Journal of the House - 39th Day - Tuesday, April 23, 2019 - Top of Page 3637

STATE OF MINNESOTA

 

Journal of the House

 

NINETY-FIRST SESSION - 2019

 

_____________________

 

THIRTY-NINTH DAY

 

Saint Paul, Minnesota, Tuesday, April 23, 2019

 

 

      The House of Representatives convened at 9:00 a.m. and was called to order by Melissa Hortman, Speaker of the House.

 

      Prayer was offered by the Reverend Kevin Schill, Good Samaritan United Methodist Church, Edina, 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:

 


Acomb

Albright

Anderson

Backer

Bahner

Bahr

Baker

Becker-Finn

Bennett

Bernardy

Bierman

Boe

Brand

Cantrell

Carlson, A.

Carlson, L.

Christensen

Claflin

Considine

Daniels

Daudt

Davids

Davnie

Dehn

Demuth

Dettmer

Drazkowski

Ecklund

Edelson

Elkins

Erickson

Fabian

Fischer

Franson

Freiberg

Garofalo

Gomez

Green

Grossell

Gruenhagen

Gunther

Haley

Halverson

Hamilton

Hansen

Hassan

Hausman

Heinrich

Heintzeman

Her

Hertaus

Hornstein

Howard

Huot

Johnson

Jurgens

Klevorn

Koegel

Kotyza-Witthuhn

Koznick

Kresha

Kunesh-Podein

Layman

Lee

Lesch

Liebling

Lien

Lillie

Lippert

Lislegard

Loeffler

Long

Lucero

Lueck

Mahoney

Mann

Mariani

Marquart

Masin

McDonald

Mekeland

Miller

Moller

Moran

Morrison

Munson

Murphy

Nash

Nelson, M.

Nelson, N.

Neu

Noor

Nornes

Olson

O'Neill

Pelowski

Persell

Petersburg

Pierson

Pinto

Poppe

Poston

Pryor

Quam

Richardson

Robbins

Runbeck

Sandell

Sandstede

Sauke

Schomacker

Schultz

Scott

Stephenson

Sundin

Swedzinski

Tabke

Theis

Torkelson

Urdahl

Vang

Vogel

Wagenius

Wazlawik

West

Winkler

Wolgamott

Xiong, J.

Xiong, T.

Youakim

Zerwas

Spk. Hortman


 

      A quorum was present.

 

      Kiel was excused until 6:25 p.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 - 39th Day - Tuesday, April 23, 2019 - Top of Page 3638

PETITIONS AND COMMUNICATIONS

 

 

      The following communications were received:

 

 

STATE OF MINNESOTA

OFFICE OF THE GOVERNOR

SAINT PAUL 55155

 

April 12, 2019

 

The Honorable Melissa Hortman

Speaker of the House of Representatives

The State of Minnesota

 

Dear Speaker Hortman:

 

      Please be advised that I have received, approved, signed, and deposited in the Office of the Secretary of State the following House Files:

 

      H. F. No. 608, relating to local government; amending the St. Louis County Civil Service Commission; making technical changes; removing obsolete language.

 

      H. F. No. 50, relating to transportation; prohibiting use of cell phones while driving under specified circumstances.

 

      H. F. No. 679, relating to human services; amending the effective date for children's residential treatment payment provisions; appropriating money.

 

 

                                                                                                                                Sincerely,

 

                                                                                                                                Tim Walz

                                                                                                                                Governor

 

 

STATE OF MINNESOTA

OFFICE OF THE SECRETARY OF STATE

ST. PAUL 55155

 

The Honorable Melissa Hortman

Speaker of the House of Representatives

 

The Honorable Jeremy R. Miller

President of the Senate

 

      I have the honor to inform you that the following enrolled Acts of the 2019 Session of the State Legislature have been received from the Office of the Governor and are deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:


Journal of the House - 39th Day - Tuesday, April 23, 2019 - Top of Page 3639

S. F.

No.

 

H. F.

No.

 

Session Laws

Chapter No.

Time and

Date Approved

2019

 

Date Filed

2019

 

        131                                                    7                                     3:10 p.m.  April 11                                 April 11

        584                                                    8                                     3:10 p.m.  April 11                                 April 11

                                  608                          9                                     1:35 p.m.  April 12                                 April 12

      1339                                                 10                                     3:39 p.m.  April 12                                 April 12

                                    50                        11                                   10:23 a.m.  April 12                                 April 12

                                  679                        12                                     1:35 p.m.  April 12                                 April 12

 

 

                                                                                                                                Sincerely,

 

                                                                                                                                Steve Simon

                                                                                                                                Secretary of State

 

 

REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

Carlson, L., from the Committee on Ways and Means to which was referred:

 

H. F. No. 1487, A bill for an act relating to elections; making technical and policy changes to provisions related to elections administration including provisions related to voting, voter registration, polling places, ballots, recounts, contests, candidates, and various other election-related provisions; amending Minnesota Statutes 2018, sections 5B.06; 201.071, subdivisions 1, 2, 3, 8; 201.12, subdivision 2; 201.121, subdivision 3; 201.13, subdivision 3; 201.1611, subdivision 1; 201.225, subdivision 2; 202A.16, subdivision 1; 203B.04, subdivision 1; 203B.081, subdivisions 1, 2; 203B.12, subdivision 7; 203B.121, subdivision 4; 203B.16, subdivision 2; 203B.24, subdivision 1; 204B.06, subdivision 4a; 204B.09, subdivisions 1, 3; 204B.16, subdivision 1; 204B.19, subdivision 6; 204B.21, subdivision 2; 204B.36, subdivision 2; 204B.45, subdivision 2; 204B.46; 204C.05, subdivisions 1a, 1b; 204C.21, subdivision 1; 204C.27; 204C.33, subdivision 3; 204C.35, subdivision 3, by adding a subdivision; 204C.36, subdivision 1; 204D.08, subdivision 4; 204D.13, subdivision 1; 204D.27, subdivision 5; 204D.28, subdivisions 9, 10; 205.13, subdivision 5; 205A.10, subdivision 5; 205A.12, subdivision 5; 206.89, subdivisions 4, 5; 206.90, subdivision 6; 207A.12; 207A.14, subdivision 2; 209.021, subdivision 2; 211B.11, subdivision 1; 367.03, subdivision 6; 367.25, subdivision 1; 412.02, subdivision 2a; 447.32, subdivision 4.

 

Reported the same back with the recommendation that the bill be placed on the General Register.

 

      The report was adopted.

 

 

Carlson, L., from the Committee on Ways and Means to which was referred:

 

H. F. No. 1543, A bill for an act relating to human services; modifying background study set aside criteria; amending Minnesota Statutes 2018, sections 144.057, subdivision 3; 245C.02, by adding a subdivision; 245C.22, subdivisions 4, 5.

 

Reported the same back with the following amendments:


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Page 3, after line 3, insert:

 

"(4) the individual is not disqualified for convictions of the following offenses:  sections 609.2325 (criminal abuse of a vulnerable adult); 609.2335 (financial exploitation of a vulnerable adult); 609.2664 (manslaughter of an unborn child in the first degree); 609.2665 (manslaughter of an unborn child in the second degree); 609.267 (assault of an unborn child in the first degree); 609.2671 (assault of an unborn child in the second degree); 609.268 (injury or death of an unborn child in the commission of a crime); 609.498, subdivision 1 or 1b (tampering with a witness in the first degree or aggravated first-degree tampering with a witness); and repeat offenses under 617.241 (obscene materials and performances; distribution and exhibition prohibited; penalty);"

 

Page 3, line 4, delete "(4)" and insert "(5)"

 

Page 3, line 8, delete "(5)" and insert "(6)"

 

Page 3, line 11, delete "(6)" and insert "(7)"

 

 

With the recommendation that when so amended the bill be placed on the General Register.

 

      The report was adopted.

 

 

Carlson, L., from the Committee on Ways and Means to which was referred:

 

H. F. No. 1581, A bill for an act relating to agriculture; appropriating money for farmer mental health counseling; canceling an appropriation.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  CANCELLATION.

 

Of the amount appropriated to the commissioner of agriculture for the agricultural growth, research, and innovation program for fiscal year 2019 in Laws 2017, chapter 88, article 1, section 2, subdivision 4, $100,000 is canceled to the general fund.

 

Sec. 2.  APPROPRIATION.

 

(a) $100,000 in fiscal year 2019 is appropriated from the general fund to the commissioner of agriculture for the following purposes:

 

(1) $15,000 is for transfer to the Board of Trustees of the Minnesota State Colleges and Universities to increase compensation for the counselor currently providing statewide mental health counseling support to farm families and business operators through the Minnesota State Agricultural Centers of Excellence.  South Central College and Central Lakes College shall serve as the fiscal agents;

 

(2) $40,000 is for transfer to the Board of Trustees of the Minnesota State Colleges and Universities to provide additional statewide mental health counseling support to farm families and business operators through the Minnesota State Agricultural Centers of Excellence.  South Central College and Central Lakes College shall serve as the fiscal agents;


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(3) $30,000 is for farmer mental health marketing and training coordination; and

 

(4) $15,000 is to increase funding for farm advocate services and farmer-lender mediators.

 

(b) This is a onetime appropriation.

 

Sec. 3.  INTERPRETATION.

 

If a cancellation or an appropriation in this act is enacted more than once in the 2019 legislative session, the cancellation or appropriation is to be given effect only once.

 

Sec. 4.  EFFECTIVE DATE.

 

This act is effective the day following final enactment."

 

Delete the title and insert:

 

"A bill for an act relating to agriculture; appropriating money to address farmer mental health and for farm advocate services and farmer-lender mediators; canceling an appropriation."

 

 

With the recommendation that when so amended the bill be placed on the General Register.

 

      The report was adopted.

 

 

Carlson, L., from the Committee on Ways and Means to which was referred:

 

H. F. No. 1935, A bill for an act relating to state government; modifying certain administrative law judge salaries; amending Minnesota Statutes 2018, section 15A.083, subdivision 6a.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"ARTICLE 1

STATE GOVERNMENT APPROPRIATIONS

 

Section 1.  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 "2020" and "2021" used in this article mean that the appropriations listed under them are available for the fiscal year ending June 30, 2020, or June 30, 2021, respectively.  "The first year" is fiscal year 2020.  "The second year" is fiscal year 2021.  "The biennium" is fiscal years 2020 and 2021.

