed again and signed by
the individuals who made the inspection or recount. The envelopes may be opened
by the county canvassing board if necessary to procure election returns that
the election judges inadvertently may have sealed in the envelopes with the ballots.
In that case, the envelopes shall be sealed again and signed in the same manner
as otherwise provided in this subdivision.
Sec. 49. Minnesota Statutes 2004, section
204C.50, subdivision 1, is amended to read:
Subdivision 1. [SELECTION FOR REVIEW;
NOTICE.] (a) Postelection review under this section must be conducted only
on the election for president, senator or representative in Congress,
constitutional offices, and legislative offices.
(b) The Office of the Secretary of
State shall, within three days after each state general election beginning in
2006, randomly select 80 precincts for postelection review as defined in this
section. The precincts must be selected so that an equal number of precincts
are selected in each congressional district of the state. Of the precincts in
each congressional district, at least five must have had more than 500 votes
cast, and at least two must have had fewer than 500 votes cast. The secretary
of state must promptly provide notices of which precincts are chosen to the
election administration officials who are responsible for the conduct of
elections in those precincts.
(b) (c) One week before the
state general election beginning in 2006, the secretary of state must post on
the office Web site the date, time, and location at which precincts will be
randomly chosen for review under this section. The chair of each major
political party may appoint a designee to observe the random selection process.
Sec. 50. Minnesota Statutes 2004, section
204C.50, subdivision 2, is amended to read:
Subd. 2. [SCOPE AND CONDUCT OF REVIEW.]
Each review is limited to federal and state offices and must consist of at
least the following:
(a) The election officials immediately
responsible for a precinct chosen for review must conduct the following review
and submit the results in writing to the State Canvassing Board before it meets
to canvass the election:
(1) a hand tally of the paper ballots or
electronic ballot marker record, of whatever kind used in that precinct,
for each contested election;
(2) a recount using the actual machine and
software used on election day, if a precinct-count or central-count automated
voting system was used; and
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(3) a comparison of the hand
tally with the reported results for the precinct in the county canvassing board
report, as well as the actual tape of any automated tabulation produced by any
precinct-count or central-count optical scan equipment that may have been used
to tabulate votes cast in that precinct.
(b) The staff of the Office of the
Secretary of State shall conduct or directly supervise a review of the
procedures used by the election officials at all levels for a precinct chosen
for review, including an inspection of the materials retained for the official
22-month retention period, such as the rosters, the incident log, and the
ballots themselves. The staff must submit a written report to the secretary of
state before the next regularly scheduled meeting of the State Canvassing
Board.
Sec. 51. Minnesota Statutes 2004, section
204D.03, is amended by adding a subdivision to read:
Subd. 3. [EXCEPTION; CERTAIN
PARTISAN CANDIDATES.] (a) If no more than one candidate files for nomination
by a major political party for a partisan office, the candidate who filed must
be declared the nominee upon the close of filing. If every candidate for a partisan
office has been declared the nominee upon the close of filing, the office must
be omitted from the state primary ballot. If all offices, both partisan and
nonpartisan, have been omitted from the state primary ballot in a municipality
or county, the governing body of the municipality or county may decide that the
state primary will not be conducted in that municipality or county.
(b) Within 15 days after the close of
filing, each municipal clerk or county auditor whose governing body has decided
not to conduct the state primary shall post notice that the offices have been
so omitted and the state primary canceled and shall send a copy of the notice
to the secretary of state.
Sec. 52. Minnesota Statutes 2004, section
204D.14, subdivision 3, is amended to read:
Subd. 3. [UNCONTESTED JUDICIAL OFFICES.]
Judicial offices for a specific court for which there is only one
candidate filed must appear after all other judicial offices for that
same court on the canary ballot.
Sec. 53. Minnesota Statutes 2004, section
204D.27, subdivision 5, is amended to read:
Subd. 5. [CANVASS; SPECIAL PRIMARY; STATE
CANVASSING BOARD.] Not later than four days after the returns of the county
canvassing boards are certified to the secretary of state, the State Canvassing
Board shall complete its canvass of the special primary. The secretary of state
shall then promptly certify to the county auditors the names of the nominated
individuals, prepare notices of nomination, and notify each nominee of
the nomination.
