Journal of the House - 42nd Day - Monday, April 20, 2015 - Top of Page 2211

 

STATE OF MINNESOTA

 

 

EIGHTY-NINTH SESSION - 2015

 

_____________________

 

FORTY-SECOND DAY

 

Saint Paul, Minnesota, Monday, April 20, 2015

 

 

      The House of Representatives convened at 11:00 a.m. and was called to order by Kurt Daudt, Speaker of the House.

 

      Prayer was offered by the Reverend Dr. Jules Erickson, All Saints Lutheran Church, Cottage Grove, Minnesota.

 

      The members of the House gave the pledge of allegiance to the flag of the United States of America.

 

      The roll was called and the following members were present:

 


Albright

Allen

Anderson, M.

Anderson, S.

Anzelc

Applebaum

Atkins

Backer

Baker

Barrett

Bennett

Bernardy

Bly

Carlson

Christensen

Clark

Cornish

Daniels

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Dill

Drazkowski

Erhardt

Erickson

Fabian

Fenton

Fischer

Freiberg

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Halverson

Hamilton

Hancock

Hansen

Hausman

Heintzeman

Hertaus

Hilstrom

Hoppe

Hornstein

Hortman

Howe

Isaacson

Johnson, B.

Johnson, C.

Johnson, S.

Kahn

Kelly

Kiel

Knoblach

Koznick

Kresha

Laine

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Loonan

Lucero

Lueck

Mack

Mahoney

Marquart

Masin

McDonald

McNamara

Melin

Metsa

Miller

Moran

Mullery

Murphy, E.

Murphy, M.

Nash

Nelson

Newberger

Newton

Nornes

Norton

O'Driscoll

O'Neill

Pelowski

Peppin

Persell

Petersburg

Peterson

Pierson

Pinto

Poppe

Pugh

Quam

Rarick

Rosenthal

Runbeck

Sanders

Schoen

Schomacker

Schultz

Scott

Selcer

Simonson

Smith

Sundin

Swedzinski

Theis

Thissen

Torkelson

Uglem

Urdahl

Vogel

Wagenius

Ward

Whelan

Wills

Winkler

Yarusso

Youakim

Zerwas

Spk. Daudt


 

      A quorum was present.

 

      Anderson, P.; Considine; Mariani and Slocum were excused.

 

      Franson was excused until 11:40 a.m.

 

      The Chief Clerk proceeded to read the Journal of the preceding day.  There being no objection, further reading of the Journal was dispensed with and the Journal was approved as corrected by the Chief Clerk.


Journal of the House - 42nd Day - Monday, April 20, 2015 - Top of Page 2212

REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

Anderson, S., from the Committee on State Government Finance to which was referred:

 

H. F. No. 495, A bill for an act relating to local government; permitting counties to have audits performed by certified public accountant firms; amending Minnesota Statutes 2014, section 6.48.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"ARTICLE 1

STATE GOVERNMENT APPROPRIATIONS

 

Section 1.  STATE GOVERNMENT APPROPRIATIONS. 

 

The sums shown in the columns marked "Appropriations" are appropriated to the agencies and for the purposes specified in this article.  The appropriations are from the general fund, or another named fund, and are available for the fiscal years indicated for each purpose.  The figures "2016" and "2017" used in this article mean that the appropriations listed under them are available for the fiscal year ending June 30, 2016, or June 30, 2017, respectively.  "The first year" is fiscal year 2016.  "The second year" is fiscal year 2017.  "The biennium" is fiscal years 2016 and 2017. 

 

 

 

 

APPROPRIATIONS

 

 

 

Available for the Year

 

 

 

Ending June 30

 

 

 

2016

2017

 

Sec. 2.  LEGISLATURE

 

 

 

 

 

Subdivision 1.  Total Appropriation

 

$69,160,000

 

67,595,000

 

Appropriations by Fund

 

 

2016

2017

 

General

67,032,000

67,467,000

Health Care Access

128,000

128,000

Special Revenue

2,000,000

0

 

The amounts that may be spent for each purpose are specified in the following subdivisions.

 

Subd. 2.  Senate

 

21,501,000

 

21,501,000

 

$1,723,000 of the senate carryforward balance shall cancel to the general fund on July 1, 2015.


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Subd. 3.  House of Representatives

 

28,998,000

 

28,998,000

 

During the biennium ending June 30, 2017, any revenues received by the house of representatives from voluntary donations to support broadcast or print media are appropriated to the house of representatives.

 

$3,938,000 of the house carryforward balance shall cancel to the general fund on July 1, 2015.

 

Subd. 4.  Legislative Coordinating Commission

 

18,661,000

 

17,096,000

 

Appropriations by Fund

 

General

16,533,000

16,968,000

Health Care Access

128,000

128,000

Special Revenue

2,000,000

0

 

$1,567,000 of the Legislative Coordinating Commission carryforward balance and the Revisor of Statutes carryforward balance shall cancel to the general fund on July 1, 2015.

 

$7,132,000 each year from the general fund is to the Office of the Legislative Auditor.  The auditor is requested to do an evaluation of Minnesota veterans homes.

 

$435,000 in fiscal year 2017 is for the revisor's administrative rules system.

 

$595,000 each year is for the Office of the Revisor of Statutes to maintain and improve information technology services.

 

$10,000 each year is for purposes of the legislators' forum, through which Minnesota legislators meet with counterparts from South Dakota, North Dakota, and Manitoba to discuss issues of mutual concern.

 

$2,000,000 is transferred from the state employee group insurance trust fund to a rulemaking account in the special revenue fund.

 

$2,000,000 for the biennium ending June 30, 2017, is appropriated from the rulemaking account in the special revenue fund to the legislative auditor to:

 

(1) reimburse executive agencies for costs associated with determining if proposed rules have substantial economic impact and for costs of peer review advisory panels for proposed rules that have substantial economic impact; and

 

(2) reimburse the legislative auditor for costs associated with this process.


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Sec. 3.  GOVERNOR AND LIEUTENANT GOVERNOR

$3,134,000

 

$3,134,000

 

(a) This appropriation is to fund the Office of the Governor and Lieutenant Governor.

 

(b) $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.

 

(c) During the biennium ending June 30, 2017, the Office of the Governor may not receive payments of more than $805,000 each fiscal year from other executive agencies to support personnel costs incurred by the office.  By September 1 of each year, the commissioner of management and budget shall report to the chairs and ranking minority members of the senate State Departments and Veterans Affairs Budget Division and the house of representatives State Government Finance Committee any personnel costs incurred by the Offices 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 and ranking minority members of the committees before initiating any interagency agreements.

 

Sec. 4.  STATE AUDITOR

 

$1,982,000

 

$1,982,000

 

Sec. 5.  ATTORNEY GENERAL

 

$22,897,000

 

$22,897,000

 

Appropriations by Fund

 

 

2016

2017

 

General

20,679,000

20,679,000

State Government Special Revenue

 

1,823,000

 

1,823,000

Environmental

145,000

145,000

Remediation

250,000

250,000

 

Of this appropriation, $65,000 in the first year and $65,000 in the second year are from the general fund for transfer to the commissioner of public safety for a grant to the Minnesota County Attorneys Association for prosecutor and law enforcement training.

 

Sec. 6.  SECRETARY OF STATE

 

$6,198,000

 

$6,198,000

 

$420,000 the first year and $440,000 the second year are for the Safe at Home program.


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Any funds available in the account established in Minnesota Statutes, section 5.30, pursuant to the Help America Vote Act, are appropriated for the purposes and uses authorized by federal law.

 

Sec. 7.  CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD

 

$893,000

 

 

$893,000

 

Sec. 8.  INVESTMENT BOARD

 

$139,000

 

$139,000

 

Sec. 9.  ADMINISTRATIVE HEARINGS

 

$7,627,000

 

$7,627,000

 

Appropriations by Fund

 

 

2016

2017

 

General

377,000

377,000

Workers' Compensation

7,250,000

7,250,000

 

Campaign Violations Hearings.  $115,000 each year is appropriated from the general fund for the cost of considering complaints filed under Minnesota Statutes, section 211B.32.  These amounts may be spent in either year of the biennium.

 

$6,000 in fiscal year 2016 and $6,000 in fiscal year 2017 are appropriated from the general fund to the Office of Administrative Hearings for the cost of considering data practices complaints filed under Minnesota Statutes, section 13.085.  These amounts may be used in either year of the biennium.  $6,000 is added to the agency's base to be available for the biennium.

 

Sec. 10.  MN.IT SERVICES

 

$2,431,000

 

$2,431,000

 

During the biennium ending June 30, 2017, MN.IT Services must not charge fees to a public noncommercial educational television broadcast station eligible for funding under Minnesota Statutes, chapter 129D, for access to the state broadcast infrastructure.  If the access fees not charged to public noncommercial educational television broadcast stations total more than $400,000 for the biennium, the office may charge for access fees in excess of these amounts.

 

The commissioner of management and budget is authorized to provide cash flow assistance of up to $110,000,000 from the special revenue fund or other statutory general funds, as defined in Minnesota Statutes, section 16A.671, subdivision 3, paragraph (a), to the Office of MN.IT Services for the purpose of managing revenue and expenditure differences during the initial phases of IT consolidation.  These funds shall be repaid with interest by the end of the fiscal year 2017 closing period.


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Sec. 11.  ADMINISTRATION

 

 

 

 

 

Subdivision 1.  Total Appropriation

 

$19,781,000

 

$19,191,000

 

The amounts that may be spent for each purpose are specified in the following subdivisions.

 

Subd. 2.  Government and Citizen Services

 

7,265,000

 

7,095,000

 

$210,000 the first year and $40,000 the second year are for increased information technology associated with supporting small business purchasing programs.

 

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

 

Subd. 3.  Strategic Management Services

 

1,789,000

 

1,789,000

 

Subd. 4.  Fiscal Agent

 

10,727,000

 

10,307,000

 

The appropriations under this section are to the commissioner of administration for the purposes specified.

 

In-Lieu of Rent.  $7,488,000 the first year and $7,488,000 the second year are for space costs of the legislature and veterans organizations, ceremonial space, and statutorily free space.

 

Relocation Expenses.  $1,284,000 the first year and $864,000 the second year are for rent loss and relocation expenses related to the Capitol renovation project.  Relocation expenses include only moving of art, fixtures, renovation supplies, and similar materials, and may not be used for moving Senators, Senate staff, and related offices and supplies.  This is a onetime appropriation.

 

Public Broadcasting.  (a) $1,161,000 the first year and $1,161,000 the second year are for matching grants for public television.

 

(b) $200,000 the first year and $200,000 the second year are for public television equipment grants.

 

(c) The equipment or matching grants in paragraphs (a) and (b) must be allocated after considering the recommendations of the Minnesota Public Television Association.

 

(d) $287,000 the first year and $287,000 the second year are for community service grants to public educational radio stations.  This appropriation may be used to disseminate emergency information in foreign languages.

 

(e) $100,000 the first year and $100,000 the second year are for equipment grants to public educational radio stations.  This appropriation may be used for the repair, rental, and purchase of equipment including equipment under $500.


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(f) The grants in paragraphs (d) and (e) must be allocated after considering the recommendations of the Association of Minnesota Public Education Radio Stations under Minnesota Statutes, section 129D.14.  As a condition of receiving grants under paragraphs (d) and (e), the Association of Minnesota Public Education Radio Stations must agree that it will not take any steps leading to the operation of new stations unless specifically authorized by a future law.

 

(g) $207,000 the first year and $207,000 the second year are for equipment grants to Minnesota Public Radio, Inc., including upgrades to Minnesota's Emergency Alert and AMBER Alert Systems.

 

(h) 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

 

$325,000

 

 

$325,000

 

Sec. 13.  MINNESOTA MANAGEMENT AND BUDGET

$18,757,000

 

$18,757,000

 

$156,000 the first year and $156,000 the second year are to develop and implement a return on taxpayer investment (ROTI) methodology using the Pew-MacArthur Results First framework to evaluate corrections and human services programs administered and funded by state and county governments.  The commissioner shall engage and work with staff from Pew-MacArthur Results First, and shall consult with representatives of other state agencies, counties, legislative staff, the commissioners of corrections and human services, and other commissioners of state agencies and stakeholders to implement the established methodology.  The commissioner of management and budget shall report on implementation progress and make recommendations to the governor and legislature by January 31, 2017.

 

The commissioner must report to the chairs and ranking minority members of the House of Representatives State Government Finance Committee and the Senate State Departments and Veterans Budget Division by July 15, 2015, on the gainsharing program in Minnesota Statutes, Section 16A.90.  The report must include information on how the commissioner has promoted the program to state employees, results achieved under the program, and recommendations for any legislative changes needed to make the program more effective.


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Sec. 14.  REVENUE

 

 

 

 

 

Subdivision 1.  Total Appropriation

 

$140,717,000

 

$139,537,000

 

Appropriations by Fund

 

 

2016

2017

 

General

136,482,000

135,302,000

Health Care Access

1,749,000

1,749,000

Highway User Tax Distribution

 

2,183,000

 

2,183,000

Environmental

303,000

303,000

 

Subd. 2.  Tax System Management

 

112,101,000

 

110,921,000

 

Appropriations by Fund

 

General

107,866,000

106,686,000

Health Care Access

1,749,000

1,749,000

Highway User Tax Distribution

 

2,183,000

 

2,183,000

Environmental

303,000

303,000

 

Base reductions must be made from expenses related to the capital equipment sales tax repealed in 2014, and cannot be applied to compliance activities.

 

Appropriation; Taxpayer Assistance.  (a) $400,000 each year from the general fund is for grants to one or more nonprofit organizations, qualifying under section 501(c)(3) of the Internal Revenue Code of 1986, to coordinate, facilitate, encourage, and aid in the provision of taxpayer assistance services.  The unencumbered balance in the first year does not cancel but is available for the second year.

 

(b) For purposes of this section, "taxpayer assistance services" means accounting and tax preparation services provided by volunteers to low-income, elderly, and disadvantaged Minnesota residents to help them file federal and state income tax returns and Minnesota property tax refund claims and to provide personal representation before the Department of Revenue and Internal Revenue Service.

 

Subd. 3.  Debt Collection Management

 

28,616,000

 

28,616,000

 

Sec. 15.  GAMBLING CONTROL

 

$3,959,000

 

$3,959,000

 

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


Journal of the House - 42nd Day - Monday, April 20, 2015 - Top of Page 2219

Sec. 16.  RACING COMMISSION

 

$899,000

 

$1,081,000

 

These appropriations are from the racing and card playing regulation accounts in the special revenue fund.

 

Sec. 17.  STATE LOTTERY

 

 

 

 

 

Notwithstanding Minnesota Statutes, section 349A.10, subdivision 3, the operating budget must not exceed $31,000,000 in fiscal year 2016 and $31,000,000 in fiscal year 2017.

 

Sec. 18.  AMATEUR SPORTS COMMISSION

 

$253,000

 

$253,000

 

Sec. 19.  COUNCIL ON BLACK MINNESOTANS

 

$392,000

 

$392,000

 

These appropriations are from the ethnic councils account in the special revenue fund.

 

The general fund base in fiscal years 2018 and 2019 for this council is $392,000 each year.

 

Sec. 20.  COUNCIL ON ASIAN-PACIFIC MINNESOTANS

$354,000

 

$354,000

 

These appropriations are from the ethnic councils account in the special revenue fund.

 

The general fund base in fiscal years 2018 and 2019 for this council is $354,000 each year.

 

Sec. 21.  COUNCIL ON AFFAIRS OF CHICANO/LATINO PEOPLE

 

$375,000

 

 

$375,000

 

These appropriations are from the ethnic councils account in the special revenue fund.

 

The general fund base in fiscal years 2018 and 2019 for this council is $375,000 each year.

 

Sec. 22.  INDIAN AFFAIRS COUNCIL

 

$562,000

 

$562,000

 

These appropriations are from the ethnic councils account in the special revenue fund.

 

The general fund base in fiscal years 2018 and 2019 for this council is $562,000 each year.


Journal of the House - 42nd Day - Monday, April 20, 2015 - Top of Page 2220

Sec. 23.  MINNESOTA HISTORICAL SOCIETY

 

 

 

 

 

Subdivision 1.  Total Appropriation

 

$22,673,000

 

$22,464,000

 

The amounts that may be spent for each purpose are specified in the following subdivisions.

 

Subd. 2.  Operations and Programs

 

22,160,000

 

22,160,000

 

Notwithstanding Minnesota Statutes, section 138.668, the Minnesota Historical Society may not charge a fee for its general tours at the Capitol, but may charge fees for special programs other than general tours.

 

$750,000 the first year and $750,000 the second year are for digital preservation and access, including planning and implementation of a program to preserve and make available resources related to Minnesota history.

 

$75,000 the first year and $75,000 the second year are for activities to enhance educational achievement through history education.

 

Subd. 3.  Fiscal Agent

 

 

 

 

 

(a) Minnesota International Center

 

39,000

 

39,000

 

(b) Minnesota Air National Guard Museum

 

34,000

 

-0-

 

(c) Minnesota Military Museum

 

150,000

 

50,000

 

(d) Farmamerica

 

190,000

 

115,000

 

(e) Hockey Hall of Fame

 

100,000

 

100,000

 

Balances Forward.  Any unencumbered balance remaining in this subdivision the first year does not cancel but is available for the second year of the biennium.

 

Subd. 4.  Appropriation Limit

 

 

 

 

 

Notwithstanding Minnesota Statutes, section 290.0681, subdivision 7, the total fiscal year 2016 appropriation for refunds, grants, and other costs associated with the credit for historic structure rehabilitation is $457,000.

 

Sec. 24.  BOARD OF THE ARTS

 

 

 

 

 

Subdivision 1.  Total Appropriation

 

$7,514,000

 

$7,514,000

 

The amounts that may be spent for each purpose are specified in the following subdivisions.


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Subd. 2.  Operations and Services

 

575,000

 

575,000

 

Subd. 3.  Grants Program

 

4,800,000

 

4,800,000

 

Subd. 4.  Regional Arts Councils

 

2,139,000

 

2,139,000

 

Unencumbered Balance Available.  Any unencumbered balance remaining in this section the first year does not cancel, but is available for the second year of the biennium.

 

Projects located in Minnesota; travel restriction.  Money appropriated in this section and distributed as grants may only be spent on projects located in Minnesota.  A recipient of a grant funded by an appropriation in this section must not use more than ten percent of the total grant for costs related to travel outside the state of Minnesota.

 

Sec. 25.  MINNESOTA HUMANITIES CENTER

 

$1,100,000

 

$850,000

 

$250,000 the first year is for a grant to Everybody Wins!‑Minnesota, a Minnesota 501(c)(3) corporation, to operate a reading program for Minnesota children.  Any balance in the first year does not cancel but is available in the second year.

 

$250,000 the first year and $250,000 the second year are for a grant to the Minnesota Council on Economic Education to provide staff development to teachers for the implementation of the state graduation standards in learning areas relating to economic education.  This is a onetime appropriation.  The commissioner, in consultation with the council, shall develop expected results of staff development, eligibility criteria for participants, an evaluation procedure, and guidelines for direct and in-kind contributions by the council.  This appropriation does not cancel, but is available until expended.

 

$250,000 in fiscal year 2016 and $250,000 in fiscal year 2017 are for the healthy eating, here at home program under Minnesota Statutes, section 256E.345.  No more than three percent of the appropriation may be used for the nonprofit administration of the grant program under Minnesota Statutes, section 256E.345.

 

Sec. 26.  BOARD OF ACCOUNTANCY

 

$628,000

 

$618,000

 

Sec. 27.  BOARD OF ARCHITECTURE ENGINEERING, LAND SURVEYING, LANDSCAPE ARCHITECTURE, GEOSCIENCE, AND INTERIOR DESIGN

 

 

$774,000

 

 

 

$774,000

 

Sec. 28.  BOARD OF COSMETOLOGIST EXAMINERS

$1,346,000

 

$1,346,000


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Sec. 29.  BOARD OF BARBER EXAMINERS

 

$317,000

 

$317,000

 

Sec. 30.  HUMAN RIGHTS. 

 

$3,505,000

 

$3,505,000

 

$80,000 each year is for operation of an office in St. Cloud.

 

Sec. 31.  GENERAL CONTINGENT ACCOUNTS

 

$750,000

 

$500,000

 

Appropriations by Fund

 

 

2016

2017

 

General

250,000

-0-

State Government Special Revenue

 

400,000

 

400,000

Workers' Compensation

100,000

100,000

 

(a) 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.

 

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

 

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

 

Sec. 32.  TORT CLAIMS

 

$161,000

 

$161,000

 

These appropriations are to be spent by the commissioner of management and budget according to Minnesota Statutes, section 3.736, subdivision 7.  If the appropriation for either year is insufficient, the appropriation for the other year is available for it.

 

Sec. 33.  MINNESOTA STATE RETIREMENT SYSTEM

$6,552,000

 

$8,936,000

 

These amounts are estimated to be needed under Minnesota Statutes, sections 3A.03, subdivision 2; 3A.04, subdivisions 3 and 4; and 3A.115 for the Combined Legislators and Constitutional Officers Retirement Plan.

 

Sec. 34.  PUBLIC EMPLOYEES RETIREMENT ASSOCIATION

 

$6,000,000

 

 

$6,000,000

 

Notwithstanding Minnesota Statutes, section 353.505, the state payments to the Public Employees Retirement Association on behalf of the former MERF division account are $6,000,000 on September 15, 2015 and $6,000,000 on September 15, 2016.


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Sec. 35.  TEACHERS RETIREMENT ASSOCIATION

$29,831,000

 

$29,831,000

 

The amounts estimated to be needed are as follows:

 

Special Direct State Aid.  $27,331,000 the first year and $27,331,000 the second year are for special direct state aid authorized under Minnesota Statutes, section 354.436.

 

Special Direct State Matching Aid.  $2,500,000 the first year and $2,500,000 the second year are for special direct state matching aid authorized under Minnesota Statutes, section 354.435.

 

Sec. 36.  ST. PAUL TEACHERS RETIREMENT FUND

$9,827,000

 

$9,827,000

 

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

 

Sec. 37.  MILITARY AFFAIRS

 

 

 

 

 

Subdivision 1.  Total Appropriation

 

$19,368,000

 

$19,368,000

 

The amounts that may be spent for each purpose are specified in the following subdivisions.

 

Subd. 2.  Maintenance of Training Facilities

 

9,661,000

 

9,661,000

 

Subd. 3.  General Support

 

2,819,000

 

2,819,000

 

Subd. 4.  Enlistment Incentives

 

6,888,000

 

6,888,000

 

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.

 

Of the funds carried forward from fiscal year 2015 to fiscal year 2016, in the enlistment incentives appropriation, $100,000 is canceled to the general fund to support the appropriation to the Minnesota Historical Society for a grant to the Minnesota Military Museum.  $1,000,000 is canceled to the general fund to support the appropriation to the Department of Veterans Affairs for repair and betterment of the Minnesota veterans homes.


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Sec. 38.  VETERANS AFFAIRS

 

 

 

 

 

Subdivision 1.  Total Appropriation

 

$65,254,000

 

$67,360,000

 

Appropriations by Fund

 

 

2016

2017

 

General Fund

63,253,000

63,253,000

Special Revenue

2,001,000

4,107,000

 

The amounts that may be spent for each purpose are specified in the following subdivisions.

 

Subd. 2.  Veterans Services

 

16,240,000

 

16,240,000

 

Veterans Service Organizations.  $353,000 each year is for grants to the following congressionally chartered veterans service organizations, as designated by the commissioner:  Disabled American Veterans, Military Order of the Purple Heart, the American Legion, Veterans of Foreign Wars, Vietnam Veterans of America, AMVETS, and Paralyzed Veterans of America.  This funding must be allocated in direct proportion to the funding currently being provided by the commissioner to these organizations.

 

Minnesota Assistance Council for Veterans.  $750,000 each year is for a grant to the Minnesota Assistance Council for Veterans to provide assistance throughout Minnesota to veterans and their families who are homeless or in danger of homelessness, including assistance with the following:

 

(1) utilities;

 

(2) employment; and

 

(3) legal issues.

 

The assistance authorized under this paragraph must be made only to veterans who have resided in Minnesota for 30 days prior to application for assistance and according to other guidelines established by the commissioner.  In order to avoid duplication of services, the commissioner must ensure that this assistance is coordinated with all other available programs for veterans.

 

Honor Guards.  $200,000 each year is for compensation for honor guards at the funerals of veterans under Minnesota Statutes, section 197.231.  This amount is added to the program's base funding.


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Minnesota GI Bill.  $200,000 each year is for the costs of administering the Minnesota GI Bill postsecondary educational benefits, on-the-job training, and apprenticeship program under Minnesota Statutes, section 197.791.  Of this amount, $100,000 is for transfer to the Office of Higher Education.

 

Gold Star Program.  $100,000 each year is for administering the Gold Star Program for surviving family members of deceased veterans.  This amount is added to the program's base funding.

 

County Veterans Service Office.  $1,100,000 each year is for funding the County Veterans Service Office grant program under Minnesota Statutes, section 197.608.

 

Subd. 3.  Veterans Homes

 

49,014,000

 

51,120,000

 

Appropriations by Fund

 

 

2016

2017

 

General Fund

47,013,000

47,013,000

Special Revenue

2,001,000

4,107,000

 

Veterans Homes Special Revenue Account.  $6,108,000 is transferred from the state employee group insurance program trust fund to the veterans home special revenue account in the special revenue fund.  The general fund appropriations made to the department may be transferred to a veterans homes special revenue account in the special revenue fund in the same manner as other receipts are deposited according to Minnesota Statutes, section 198.34.  Amounts in the account are appropriated to the department for the operation of veterans homes facilities and programs.

 

The general fund base in fiscal years 2018 and 2019 for veterans homes is $51,120,000 each year.

 

Sec. 39.  ETHNIC COUNCILS ACCOUNT.

 

The following amounts are deposited in the ethnic councils account in the special revenue fund:

 

(1) $2,192,000 which is transferred from the state employee group insurance trust fund;

 

(2) $871,000 which is transferred from the state elections campaign fund; and

 

(3) $294,000 from the appropriation related to health insurance transparency in Laws 2014, chapter 312, article 21, section 4, paragraph (a), is canceled to the general fund and transferred to the special revenue fund, effective the day following final enactment of this section.


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ARTICLE 2

STATE GOVERNMENT

 

Section 1.  [2.92] DISTRICTING PRINCIPLES.

 

Subdivision 1.  Applicability; constitutional duty of legislature.  (a) The principles in this section apply to legislative and congressional districts.

 

(b) Notwithstanding any laws to the contrary, legislative and congressional districts must be drawn by the legislature, consistent with the requirements of the Minnesota Constitution, article IV, section 3.  The legislature may not delegate its duty to draw districts to any commission, council, panel, or other entity that is not comprised solely of members of the legislature.

 

Subd. 2.  Nesting.  A representative district may not be divided in the formation of a senate district.

 

Subd. 3.  Equal population.  (a) Legislative districts must be substantially equal in population.  The population of a legislative district must not deviate from the ideal by more than 0.5 percent, plus or minus.

 

(b) Congressional districts must be as nearly equal in population as practicable. 

 

Subd. 4.  Contiguity; compactness.  The districts must be composed of convenient contiguous territory.  To the extent consistent with the other principles in this section, districts should be compact.  Contiguity by water is sufficient if the water is not a serious obstacle to travel within the district.  Point contiguity is not sufficient.

 

Subd. 5.  Numbering.  (a) Legislative districts must be numbered in a regular series, beginning with house district 1A in the northwest corner of the state and proceeding across the state from west to east, north to south, but bypassing the 11-county metropolitan area until the southeast corner has been reached; then to the 11-county metropolitan area outside the cities of Minneapolis and St. Paul; then in Minneapolis and St. Paul.

 

(b) Congressional district numbers must begin with district one in the southeast corner of the state and end with district eight in the northeast corner of the state.

 

Subd. 6.  Minority representation.  (a) The dilution of racial or ethnic minority voting strength is contrary to the laws of the United States and the state of Minnesota.  These principles must not be construed to supersede any provision of the Voting Rights Act of 1965, as amended.

 

(b) A redistricting plan must not have the intent or effect of dispersing or concentrating minority population in a manner that prevents minority communities from electing their candidates of choice.

 

Subd. 7.  Minor civil divisions.  (a) A county, city, or town must not be unduly divided unless required to meet equal population requirements or to form districts composed of convenient, contiguous territory.

 

(b) A county, city, or town is not unduly divided in the formation of a legislative or congressional district if:

 

(1) the division occurs because a portion of a city or town is noncontiguous with another portion of the same city or town; or

 

(2) despite the division, the known population of any affected county, city, or town remains wholly located within a single district.


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Subd. 8.  Preserving communities of interest.  (a) Districts should attempt to preserve identifiable communities of interest where that can be done in compliance with the principles under this section.

 

(b) For purposes of this subdivision, "communities of interest" means recognizable areas with similarities of interests including, but not limited to, racial, ethnic, geographic, social, or cultural interests.

 

Subd. 9.  Data to be used.  (a) The geographic areas and population counts used in maps, tables, and legal descriptions of the districts must be those used by the Geographic Information Systems Office of the Legislative Coordinating Commission.  The population counts will be the block population counts provided to the state under Public Law 94-171 after each decennial census, subject to correction of any errors acknowledged by the United States Census Bureau.