 

 

 

 

APPROPRIATIONS

 

 

 

Available for the Year

 

 

 

Ending June 30

 

 

 

2020

2021

 

Sec. 2.  LEGISLATURE

 

 

 

 

 

Subdivision 1.  Total Appropriation

 

$88,669,000

 

$92,220,000


Journal of the House - 39th Day - Tuesday, April 23, 2019 - Top of Page 3642

Appropriations by Fund

 

 

 

2020

2021

 

 

General

88,541,000

92,092,000

 

Health Care Access

128,000

128,000

 

 

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

 

Subd. 2.  Senate

 

32,105,000

 

32,105,000

 

Subd. 3.  House of Representatives

 

37,420,000

 

38,857,000

 

Subd. 4.  Legislative Coordinating Commission

 

19,144,000

 

21,258,000

 

Appropriations by Fund

 

General

19,016,000

21,130,000

Health Care Access

128,000

128,000

 

(a) $161,000 the first year and $156,000 the second year are to support the Office on the Economic Status of Women and other duties under Minnesota Statutes, section 3.303, subdivision 7.

 

(b) $140,000 the first year and $1,039,000 the second year are to implement the accessibility standards established in Minnesota Statutes, section 3.199, including support for the working group on the legislature's accessibility measures established in article 2.  The base for this appropriation is $780,000 each year beginning in fiscal year 2022.

 

(c) $218,000 the second year is for the Redistricting Advisory Commission established in Minnesota Statutes, section 2.032.  The base for the commission is $190,000 in fiscal year 2022 and $0 in fiscal year 2023.

 

(d) $135,000 the first year and $130,000 the second year are for the Legislative Commission on Data Practices and Personal Data Privacy.

 

(e) $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.

 

Legislative Auditor.  $7,205,000 the first year and $7,596,000 the second year are for the Office of the Legislative Auditor.

 

Revisor of Statutes.  $6,768,000 the first year and $7,207,000 the second year are for the Office of the Revisor of Statutes.


Journal of the House - 39th Day - Tuesday, April 23, 2019 - Top of Page 3643

Legislative Reference Library.  $1,664,000 the first year and $1,775,000 the second year are for the Legislative Reference Library.

 

Sec. 3.  GOVERNOR AND LIEUTENANT GOVERNOR

$3,972,000

 

$3,972,000

 

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

 

(b) $350,000 each year is for the Office of Public Engagement.

 

(c) Up to $19,000 each year is for necessary expenses in the normal performance of the governor's and lieutenant governor's duties for which no other reimbursement is provided.

 

Sec. 4.  STATE AUDITOR

 

$10,669,000

 

$10,943,000

 

Sec. 5.  ATTORNEY GENERAL

 

$26,681,000

 

$27,740,000

 

Appropriations by Fund

 

 

2020

2021

 

General

23,822,000

24,824,000

State Government Special Revenue

 

2,464,000

 

2,521,000

Environmental

145,000

145,000

Remediation

250,000

250,000

 

Sec. 6.  SECRETARY OF STATE

 

$7,525,000

 

$7,411,000

 

$163,000 the first year is transferred from the general fund to the Help America Vote Act account under Minnesota Statutes, section 5.30, and is credited to the state match requirement of the Omnibus Appropriations Act of 2018, Public Law 115-1410, and the Help America Vote Act of 2002, Public Law 107-252, section 101.  This is a onetime appropriation.

 

Sec. 7.  CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD

 

$1,173,000

 

 

$1,123,000

 

$50,000 the first year is for updates to the Campaign Finance Reporter application.  This is a onetime appropriation.

 

Sec. 8.  STATE BOARD OF INVESTMENT

 

$139,000

 

$139,000

 

Sec. 9.  ADMINISTRATIVE HEARINGS

 

$8,231,000

 

$8,231,000

 

Appropriations by Fund

 

 

2020

2021

 

General

400,000

400,000

Workers' Compensation

7,831,000

7,831,000

 

$263,000 each year is for municipal boundary adjustments.


Journal of the House - 39th Day - Tuesday, April 23, 2019 - Top of Page 3644

Sec. 10.  OFFICE OF MN.IT SERVICES

 

$17,379,000

 

$12,079,000

 

(a) $12,650,000 the first year and $7,350,000 the second year are for enhancements to cybersecurity across state government.  The base for this appropriation in fiscal years 2022 and 2023 is $7,347,000 each year.

 

(b) $2,050,000 each year is to expand the state information technology project portfolio and project management oversight across state government.  The base for this appropriation in fiscal years 2022 and 2023 is $1,200,000 each year.

 

(c) The commissioner of management and budget is authorized to provide cash flow assistance of up to $50,000,000 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.  These funds shall be repaid with interest by the end of the fiscal year 2021 closing period.

 

(d) During the biennium ending June 30, 2021, the Office of 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 state broadcast infrastructure.  If the access fees not charged to public noncommerical educational television broadcast stations total more than $400,000 for the biennium, the office may charge for access fees in excess of that amount.

 

Sec. 11.  ADMINISTRATION

 

 

 

 

 

Subdivision 1.  Total Appropriation

 

$28,826,000

 

$25,661,000

 

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

 

Subd. 2.  Government and Citizen Services

 

 11,983,000

 

10,013,000

 

(a) $100,000 each year is for website accessibility grants under Minnesota Statutes, section 16B.90.

 

(b) $30,000 the second year is for the Capitol flag program established in Minnesota Statutes, section 16B.276.  This is a onetime appropriation and is available until June 30, 2023.

 

Council on Developmental Disabilities.  $74,000 each year is for the Council on Developmental Disabilities.


Journal of the House - 39th Day - Tuesday, April 23, 2019 - Top of Page 3645

Office of State Procurement.  $2,862,000 each year is for the Office of State Procurement.

 

Of this amount, $441,000 each year is for the state match to the Procurement Technical Assistance Center.  This is a onetime appropriation.  The base for the Office of State Procurement is $2,421,000 in fiscal year 2022 and each year thereafter.

 

State Demographer.  $2,739,000 the first year and $739,000 the second year are for the state demographer.  Of this amount, $2,000,000 the first year is for Minnesota Census 2020 mobilization, including the grant program required under article 2.

 

State Historic Preservation Office.  $527,000 each year is for the State Historic Preservation Office.

 

Subd. 3.  Strategic Management Services

 

2,671,000

 

2,651,000

 

Subd. 4.  Fiscal Agent

 

14,172,000

 

12,997,000

 

In-Lieu of Rent.  $9,391,000 each year is for space costs of the legislature and veterans organizations, ceremonial space, and statutorily free space.

 

Public Television.  (a) $1,550,000 each year is for matching grants for public television.

 

(b) $250,000 each year is for public television equipment grants under Minnesota Statutes, section 129D.13.

 

(c) The commissioner of administration must consider the recommendations of the Minnesota Public Television Association before allocating the amounts appropriated in paragraphs (a) and (b) for equipment or matching grants.

 

Public Radio.  (a) $492,000 each year is for community service grants to public educational radio stations.  This appropriation may be used to disseminate emergency information in foreign languages.

 

(b) $142,000 each year is 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.

 

(c) $510,000 each year is for equipment grants to Minnesota Public Radio, Inc., including upgrades to Minnesota's Emergency Alert and AMBER Alert Systems.

 

(d) The appropriations in paragraphs (a) to (c) may not be used for indirect costs claimed by an institution or governing body.


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(e) The commissioner of administration must consider the recommendations of the Association of Minnesota Public Educational Radio Stations before awarding grants under Minnesota Statutes, section 129D.14, using the appropriations in paragraphs (a) and (b).  No grantee is eligible for a grant unless they are a member of the Association of Minnesota Public Educational Radio Stations on or before July 1, 2019.

 

(f) $75,000 the first year is for a grant to the Association of Minnesota Public Educational Radio Stations for statewide programming to promote the Veterans' Voices program.  The grant must be used to educate and engage communities regarding veterans' contributions, knowledge, skills, and experiences with an emphasis on Korean War veterans.

 

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

 

(h) $1,600,000 the first year is for grants to Twin Cities Public Television and to the Association of Minnesota Public Educational Radio Stations to produce the Beyond Opioids Project in collaboration with the stations of the Minnesota Public Television Association.  Seventy percent of this appropriation must be for a grant to Twin Cities Public Television and 30 percent must be for a grant to the Association of Minnesota Public Educational Radio Stations.  The commissioner of administration may use up to five percent of the total appropriation under this paragraph for administrative costs.

 

(i) $162,000 each year is for transfer to the Minnesota Film and TV Board.  The appropriation in each year is available only upon receipt by the board of $1 in matching contributions of money or in-kind contributions from nonstate sources for every $3 provided by this appropriation, except that each year up to $50,000 is available on July 1 even if the required matching contribution has not been received by that date.  Beginning in fiscal year 2022, these amounts are added to the base for the Film and TV Board in the Department of Employment and Economic Development.

 

Sec. 12.  CAPITOL AREA ARCHITECTURAL AND PLANNING BOARD

 

$351,000

 

 

$351,000

 

Sec. 13.  MINNESOTA MANAGEMENT AND BUDGET

$33,223,000

 

$27,591,000

 

(a) $1,168,000 the first year and $868,000 the second year are for efforts to support enhanced sexual harassment prevention activities, to support the Office of Inclusion and Equity, to fund state workforce recruitment activities, and to implement a statewide compensation study.


Journal of the House - 39th Day - Tuesday, April 23, 2019 - Top of Page 3647

(b) $205,000 the first year and $252,000 the second year are to enhance capacity to provide legislators, executive branch officials, local governments, and other Minnesota stakeholders access to data-driven information.

 

(c) $5,500,000 the first year is for system security and risk management.  This is a onetime appropriation.

 

Sec. 14.  REVENUE

 

 

 

 

 

Subdivision 1.  Total Appropriation

 

$165,005,000

 

$167,204,000

 

Appropriations by Fund

 

 

2020

2021

 

General

160,745,000

162,944,000

Health Care Access

1,760,000

1,760,000

Highway User Tax Distribution

 

2,195,000

 

2,195,000

Environmental

305,000

305,000

 

Subd. 2.  Tax System Management

 

136,190,000

 

137,892,000

 

Appropriations by Fund

 

 

2020

2021

 

General

131,930,000

133,632,000

Health Care Access

1,760,000

1,760,000

Highway User Tax Distribution

 

2,195,000

 

2,195,000

Environmental

305,000

305,000

 

Subd. 3.  Debt Collection Management

 

28,815,000

 

29,312,000

 

Sec. 15.  GAMBLING CONTROL

 

$3,472,000

 

$3,472,000

 

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

 

Sec. 16.  RACING COMMISSION

 

$913,000

 

$913,000

 

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 State Lottery's operating budget must not exceed $35,000,000 in fiscal year 2020 and $36,500,000 in fiscal year 2021.