Sec. 54. Minnesota Statutes 2004, section
205.175, subdivision 2, is amended to read:
Subd. 2. [METROPOLITAN AREA
MUNICIPALITIES.] The governing body of a municipality which is located within a
metropolitan county as defined by section 473.121 included in the
definition of metropolitan area in section 200.02, subdivision 24, may
designate the time during which the polling places will remain open for voting
at the next succeeding and all subsequent municipal elections, provided that
the polling places shall open no later than 10:00 a.m. and shall close no
earlier than 8:00 p.m. The resolution shall remain in force until it is revoked
by the municipal governing body.
Sec. 55. Minnesota Statutes 2004, section
205A.09, subdivision 1, is amended to read:
Subdivision 1. [METROPOLITAN AREA SCHOOL
DISTRICTS.] At a school district election in a school district located in whole
or in part within a metropolitan county as defined by section 473.121 included
in the definition of metropolitan area in section 200.02, subdivision 24,
the school board, by resolution adopted before giving notice of the election,
may designate the time during which the polling places will remain open for
voting at the next succeeding and all later school district elections. The polling
places must open no later than 10:00 a.m. and close no earlier than 8:00 p.m.
The resolution shall remain in force until it is revoked by the school board.
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Sec. 56. Minnesota Statutes
2004, section 206.57, subdivision 5, is amended to read:
Subd. 5. [VOTING SYSTEM FOR DISABLED
VOTERS.] In federal and state elections held after December 31, 2005, and
in county, municipal, and school district elections held after December 31,
2007, the voting method used in each polling place must include a voting
system that is accessible for individuals with disabilities, including
nonvisual accessibility for the blind and visually impaired in a manner that
provides the same opportunity for access and participation, including privacy
and independence, as for other voters.
Sec. 57. Minnesota Statutes 2004, section
208.03, is amended to read:
208.03 [NOMINATION OF PRESIDENTIAL
ELECTORS.]
Presidential electors for the major
political parties of this state shall be nominated by delegate conventions
called and held under the supervision of the respective state central
committees of the parties of this state. On or before primary election day the
chair of the major political party shall certify to the secretary of state the
names of the persons nominated as presidential electors, the names of eight
alternate presidential electors, and the names of the party candidates for
president and vice-president.
Sec. 58. Minnesota Statutes 2004, section
208.04, subdivision 1, is amended to read:
Subdivision 1. [FORM OF PRESIDENTIAL
BALLOTS.] When presidential electors and alternates are to be voted for,
a vote cast for the party candidates for president and vice-president shall be
deemed a vote for that party's electors and alternates as filed with the
secretary of state. The secretary of state shall certify the names of all duly
nominated presidential and vice-presidential candidates to the county auditors
of the counties of the state. Each county auditor, subject to the rules of the
secretary of state, shall cause the names of the candidates of each major
political party and the candidates nominated by petition to be printed in
capital letters, set in type of the same size and style as for candidates on
the state white ballot, before the party designation. To the left of, and on
the same line with the names of the candidates for president and
vice-president, near the margin, shall be placed a square or box, in which the
voters may indicate their choice by marking an "X."
The form for the presidential ballot and
the relative position of the several candidates shall be determined by the rules
applicable to other state officers. The state ballot, with the required
heading, shall be printed on the same piece of paper and shall be below the
presidential ballot with a blank space between one inch in width.
Sec. 59. Minnesota Statutes 2004, section
208.05, is amended to read:
208.05 [STATE CANVASSING BOARD.]
The State Canvassing Board at its meeting
on the second Tuesday after each state general election shall open and canvass
the returns made to the secretary of state for presidential electors and
alternates, prepare a statement of the number of votes cast for the persons
receiving votes for these offices, and declare the person or persons receiving
the highest number of votes for each office duly elected. When it appears that
more than the number of persons to be elected as presidential electors or
alternates have the highest and an equal number of votes, the secretary of
state, in the presence of the board shall decide by lot which of the persons
shall be declared elected. The governor shall transmit to each person declared
elected a certificate of election, signed by the governor, sealed with the
state seal, and countersigned by the secretary of state.
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Sec. 60. Minnesota Statutes
2004, section 208.06, is amended to read:
208.06 [ELECTORS TO MEET AT CAPITOL; FILLING OF VACANCIES.]
The presidential electors and alternate presidential electors,
before 12:00 M. on the day before that fixed by Congress for the electors to
vote for president and vice-president of the United States, shall notify the
governor that they are at the State Capitol and ready at the proper time to
fulfill their duties as electors. The governor shall deliver to the electors
present a certificate of the names of all the electors. If any elector named
therein fails to appear before 9:00 a.m. on the day, and at the place, fixed
for voting for president and vice-president of the United States, an
alternate, chosen from among the alternates by lot, shall be appointed to act
for that elector. If more than eight alternates are necessary, the electors
present shall, in the presence of the governor, immediately elect by ballot a
person to fill the vacancy. If more than the number of persons required have
the highest and an equal number of votes, the governor, in the presence of the
electors attending, shall decide by lot which of those persons shall be
elected.