 

(b) Nothing in this subdivision prohibits the use of additional data, as determined by the legislature.

 

Subd. 10.  Consideration of plans.  A redistricting plan must not be considered for adoption by the senate or house of representatives until a block equivalency file showing the district to which each census block has been assigned, in a form prescribed by the director of the Geographic Information Systems Office, has been filed with the director.

 

Subd. 11.  Priority of principles.  Where it is not possible to fully comply with the principles contained in subdivisions 1 to 8, a redistricting plan must give priority to those principles in the order in which they are listed in this section, except to the extent that doing so would violate federal or state law.

 

EFFECTIVE DATE.  This section is effective the day following final enactment and applies to any plan for districts enacted or established for use on or after that date.

 

Sec. 2.  Minnesota Statutes 2014, section 3.971, is amended by adding a subdivision to read:

 

Subd. 8a.  Fiscal notes and revenue estimates.  The legislative auditor shall participate in the fiscal note and revenue estimate process in the manner described in section 3.98.  Authority of the legislative auditor and duties of employees and entities under section 3.978, subdivision 2, apply to the legislative auditor's work on fiscal notes and revenue estimates.

 

Sec. 3.  [3.9735] EVALUATION OF ECONOMIC DEVELOPMENT INCENTIVE PROGRAMS.

 

Subdivision 1.  Definitions.  For purposes of this section, the terms defined in this section have the meanings given them.

 

(a) "General incentive" means a state program, statutory provision, or tax expenditure, including tax credits, tax exemptions, tax deductions, grants, or loans, that is intended to encourage businesses to locate, expand, invest, or remain in Minnesota or to hire or retain employees in Minnesota.  To be a general incentive, a state program, statutory provision, or tax expenditure must be available to multiple entities, projects, or associated projects or include eligibility criteria with the intent that it will be available to multiple entities, projects, or associated projects.

 

(b) "Exclusive incentive" means a state program, statutory provision, tax expenditure, or section of a general incentive, including tax credits, tax exemptions, tax deductions, grants, or loans, that is intended to encourage a single specific entity, project, or associated projects to locate, expand, invest, or remain in Minnesota or to hire or retain employees in Minnesota.

 

Subd. 2.  Selection of general incentives for review; schedule for evaluation; report.  Annually, the legislative auditor shall submit to the Legislative Audit Commission a list of three to five general incentives proposed for review.  In selecting general incentives to include on this list, the legislative auditor may consider what


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the incentive will cost state and local governments in actual spending and foregone revenue currently or projected into the future, the legislature's need for information about a general incentive that has an upcoming expiration date, and the legislature's need for regular information on the results of all major general incentives.  Annually, the Legislative Audit Commission will select at least one general incentive for the legislative auditor's evaluation.  The legislative auditor will evaluate the selected general incentive or incentives, prepared according to the evaluation plan established under subdivision 4, and submit a written report to the Legislative Audit Commission.

 

Subd. 3.  Exclusive incentive schedule.  The legislative auditor's schedule shall ensure that at least once every four years the legislative auditor will complete an analysis of best practices for exclusive incentives.

 

Subd. 4.  Evaluation plans.  By February 1, 2016, the Legislative Audit Commission shall establish evaluation plans that identify elements that the legislative auditor must include in evaluations of a general incentive and an exclusive incentive.  The Legislative Audit Commission may modify the evaluation plans as needed.

 

Sec. 4.  Minnesota Statutes 2014, section 3.979, subdivision 3, is amended to read:

 

Subd. 3.  Audit data.  (a) "Audit" as used in this subdivision means a financial audit, review, program evaluation, best practices review, evaluation of an incentive program or exclusive incentive program under section 3.9735, or investigation.  Data relating to an audit are not public or with respect to data on individuals are confidential until the final report of the audit has been released by the legislative auditor or the audit is no longer being actively pursued.  Upon release of a final audit report by the legislative auditor, data relating to an audit are public except data otherwise classified as not public.

 

(b) Data related to an audit but not published in the audit report and that the legislative auditor reasonably believes will be used in litigation are not public and with respect to data on individuals are confidential until the litigation has been completed or is no longer being actively pursued.

 

(c) Data on individuals that could reasonably be used to determine the identity of an individual supplying data for an audit are private if the data supplied by the individual were needed for an audit and the individual would not have provided the data to the legislative auditor without an assurance that the individual's identity would remain private, or the legislative auditor reasonably believes that the subject would not have provided the data.

 

(d) The definitions of terms provided in section 13.02 apply for purposes of this subdivision.

 

Sec. 5.  Minnesota Statutes 2014, section 3.98, is amended to read:

 

3.98 FISCAL NOTES AND REVENUE ESTIMATES.

 

Subdivision 1.  Preparation.  The head or chief administrative officer of each department or agency of the state government, including the Supreme Court, shall prepare a fiscal note at the request of the chair of the standing committee to which a bill has been referred, or the chair of the house of representatives Ways and Means Committee, or the chair of the senate Committee on Finance.

 

For purposes of this subdivision, "Supreme Court" includes all agencies, committees, and commissions supervised or appointed by the state Supreme Court or the state court administrator.  (a) The chair of the standing committee to which a bill has been referred, the chair of the house of representatives Ways and Means Committee, and the chair of the senate Committee on Finance may request a fiscal note.  The chair of the house of representatives or senate tax committee may request a revenue estimate.  A request for a fiscal note or revenue estimate must be filed with the legislative auditor.


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(b) Upon receiving a request for a fiscal note or revenue estimate, the legislative auditor shall request appropriate agencies, offices, boards, or commissions in the executive, judicial, or legislative branch to provide the legislative auditor with an analysis of the financial and personnel impacts of the bill.  The analysis must include a clear statement of the assumptions used in the analysis and the extent to which alternative assumptions were considered.  Agencies, offices, boards, or commissions shall, after receiving a request from the legislative auditor, submit the analysis in the time and manner requested by the auditor.  The legislative auditor may require agencies, offices, boards, or commissions to use the fiscal note tracking system developed and maintained by the commissioner of management and budget for submitting fiscal note information and analysis.

 

(c) The legislative auditor shall review the analysis submitted by agencies, offices, boards, or commissions and assess the reasonableness of the analysis, particularly the reasonableness of the assumptions used in the analysis.  The auditor may require agencies, offices, boards, or commissions to resubmit their analysis under new assumptions or calculation parameters as defined by the auditor.

 

(d) When the legislative auditor accepts the final analysis from all relevant agencies, offices, boards, or commissions, the legislative auditor shall deliver the completed fiscal note or revenue estimate.  The note or estimate must contain the final analysis and assumptions submitted to the legislative auditor by agencies, offices, boards, or commissions, and a statement by the legislative auditor as to whether the legislative auditor agrees with the final analysis and assumptions.  The auditor must state the reasons for any disagreements and may offer alternative analysis and assumptions for consideration by the legislature.  If the legislative auditor deems these disagreements sufficiently large, the legislative auditor may submit an unofficial "unapproved" fiscal note to the legislature for public consideration of both the analysis of the agencies, offices, boards, or commissions, and of the legislative auditor.

 

Subd. 2.  Contents.  (a) The A fiscal note, where possible, shall:

 

(1) cite the effect in dollar amounts;

 

(2) cite the statutory provisions affected;

 

(3) estimate the increase or decrease in revenues or expenditures;

 

(4) include the costs which may be absorbed without additional funds;

 

(5) include the assumptions used in determining the cost estimates; and

 

(6) specify any long-range implication.

 

(b) The A revenue estimate must estimate the effect of a bill on state tax revenues.

 

(c) A fiscal note or revenue estimate may comment on technical or mechanical defects in the bill but shall express no opinions concerning the merits of the proposal.

 

Subd. 3.  Distribution.  A copy of the a fiscal note shall be delivered to the chair of the Ways and Means Committee of the house of representatives, the chair of the Finance Committee of the senate, the chair of the standing committee to which the bill has been referred, to the chief author of the bill and to the commissioner of management and budget.  A copy of a revenue estimate shall be delivered to the chairs of the house of representatives and senate tax committees, to the chief author of the bill, and to the commissioner of revenue.

 

Subd. 4.  Uniform procedure.  The commissioner of management and budget legislative auditor shall prescribe a uniform procedure to govern the departments and agencies of the state in complying with the requirements of this section.


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Subd. 5.  Tracking system.  The commissioner of management and budget shall provide the legislative auditor with manuals and other documentation requested by the auditor for the fiscal note tracking system that is maintained by the commissioner.

 

Sec. 6.  Minnesota Statutes 2014, section 3.987, subdivision 1, is amended to read:

 

Subdivision 1.  Local impact notes.  The commissioner of management and budget legislative auditor shall coordinate the development of a local impact note for any proposed legislation introduced after June 30, 1997, upon request of the chair or the ranking minority member of either legislative Tax, Finance, or Ways and Means Committee.  Upon receipt of a request to prepare a local impact note, the commissioner auditor must notify the authors of the proposed legislation that the request has been made.  The local impact note must be made available to the public upon request.  If the action is among the exceptions listed in section 3.988, a local impact note need not be requested nor prepared.  The commissioner auditor shall make a reasonable and timely estimate of the local fiscal impact on each type of political subdivision that would result from the proposed legislation.  The commissioner of management and budget auditor may require any political subdivision or the commissioner of an administrative agency of the state to supply in a timely manner any information determined to be necessary to determine local fiscal impact.  The political subdivision, its representative association, or commissioner shall convey the requested information to the commissioner of management and budget auditor with a signed statement to the effect that the information is accurate and complete to the best of its ability.  The political subdivision, its representative association, or commissioner, when requested, shall update its determination of local fiscal impact based on actual cost or revenue figures, improved estimates, or both.  Upon completion of the note, the commissioner auditor must provide a copy to the authors of the proposed legislation and to the chair and ranking minority member of each committee to which the proposed legislation is referred.

 

Sec. 7.  [6.481] COUNTY AUDITS.

 

Subdivision 1.  Powers and duties.  All the powers and duties conferred and imposed upon the state auditor shall be exercised and performed by the state auditor in respect to the offices, institutions, public property, and improvements of several counties of the state.  The state auditor may visit, without previous notice, each county and examine all accounts and records relating to the receipt and disbursement of the public funds and the custody of the public funds and other property.  The state auditor shall prescribe and install systems of accounts and financial reports that shall be uniform, so far as practicable, for the same class of offices.

 

Subd. 2.  Annual audit required.  A county must have an annual financial audit.  A county may choose to have the audit performed by the state auditor, or may choose to have the audit performed by a CPA firm meeting the requirements of section 326A.05.  The state auditor or a CPA firm may accept the records and audit of the Department of Human Services instead of examining county human service funds, if the audit of the Department of Human Services has been made within any period covered by the auditor's audit of other county records.

 

Subd. 3.  CPA firm audit.  A county audit performed by a CPA firm must meet the standards and be in the form required by the state auditor.  The state auditor may require additional information from the CPA firm if the state auditor determines that is in the public interest, but the state auditor must accept the audit unless the state auditor determines it does not meet recognized industry auditing standards or is not in the form required by the state auditor.  The state auditor may make additional examinations as the auditor determines to be in the public interest.

 

Subd. 4.  Audit availability; data.  A copy of the annual audit by the state auditor or by a CPA firm must be available for public inspection in the Office of the State Auditor and in the Office of the County Auditor.  If an audit is performed by a CPA firm, data relating to the audit are subject to the same data classifications that apply under section 6.715.  A CPA firm conducting a county audit must provide access to data relating to the audit and is liable for unlawful disclosure of the data as if it were a government entity under chapter 13.


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Subd. 5.  Reporting.  If an audit conducted by the state auditor or a CPA firm discloses malfeasance, misfeasance, or nonfeasance, the auditor must report this to the county attorney, who shall institute civil and criminal proceedings as the law and the protection of the public interests requires.

 

Subd. 6.  Payments to state auditor.  A county audited by the state auditor must pay the state auditor for the costs and expenses of the audit.  If the state auditor makes additional examinations of a county whose audit is performed by a CPA firm, the county must pay the auditor for the cost of these examinations.  Payments must be deposited in the state auditor enterprise fund.

 

Subd. 7.  Procedures for change of auditor.  A county that plans to change to or from the state auditor and a CPA firm must notify the state auditor of this change by August 1 of an even-numbered year.  Upon this notice, the following calendar year will be the first year's records that will be subject to an audit by the new entity.  A county that changes to or from the state auditor must have two annual audits done by the new entity.

 

Sec. 8.  Minnesota Statutes 2014, 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, and necessary utensils and supplies, entertainment, and facility rental for a fund-raising event;

 

(6) (5) 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) (6) payment for food and beverages consumed by a candidate or volunteers while they are engaged in campaign activities;

 

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

 

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

 

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

 

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


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

 

(13) (12) 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;

 

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

 

(15) (14) filing fees;

 

(16) (15) post-general election holiday or seasonal cards, thank-you notes, or advertisements in the news media mailed or published prior to the end of the election cycle;

 

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

 

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

 

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

 

(20) (19) the cost of a magnet less than six inches in diameter containing legislator contact information and distributed to constituents;

 

(21) (20) costs associated with a candidate attending a political party state or national convention in this state;

 

(22) (21) 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; and

 

(23) (22) costs paid to a third party for processing contributions made by a credit card, debit card, or electronic check.

 

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.

 

EFFECTIVE DATE.  This section is effective July 1, 2015, and applies to elections held on or after that date.

 

Sec. 9.  Minnesota Statutes 2014, section 10A.105, subdivision 1, is amended to read:

 

Subdivision 1.  Single committee.  A candidate must not accept contributions from a source, other than self, in aggregate in excess of $750 or accept a public subsidy unless the candidate designates and causes to be formed a single principal campaign committee for each office sought.  A candidate may not authorize, designate, or cause to be formed any other political committee bearing the candidate's name or title or otherwise operating under the direct or indirect control of the candidate.  However, a candidate may be involved in the direct or indirect control of a party unit.

 

EFFECTIVE DATE.  This section is effective July 1, 2015, and applies to elections held on or after that date.


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Sec. 10.  Minnesota Statutes 2014, section 10A.15, subdivision 1, is amended to read:

 

Subdivision 1.  Anonymous contributions.  A political committee, political fund, principal campaign committee, or party unit may not retain an anonymous contribution in excess of $20, but must forward it to the board for deposit in the general account of the state elections campaign account fund.

 

EFFECTIVE DATE.  This section is effective July 1, 2015.

 

Sec. 11.  Minnesota Statutes 2014, section 10A.245, subdivision 2, is amended to read:

 

Subd. 2.  Termination by board.  The board may terminate the registration of a principal campaign committee, party unit, political committee, or political fund found to be inactive under this section 60 days after sending written notice of inactivity by certified mail to the affected association at the last address on record with the board for that association.  Within 60 days after the board sends notice under this section, the affected association must dispose of its assets as provided in this subdivision.  The assets of the principal campaign committee, party unit, or political committee must be used for the purposes authorized by this chapter or section 211B.12 or must be liquidated and deposited in the general account of the state elections campaign account fund.  The assets of an association's political fund that were derived from the association's general treasury money revert to the association's general treasury.  Assets of a political fund that resulted from contributions to the political fund must be used for the purposes authorized by this chapter or section 211B.12 or must be liquidated and deposited in the general account of the state elections campaign account fund.

 

EFFECTIVE DATE.  This section is effective July 1, 2015.

 

Sec. 12.  Minnesota Statutes 2014, section 10A.257, subdivision 1, is amended to read:

 

Subdivision 1.  Unused funds.  For election cycles ending on or before December 31, 2016, after all campaign expenditures and noncampaign disbursements for an election cycle have been made, an amount up to 25 percent of the 2014 election cycle expenditure limit for the office may be carried forward.  Any remaining amount up to the total amount of the 2014 public subsidy from the state elections campaign fund must be returned to the state treasury for credit to the general fund under section 10A.324.  Any remaining amount in excess of the 2014 total public subsidy must be contributed to the state elections campaign account or a political party for multicandidate expenditures as defined in section 10A.275.

 

EFFECTIVE DATE.  This section is effective July 1, 2015, and applies to elections held on or after that date.

 

Sec. 13.  Minnesota Statutes 2014, section 10A.38, is amended to read:

 

10A.38 CAPTIONING OF CAMPAIGN ADVERTISEMENTS.

 

(a) This section applies to a campaign advertisement by a candidate who is governed by an agreement under section 10A.322.

 

(b) "Campaign advertisement" means a professionally produced visual or audio recording of two minutes or less produced by the candidate for the purpose of influencing the nomination or election of a candidate.

 

(c) (b) A campaign advertisement that is disseminated as an advertisement by broadcast or cable television must include closed captioning for deaf and hard-of-hearing viewers, unless the candidate has filed with the board before the advertisement is disseminated a statement setting forth the reasons for not doing so.  A campaign advertisement that is disseminated as an advertisement to the public on the candidate's Web site must include closed captioning for deaf and hard-of-hearing viewers, unless the candidate has posted on the Web site a transcript of the spoken content


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of the advertisement or the candidate has filed with the board before the advertisement is disseminated a statement setting forth the reasons for not doing so.  A campaign advertisement must not be disseminated as an advertisement by radio unless the candidate has posted on the candidate's Web site a transcript of the spoken content of the advertisement or the candidate has filed with the board before the advertisement is disseminated a statement setting forth the reasons for not doing so.

 

Sec. 14.  Minnesota Statutes 2014, section 14.02, is amended by adding a subdivision to read:

 

Subd. 5.  Substantial economic impact.  A rule has a "substantial economic impact" if the rule would result in, or likely result in:

 

(1) an adverse effect or impact on the private-sector economy of the state of Minnesota of $5,000,000 or more in a single year;

 

(2) a significant increase in costs or prices for consumers, individual private-sector industries, state agencies, local governments, individuals, or private-sector enterprises within certain geographic regions inside the state of Minnesota;

 

(3) significant adverse impacts on the competitiveness of private-sector Minnesota-based enterprises or on private-sector employment, investment, productivity, or innovation within the state of Minnesota; or

 

(4) compliance costs, in the first year after the rule takes effect, of more than $25,000 for any one business that has less than 50 full-time employees, or for any one statutory or home rule charter city that has less than ten full‑time employees.

 

Sec. 15.  Minnesota Statutes 2014, section 14.05, subdivision 1, is amended to read:

 

Subdivision 1.  Authority to adopt original rules restricted.  (a) Each agency shall adopt, amend, suspend, or repeal its rules:  (1) in accordance with the procedures specified in sections 14.001 to 14.69, and; (2) only pursuant to authority delegated by state or federal law; and (3) in full compliance with its duties and obligations.

 

(b) If a law authorizing rules is repealed, the rules adopted pursuant to that law are automatically repealed on the effective date of the law's repeal unless there is another law authorizing the rules.

 

(c) Except as provided in section 14.06, sections 14.001 to 14.69 shall not be authority for an agency to adopt, amend, suspend, or repeal rules.

 

Sec. 16.  Minnesota Statutes 2014, section 14.05, subdivision 2, is amended to read:

 

Subd. 2.  Authority to modify proposed rule.  (a) An agency may modify a proposed rule in accordance with the procedures of the Administrative Procedure Act.  However, an agency may not modify a proposed rule so that it is substantially different from the proposed rule in the notice of intent to adopt rules or notice of hearing.

 

(b) A modification does not make a proposed rule substantially different if:

 

(1) the differences are within the scope of the matter announced in the notice of intent to adopt or notice of hearing and are in character with the issues raised in that notice;

 

(2) the differences are a logical outgrowth of the contents of the notice of intent to adopt or notice of hearing and the comments submitted in response to the notice; and


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(3) the notice of intent to adopt or notice of hearing provided fair warning that the outcome of that rulemaking proceeding could be the rule in question.

 

(c) In determining whether the notice of intent to adopt or notice of hearing provided fair warning that the outcome of that rulemaking proceeding could be the rule in question the following factors must be considered:

 

(1) the extent to which persons who will be affected by the rule should have understood that the rulemaking proceeding on which it is based could affect their interests;

 

(2) the extent to which the subject matter of the rule or issues determined by the rule are different from the subject matter or issues contained in the notice of intent to adopt or notice of hearing; and

 

(3) the extent to which the effects of the rule differ from the effects of the proposed rule contained in the notice of intent to adopt or notice of hearing.

 

(d) A modification makes a proposed rule substantially different if the modification causes a rule that did not previously have a substantial economic impact to have a substantial economic impact.

 

Sec. 17.  Minnesota Statutes 2014, section 14.116, is amended to read:

 

14.116 NOTICE TO LEGISLATURE.

 

(a) By January 15 each year, each agency must submit its rulemaking docket maintained under section 14.366, and the official rulemaking record required under section 14.365 for any rule adopted during the preceding calendar year, to the chairs and ranking minority members of the legislative policy and budget committees with jurisdiction over the subject matter of the proposed rule and to the Legislative Coordinating Commission.  Each agency must post a link to its rulemaking docket on the agency Web site home page.

 

(b) When an agency mails notice of intent to adopt rules under section 14.14 or 14.22, the agency must send a copy of the same notice and a copy of the statement of need and reasonableness to the chairs and ranking minority party members of the legislative policy and budget committees with jurisdiction over the subject matter of the proposed rules and to the Legislative Coordinating Commission.

 

(c) In addition, if the mailing of the notice is within two years of the effective date of the law granting the agency authority to adopt the proposed rules, the agency shall make reasonable efforts to send a copy of the notice and the statement to all sitting legislators who were chief house of representatives and senate authors of the bill granting the rulemaking authority.  If the bill was amended to include this rulemaking authority, the agency shall make reasonable efforts to send the notice and the statement to the chief house of representatives and senate authors of the amendment granting rulemaking authority, rather than to the chief authors of the bill.

 

Sec. 18.  Minnesota Statutes 2014, section 14.127, is amended to read:

 

14.127 LEGISLATIVE APPROVAL REQUIRED.

 

Subdivision 1.  Cost thresholds Substantial economic impact.  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 has a substantial economic impact, as defined in section 14.02, subdivision 5.


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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 agency gives notice under section 14.14, 14.22, 14.225, or 14.389.  The administrative law judge must review and approve or disapprove the agency determination under this section.

 

Subd. 3.  Legislative approval required.  (a) If the agency determines that a proposed rule has a substantial economic impact, the agency must request the legislative auditor to convene a five-person peer review advisory panel to conduct an impact analysis of the proposed rule.  Within 30 days of receipt of the agency's request, the legislative auditor shall convene a peer review advisory panel.  The advisory panel must be made up of individuals who have not directly or indirectly been involved in the work conducted or contracted by the agency and who are not employed by the agency.  The agency must pay each panel member for the costs of the person's service on the panel, as determined by the legislative auditor.  The agency shall transfer an amount from the agency's operating budget to the legislative auditor to pay for costs for convening the peer review advisory panel process.  The panel may receive written and oral comments from the public during its review.  The panel must submit its report within 60 days of being convened.  The agency must receive a final report from the panel before the agency conducts a public hearing on a proposed rule or, if no hearing is held, before the rule is submitted to the administrative law judge.  The panel's report must include its conclusions on the extent to which the proposed rule:

 

(1) is based on sound, reasonably available scientific, technical, economic, or other information or rationale; and

 

(2) is more restrictive than a standard, limitation, or requirement imposed by federal law or rule pertaining to the same subject matter.

 

(b) If the agency determines that a rule does not have a substantial economic impact, the administrative law judge must review this determination.  If the administrative law judge determines that a rule may have a substantial economic impact, the agency must have the legislative auditor arrange for the analysis required by paragraph (a), and the agency must give new notice of intent to adopt the proposed rule after receiving this analysis.  The administrative law judge may make this determination as part of the administrative law judge's report on the proposed rule, or at any earlier time after the administrative law judge is assigned to the rule proceeding.

 

(c) If the agency determines that the cost exceeds the threshold in subdivision 1 proposed rule has a substantial economic impact, or if the administrative law judge disapproves the agency's determination that the cost does rule 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 have a substantial economic impact, the agency or the administrative law judge shall deliver the determination and peer review advisory panel report to the Legislative Coordinating Commission and to the chairs and ranking minority members of the house of representatives and senate committees and divisions with jurisdiction over the subject matter of the rule, and the proposed rule does not take effect until the rule is 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) (b) 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.


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(d) (c) 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 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 has a substantial economic impact, but that a severable portion of a proposed rule does not exceed the threshold in subdivision 1 have a substantial economic impact, the administrative law judge may provide that the severable portion of the rule that does not exceed the threshold have a substantial economic impact may take effect without legislative approval.

 

Sec. 19.  Minnesota Statutes 2014, section 14.131, is amended to read:

 

14.131 STATEMENT OF NEED AND REASONABLENESS.

 

By the date of the section 14.14, subdivision 1a, 14.22, or 14.225, notice, the agency must prepare, review, and make available for public review a statement of the need for and reasonableness of the rule.  The statement of need and reasonableness must be prepared under rules adopted by the chief administrative law judge and must include the following to the extent the agency, through reasonable effort, can ascertain this information:

 

(1) a description of the classes of persons who probably will be affected by the proposed rule, including classes that will bear the costs of the proposed rule and classes that will benefit from the proposed rule;

 

(2) the probable costs to the agency and to any other agency of the implementation and enforcement of the proposed rule and any anticipated effect on state revenues;

 

(3) a determination of whether there are less costly methods or less intrusive methods for achieving the purpose of the proposed rule;

 

(4) a description of any alternative methods for achieving the purpose of the proposed rule that were seriously considered by the agency and the reasons why they were rejected in favor of the proposed rule;

 

(5) the probable costs of complying with the proposed rule, including the portion of the total costs that will be borne by identifiable categories of affected parties, such as separate classes of governmental units, businesses, or individuals;

 

(6) the probable costs or consequences of not adopting the proposed rule, including those costs or consequences borne by identifiable categories of affected parties, such as separate classes of government units, businesses, or individuals;

 

(7) an assessment of any differences between the proposed rule and existing federal regulations and a specific analysis of the need for and reasonableness of each difference; and

 

(8) an assessment of the cumulative effect of the rule with other federal and state regulations related to the specific purpose of the rule.; and

 

(9) the agency's findings and conclusions that support its determination that the proposed rule does or does not have a substantial economic impact.


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The statement must describe how the agency, in developing the rules, considered and implemented the legislative policy supporting performance-based regulatory systems set forth in section 14.002 in a cost-effective and timely manner.

 

For purposes of clause (8), "cumulative effect" means the impact that results from incremental impact of the proposed rule in addition to other rules, regardless of what state or federal agency has adopted the other rules.  Cumulative effects can result from individually minor but collectively significant rules adopted over a period of time.

 

The statement must describe, with reasonable particularity, the scientific, technical, economic, or other information and rationale that supports the proposed rule.

 

The statement must also describe the agency's efforts to provide additional notification under section 14.14, subdivision 1a, to persons or classes of persons who may be affected by the proposed rule or must explain why these efforts were not made.

 

The agency must consult with the commissioner of management and budget to help evaluate the fiscal impact and fiscal benefits of the proposed rule on units of local government.  The agency must send a copy of the statement of need and reasonableness to the Legislative Reference Library when the notice of hearing is mailed under section 14.14, subdivision 1a.

 

Sec. 20.  Minnesota Statutes 2014, section 14.388, subdivision 2, is amended to read:

 

Subd. 2.  Notice.  An agency proposing to adopt, amend, or repeal a rule under this section must give notice to the chairs and ranking minority members of the legislative policy and budget committees with jurisdiction over the subject matter of the proposed rules and to the Legislative Coordinating Commission, must give electronic notice of its intent in accordance with section 16E.07, subdivision 3, and must give notice by United States mail or electronic mail to persons who have registered their names with the agency under section 14.14, subdivision 1a.  The notice must be given no later than the date the agency submits the proposed rule to the Office of Administrative Hearings for review of its legality and must include:

 

(1) the proposed rule, amendment, or repeal;

 

(2) an explanation of why the rule meets the requirements of the good cause exemption under subdivision 1; and

 

(3) a statement that interested parties have five business days after the date of the notice to submit comments to the Office of Administrative Hearings.

 

Sec. 21.  Minnesota Statutes 2014, section 14.389, subdivision 2, is amended to read:

 

Subd. 2.  Notice and comment.  The agency must publish notice of the proposed rule in the State Register and, must mail the notice by United States mail or electronic mail to persons who have registered with the agency to receive mailed notices, and must give notice to the chairs and ranking minority members of the legislative policy and budget committees with jurisdiction over the subject matter of the proposed rules and to the Legislative Coordinating Commission.  The mailed notice and the notice to legislators must include either a copy of the proposed rule or a description of the nature and effect of the proposed rule and a statement that a free copy is available from the agency upon request.  The notice in the State Register must include the proposed rule or the amended rule in the form required by the revisor under section 14.07, an easily readable and understandable summary of the overall nature and effect of the proposed rule, and a citation to the most specific statutory authority for the rule, including authority for the rule to be adopted under the process in this section.  The agency must allow 30 days after publication in the State Register for comment on the rule.