Journal of the House - 39th Day - Tuesday, April 23, 2019 - Top of Page 3648

Sec. 18.  AMATEUR SPORTS COMMISSION

 

$1,266,000

 

$306,000

 

(a) $600,000 the first year is for grants under Minnesota Statutes, section 240A.09, paragraph (b).

 

(b) $250,000 the first year is for grants to reimburse local governments that made improvements between January 1, 2017, and the effective date of this section that would have been eligible for grants under Minnesota Statutes, section 240A.09, paragraph (b), if funding had been available.

 

(c) $75,000 the first year is to determine a site and plans for a new velodrome for track cycling.

 

Sec. 19.  COUNCIL FOR MINNESOTANS OF AFRICAN HERITAGE

 

$681,000

 

 

$682,000

 

Sec. 20.  COUNCIL ON LATINO AFFAIRS

 

$679,000

 

$685,000

 

Sec. 21.  COUNCIL ON ASIAN-PACIFIC MINNESOTANS

$609,000

 

$616,000

 

Sec. 22.  INDIAN AFFAIRS COUNCIL

 

$1,119,000

 

$1,106,000

 

$533,000 the first year and $520,000 the second year are to implement Minnesota Statutes, section 307.08.

 

Sec. 23.  MINNESOTA HISTORICAL SOCIETY

 

 

 

 

 

Subdivision 1.  Total Appropriation

 

$24,063,000

 

$24,213,000

 

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

 

Subd. 2.  Operations and Programs

 

23,342,000

 

23,892,000

 

$395,000 each year is for digital preservation and access to preserve and make available resources related to Minnesota history.

 

Subd. 3.  Fiscal Agent

 

 

 

 

 

(a) Global Minnesota

 

39,000

 

39,000

 

(b) Minnesota Air National Guard Museum

 

17,000

 

17,000

 

(c) Minnesota Military Museum

 

450,000

 

50,000


Journal of the House - 39th Day - Tuesday, April 23, 2019 - Top of Page 3649

Of these amounts, $400,000 the first year is to:

 

(1) care for, catalog, and display the recently acquired collection of the personal and professional effects belonging to General John W.  Vessey, Minnesota's most decorated veteran; and

 

(2) conduct a statewide story-sharing program to honor the distinct service of post 9/11 veterans in anticipation of the 2021 anniversary.

 

(d) Farmamerica

 

115,000

 

115,000

 

(e) Hockey Hall of Fame

 

50,000

 

50,000

 

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

 

Sec. 24.  BOARD OF THE ARTS

 

 

 

 

 

Subdivision 1.  Total Appropriation

 

$8,241,000

 

$7,541,000

 

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

 

Subd. 2.  Operations and Services

 

1,302,000

 

602,000

 

$700,000 in the first year is for moving and relocation expenses for the board.  Moving and relocation expenses are limited to the design and construction of new leased office space; moving, installing and reconfiguring information technology systems and audio visual equipment; purchasing and installing work stations; and professional moving services necessary to complete the relocation.  The board may use no more than $5,000 for other miscellaneous services, provided that the services must be directly related to the office relocation.  On June 30, 2020, any unexpended amounts appropriated for moving and relocation expenses cancel to the general fund.

 

Subd. 3.  Grants Program

 

4,800,000

 

4,800,000

 

Subd. 4.  Regional Arts Councils

 

2,139,000

 

2,139,000

 

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

 

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 five percent of the total grant for costs related to travel outside the state of Minnesota.


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Sec. 25.  MINNESOTA HUMANITIES CENTER

 

$700,000

 

$700,000

 

$325,000 each year is for grants under Minnesota Statutes, section 138.912.  No more than three percent of the appropriation may be used for the nonprofit administration of the program.  Beginning in fiscal year 2022, these amounts are added to the base in the Department of Agriculture.

 

Sec. 26.  BOARD OF ACCOUNTANCY

 

$736,000

 

$667,000

 

$50,000 the first year is to update the online permitting system.  The base in fiscal year 2023 is $657,000.

 

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

 

 

$905,000

 

 

 

$851,000

 

$50,000 the first year is to update the online permitting system.  The base in fiscal year 2022 is $831,000 and in fiscal year 2023 is $821,000.

 

Sec. 28.  BOARD OF COSMETOLOGIST EXAMINERS

$2,916,000

 

$2,935,000

 

Sec. 29.  BOARD OF BARBER EXAMINERS

 

$343,000

 

$343,000

 

Sec. 30.  GENERAL CONTINGENT ACCOUNTS

 

$1,000,000

 

$500,000

 

Appropriations by Fund

 

 

2020

2021

 

General

500,000

-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. 31.  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.


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Sec. 32.  MINNESOTA STATE RETIREMENT SYSTEM

 

 

 

 

Subdivision 1.  Total Appropriation

 

$15,111,000

 

$15,151,000

 

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

 

Subd. 2.  Combined Legislators and Constitutional Officers Retirement Plan

 

9,111,000

 

 

9,151,000

 

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

 

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

 

Subd. 3.  Judges Retirement Plan

 

6,000,000

 

6,000,000

 

For transfer to the judges retirement fund under Minnesota Statutes, section 490.123.  This transfer continues each fiscal year until the judges retirement plan reaches 100 percent funding as determined by an actuarial valuation prepared according to Minnesota Statutes, section 356.214.

 

Sec. 33.  PUBLIC EMPLOYEES RETIREMENT ASSOCIATION

 

$20,500,000

 

 

$25,000,000

 

General employees retirement plan of the Public Employees Retirement Association relating to the merged former MERF division.

 

State payments from the general fund to the Public Employees Retirement Association on behalf of the former MERF division account are $16,000,000 on September 15, 2019, and $16,000,000 on September 15, 2020.

 

These amounts are estimated to be needed under Minnesota Statutes, section 353.505.

 

Sec. 34.  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 each year is for special direct state aid authorized under Minnesota Statutes, section 354.436.

 

Special Direct State Matching Aid.  $2,500,000 each year is for special direct state matching aid authorized under Minnesota Statutes, section 354.435.


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Sec. 35.  ST. PAUL TEACHERS RETIREMENT FUND

$14,827,000

 

$14,827,000

 

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. 36.  APPROPRIATION; SECRETARY OF STATE; COURT ORDERED ATTORNEY FEES.

 

$1,290,000 is appropriated in fiscal year 2019 from the general fund to the secretary of state for the payment of attorney fees awarded by court order in Minnesota Voters Alliance v. Mansky.  This is a onetime appropriation.

 

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

 

Sec. 37.  CONTRACTS FOR PROFESSIONAL OR TECHNICAL SERVICES.

 

(a) During the biennium ending June 30, 2021, the commissioner of management and budget must reduce total general fund appropriations across all executive branch state agencies for planned expenditures on contracts for professional or technical services by at least $890,000.  Contracts that provide services to support client-facing health care workers, corrections officers, public safety workers, mental health workers, and state cybersecurity systems; contracts that support the enterprise resource planning system replacement at the Minnesota State Colleges and Universities; and contracts that support information technology systems or services that were not part of an agency's base budget prior to the effective date of this act may not be reduced under this paragraph.

 

(b) The commissioner of management and budget, in consultation with the commissioner of administration, may authorize an agency to exceed the expenditure restriction provided by this section if a contract for professional or technical services is required to respond to an emergency.

 

(c) For purposes of this section:

 

(1) "professional or technical services" has the meaning given in Minnesota Statutes, section 16C.08, subdivision 1;

 

(2) "emergency" has the meaning given in Minnesota Statutes, section 16C.02, subdivision 6b; and

 

(3) "executive branch state agency" has the meaning given in Minnesota Statutes, section 16A.011, subdivision 12a, and includes the Minnesota State Colleges and Universities.

 

Sec. 38.  HELP AMERICA VOTE ACT TRANSFERS AND APPROPRIATIONS; SECRETARY OF STATE.

 

(a) $6,595,610 is appropriated in fiscal year 2019 from the HAVA account established in Minnesota Statutes, section 5.30, to the secretary of state for the purposes of improving the administration and security of elections as authorized by federal law.  Use of the appropriation is limited to the following activities:

 

(1) modernizing, securing, and updating the statewide voter registration system and for cybersecurity upgrades as authorized by federal law;

 

(2) improving accessibility;

 

(3) preparing training materials and training local election officials; and

 

(4) implementing security improvements for election systems.


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(b) Any amount earned in interest on the amount appropriated under paragraph (a) is appropriated from the HAVA account to the secretary of state for purposes of improving the administration and security of elections as authorized by federal law.

 

(c) The appropriations under paragraphs (a) and (b) are onetime and available until March 23, 2023.

 

(d) $167,000 expended by the secretary of state in fiscal years 2018 and 2019 for increasing secure access to the statewide voter registration system is deemed:

 

(1) to be money used for carrying out the purposes authorized under the Omnibus Appropriations Act of 2018, Public Law 115-1410, and the Help America Vote Act of 2002, Public Law 107-252, section 101; and

 

(2) to be credited toward any match required by those laws.

 

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

 

ARTICLE 2

STATE GOVERNMENT OPERATIONS

 

Section 1.  [3.199] ACCESSIBILITY IN THE LEGISLATURE'S INFORMATION TECHNOLOGY.

 

Subdivision 1.  Definitions.  (a) For purposes of this section, the following term has the meaning given.

 

(b) "Responsible authority" means:

 

(1) for the house of representatives, the chief clerk of the house;

 

(2) for the senate, the secretary of the senate;

 

(3) for the Office of the Revisor of Statutes, the revisor of statutes;

 

(4) for the Office of the Legislative Auditor, the legislative auditor;

 

(5) for the Legislative Reference Library, the library director;

 

(6) for the Legislative Budget Office, the director of the Legislative Budget Office; and

 

(7) for any entity administered by the legislative branch not listed in clauses (1) to (6), the director of the Legislative Coordinating Commission.

 

Subd. 2.  Accessibility standards; compliance.  The senate, the house of representatives, and joint legislative offices and commissions must comply with accessibility standards adopted for state agencies by the chief information officer under section 16E.03, subdivision 9, for technology, software, and hardware procurement, unless the responsible authority for a legislative body or office has approved an exception for a standard for that body or office.

 

Subd. 3.  Not subject to MN.IT authority.  The chief information officer is not authorized to manage or direct compliance of the legislature with accessibility standards.

 

EFFECTIVE DATE.  This section is effective September 1, 2021.


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Sec. 2.  Minnesota Statutes 2018, section 3.8843, subdivision 7, is amended to read:

 

Subd. 7.  Expiration.  This section expires June 30, 2019 2026.

 

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

 

Sec. 3.  Minnesota Statutes 2018, section 3.886, subdivision 6, is amended to read:

 

Subd. 6.  Expiration.  This section expires July 1, 2019 2025.