Sec. 61. Minnesota Statutes 2004, section 208.07, is amended to
read:
208.07 [CERTIFICATE OF ELECTORS.]
Immediately after the vacancies have been filled, the original
electors and alternates present shall certify to the governor the names
of the persons elected to complete their number, and the governor shall at once
cause written notice to be given to each person elected to fill a vacancy. The
persons so chosen shall be presidential electors and shall meet and act with
the other electors.
Sec. 62. Minnesota Statutes 2004, section 208.08, is amended to
read:
208.08 [ELECTORS TO MEET AT STATE CAPITOL.]
The original, alternate, and substituted presidential
electors, at 12:00 M., shall meet in the executive chamber at the State Capitol
and shall perform all the duties imposed upon them as electors by the
Constitution and laws of the United States and this state.
Each elector, as a condition of having been chosen under the
name of the party of a presidential and a vice-presidential candidate, is
obligated to vote for those candidates. The elector shall speak aloud or affirm
in a nonverbal manner the name of the candidate for president and for
vice-president for whom the elector is voting and then confirm that vote by
written public ballot.
If an elector fails to cast a ballot for the presidential or
vice-presidential candidate of the party under whose name the elector was
chosen, the elector's vote or abstention is invalidated and an alternate
presidential elector, chosen by lot from among the alternates, shall cast a
ballot in the name of the elector for the presidential and vice-presidential
candidate of the party under whose name the elector was chosen. The
invalidation of an elector's vote or abstention on the ballot for president or
vice-president does not apply if the presidential candidate under whose party's
name the elector was chosen has without condition released the elector or has
died or become mentally disabled.
Sec. 63. Minnesota Statutes 2004, section 211B.13, subdivision
1, is amended to read:
Subdivision 1. [BRIBERY, ADVANCING MONEY,
AND TREATING PROHIBITED.] A person who willfully, directly or indirectly,
advances, pays, gives, promises, or lends any money, food, liquor, clothing,
entertainment, or other thing of monetary value, or who offers, promises, or
endeavors to obtain any money, position, appointment, employment, or other
valuable consideration, to or for a person, in order to induce a voter to
refrain from voting, or to vote in a particular way, at an election, is guilty
of a felony. This section does not prevent
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a candidate from
stating publicly preference for or support of another candidate to be voted for
at the same primary or election. Refreshments of food or nonalcoholic beverages
of nominal having a value up to $5 consumed on the
premises at a private gathering or public meeting are not prohibited under this
section.
Sec. 64. Minnesota Statutes 2004, section
383B.151, is amended to read:
383B.151 [FINANCIAL INTEREST FORBIDDEN.]
No official, person authorized to make
purchases, or county employee shall be financially interested, either directly
or indirectly, in any contract or purchase order for any goods, materials,
supplies, equipment or contracted service furnished to or used by any
department, board, commission or agency of the county government. No public
official, person authorized to make purchases, or county employee may accept or
receive, directly or indirectly from any person, firm or corporation to which
any contract or purchase order may be awarded any money or anything of value
whatsoever or any promise, obligation or contract for future reward or
compensation, except as authorized under section 10A.071, subdivision 3, or
471.895, subdivision 3. Any violation of the provisions of this section
shall be a gross misdemeanor.
Sec. 65. Minnesota Statutes 2004, section
447.32, subdivision 4, is amended to read:
Subd. 4. [CANDIDATES; BALLOTS; CERTIFYING
ELECTION.] A person who wants to be a candidate for the hospital board shall
file an affidavit of candidacy for the election either as member at large or as
a member representing the city or town where the candidate resides. The
affidavit of candidacy must be filed with the city or town clerk not more than ten
weeks 70 days nor less than eight weeks 56 days before
the first Tuesday after the second first Monday in September
November of the year in which the general election is held. The city or
town clerk must forward the affidavits of candidacy to the clerk of the
hospital district or, for the first election, the clerk of the most populous
city or town immediately after the last day of the filing period. A candidate
may withdraw from the election by filing an affidavit of withdrawal with the
clerk of the district no later than 5:00 p.m. two days after the last day to
file affidavits of candidacy.