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Sec. 22.  Minnesota Statutes 2014, section 14.44, is amended to read:

 

14.44 DETERMINATION OF VALIDITY OF RULE.

 

(a) The validity of any rule, or the validity of any agency policy, guideline, bulletin, criterion, manual standard, or similar pronouncement that the petitioner believes is a rule as defined in section 14.02, subdivision 4, may be determined upon the petition for a declaratory judgment thereon, addressed to the Court of Appeals, when it appears that the rule or pronouncement, or its threatened application, interferes with or impairs, or threatens to interfere with or impair the legal rights or privileges of the petitioner.  The agency shall be made a party to the proceeding.  The declaratory judgment may be rendered whether or not the petitioner has first requested the agency to pass upon the validity of the rule in question, whether or not the petitioner has petitioned the Office of Administrative Hearings under section 14.381, and whether or not the agency has commenced an action against the petitioner to enforce the rule.

 

(b) If the subject of the petition is an agency policy, guideline, bulletin, criterion, manual standard, or similar pronouncement, the agency must cease enforcement of the pronouncement upon filing of the petition until the Court of Appeals rules on the matter.  The agency is liable for all costs associated with review of the petition.  If the Court of Appeals rules in favor of the agency, the agency may recover all or a portion of the cost from the petitioner unless the petitioner is entitled to proceed in forma pauperis under section 563.01, or the court determines that the petition was brought in good faith or the assessment of the costs would constitute an undue hardship for the petitioner. 

 

Sec. 23.  Minnesota Statutes 2014, section 14.45, is amended to read:

 

14.45 RULE DECLARED INVALID.

 

In proceedings under section 14.44, the court shall declare the rule or agency pronouncement invalid if it finds that it violates constitutional provisions or exceeds the statutory authority of the agency or if the rule was adopted or the pronouncement was improperly implemented without compliance with statutory rulemaking procedures.  Any party to proceedings under section 14.44, including the agency, may appeal an adverse decision of the Court of Appeals to the Supreme Court as in other civil cases.

 

Sec. 24.  [15.0145] ETHNIC COUNCILS.

 

Subdivision 1.  Three ethnic councils; creation.  (a) The Minnesota Council on Latino Affairs includes public members with an ethnic heritage from Mexico, any of the countries in Central or South America, Cuba, the Dominican Republic, or Puerto Rico. 

 

(b) The Minnesota African Heritage Council includes public members of black African ancestry.

 

(c) The Council on Asian-Pacific Minnesotans includes public members with an ethnic heritage from any of the countries east of, and including, Afghanistan or the Pacific Islands.

 

Subd. 2.  Membership.  (a) Each council has 15 voting members.  Eleven members of each council are public members appointed by the governor.  Four members of each council are legislators.

 

(b) The governor shall appoint 11 members of each council as follows:

 

(1) the Minnesota Council on Latino Affairs must include one member representing each of the state's congressional districts and three members appointed at-large.  The governor must attempt to ensure that the demographic composition of council members accurately reflects the demographic composition of Minnesota's Latino community, including recent immigrants, as determined by the state demographer;


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(2) the Minnesota African Heritage Council must include members who are broadly representative of the African heritage community of the state.  The council must include at least five females.  At least three members must be first or second generation African immigrants, who generally reflect the demographic composition of these African immigrants, as determined by the state demographer; and

 

(3) the Council on Asian-Pacific Minnesotans must include one member from each of the five ancestries with the state's highest percentages of Asian-Pacific populations, as determined by the state demographer.  The other six members must be broadly representative of the rest of the Asian-Pacific population, with no more than one council member from any one ancestry.  For purposes of this clause, ancestry refers to heritage that is commonly accepted in Minnesota as a unique population.

 

(c) Four legislators are voting members of each council.  The speaker of the house and the house minority leader shall each appoint one member to each council.  The Subcommittee on Committees of the senate Committee on Rules and Administration shall appoint one member of the majority caucus and one member of the minority caucus to each council.

 

(d) The governor may appoint a commissioner of a state agency or a designee of that commissioner to serve as an ex-officio, nonvoting member of a council.

 

Subd. 3.  Appointments; terms; removal.  (a) In making appointments to a council, the governor shall consider an appointee's proven dedication and commitment to the council's community and any expertise possessed by the appointee that might be beneficial to the council, such as experience in public policy, legal affairs, social work, business, or management.  The executive director of a council and legislative members may offer advice to the governor on applicants seeking appointment.

 

(b) Terms, compensation, and filling of vacancies for members appointed by the governor are as provided in section 15.059.  Removal of members appointed by the governor is governed by section 15.059, except that:  (1) a member who missed more than half of the council meetings convened during a 12-month period automatically is removed from the council; and (2) a member appointed by the governor may be removed by a vote of three of the four legislative members of the council.  The chair of a council shall inform the governor of the need for the governor to fill a vacancy on the council.  Legislative members serve at the pleasure of their appointing authority.

 

(c) A member appointed by the governor may serve no more than a total of eight years on a council.  A legislator may serve no more than eight consecutive years or 12 nonconsecutive years on any one council.

 

Subd. 4.  Training; executive committee; meetings; support.  (a) A member appointed by the governor must attend orientation training within the first six months of service for each term.  The commissioner of administration must arrange for the training to include but not be limited to the legislative process, government data practices, open meeting law, Robert's Rules of Order, fiscal management, and human resources.  The governor must remove a member who does not complete the training.

 

(b) Each council shall annually elect from among the members appointed by the governor a chair and other officers it deems necessary.  These officers and one legislative member selected by the council shall serve as the executive committee of the council.

 

(c) Forty percent of voting members of a council constitutes a quorum.  A quorum is required to conduct council business.  A council member may not vote on any action if the member has a conflict of interest under section 10A.07.

 

(d) Each council shall receive administrative support from the commissioner of administration under section 16B.371.


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Subd. 5.  Executive director; staff.  (a) The Legislative Coordinating Commission must appoint an executive director for each council.  The executive director must be experienced in administrative activities and familiar with the challenges and needs of the ethnic council's larger community.  The executive director serves in the unclassified service at the pleasure of the Legislative Coordinating Commission.

 

(b) The Legislative Coordinating Commission must establish a process for recruiting and selecting applicants for the executive director positions.  This process must include consultation and collaboration with the applicable council.

 

(c) The executive director and applicable council members must work together in fulfilling council duties.  The executive director must consult with the commissioners of administration and management and budget to ensure appropriate financial, purchasing, human resources, and other services for operation of the council.  The executive director must appoint and supervise the work of other staff necessary to carry out the duties of the council.  The executive director and other council staff are executive branch employees.

 

Subd. 6.  Duties of council.  (a) A council must work for the implementation of economic, social, legal, and political equality for its constituency.  The council shall work with the legislature and governor to carry out this work by performing the duties in this section.

 

(b) A council shall advise the governor and the legislature on issues confronting the constituency of the council.  This may include, but is not limited to, presenting the results of surveys, studies, and community forums to the appropriate executive departments and legislative committees.

 

(c) A council shall advise the governor and the legislature of administrative and legislative changes needed to improve the economic and social condition of the constituency of the council.  This may include but is not limited to working with legislators to develop politically feasible legislation to address these issues and to work for passage of the legislation.  This may also include making recommendations regarding the state's affirmative action program and the state's targeted group small business program, or working with state agencies and organizations to develop business opportunities and promote economic development for the constituency of the council.

 

(d) A council shall advise the governor and the legislature of the implications and effect of proposed administrative and legislative changes on the constituency of the council.  This may include but is not limited to tracking legislation, testifying as appropriate, and meeting with executive departments and legislators.

 

(e) A council shall serve as a liaison between state government and organizations that serve the constituency of the council.  This may include but is not limited to working with these organizations to carry out the duties in paragraphs (a) to (d), and working with these organizations to develop informational programs or publications to involve and empower the constituency in seeking improvement in their economic and social conditions.

 

(f) A council shall perform or contract for the performance of studies designed to suggest solutions to the problems of the constituency of the council in the areas of education, employment, human rights, health, housing, social welfare, and other related areas.

 

(g) In carrying out duties under this subdivision, councils may act to advise on issues that affect the shared constituencies of more than one council.

 

Subd. 7.  Duties of council members.  A council member shall:

 

(1) attend and participate in scheduled meetings and be prepared by reviewing meeting notes;

 

(2) maintain and build communication with the community represented;


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(3) collaborate with the council and executive director in carrying out the council's duties; and

 

(4) participate in activities the council or executive director deem appropriate and necessary to facilitate the goals and duties of the council.

 

Subd. 8.  Reports.  A council must report on the measurable outcomes achieved in the council's current strategic plan to meet its statutory duties, along with the specific objectives and outcome measures proposed for the following year.  The council must submit the report by January 15 each year to the chairs of the committees in the house of representatives and the senate with primary jurisdiction over state government operations.  Each report must cover the calendar year of the year before the report is submitted.  The specific objectives and outcome measures for the following current year must focus on three or four achievable objectives, action steps, and measurable outcomes for which the council will be held accountable.  The strategic plan may include other items that support the statutory purposes of the council but should not distract from the primary statutory proposals presented.  The funding request of each council, after approval by the Legislative Coordinating Commission, must also be presented by February 1 in each odd-numbered year.

 

Sec. 25.  [16A.0565] CENTRALIZED TRACKING LIST OF AGENCY PROJECTS.

 

Subdivision 1.  Centralized tracking.  The commissioner must maintain a centralized tracking list of new agency projects estimated to cost more than $100,000 that are paid for from the general fund.

 

Subd. 2.  New agency project.  (a) For purposes of this section a "new agency project" means:

 

(1) any new agency program or activity with more than $100,000 in funding from the general fund; and

 

(2) any pre-existing agency program or activity with an increase of $100,000 or more above the base level in general fund support. 

 

(b) For purposes of this section, a new agency project does not include:

 

(i) general aid programs for units of local government, or entitlement programs providing assistance to individuals; or

 

(ii) a new program or activity or increase in a program or activity that is mandated by law.

 

Subd. 3.  Transparency requirements.  The centralized tracking list maintained by the commissioner must report the following for each new agency project:

 

(1) name of the agency and title of the project;

 

(2) a brief description of the project and its purposes;

 

(3) the extent to which the project has been implemented; and

 

(4) the amount of money that has been spent on the project.

 

Subd. 4.  Timing and reporting.  The commissioner must display the information required by subdivision 3 on the department's Web site.  The list shall be maintained in a widely available and common document format such as a spreadsheet, that does not require any new costs to develop.  The commissioner must report this information to the chairs of the house of representatives Ways and Means Committee and senate Finance Committee quarterly, and must update the information on the Web site at least quarterly.


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Sec. 26.  Minnesota Statutes 2014, section 16A.065, is amended to read:

 

16A.065 PREPAY SOFTWARE, SUBSCRIPTIONS, UNITED STATES DOCUMENTS.

 

Notwithstanding section 16A.41, subdivision 1, the commissioner may allow an agency to make advance deposits or payments for software or software maintenance services for state-owned or leased electronic data processing equipment, for information technology hosting services, for sole source maintenance agreements where it is not cost-effective to pay in arrears, for exhibit booth space or boat slip rental when required by the renter to guarantee the availability of space, for registration fees where advance payment is required or advance payment discount is provided, and for newspaper, magazine, and other subscription fees customarily paid for in advance.  The commissioner may also allow advance deposits by any department with the Library of Congress and federal Supervisor of Documents for items to be purchased from those federal agencies.

 

Sec. 27.  Minnesota Statutes 2014, section 16A.103, is amended by adding a subdivision to read:

 

Subd. 1h.  Revenue uncertainty information.  The commissioner shall report to the legislature within 14 days of a forecast under subdivision 1 on uncertainty in Minnesota's general fund revenue projections.  The report shall present information on:  (1) the estimated range of forecast error for revenues and (2) the data and methods used to construct those measurements.

 

Sec. 28.  Minnesota Statutes 2014, section 16A.11, is amended by adding a subdivision to read:

 

Subd. 3d.  Consideration of general incentives.  In supplement to, and under the same deadline as, the governor's budget submission under subdivision 3, the commissioner shall submit a report identifying each general incentive for which an evaluation was completed under section 3.9735 in accordance with this section since the governor's previous budget submission.  For each evaluated incentive, the commissioner's report shall include a recommendation for whether the incentive should be continued or modified, or whether the state would be better served by using other incentives or strategies to achieve the incentive's goals.  The commissioner's report must include the rationale for each recommendation.

 

Sec. 29.  Minnesota Statutes 2014, section 16A.11, is amended by adding a subdivision to read:

 

Subd. 3e.  Consideration of best practices for exclusive incentives.  If a new analysis of best practices for exclusive incentives under section 3.9735 has been completed since the governor's previous budget submission, the commissioner's report under subdivision 3d shall include recommendations for when and how Minnesota should offer and manage exclusive incentives in the future and how they should be structured.  The commissioner's report must include the rationale for each recommendation.

 

Sec. 30.  Minnesota Statutes 2014, section 16B.24, is amended by adding a subdivision to read:

 

Subd. 12.  State band.  The commissioner must provide free rehearsal and storage space in the same building in the Capitol Area to an entity known as the Minnesota State Band, which is a tax exempt organization under section 501(c)(3) of the Internal Revenue Code.

 

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

 

Sec. 31.  Minnesota Statutes 2014, section 16B.335, subdivision 1, is amended to read:

 

Subdivision 1.  Construction and major remodeling.  (a) The commissioner, or any other recipient to whom an appropriation is made to acquire or better public lands or buildings or other public improvements of a capital nature, must not prepare final plans and specifications for any construction, major remodeling, or land acquisition in


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anticipation of which the appropriation was made until the agency that will use the project has presented the program plan and cost estimates for all elements necessary to complete the project to the chair of the senate Finance Committee and the chair of the house of representatives Ways and Means Committee and the chairs have made their recommendations, and the chair and ranking minority member of the senate Capital Investment Committee and the chair and ranking minority member of the house of representatives Capital Investment Committee are notified.  "Construction or major remodeling" means construction of a new building, a substantial addition to an existing building, or a substantial change to the interior configuration of an existing building.  The presentation must note any significant changes in the work that will be done, or in its cost, since the appropriation for the project was enacted or from the predesign submittal.  The program plans and estimates must be presented for review at least two weeks before a recommendation is needed.  The recommendations are advisory only.  Failure or refusal to make a recommendation is considered a negative recommendation. 

 

(b) The chairs and ranking minority members of the senate Finance and Capital Investment Committees and, the house of representatives Capital Investment and Ways and Means Committees, and the house of representatives and senate budget committees or divisions with jurisdiction over the agency that will use the project must also be notified whenever there is a substantial change in a construction or major remodeling project, or in its cost.  This notice must include the nature and reason for the change, and the anticipated cost of the change.  The notice must be given no later than 10 days after signing a change order or other document authorizing a change in the project, or if there is not a change order or other document, no later than 10 days after the project owner becomes aware of a substantial change in the project or its cost.

 

(b) (c) Capital projects exempt from the requirements of this subdivision in paragraph (a) to seek recommendations before preparing final plans and specifications include demolition or decommissioning of state assets, hazardous material projects, utility infrastructure projects, environmental testing, parking lots, parking structures, park and ride facilities, bus rapid transit stations, light rail lines, passenger rail projects, exterior lighting, fencing, highway rest areas, truck stations, storage facilities not consisting primarily of offices or heated work areas, roads, bridges, trails, pathways, campgrounds, athletic fields, dams, floodwater retention systems, water access sites, harbors, sewer separation projects, water and wastewater facilities, port development projects for which the commissioner of transportation has entered into an assistance agreement under section 457A.04, ice centers, a local government project with a construction cost of less than $1,500,000, or any other capital project with a construction cost of less than $750,000.  The requirements in paragraph (b) to give notice of changes applies to these projects.

 

Sec. 32.  Minnesota Statutes 2014, section 16B.371, is amended to read:

 

16B.371 ASSISTANCE TO SMALL AGENCIES.

 

(a) The commissioner may must provide administrative support services to a small agencies agency requesting these services.  To promote efficiency and cost-effective use of state resources, and to improve financial controls, the commissioner may require a small agency to receive administrative support services through the Department of Administration or through another agency designated by the commissioner.  Services subject to this section include finance, accounting, payroll, purchasing, human resources, and other services designated by the commissioner.  The commissioner may determine what constitutes a small agency for purposes of this section.  The commissioner, in consultation with the commissioner of management and budget and small agencies, shall evaluate small agencies' needs for administrative support services.  If the commissioner provides administrative support services to a small agency, the commissioner must enter into a service level agreement with the agency, specifying the services to be provided and the costs and anticipated outcomes of the services.

 

(b) The Chicano Latino Affairs Council, the Council on Black Minnesotans, the Council on Asian-Pacific Minnesotans, the Indian Affairs Council, and the Minnesota State Council on Disability must use the services specified in paragraph (a).


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(c) The commissioner of administration may assess agencies for services it provides under this section.  The amounts assessed are appropriated to the commissioner.

 

(d) For agencies covered in this section, the commissioner has the authority to require the agency to comply with applicable state finance, accounting, payroll, purchasing, and human resources policies.  The agencies served retain the ownership and responsibility for spending decisions and for ongoing implementation of appropriate business operations.

 

Sec. 33.  [16B.4805] ACCOMMODATION REIMBURSEMENT.

 

Subdivision 1.  Definitions.  (a) "Reasonable accommodation" as used in this section has the meaning given in section 363A.08.

 

(b) "State agency" as used in this section has the meaning given in section 16A.011, subdivision 12. 

 

(c) "Reasonable accommodations eligible for reimbursement" as used in this section means: 

 

(1) reasonable accommodations provided to applicants for employment;

 

(2) reasonable accommodations for employees for services that will need to be provided on a periodic or ongoing basis; or

 

(3) reasonable accommodations that involve onetime expenses that total more than $1,000 for an employee in a fiscal year.

 

Subd. 2.  Reimbursement for making reasonable accommodation.  The commissioner of administration shall reimburse state agencies for expenses incurred in making reasonable accommodations eligible for reimbursement for agency employees and applicants for employment to the extent that funds are available in the accommodation account established under subdivision 3 for this purpose.

 

Subd. 3.  Accommodation account established.  The accommodation account is created as an account in the special revenue fund for reimbursing state agencies for expenses incurred in providing reasonable accommodations eligible for reimbursement for agency employees and applicants for agency employment.

 

Subd. 4.  Administration costs.  The commissioner may use up to 15 percent of the biennial appropriation for administration of this section.

 

Subd. 5.  Notification.  By August 1, 2015, or within 30 days of final enactment, whichever is later, and each year thereafter by June 30, the commissioner of administration must notify state agencies that reimbursement for expenses incurred to make reasonable accommodations eligible for reimbursement for agency employees and applicants for agency employment is available under this section.

 

Subd. 6.  Report.  By January 31 of each year, the commissioner of administration must report to the chairs and ranking minority members of the house of representatives and the senate committees with jurisdiction over state government finance on the use of the central accommodation fund during the prior calendar year.  The report must include: 

 

(1) the number and type of accommodations requested;

 

(2) the cost of accommodations requested;


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(3) the state agencies from which the requests were made;

 

(4) the number of requests made for employees and the number of requests for applicants for employment;

 

(5) the number and type of accommodations that were not provided;

 

(6) any remaining balance left in the fund;

 

(7) if the fund was depleted, the date on which funds were exhausted and the number, type, and cost of accommodations that were not reimbursed to state agencies; and

 

(8) a description of how the fund was promoted to state agencies.

 

Subd. 7.  Funding.  The commissioner of management and budget must determine the amount of money to be deposited in the accommodation account each fiscal year.  The commissioner must require each executive agency to make payments into the account from amounts appropriated for agency operations.  The commissioner must implement policies and procedures to divide this amount among executive agencies.  If the commissioner determines that it is not practical for an agency to make payments into a central account due to legal restrictions on use of the agency's appropriations, the commissioner shall require the agency to set aside money within its own operating funds, to be used only for purposes of this section.  The amounts paid into the account are appropriated to the commissioner of administration for purposes of this section.

 

EFFECTIVE DATE.  This section is effective July 1, 2015.  Reimbursement is available for accommodation expenses incurred after June 30, 2015.

 

Sec. 34.  Minnesota Statutes 2014, section 16B.97, subdivision 1, is amended to read:

 

Subdivision 1.  Grant agreement.  (a) A grant agreement is a written instrument or electronic document defining a legal relationship between a granting agency and a grantee when the principal purpose of the relationship is to transfer cash or something of value to the recipient to support a public purpose authorized by law instead of acquiring by professional or technical contract, purchase, lease, or barter property or services for the direct benefit or use of the granting agency.

 

(b) This section does not apply to capital project grants to political subdivisions as defined by section 16A.86.

 

Sec. 35.  Minnesota Statutes 2014, section 16B.97, is amended by adding a subdivision to read:

 

Subd. 6.  Commerce grants.  The office must monitor grants made by the Department of Commerce.

 

Sec. 36.  [16B.991] TERMINATION OF GRANT.

 

Each grant agreement subject to sections 16B.97 and 16B.98 must provide that the agreement will immediately be terminated if:

 

(1) the recipient is convicted of a criminal offense relating to a state grant agreement; or

 

(2) the agency entering into the grant agreement or the commissioner of administration determines that the grant recipient is under investigation by a federal agency, a state agency, or a local law enforcement agency for matters relating to administration of a state grant.


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Sec. 37.  [16B.992] NO FEES FOR GENERAL FUND GRANT ADMINISTRATION.

 

An agency may not charge a recipient of a grant from the general fund a fee and may not deduct money from the grant to pay administrative expenses incurred by the agency in administering the grant.

 

Sec. 38.  Minnesota Statutes 2014, section 16C.03, subdivision 16, is amended to read:

 

Subd. 16.  Delegation of duties.  (a) The commissioner may delegate duties imposed by this chapter to the head of an agency and to any subordinate of the agency head.  At least once every three years the commissioner must audit use of authority under this chapter by each employee whom the commissioner has delegated duties.

 

(b) The commissioner must develop guidelines for agencies and employees to whom authority is delegated under this chapter that protect state legal interests.  These guidelines may provide for review by the commissioner when a specific contract has potential to put the state's legal interests at risk.

 

Sec. 39.  Minnesota Statutes 2014, section 16C.16, subdivision 6a, is amended to read:

 

Subd. 6a.  Veteran-owned small businesses.  (a) Except when mandated by the federal government as a condition of receiving federal funds, the commissioner shall award up to a six percent preference, but no less than the percentage awarded to any other group under this section, in the amount bid on state procurement to certified small businesses that are majority-owned and operated by veterans.

 

(b) The purpose of this designation is to facilitate the transition of veterans from military to civilian life, and to help compensate veterans for their sacrifices, including but not limited to their sacrifice of health and time, to the state and nation during their military service, as well as to enhance economic development within Minnesota.

 

(c) Before the commissioner certifies that a small business is majority-owned and operated by a veteran, the commissioner of veterans affairs must verify that the owner of the small business is a veteran, as defined in section 197.447.

 

Sec. 40.  Minnesota Statutes 2014, section 16C.19, is amended to read:

 

16C.19 ELIGIBILITY; RULES.

 

(a) A small business wishing to participate in the programs under section 16C.16, subdivisions 4 to 7, must be certified by the commissioner.  The commissioner shall adopt by rule standards and procedures for certifying that small targeted group businesses, small businesses located in economically disadvantaged areas, and veteran-owned small businesses are eligible to participate under the requirements of sections 16C.16 to 16C.21.  The commissioner shall adopt by rule standards and procedures for hearing appeals and grievances and other rules necessary to carry out the duties set forth in sections 16C.16 to 16C.21.

 

(b) The commissioner may make rules which exclude or limit the participation of nonmanufacturing business, including third-party lessors, brokers, franchises, jobbers, manufacturers' representatives, and others from eligibility under sections 16C.16 to 16C.21.

 

(c) The commissioner may make rules that set time limits and other eligibility limits on business participation in programs under sections 16C.16 to 16C.21.


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(d) Notwithstanding paragraph (c) (a), for purposes of sections 16C.16 to 16C.21, a veteran-owned small business, the principal place of business of which is in Minnesota, is certified if:

 

(1) it has been verified by the United States Department of Veterans Affairs as being either a veteran-owned small business or a service-disabled veteran-owned small business, in accordance with Public Law 109-461 and Code of Federal Regulations, title 38, part 74.; or

 

(2) the veteran-owned small business supplies the commissioner with proof that the small business is majority‑owned and operated by:

 

(i) a veteran as defined in section 197.447; or

 

(ii) a veteran with a service-connected disability, as determined at any time by the United States Department of Veterans Affairs.

 

(e) Until rules are adopted pursuant to paragraph (a) for the purpose of certifying veteran-owned small businesses, the provisions of Minnesota Rules, part 1230.1700, may be read to include veteran-owned small businesses.  In addition to the documentation required in Minnesota Rules, part 1230.1700, the veteran owner must have been discharged under honorable conditions from active service, as indicated by the veteran owner's most current United States Department of Defense form DD-214.

 

(f) Notwithstanding paragraph (a), for purposes of sections 16C.16 to 16C.21, a minority- or woman-owned small business, the principal place of business of which is in Minnesota, is certified if it has been certified by the Minnesota unified certification program under the provisions of Code of Federal Regulations, title 49, part 26.

 

Sec. 41.  Minnesota Statutes 2014, section 16E.01, is amended to read:

 

16E.01 OFFICE OF MN.IT SERVICES.

 

Subdivision 1.  Creation; chief information officer.  The Office of MN.IT Services, referred to in this chapter as the "office," is an agency in the executive branch headed by a commissioner, who also is the state chief information officer.  The appointment of the commissioner 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 telecommunications technology policy and the management, delivery, accessibility, and security of information and telecommunications technology systems and services in Minnesota the executive branch of state government.  The office shall manage strategic investments in information and telecommunications technology systems and services to encourage the development of a technically literate society, to ensure sufficient access to and efficient delivery of accessible state government services, and to maximize benefits for the state government as an enterprise.

 

Subd. 2.  Discretionary powers.  The office may:

 

(1) enter into contracts for goods or services with public or private organizations and charge fees for services it provides;

 

(2) apply for, receive, and expend money from public agencies;

 

(3) apply for, accept, and disburse grants and other aids from the federal government and other public or private sources;


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(4) enter into contracts with agencies of the federal government, local governmental units, the University of Minnesota and other educational institutions, and private persons and other nongovernmental organizations as necessary to perform its statutory duties;

 

(5) sponsor and conduct conferences and studies, collect and disseminate information, and issue reports relating to information and communications technology issues; and

 

(6) review the technology infrastructure of regions of the state and cooperate with and make recommendations to the governor, legislature, state agencies, local governments, local technology development agencies, the federal government, private businesses, and individuals for the realization of information and communications technology infrastructure development potential;

 

(7) sponsor, support, and facilitate innovative and collaborative economic and community development and government services projects, including technology initiatives related to culture and the arts, with public and private organizations; and

 

(8) (6) review and recommend alternative sourcing strategies for state information and communications systems.

 

Subd. 3.  Duties.  (a) The office shall:

 

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

 

(2) approve state agency and intergovernmental information and 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) ensure cooperation and collaboration among state and local governments in developing intergovernmental information and telecommunications technology systems and services, and define the structure and responsibilities of 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 online service and information initiative;

 

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

 

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


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

 

(11) (10) 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;

 

(12) (11) eliminate unnecessary duplication of existing information and telecommunications technology systems and services provided by state agencies;

 

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

 

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

 

(15) (14) manage and direct compliance with accessibility standards for informational technology, including hardware, software, Web sites, online forms, and online surveys.

 

(b) The chief information officer, in consultation with the commissioner of management and budget, must determine when it is cost-effective for agencies to develop and use shared information and telecommunications technology systems and services for the delivery of electronic government services.  The 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 management and budget 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.

 

(c) A state agency that has an information and telecommunications technology project with a total expected project cost of more than $1,000,000 $100,000, whether funded as part of the biennial budget or by any other means, shall register with the office by submitting basic project startup documentation, as specified by the chief information officer in both format and content, before any project funding is requested or committed and before the project commences.  State agency project leaders must demonstrate that the project will be properly managed, provide updates to the project documentation as changes are proposed, and regularly report on the current status of the project on a schedule agreed to with the chief information officer.

 

(d) The chief information officer shall monitor progress on any active information and telecommunications technology project with a total expected project cost of more than $5,000,000 and report on the performance of the project in comparison with the plans for the project in terms of time, scope, and budget.  The chief information officer may conduct an independent project audit of the project.  The audit analysis and evaluation of the projects subject to paragraph (c) must be presented to agency executive sponsors, the project governance bodies, and the chief information officer.  All reports and responses must become part of the project record.  The chief information officer must prepare a monthly progress report for each active information and telecommunications technology project over $1,000,000.  The report must be provided to the technology advisory council and must be available on the office's Web site.

 

(e) For any active information and telecommunications technology project with a total expected project cost of more than $10,000,000, the state agency must perform an annual independent audit that conforms to published project audit principles promulgated by the office.


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(f) The chief information officer shall report by January 15 of each year to the chairs and ranking minority members of the legislative committees and divisions with jurisdiction over the office regarding projects the office has reviewed under paragraph (a), clause (13).  The report must include the reasons for the determinations made in the review of each project and a description of its current status.

 

Subd. 4.  Limits.  The office may not enter into any new contracts or other agreements to provide services to political subdivisions.  This subdivision does not prevent political subdivisions from purchasing goods or services from outside vendors through state contracts, and does not prevent political subdivisions from accessing geospatial data maintained by the office.