 

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

 

Sec. 4.  [5.42] DISPLAY OF BUSINESS ADDRESS ON WEBSITE.

 

(a) A business entity may request in writing that all addresses submitted by the business entity to the secretary of state be omitted from display on the secretary of state's website.  A business entity may only request that all addresses be omitted from display if the entity certifies that:

 

(1) there is only one shareholder, member, manager, or owner of the business entity;

 

(2) the shareholder, manager, member, or owner is a natural person; and

 

(3) at least one of the addresses provided is the residential address of the sole shareholder, manager, member, or owner.

 

The secretary of state shall post a notice that this option is available and a link to the form needed to make a request on the secretary's website.  The secretary of state shall also attach a copy of the request form to all business filing forms provided in a paper format that require a business entity to submit an address.

 

(b) This section does not change the classification of data under chapter 13 and addresses shall be made available to the public in response to requests made by telephone, mail, e­mail, and facsimile transmission.

 

EFFECTIVE DATE.  This section is effective August 1, 2019, and applies to business entity filings filed with the secretary of state on or after that date.

 

Sec. 5.  Minnesota Statutes 2018, section 15A.083, subdivision 6a, is amended to read:

 

Subd. 6a.  Administrative law judge; salaries.  The salary of the chief administrative law judge is 98.52 percent of the salary of a chief district court judge.  The salaries of the assistant chief administrative law judge and administrative law judge supervisors are 93.60 100 percent of the salary of a chief district court judge.  The salary of an administrative law judge employed by the Office of Administrative Hearings is 98.52 percent of the salary of a district court judge as set under section 15A.082, subdivision 3.

 

EFFECTIVE DATE.  This section is effective July 1, 2019.

 

Sec. 6.  Minnesota Statutes 2018, section 16A.013, is amended by adding a subdivision to read:

 

Subd. 1a.  Opportunity to make gifts via website.  The commissioner of management and budget must maintain a secure website which permits any person to make a gift of money electronically for any purpose authorized by subdivision 1.  Gifts made using the website are subject to all other requirements of this section, sections 16A.014 to 16A.016, and any other applicable law governing the receipt of gifts by the state and the purposes for which a gift may be used.  The website must include historical data on the total amount of gifts received using the site, itemized by month.


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Sec. 7.  [16A.1335] EMPLOYEE SALARIES AND BENEFITS IN EVENT OF STATE GOVERNMENT SHUTDOWN.

 

Subdivision 1.  Definition.  As used in this section, "government shutdown" means that, as of July 1 of an odd‑numbered year, legislation appropriating money for the general operations of:

 

(1) an executive agency;

 

(2) an office or department of the legislature, including each house of the legislature and the Legislative Coordinating Commission; or

 

(3) a judicial branch agency or department, including a court;

 

has not been enacted for the biennium beginning July 1 of that year.

 

Subd. 2.  Payment required.  Notwithstanding section 16A.17, subdivision 8, state employees must be provided payment for lost salary and benefits resulting from their absence from work during a government shutdown.  An employee is eligible for a payment under this section only upon the employee's return to work.

 

Subd. 3.  Appropriation; limitation.  (a) In the event of a government shutdown, the amount necessary to pay the salary and benefits of employees of any impacted agency, office, or department is appropriated beginning on that July 1 to that agency, office, or department.  The appropriation is made from the fund or funds from which an appropriation was made in the previous fiscal year for salary and benefits paid to each affected employee.

 

(b) Amounts appropriated under this subdivision may not exceed the amount or amounts appropriated for general operations of the affected agency, office, or department in the previous fiscal year.

 

Subd. 4.  Certification of amount for employees in the legislative and judicial branches.  By June 25 of an odd-numbered year, if a government shutdown appears imminent, the chief clerk of the house of representatives, the secretary of the senate, and the chief clerk of the supreme court must each certify to the commissioner of management and budget the amount needed for salaries and benefits for each fiscal year of the next biennium, and the commissioner of management and budget shall make the certified amount available on July 1 of that year, or on another schedule that permits payment of all salary and benefit obligations required by this section in a timely manner.

 

Subd. 5.  Subsequent appropriations.  A subsequent appropriation to the agency, office, or department for regular operations for a biennium in which this section has been applied may only supersede and replace the appropriation provided by subdivision 3 by express reference to this section.

 

Sec. 8.  Minnesota Statutes 2018, section 16A.90, is amended to read:

 

16A.90 EMPLOYEE GAINSHARING SYSTEM.

 

Subdivision 1.  Commissioner must establish program.  (a) The commissioner shall establish a program to provide onetime bonus compensation to state employees for efforts made to reduce suggestions that are implemented and result in a reduction of the costs of operating state government or for ways of providing better or more efficient state services.  The commissioner may authorize an executive branch appointing authority to make a onetime award to an employee or group of employees whose suggestion or involvement in a project is determined by the commissioner to have resulted in documented cost-savings to the state.  Before authorizing awards under this section, the commissioner shall establish guidelines for the program including but not limited to:


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(1) the maximum award is ten percent of the documented savings in the first fiscal year within the first year after implementation of the employee suggestion in which the savings are realized up to $50,000;

 

(2) the award must be paid from the appropriation to which the savings accrued; and

 

(3) (2) employees whose primary job responsibility is to identify cost savings or ways of providing better or more efficient state services are generally not eligible for bonus compensation under this section except in extraordinary circumstances as defined by the commissioner; and

 

(3) employees are eligible for awards under this section notwithstanding chapter 179A.

 

(b) The program required by this section must be in addition to any existing monetary or nonmonetary performance-based recognition programs for state employees, including achievement awards, continuous improvement awards, and general employee recognitions.

 

Subd. 2.  Biannual Legislative report.  No later than August 1, 2017, and biannually July 1, 2020, and annually thereafter, the commissioner must report to the chairs and ranking minority members of the house of representatives and senate committees with jurisdiction over Minnesota Management and Budget on the status of the program required by this section.  The report must detail:

 

(1) the specific program guidelines established by the commissioner as required by subdivision 1, if the guidelines have not been described in a previous report;

 

(2) any proposed modifications to the established guidelines under consideration by the commissioner, including the reason for the proposed modifications; and

 

(3) the methods used by the commissioner to promote the program to state employees, if the methods have not been described in a previous report;

 

(4) a summary of the results of the program that includes the following, categorized by agency:

 

(i) the number of state employees whose suggestions or involvement in a project were considered for possible bonus compensation, and a description of each suggestion or project that was considered;

 

(ii) the total amount of bonus compensation actually awarded, itemized by each suggestion or project that resulted in an award and the amount awarded for that suggestion or project; and

 

(iii) the total amount of documented cost-savings that accrued to the agency as a result of each suggestion or project for which bonus compensation was granted; and

 

(5) (3) any recommendations for legislation that, in the judgment of the commissioner, would improve the effectiveness of the bonus compensation program established by this section or which would otherwise increase opportunities for state employees to actively participate in the development and implementation of strategies for reducing the costs of operating state government or for providing better or more efficient state services.

 

Subd. 3.  Pilot program.  To the extent that appropriations are not available to fully implement the program required by subdivision 1, the commissioner must use available resources to implement a pilot program that meets the requirements of subdivision 1 within a single agency designated by the commissioner.  If established, details on the pilot program must be included in the legislative report required under subdivision 2.


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Sec. 9.  [16B.276] CAPITOL FLAG PROGRAM.

 

Subdivision 1.  Definitions.  (a) The terms used in this section have the meanings given them.

 

(b) "Active service" has the meaning given in section 190.05, subdivision 5.

 

(c) "Eligible family member" means a surviving spouse, parent or legal guardian, child, or sibling of (1) a public safety officer killed in the line of duty, or (2) a person who has died while serving honorably in active service in the United States armed forces.  For purposes of this section, an eligibility relationship may be established by birth or adoption.

 

(d) "Killed in the line of duty" has the meaning given in section 299A.41, subdivision 3.

 

(e) "Public safety officer" has the meaning given in section 299A.41, subdivision 4.

 

Subd. 2.  Establishment.  A Capitol flag program is established.  The purpose of the program is to make a Minnesota state flag and an American flag that was flown over the Minnesota State Capitol available to the family members of a public safety officer killed in the line of duty or a member of the United States armed forces who died while in active service.  In addition to appropriations provided by law, the commissioner of management and budget may receive gifts to support the program as authorized in sections 16A.013 to 16A.016.  The program established by this section is required only to the extent that sufficient funds are available through appropriations or gifts to support its operations.

 

Subd. 3.  Submission of request; presentation.  (a) A flag request may only be made by a legislator or state constitutional officer on behalf of an eligible family member, after verification of the family member's eligibility under the procedures adopted under subdivision 4.  The request must be made to the commissioner of administration, and must indicate the type of flag requested, a certification that the family member's eligibility has been verified, special requests for the date the flag is flown over the Capitol, and the method of presentment.  The commissioner may adopt a form to be used for this purpose.  With at least 30 days' notice, the commissioner must honor a request that a flag be flown on a specific commemorative date.

 

(b) Upon receipt of a request, the commissioner must present a flag to the eligible family member, or to the requesting legislator or constitutional officer for coordination of a later presentment ceremony.  If relevant information is made available, the commissioner shall provide a certificate memorializing the details of the occasion and the date the flag was flown with each flag presented.

 

Subd. 4.  Verification of eligibility.  The house of representatives, the senate, and each constitutional officer must adopt procedures for the administration of flag requests received from eligible family members, including a procedure for verification of a family member's eligibility to receive a flag.

 

Subd. 5.  No fee for first flag.  The family of a public safety officer killed in the line of duty or service member of the United States armed forces who died in active service is entitled to receive one United States flag and one Minnesota state flag free of charge under this section.  If multiple flags of the same type are requested to be flown in honor of the same decedent, the commissioner may charge a reasonable fee that does not exceed the actual cost of flying each flag and preparing a certificate memorializing the occasion.

 

EFFECTIVE DATE.  This section is effective July 1, 2020.


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Sec. 10.  Minnesota Statutes 2018, section 16B.32, subdivision 1a, is amended to read:

 

Subd. 1a.  Onsite Energy generation from renewable sources.  A state agency that prepares a predesign for a new building must consider meeting at least two percent of the energy needs of the building from renewable sources located on the building site.  For purposes of this subdivision, "renewable sources" are limited to wind and the sun.  The predesign must include an explicit cost and price analysis of complying with the two-percent requirement compared with the present and future costs of energy supplied by a public utility from a location away from the building site and the present and future costs of controlling carbon emissions.  If the analysis concludes that the building should not meet at least two percent of its energy needs from renewable sources located on the building site, the analysis must provide explicit reasons why not.  The building may not receive further state appropriations for design or construction unless at least two percent of its energy needs are designed to be met from renewable sources, unless the commissioner finds that the reasons given by the agency for not meeting the two-percent requirement were supported by evidence in the record.