Voting must be by secret ballot. The clerk
shall prepare, at the expense of the district, necessary ballots for the
election of officers. Ballots must be printed on tan paper and prepared as
provided in the rules of the secretary of state. The ballots must be marked and
initialed by at least two judges as official ballots and used exclusively at
the election. Any proposition to be voted on may be printed on the ballot provided
for the election of officers. The hospital board may also authorize the use of
voting systems subject to chapter 206. Enough election judges may be appointed
to receive the votes at each polling place. The election judges shall act as
clerks of election, count the ballots cast, and submit them to the board for
canvass.
After canvassing the election, the board
shall issue a certificate of election to the candidate who received the largest
number of votes cast for each office. The clerk shall deliver the certificate
to the person entitled to it in person or by certified mail. Each person
certified shall file an acceptance and oath of office in writing with the clerk
within 30 days after the date of delivery or mailing of the certificate. The
board may fill any office as provided in subdivision 1 if the person elected
fails to qualify within 30 days, but qualification is effective if made before
the board acts to fill the vacancy.
Sec. 66. Minnesota Statutes 2004, section
471.895, subdivision 3, is amended to read:
Subd. 3. [EXCEPTIONS.] (a) The
prohibitions in this section do not apply if the gift is:
(1) a contribution as defined in section
211A.01, subdivision 5;
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(2) services to assist an
official in the performance of official duties, including but not limited to
providing advice, consultation, information, and communication in connection
with legislation, and services to constituents;
(3) services of insignificant monetary
value;
(4) a plaque or similar memento
recognizing individual services in a field of specialty or to a charitable
cause;
(5) a trinket or memento of
insignificant value costing $5 or less;
(6) informational material of
unexceptional value; or
(7) food or a beverage given at a
reception, meal, or meeting away from the recipient's place of work by an
organization before whom the recipient appears to make a speech or answer
questions as part of a program.
(b) The prohibitions in this section do
not apply if the gift is given:
(1) because of the recipient's membership
in a group, a majority of whose members are not local officials, and an
equivalent gift is given or offered to the other members of the group;
(2) by an interested person who is a
member of the family of the recipient, unless the gift is given on behalf of
someone who is not a member of that family; or
(3) by a national or multistate organization
of governmental organizations or public officials, if a majority of the dues to
the organization are paid from public funds, to attendees at a conference
sponsored by that organization, if the gift is food or a beverage given at a
reception or meal and an equivalent gift is given or offered to all other
attendees.
Sec. 67. Minnesota Statutes 2004, section
524.5-310, is amended to read:
524.5-310 [FINDINGS; ORDER OF
APPOINTMENT.]
(a) The court may appoint a limited or
unlimited guardian for a respondent only if it finds by clear and convincing
evidence that:
(1) the respondent is an incapacitated
person; and
(2) the respondent's identified needs
cannot be met by less restrictive means, including use of appropriate
technological assistance.
(b) Alternatively, the court, with
appropriate findings, may treat the petition as one for a protective order
under section 524.5-401, enter any other appropriate order, or dismiss the
proceeding.
(c) The court shall grant to a guardian
only those powers necessitated by the ward's limitations and demonstrated needs
and, whenever feasible, make appointive and other orders that will encourage
the development of the ward's maximum self-reliance and independence. Any power
not specifically granted to the guardian, following a written finding by the
court of a demonstrated need for that power, is retained by the ward.
(d) Within 14 days after an appointment, a
guardian shall send or deliver to the ward, and counsel if represented at the
hearing, a copy of the order of appointment accompanied by a notice which
advises the ward of the right to appeal the guardianship appointment in the
time and manner provided by the Rules of Appellate Procedure.
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(e) Each year, within 30 days
after the anniversary date of an appointment, a guardian shall send or deliver
to the ward a notice of the right to request termination or modification of the
guardianship and notice of the status of the ward's right to vote.
Sec. 68. [REPEALER.]
Minnesota Statutes 2004, section
204C.50, subdivision 7, is repealed.
Minnesota Rules, parts 4501.0300, subparts
1 and 4; 4501.0500, subpart 4; 4501.0600; 4503.0200, subpart 4; 4503.0300,
subpart 2; 4503.0400, subpart 2; 4503.0500, subpart 9; and 4503.0800, subpart
1, are repealed."