 

EFFECTIVE DATE.  This section is effective July 1, 2015.  The office may not enter into a new contract or other agreement or renew an existing contract or agreement to provide services to political subdivisions in a manner prohibited by subdivision 4 on or after July 1, 2015.  The office must end existing contracts and agreements to provide services prohibited by subdivision 4 as soon as this can be done without the office incurring legal liability, and as soon as affected political subdivisions are able to find other sources to provide the services provided by the office.

 

Sec. 42.  Minnesota Statutes 2014, section 16E.016, is amended to read:

 

16E.016 RESPONSIBILITY FOR INFORMATION TECHNOLOGY SERVICES AND EQUIPMENT.

 

(a) The chief information officer is responsible for providing or entering into managed services contracts for the provision, improvement, and development of the following information technology systems and services to state agencies:

 

(1) state data centers;

 

(2) mainframes including system software;

 

(3) servers including system software;

 

(4) desktops including system software;

 

(5) laptop computers including system software;

 

(6) a data network including system software;

 

(7) database, electronic mail, office systems, reporting, and other standard software tools;

 

(8) business application software and related technical support services;

 

(9) help desk for the components listed in clauses (1) to (8);

 

(10) maintenance, problem resolution, and break-fix for the components listed in clauses (1) to (8);

 

(11) regular upgrades and replacement for the components listed in clauses (1) to (8); and

 

(12) network-connected output devices.

 

(b) All state agency employees whose work primarily involves functions specified in paragraph (a) are employees of the Office of MN.IT Services.  This includes employees who directly perform the functions in paragraph (a), as well as employees whose work primarily involves managing, supervising, or providing administrative services or support services to employees who directly perform these functions.  The chief information officer may assign employees of the office to perform work exclusively for another state agency.


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(c) Subject to sections 16C.08 and 16C.09, the chief information officer may allow a state agency to obtain services specified in paragraph (a) through a contract with an outside vendor when the chief information officer and the agency head agree that a contract would provide best value, as defined in section 16C.02, under the service-level agreement.  A state agency must enter into a service-level agreement with the chief information officer for provision of services specified in paragraph (a), or must obtain some or all of these services through an outside vendor.  Before entering into a service-level agreement or outside vendor contract, an agency must solicit proposals from the office and from at least one outside vendor.  If the cost of the proposal from the office is more than six percent higher than the cost of a proposal from an outside vendor, the agency may enter into a contract with an outside vendor, notwithstanding sections 16C.08, subdivision 2, clause (1); 16C.09, paragraph (a), clause (1); and 43A.047.  The chief information officer must require that agency contracts with outside vendors ensure that systems and services are compatible with standards established by the Office of MN.IT Services.  The term of a service-level agreement or a contract under this paragraph is subject to the limits in section 16C.06, subdivision 3b.  However, the chief information officer may provide that the term of the first agreement or contract entered into after the effective date of this section may be longer, as the chief information officer determines is necessary to establish a system under which agency agreements and contracts will expire according to a staggered schedule.  A service-level agreement or contract may not be for a term of more than six years.  A contract longer than four years must be followed by a contract of less than four years.

 

(d) The chief information officer may authorize a state agency office located outside of the seven-county metropolitan area to solicit proposals from MN.IT services and from an outside vendor separately from the rest of the agency.

 

(e) An agency may not enter into a contract for information technology systems or services of more than $100,000 with an outside vendor without approval of the chief information officer.

 

(f) The Minnesota State Retirement System, the Public Employees Retirement Association, the Teachers Retirement Association, the State Board of Investment, the Campaign Finance and Public Disclosure Board, the State Lottery, and the Statewide Radio Board are not state agencies for purposes of this section.

 

Sec. 43.  [16E.034] ANNUAL REPORT ON IT SPENDING.

 

(a) The chief information officer, in consultation with the commissioner of management and budget, must report by September 1 each year on:

 

(1) total state agency spending on information technology in the prior fiscal year, and planned state agency spending on information technology in the current fiscal year; and

 

(2) individual state agency spending on information technology in the prior fiscal year, and planned spending on information technology in the current fiscal year.

 

(b) The report in paragraph (a) on total state agency and individual agency spending and proposed spending must show amounts spent and anticipated to be spent in each of the following categories:

 

(1) new technology projects, or enhancement of existing projects, of more than $100,000;

 

(2) business as usual and minor enhancements; and

 

(3) infrastructure and operations.


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(c) The information reported on infrastructure and operations in paragraph (b), clause (3), must be further divided, by agency, into the following categories:

 

(1) servers;

 

(2) messaging and collaboration;

 

(3) mainframe;

 

(4) storage;

 

(5) database, including administration;

 

(6) technical support;

 

(7) information security;

 

(8) directory administration;

 

(9) architecture;

 

(10) monitoring; and

 

(11) change management.

 

Sec. 44.  Minnesota Statutes 2014, section 16E.0465, is amended to read:

 

16E.0465 TECHNOLOGY APPROVAL.

 

Subdivision 1.  Application.  This section applies to an appropriation of more than $1,000,000 $100,000 of state or federal funds to a state agency for any information and telecommunications technology project 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 a constitutional officer;

 

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

 

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

 

Subd. 2.  Required review and approval.  (a) A state agency receiving an appropriation of more than $500,000 for an information and telecommunications technology project subject to this section must divide the project into phases.

 

(b) The commissioner of management and budget may not authorize the encumbrance or expenditure of an appropriation of state funds to a state agency for any:

 

(1) a project if the project is subject to this section, but not divided into phases; or


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(2) a phase of a project, device, or system subject to this section, unless the Office of MN.IT Services has reviewed the project or each phase of the project, device, or system, and based on this review, the chief information officer has determined for each project or phase that:

 

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

 

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

 

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

 

Subd. 4.  Monitor progress.  The chief information officer shall monitor progress on any active information and telecommunications technology project with a total expected project cost of more than $5,000,000 and report on the performance of the project in comparison with the plans for the project in terms of time, scope, and budget.  The chief information officer may conduct an independent project audit of the project.  The audit analysis and evaluation of the projects must be presented to agency executive sponsors, the project governance bodies, and the chief information officer.  All reports and responses must become part of the project record.

 

Sec. 45.  Minnesota Statutes 2014, section 16E.14, subdivision 3, is amended to read:

 

Subd. 3.  Reimbursements.  Except as specifically provided otherwise by law, each agency shall reimburse the MN.IT services revolving fund for the cost of all services, supplies, materials, labor, employee development and training, 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 MN.IT Services.

 

Sec. 46.  Minnesota Statutes 2014, section 16E.145, is amended to read:

 

16E.145 INFORMATION TECHNOLOGY APPROPRIATION.

 

An appropriation of more than $100,000 for a state agency information and telecommunications technology project must be made to the chief information officer.  The chief information officer must manage and disburse the appropriation on behalf of the sponsoring state agency.  Any appropriation for an information and telecommunications technology project made to a state agency other than the Office of MN.IT Services is transferred to the chief information officer.

 

Sec. 47.  Minnesota Statutes 2014, section 16E.19, is amended by adding a subdivision to read:

 

Subd. 3.  Data storage.  The chief information officer must establish criteria for storage of state agency data outside of data centers operated by the chief information officer.  These criteria must include thresholds for when requests of outside data storage must be approved by the chief information officer.

 

Sec. 48.  [43A.035] LIMIT ON NUMBER OF FULL-TIME EQUIVALENT EMPLOYEES.

 

The total number of full-time equivalent employees employed in all executive branch agencies may not exceed 35,927.  The commissioner of management and budget may forbid an executive agency from hiring a new employee or from filling a vacancy as the commissioner determines is necessary to ensure compliance with this section.  Any reductions in staff should prioritize protecting client-facing health care workers, corrections officers, public safety workers, and mental health workers.  As a means of achieving compliance with this requirement, the commissioner may authorize an agency to provide an early retirement incentive to an executive branch employee, under which the


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state will continue to make the employer contribution for health insurance after the employee has terminated state service.  The commissioner must prescribe eligibility requirements and the maximum duration of the payments.  For purposes of this section, an "executive agency" does not include the Minnesota State Colleges and Universities or statewide pension plans.

 

Sec. 49.  Minnesota Statutes 2014, section 62V.03, subdivision 2, is amended to read:

 

Subd. 2.  Application of other law.  (a) MNsure must be reviewed by the legislative auditor under section 3.971.  The legislative auditor shall audit the books, accounts, and affairs of MNsure once each year or less frequently as the legislative auditor's funds and personnel permit.  Upon the audit of the financial accounts and affairs of MNsure, MNsure is liable to the state for the total cost and expenses of the audit, including the salaries paid to the examiners while actually engaged in making the examination.  The legislative auditor may bill MNsure either monthly or at the completion of the audit.  All collections received for the audits must be deposited in the general fund and are appropriated to the legislative auditor.  Pursuant to section 3.97, subdivision 3a, the Legislative Audit Commission is requested to direct the legislative auditor to report by March 1, 2014, to the legislature on any duplication of services that occurs within state government as a result of the creation of MNsure.  The legislative auditor may make recommendations on consolidating or eliminating any services deemed duplicative.  The board shall reimburse the legislative auditor for any costs incurred in the creation of this report.

 

(b) Board members of MNsure are subject to sections 10A.07 and 10A.09.  Board members and the personnel of MNsure are subject to section 10A.071.

 

(c) All meetings of the board shall comply with the open meeting law in chapter 13D, except that:

 

(1) meetings, or portions of meetings, regarding compensation negotiations with the director or managerial staff may be closed in the same manner and according to the same procedures identified in section 13D.03;

 

(2) meetings regarding contract negotiation strategy may be closed in the same manner and according to the same procedures identified in section 13D.05, subdivision 3, paragraph (c); and

 

(3) meetings, or portions of meetings, regarding not public data described in section 62V.06, subdivision 3, and regarding trade secret information as defined in section 13.37, subdivision 1, paragraph (b), are closed to the public, but must otherwise comply with the procedures identified in chapter 13D.

 

(d) MNsure and provisions specified under this chapter are exempt from:

 

(1) chapter 14, including section 14.386, except as specified in section 62V.05; and

 

(2) chapters 16B and 16C, with the exception of sections 16C.08, subdivision 2, paragraph (b), clauses (1) to (8); 16C.086; 16C.09, paragraph (a), clauses (1) and (3), paragraph (b), and paragraph (c); and section 16C.16.  However, MNsure, in consultation with the commissioner of administration, shall implement policies and procedures to establish an open and competitive procurement process for MNsure that, to the extent practicable, conforms to the principles and procedures contained in chapters 16B and 16C.  In addition, MNsure may enter into an agreement with the commissioner of administration for other services.

 

(e) The board and the Web site are exempt from chapter 60K.  Any employee of MNsure who sells, solicits, or negotiates insurance to individuals or small employers must be licensed as an insurance producer under chapter 60K.

 

(f) Section 3.3005 applies to any federal funds received by MNsure.


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(g) MNsure is exempt from the following sections in chapter 16E:  16E.01, subdivision 3, paragraph (b); 16E.03, subdivisions 3 and 4; 16E.04, subdivision 1, subdivision 2, paragraph (c), and subdivision 3, paragraph (b); 16E.0465; 16E.055; 16E.145; 16E.15; 16E.16; 16E.17; 16E.18; and 16E.22.

 

(h) A MNsure decision that requires a vote of the board, other than a decision that applies only to hiring of employees or other internal management of MNsure, is an "administrative action" under section 10A.01, subdivision 2.

 

Sec. 50.  [138.912] HEALTHY EATING, HERE AT HOME.

 

Subdivision 1.  Establishment.  The healthy eating, here at home program is established to provide incentives for low-income Minnesotans to use federal Supplemental Nutrition Assistance Program (SNAP) benefits for healthy purchases at Minnesota-based farmers' markets.

 

Subd. 2.  Definitions.  (a) The definitions in this subdivision apply to this section.

 

(b) "Healthy eating, here at home" means a program administered by the Minnesota Humanities Center to provide incentives for low-income Minnesotans to use SNAP benefits for healthy purchases at Minnesota-based farmers' markets.

 

(c) "Healthy purchases" means SNAP-eligible foods.

 

(d) "Minnesota-based farmers' market" means a physical market as defined in section 28A.151, subdivision 1, paragraph (b), and also includes mobile markets.

 

(e) "Voucher" means a physical or electronic credit.

 

(f) "Eligible household" means an individual or family that is determined to be a recipient of SNAP.

 

Subd. 3.  Grants.  The Minnesota Humanities Center shall allocate grant funds to nonprofit organizations that work with Minnesota-based farmers' markets to provide up to $10 vouchers to SNAP participants who use electronic benefits transfer (EBT) cards for healthy purchases.  Funds may also be provided for vouchers distributed through nonprofit organizations engaged in healthy cooking and food education outreach to eligible households for use at farmers' markets.  Funds appropriated under this section may not be used for healthy cooking classes or food education outreach.  When awarding grants, the Minnesota Humanities Center must consider how the nonprofit organizations will achieve geographic balance, including specific efforts to reach eligible households across the state, and the organizations' capacity to manage the programming and outreach.

 

Subd. 4.  Household eligibility; participation.  To be eligible for a healthy eating, here at home voucher, an eligible household must meet the Minnesota SNAP eligibility requirements under section 256D.051.

 

Subd. 5.  Permissible uses; information provided.  An eligible household may use the voucher toward healthy purchases at Minnesota-based farmers' markets.  Every eligible household that receives a voucher must be informed of the allowable uses of the voucher.

 

Subd. 6.  Program reporting.  The nonprofit organizations that receive grant funds must report annually to the Minnesota Humanities Center with information regarding the operation of the program, including the number of vouchers issued and the number of people served.  To the extent practicable, the nonprofit organizations must report on the usage of the vouchers and evaluate the program's effectiveness.


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Subd. 7.  Grocery inclusion.  The commissioner of human services must submit a waiver request to the federal United States Department of Agriculture seeking approval for the inclusion of Minnesota grocery stores in this program so that SNAP participants may use the vouchers for healthy produce at grocery stores.  Grocery store participation is voluntary and a grocery store's associated administrative costs will not be reimbursed.

 

Sec. 51.  Minnesota Statutes 2014, section 148.57, is amended by adding a subdivision to read:

 

Subd. 5.  Expedited and temporary licensing for former and current members of the military.  (a) Applicants seeking licensure according to this subdivision must be:

 

(1) an active duty military member;

 

(2) the spouse of an active duty military member; or

 

(3) a veteran who has left service in the two years preceding the date of license application, and has confirmation of an honorable or general discharge status.

 

(b) A qualified applicant under this subdivision must provide evidence of:

 

(1) a current valid license, certificate, or permit in another state without history of disciplinary action by a regulatory authority in the other state; and

 

(2) a current criminal background study without a criminal conviction that is determined by the board to adversely affect the applicant's ability to become licensed.

 

(c) A temporary license issued under this subdivision is effective for six months from the initial temporary licensure date.

 

(d) During the temporary license period, the individual shall complete the licensed optometrist application for licensure.

 

(e) In order to remain licensed after the expiration of the temporary license, an individual must meet the requirements in section 148.57, subdivisions 1 and 2.

 

Sec. 52.  Minnesota Statutes 2014, section 148.624, subdivision 5, is amended to read:

 

Subd. 5.  Expedited and temporary licensing for former and current members of the military permit.  The board shall issue a temporary permit to members of the military in accordance with section 197.4552.  (a) Applicants seeking licensure according to this subdivision must be:

 

(1) an active duty military member;

 

(2) the spouse of an active duty military member; or

 

(3) a veteran who has left service in the two years preceding the date of license application, and has confirmation of an honorable or general discharge status.

 

(b) A qualified applicant under this subdivision must provide evidence of:

 

(1) a current valid license in another state without history of disciplinary action by a regulatory authority in the other state; and


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(2) a current criminal background study without a criminal conviction that is determined by the board to adversely affect the applicant's ability to become licensed.

 

(c) A temporary license issued under this subdivision is effective for six months from the initial temporary licensure date.

 

(d) During the temporary license period, the individual shall complete the licensed dietitian or nutritionist application for licensure.

 

(e) In order to remain licensed after the expiration of the temporary license, an individual must meet the full licensure requirements.

 

(f) The fee for the temporary permit license is $250.

 

Sec. 53.  Minnesota Statutes 2014, section 148B.33, is amended by adding a subdivision to read:

 

Subd. 3.  Expedited and temporary licensing for former and current members of the military.  (a) Applicants seeking licensure according to this subdivision must be:

 

(1) an active duty military member;

 

(2) the spouse of an active duty military member; or

 

(3) a veteran who has left service in the two years preceding the date of license application, and has confirmation of an honorable or general discharge status.

 

(b) A qualified applicant under this subdivision must provide evidence of:

 

(1) a current valid license, certificate, or permit in another state without history of disciplinary action by a regulatory authority in the other state; and

 

(2) a current criminal background study without a criminal conviction that is determined by the board to adversely affect the applicant's ability to become licensed.

 

(c) A temporary license issued under this subdivision is effective for six months from the initial temporary licensure date.

 

(d) During the temporary license period, the individual shall complete the licensed marriage and family therapist application for licensure.

 

(e) In order to remain licensed after the expiration of the temporary license, an individual must meet the requirements in subdivisions 1 and 2.

 

Sec. 54.  Minnesota Statutes 2014, section 148B.53, is amended by adding a subdivision to read:

 

Subd. 1a.  Expedited and temporary licensing for former and current members of the military.  (a) Applicants seeking licensure according to this subdivision must be:

 

(1) an active duty military member;

 

(2) the spouse of an active duty military member; or


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(3) a veteran who has left service in the two years preceding the date of license application, and has confirmation of an honorable or general discharge status.

 

(b) A qualified applicant under this subdivision must provide evidence of:

 

(1) a current valid license, certificate, or permit in another state without history of disciplinary action by a regulatory authority in the other state; and

 

(2) a current criminal background study without a criminal conviction that is determined by the board to adversely affect the applicant's ability to become licensed.

 

(c) A temporary license issued under this subdivision is effective for one year from the initial licensure date.

 

(d) During the temporary license period, the individual shall complete the licensed professional counselor application for licensure.

 

(e) In order to remain licensed after the expiration of the temporary license, an individual must meet the requirements in subdivision 1, paragraphs (a) and (b).

 

Sec. 55.  Minnesota Statutes 2014, section 148B.5301, is amended by adding a subdivision to read:

 

Subd. 4a.  Expedited and temporary licensing for former and current members of the military.  (a) Applicants seeking licensure according to this subdivision must be:

 

(1) an active duty military member;

 

(2) the spouse of an active duty military member; or

 

(3) a veteran who has left service in the two years preceding the date of license application, and has confirmation of an honorable or general discharge status.

 

(b) A qualified applicant under paragraph (a) must provide evidence of:

 

(1) a current valid license, certificate, or permit in another state without history of disciplinary action by a regulatory authority in the other state; and

 

(2) a current criminal background study without a criminal conviction that is determined by the board to adversely affect the applicant's ability to become licensed.

 

(c) A temporary license issued under this subdivision is effective for one year from the initial licensure date.

 

(d) During the temporary license period, the individual shall complete the licensed professional clinical counselor application for licensure.

 

(e) In order to remain licensed after the expiration of the temporary license, an individual must meet the requirements in subdivisions 1 and 2.


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Sec. 56.  Minnesota Statutes 2014, section 148F.025, is amended by adding a subdivision to read:

 

Subd. 5.  Expedited and temporary licensing for former and current members of the military.  (a) Applicants seeking licensure according to this subdivision must be:

 

(1) an active duty military member;

 

(2) the spouse of an active duty military member; or

 

(3) a veteran who has left service in the two years preceding the date of license application, and has confirmation of an honorable or general discharge status.

 

(b) Applicants are required to comply with subdivisions 1 and 4.

 

(c) A qualified applicant under paragraph (a) must provide evidence of:

 

(1) a current valid license, certificate, or permit in another state without history of disciplinary action by a regulatory authority in the other state; and

 

(2) a current criminal background study without a criminal conviction that is determined by the board to adversely affect the applicant's ability to become licensed.

 

(d) A temporary license issued under this subdivision is effective for two years from the initial licensure date.

 

(e) During the temporary license period, the individual shall complete the application for licensure required in subdivision 1.

 

(f) In order to remain licensed after the expiration of the temporary license, an individual must meet the requirements in subdivisions 2 and 3.

 

Sec. 57.  Minnesota Statutes 2014, section 153.16, subdivision 1, is amended to read:

 

Subdivision 1.  License requirements.  The board shall issue a license to practice podiatric medicine to a person who meets the following requirements:

 

(a) The applicant for a license shall file a written notarized application on forms provided by the board, showing to the board's satisfaction that the applicant is of good moral character and satisfies the requirements of this section.

 

(b) The applicant shall present evidence satisfactory to the board of being a graduate of a podiatric medical school approved by the board based upon its faculty, curriculum, facilities, accreditation by a recognized national accrediting organization approved by the board, and other relevant factors.

 

(c) The applicant must have received a passing score on each part of the national board examinations, parts one and two, prepared and graded by the National Board of Podiatric Medical Examiners.  The passing score for each part of the national board examinations, parts one and two, is as defined by the National Board of Podiatric Medical Examiners.

 

(d) Applicants graduating after 1986 from a podiatric medical school shall present evidence of successful completion of a residency program approved by a national accrediting podiatric medicine organization.


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(e) The applicant shall appear in person before the board or its designated representative to show that the applicant satisfies the requirements of this section, including knowledge of laws, rules, and ethics pertaining to the practice of podiatric medicine.  The board may establish as internal operating procedures the procedures or requirements for the applicant's personal presentation.  Upon completion of all other application requirements, a doctor of podiatric medicine applying for a temporary military license has six months in which to comply with this subdivision.

 

(f) The applicant shall pay a fee established by the board by rule.  The fee shall not be refunded.

 

(g) The applicant must not have engaged in conduct warranting disciplinary action against a licensee.  If the applicant does not satisfy the requirements of this paragraph, the board may refuse to issue a license unless it determines that the public will be protected through issuance of a license with conditions and limitations the board considers appropriate.

 

(h) Upon payment of a fee as the board may require, an applicant who fails to pass an examination and is refused a license is entitled to reexamination within one year of the board's refusal to issue the license.  No more than two reexaminations are allowed without a new application for a license.

 

Sec. 58.  Minnesota Statutes 2014, section 153.16, subdivision 4, is amended to read:

 

Subd. 4.  Temporary military permit license.  The board shall establish a temporary permit in accordance with section 197.4552.  The fee for the temporary military permit is $250.  (a) The board shall issue an expedited license to practice podiatric medicine to an applicant who meets the following requirements:

 

(1) is an active duty military member;

 

(2) is the spouse of an active duty military member; or

 

(3) is a veteran who has left service in the two years preceding the date of license application, and has confirmation of an honorable or general discharge status.

 

(b) A qualified applicant under this subdivision must provide evidence of:

 

(1) a current, valid license in another state without history of disciplinary action by a regulatory authority in the other state; and

 

(2) a current criminal background study without a criminal conviction that is determined by the board to adversely affect the applicant's ability to become licensed.

 

(c) The board shall issue a license for up to six months to a doctor of podiatric medicine eligible for licensure under this subdivision.  Doctors of podiatric medicine licensed in another state who have complied with all other requirements may receive a temporary license valid for up to six months.  No extension is available.

 

(d) A temporary license issued under this subdivision permits a qualified individual to perform podiatric medicine for a limited length of time as determined by the licensing board.  During the temporary license period, the individual shall complete the full application procedure and be approved as required by applicable law.

 

(e) The fee for the temporary military license is $250.


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Sec. 59.  Minnesota Statutes 2014, section 154.003, is amended to read:

 

154.003 FEES.

 

(a) The fees collected, as required in this chapter, chapter 214, and the rules of the board, shall be paid to the board.  The board shall deposit the fees in the general fund in the state treasury.

 

(b) The board shall charge the following fees:

 

(1) examination and certificate, registered barber, $85;

 

(2) retake of written examination, registered barber, $10;

 

(3) examination and certificate, apprentice, $80;

 

(4) retake of written examination, apprentice, $10;

 

(5) examination, instructor, $180;

 

(6) certificate, instructor, $65;

 

(7) temporary teacher or apprentice permit, $80;

 

(8) temporary registered barber, military, $85;

 

(9) temporary barber instructor, military, $180;

 

(10) temporary apprentice barber, military, $80;

 

(11) renewal of registration, registered barber, $80;

 

(9) (12) renewal of registration, apprentice, $70;

 

(10) (13) renewal of registration, instructor, $80;

 

(11) (14) renewal of temporary teacher permit, $65;

 

(12) (15) student permit, $45;

 

(13) (16) renewal of student permit, $25;

 

(14) (17) initial shop registration, $85;

 

(15) (18) initial school registration, $1,030;

 

(16) (19) renewal shop registration, $85;

 

(17) (20) renewal school registration, $280;

 

(18) (21) restoration of registered barber registration, $95;


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(19) (22) restoration of apprentice registration, $90;

 

(20) (23) restoration of shop registration, $105;

 

(21) (24) change of ownership or location, $55;

 

(22) (25) duplicate registration, $40;

 

(23) (26) home study course, $75;

 

(24) (27) letter of registration verification, $25; and

 

(25) (28) reinspection, $100.

 

Sec. 60.  Minnesota Statutes 2014, section 154.11, subdivision 3, is amended to read:

 

Subd. 3.  Temporary military license permits.  (a) In accordance with section 197.4552, the board shall establish issue a temporary license:

 

(1) permit for apprentice barbers and master;

 

(2) certificate for registered barbers; and a temporary permit for apprentices in accordance with section 197.4552.  The fee for a temporary license under this subdivision for a master barber is $85.  The fee for a temporary license under this subdivision for a barber is $180.  The fee for a temporary permit under this subdivision for an apprentice is $80.

 

(3) certificate for registered barber instructors.

 

(b) Fees for temporary military permits and certificates of registration under this subdivision are listed under section 154.003.

 

(c) Permits or certificates of registration issued under this subdivision are valid for one year from the date of issuance, after which the individual must complete a full application as required by section 197.4552.

 

Sec. 61.  Minnesota Statutes 2014, section 190.19, subdivision 2a, is amended to read:

 

Subd. 2a.  Uses; veterans.  (a) Money appropriated to the Department of Veterans Affairs from the Minnesota "Support Our Troops" account may be used for:

 

(1) grants to veterans service organizations;

 

(2) outreach to underserved veterans;

 

(3) providing services and programs for veterans and their families; and

 

(4) transfers to the vehicle services account for Gold Star license plates under section 168.1253.;

 

(5) grants of up to $100,000 to any organization approved by the commissioner of veterans affairs for the purpose of supporting and improving the lives of veterans and their families; and

 

(6) grants to an eligible foundation. 


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(b) For purposes of this subdivision, "eligible foundation" includes any organization that:

 

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

 

(2) is a nonprofit corporation under chapter 317A and the organization's articles of incorporation specify that a purpose of the organization includes (i) providing assistance to veterans and their families or (ii) enhancing the lives of veterans and their families.

 

Sec. 62.  Minnesota Statutes 2014, section 192.38, subdivision 1, is amended to read:

 

Subdivision 1.  Temporary emergency relief.  If any officer or enlisted member of the military forces is wounded or otherwise disabled, dies from disease contracted or injuries received, or is killed while in state active service as defined in section 190.05, subdivision 5a, the officer or member, or in the case of death the officer's or member's dependent spouse, child, or parent, may be provided with immediate temporary relief as necessary in cases of severe hardship, in an amount to be determined by the adjutant general and approved by the governor or a death gratuity payment equal to the amount allowed for service members in a federal active service status.  All payments under this subdivision shall be made from appropriations for the maintenance of the state military forces emergency services.  The adjutant general shall notify the Department of Management and Budget of any payments made pursuant to this subdivision and the amount of it shall be subtracted from any award made by the Department of Management and Budget.

 

Sec. 63.  Minnesota Statutes 2014, section 192.501, is amended by adding a subdivision to read:

 

Subd. 1d.  Reclassification bonus program.  (a) The adjutant general may establish a program to provide a bonus to eligible members of the Minnesota National Guard who complete training that results in the award of a new military occupational specialty or air force specialty code in specialties that are identified by the Adjutant General to be necessary for the enhanced readiness of the Minnesota National Guard.

 

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

 

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

 

(2) has 16 or fewer years of service creditable for retirement; and

 

(3) undergoes military training deemed by the adjutant general as sufficiently important to the readiness of the National Guard or a unit of the National Guard to warrant the payment of a bonus in an amount to generally encourage the member's participation in such training.  The adjutant general may, within the limitations of this paragraph and other applicable laws, determine additional eligibility criteria for the bonus, and must specify all of the criteria in regulations and publish changes as necessary.

 

(c) The bonus payments must be made on a schedule that is determined and published in department regulations by the adjutant general.

 

(d) If a member fails to complete a term of reenlistment or an obligated term of commissioned service for which a bonus was paid, the adjutant general may seek to recoup a prorated amount of the bonus as determined by the adjutant general.


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Sec. 64.  Minnesota Statutes 2014, section 197.46, is amended to read:

 

197.46 VETERANS PREFERENCE ACT; REMOVAL FORBIDDEN; RIGHT OF MANDAMUS.

 

(a) Any person whose rights may be in any way prejudiced contrary to any of the provisions of this section, shall be entitled to a writ of mandamus to remedy the wrong.  No person holding a position by appointment or employment in the several counties, cities, towns, school districts and all other political subdivisions in the state, who is a veteran separated from the military service under honorable conditions, shall be removed from such position or employment except for incompetency or misconduct shown after a hearing, upon due notice, upon stated charges, in writing.