 

Sec. 11.  Minnesota Statutes 2018, section 16B.323, subdivision 2, is amended to read:

 

Subd. 2.  Solar energy system.  (a) As provided in paragraphs (b) and (c), a project for the construction or major renovation of a state building, after the completion of a cost-benefit analysis, may include installation of solar energy systems of up to 300 kilowatts capacity on, adjacent, or in proximity to the state building on state-owned buildings and land.

 

(b) The capacity of a solar energy system must be less than 300 kilowatts to the extent necessary to match the electrical load of the building, or the capacity must be no more than necessary to keep the costs for the installation below the five percent maximum set by paragraph (c).

 

(c) The cost of the solar energy system must not exceed five percent of the appropriations from the bond proceeds fund for the construction or renovation of the state building.  Purchase and installation of a solar thermal system may account for no more than 25 percent of the cost of a solar energy system installation.

 

(d) A project subject to this section is ineligible to receive a rebate for the installation of a solar energy system under section 116C.7791 or from any utility.

 

Sec. 12.  [16B.372] OFFICE OF ENTERPRISE SUSTAINABILITY.

 

Subdivision 1.  Enterprise sustainability.  The Office of Enterprise Sustainability is established under the jurisdiction of the commissioner to assist all state agencies in making measurable progress toward improving the sustainability of government operations by reducing the impact on the environment, controlling unnecessary waste of natural resources and public funds, and spurring innovation.  The office shall create new tools and share best practices, assist state agencies to plan for and implement improvements, and monitor progress toward achieving intended outcomes.  Specific duties include but are not limited to:

 

(1) managing a sustainability metrics and reporting system, including a public dashboard that allows Minnesotans to track progress;

 

(2) assisting agencies in developing and executing sustainability plans; and

 

(3) publishing an annual report.

 

Subd. 2.  Local governments.  The Office of Enterprise Sustainability shall make reasonable attempts to share tools and best practices with local governments.


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Sec. 13.  [16B.90] WEBSITE ACCESSIBILITY GRANTS; ADVISORY COUNCIL.

 

Subdivision 1.  Grant program established.  A website accessibility grant program is established.  Within available appropriations, grants must be awarded by the commissioner to local governments to improve the accessibility of local government websites for persons with disabilities.

 

Subd. 2.  Website Accessibility Grant Advisory Council.  (a) A Website Accessibility Grant Advisory Council is established.  The purpose of the advisory council is to assist the commissioner in awarding grants under subdivision 1.  The advisory council consists of the following members:

 

(1) one representative of the League of Minnesota Cities, appointed by the league;

 

(2) one representative of the Association of Minnesota Counties, appointed by the association;

 

(3) one representative of the Minnesota Council on Disability, appointed by the council;

 

(4) one member of the public who is a self-advocate, appointed by the governor; and

 

(5) the state chief information officer, or a designee.

 

(b) The terms, compensation, and removal of members is governed by section 15.059.  The council must elect a chair from among its members.

 

(c) The advisory council is subject to chapter 13D.  The council must meet at the request of the commissioner or the chair, but no fewer than two times per year to fulfill its duties.  The commissioner must provide meeting space and other administrative assistance to support the work of the council.

 

(d) The council must review applications from local governments for grant funding to support website accessibility projects and to make recommendations to the commissioner for the award of grants.  The commissioner may not award a grant unless it has been reviewed by the advisory council.  Consistent with the policies and procedures established by the commissioner under sections 16B.97 and 16B.98, the council must establish uniform, objective criteria to be used in evaluating grant applications.  The criteria must include standards to ensure grant funding is distributed equitably across the state, and that grant funds are available without regard to a local government's population size.

 

Subd. 3.  Report to legislature.  No later than January 15, 2020, and annually thereafter, the commissioner must submit a report to the chairs and ranking minority members of the legislative committees with jurisdiction over state government finance and local government detailing the grants awarded under this section, including the number of grant applications received, the number of grants awarded, the geographic distribution of grant applications and awards, and the amount of each grant awarded and how it was used.

 

Sec. 14.  [16C.0531] PROHIBITING STATE CONTRACTS WITH STATE SPONSORS OF TERRORISM AND FOREIGN TERRORIST ORGANIZATIONS.

 

(a) A state contract for goods or services must require the vendor to certify that the vendor is not currently engaged in, and agrees for the duration of the contract not to engage in, business with countries designated as state sponsors of terrorism by the State Department and groups designated by the United States Secretary of State as foreign terrorist organizations.  This section applies to all state agencies, including the Minnesota State Colleges and Universities and to contracts entered into by entities in the legislative branch.


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(b) The commissioners of the Department of Administration and Minnesota Management and Budget shall exercise appropriate due diligence in selecting vendors for goods or services to avert contracting with countries designated as state sponsors of terrorism and groups designated as foreign terrorist organizations or with vendors who do business with countries designated as state sponsors of terrorism and groups designated as foreign terrorist organizations.  The commissioners shall implement measures designed to meet the objective of this section and take the steps necessary to confirm that vendors have satisfied the requirement of this section.

 

Sec. 15.  Minnesota Statutes 2018, section 16C.055, subdivision 2, is amended to read:

 

Subd. 2.  Restriction.  An agency may not enter into a contract or otherwise agree with a nongovernmental entity to receive total nonmonetary consideration valued at more than $100,000 annually in exchange for the agency providing nonmonetary consideration, unless such an agreement is specifically authorized by law.  This subdivision does not apply to the State Lottery, state-owned optical fiber, or private aquaculture businesses involved in state stocking contracts.

 

Sec. 16.  [16C.067] CONFLICT-FREE MINERALS.

 

Subdivision 1.  Definitions.  (a) The following terms have the meanings given them.

 

(b) "Conflict mineral" means a mineral or mineral derivative determined under federal law to be financing human conflict.  Conflict mineral includes columbite-tantalite (coltan), cassiterite, gold, wolframite, or derivatives of those minerals.

 

(c) "Noncompliant person" means a person:

 

(1) who is required to disclose under federal law information relating to conflict minerals that originated in the Democratic Republic of the Congo or its neighboring countries; and

 

(2) for whom the disclosure is not filed, is considered under federal law to be an unreliable determination, or contains false information.

 

Subd. 2.  Compliance.  By execution of a state contract to provide goods or services, a vendor attests that it is not a noncompliant person and is in compliance with the required disclosures under federal law related to conflict minerals.

 

Subd. 3.  Exemption; commissioner may waive.  (a) This section does not apply to contracts with a value of less than $100,000.

 

(b) The commissioner may waive application of this section in a contract if the commissioner determines that compliance is not practicable or in the best interest of the state.

 

Subd. 4.  Notice.  In any solicitation for supplies or services, a commissioner shall provide notice of the requirements of this section.

 

EFFECTIVE DATE.  This section is effective July 1, 2019, and applies to solicitations issued on or after that date.

 

Sec. 17.  Minnesota Statutes 2018, section 16C.10, subdivision 2, is amended to read:

 

Subd. 2.  Emergency acquisition.  The solicitation process described in this chapter and chapter 16B is not required in emergencies.  In emergencies, the commissioner may make or authorize any purchases necessary for the design, construction, repair, rehabilitation, and improvement of a state-owned publicly owned structure or may make or authorize an agency to do so and may purchase, or may authorize an agency to purchase, any purchases of goods, services, or utility services directly for immediate use.


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Sec. 18.  Minnesota Statutes 2018, 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 or, if authorized by the commissioner, by a nationally recognized certifying organization.  The commissioner may choose to authorize a nationally recognized certifying organization if the certification requirements are substantially the same as those adopted under the rules authorized in this section and the business meets the requirements in section 16C.16, subdivision 2.

 

(b) 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) (c) 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) (d) 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.

 

(d) (e) Notwithstanding paragraph (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) (f) 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) (g) 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.

 

(g) (h) The commissioner may adopt rules to implement the programs under section 16C.16, subdivisions 4 to 7, using the expedited rulemaking process in section 14.389.


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Sec. 19.  Minnesota Statutes 2018, section 16C.251, is amended to read:

 

16C.251 BEST AND FINAL OFFER.

 

A "best and final offer" solicitation process may not be used for building and construction contracts awarded based on competitive bids.

 

Sec. 20.  Minnesota Statutes 2018, section 16E.03, subdivision 1, is amended to read:

 

Subdivision 1.  Definitions.  (a) For the purposes of this chapter, the following terms have the meanings given them.

 

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

 

(c) "Information and telecommunications technology project" means an effort to acquire or produce information and telecommunications technology systems and services.

 

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

 

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

 

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

 

(g) "Total expected project cost" includes direct staff costs, all supplemental contract staff and vendor costs, and costs of hardware and software development or purchase.  Breaking a project into several phases does not affect the cost threshold, which must be computed based on the full cost of all phases.

 

(h) "Cloud computing" has the meaning described by the National Institute of Standards and Technology of the United States Department of Commerce in special publication 800-145, September 2011.

 

Sec. 21.  Minnesota Statutes 2018, section 16E.03, is amended by adding a subdivision to read:

 

Subd. 4a.  Cloud computing services.  The project evaluation procedure required by subdivision 4 must include a review of cloud computing service options, including any security benefits and cost savings associated with purchasing those service options from a cloud computing service provider. 

 

Sec. 22.  Minnesota Statutes 2018, section 16E.03, is amended by adding a subdivision to read:

 

Subd. 11.  Technical support to the legislature.  The chief information officer, or a designee, must provide technical support to assist the legislature to comply with accessibility standards under section 3.199, subdivision 2.  Support under this subdivision must include:

 

(1) clarifying the requirements of the accessibility standards;


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(2) providing templates for common software applications used in developing documents used by the legislature;

 

(3) assisting the development of training for staff to comply with the accessibility standards and assisting in providing the training; and

 

(4) assisting the development of technical applications that enable legislative documents to be fully accessible.

 

The chief information officer must provide these services at no cost to the legislature.

 

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

 

Sec. 23.  [16E.031] USER ACCEPTANCE TESTING.

 

Subdivision 1.  Applicability.  As used in this section:

 

(1) "primary user" means an employee or agent of a state agency or local unit of government who uses an information technology business software application to perform an official function; and

 

(2) "local unit of government" does not include a school district.

 

Subd. 2.  User acceptance testing.  (a) A state agency implementing a new information technology business software application or new business software application functionality that significantly impacts the operations of a primary user must provide opportunities for user acceptance testing, unless the testing is deemed not feasible or necessary by the relevant agency commissioner, in consultation with the chief information officer and representatives of the primary user.