Delete the title and insert:
"A bill for an act relating to
government operations; appropriating money for the general legislative and
administrative expenses of state government; regulating state and local
government operations; modifying provisions related to public employment;
ratifying certain labor agreements and compensation plans; regulating elections
and campaign finance; regulating Minneapolis teacher pensions; modifying
provisions related to the military and veterans; authorizing rulemaking;
amending Minnesota Statutes 2004, sections 10A.01, subdivisions 5, 26, 35; 10A.025,
by adding a subdivision; 10A.071, subdivision 3; 10A.08; 10A.20, subdivision 5;
10A.27, subdivision 1; 10A.28, subdivision 2; 10A.31, subdivisions 4, 5;
11A.24, subdivision 6; 13.635, by adding a subdivision; 14.19; 15.054; 15.06,
by adding a subdivision; 16A.103, by adding a subdivision; 16A.1286,
subdivision 3; 16A.151, subdivision 2; 16A.152, subdivision 2; 16A.1522,
subdivision 1; 16A.281; 16B.04, subdivision 2; 16B.33, subdivision 4; 16B.48,
subdivisions 4, 5; 16C.10, subdivision 7; 16C.144; 16C.16, subdivision 1;
16C.26, subdivisions 3, 4; 16C.28, subdivision 2; 16E.01, subdivisions 1, 3;
16E.02; 16E.03, subdivisions 1, 2, 3, 7; 16E.04; 16E.0465, subdivisions 1, 2;
16E.055; 16E.07, subdivision 8; 43A.23, subdivision 1; 190.16, by adding a
subdivision; 192.19; 192.261, subdivision 2; 192.501, subdivision 2; 193.29,
subdivision 3; 193.30; 193.31; 197.608, subdivision 5; 200.02, subdivisions 7,
23, by adding a subdivision; 201.014, subdivision 2; 201.061, subdivision 3;
201.071, subdivision 1; 201.091, subdivisions 4, 5; 201.15; 203B.01,
subdivision 3; 203B.04, subdivisions 1, 4, by adding a subdivision; 203B.07,
subdivision 2; 203B.11, subdivision 1; 203B.12, subdivision 2; 203B.20;
203B.21, subdivisions 1, 3; 203B.24, subdivision 1; 204B.06, subdivisions 1, 4;
204B.10, subdivision 6; 204B.14, subdivision 2; 204B.16, subdivisions 1, 5;
204B.18, subdivision 1; 204B.24; 204B.27, subdivision 1; 204C.05, subdivision
1a; 204C.06, subdivision 2; 204C.07, subdivision 4, by adding a subdivision;
204C.08, subdivision 1a; 204C.10; 204C.12, subdivision 2; 204C.24, subdivision
1; 204C.28, subdivision 1; 204C.50, subdivisions 1, 2; 204D.03, by adding a
subdivision; 204D.14, subdivision 3; 204D.27, subdivision 5; 205.175,
subdivision 2; 205A.09, subdivision 1; 206.57, subdivision 5; 208.03; 208.04,
subdivision 1; 208.05; 208.06; 208.07; 208.08; 211B.13, subdivision 1; 240A.03,
subdivision 5, by adding a subdivision; 299C.65, subdivisions 1, 2; 349A.10,
subdivision 3; 359.01, by adding a subdivision; 383B.151; 403.36, subdivision
1; 447.32, subdivision 4; 471.895, subdivision 3; 471.975; 507.093; 507.24,
subdivision 2; 524.5-310; Laws 1998, chapter 404, section 15, subdivision 2, as
amended; Laws 2000, chapter 461, article 4, section 4, as amended; proposing
coding for new law in Minnesota Statutes, chapters 5; 6; 8; 10; 14; 15; 16B;
16C; 16E; 43A; 168; 190; 298; 471; 507; repealing Minnesota Statutes 2004,
sections 3.9222; 16A.151, subdivision 5; 16A.30; 16B.48, subdivision 3; 16B.52;
16E.0465, subdivision 3; 43A.11, subdivision 2; 197.455, subdivision 3;
204C.50, subdivision 7; 471.68, subdivision 3; Minnesota Rules, parts
4501.0300, subparts 1, 4; 4501.0500, subpart 4; 4501.0600; 4503.0200, subpart
4; 4503.0300, subpart 2; 4503.0400, subpart 2; 4503.0500, subpart 9; 4503.0800,
subpart 1."
We request adoption of this report and
repassage of the bill.
House Conferees: Marty Seifert, Chris DeLaForest and Greg Blaine.
Senate Conferees: Sheila M. Kiscaden, Linda Higgins, James P.
Metzen, Jim Vickerman and Cal Larson.
Journal of the House - 66th
Day - Monday, May 23, 2005 - Top of Page 4894
Seifert moved that the report of
the Conference Committee on H. F. No. 1481 be adopted and that
the bill be repassed as amended by the Conference Committee.