 

(b) Any veteran who has been notified of the intent to discharge the veteran from an appointed position or employment pursuant to this section shall be notified in writing of such intent to discharge and of the veteran's right to request a hearing within 60 days of receipt of the notice of intent to discharge.  The failure of a veteran to request a hearing within the provided 60-day period shall constitute a waiver of the right to a hearing.  Such failure shall also waive all other available legal remedies for reinstatement.

 

Request for a hearing concerning such a discharge shall be made in writing and submitted by mail or personal service to the employment office of the concerned employer or other appropriate office or person.  If the veteran requests a hearing under this section, such written request must also contain the veteran's election to be heard by a civil service board or commission, a merit authority, or a three-person panel as defined in paragraph (c).  If the veteran fails to identify the veteran's election, the governmental subdivision may select the hearing body.

 

In all governmental subdivisions having an established civil service board or commission, or merit system authority, such hearing for removal or discharge shall be held before such civil service board or commission or merit system authority.  Where no such civil service board or commission or merit system authority exists, such hearing shall be held by (c) Hearings under this section shall be held by a civil service board or commission, a merit system authority, or a board of three persons appointed as follows:  one by the governmental subdivision, one by the veteran, and the third by the two so selected.  In the event that all governmental subdivisions having an established civil service board or commission or merit system authority, the veteran shall elect which body will hold the hearing.  If the hearing is authorized to be veteran chooses to have the hearing held before a three-person board, the governmental subdivision's notice of intent to discharge shall state that the veteran must respond within 60 days of receipt of the notice of intent to discharge, and provide in writing to the governmental subdivision the name, United States mailing address, and telephone number of the veteran's selected representative for the three-person board.  The failure of a veteran to submit the name, address, and telephone number of the veteran's selected representative to the governmental subdivision by mail or by personal service within the provided notice's 60-day period, shall constitute a waiver of the veteran's right to the hearing and all other legal remedies available for reinstatement of the veteran's employment position.  In the event the two persons selected by the veteran and governmental subdivision do not appoint the third person within ten days after the appointment of the last of the two, then the judge of the district court of the county wherein the proceeding is pending, or if there be more than one judge in said county then any judge in chambers, shall have jurisdiction to appoint, and upon application of either or both of the two so selected shall appoint, the third person to the board and the person so appointed by the judge with the two first selected shall constitute the board. 

 

(d) Either the veteran or the governmental subdivision may appeal from the decision of the board upon the charges to the district court by causing written notice of appeal, stating the grounds thereof, to be served upon the other party within 15 days after notice of the decision and by filing the original notice of appeal with proof of service thereof in the office of the court administrator of the district court within ten days after service thereof.  Nothing in section 197.455 or this section shall be construed to apply to the position of private secretary, superintendent of schools, or one chief deputy of any elected official or head of a department, or to any person holding a strictly confidential relation to the appointing officer.  Nothing in this section shall be construed to apply to the position of teacher.  The burden of establishing such relationship shall be upon the appointing officer in all proceedings and actions relating thereto.


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(e) The governmental subdivision shall bear all administrative costs associated with the hearing.  If the veteran prevails, the governmental subdivision shall pay the veteran's reasonable attorney fees.

 

(f) All officers, boards, commissions, and employees shall conform to, comply with, and aid in all proper ways in carrying into effect the provisions of section 197.455 and this section notwithstanding any laws, charter provisions, ordinances or rules to the contrary.  Any willful violation of such sections by officers, officials, or employees is a misdemeanor.

 

EFFECTIVE DATE.  This section is effective the day following final enactment and applies to all notices of intent to discharge issued on or after that date.

 

Sec. 65.  [197.987] HONOR AND REMEMBER FLAG.

 

Subdivision 1.  Legislative findings.  The legislature of the state of Minnesota finds and determines that:

 

(1) since the Revolutionary War, more than 1,000,000 members of the United States armed forces have paid the ultimate price by sacrificing their lives in active military service for the United States of America;

 

(2) the contribution made by those fallen members of the armed forces is deserving of state and national recognition; and

 

(3) the Honor and Remember Flag is an appropriate symbol that acknowledges the selfless sacrifice of those members of the United States armed forces. 

 

Subd. 2.  Designation.  The Honor and Remember Flag created by Honor and Remember, Inc., is designated as the symbol of our state's concern and commitment to honoring and remembering the lives of all members of the United States armed forces who have lost their lives in the line of duty while serving honorably in active military service in the United States armed forces or of a service-connected cause due to or aggravated by that service, as determined by the United States Department of Defense or the United States Department of Veterans Affairs.

 

Subd. 3.  Suggested days for flag display.  (a) The chief administrator of each governmental building or facility within this state, as defined in paragraph (b), is encouraged to display the Honor and Remember Flag on the following days each year:

 

(1) Armed Forces Day, the third Saturday in May;

 

(2) Flag Day, June 14;

 

(3) July 2nd and July 3rd, in remembrance of the 262 soldiers of the 1st Regiment Minnesota Volunteer Infantry who, at the Battle of Gettysburg during the American Civil War, fought so gallantly and successfully to repulse two major Confederate attacks on the main Union line, suffering over 80 percent casualties, thereby turning the battle and the war and helping to preserve the Union itself at that pivotal moment in our nation's history;

 

(4) July 4th, Independence Day;

 

(5) the third Friday of September, National POW/MIA Recognition Day;

 

(6) November 11, Veterans Day;

 

(7) July 27, Korean War Armistice Day; and


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(8) March 29, Vietnam Veterans Day.

 

(b) For purposes of this section, "governmental building or facility within this state" means the following locations:

 

(1) the Minnesota State Capitol, the Office of the Governor and each other Minnesota constitutional office, the chambers of the Minnesota Senate and the Minnesota House of Representatives, the Minnesota Supreme Court Building and each Minnesota District Court House, as well as any official state of Minnesota veterans memorial, Minnesota veterans home, or Minnesota veterans cemetery;

 

(2) to the extent authorized by federal law and regulation, any United States veterans cemetery, veterans memorial, post office, or other federal building, as well as any United States Department of Veterans Affairs medical center, veterans service center, and veterans community-based outreach center; and

 

(3) any appropriate local government building or facility, as determined by the governing body of that local government.

 

Subd. 4.  Limitation.  This section may not be construed or interpreted to require any employee to report to work solely for the purpose of providing for the display of the Honor and Remember Flag or any other flag.

 

Subd. 5.  Implementation.  If a governmental building or facility within this state opts to display the Honor and Remember Flag, the chief administrator of that facility shall prescribe procedures necessary for the display.

 

Subd. 6.  Flag donation.  Any named public office or public official may accept a donation of one or more Honor and Remember Flags for the purpose of this section.

 

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

 

Sec. 66.  Minnesota Statutes 2014, section 211B.37, is amended to read:

 

211B.37 COSTS ASSESSED.

 

Except as otherwise provided in section 211B.36, subdivision 3, the chief administrative law judge shall assess the cost of considering complaints filed under section 211B.32 as provided in this section.  Costs of complaints relating to a statewide ballot question or an election for a statewide or legislative office must be assessed against the appropriation from the general fund to the general account of the state elections campaign account in section 10A.31, subdivision 4 paid from appropriations to the office for this purpose.  Costs of complaints relating to any other ballot question or elective office must be paid from appropriations to the office for this purpose.

 

Sec. 67.  Minnesota Statutes 2014, section 240.01, subdivision 22, is amended to read:

 

Subd. 22.  Racing season.  "Racing season" means that portion of the calendar year starting at the beginning of the day of the first live horse race conducted by the licensee and concluding at the end of the day of the last live horse race conducted by the licensee in any year.

 

For purposes of this chapter, the racing season begins before the first Saturday in May and continues for not less than 25 consecutive weeks.

 

EFFECTIVE DATE.  This section is effective January 1, 2016.


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Sec. 68.  Minnesota Statutes 2014, section 240.01, is amended by adding a subdivision to read:

 

Subd. 28.  Takeout.  "Takeout" means the total amount of money, excluding breakage, withheld from each pari‑mutuel pool, as authorized by statute or rule.

 

Sec. 69.  Minnesota Statutes 2014, section 240.01, is amended by adding a subdivision to read:

 

Subd. 29.  Handle  "Handle" means the aggregate of all pari-mutuel pools, excluding refundable wagers or cancellations.

 

Sec. 70.  Minnesota Statutes 2014, section 240.01, is amended by adding a subdivision to read:

 

Subd. 30.  Mixed meet.  "Mixed meet" means a racing day or series of racing days on which the racing of more than one breed of horse occurs.

 

Sec. 71.  Minnesota Statutes 2014, section 240.01, is amended by adding a subdivision to read:

 

Subd. 31.  Banked.  "Banked" means any game of chance that is played with the house as a participant in the game, where the house takes on all players, collects from all losers, and pays all winners, and the house can win.

 

Sec. 72.  Minnesota Statutes 2014, section 240.01, is amended by adding a subdivision to read:

 

Subd. 32.  Steward.  A "steward" means an official described in section 240.16.  The term steward includes the terms "judge," "chief steward," and "presiding judge," and applies to stewards and judges of the commission or a class B licensee, but not to other racing officials, such as paddock or placement judges, who are employees or agents of a class B licensee.

 

Sec. 73.  Minnesota Statutes 2014, section 240.011, is amended to read:

 

240.011 APPOINTMENT OF DIRECTOR.

 

The governor shall appoint the director of the Minnesota Racing Commission, who serves in the unclassified service at the governor's pleasure.  The director must be a person qualified by experience in the administration and regulation of pari-mutuel racing and training to possess the skills necessary to discharge the duties of the director.  The governor must select a director from a list of one or more names submitted by the Minnesota Racing Commission.

 

Sec. 74.  Minnesota Statutes 2014, section 240.03, is amended to read:

 

240.03 COMMISSION POWERS AND DUTIES.

 

The commission has the following powers and duties:

 

(1) to regulate horse racing in Minnesota to ensure that it is conducted in the public interest;

 

(2) to issue licenses as provided in this chapter;

 

(3) to enforce all laws and rules governing horse racing;

 

(4) to collect and distribute all taxes provided for in this chapter;


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(5) to conduct necessary investigations and inquiries and to issue subpoenas to compel the attendance of witnesses and the submission of information, documents, and records, and other evidence it deems necessary to carry out its duties;

 

(6) to supervise the conduct of pari-mutuel betting on horse racing;

 

(7) to employ and supervise personnel under this chapter;

 

(8) to determine the number of racing days to be held in the state and at each licensed racetrack;

 

(9) to take all necessary steps to ensure the integrity of racing in Minnesota; and

 

(10) to impose fees on the racing and card playing industries sufficient to recover the operating costs of the commission with the approval of the legislature according to section 16A.1283.  Notwithstanding section 16A.1283, when the legislature is not in session, the commissioner of management and budget may grant interim approval for any new fees or adjustments to existing fees that are not statutorily specified, until such time as the legislature reconvenes and acts upon the new fees or adjustments.  As part of its biennial budget request, the commission must propose changes to its fees that will be sufficient to recover the operating costs of the commission.

 

Sec. 75.  Minnesota Statutes 2014, section 240.08, subdivision 2, is amended to read:

 

Subd. 2.  Application.  (a) An application for a class C license must be on a form the commission prescribes and must be accompanied by an affidavit of qualification that the applicant:

 

(a) (1) is not in default in the payment of an obligation or debt to the state under Laws 1983, chapter 214;

 

(b) (2) does not have a felony conviction of record in a state or federal court and does not have a state or federal felony charge pending;

 

(c) (3) is not and never has been connected with or engaged in an illegal business;

 

(d) (4) has never been found guilty of fraud or misrepresentation in connection with racing or breeding;

 

(e) (5) has never been found guilty of a violation of law or rule relating to horse racing, pari-mutuel betting or any other form of gambling which is a serious violation as defined by the commission's rules; and

 

(f) (6) has never been found to have knowingly violated a rule or an order of the commission or a law or rule of Minnesota or another jurisdiction relating to horse racing, pari-mutuel betting, or any other form of gambling.

 

(b) The application must also contain an irrevocable consent statement, to be signed by the applicant, which states that suits and actions relating to the subject matter of the application or acts or omissions arising from it may be commenced against the applicant in any court of competent jurisdiction in this state by the service on the secretary of state of any summons, process, or pleading authorized by the laws of this state.  If any summons, process, or pleading is served upon the secretary of state, it must be by duplicate copies.  One copy must be retained in the Office of the Secretary of State and the other copy must be forwarded immediately by certified mail to the address of the applicant, as shown by the records of the commission.

 

Sec. 76.  Minnesota Statutes 2014, section 240.08, subdivision 4, is amended to read:

 

Subd. 4.  License issuance and renewal.  If the commission determines that the applicant is qualified for the occupation for which licensing is sought and will not adversely affect the public health, welfare, and safety or the integrity of racing in Minnesota, it may issue a class C license to the applicant.  If it makes a similar finding for a


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renewal of a class C license it may renew the license.  Class C licenses are effective for one year.  until December 31 of the calendar year for which they are issued.  Certain types of class C licenses, to be determined by the commission, are effective until December 31 of the third calendar year for which they have been issued.

 

EFFECTIVE DATE.  This section is effective July 1, 2015.

 

Sec. 77.  Minnesota Statutes 2014, section 240.08, subdivision 5, is amended to read:

 

Subd. 5.  Revocation and suspension.  (a) The commission may revoke a class C license for a violation of law or rule which in the commission's opinion adversely affects the integrity of horse racing in Minnesota, the public health, welfare, or safety, or for an intentional false statement made in a license application.

 

The commission may suspend a class C license for up to one year for a violation of law, order or rule.

 

The commission may delegate to its designated agents the authority to impose suspensions of class C licenses, and the revocation or suspension of a class C license may be appealed to the commission according to its rules.

 

(b) A license revocation or suspension for more than 90 days is a contested case under sections 14.57 to 14.69 of the Administrative Procedure Act and is in addition to criminal penalties imposed for a violation of law or rule.  The commission may summarily suspend a license for more than 90 days prior to a contested case hearing where it is necessary to ensure the integrity of racing or to protect the public health, welfare, or safety.  A contested case hearing must be held within 20 30 days of the summary suspension and the administrative law judge's report must be issued within 20 30 days from the close of the hearing record.  In all cases involving summary suspension the commission must issue its final decision within 30 days from receipt of the report of the administrative law judge and subsequent exceptions and argument under section 14.61.

 

Sec. 78.  Minnesota Statutes 2014, section 240.10, is amended to read:

 

240.10 LICENSE FEES.

 

The fee for a class A license is $253,000 per year and must be remitted on July 1.  The fee for a class B license is $500 for each assigned racing day and $100 for each day on which simulcasting is authorized and must be remitted on July 1.  Included herein are all days assigned to be conducted after January 1, 2003.  The fee for a class D license is $50 for each assigned racing day on which racing is actually conducted.  Fees imposed on class D licenses must be paid to the commission at a time and in a manner as provided by rule of the commission.

 

The commission shall by rule establish an annual license fee for each occupation it licenses under section 240.08 but no annual fee for a class C license may exceed $100.

 

EFFECTIVE DATE.  This section is effective July 1, 2015.

 

Sec. 79.  Minnesota Statutes 2014, section 240.13, subdivision 5, is amended to read:

 

Subd. 5.  Purses.  (a) From the amounts deducted from all pari-mutuel pools by a licensee, an amount equal to not less than the following percentages of all money in all pools must be set aside by the licensee and used for purses for races conducted by the licensee, provided that a licensee may agree by contract with an organization representing a majority of the horsepersons racing the breed involved to set aside amounts in addition to the following percentages, if the contract is in writing and filed with the commission:

 

(1) for live races conducted at a class A facility, and for races that are part of full racing card simulcasting that takes place within the time period of the live races, 8.4 percent of handle;


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(2) for simulcasts conducted during the racing season other than as provided for in clause (1), 50 percent of the takeout remaining after deduction for taxes on pari-mutuel pools, payment to the breeders fund, and payment to the sending out-of-state racetrack for receipt of the signal; and

 

(3) (2) for simulcasts conducted outside of the racing season, 25 any day a class A facility is licensed, not less than 37 percent of the takeout remaining after deduction for the state pari-mutuel tax, payment to the breeders fund, and payment to the sending out-of-state racetrack for receipt of the signal and, before January 1, 2005, a further deduction of eight percent of all money in all pools.  In the event that wagering on simulcasts outside of the racing season exceeds $125 million in any calendar year, the amount set aside for purses by this formula is increased to 30 percent on amounts between $125,000,000 and $150,000,000 wagered; 40 percent on amounts between $150,000,000 and $175,000,000 wagered; and 50 percent on amounts in excess of $175,000,000 wagered.  In lieu of the eight percent deduction, A deduction as agreed to between the licensee and the horsepersons' organization representing the majority of horsepersons racing at the licensee's class A facility during the preceding 12 months, is allowed after December 31, 2004.

 

The commission may by rule provide for the administration and enforcement of this subdivision.  The deductions for payment to the sending out-of-state racetrack must be actual, except that when there exists any overlap of ownership, control, or interest between the sending out-of-state racetrack and the receiving licensee, the deduction must not be greater than three percent unless agreed to between the licensee and the horsepersons' organization representing the majority of horsepersons racing the breed racing the majority of races during the existing racing meeting or, if outside of the racing season, during the most recent racing meeting.

 

In lieu of the amount the licensee must pay to the commission for deposit in the Minnesota breeders fund under section 240.15, subdivision 1, The licensee shall pay to the commission for deposit in the Minnesota breeders fund 5-1/2 percent of the takeout from all pari-mutuel pools generated by wagering at the licensee's facility on full racing card simulcasts of races not conducted in this state.

 

(b) From the money set aside for purses, the licensee shall pay to the horseperson's organization representing the majority of the horsepersons racing the breed involved and contracting with the licensee with respect to purses and the conduct of the racing meetings and providing representation to its members, an amount as may be determined by agreement by the licensee and the horsepersons' organization sufficient to provide benevolent programs, benefits, and services for horsepersons and their on-track employees, an amount, sufficient to perform these services, as may be determined by agreement by the licensee and the horseperson's organization.  The amount paid may be deducted only from the money set aside for purses to be paid in races for the breed represented by the horseperson's organization.  With respect to racing meetings where more than one breed is racing, the licensee may contract independently with the horseperson's organization representing each breed racing.

 

(c) Notwithstanding sections 325D.49 to 325D.66, a horseperson's organization representing the majority of the horsepersons racing a breed at a meeting, and the members thereof, may agree to withhold horses during a meeting.

 

(d) Money set aside for purses from wagering, during the racing season, on simulcasts must be used for purses for live races conducted at the licensee's class A facility during the same racing season, over and above the 8.4 percent purse requirement or any higher requirement to which the parties agree, for races conducted in this state.  Money set aside for purses from wagering, outside of the racing season, on simulcasts must be for purses for live races conducted at the licensee's class A facility during the next racing season, over and above the 8.4 percent purse requirement or any higher requirement to which the parties agree, for races conducted in this state.

 

(e) (d) Money set aside for purses from wagering on simulcasts must be used for purses for live races involving the same breed involved in the simulcast except that money set aside for purses and payments to the breeders fund from wagering on full racing card simulcasts of races not conducted in this state, occurring during a live mixed meet, must be allotted to the purses and breeders fund for each breed participating in the mixed meet as agreed upon


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by the breed organizations participating in the live mixed meet.  The agreement shall be in writing and filed with the commission prior to the first day of the live mixed meet.  In the absence of a written agreement filed with the commission, the money set aside for purses and payments to the breeders fund from wagering on simulcasts, occurring during a live mixed meet, shall be allotted to each breed participating in the live mixed meet in the same proportion that the number of live races run by each breed bears to the total number of live races conducted during the period of the mixed meet.

 

(f) (e) The allocation of money set aside for purses to particular racing meets may be adjusted, relative to overpayments and underpayments, by contract between the licensee and the horsepersons' organization representing the majority of horsepersons racing the breed involved at the licensee's facility.

 

(g) (f) Subject to the provisions of this chapter, money set aside from pari-mutuel pools for purses must be for the breed involved in the race that generated the pool, except that if the breed involved in the race generating the pari-mutuel pool is not racing in the current racing meeting, or has not raced within the preceding 12 months at the licensee's class A facility, money set aside for purses may be distributed proportionately to those breeds that have run during the preceding 12 months or paid to the commission and used for purses or to promote racing for the breed involved in the race generating the pari-mutuel pool, or both, in a manner prescribed by the commission.

 

(h) (g) This subdivision does not apply to a class D licensee.

 

EFFECTIVE DATE.  This section is effective January 1, 2016.

 

Sec. 80.  Minnesota Statutes 2014, section 240.13, subdivision 6, is amended to read:

 

Subd. 6.  Simulcasting.  (a) The commission may permit an authorized licensee to conduct simulcasting at the licensee's facility on any day authorized by the commission.  All simulcasts must comply with the Interstate Horse Racing Act of 1978, United States Code, title 15, sections 3001 to 3007.

 

(b) The commission may not authorize any day for simulcasting at a class A facility during the racing season, and a licensee may not be allowed to transmit out-of-state telecasts of races the licensee conducts, unless the licensee has obtained the approval of the horsepersons' organization representing the majority of the horsepersons racing the breed involved at the licensed racetrack during the preceding 12 months.  In the case of a class A facility licensed under section 240.06, subdivision 5a, the approval applicable to the first year of the racetrack's operation may be obtained from the horsepersons' organization that represents the majority of horsepersons who will race the breed involved at the licensed racetrack during the first year of the racetrack's operation.

 

(c) The licensee may pay fees and costs to an entity transmitting a telecast of a race to the licensee for purposes of conducting pari-mutuel wagering on the race.  The licensee may deduct fees and costs related to the receipt of televised transmissions from a pari-mutuel pool on the televised race, provided that one-half of any amount recouped in this manner must be added to the amounts required to be set aside for purses.

 

(d) With the approval of the commission and subject to the provisions of this subdivision, a licensee may transmit telecasts of races it conducts, for wagering purposes, to locations outside the state, and the commission may allow this to be done on a commingled pool basis.

 

(e) Except as otherwise provided in this section, simulcasting may be conducted on a separate commingled pool basis or, with the approval of the commission, on a commingled separate pool basis.  All provisions of law governing pari-mutuel betting apply to simulcasting except as otherwise provided in this subdivision or in the commission's rules.  If pools are commingled, wagering at the licensed facility must be on equipment electronically linked with the equipment at the licensee's class A facility or with the sending racetrack via the totalizator computer at the licensee's class A facility.  Subject to the approval of the commission, the types of betting, takeout, and


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distribution of winnings on commingled pari-mutuel pools are those in effect at the sending racetrack.  Breakage for pari-mutuel pools on a televised race must be calculated in accordance with the law or rules governing the sending racetrack for these pools, and must be distributed in a manner agreed to between the licensee and the sending racetrack.  Notwithstanding subdivision 7 and section 240.15, subdivision 5, the commission may approve procedures governing the definition and disposition of unclaimed tickets that are consistent with the law and rules governing unclaimed tickets at the sending racetrack.  For the purposes of this section, "sending racetrack" is either the racetrack outside of this state where the horse race is conducted or, with the consent of the racetrack, an alternative facility that serves as the racetrack for the purpose of commingling pools.

 

(f) Except as otherwise provided in section 240.06, subdivision 5b, paragraph (2), if there is more than one class B licensee conducting racing within the seven-county metropolitan area, simulcasting may be conducted only on races run by a breed that ran at the licensee's class A facility within the 12 months preceding the event.

 

Sec. 81.  Minnesota Statutes 2014, section 240.135, is amended to read:

 

240.135 CARD CLUB REVENUE.

 

(a) From the amounts received from charges authorized under section 240.30, subdivision 4, the licensee shall set aside the amounts specified in this section to be used for purse payments.  These amounts are in addition to the breeders fund and purse requirements set forth elsewhere in this chapter.

 

(1) For amounts between zero and $6,000,000, the licensee shall set aside not less than ten percent to be used as purses.

 

(2) For amounts in excess of $6,000,000, the licensee shall set aside not less than 14 percent to be used as purses.

 

(b) From all amounts set aside under paragraph (a), the licensee shall set aside ten percent to be deposited in the breeders fund.  The licensee and the horseperson's organization representing the majority of horsepersons who have raced at the racetrack during the preceding 12 months may negotiate percentages different from those stated in this section if the agreement is in writing and filed with the Racing Commission.

 

(c) It is the intent of the legislature that the proceeds of the card playing activities authorized by this chapter be used to improve the horse racing industry by improving purses.  The licensee and the horseperson's organization representing the majority of horsepersons who have raced at the racetrack during the preceding 12 months may negotiate percentages that exceed those stated in this section if the agreement is in writing and filed with the commission.  The commission shall annually review the financial details of card playing activities and determine if the present use of card playing proceeds is consistent with the policy established by this paragraph.  If the commission determines that the use of the proceeds does not comply with the policy set forth herein, then the commission shall direct the parties to make the changes necessary to ensure compliance.  If these changes require legislation, the commission shall make the appropriate recommendations to the legislature.

 

Sec. 82.  Minnesota Statutes 2014, section 240.15, subdivision 1, is amended to read:

 

Subdivision 1.  Taxes imposed.  (a) There is imposed a tax at the rate of six percent of the amount in excess of $12,000,000 annually withheld from all pari-mutuel pools by the licensee, including breakage and amounts withheld under section 240.13, subdivision 4.  For the purpose of this subdivision, "annually" is the period from July 1 to June 30 of the next year.

 

In addition to the above tax, the licensee must designate and pay to the commission a tax of one percent of the total amount bet on each racing day handle for live races conducted at a class A facility, for deposit in the Minnesota breeders fund.


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The taxes imposed by this clause must be paid from the amounts permitted to be withheld by a licensee under section 240.13, subdivision 4.

 

(b) The commission may impose an admissions tax of not more than ten cents on each paid admission at a licensed racetrack on a racing day if:

 

(1) the tax is requested by a local unit of government within whose borders the track is located;

 

(2) a public hearing is held on the request; and

 

(3) the commission finds that the local unit of government requesting the tax is in need of its revenue to meet extraordinary expenses caused by the racetrack.

 

Sec. 83.  Minnesota Statutes 2014, section 240.15, subdivision 6, is amended to read:

 

Subd. 6.  Disposition of proceeds; account.  The commission shall distribute all money received under this section, and all money received from license fees and fines it collects, according to this subdivision.  All money designated for deposit in the Minnesota breeders fund must be paid into that fund for distribution under section 240.18 except that all money generated by full racing card simulcasts must be distributed as provided in section 240.18, subdivisions 2, paragraph (d), clauses (1), (2), and (3); and 3.  Revenue from an admissions tax imposed under subdivision 1 must be paid to the local unit of government at whose request it was imposed, at times and in a manner the commission determines.  Taxes received under this section and fines collected under section 240.22 must be paid to the commissioner of management and budget for deposit in the general fund.  All revenues from licenses and other fees imposed by the commission must be deposited in the state treasury and credited to a racing and card playing regulation account in the special revenue fund.  Receipts in this account are available for the operations of the commission up to the amount authorized in biennial appropriations from the legislature.

 

Sec. 84.  Minnesota Statutes 2014, section 240.16, subdivision 1, is amended to read:

 

Subdivision 1.  Powers and duties.  All horse races run at a licensed racetrack must be presided over by a board of three stewards, who must be appointees of the commission or persons approved by it.  The commission shall designate one steward as chair.  At least two stewards for all races either shall be employees of the commission who shall serve in the unclassified service, or shall be under contract with the commission to serve as stewards.  The commission may delegate the following duties and powers to a board of stewards:

 

(a) to ensure that races are run in accordance with the commission's rules;

 

(b) to supervise the conduct of racing to ensure the integrity of the sport;

 

(c) to settle disputes arising from the running of horse races, and to certify official results;

 

(d) to impose on licensees, for violation of law or commission rules, fines not exceeding $2,000 $5,000 and license suspensions not exceeding 90 days;

 

(e) to recommend to the commission where warranted penalties in excess of those in clause (d);

 

(f) to otherwise enforce the laws and rules of racing; and

 

(g) to perform other duties and have other powers assigned by the commission.


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Sec. 85.  Minnesota Statutes 2014, section 240.22, is amended to read:

 

240.22 FINES.

 

(a) The commission shall by rule establish a graduated schedule of civil fines for violations of laws related to horse racing or of the commission's rules.  The schedule must include minimum and maximum fines for each violation and be based on and reflect the culpability, frequency and severity of the violator's actions.  The commission may impose a fine from this schedule on a licensee for a violation of those rules or laws relating to horse racing.  The fine is in addition to any criminal penalty imposed for the same violation.  Fines imposed by the commission must be paid to the commission and except as provided in paragraph (b), forwarded to the commissioner of management and budget for deposit in the general fund.  A fine in excess of $2,000 $5,000 is a contested case under the Administrative Procedure Act.

 

(b) If the commission is the prevailing party in a contested case proceeding, the commission may recover, from amounts to be forwarded under paragraph (a), reasonable attorney fees and costs associated with the contested case.