 

(b) The requirements in paragraph (a) do not apply to routine software upgrades or application changes that are primarily intended to comply with federal law, rules, or regulations.

 

Sec. 24.  Minnesota Statutes 2018, section 138.081, is amended to read:

 

138.081 FEDERAL FUNDS, ACTS.

 

Subdivision 1.  Department of Administration as agency to accept federal funds.  The Department of Administration is hereby designated the state agency with power to accept any and all money provided for or made available to this state by the United States of America or any department or agency thereof for surveys, restoration, construction, equipping, or other purposes relating to the State Historic sites Preservation Program in accordance with the provisions of federal law and any rules or regulations promulgated thereunder and are further authorized to do any and all things required of this state by such federal law and the rules and regulations promulgated thereunder in order to obtain such federal money.

 

Subd. 2.  Commissioner's responsibilities.  The commissioner as the state historic preservation officer shall be responsible for the preparation, implementation and administration of the State Historic Preservation Plan and shall administer the State Historic Preservation Program authorized by the National Historic Preservation Act (United States Code, title 16 54, section 470 300101 et seq. as amended).  The commissioner shall review and approve in writing all grants-in-aid for architectural, archaeological and historic preservation made by state agencies and funded by the state or a combination of state and federal funds in accordance with the State Historic Preservation Program.


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Subd. 3.  Administration of federal act.  The Department of Administration Minnesota Historical Society is designated as the state agency to administer the provisions of the federal act providing for the preservation of historical and archaeological data, United States Code, title 16 54, sections 469 to 469C section 312501, as amended, insofar as the provisions of the act provide for implementation by the state.

 

Sec. 25.  Minnesota Statutes 2018, section 138.31, is amended by adding a subdivision to read:

 

Subd. 13a.  State Historic Preservation Office.  "State Historic Preservation Office" means the State Historic Preservation Office at the Department of Administration.

 

Sec. 26.  Minnesota Statutes 2018, section 138.34, is amended to read:

 

138.34 ADMINISTRATION OF THE ACT.

 

The state archaeologist shall act as the agent of the state to administer and enforce the provisions of sections 138.31 to 138.42.  Some enforcement provisions are shared with the society and the State Historic Preservation Office.

 

Sec. 27.  Minnesota Statutes 2018, section 138.40, is amended to read:

 

138.40 COOPERATION OF STATE AGENCIES; DEVELOPMENT PLANS.

 

Subdivision 1.  Cooperation.  The Department of Natural Resources, the Department of Transportation, and all other state agencies whose activities may be affected, shall cooperate with the historical society, the State Historic Preservation Office, and the state archaeologist to carry out the provisions of sections 138.31 to 138.42 and the rules issued thereunder, but sections 138.31 to 138.42 are not meant to burden persons who wish to use state property for recreational and other lawful purposes or to unnecessarily restrict the use of state property.

 

Subd. 2.  Compliance, enforcement, preservation.  State and other governmental agencies shall comply with and aid in the enforcement of provisions of sections 138.31 to 138.42.  Conservation officers and other enforcement officers of the Department of Natural Resources shall enforce the provisions of sections 138.31 to 138.42 and report violations to the director of the society state archeologist.  When archaeological or historic sites are known or, based on scientific investigations are predicted to exist on public lands or waters, the agency or department controlling said lands or waters shall use the professional services of archaeologists from the University of Minnesota, Minnesota Historical Society, or other qualified professional archaeologists, to preserve these sites.  In the event that archaeological excavation is required to protect or preserve these sites, state and other governmental agencies may use their funds for such activities.

 

Subd. 3.  Review of plans.  When significant archaeological or historic sites are known or, based on scientific investigations, are predicted to exist on public lands or waters, the agency or department controlling said lands or waters shall submit construction or development plans to the state archaeologist and the director of the society State Historic Preservation Office for review prior to the time bids are advertised.  The state archaeologist and the society State Historic Preservation Office shall promptly review such plans and within 30 days of receiving the plans shall make recommendations for the preservation of archaeological or historic sites which may be endangered by construction or development activities.  When archaeological or historic sites are related to Indian history or religion, the state archaeologist shall submit the plans to the Indian Affairs Council for the council's review and recommend action.


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Sec. 28.  Minnesota Statutes 2018, section 138.665, subdivision 2, is amended to read:

 

Subd. 2.  Mediation Review process.  The state, state departments, agencies, and political subdivisions, including the Board of Regents of the University of Minnesota, have a responsibility to protect the physical features and historic character of properties designated in sections 138.662 and 138.664 or listed on the National Register of Historic Places created by Public Law 89-665.  Before carrying out any undertaking that will affect designated or listed properties, or funding or licensing an undertaking by other parties, the state department or agency shall consult with the State Historic Preservation Office pursuant to the society's the State Historic Preservation Office's established procedures to determine appropriate treatments and to seek ways to avoid and mitigate any adverse effects on designated or listed properties.  If the state department or agency and the State Historic Preservation Office agree in writing on a suitable course of action, the project may proceed.  If the parties cannot agree, any one of the parties may request that the governor appoint and convene a mediation task force consisting of five members, two appointed by the governor, the chair of the State Review Board of the State Historic Preservation Office, the commissioner of administration or the commissioner's designee, and one member who is not an employee of the Minnesota Historical Society appointed by the director of the Minnesota Historical Society.  The two appointees of the governor and the one of the director of the society shall be qualified by training or experience in one or more of the following disciplines:  (1) history; (2) archaeology; and (3) architectural history.  The mediation task force is not subject to the conditions of section 15.059.  This subdivision does not apply to section 138.662, subdivision 24, and section 138.664, subdivisions 8 and 111.

 

Sec. 29.  Minnesota Statutes 2018, section 138.666, is amended to read:

 

138.666 COOPERATION.

 

The state, state departments and agencies, political subdivisions, and the Board of Regents of the University of Minnesota shall cooperate with the Minnesota Historical Society and the State Historic Preservation Office in safeguarding state historic sites and in the preservation of historic and archaeological properties.

 

Sec. 30.  Minnesota Statutes 2018, section 138.667, is amended to read:

 

138.667 HISTORIC PROPERTIES; CHANGES.

 

Properties designated as historic properties by sections 138.661 to 138.664 may be changed from time to time, and the Minnesota Historical Society and the State Historic Preservation Office shall notify the legislature of the need for changes, and shall make recommendations to keep the state historic sites network and the state register of historic places current and complete.  The significance of properties proposed for designation under section 138.663, subdivision 2, shall be documented under the documentation standards established by the Minnesota Historical Society State Historic Preservation Office.  This Documentation shall include the opinion of the Minnesota Historical Society for the historic sites network under section 138.661, subdivision 3, or the State Historic Preservation Office for the state register of historic places under section 138.663, subdivision 2, as to whether the property meets the selection criteria.

 

Sec. 31.  Minnesota Statutes 2018, section 138.763, subdivision 1, is amended to read:

 

Subdivision 1.  Membership.  There is a St. Anthony Falls Heritage Board consisting of 22 members with the director of the Minnesota Historical Society as chair.  The members include the mayor; the chair of the Hennepin County Board of Commissioners or the chair's designee; the president of the Minneapolis Park and Recreation Board or the president's designee; the superintendent of the park board; two members each from the house of representatives appointed by the speaker, the senate appointed by the Rules Committee, the city council, the Hennepin County Board, and the park board; one member each from the preservation commission, the State Historic Preservation Office, Hennepin County Historical Society, and the society; one person appointed by the park board; and two persons appointed by the chair of the board.


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Sec. 32.  Minnesota Statutes 2018, section 155A.25, subdivision 1a, is amended to read:

 

Subd. 1a.  Schedule.  (a) The schedule for fees and penalties is as provided in this subdivision.

 

(b) Three-year license fees are as follows:

 

(1) $195 initial practitioner, manager, or instructor license, divided as follows:

 

(i) $155 for each initial license; and

 

(ii) $40 for each initial license application fee;

 

(2) $115 renewal of practitioner license, divided as follows:

 

(i) $100 for each renewal license; and

 

(ii) $15 for each renewal application fee;

 

(3) $145 renewal of manager or instructor license, divided as follows:

 

(i) $130 for each renewal license; and

 

(ii) $15 for each renewal application fee;

 

(4) $350 initial salon license, divided as follows:

 

(i) $250 for each initial license; and

 

(ii) $100 for each initial license application fee;

 

(5) $225 renewal of salon license, divided as follows:

 

(i) $175 for each renewal; and

 

(ii) $50 for each renewal application fee;

 

(6) $4,000 initial school license, divided as follows:

 

(i) $3,000 for each initial license; and

 

(ii) $1,000 for each initial license application fee; and

 

(7) $2,500 renewal of school license, divided as follows:

 

(i) $2,000 for each renewal; and

 

(ii) $500 for each renewal application fee.

 

(c) Penalties may be assessed in amounts up to the following:

 

(1) reinspection fee, $150;


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(2) manager and owner with expired practitioner found on inspection, $150 each;

 

(3) expired practitioner or instructor found on inspection, $200;

 

(4) expired salon found on inspection, $500;

 

(5) expired school found on inspection, $1,000;

 

(6) failure to display current license, $100;

 

(7) failure to dispose of single-use equipment, implements, or materials as provided under section 155A.355, subdivision 1, $500;

 

(8) use of prohibited razor-type callus shavers, rasps, or graters under section 155A.355, subdivision 2, $500;

 

(9) performing nail or cosmetology services in esthetician salon, or performing esthetician or cosmetology services in a nail salon, $500;

 

(10) owner and manager allowing an operator to work as an independent contractor, $200;

 

(11) operator working as an independent contractor, $100;

 

(12) refusal or failure to cooperate with an inspection, $500;

 

(13) practitioner late renewal fee, $45; and

 

(14) salon or school late renewal fee, $50.

 

(d) Administrative fees are as follows:

 

(1) homebound service permit, $50 three-year fee;

 

(2) name change, $20;

 

(3) certification of licensure, $30 each;

 

(4) duplicate license, $20;

 

(5) special event permit, $75 per year;

 

(6) registration of hair braiders, $20 per year;

 

(7) (6) $100 for each temporary military license for a cosmetologist, nail technician, esthetician, or advanced practice esthetician one-year fee;

 

(8) (7) expedited initial individual license, $150;

 

(9) (8) expedited initial salon license, $300;

 

(10) (9) instructor continuing education provider approval, $150 each year; and

 

(11) (10) practitioner continuing education provider approval, $150 each year.


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Sec. 33.  Minnesota Statutes 2018, section 155A.28, is amended by adding a subdivision to read:

 

Subd. 5.  Hair braiders exempt.  The practice of hair braiding is exempt from the requirements of this chapter.