A roll call was requested and properly seconded.
The question was taken on the Seifert motion and the roll was
called. There were 83 yeas and 50 nays as follows:
Those who
voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Beard
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Cornish
Cox
Cybart
Davids
Dean
DeLaForest
Demmer
Dempsey
Dittrich
Dorman
Dorn
Eastlund
Emmer
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Gunther
Hackbarth
Hamilton
Heidgerken
Holberg
Hoppe
Hortman
Hosch
Howes
Johnson, J.
Klinzing
Knoblach
Kohls
Krinkie
Lanning
Larson
Lenczewski
Liebling
Magnus
Marquart
McNamara
Meslow
Moe
Nelson, P.
Newman
Nornes
Olson
Opatz
Ozment
Paulsen
Pelowski
Penas
Peppin
Peterson, N.
Powell
Ruth
Ruud
Samuelson
Seifert
Severson
Simpson
Smith
Soderstrom
Sykora
Tingelstad
Urdahl
Vandeveer
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who
voted in the negative were:
Anderson, I.
Atkins
Clark
Davnie
Dill
Eken
Ellison
Entenza
Goodwin
Greiling
Hansen
Hausman
Hilstrom
Hilty
Hornstein
Huntley
Jaros
Johnson, R.
Johnson, S.
Juhnke
Kahn
Kelliher
Koenen
Latz
Lesch
Lieder
Lillie
Loeffler
Mahoney
Mariani
Mullery
Murphy
Nelson, M.
Otremba
Paymar
Peterson, A.
Peterson, S.
Poppe
Rukavina
Sailer
Scalze
Sertich
Sieben
Simon
Slawik
Solberg
Thao
Thissen
Wagenius
Walker
The motion prevailed.
H. F. No. 1481, A bill for an act relating
to government operations; appropriating money for the general legislative and
administrative expenses of state government; regulating state and local
government operations; modifying provisions related to public employment;
ratifying certain labor agreements and compensation plans; regulating elections
and campaign finance; regulating Minneapolis teacher pensions; modifying provisions
related to the military and veterans; providing conforming amendments; amending
Minnesota Statutes 2004, sections 3.011; 3.012; 3.02; 10A.01, subdivisions 5,
21, 23, 26; 10A.025, by adding a subdivision; 10A.071, subdivision 3; 10A.08;
10A.20, subdivisions 2, 5, by adding a subdivision; 10A.27, subdivision 1;
10A.28, subdivision 2; 10A.31, subdivisions 1, 3, 4, 5, 6a; 11A.04; 11A.07,
subdivisions 4, 5; 11A.24, subdivision 6; 13.635, by adding a subdivision;
14.19; 15.054; 15B.17, subdivision 1; 16A.103, by adding a subdivision;
16A.1286, subdivisions 2, 3; 16A.152, subdivision 2; 16A.1522, subdivision 1;
16A.281; 16B.52, subdivision 1; 16C.10, subdivision 7; 16C.144;
Journal of the House - 66th
Day - Monday, May 23, 2005 - Top of Page 4895
16C.16, subdivision
1, by adding a subdivision; 16C.23, by adding a subdivision; 43A.183; 43A.23,
subdivision 1; 123B.63, subdivision 3; 126C.17, subdivision 11; 190.16, by
adding a subdivision; 192.19; 192.261, subdivisions 1, 2; 192.501, subdivision
2; 193.29, subdivision 3; 193.30; 193.31; 197.608, subdivision 5; 200.02,
subdivisions 7, 23, by adding a subdivision; 201.022, by adding a subdivision;
201.061, subdivision 3; 201.071, subdivision 1; 201.091, subdivision 5;
203B.01, subdivision 3; 203B.02, subdivision 1; 203B.04, subdivisions 1, 4, by
adding a subdivision; 203B.07, subdivision 2; 203B.11, subdivision 1; 203B.12,
subdivision 2; 203B.20; 203B.21, subdivisions 1, 3; 203B.24, subdivision 1;
204B.10, subdivision 6; 204B.14, subdivision 2; 204B.16, subdivisions 1, 5;
204B.18, subdivision 1; 204B.22, subdivision 3; 204B.27, subdivisions 1, 3;
204B.33; 204C.05, subdivision 1a, by adding a subdivision; 204C.08, subdivision
1; 204C.24, subdivision 1; 204C.28, subdivision 1; 204C.50, subdivisions 1, 2;
204D.03, subdivision 1; 204D.14, subdivision 3; 204D.27, subdivision 5; 205.10,
subdivision 3; 205.175, subdivision 2; 205A.05, subdivision 1; 205A.09,
subdivision 1; 206.56, subdivisions 2, 3, 7, 8, 9, by adding subdivisions;
206.57, subdivisions 1, 5, by adding a subdivision; 206.58, subdivision 1;