 

EFFECTIVE DATE.  This section is effective July 1, 2016.

 

Sec. 86.  Minnesota Statutes 2014, section 240.23, is amended to read:

 

240.23 RULEMAKING AUTHORITY.

 

The commission has the authority, in addition to all other rulemaking authority granted elsewhere in this chapter to promulgate rules governing:

 

(a) the conduct of horse races held at licensed racetracks in Minnesota, including but not limited to the rules of racing, standards of entry, operation of claiming races, filing and handling of objections, carrying of weights, and declaration of official results;

 

(b) wire wired and wireless communications between the premises of a licensed racetrack and any place outside the premises;

 

(c) information on horse races which is sold on the premises of a licensed racetrack;

 

(d) liability insurance which it may require of all class A, class B, and class D licensees;

 

(e) the auditing of the books and records of a licensee by an auditor employed or appointed by the commission;

 

(f) emergency action plans maintained by licensed racetracks and their periodic review;

 

(g) safety, security, and sanitation of stabling facilities at licensed racetracks;

 

(h) entry fees and other funds received by a licensee in the course of conducting racing which the commission determines must be placed in escrow accounts;

 

(i) affirmative action in employment and contracting by class A, class B, and class D licensees; and

 

(j) procedures for the sampling and testing of any horse that is eligible to race in Minnesota for substances or practices that are prohibited by law or rule; and


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(j) (k) any other aspect of horse racing or pari-mutuel betting which in its opinion affects the integrity of racing or the public health, welfare, or safety.

 

Rules of the commission are subject to chapter 14, the Administrative Procedure Act.

 

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

 

Sec. 87.  Minnesota Statutes 2014, section 272.484, is amended to read:

 

272.484 FEES.

 

The fee for filing and indexing each notice of lien or certificate or notice affecting the lien is:

 

(1) for a lien, certificate of discharge or subordination, and for all other notices, including a certificate of release or nonattachment filed with the secretary of state, the fee provided by section 336.9-525, except that the filing fee charged to the district directors of internal revenue for filing a federal tax lien is $15 for up to two debtor names and $15 for each additional name; and

 

(2) for a lien, certificate of discharge or subordination, and for all other notices, including a certificate of release or nonattachment filed with the county recorder, the fee for filing a real estate mortgage in the county where filed.

 

The officer shall bill the district directors of internal revenue or other appropriate federal officials on a monthly basis for fees for documents filed by them.

 

Sec. 88.  Minnesota Statutes 2014, section 298.22, subdivision 1, is amended to read:

 

Subdivision 1.  The Office of the Commissioner of Iron Range resources and rehabilitation.  (a) The Office of the Commissioner of Iron Range resources and rehabilitation is created as an agency in the executive branch of state government.  The governor shall appoint the commissioner of Iron Range resources and rehabilitation under section 15.06.

 

(b) The commissioner may hold other positions or appointments that are not incompatible with duties as commissioner of Iron Range resources and rehabilitation.  The commissioner may appoint a deputy commissioner.  All expenses of the commissioner, including the payment of staff and other assistance as may be necessary, must be paid out of the amounts appropriated by section 298.28 or otherwise made available by law to the commissioner.  Notwithstanding chapters 16A, 16B, and 16C, the commissioner may utilize contracting options available under section 471.345 when the commissioner determines it is in the best interest of the agency.  The agency is not subject to sections 16E.016 and 16C.05.

 

(c) When the commissioner determines that distress and unemployment exists or may exist in the future in any county by reason of the removal of natural resources or a possibly limited use of natural resources in the future and any resulting decrease in employment, the commissioner may use whatever amounts of the appropriation made to the commissioner of revenue in section 298.28 that are determined to be necessary and proper in the development of the remaining resources of the county and in the vocational training and rehabilitation of its residents, except that the amount needed to cover cost overruns awarded to a contractor by an arbitrator in relation to a contract awarded by the commissioner or in effect after July 1, 1985, is appropriated from the general fund.  For the purposes of this section, "development of remaining resources" includes, but is not limited to, the promotion of tourism.


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Sec. 89.  Minnesota Statutes 2014, section 303.19, is amended to read:

 

303.19 REINSTATEMENT.

 

Subdivision 1.  Application Required filing.  Any foreign corporation whose certificate of authority to do business in this state shall have been revoked or canceled may file reinstate that authority by filing an annual renewal and the fee required by subdivision 2 with the secretary of state an application for reinstatement.  Such application shall be on forms prescribed by the secretary of state, shall contain all the matters required to be set forth in an original application for a certificate of authority, and such other pertinent information as may be required by the secretary of state.  If any of the information in the original application for authority has changed, the foreign corporation must also file an amended certificate setting forth the currently accurate information, with the fee required by section 303.21, subdivision 3.

 

Subd. 2.  Fee.  If the certificate of authority was revoked by the secretary of state pursuant to section 303.17, the corporation shall pay to the commissioner of management and budget $250 before it may be reinstated.

 

If the certificate of authority was canceled or by a judgment pursuant to section 303.18, the corporation shall pay to the commissioner of management and budget $500 before it may be reinstated.

 

Subd. 3.  Certificate of reinstatement.  Upon the filing of the application and upon payment of all penalties, fees and charges required by law, not including an initial license fee or additional license fees to the extent that they have previously been paid by the corporation the fees imposed by this section, the secretary of state shall reinstate the license of the corporation.

 

Sec. 90.  Minnesota Statutes 2014, section 304A.301, subdivision 1, is amended to read:

 

Subdivision 1.  Report required.  No later than 90 days after the conclusion of each calendar year Before each April 1, a public benefit corporation must deliver to the secretary of state for filing an annual benefit report covering the 12-month period ending on December 31 of that the previous year and pay a fee of $35 to the secretary of state.  The annual benefit report must state the name of the public benefit corporation, be signed by the public benefit corporation's chief executive officer not more than 30 days before the report is delivered to the secretary of state for filing, and must be current when signed.

 

Sec. 91.  Minnesota Statutes 2014, section 304A.301, subdivision 5, is amended to read:

 

Subd. 5.  Failure to file an annual benefit report.  If a public benefit corporation fails to file an, before April 1 of any calendar year, the annual benefit report in accordance with this section within 90 days of the date on which an annual benefit report is due required by this section, the secretary of state shall revoke the corporation's status as a public benefit corporation under this chapter and must notify the public benefit corporation of the revocation using the information provided by the corporation pursuant to section 5.002 or 5.34 or provided in the articles.

 

Sec. 92.  Minnesota Statutes 2014, section 304A.301, subdivision 6, is amended to read:

 

Subd. 6.  Effects of revocation; reinstatement.  (a) A public benefit corporation that has lost its public benefit corporation status for failure to timely file an annual benefit report or by terminating that status pursuant to section 304A.103 is not entitled to the benefits afforded to a public benefit corporation under this chapter as of the date of revocation or termination and must amend the articles of incorporation to reflect a name compliant with section 302A.115, but which does not include the corporate designation provided for in section 304A.101, subdivision 2.


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(b) Within 30 days of issuance of revocation of public benefit corporation status by the secretary of state, filing a renewal complying with this section and a $500 fee with the secretary of state will reinstate the corporation as a public benefit corporation under this chapter as of the date of revocation.

 

Sec. 93.  Minnesota Statutes 2014, section 304A.301, is amended by adding a subdivision to read:

 

Subd. 8.  Failure to change corporate name.  The duration of a corporation that has had public benefit status terminated or revoked and which fails to change the corporate name as provided in subdivision 6 expires automatically 30 days after termination or revocation of the public benefit corporation status.

 

Sec. 94.  Minnesota Statutes 2014, section 326A.01, subdivision 2, is amended to read:

 

Subd. 2.  Attest.  "Attest" means to provide providing any of the following financial statement services:

 

(1) an audit or other engagement performed in accordance with the Statements on Auditing Standards (SAS);

 

(2) a review of a financial statement performed in accordance with the Statements on Standards for Accounting and Review Services (SSARS);

 

(3) an examination of prospective financial information performed in accordance with the Statements on Standards for Attestation Engagements (SSAE); and

 

(4) any an engagement performed in accordance with auditing and related the standards of the Public Company Accounting Oversight Board (PCAOB); and

 

(5) an examination, review, or agreed-upon procedures engagement performed in accordance with SSAE, other than an examination described in clause (3).

 

Sec. 95.  Minnesota Statutes 2014, section 326A.01, subdivision 12, is amended to read:

 

Subd. 12.  Peer review.  "Peer review" means an independent study, appraisal, or review of one or more aspects of the professional work of a licensee or CPA firm that issues attest or compilation reports, or the professional work of a person registered under section 326A.06, paragraph (b), by persons who are not affiliated with the licensee or CPA firm being reviewed.

 

Sec. 96.  Minnesota Statutes 2014, section 326A.01, subdivision 13a, is amended to read:

 

Subd. 13a.  Principal place of business.  "Principal place of business" means the office location designated by the licensee for purposes of substantial equivalency and reciprocity in this state and in other states.

 

Sec. 97.  Minnesota Statutes 2014, section 326A.01, subdivision 15, is amended to read:

 

Subd. 15.  Report.  "Report," when used with reference to financial statements an attest or compilation service, means an opinion, report, or other form of language that states or implies assurance as to the reliability of any the attested information or compiled financial statements and that also includes or is accompanied by a statement or implication that the person or firm issuing it has special knowledge or competence in accounting or auditing.  Such a statement or implication of special knowledge or competence may arise from use by the issuer of the report of names or titles indicating that the person or firm is an accountant or auditor, or from the language of the report itself.  The term "report" includes any form of language that disclaims an opinion when the form of language is conventionally understood to imply any positive assurance as to the reliability of the attested information or compiled financial statements referred to or special competence on the part of the person or firm issuing the language.  It includes any other form of language that is conventionally understood to imply such assurance or such special knowledge or competence.


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Sec. 98.  Minnesota Statutes 2014, section 326A.01, subdivision 16, is amended to read:

 

Subd. 16.  State.  "State" means any state of the United States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, the Commonwealth of the Northern Mariana Islands, and Guam; except that "this state" means the state of Minnesota.

 

Sec. 99.  Minnesota Statutes 2014, section 326A.02, subdivision 3, is amended to read:

 

Subd. 3.  Officers; proceedings.  The board shall elect one of its number members as chair, another as vice‑chair, and another as secretary and treasurer.  The officers shall hold their respective offices for a term of one year and until their successors are elected.  The affirmative vote of a majority of the qualified members of the board, or a majority of a quorum of the board at any meeting duly called, is considered the action of the board.  The board shall meet at such times and places as may be fixed by the board.  Meetings of the board are subject to chapter 13D.  A majority of the board members then in office constitutes a quorum at any meeting duly called.  The board shall retain or arrange for the retention of all applications and all documents under oath that are filed with the board and also records of its proceedings, and it shall maintain a registry of the names and addresses of all licensees and registrants under this chapter.  In any proceeding in court, civil or criminal, arising out of or founded upon any provision of this chapter, copies of records of the proceeding certified as true copies by the board chair or executive director shall be admissible in evidence as tending to prove the contents of the records.

 

Sec. 100.  Minnesota Statutes 2014, section 326A.02, subdivision 5, is amended to read:

 

Subd. 5.  Rules.  The board may adopt rules governing its administration and enforcement of this chapter and the conduct of licensees and persons registered under section 326A.06, paragraph (b), including:

 

(1) rules governing the board's meetings and the conduct of its business;

 

(2) rules of procedure governing the conduct of investigations and hearings and discipline by the board;

 

(3) rules specifying the educational and experience qualifications required for the issuance of certificates and the continuing professional education required for renewal of certificates;

 

(4) rules of professional conduct directed to controlling the quality and probity of services by licensees, and dealing among other things with independence, integrity, and objectivity; competence and technical standards; and responsibilities to the public and to clients;

 

(5) rules governing the professional standards applicable to licensees including adoption of the standards specified in section 326A.01, subdivision 2, and as developed for general application by recognized national accountancy organizations such as the American Institute of Certified Public Accountants or the Public Company Accounting Oversight Board;

 

(6) rules that incorporate by reference the standards for attesting listed in section 326A.01, subdivision 2, that are consistent with the standards of general applicability recognized by national accountancy organizations, including the American Institute of Certified Public Accountants and the Public Company Accounting Oversight Board;

 

(6) (7) rules governing the manner and circumstances of use of the titles "certified public accountant," "CPA," "registered accounting practitioner," and "RAP";

 

(7) (8) rules regarding peer review that may be required to be performed under provisions of this chapter;

 

(8) (9) rules on substantial equivalence to implement section 326A.14;


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(9) (10) rules regarding the conduct of the certified public accountant examination;

 

(10) (11) rules regarding the issuance and renewals of certificates, permits, and registrations;

 

(11) (12) rules regarding transition provisions to implement this chapter;

 

(12) (13) rules specifying the educational and experience qualifications for registration, rules of professional conduct, rules regarding peer review, rules governing standards for providing services, and rules regarding the conduct and content of examination for those persons registered under section 326A.06, paragraph (b);

 

(13) (14) rules regarding fees for examinations, certificate issuance and renewal, firm permits, registrations under section 326A.06, paragraph (b), notifications made under section 326A.14, and late processing fees; and

 

(14) (15) upon any change to this chapter, if the board determines a change in Minnesota Rules is required, the board may initiate the expedited process under section 14.389 up to one year after the effective date of the change to this chapter.

 

Sec. 101.  Minnesota Statutes 2014, section 326A.05, subdivision 1, is amended to read:

 

Subdivision 1.  General.  The board shall grant or renew permits to practice as a CPA firm to entities that make application and demonstrate their qualifications in accordance with this section.

 

(a) The following must hold a permit issued under this section:

 

(1) any firm with an office in this state performing attest services as defined in section 326A.01, subdivision 2;

 

(2) to the extent required by section 326A.10, paragraph (k), any firm with an office in this state performing compilation services as defined in section 326A.01, subdivision 6;

 

(3) any firm with an office in this state that uses the title "CPA" or "CPA firm"; or

 

(4) any firm that does not have an office in this state but performs attest services as described in section 326A.01, subdivision 2, paragraph (1), (3), or (4), for a client having its headquarters in this state.

 

(b) A firm possessing a valid permit from another state which does not have an office in this state may perform services described in section 326A.01, subdivision 2, clause (2) or (5), or subdivision 6, for a client having its headquarters in this state and may use the title "CPA" or "CPA firm" without a permit issued under this section only if:

 

(1) it has the qualifications described in subdivision 3, paragraph (b);

 

(2) as a condition to the renewal of the firm's permit issued by the other state, that state requires a peer review which contains the requirements equivalent to subdivision 8, paragraphs (a) and (e); and

 

(3) it performs the services through an individual who has been granted practice privileges under section 326A.14.

 

(c) A firm possessing a valid permit from another state that does not have an office in this state and which is not subject to the requirements of paragraph (a), clause (4), or (b), may perform other professional services while using the title "CPA" or "CPA firm" in this state without a permit issued under this section only if the firm:

 

(1) has the qualifications described in subdivision 3, paragraph (b);


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(2) performs the services through an individual who has been granted practice privileges under section 326A.14; and

 

(3) can lawfully perform the services in the state where the individuals with practice privileges have their principal place of business.

 

Sec. 102.  Minnesota Statutes 2014, section 326A.05, subdivision 3, is amended to read:

 

Subd. 3.  Qualifications.  (a) An applicant for initial issuance or renewal of a permit to practice under this section shall comply with the requirements in this subdivision.

 

(b) Notwithstanding chapter 319B or any other provision of law, a simple majority of the ownership of the firm, in terms of financial interests and voting rights of all partners, officers, shareholders, members, or managers, must belong to holders of certificates who are licensed in some state, and the partners, officers, shareholders, members, or managers, whose principal place of business is in this state, and who perform professional services in this state, must hold valid certificates issued under section 326A.04 or the corresponding provision of prior law.  Although firms may include nonlicensee owners, the firm and its ownership must comply with rules adopted by the board.  The firm shall register all nonlicensee owners with the state board as set forth by rule.  An individual who has been granted practice privileges under section 326A.14 and who performs services for which a firm permit is required under section 326A.14, subdivision 1, paragraph (d), is not required to obtain a certificate from the board under section 326A.04.

 

(c) A CPA firm may include nonlicensee owners provided that:

 

(1) the firm designates a licensee of this state, or in the case of a firm that must have a permit according to section 326A.14, subdivision 1, paragraph (d), a licensee of another state who meets the requirements in section 326A.14, subdivision 1, paragraph (a) or (b), who is responsible for the proper registration of the firm and identifies that individual to the board;

 

(2) all nonlicensee owners are persons of good moral character and are active individual participants in the CPA firm or affiliated entities; and

 

(3) the firm complies with other requirements imposed by the board in rule.

 

(d) An individual licensee and any individual granted practice privileges under section 326A.14 who is responsible for supervising attest or compilation services and signs or authorizes someone to sign the accountant's report on the financial statements on behalf of the firm, shall meet the competency requirements set out in the professional standards for such services.

 

(e) An individual licensee and any individual granted practice privileges under section 326A.14 who signs or authorizes someone to sign the accountants' report on the financial statements on behalf of the firm shall meet the competency requirement of paragraph (d).

 

Sec. 103.  Minnesota Statutes 2014, section 326A.10, is amended to read:

 

326A.10 UNLAWFUL ACTS.

 

(a) Only a licensee and individuals who have been granted practice privileges under section 326A.14 may issue a report on financial statements of any person, firm, organization, or governmental unit that results from providing attest services, or offer to render or render any attest service.  Only a certified public accountant, an individual who has been granted practice privileges under section 326A.14, a CPA firm, or, to the extent permitted by board rule, a person registered under section 326A.06, paragraph (b), may issue a report on financial statements of any person,


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firm, organization, or governmental unit that results from providing compilation services or offer to render or render any compilation service.  These restrictions do not prohibit any act of a public official or public employee in the performance of that person's duties or prohibit the performance by any nonlicensee of other services involving the use of accounting skills, including the preparation of tax returns, management advisory services, and the preparation of financial statements without the issuance of reports on them.  Nonlicensees may prepare financial statements and issue nonattest transmittals or information on them which do not purport to be in compliance with the Statements on Standards for Accounting and Review Services (SSARS).  Nonlicensees registered under section 326A.06, paragraph (b), may, to the extent permitted by board rule, prepare financial statements and issue nonattest transmittals or information on them.

 

(b) Licensees and individuals who have been granted practice privileges under section 326A.14 performing attest or compilation services must provide those services in accordance with professional standards.  To the extent permitted by board rule, registered accounting practitioners performing compilation services must provide those services in accordance with standards specified in board rule.

 

(c) A person who does not hold a valid certificate issued under section 326A.04 or a practice privilege granted under section 326A.14 shall not use or assume the title "certified public accountant," the abbreviation "CPA," or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that the person is a certified public accountant.

 

(d) A firm shall not provide attest services or assume or use the title "certified public accountants," the abbreviation "CPA's," or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that the firm is a CPA firm unless (1) the firm has complied with section 326A.05, and (2) ownership of the firm is in accordance with this chapter and rules adopted by the board.

 

(e) A person or firm that does not hold a valid certificate or permit issued under section 326A.04 or 326A.05 or has not otherwise complied with section 326A.04 or 326A.05 as required in this chapter shall not assume or use the title "certified accountant," "chartered accountant," "enrolled accountant," "licensed accountant," "registered accountant," "accredited accountant," "accounting practitioner," "public accountant," "licensed public accountant," or any other title or designation likely to be confused with the title "certified public accountant," or use any of the abbreviations "CA," "LA," "RA," "AA," "PA," "AP," "LPA," or similar abbreviation likely to be confused with the abbreviation "CPA."  The title "enrolled agent" or "EA" may only be used by individuals so designated by the Internal Revenue Service.

 

(f) Persons registered under section 326A.06, paragraph (b), may use the title "registered accounting practitioner" or the abbreviation "RAP."  A person who does not hold a valid registration under section 326A.06, paragraph (b), shall not assume or use such title or abbreviation.

 

(g) Except to the extent permitted in paragraph (a), nonlicensees may not use language in any statement relating to the financial affairs of a person or entity that is conventionally used by licensees in reports on financial statements or on an attest service.  In this regard, the board shall issue by rule safe harbor language that nonlicensees may use in connection with such financial information.  A person or firm that does not hold a valid certificate or permit, or a registration issued under section 326A.04, 326A.05, or 326A.06, paragraph (b), or has not otherwise complied with section 326A.04 or 326A.05 as required in this chapter shall not assume or use any title or designation that includes the word "accountant" or "accounting" in connection with any other language, including the language of a report, that implies that the person or firm holds such a certificate, permit, or registration or has special competence as an accountant.  A person or firm that does not hold a valid certificate or permit issued under section 326A.04 or 326A.05 or has not otherwise complied with section 326A.04 or 326A.05 as required in this chapter shall not assume or use any title or designation that includes the word "auditor" in connection with any other language, including the language of a report, that implies that the person or firm holds such a certificate or permit or has special competence as an auditor.  However, this paragraph does not prohibit any officer, partner, member, manager,


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or employee of any firm or organization from affixing that person's own signature to any statement in reference to the financial affairs of such firm or organization with any wording designating the position, title, or office that the person holds, nor prohibit any act of a public official or employee in the performance of the person's duties as such.

 

(h)(1) No person holding a certificate or registration or firm holding a permit under this chapter shall use a professional or firm name or designation that is misleading about the legal form of the firm, or about the persons who are partners, officers, members, managers, or shareholders of the firm, or about any other matter.  However, names of one or more former partners, members, managers, or shareholders may be included in the name of a firm or its successor.

 

(2) A common brand name or network name part, including common initials, used by a CPA firm in its name, is not misleading if the firm is a network firm as defined in the American Institute of Certified Public Accountants (AICPA) Code of Professional Conduct in effect July 1, 2011, and when offering or rendering services that require independence under AICPA standards, the firm must comply with the AICPA code's applicable standards on independence.

 

(i) Paragraphs (a) to (h) do not apply to a person or firm holding a certification, designation, degree, or license granted in a foreign country entitling the holder to engage in the practice of public accountancy or its equivalent in that country, if:

 

(1) the activities of the person or firm in this state are limited to the provision of professional services to persons or firms who are residents of, governments of, or business entities of the country in which the person holds the entitlement;

 

(2) the person or firm performs no attest or compilation services and issues no reports with respect to the financial statements information of any other persons, firms, or governmental units in this state; and

 

(3) the person or firm does not use in this state any title or designation other than the one under which the person practices in the foreign country, followed by a translation of the title or designation into English, if it is in a different language, and by the name of the country.

 

(j) No holder of a certificate issued under section 326A.04 may perform attest services through any business form that does not hold a valid permit issued under section 326A.05.

 

(k) No individual licensee may issue a report in standard form upon a compilation of financial information through any form of business that does not hold a valid permit issued under section 326A.05, unless the report discloses the name of the business through which the individual is issuing the report, and the individual:

 

(1) signs the compilation report identifying the individual as a certified public accountant;

 

(2) meets the competency requirement provided in applicable standards; and

 

(3) undergoes no less frequently than once every three years, a peer review conducted in a manner specified by the board in rule, and the review includes verification that the individual has met the competency requirements set out in professional standards for such services.

 

(l) No person registered under section 326A.06, paragraph (b), may issue a report in standard form upon a compilation of financial information unless the board by rule permits the report and the person:

 

(1) signs the compilation report identifying the individual as a registered accounting practitioner;


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(2) meets the competency requirements in board rule; and

 

(3) undergoes no less frequently than once every three years a peer review conducted in a manner specified by the board in rule, and the review includes verification that the individual has met the competency requirements in board rule.

 

(m) Nothing in this section prohibits a practicing attorney or firm of attorneys from preparing or presenting records or documents customarily prepared by an attorney or firm of attorneys in connection with the attorney's professional work in the practice of law.

 

(n) The board shall adopt rules that place limitations on receipt by a licensee or a person who holds a registration under section 326A.06, paragraph (b), of:

 

(1) contingent fees for professional services performed; and

 

(2) commissions or referral fees for recommending or referring to a client any product or service.

 

(o) Anything in this section to the contrary notwithstanding, it shall not be a violation of this section for a firm not holding a valid permit under section 326A.05 and not having an office in this state to provide its professional services in this state so long as it complies with the applicable requirements of section 326A.05, subdivision 1.

 

Sec. 104.  Minnesota Statutes 2014, section 336A.09, subdivision 1, is amended to read:

 

Subdivision 1.  Procedure.  (a) Oral Online and written inquiries regarding information provided by the filing of effective financing statements or lien notices may be made at any filing office submitted to the secretary of state during regular business hours or, if submitted online, at any time.

 

(b) A filing office receiving an oral or written inquiry shall, upon request The secretary of state must, upon receiving an inquiry, provide an oral or facsimile a prompt response to the inquiry.

 

(c) A filing office The secretary of state shall maintain a record of inquiries made under this section including:

 

(1) the date of the inquiry;

 

(2) the name of the debtor inquired about; and

 

(3) identification of the person making the request for inquiry.

 

Sec. 105.  Minnesota Statutes 2014, section 364.09, is amended to read:

 

364.09 EXCEPTIONS.

 

(a) This chapter does not apply to the licensing process for peace officers; to law enforcement agencies as defined in section 626.84, subdivision 1, paragraph (f); to fire protection agencies; to eligibility for a private detective or protective agent license; to the licensing and background study process under chapters 245A and 245C; to the licensing and background investigation process under chapter 240; to eligibility for school bus driver endorsements; to eligibility for special transportation service endorsements; to eligibility for a commercial driver training instructor license, which is governed by section 171.35 and rules adopted under that section; to emergency medical services personnel, or to the licensing by political subdivisions of taxicab drivers, if the applicant for the license has been discharged from sentence for a conviction within the ten years immediately preceding application of a violation of any of the following:


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(1) sections 609.185 to 609.2114, 609.221 to 609.223, 609.342 to 609.3451, or 617.23, subdivision 2 or 3; or Minnesota Statutes 2012, section 609.21;

 

(2) any provision of chapter 152 that is punishable by a maximum sentence of 15 years or more; or

 

(3) a violation of chapter 169 or 169A involving driving under the influence, leaving the scene of an accident, or reckless or careless driving.

 

This chapter also shall not apply to eligibility for juvenile corrections employment, where the offense involved child physical or sexual abuse or criminal sexual conduct.

 

(b) This chapter does not apply to a school district or to eligibility for a license issued or renewed by the Board of Teaching or the commissioner of education.

 

(c) Nothing in this section precludes the Minnesota Police and Peace Officers Training Board or the state fire marshal from recommending policies set forth in this chapter to the attorney general for adoption in the attorney general's discretion to apply to law enforcement or fire protection agencies.

 

(d) This chapter does not apply to a license to practice medicine that has been denied or revoked by the Board of Medical Practice pursuant to section 147.091, subdivision 1a.

 

(e) This chapter does not apply to any person who has been denied a license to practice chiropractic or whose license to practice chiropractic has been revoked by the board in accordance with section 148.10, subdivision 7.

 

(f) This chapter does not apply to any license, registration, or permit that has been denied or revoked by the Board of Nursing in accordance with section 148.261, subdivision 1a.

 

(g) This chapter does not supersede a requirement under law to conduct a criminal history background investigation or consider criminal history records in hiring for particular types of employment.

 

Sec. 106.  [383B.83] LIMITS ON RAILROAD CONDEMNATION POWERS OVER CERTAIN GOVERNMENTAL PROPERTY INTERESTS.

 

Notwithstanding anything to the contrary in chapter 117, sections 222.26, 222.27, 222.36, or any other law, the powers of a railroad corporation or a railroad company or a railroad interest acting as a public service corporation or a common carrier do not include the power to exercise eminent domain over a property interest owned by Hennepin County, the Hennepin County Housing and Redevelopment Authority, or the Hennepin County Regional Railroad Authority if such governmental power, by resolution of its governing board, determines based on findings that the public safety or access of first responders would be detrimentally affected by the exercise. 

 

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

 

Sec. 107.  Minnesota Statutes 2014, section 471.6161, subdivision 8, is amended to read:

 

Subd. 8.  School districts; group health insurance coverage.  (a) Any entity providing group health insurance coverage to a school district must provide the school district with school district-specific nonidentifiable aggregate claims records for the most recent 24 months within 30 days of the request.

 

(b) School districts shall request proposals for group health insurance coverage as provided in subdivision 2 from a minimum of three potential sources of coverage.  One of these requests must go to an administrator governed by chapter 43A.  Entities referenced in subdivision 1 must respond to requests for proposals received directly from a


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school district.  School districts that are self-insured must also follow these provisions, except as provided in paragraph (f).  School districts must make requests for proposals at least 150 days prior to the expiration of the existing contract but not more frequently than once every 24 months.  The request for proposals must include the most recently available 24 months of nonidentifiable aggregate claims data.  The request for proposals must be publicly released at or prior to its release to potential sources of coverage.

 

(c) School district contracts for group health insurance must not be longer than two years unless the exclusive representative of the largest employment group and the school district agree otherwise.

 

(d) All initial proposals shall be sealed upon receipt until they are all opened no less than 90 days prior to the plan's renewal date in the presence of up to three representatives selected by the exclusive representative of the largest group of employees.  Section 13.591, subdivision 3, paragraph (b), applies to data in the proposals.  The representatives of the exclusive representative must maintain the data according to this classification and are subject to the remedies and penalties under sections 13.08 and 13.09 for a violation of this requirement.