 

Sec. 34.  Minnesota Statutes 2018, section 240.01, is amended by adding a subdivision to read:

 

Subd. 18a.  Racing or gaming-related vendor.  "Racing or gaming-related vendor" means any person or entity that manufactures, sells, provides, distributes, repairs or maintains equipment or supplies used at a Class A facility, or provides services to a Class A facility or Class B license holder that are directly related to the running of a horse race, simulcasting, pari-mutuel betting, or card playing.

 

Sec. 35.  Minnesota Statutes 2018, section 240.02, subdivision 2, is amended to read:

 

Subd. 2.  Qualifications.  A member of the commission must have been a resident of Minnesota for at least five years before appointment, and must have a background and experience as would qualify for membership on the commission.  A member must, before taking a place on the commission, file a bond in the principal sum of $100,000 payable to the state, conditioned upon the faithful performance of duties.  No commissioner, nor any member of the commissioner's immediate family residing in the same household, may hold a license issued by the commission or have a direct or indirect financial interest in a corporation, partnership, or association which holds a license issued by the commission.

 

Sec. 36.  Minnesota Statutes 2018, section 240.02, subdivision 6, is amended to read:

 

Subd. 6.  Annual Biennial report.  The commission shall on February 15 of each odd-numbered year submit a report to the governor and legislature on its activities, organizational structure, receipts and disbursements, including specific detail on the use of amounts statutorily appropriated to the commission under this chapter, and recommendations for changes in the laws relating to racing and pari-mutuel betting.

 

Sec. 37.  Minnesota Statutes 2018, section 240.08, subdivision 5, is amended to read:

 

Subd. 5.  Revocation and suspension.  (a) After providing a licensee with notice and an opportunity to be heard, the commission may:

 

(1) 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.; or

 

The commission may (2) suspend a class C license for up to one year five years for a violation of law, order or rule.  If the license expires during the term of suspension, the licensee shall be ineligible to apply for another license from the commission until the expiration of the term of suspension.

 

(b) The commission may delegate to its designated agents the authority to impose suspensions of class C licenses, and.

 

(c) Except as provided in paragraph (d), 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. 


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(d) If the commission revokes or suspends a class C license for more than one year, the licensee has the right to appeal by requesting a contested case hearing under chapter 14.  The request must be made in writing and sent to the commission by certified mail or personal service.  A request sent by certified mail must be postmarked within ten days after the licensee receives the order of revocation or suspension from the commission.  A request sent by personal service must be received by the commission within ten days after the licensee receives the order of revocation or suspension from the commission.

 

(e) The commission may summarily suspend a license for more than up to 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 30 days of the summary suspension and the administrative law judge's report must be issued within 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.  The licensee has the right to appeal a summary suspension to the commission according to its rules.

 

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

 

Sec. 38.  Minnesota Statutes 2018, section 240.10, is amended to read:

 

240.10 LICENSE FEES.

 

(a) 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.  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.

 

(b) The commission shall by rule establish an annual license fee for each occupation it licenses under section 240.08.

 

(c) The initial annual license application fee for a class C license to provide advance deposit wagering on horse racing under this chapter is $10,000 and an annual license fee of $2,500 applies thereafter.

 

(d) Notwithstanding section 16A.1283, the commission shall by rule establish an annual license fee for each type of racing or gaming-related vendor it licenses, not to exceed $2,500.

 

Sec. 39.  Minnesota Statutes 2018, section 240.12, is amended to read:

 

240.12 LICENSE AGREEMENTS.

 

The commission may enter into agreements or compacts with comparable bodies in other racing jurisdictions for the mutual recognition of occupational licenses issued by each body.  The commission may by rule provide for and may charge a fee for the registration of each license issued in another jurisdiction.

 

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

 

Sec. 40.  Minnesota Statutes 2018, 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, including breakage, 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 reviewed by the commission for compliance with this subdivision:

 

(1) for live races conducted at a class A facility, 8.4 percent of handle;


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(2) for simulcasts conducted any day a class A facility is licensed, not less than 37 percent of the takeout amount 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.

 

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.

 

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 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.  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 or may be paid from breakage retained by the licensee from live or simulcast wagering as agreed between the licensee and horsepersons' 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.  The contract must be in writing and reviewed by the commission for compliance with this subdivision.

 

(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 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 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 by the breed organizations participating in the live mixed meet.  The agreement shall be in writing and filed with reviewed by the commission for compliance with this subdivision prior to the first day of the live mixed meet.  In the absence of a written agreement filed with reviewed by 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.

 

(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.  The contract must be in writing and reviewed by the commission for compliance with this subdivision.

 

(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.

 

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


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Sec. 41.  Minnesota Statutes 2018, section 240.131, subdivision 7, is amended to read:

 

Subd. 7.  Payments to state.  (a) A regulatory fee is imposed at the rate of one percent of all amounts wagered by Minnesota residents with an authorized advance deposit wagering provider.  The fee shall be declared on a form prescribed by the commission.  The ADW provider must pay the fee to the commission no more than seven 15 days after the end of the month in which the wager was made.  Fees collected under this paragraph must be deposited in the state treasury and credited to a racing and card-playing regulation account in the special revenue fund and are appropriated to the commission to offset the costs associated with regulating horse racing and pari-mutuel wagering in Minnesota.

 

(b) A breeders fund fee is imposed in the amount of one-quarter of one percent of all amounts wagered by Minnesota residents with an authorized advance deposit wagering provider.  The fee shall be declared on a form prescribed by the commission.  The ADW provider must pay the fee to the commission no more than seven 15 days after the end of the month in which the wager was made.  Fees collected under this paragraph must be deposited in the state treasury and credited to a racing and card-playing regulation account in the special revenue fund and are appropriated to the commission to offset the cost of administering the breeders fund and promote horse breeding in Minnesota.

 

Sec. 42.  Minnesota Statutes 2018, 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.

 

(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 reviewed by the commission for compliance with this section.  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. 43.  Minnesota Statutes 2018, 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, except as provided otherwise by section 240.131, all money received from license fees, regulatory 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 simulcasts must


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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 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.  If a fiscal biennium ends without the enactment of an appropriation to the commission for the following biennium, receipts in this account are annually appropriated to the commission for the operations of the commission up to the amount authorized in the second year of the most recently enacted biennial appropriation, until a biennial appropriation is enacted.

 

Sec. 44.  Minnesota Statutes 2018, section 240.155, subdivision 1, is amended to read:

 

Subdivision 1.  Reimbursement account credit.  Money received by the commission as reimbursement for the costs of services provided by veterinarians, stewards, and medical testing of horses, and fees received by the commission in the form of fees for regulatory services must be deposited in the state treasury and credited to a racing reimbursement account in the special revenue fund, except as provided under subdivision 2.  Receipts are appropriated, within the meaning of Article XI, section 1, of the Minnesota Constitution, to the commission to pay the costs of providing the services and all other costs necessary to allow the commission to fulfill its regulatory oversight duties required by chapter 240 and commission rule.  If the major appropriation bills needed to finance state government are not enacted by the beginning of a fiscal biennium, the commission shall continue operations as required by chapter 240 and commission rule.

 

Sec. 45.  [240.1561] APPROPRIATION FOR FUNCTIONS SUPPORTING ONGOING OPERATION OF THE RACING COMMISSION.

 

If, by July 1 of an odd-numbered year, legislation has not been enacted to appropriate money for the next biennium to the commissioner of management and budget for central accounting, procurement, payroll, and human resources functions, amounts necessary to operate those functions associated with operation of the Racing Commission under chapter 240 are appropriated for the next biennium from the general fund to the commissioner of management and budget.  As necessary, the commissioner may transfer a portion of this appropriation to other state agencies to support carrying out these functions.  Any subsequent appropriation to the commissioner of management and budget for a biennium in which this section has been applied shall supersede and replace the funding authorized in this section.

 

Sec. 46.  Minnesota Statutes 2018, 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:

 

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

 

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

 

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


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(4) to impose on licensees, for violation of law or commission rules, fines not exceeding $5,000 and license suspensions not exceeding 90 days of up to $10,000, suspensions of up to one year, and other sanctions as delegated by the commission or permitted under its rules;

 

(5) to recommend to the commission where warranted penalties in excess of those in clause (4);

 

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

 

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

 

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

 

Sec. 47.  Minnesota Statutes 2018, section 240.16, subdivision 2, is amended to read:

 

Subd. 2.  Appeals; hearings.  Except as provided by section 240.08, subdivision 5, a ruling of a board of stewards may be appealed to the commission or be reviewed by it.  The commission may review any ruling by the board of stewards on its own initiative.  The commission may provide for appeals to be heard by less than a quorum of the commission.  A hearing on a penalty imposed by a board of stewards must be granted on request.

 

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

 

Sec. 48.  Minnesota Statutes 2018, section 240.18, subdivision 2, is amended to read:

 

Subd. 2.  Thoroughbred and quarterhorse categories.  (a) With respect to available money apportioned in the thoroughbred and quarterhorse categories, 20 percent must be expended as follows:

 

(1) at least one-half in the form of grants, contracts, or expenditures for equine research and related education at the University of Minnesota School of Veterinary Medicine public institutions of postsecondary learning in the state; and

 

(2) the balance in the form of grants, contracts, or expenditures for one or more of the following:

 

(i) additional equine research and related education;

 

(ii) substance abuse programs for licensed personnel at racetracks in this state; and

 

(iii) promotion and public information regarding industry and commission activities; racehorse breeding, ownership, and management; and development and expansion of economic benefits from racing.

 

(b) As a condition of a grant, contract, or expenditure under paragraph (a), the commission shall require an annual report from the recipient on the use of the funds to the commission, the chair of the house of representatives Committee on General Legislation, Veterans Affairs, and Gaming, and the chair of the senate committee on Gaming Regulation.

 

(c) The commission shall include in its annual biennial report a summary of each grant, contract, or expenditure under paragraph (a), clause (2), and a description of how the commission has coordinated activities among recipients to ensure the most efficient and effective use of funds.

 

(d) After deducting the amount for paragraph (a), the balance of the available proceeds in each category may be expended by the commission to:


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(1) supplement purses for races held exclusively for Minnesota-bred or Minnesota-foaled horses, and supplement purses for Minnesota-bred or Minnesota-foaled horses racing in nonrestricted races in that category;

 

(2) pay breeders' or owners' awards to the breeders or owners of Minnesota-bred horses in that category which win money at licensed pari-mutuel racetracks in the state licensed by any state or province; and

 

(3) provide other financial incentives to encourage the horse breeding industry in Minnesota.