206.61, subdivisions 4, 5; 206.64, subdivision 1; 206.80; 206.81; 206.82,
subdivisions 1, 2; 206.83; 206.84, subdivisions 1, 3, 6; 206.85, subdivision 1;
206.90, subdivisions 1, 4, 5, 6, 8, 9; 208.03; 208.04, subdivision 1; 208.05;
208.06; 208.07; 208.08; 211B.01, subdivision 3; 240A.02, subdivision 3;
354A.08; 354A.12, subdivisions 3a, 3b; 358.11; 373.40, subdivision 2; 375.20;
394.25, by adding a subdivision; 447.32, subdivision 4; 458.40; 462.357, by
adding a subdivision; 465.82, subdivision 2; 465.84; 469.053, subdivision 5;
469.0724; 469.190, subdivision 5; 471.345, by adding a subdivision; 471.975;
473.147, by adding a subdivision; 475.521, subdivision 2; 475.58, subdivisions
1, 1a; 475.59; 507.093; 507.24, subdivision 2; Laws 2000, chapter 461, article
4, section 4, as amended; proposing coding for new law in Minnesota Statutes,
chapters 3; 4; 5; 6; 8; 10A; 14; 15; 15B; 16A; 16B; 16C; 43A; 196; 197; 204D;
205; 205A; 206; 298; 354A; 471; 507; proposing coding for new law as Minnesota
Statutes, chapter 471B; repealing Minnesota Statutes 2004, sections 16A.151,
subdivision 5; 16A.30; 16B.33; 43A.11, subdivision 2; 197.455, subdivision 3;
204B.22, subdivision 2; 204C.05, subdivisions 1a, 1b; 204C.50, subdivision 7;
205.175; 205A.09; 240A.08; 354A.28; Minnesota Rules, parts 4501.0300, subparts
1, 4; 4501.0500, subpart 4; 4501.0600; 4503.0200, subpart 4; 4503.0300, subpart
2; 4503.0400, subpart 2; 4503.0500, subpart 9; 4503.0800, subpart 1.
The bill was read for the third time, as
amended by Conference, and placed upon its repassage.
The question was taken on the repassage of
the bill and the roll was called. There were 108 yeas and 26 nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Beard
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Emmer
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Gunther
Hackbarth
Hamilton
Hilstrom
Hilty
Holberg
Hoppe
Hortman
Hosch
Howes
Huntley
Johnson, J.
Johnson, R.
Juhnke
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Liebling
Lieder
Lillie
Magnus
Mahoney
Marquart
McNamara
Meslow
Moe
Murphy
Nelson, P.
Newman
Nornes
Olson
Opatz
Otremba
Ozment
Paulsen
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Seifert
Severson
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thissen
Tingelstad
Urdahl
Vandeveer
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Journal of the House - 66th
Day - Monday, May 23, 2005 - Top of Page 4896
Those who voted in the negative
were:
Anderson, I.
Atkins
Bernardy
Clark
Entenza
Goodwin
Greiling
Hansen
Hausman
Heidgerken
Hornstein
Jaros
Johnson, S.
Lesch
Loeffler
Mariani
Mullery
Nelson, M.
Paymar
Peterson, S.
Scalze
Sertich
Sieben
Thao
Wagenius
Walker
The bill was repassed, as amended by Conference, and its title agreed
to.
CONFERENCE COMMITTEE REPORT ON H. F. NO. 874
A bill for an act relating to elections;
providing for approval and purpose of certain voting equipment; appropriating
money; amending Minnesota Statutes 2004, sections 201.022, by adding a
subdivision; 206.80; proposing coding for new law in Minnesota Statutes,
chapter 206.
May 23, 2005
The
Honorable Steve Sviggum
Speaker of
the House of Representatives
The
Honorable James P. Metzen
President
of the Senate
We, the undersigned conferees for
H. F. No. 874, report that we have agreed upon the items in
dispute and recommend as follows:
That the Senate recede from its amendment
and that H. F. No. 874 be further amended as follows:
Delete everything after the enacting
clause and insert:
"Section 1. Minnesota Statutes 2004,
section 201.022, is amended by adding a subdivision to read:
Subd. 3. [CONSULTATION WITH LOCAL
OFFICIALS.] The secretary of state must consult with representatives of
local election officials in the development of the statewide voter registration
system.