 

(e) A school district, in consultation with the same representatives referenced in paragraph (d), may continue to negotiate with any entity that submitted a proposal under paragraph (d) in order to reduce costs or improve services under the proposal.  Following the negotiations any entity that submitted an initial proposal may submit a final proposal incorporating the negotiations, which is due no less than 75 days prior to the plan's renewal date.  All the final proposals submitted must be opened at the same time in the presence of up to three representatives selected by the exclusive representative of the largest group of employees.  Notwithstanding section 13.591, subdivision 3, paragraph (b), following the opening of the final proposals, all the proposals, including any made under paragraph (d), and other data submitted in connection with the proposals are public data.  The school district may choose from any of the initial or final proposals without further negotiations and in accordance with subdivision 5, but not sooner than 15 days after the proposals become public data.

 

(f) School districts that are self-insured shall follow all of the requirements of this section, except that:

 

(1) their requests for proposals may be for third-party administrator services, where applicable;

 

(2) these requests for proposals must be from a minimum of three different sources, which may include both entities referenced in subdivision 1 and providers of third-party administrator services;

 

(3) for purposes of fulfilling the requirement to request a proposal for group insurance coverage from an administrator governed by chapter 43A, self-insured districts are not required to include in the request for proposal the coverage to be provided;

 

(4) a district that is self-insured on or before the date of enactment, or that is self-insured with more than 1,000 insured lives, or a district in which the school board adopted a motion on or before May 14, 2014, to approve a self‑insured health care plan to be effective July 1, 2014, may, but need not, request a proposal from an administrator governed by chapter 43A;

 

(5) requests for proposals must be sent to providers no less than 90 days prior to the expiration of the existing contract; and

 

(6) proposals must be submitted at least 60 days prior to the plan's renewal date and all proposals shall be opened at the same time and in the presence of the exclusive representative, where applicable.

 

(g) Nothing in this section shall restrict the authority granted to school district boards of education by section 471.59, except that districts will not be considered self-insured for purposes of this subdivision solely through participation in a joint powers arrangement.


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(h) An entity providing group health insurance to a school district under a multiyear contract must give notice of any rate or plan design changes applicable under the contract at least 90 days before the effective date of any change.  The notice must be given to the school district and to the exclusive representatives of employees.

 

(i) Notwithstanding the provisions of section 43A.316, subdivision 10, school employees and their employers insured through chapter 43A are subject to the requirements of this section.

 

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

 

Sec. 108.  Minnesota Statutes 2014, section 473.123, subdivision 2a, is amended to read:

 

Subd. 2a.  Terms.  Following each apportionment of council districts, as provided under subdivision 3a, council members must be appointed from newly drawn districts as provided in subdivision 3a.  Each council member, other than the chair, must reside in the council district represented.  Each council district must be represented by one member of the council.  The terms of members end with the term of the governor are staggered as follows:  members representing even-numbered districts have terms ending the first Monday in January of the year ending in the numeral "7"; and members representing odd-numbered districts have terms ending the first Monday in January of the year ending in the numeral "5."  Thereafter the term of each member is four years, with terms ending the first Monday in January, except that all terms expire on the effective date of the next apportionment.  A member serves at the pleasure of the governor.  A member shall continue to serve the member's district until a successor is appointed and qualified; except that, following each apportionment, the member shall continue to serve at large until the governor appoints 16 council members, one from each of the newly drawn council districts as provided under subdivision 3a, to serve terms as provided under this section.  The appointment to the council must be made by the first Monday in March of the year in which the term ends.

 

EFFECTIVE DATE; APPLICATION.  This section is effective the day following final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.

 

Sec. 109.  Minnesota Statutes 2014, section 473.123, subdivision 3, is amended to read:

 

Subd. 3.  Membership; appointment; qualifications.  (a) Sixteen members must be appointed by the governor from districts defined by this section.  Each council member must reside in the council district represented.  Each council district must be represented by one member of the council.  Each Metropolitan Council member must be an elected city council member or mayor, or county commissioner.  A Metropolitan Council member's office becomes vacant if the person appointed to that position ceases to be an elected city council member or mayor, or county commissioner.

 

(b) In addition to the notice required by section 15.0597, subdivision 4, notice of vacancies and expiration of terms must be published in newspapers of general circulation in the metropolitan area and the appropriate districts.  The governing bodies of the statutory and home rule charter cities, counties, and towns having territory in the district for which a member is to be appointed must be notified in writing.  The notices must describe the appointments process and invite participation and recommendations on the appointment.

 

(c) The governor shall create a nominating committee, composed A committee of seven metropolitan citizens appointed by the governor, to shall nominate persons for appointment to the council from districts.  Three of the committee members must be local elected officials appointed by the Association of Metropolitan Municipalities, one must be a county commissioner appointed by the Association of Minnesota Counties, and three must be appointed by the governor.  Following the submission of applications as provided under section 15.0597, subdivision 5, the nominating committee shall conduct public meetings, after appropriate notice, to accept statements from or on behalf of persons who have applied or been nominated for appointment and to allow consultation with and secure the advice of the public and local elected officials.  The committee shall hold the meeting on each appointment in


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the district or in a reasonably convenient and accessible location in the part of the metropolitan area in which the district is located.  The committee may consolidate meetings.  Following the meetings, the committee shall submit to the governor a list of nominees for each appointment.  The governor is not required to appoint from the list.

 

(d) Before making an appointment, the governor shall consult with all members of the legislature from the council district for which the member is to be appointed.

 

(e) Appointments to the council are subject to the advice and consent of the senate as provided in section 15.066.

 

(f) Members of the council must be appointed to reflect fairly the various demographic, political, and other interests in the metropolitan area and the districts.

 

(g) Members of the council must be persons knowledgeable about urban and metropolitan affairs.

 

(h) Any vacancy in the office of a council member shall immediately be filled for the unexpired term.  In filling a vacancy, the governor may forgo the requirements of paragraph (c) if the governor has made appointments in full compliance with the requirements of this subdivision within the preceding 12 months.

 

EFFECTIVE DATE; APPLICATION.  This section is effective the day following final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.

 

Sec. 110.  Minnesota Statutes 2014, section 473.123, subdivision 4, is amended to read:

 

Subd. 4.  Chair; appointment, officers, selection; duties and compensation.  (a) The chair of the Metropolitan Council shall be appointed elected by the governor 16 members of the council as the 17th voting member thereof by and with the advice and consent of the senate to serve at the pleasure of the governor council to represent the metropolitan area at large.  Senate confirmation shall be as provided by section 15.066.

 

The chair of the Metropolitan Council shall, if present, preside at meetings of the council, have the primary responsibility for meeting with local elected officials, serve as the principal legislative liaison, present to the governor and the legislature, after council approval, the council's plans for regional governance and operations, serve as the principal spokesperson of the council, and perform other duties assigned by the council or by law.

 

(b) The Metropolitan Council shall elect other officers as it deems necessary for the conduct of its affairs for a one-year term.  A secretary and treasurer need not be members of the Metropolitan Council.  Meeting times and places shall be fixed by the Metropolitan Council and special meetings may be called by a majority of the members of the Metropolitan Council or by the chair.  The chair and each Metropolitan Council member shall be reimbursed for actual and necessary expenses.

 

(c) Each member of the council shall attend and participate in council meetings and meet regularly with local elected officials and legislative members from the council member's district.  Each council member shall serve on at least one division committee for transportation, environment, or community development.

 

(d) In the performance of its duties the Metropolitan Council may adopt policies and procedures governing its operation, establish committees, and, when specifically authorized by law, make appointments to other governmental agencies and districts.

 

EFFECTIVE DATE; APPLICATION.  This section is effective the day following final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.  The term of the chair of the Metropolitan Council serving on the effective date of this section ends on that date, but the chair may continue serving until a new chair is elected by the council under this section.


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Sec. 111.  Minnesota Statutes 2014, section 473J.07, subdivision 3, is amended to read:

 

Subd. 3.  Compensation.  The authority may compensate its members, other than the chair, as provided in section 15.0575.  The chair shall receive, unless otherwise provided by other law, a salary in an amount fixed by the authority, and shall be reimbursed for reasonable expenses to the same extent as a member No members of the authority receive a salary.

 

Sec. 112.  Laws 2013, chapter 142, article 1, section 10, is amended to read:

 

Sec. 10.  OFFICE OF ENTERPRISE TECHNOLOGY MN.IT SERVICES

 

$2,431,000

 

 

$2,431,000

 

During the biennium ending June 30, 2015, the Office of Enterprise Technology MN.IT Services must not charge fees to a public noncommercial educational television broadcast station eligible for funding under Minnesota Statutes, chapter 129D, for access to the state broadcast infrastructure.  If the access fees not charged to public noncommercial educational television broadcast stations total more than $400,000 for the biennium, the office may charge for access fees in excess of these amounts.

 

The commissioner of Minnesota management and budget is authorized to provide cash flow assistance of up to $110,000,000 from the special revenue fund or other statutory general funds as defined in Minnesota Statutes, section 16A.671, subdivision 3, paragraph (a), to the Office of Enterprise Technology MN.IT Services for the purpose of managing revenue and expenditure differences during the initial phases of IT consolidation.  These funds shall be repaid with interest by June 30, 2015 the end of the fiscal year 2015 closing period.

 

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

 

Sec. 113.  Laws 2015, chapter 3, section 4, is amended to read:

 

Sec. 4.  AGENCY HEAD SALARY FREEZE.

 

Notwithstanding Minnesota Statutes, section 15A.0815, subdivisions 1 and 5, the salary rate for positions listed in Minnesota Statutes, section 15A.0815, for positions appointed by the governor, may not be set at a salary rate in excess of the previous calendar year.  The salary of the chair of the Metropolitan Council is $61,414, unless changed under the process in Minnesota Statutes, section 15A.081, subdivision 5.

 

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

 

Sec. 114.  LIMIT ON AGENCY HEAD SALARY INCREASE.

 

The percentage increase in salary granted to an agency head listed in Minnesota Statutes, section 15A.0815, who is appointed by the governor may not exceed the lesser of:  (1) the percentage increase in Minnesota median household income, as determined by the American Community Survey compiled by the United States Bureau of the


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Census, for the most recent 12-month period for which data is available; or (2) the percentage increase in the consumer price index, as determined by the United States Bureau of Economic Analysis, for the most recent 12‑month period for which data is available. 

 

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

 

Sec. 115.  LEGISLATIVE SURROGACY COMMISSION.

 

Subdivision 1.  Membership.  The Legislative Commission on Surrogacy shall consist of 15 members, appointed as follows:

 

(1) three members of the senate appointed by the senate majority leader;

 

(2) three members of the senate appointed by the senate minority leader;

 

(3) three members of the house of representatives appointed by the speaker of the house of representatives;

 

(4) three members of the house of representatives appointed by the house of representatives minority leader;

 

(5) the commissioner of human services or the commissioner's designee;

 

(6) the commissioner of health or the commissioner's designee; and

 

(7) a family court referee appointed by the chief justice of the state Supreme Court.

 

Appointments must be made by June 1, 2015.

 

Subd. 2.  Chair.  The commission shall elect a chair from among its members.

 

Subd. 3.  Meetings.  The ranking majority member of the commission who is appointed by the senate majority leader shall convene the first meeting by July 1, 2015.  The commission shall have at least six meetings but may not have more than ten meetings.

 

Subd. 4.  Conflict of interest.  A commission member may not participate in or vote on a decision of the commission in which the member has either a direct or indirect personal financial interest.  A witness at a public meeting of the commission must disclose any financial conflict of interest.

 

Subd. 5.  Duties.  The commission shall develop recommendations on public policy and laws regarding surrogacy.  To develop the recommendations, the commission shall study surrogacy through public hearings, research, and deliberation.  Topics for study include, but are not limited to:

 

(1) potential health and psychological effects and benefits on women who serve as surrogates;

 

(2) potential health and psychological effects and benefits on children born of surrogates;

 

(3) business practices of the fertility industry, including attorneys, brokers, and clinics;

 

(4) considerations related to different forms of surrogacy;

 

(5) considerations related to the potential exploitation of women in surrogacy arrangements;


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(6) contract law implications when a surrogacy contract is breached;

 

(7) potential conflicts with statutes governing private adoption and termination of parental rights;

 

(8) potential for legal conflicts related to third-party reproduction, including conflicts between or amongst the surrogate mother, the intended parents, the child, insurance companies, and medical professionals;

 

(9) public policy determinations of other jurisdictions with regard to surrogacy; and

 

(10) information to be provided to a child born of a surrogate about the child's biological and gestational parents.

 

Subd. 6.  Reporting.  The commission must submit a report including its recommendations and may draft legislation to implement its recommendations to the chairs and ranking minority members of the legislative committees with primary jurisdiction over health and judiciary in the house and senate by December 15, 2015.  On topics where the commission fails to reach consensus, a majority and minority report shall be issued.

 

Subd. 7.  Staffing.  The Legislative Coordinating Commission shall provide staffing and administrative support to the commission.

 

Subd. 8.  Expiration.  The commission expires the day after submitting the report required under subdivision 6.

 

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

 

Sec. 116.  LIMIT ON INCREASE IN MANAGERIAL COMPENSATION.

 

During the biennium ending June 30, 2017, an employee covered by the managerial plan in Minnesota Statutes, section 43A.18, subdivision 3, may not be granted a percentage increase in annual salary that exceeds the percentage increase in the amount appropriated for that year for veterans health care.

 

Sec. 117.  LIMIT ON EXPENDITURES FOR ADVERTISING.

 

During the biennium ending June 30, 2017, an executive branch agency's spending on advertising and promotions in Minnesota may not exceed 90 percent of the amount the agency spent on advertising and promotions in Minnesota during the biennium ending June 30, 2015.  The commissioner of management and budget must ensure compliance with this limit, and may issue guidelines and policies to executive agencies.  The commissioner may forbid an agency from engaging in advertising as the commissioner determines is necessary to ensure compliance with this section.  This section does not apply to the Minnesota Lottery.

 

Sec. 118.  PARKING RAMP FINANCING.

 

The debt service on the design and construction costs allocated to the parking garage located on the block bounded by Sherburne Avenue on the north, Park Street on the west, University Avenue on the south, and North Capitol Boulevard on the east must be paid for exclusively by fees charged to persons parking in that parking garage.  No fees may be charged to members of the public parking in spaces designated for persons with a disability parking certificate.


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Sec. 119.  METROPOLITAN COUNCIL APPOINTMENTS; IMMEDIATE TRANSITION TO STAGGERED TERMS.

 

For members serving on the Metropolitan Council on the effective date of this section, other than the chair, members representing even-numbered districts shall serve terms ending the first Monday in January 2019, and members representing odd-numbered districts shall serve terms ending the first Monday in January 2017.  Thereafter the term of each member is four years, with terms ending the first Monday in January.

 

EFFECTIVE DATE; APPLICATION.  This section is effective the day following final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.

 

Sec. 120.  REPORT ON AGENCY CHIEF INFORMATION OFFICERS.

 

The chief information officer of MN.IT must report to the legislature by January 15, 2016, on reduction in the number of chief information officers (CIOs) in state agencies.  The report must include the number of CIOs on July 1, 2015, the number on January 15, 2016, and plans to reduce that number.

 

Sec. 121.  TRANSITION.

 

(a) Members of an ethnic council specified in new Minnesota Statutes, section 15.0145, on July 1, 2015, continue to serve on the council until the end of their current term.  However, if a member of a council has served eight years or more on the council at any time before December 31, 2015, the term of that member expires December 31, 2015.  If a council has more members on July 1, 2015, than is provided for by Minnesota Statutes, section 15.0145, positions on the council shall not be filled until the expiration of a term results in fewer members on the council than provided for in Minnesota Statutes, section 15.0145.  Membership qualifications newly specified in Minnesota Statutes, section 15.0145, must be complied with as soon as possible when terms of current members expire.

 

(b) The Legislative Coordinating Commission must appoint an executive director for each council no later than November 15, 2015.  An incumbent executive director of a council may apply to be appointed by the Legislative Coordinating Commission but, if not selected, the employment of the incumbent ends when the Legislative Coordinating Commission appoints a new executive director, or on another date determined by the Legislative Coordinating Commission.  Other council staff are transferred to employment with the reformulated councils specified in Minnesota Statutes, section 15.0145.

 

Sec. 122.  REVISOR'S INSTRUCTION.

 

(a) The revisor of statutes shall renumber the subdivisions in Minnesota Statutes, section 240.01, to put the definitions contained in that section in alphabetical order.

 

(b) The revisor of statutes shall correct any cross-references in Minnesota Statutes and Minnesota Rules as a result of the renumbering in paragraph (a).

 

(c) In the next and subsequent edition of Minnesota Statutes, the Revisor of Statutes shall substitute a reference to section 6.481 for each reference to section 6.48.


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Sec. 123.  REVISOR INSTRUCTION.

 

(a) In the next and subsequent editions of Minnesota Statutes, the revisor of statutes shall substitute the names of councils as follows in each place where the names occur:

 

(1) Minnesota African Heritage Council, in place of Council on Black Minnesotans; and

 

(2) Minnesota Council on Latino Affairs, in place of Council on Affairs of Chicano/Latino People.

 

(b) The revisor of statutes shall change cross-references to sections 3.9223, 3.9225, and 3.9226, with Minnesota Statutes, section 15.0145, and make changes necessary to correct punctuation, grammar, or sentence structure.

 

Sec. 124.  REPEALER.

 

(a) Minnesota Statutes 2014, sections 10A.25, subdivisions 1, 2, 2a, 3, 3a, 5, and 10; 10A.255, subdivisions 1 and 3; 10A.27, subdivision 11; 10A.30; 10A.31, subdivisions 1, 3, 3a, 4, 5, 5a, 6, 6a, 7, 7a, 10, 10a, 10b, and 11; 10A.315; 10A.321; 10A.322, subdivisions 1 and 2; 10A.323; and 10A.324, subdivisions 1 and 3, and Minnesota Rules, parts 4503.1400, subparts 2, 3, 5, 6, 7, 8, and 9; and 4503.1450, are repealed.  This paragraph is effective July 1, 2015, and applies to elections held on or after that date.  Amounts designated under section 10A.31 on income tax and property tax refund returns filed after June 30, 2015, are not effective and remain in the general fund.

 

(b) Minnesota Statutes 2014, sections 3.886; 6.48; 349A.07, subdivision 6; and 375.23, are repealed.

 

(c) Minnesota Statutes 2014, section 240.01, subdivisions 12 and 23, are repealed.

 

(d) Minnesota Statutes 2014, sections 3.9223; 3.9225; and 3.9226, subdivisions 1, 2, 3, 4, 5, 6, and 7, are repealed."

 

Delete the title and insert:

 

"A bill for an act relating to the operation of state government; appropriating money for the legislature, governor's office, state auditor, attorney general, secretary of state, certain agencies, boards, councils, retirement funds, and military affairs and veterans affairs; creating an ethnic councils account; specifying how legislative and congressional districts must be drawn; evaluating economic development incentive programs; transferring responsibility fiscal notes, local impact notes, or revenue estimates to the legislative auditor; specifying county audits by the state auditor; modifying campaign finance provisions; defining substantial economic impact for rulemaking; changing rulemaking provisions; requiring the legislative auditor to conduct an impact analysis on certain rules; establishing three ethnic councils; requiring a tracking list of agency projects; allowing prepay for certain software and information technology hosting services; changing state budget requirements; providing free rehearsal and storage space for the state band; modifying notice provisions for state construction and remodeling plans; providing reimbursement for reasonable accommodations; modifying grant agreement provisions; making changes to provisions governing veteran-owned small businesses; changing provisions governing the Office of MN.IT Services; limiting the number of full-time equivalent executive branch agency employees; changing certain MNsure provisions; establishing the healthy eating, here at home program; establishing expedited and temporary licensing for former and current military members for certain occupations; adjusting certain barber board fees for members of the military; modifying provisions governing the National Guard; modifying the Veterans Preference Act; designating an Honor and Remember flag; changing provisions governing pari-mutuel horse racing; changing a fee provision for federal tax liens; changing a contracting provision for the Office of the Commissioner of Iron Range resources and rehabilitation; changing certain requirements for corporations; modifying provisions for accountants; changing a farm product lien; adding an exception to the rehabilitation of criminal offenders provisions; limiting railroad condemnation powers over certain properties; providing that school employees and


Journal of the House - 42nd Day - Monday, April 20, 2015 - Top of Page 2294

districts are subject to certain group health insurance requirements; changing provisions governing the Metropolitan Council; designating the salary for the chair of the Metropolitan Council; limiting the salary increase for agency heads; establishing the Legislative Surrogacy Commission; limiting compensation for employees in the managerial plan; limiting expenditures for advertising; specifying debt service on a certain parking ramp financing; specifying terms for members of the Metropolitan Council; requiring reports; amending Minnesota Statutes 2014, sections 3.971, by adding a subdivision; 3.979, subdivision 3; 3.98; 3.987, subdivision 1; 10A.01, subdivision 26; 10A.105, subdivision 1; 10A.15, subdivision 1; 10A.245, subdivision 2; 10A.257, subdivision 1; 10A.38; 14.02, by adding a subdivision; 14.05, subdivisions 1, 2; 14.116; 14.127; 14.131; 14.388, subdivision 2; 14.389, subdivision 2; 14.44; 14.45; 16A.065; 16A.103, by adding a subdivision; 16A.11, by adding subdivisions; 16B.24, by adding a subdivision; 16B.335, subdivision 1; 16B.371; 16B.97, subdivision 1, by adding a subdivision; 16C.03, subdivision 16; 16C.16, subdivision 6a; 16C.19; 16E.01; 16E.016; 16E.0465; 16E.14, subdivision 3; 16E.145; 16E.19, by adding a subdivision; 62V.03, subdivision 2; 148.57, by adding a subdivision; 148.624, subdivision 5; 148B.33, by adding a subdivision; 148B.53, by adding a subdivision; 148B.5301, by adding a subdivision; 148F.025, by adding a subdivision; 153.16, subdivisions 1, 4; 154.003; 154.11, subdivision 3; 190.19, subdivision 2a; 192.38, subdivision 1; 192.501, by adding a subdivision; 197.46; 211B.37; 240.01, subdivision 22, by adding subdivisions; 240.011; 240.03; 240.08, subdivisions 2, 4, 5; 240.10; 240.13, subdivisions 5, 6; 240.135; 240.15, subdivisions 1, 6; 240.16, subdivision 1; 240.22; 240.23; 272.484; 298.22, subdivision 1; 303.19; 304A.301, subdivisions 1, 5, 6, by adding a subdivision; 326A.01, subdivisions 2, 12, 13a, 15, 16; 326A.02, subdivisions 3, 5; 326A.05, subdivisions 1, 3; 326A.10; 336A.09, subdivision 1; 364.09; 471.6161, subdivision 8; 473.123, subdivisions 2a, 3, 4; 473J.07, subdivision 3; Laws 2013, chapter 142, article 1, section 10; Laws 2015, chapter 3, section 4; proposing coding for new law in Minnesota Statutes, chapters 2; 3; 6; 15; 16A; 16B; 16E; 43A; 138; 197; 383B; repealing Minnesota Statutes 2014, sections 3.886; 3.9223; 3.9225; 3.9226, subdivisions 1, 2, 3, 4, 5, 6, 7; 6.48; 10A.25, subdivisions 1, 2, 2a, 3, 3a, 5, 10; 10A.255, subdivisions 1, 3; 10A.27, subdivision 11; 10A.30; 10A.31, subdivisions 1, 3, 3a, 4, 5, 5a, 6, 6a, 7, 7a, 10, 10a, 10b, 11; 10A.315; 10A.321; 10A.322, subdivisions 1, 2; 10A.323; 10A.324, subdivisions 1, 3; 240.01, subdivisions 12, 23; 349A.07, subdivision 6; 375.23; Minnesota Rules, parts 4503.1400, subparts 2, 3, 5, 6, 7, 8, 9; 4503.1450."

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.

 

      The report was adopted.

 

 

Knoblach from the Committee on Ways and Means to which was referred:

 

H. F. No. 606, A bill for an act relating to health; requiring licensure of certain facilities that perform abortions; requiring a licensing fee; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 145.

 

Reported the same back with the following amendments:

 

Page 1, line 17, delete everything after "(b)"

 

Page 1, line 18, delete everything before "The"

 

Page 3, delete section 2 and insert:

 

"Sec. 2.  APPROPRIATION.

 

$32,000 is appropriated in fiscal year 2016 and $32,000 is appropriated in fiscal year 2017 from the state government special revenue fund to the commissioner of health for licensing activities under Minnesota Statutes, section 145.417."

 

 

With the recommendation that when so amended the bill be placed on the General Register.

 

      The report was adopted.


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Knoblach from the Committee on Ways and Means to which was referred:

 

H. F. No. 843, A bill for an act relating to economic development; appropriating money for the Departments of Employment and Economic Development, Labor and Industry, and Commerce; the Bureau of Mediation Services; Housing Finance Agency; Explore Minnesota Tourism; Workers' Compensation Court of Appeals; Public Utilities Commission; Pollution Control Agency; and Department of Administration; making policy changes to jobs and economic development, housing, labor and industry, and commerce; establishing a tiered minimum wage; modifying unemployment insurance employer taxes; regulating delivered fuels; modifying energy conservation provisions; regulating renewable fuels; regulating greenhouse gas emissions; making miscellaneous energy policy changes and conforming changes; modifying fees; providing penalties; requiring reports; amending Minnesota Statutes 2014, sections 3.8851, subdivisions 3, 7; 12A.15, subdivision 1; 16B.323; 45.0135, subdivision 6, by adding a subdivision; 65B.44, by adding a subdivision; 65B.84, subdivision 1; 79.251, subdivision 1; 116C.779, subdivision 1; 116C.7791, subdivision 5; 116C.7792; 116J.431, subdivisions 1, 6; 116J.437, subdivision 1; 116J.8738, subdivision 3, by adding a subdivision; 116J.8747, subdivisions 1, 2; 116L.17, subdivision 4; 116L.20, subdivision 1; 116L.98, subdivisions 1, 3, 5, 7; 116M.18, subdivisions 4, 8; 177.24, subdivision 1, by adding subdivisions; 216B.02, by adding subdivisions; 216B.16, subdivisions 6, 6b, 6c, 7b, 8, 12, 19; 216B.164, subdivisions 3, 3a; 216B.1641; 216B.1645, subdivision 1; 216B.1691; 216B.2401; 216B.241, subdivisions 5c, 9, by adding a subdivision; 216B.2411, subdivision 3; 216B.2421, subdivision 2; 216B.2422, subdivisions 2c, 4; 216B.2425; 216B.243, subdivisions 3b, 8, 9; 216C.41, subdivisions 2, 5a; 216C.435, subdivision 5; 216E.03, subdivisions 5, 7; 216E.04, subdivision 5; 216H.01, by adding a subdivision; 216H.02, subdivision 1; 216H.021, subdivision 1; 216H.03, subdivisions 1, 3, 4, 7; 216H.07; 237.01, by adding subdivisions; 268.035, subdivisions 6, 21b, 26, 30; 268.051, subdivision 7, by adding a subdivision; 268.07, subdivisions 2, 3b; 268.085, subdivisions 1, 2; 268.095, subdivisions 1, 10; 268.105, subdivisions 3, 7; 268.136, subdivision 1; 268.194, subdivision 1; 268A.085; 297I.11, subdivision 2; 326B.092, subdivision 7; 326B.096; 326B.106, subdivision 1; 326B.118; 326B.13, subdivision 8; 326B.986, subdivisions 5, 8; 327.20, subdivision 1; 341.321; 345.42, subdivision 1, by adding a subdivision; 373.48, subdivision 3; 453A.02, subdivision 5; 462A.33, subdivision 1; 469.049; 469.050, subdivision 4; 469.084, subdivisions 3, 4, 8, 9, 10, 14; 473.145; 473.254, subdivisions 2, 3a; Laws 2008, chapter 296, article 1, section 25, as amended; Laws 2014, chapter 312, article 2, section 14; proposing coding for new law in Minnesota Statutes, chapters 80A; 116J; 116L; 175; 181; 216B; 216C; 216E; 216H; 237; 609; proposing coding for new law as Minnesota Statutes, chapter 59D; repealing Minnesota Statutes 2014, sections 3.8852; 80G.01; 80G.02; 80G.03; 80G.04; 80G.05; 80G.06; 80G.07; 80G.08; 80G.09; 80G.10; 116C.779, subdivision 3; 116U.26; 174.187; 177.24, subdivision 2; 216B.1612; 216B.164, subdivision 10; 216B.8109; 216B.811; 216B.812; 216B.813; 216B.815; 216C.39; 216C.411; 216C.412; 216C.413; 216C.414; 216C.415; 216C.416; 216H.02, subdivisions 2, 3, 4, 5, 6; 469.084, subdivisions 11, 12; Laws 2013, chapter 85, article 6, section 11; Laws 2014, chapter 312, article 2, section 15; Minnesota Rules, part 5205.0580, subpart 21.

 

Reported the same back with the following amendments:

 

Page 3, line 24, delete "expended" and insert "June 30, 2019"

 

Page 4, line 5, delete "expended" and insert "June 30, 2019"

 

Page 5, lines 5, 10, 16, and 31, delete "expended" and insert "June 30, 2019"

 

Page 10, line 25, delete "$500,000" and insert "$250,000"

 

Page 10, line 28, delete ", and" and insert a period


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Page 10, delete lines 29 to 31 and insert:

 

"(j) $250,000 each year is from the general fund for programs in the workforce service areas to combine career and higher education advising."

 

Page 14, line 24, delete "expended" and insert "June 30, 2019"

 

Page 16, line 26, delete the third period

 

Page 16, after line 31, insert:

 

"Subd. 9.  Broadband development

8,250,000

 

250,000

 

(a) $250,000 each year is for the Broadband Development Office.

 

(b) $8,000,000 the first year is from the general fund for deposit in the border-to-border broadband fund account created under Minnesota Statutes, section 116J.396, for the purposes provided in Minnesota Statutes, section 116J.395.  This is a onetime appropriation and is available until June 30, 2019."

 

Page 25, line 19, delete everything after the period

 

Page 25, delete lines 20 to 21

 

Page 28, delete lines 4 to 7

 

Page 29, line 9, delete "5,940,000" and insert "6,040,000" and delete "5,440,000" and insert "5,540,000"

 

Page 29, line 10, before "$500,000" insert "(a)"

 

Page 29, after line 18, insert:

 

"(b) $100,000 each year is for support of broadband development."

 

Page 30, line 33, delete "216C.417,"

 

Page 31, line 18, delete "(a)" and insert "(b)"

 

Page 32, after line 27, insert:

 

"(g) $61,000 in fiscal year 2016 is from the general fund for deposit in the energy fund account under Minnesota Statutes, section 116C.779."

 

Page 32, delete lines 34 to 35

 

Page 33, delete lines 1 to 2

 

Page 33, line 8, delete "by" and insert "on"


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Page 33, line 9, delete "commissioner of commerce" and insert "energy fund account established under Minnesota Statutes, section 116C.779,"

 

Page 33, line 10, after "appropriated" insert "to the commissioner of commerce"

 

Page 33, line 28, delete "cancels" and insert "is canceled" and after the period, insert "This paragraph is effective the day following final enactment."

 

Page 33, delete lines 29 to 32

 

Page 35, after line 2, insert:

 

"Section 1.  Minnesota Statutes 2014, section 116J.394, is amended to read:

 

116J.394 DEFINITIONS.

 

(a) For the purposes of sections 116J.394 to 116J.396, the following terms have the meanings given them.

 

(b) "Broadband" or "broadband service" has the meaning given in section 116J.39, subdivision 1, paragraph (b).

 

(c) "Broadband infrastructure" means networks of deployed telecommunications equipment and technologies necessary to provide high-speed Internet access and other advanced telecommunications services for end users.

 

(d) "Commissioner" means the commissioner of employment and economic development.

 

(e) "Last-mile infrastructure" means broadband infrastructure that serves as the final leg connecting the broadband service provider's network to the end-use customer's on-premises telecommunications equipment.

 

(f) "Middle-mile infrastructure" means broadband infrastructure that links a broadband service provider's core network infrastructure to last-mile infrastructure.

 

(g) "Political subdivision" means any county, city, town, school district, special district or other political subdivision, or public corporation.

 

(h) "Underserved areas" means areas of Minnesota in which households or businesses lack access to wire-line broadband service at speeds that meet the state broadband goals of ten to 20 megabits per second download and five to ten megabits per second upload.

 

(i) "Unserved areas" means areas of Minnesota in which households or businesses lack access to wire-line broadband service at speeds that meet a Federal Communications Commission threshold of four megabits per second download and one megabit per second upload, as defined in section 116J.39.

 

Sec. 2.  Minnesota Statutes 2014, section 116J.395, subdivision 6, is amended to read:

 

Subd. 6.  Awarding grants.  (a) In evaluating applications and awarding grants, the commissioner shall give priority to applications that are constructed in areas identified by the director of the Office of Broadband Development as unserved in need of broadband service to retain or create jobs, or to promote significant economic growth.

 

(b) In evaluating applications and awarding grants, the commissioner may give priority to applications that:

 

(1) are constructed in areas identified by the director of the Office of Broadband Development as underserved;


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(2) offer new or substantially upgraded broadband service to important community institutions including, but not limited to, libraries, educational institutions, public safety facilities, and healthcare facilities;

 

(3) facilitate the use of telemedicine and electronic health records;

 

(4) serve economically distressed areas of the state, as measured by indices of unemployment, poverty, or population loss that are significantly greater than the statewide average;

 

(5) provide technical support and train residents, businesses, and institutions in the community served by the project to utilize broadband service;

 

(6) include a component to actively promote the adoption of the newly available broadband services in the community;

 

(7) provide evidence of strong support for the project from citizens, government, businesses, and institutions in the community;

 

(8) provide access to broadband service to a greater number of unserved or underserved households and businesses; or

 

(9) leverage greater amounts of funding for the project from other private and public sources.

 

(c) The commissioner shall endeavor to award grants under this section to qualified applicants in all regions of the state."

 

Page 51, delete section 19

 

Page 52, delete section 20 and insert:

 

"Sec. 19.  Minnesota Statutes 2014, section 116M.14, is amended by adding a subdivision to read:

 

Subd. 6.  Low-income person.  "Low-income person" means a person who has an annual income, adjusted for family size, of not more than 80 percent of the area median family income for the seven-county metropolitan area.

 

Sec. 20.  Minnesota Statutes 2014, section 116M.18, subdivision 1, is amended to read:

 

Subdivision 1.  Eligibility rules.  The board shall make urban challenge grants for use in low-income areas for use in the seven-county metropolitan area to nonprofit corporations to encourage private investment, to provide jobs for minority persons and others in low-income areas, to create and strengthen minority and low-income persons' business enterprises, and to promote economic development in a low-income area.  The board shall adopt rules to establish criteria for determining loan eligibility.

 

Sec. 21.  Minnesota Statutes 2014, section 116M.18, subdivision 2, is amended to read:

 

Subd. 2.  Challenge grant eligibility; nonprofit corporation.  The board may enter into agreements with nonprofit corporations to fund and guarantee loans the nonprofit corporation makes in low-income areas under subdivision 4 and to low-income persons.  A corporation must demonstrate that:

 

(1) its board of directors includes citizens experienced in development, minority business enterprises, and creating jobs in low-income areas;


Journal of the House - 42nd Day - Monday, April 20, 2015 - Top of Page 2299

(2) it has the technical skills to analyze projects;

 

(3) it is familiar with other available public and private funding sources and economic development programs;

 

(4) it can initiate and implement economic development projects;

 

(5) it can establish and administer a revolving loan account; and

 

(6) it can work with job referral networks which assist minority and other persons in low-income areas.

 

Sec. 22.  Minnesota Statutes 2014, section 116M.18, subdivision 3, is amended to read:

 

Subd. 3.  Revolving loan fund.  (a) The board shall establish a revolving loan fund to make grants to nonprofit corporations for the purpose of making loans and loan guarantees to new and expanding businesses in a low-income area, and to low-income persons to promote minority business enterprises and job creation for minority and other persons in low-income areas low-income persons throughout the seven-county metropolitan area.

 

(b) Eligible business enterprises include, but are not limited to, technologically innovative industries, value‑added manufacturing, and information industries.  Loan applications given preliminary approval by the nonprofit corporation must be forwarded to the board for approval.  The commissioner must give final approval for each loan or loan guarantee made by the nonprofit corporation.  The amount of the state funds contributed to any loan or loan guarantee may not exceed 50 percent of each loan.

 

Sec. 23.  Minnesota Statutes 2014, section 116M.18, subdivision 4, is amended to read:

 

Subd. 4.  Business loan criteria.  (a) The criteria in this subdivision apply to loans made or guaranteed by nonprofit corporations under the urban challenge grant program.

 

(b) Loans or guarantees must be made to businesses that are not likely to undertake a project for which loans are sought without assistance from the urban challenge grant program.

 

(c) A loan or guarantee must be used for a project designed to benefit persons in low-income areas through the creation of job or business opportunities for them.  Priority must be given for loans to the lowest income areas.

 

(d) (c) The minimum state contribution to a loan or guarantee is $5,000 and the maximum is $150,000.

 

(e) (d) The state contribution must be matched by at least an equal amount of new private investment.

 

(f) (e) A loan may not be used for a retail development project.

 

(g) (f) The business must agree to work with job referral networks that focus on minority applicants from low‑income areas.

 

Sec. 24.  Minnesota Statutes 2014, section 116M.18, subdivision 8, is amended to read:

 

Subd. 8.  Reporting requirements.  A nonprofit corporation that receives a challenge grant shall:

 

(1) submit an annual report to the board by September 30 of each year that includes a description of projects supported by the urban challenge grant program, an account of loans made during the calendar year, the program's impact on minority business enterprises and job creation for minority persons and low-income persons in low‑income areas, the source and amount of money collected and distributed by the urban challenge grant program, the program's assets and liabilities, and an explanation of administrative expenses; and


Journal of the House - 42nd Day - Monday, April 20, 2015 - Top of Page 2300

(2) provide for an independent annual audit to be performed in accordance with generally accepted accounting practices and auditing standards and submit a copy of each annual audit report to the board.

 

Sec. 25.  Minnesota Statutes 2014, section 268A.01, subdivision 6, is amended to read:

 

Subd. 6.  Community rehabilitation facility provider.  "Community rehabilitation facility provider" means an entity which meets the definition of community rehabilitation program in the federal Rehabilitation Act of 1973, as amended.  However, for the purposes of sections 268A.03, clause (1), 268A.06, 268A.085, and 268A.15, community rehabilitation facility provider means an a nonprofit or public entity which is operated for the primary purpose of providing or facilitating employment for persons with a severe disability that provides at least one extended employment subprogram for persons with the most significant disabilities.

 

EFFECTIVE DATE.  This section is effective July 1, 2015.

 

Sec. 26.  Minnesota Statutes 2014, section 268A.01, subdivision 10, is amended to read:

 

Subd. 10.  Extended employment program.  "Extended employment program" means the center-based noncompetitive employment and supported employment subprograms.

 

Sec. 27.  Minnesota Statutes 2014, section 268A.01, is amended by adding a subdivision to read:

 

Subd. 15.  Noncompetitive employment.  "Noncompetitive employment" means paid work: 

 

(1) that is performed on a full-time or part-time basis, including self-employment, for which the person is compensated at a rate that is less than the higher rate specified in the Fair Labor Standards Act of 1938, United States Code, title 29, section 206, subsection (a)(1), or the rate specified in the applicable state or local minimum wage law; and

 

(2)(i) for which the person is paid less than the customary rate paid by the employer for the same or similar work performed by other nondisabled employees who are similarly situated in similar occupations by the same employer and who have similar training, experience, and skills; or

 

(ii) which is performed at a location where the employee does not interact with nondisabled persons, not including supervisory personnel or persons who are providing services to the employee, to the same extent that nondisabled persons who are in comparable positions interact with other persons.

 

Sec. 28.  Minnesota Statutes 2014, section 268A.03, is amended to read:

 

268A.03 POWERS AND DUTIES.

 

The commissioner shall:

 

(1) certify the community rehabilitation facilities providers to offer extended employment programs, grant funds to the extended employment programs, and perform the duties as specified in section 268A.15;

 

(2) provide vocational rehabilitation services to persons with disabilities in accordance with the federal Rehabilitation Act of 1973, Public Law 93-112, as amended.  Persons with a disability are entitled to free choice of vendor for any medical, dental, prosthetic, or orthotic services provided under this paragraph;

 

(3) expend funds and provide technical assistance for the establishment, improvement, maintenance, or extension of public and other nonprofit rehabilitation facilities or centers;


Journal of the House - 42nd Day - Monday, April 20, 2015 - Top of Page 2301

(4) maintain a contractual or regulatory relationship with the United States as authorized by the Social Security Act, as amended.  Under this relationship, the state will undertake to make determinations referred to in those public laws with respect to all individuals in Minnesota, or with respect to a class or classes of individuals in this state that is designated in the agreement at the state's request.  It is the purpose of this relationship to permit the citizens of this state to obtain all benefits available under federal law;

 

(5) provide an in-service training program for rehabilitation services employees by paying for its direct costs with state and federal funds;

 

(6) conduct research and demonstration projects; provide training and instruction, including establishment and maintenance of research fellowships and traineeships, along with all necessary stipends and allowances; disseminate information to persons with a disability and the general public; and provide technical assistance relating to vocational rehabilitation and independent living;

 

(7) receive and disburse pursuant to law money and gifts available from governmental and private sources including, but not limited to, the federal Department of Education and the Social Security Administration, for the purpose of vocational rehabilitation or independent living;

 

(8) design all state plans for vocational rehabilitation or independent living services required as a condition to the receipt and disbursement of any money available from the federal government;

 

(9) cooperate with other public or private agencies or organizations for the purpose of vocational rehabilitation or independent living.  Money received from school districts, governmental subdivisions, mental health centers or boards, and private nonprofit organizations is appropriated to the commissioner for conducting joint or cooperative vocational rehabilitation or independent living programs;

 

(10) enter into contractual arrangements with instrumentalities of federal, state, or local government and with private individuals, organizations, agencies, or facilities with respect to providing vocational rehabilitation or independent living services;

 

(11) take other actions required by state and federal legislation relating to vocational rehabilitation, independent living, and disability determination programs;

 

(12) hire staff and arrange services and facilities necessary to perform the duties and powers specified in this section; and

 

(13) adopt, amend, suspend, or repeal rules necessary to implement or make specific programs that the commissioner by sections 268A.01 to 268A.15 is empowered to administer.

 

Sec. 29.  Minnesota Statutes 2014, section 268A.06, is amended to read:

 

268A.06 COMMUNITY REHABILITATION FACILITIES PROVIDERS.

 

Subdivision 1.  Application.  Any city, town, county, nonprofit corporation, regional treatment center, or any combination thereof, may apply to the commissioner for assistance in establishing or operating a community rehabilitation facility an extended employment program.  Application for assistance must be on forms prescribed by the commissioner.  An applicant is not eligible for a grant under this section unless its audited financial statements of the prior fiscal year have been approved by the commissioner.

 

Subd. 2.  Funding.  In order to provide the necessary funds for extended employment programs offered by a community rehabilitation facility provider, the governing body of any city, town, or county may expend money which may be available for such purposes in the general fund, and may levy a tax on the taxable property in the city,


Journal of the House - 42nd Day - Monday, April 20, 2015 - Top of Page 2302

town, or county.  Any city, town, county, or nonprofit corporation may accept gifts or grants from any source for the rehabilitation facility extended employment program.  Any money appropriated, taxed, or received as a gift or grant may be used to match funds available on a matching basis.

 

Sec. 30.  Minnesota Statutes 2014, section 268A.07, is amended to read:

 

268A.07 REQUIREMENTS FOR CERTIFICATION.

 

Subdivision 1.  Benefits.  A community rehabilitation facility provider must, as a condition for receiving program certification, provide employees in center-based noncompetitive employment with personnel benefits prescribed in rules adopted by the commissioner of the Department of employment and economic development.

 

Subd. 2.  Grievance procedure.  A community rehabilitation facility provider must, as a condition for receiving program certification, provide to employees in center-based noncompetitive employment subprograms, a grievance procedure which has as its final step provisions for final and binding arbitration.

 

Sec. 31.  Minnesota Statutes 2014, section 268A.15, subdivision 3, is amended to read:

 

Subd. 3.  Rule authority.  The commissioner shall adopt rules on an individual's eligibility for the extended employment program, the certification of community rehabilitation facilities providers, and the methods, criteria, and units of distribution for the allocation of state grant funds to certified rehabilitation facilities extended employment program providers.  In determining the allocation, the commissioner must consider the economic conditions of the community and the performance of community rehabilitation facilities providers relative to their impact on the economic status of workers in the extended employment program."

 

Page 72, delete section 10

 

Page 81, line 33, delete "CAR" and insert "MOTOR VEHICLE"

 

Page 115, delete subdivision 5

 

Page 115, line 21, delete everything after "of"

 

Page 115, line 22, delete everything before "50"

 

Page 121, line 14, before "Up" insert "The utility shall allocate" and strike "shall be allocated"

 

Page 121, line 15, strike "from the"

 

Page 121, line 16, delete "energy fund" and strike "account established in section 116C.779"

 

Page 121, line 22, delete everything after "(b)" and insert "The utility shall not make incentive payments under this section"

 

Page 121, delete lines 23 to 25

 

Page 122, line 2, strike "or" and insert a comma and reinstate the stricken "(d)" and before "(f)" insert ", or"

 

Page 122, lines 6 to 10, reinstate the stricken language

 

Page 122, line 9, after "under" insert "paragraph (c) or"


Journal of the House - 42nd Day - Monday, April 20, 2015 - Top of Page 2303

Page 123, delete lines 5 and 6 and insert:

 

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

 

Page 133, line 10, after the period, insert "No incentive payments may be made under this section to an owner whose application was approved by the commissioner after the effective date of this act."

 

Page 133, line 11, after "Unspent" insert "and unobligated"

 

Page 133, line 12, delete "June 30" and insert "July 1" and delete "returned" and insert "transferred"

 

Page 133, line 13, before "account" insert "energy fund"

 

Page 133, line 19, after "that" insert "meet the requirements of subdivision 1 and that"

 

Page 133, line 20, delete everything after "and" and insert "December 31, 2015."

 

Page 133, delete lines 28 to 30

 

Page 134, delete subdivision 4

 

Page 139, line 2, delete "June 30" and insert "July 2" and delete "returned" and insert "transferred"

 

Page 139, line 18, before "has" insert "means a facility that:  (1)"

 

Page 139, line 19, delete "796(18)(B)" and insert "796, clause (18), paragraph (A); and (2) meets the applicable operating and efficiency standards contained in Code of Federal Regulations, title 18, part 292.205"

 

Page 144, lines 7 to 10, delete the new language and insert "Upon petition by a public utility, if the commission determines that an order it issued has the effect of terminating the operation of a generating facility before the end of the facility's book life in order to comply with a specific state or federal energy or environmental statute or policy, the commission may allow the public utility to recover any positive net book value of the facility as determined by the commission."

 

Page 145, lines 7 to 8, delete the new language

 

Page 145, line 9, delete "(5)"

 

Page 148, delete lines 18 to 21 and insert:

 

"(4) procedures under which a utility may request that the commission make adjustments to the rates approved under the multiyear plan, including, but not limited to, changes in the cost of operating its nuclear facilities or other significant investments not addressed in the plan."

 

Page 149, delete lines 11 to 12 and insert:

 

"(j) The commission may initiate a proceeding to determine a set of performance measures and incentives that may be incorporated by a utility in a multiyear rate plan."

 

Page 152, line 9, delete "with the commission for" and insert "for commission"


Journal of the House - 42nd Day - Monday, April 20, 2015 - Top of Page 2304

Page 158, after line 6, insert:

 

"Sec. 15.  Minnesota Statutes 2014, section 256E.31, subdivision 3, is amended to read:

 

Subd. 3.  Administering board.  Each community action agency shall administer its community action programs through a community action board consisting of 15 to 51 members.

 

(a) One-third of the members of the board shall be elected public officials, currently holding office, or their representatives.

 

(b) At least one-third of the members shall be persons chosen in accordance with democratic selection procedures adequate to assure that they are representative of the poor in the area served.

 

(c) The other members shall be officials or members of business, industry, labor, religious, welfare, education, or other major groups and interests in the community.  Each member of the board selected to represent a specific geographic area within a community must reside in the area represented.

 

(d) The public community action agency shall have an administering board which meets the requirements of this subdivision.

 

(e) The statewide migrant seasonal farmworker organization known as the Minnesota Migrant Council and Indian reservations carrying out community action programs are exempt from the board composition requirements of this subdivision."

 

Page 168, line 8, delete "Energy fund" and strike "account" and insert "Payment authorization"

 

Page 168, line 12, strike everything after "made" and delete "fund"

 

Page 168, line 13, delete the new language and strike "under section 116C.779, subdivision" and before the period, insert "by the utility subject to section 116C.779"

 

Reletter the paragraphs in sequence and correct the internal references

 

Renumber the clauses in sequence

 

Renumber the sections in sequence and correct the internal references

 

Correct the subdivision and section totals and the appropriations by fund

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill be placed on the General Register.

 

      The report was adopted.

 

 

SECOND READING OF HOUSE BILLS

 

 

      H. F. Nos. 606 and 843 were read for the second time.


Journal of the House - 42nd Day - Monday, April 20, 2015 - Top of Page 2305

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

      The following House Files were introduced:

 

 

Heintzeman and Lueck introduced:

 

H. F. No. 2243, A bill for an act relating to education finance; increasing local optional levy equalization for certain districts with seasonal recreational property; amending Minnesota Statutes 2014, section 126C.10, subdivision 2e.

 

The bill was read for the first time and referred to the Committee on Education Finance.

 

 

Bly and Rosenthal introduced:

 

H. F. No. 2244, A bill for an act relating to higher education; establishing a summer seminar and practicum program; exempting program participants from certain labor laws; appropriating money; amending Minnesota Statutes 2014, section 177.23, subdivision 7; proposing coding for new law in Minnesota Statutes, chapter 136A.

 

The bill was read for the first time and referred to the Committee on Higher Education Policy and Finance.

 

 

Melin introduced:

 

H. F. No. 2245, A bill for an act relating to capital investment; appropriating money to renovate historic Hibbing High School auditorium; authorizing the issuance of state bonds.

 

The bill was read for the first time and referred to the Committee on Job Growth and Energy Affordability Policy and Finance.

 

 

Melin introduced:

 

H. F. No. 2246, A bill for an act relating to capital investment; appropriating money to renovate historic Hibbing High School auditorium.

 

The bill was read for the first time and referred to the Committee on Job Growth and Energy Affordability Policy and Finance.

 

 

Hortman, Backer, Allen, Loonan, Kelly, Schultz, Liebling and Fischer introduced:

 

H. F. No. 2247, A bill for an act relating to adoption; modifying provisions governing access to original birth records and other adoption-related information; modifying provisions related to affidavits of disclosure and nondisclosure; providing for a contact preference form; appropriating money; amending Minnesota Statutes 2014, sections 13.10, subdivision 5; 13.465, subdivision 8; 144.218, subdivision 1; 144.225, subdivision 2; 144.2252; 144.226, subdivision 1; 259.83, subdivisions 1, 1a, 1b, 3, 4, by adding a subdivision; 259.89; 260C.637; proposing coding for new law in Minnesota Statutes, chapters 144; 259; repealing Minnesota Statutes 2014, sections 144.212, subdivision 11; 259.89, subdivisions 5, 6.

 

The bill was read for the first time and referred to the Committee on Civil Law and Data Practices.


Journal of the House - 42nd Day - Monday, April 20, 2015 - Top of Page 2306

Kelly introduced:

 

H. F. No. 2248, A bill for an act relating to transportation; capital investment; appropriating money for a portion of costs to reconstruct a segment of marked U.S. Highway 61 in Red Wing; authorizing the sale and issuance of state bonds.

 

The bill was read for the first time and referred to the Committee on Transportation Policy and Finance.

 

 

MOTION TO FIX TIME TO CONVENE

 

      Peppin moved that when the House adjourns today it adjourn until 9:00 a.m., Tuesday, April 21, 2015.  The motion prevailed.

 

      Peppin moved that the House recess subject to the call of the Chair.  The motion prevailed.

 

 

RECESS

 

 

RECONVENED

 

      The House reconvened and was called to order by the Speaker.

 

 

CALENDAR FOR THE DAY

 

 

      S. F. No. 1563, A bill for an act relating to public safety; requiring the Bureau of Criminal Apprehension to do background checks at the request of Indian tribes; proposing coding for new law in Minnesota Statutes, chapter 299C.

 

 

      The bill was read for the third time and placed upon its final passage.

 

      The question was taken on the passage of the bill and the roll was called.  There were 129 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Allen

Anderson, M.

Anderson, S.

Anzelc

Applebaum

Atkins

Backer

Baker

Barrett

Bennett

Bernardy

Bly

Carlson

Christensen

Clark

Cornish

Daniels

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Dill

Drazkowski

Erhardt

Erickson

Fabian

Fenton

Fischer

Freiberg

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Halverson

Hamilton

Hancock

Hansen

Hausman

Heintzeman

Hertaus

Hilstrom

Hoppe

Hornstein

Hortman

Howe

Isaacson

Johnson, B.

Johnson, C.

Johnson, S.

Kahn

Kelly

Kiel

Knoblach

Koznick

Kresha

Laine

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Loonan

Lucero

Lueck

Mack

Mahoney

Marquart

Masin

McDonald

McNamara

Melin

Metsa

Miller

Moran

Mullery

Murphy, E.

Murphy, M.

Nash

Nelson

Newberger

Newton

Nornes

Norton

O'Driscoll


Journal of the House - 42nd Day - Monday, April 20, 2015 - Top of Page 2307

O'Neill

Pelowski

Peppin

Persell

Petersburg

Peterson

Pierson

Pinto

Poppe

Pugh

Quam

Rarick

Rosenthal

Runbeck

Sanders

Schoen

Schomacker

Schultz

Scott

Selcer

Simonson

Smith

Sundin

Swedzinski

Theis

Thissen

Torkelson

Uglem

Urdahl

Vogel

Wagenius

Ward

Whelan

Wills

Winkler

Yarusso

Youakim

Zerwas

Spk. Daudt


 

 

      The bill was passed and its title agreed to.

 

 

      H. F. No. 1725, A bill for an act relating to state government; permitting electronic filing for hearings in contested cases at the Office of Administrative Hearings; amending Minnesota Statutes 2014, section 14.58.

 

 

      The bill was read for the third time and placed upon its final passage.

 

      The question was taken on the passage of the bill and the roll was called.  There were 130 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Allen

Anderson, M.

Anderson, S.

Anzelc

Applebaum

Atkins

Backer

Baker

Barrett

Bennett

Bernardy

Bly

Carlson

Christensen

Clark

Cornish

Daniels

Davids

Davnie

Dean, M.

Dehn, R.

Dettmer

Dill

Drazkowski

Erhardt

Erickson

Fabian

Fenton

Fischer

Franson

Freiberg

Garofalo

Green

Gruenhagen

Gunther

Hackbarth

Halverson

Hamilton

Hancock

Hansen

Hausman

Heintzeman

Hertaus

Hilstrom

Hoppe

Hornstein

Hortman

Howe

Isaacson

Johnson, B.

Johnson, C.

Johnson, S.

Kahn

Kelly

Kiel

Knoblach

Koznick

Kresha

Laine

Lenczewski

Lesch

Liebling

Lien

Lillie

Loeffler

Lohmer

Loon

Loonan

Lucero

Lueck

Mack

Mahoney

Marquart

Masin

McDonald

McNamara

Melin

Metsa

Miller

Moran

Mullery

Murphy, E.

Murphy, M.

Nash

Nelson

Newberger

Newton

Nornes

Norton

O'Driscoll

O'Neill

Pelowski

Peppin

Persell

Petersburg

Peterson

Pierson

Pinto

Poppe

Pugh

Quam

Rarick

Rosenthal

Runbeck

Sanders

Schoen

Schomacker

Schultz

Scott

Selcer

Simonson

Smith

Sundin

Swedzinski

Theis

Thissen

Torkelson

Uglem

Urdahl

Vogel

Wagenius

Ward

Whelan

Wills

Winkler

Yarusso

Youakim

Zerwas

Spk. Daudt


 

 

      The bill was passed and its title agreed to.

 

 

REPORTS FROM THE COMMITTEE ON RULES

AND LEGISLATIVE ADMINISTRATION

 

      Peppin from the Committee on Rules and Legislative Administration, pursuant to rules 1.21 and 3.33, designated the following bill to be placed on the Calendar for the Day for Tuesday, April 21, 2015 and established a prefiling requirement for amendments offered to the following bill:

 

      H. F. No. 4.


Journal of the House - 42nd Day - Monday, April 20, 2015 - Top of Page 2308

           Peppin from the Committee on Rules and Legislative Administration, pursuant to rules 1.21 and 3.33, designated the following bill to be placed on the Calendar for the Day for Wednesday, April 22, 2015 and established a prefiling requirement for amendments offered to the following bill:

 

      H. F. No. 843.

 

 

MOTIONS AND RESOLUTIONS

 

 

      Baker moved that the name of Applebaum be added as an author on H. F. No. 886.  The motion prevailed.

 

      Drazkowski moved that the name of Pugh be added as an author on H. F. No. 920.  The motion prevailed.

 

      Hamilton moved that the name of Applebaum be added as an author on H. F. No. 1054.  The motion prevailed.

 

      Schultz moved that the name of Moran be added as an author on H. F. No. 1449.  The motion prevailed.

 

      Atkins moved that the name of Selcer be added as an author on H. F. No. 1693.  The motion prevailed.

 

      Davids moved that the name of Applebaum be added as an author on H. F. No. 2084.  The motion prevailed.

 

      Koznick moved that the name of Anderson, P., be added as an author on H. F. No. 2199.  The motion prevailed.

 

      Hilstrom moved that the name of Nelson be added as an author on H. F. No. 2228.  The motion prevailed.

 

      Hortman moved that the names of Selcer and Moran be added as authors on H. F. No. 2229.  The motion prevailed.

 

      Albright moved that the names of Runbeck and Pugh be added as authors on H. F. No. 2236.  The motion prevailed.