Sec. 2. Minnesota Statutes 2004, section
204B.14, subdivision 2, is amended to read:
Subd. 2. [SEPARATE PRECINCTS; COMBINED
POLLING PLACE.] (a) The following shall constitute at least one election
precinct:
(1) each city ward; and
(2) each town and each statutory city.
(b) A single, accessible, combined polling
place may be established no later than June 1 of any year:
(1) for any city of the third or fourth
class, any town, or any city having territory in more than one county, in which
all the voters of the city or town shall cast their ballots;
Journal of the House - 66th
Day - Monday, May 23, 2005 - Top of Page 4897
(2) for two contiguous precincts
in the same municipality that have a combined total of fewer than 500
registered voters; or
(3) for up to four contiguous
municipalities located entirely outside the metropolitan area, as defined by
section 473.121, subdivision 2, that are contained in the same county; or
(4) for noncontiguous precincts located
in one or more counties.
A copy of the ordinance or resolution
establishing a combined polling place must be filed with the county auditor
within 30 days after approval by the governing body. A polling place combined
under clause (3) must be approved by the governing body of each participating
municipality. A polling place combined under clause (4) must be approved by
the governing body of each participating municipality and the secretary of
state and may be located outside any of the noncontiguous precincts. A
municipality withdrawing from participation in a combined polling place must do
so by filing a resolution of withdrawal with the county auditor no later than
May 1 of any year.
The secretary of state shall provide a
separate polling place roster for each precinct served by the combined polling
place. A single set of election judges may be appointed to serve at a combined
polling place. The number of election judges required must be based on the
total number of persons voting at the last similar election in all precincts to
be voting at the combined polling place. Separate ballot boxes must be provided
for the ballots from each precinct. The results of the election must be
reported separately for each precinct served by the combined polling place,
except in a polling place established under clause (2) where one of the
precincts has fewer than ten registered voters, in which case the results of
that precinct must be reported in the manner specified by the secretary of
state.
Sec. 3. Minnesota Statutes 2004, section
206.56, is amended by adding a subdivision to read:
Subd. 1a. [ASSISTIVE VOTING
TECHNOLOGY.] "Assistive voting technology" means touch-activated
screen, buttons, keypad, sip-and-puff input device, keyboard, earphones, or any
other device used with an electronic ballot marker that assists voters to use
an audio or electronic ballot display in order to cast votes.
Sec. 4. Minnesota Statutes 2004, section
206.56, is amended by adding a subdivision to read:
Subd. 1b. [AUDIO BALLOT READER.] "Audio
ballot reader" means an audio representation of a ballot that can be used
with other assistive voting technology to permit a voter to mark votes on a
nonelectronic ballot or to securely transmit a ballot electronically to
automatic tabulating equipment in the polling place.
Sec. 5. Minnesota Statutes 2004, section
206.56, subdivision 2, is amended to read:
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.
Journal of the House - 66th
Day - Monday, May 23, 2005 - Top of Page 4898
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.
Journal of the House - 66th
Day - Monday, May 23, 2005 - Top of Page 4899
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.
Journal of the House - 66th
Day - Monday, May 23, 2005 - Top of Page 4900
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.
Journal of the House - 66th
Day - Monday, May 23, 2005 - Top of Page 4901
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
Journal of the House - 66th
Day - Monday, May 23, 2005 - Top of Page 4909
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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Day - Monday, May 23, 2005 - Top of Page 4910
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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Day - Monday, May 23, 2005 - Top of Page 4929
(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.
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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.
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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.
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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
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(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
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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
Journal of the House - 66th
Day - Monday, May 23, 2005 - Top of Page 4952
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.
Journal of the House - 66th
Day - Monday, May 23, 2005 - Top of Page 4953
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.
Journal of the House - 66th
Day - Monday, May 23, 2005 - Top of Page 4954
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;
Journal of the House - 66th
Day - Monday, May 23, 2005 - Top of Page 4955
(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
Journal of the House - 66th
Day - Monday, May 23, 2005 - Top of Page 4956
(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
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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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Day - Monday, May 23, 2005 - Top of Page 4976
(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
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(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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Day - Monday, May 23, 2005 - Top of Page 4978
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
Journal of the House - 66th
Day - Monday, May 23, 2005 - Top of Page 4979
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
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(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
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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.