 

Sec. 49.  Minnesota Statutes 2018, section 240.18, subdivision 3, is amended to read:

 

Subd. 3.  Standardbred category.  (a) With respect to the available money apportioned in the standardbred category, 20 percent must be expended as follows:

 

(1) one-half of that amount to supplement purses for standardbreds at non-pari-mutuel racetracks in the state; and

 

(2) one-fourth of that amount for the development of non-pari-mutuel standardbred tracks in the state; and

 

(3) one-fourth (2) one-half of that amount as grants for equine research and related education at public institutions of postsecondary learning in the state.

 

(b) After deducting the amount for paragraph (a), the balance of the available proceeds in the standardbred category must be expended by the commission to:

 

(1) supplement purses for races held exclusively for Minnesota-bred and Minnesota-foaled standardbreds;

 

(2) pay breeders or owners awards to the breeders or owners of Minnesota-bred standardbreds which win money at licensed racetracks in the state; and

 

(3) provide other financial incentives to encourage the horse breeding industry in Minnesota.

 

Sec. 50.  Minnesota Statutes 2018, section 240.22, is amended to read:

 

240.22 FINES.

 

(a) The commission shall by rule establish a schedule of civil fines of up to $50,000 for a class C licensee and up to $200,000 for a class A, B, or D licensee for violations of laws related to horse racing or of the commission's rules.  The schedule must 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.  Except as provided in paragraph (b), fines may be appealed to the commission according to its rules.  Fines imposed by the commission must be paid to the commission and except as provided in paragraph (c), forwarded to the commissioner of management and budget for deposit in the state treasury and credited to a racing and card-playing regulation account in the special revenue fund and appropriated to the commission to distribute in the form of grants, contracts, or expenditures to support racehorse adoption, retirement, and repurposing.

 

(b) If the commission issues a fine in excess of $5,000 $10,000, the license holder has the right to request a contested case hearing under chapter 14, to be held as set forth in Minnesota Rules, chapter 1400.  The appeal of a fine must be made in writing to the commission by certified mail or personal service.  An appeal sent by certified mail must be postmarked within ten days after the license holder receives the fine order from the commission.  An appeal sent by personal service must be received by the commission within ten days after the license holder receives the fine order from the commission.


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(c) 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 the day following final enactment.

 

Sec. 51.  Minnesota Statutes 2018, section 240.27, is amended to read:

 

240.27 EXCLUSION OF CERTAIN PERSONS.

 

Subdivision 1.  Persons excluded.  The commission may exclude from any and all licensed racetracks in the state a person who:

 

(1) has been convicted of a felony under the laws of any state or the United States;

 

(2) has had a license suspended, revoked, or denied by the commission or by the racing authority of any other jurisdiction; or

 

(3) is determined by the commission, on the basis of evidence presented to it, to be a threat to the public safety or the integrity of racing or card playing in Minnesota.

 

Subd. 2.  Hearing; appeal.  An order to exclude a an unlicensed person from any or all licensed racetracks in the state must be made by the commission at following a public hearing of which the person to be excluded must have had at least five days' notice.  If present at the hearing, the person must be permitted to show cause why the exclusion should not be ordered.  An appeal of the order may be made in the same manner as other appeals under section 240.20.

 

Subd. 3.  Notice to racetracks.  Upon issuing an order excluding a person from any or all licensed racetracks, the commission shall send a copy of the order to the excluded person and to all racetracks or teleracing facilities named in it, along with other information as it deems necessary to permit compliance with the order.

 

Subd. 4.  Prohibitions.  It is a gross misdemeanor for a person named in an exclusion order to enter, attempt to enter, or be on the premises of a racetrack named in the order while it is in effect, and for a person licensed to conduct racing or operate a racetrack knowingly to permit an excluded person to enter or be on the premises.

 

Subd. 5.  Exclusions by racetrack.  The holder of a license to conduct racing may eject and exclude from its premises any licensee or any other person who is in violation of any state law or commission rule or order or who is a threat to racing integrity or the public safety.  A person so excluded from racetrack premises may appeal the exclusion to the commission and must be given a public hearing on the appeal upon request.  At the hearing the person must be given the opportunity to show cause why the exclusion should not have been ordered.  If the commission after the hearing finds that the integrity of racing and the public safety do not justify the exclusion, it shall order the racetrack making the exclusion to reinstate or readmit the person.  An appeal of a commission order upholding the exclusion is governed by section 240.20.  A licensed racetrack may eject and exclude from its premises any person for any lawful reason.  If a licensed racetrack excludes a person for a suspected or potential violation of law or rule, or if a licensed racetrack excludes any person for more than five days, the licensed racetrack shall provide the person's name and reason for the exclusion to the commission within 72 hours.


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Sec. 52.  Minnesota Statutes 2018, section 240.30, subdivision 9, is amended to read:

 

Subd. 9.  Reimbursement to commission.  The commission shall require that the licensee reimburse it for the commission's actual costs, including personnel costs, of regulating the card club.  Amounts received under this subdivision must be deposited as provided in section 240.155, subdivision 1, and are appropriated to the commission.

 

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

 

Sec. 53.  Minnesota Statutes 2018, section 240A.09, is amended to read:

 

240A.09 PLAN DEVELOPMENT; CRITERIA.

 

The Minnesota Amateur Sports Commission shall develop a plan to promote the development of proposals for new statewide public ice facilities including proposals for ice centers and matching grants based on the criteria in this section.

 

(a) For ice center proposals, the commission will give priority to proposals that come from more than one local government unit.  Institutions of higher education are not eligible to receive a grant.

 

(b) The commission must give priority to grant applications for indoor air quality improvements and projects that eliminate R-22.  For purposes of this section:

 

(1) "indoor air quality improvements" means:  (i) renovation or replacement of heating, ventilating, and air conditioning systems in existing indoor ice arenas whose ice resurfacing and ice edging equipment are not powered by electricity in order to reduce concentrations of carbon monoxide and nitrogen dioxide; and (ii) acquisition of zero-emission ice resurfacing and ice edging equipment.  The new or renovated systems may include continuous electronic air monitoring devices to automatically activate the ventilation systems when the concentration of carbon monoxide or nitrogen dioxide reaches a predetermined level; and

 

(2) "projects that eliminate R-22," means replacement of ice-making systems in existing public facilities that use R-22 as a refrigerant, with systems that use alternative non-ozone-depleting refrigerants.

 

(c) In the metropolitan area as defined in section 473.121, subdivision 2, the commission is encouraged to give priority to the following proposals:

 

(1) proposals for construction of two or more ice sheets in a single new facility;

 

(2) proposals for construction of an additional sheet of ice at an existing ice center;

 

(3) proposals for construction of a new, single sheet of ice as part of a sports complex with multiple sports facilities; and

 

(4) proposals for construction of a new, single sheet of ice that will be expanded to a two-sheet facility in the future.

 

(d) The commission shall administer a site selection process for the ice centers.  The commission shall invite proposals from cities or counties or consortia of cities.  A proposal for an ice center must include matching contributions including in-kind contributions of land, access roadways and access roadway improvements, and necessary utility services, landscaping, and parking.


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(e) Proposals for ice centers and matching grants must provide for meeting the demand for ice time for female groups by offering up to 50 percent of prime ice time, as needed, to female groups.  For purposes of this section, prime ice time means the hours of 4:00 p.m. to 10:00 p.m. Monday to Friday and 9:00 a.m. to 8:00 p.m. on Saturdays and Sundays.

 

(f) The location for all proposed facilities must be in areas of maximum demonstrated interest and must maximize accessibility to an arterial highway.

 

(g) To the extent possible, all proposed facilities must be dispersed equitably, must be located to maximize potential for full utilization and profitable operation, and must accommodate noncompetitive family and community skating for all ages.

 

(h) The commission may also use the money to upgrade current facilities, purchase girls' ice time, or conduct amateur women's hockey and other ice sport tournaments.

 

(i) To the extent possible, 50 percent of all grants must be awarded to communities in greater Minnesota.

 

(j) To the extent possible, technical assistance shall be provided to Minnesota communities by the commission on ice arena planning, design, and operation, including the marketing of ice time and on projects described in paragraph (b).

 

(k) A grant for new facilities may not exceed $250,000.

 

(l) The commission may make grants for rehabilitation and renovation.  A rehabilitation or renovation grant for air quality may not exceed $200,000 and a rehabilitation or renovation grant for R-22 elimination may not exceed $50,000 $250,000 for indirect cooling systems and may not exceed $400,000 $500,000 for direct cooling systems.  Priority must be given to grant applications for indoor air quality improvements, including zero emission ice resurfacing equipment, and for projects that eliminate R-22.

 

(m) Grant money may be used for ice centers designed for sports other than hockey.

 

(n) Grant money may be used to upgrade existing facilities to comply with the bleacher safety requirements of section 326B.112.

 

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

 

Sec. 54.  Minnesota Statutes 2018, section 307.08, is amended to read:

 

307.08 DAMAGES; ILLEGAL MOLESTATION OF HUMAN REMAINS; BURIALS; CEMETERIES; PENALTY; AUTHENTICATION ASSESSMENT.

 

Subdivision 1.  Legislative intent; scope.  It is a declaration and statement of legislative intent that all human burials, human remains, and human burial grounds cemeteries shall be accorded equal treatment and respect for human dignity without reference to their ethnic origins, cultural backgrounds, or religious affiliations.  The provisions of this section shall apply to all human burials, human remains, or human burial grounds cemeteries found on or in all public or private lands or waters in Minnesota.

 

Subd. 2.  Felony; gross misdemeanor.  (a) A person who intentionally, willfully, and knowingly does any of the following is guilty of a felony:

 

(1) destroys, mutilates, or injures human burials or human burial grounds cemetery, or associated grave goods; or


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(2) without the consent of the appropriate authority, disturbs human burial grounds a cemetery or removes human remains or associated grave goods.

 

(b) A person who, without the consent of the appropriate authority and the landowner, intentionally, willfully, and knowingly does any of the following is guilty of a gross misdemeanor:

 

(1) removes any tombstone, monument, or structure placed in any public or private cemetery or authenticated human burial ground assessed cemetery; or

 

(2) removes any fence, railing, or other work erected for protection or ornament, or any tree, shrub, or plant or grave goods and artifacts within the limits of a public or private cemetery or authenticated human burial ground; or

 

(3) discharges any firearms upon or over the grounds of any public or private cemetery or authenticated burial ground.

 

Subd. 3.  Protective posting.  Upon the agreement of the appropriate authority and the landowner, an authenticated or recorded human burial ground a cemetery may be posted for protective purposes every 75 feet around its perimeter with signs listing the activities prohibited by subdivision 2 and the penalty for violation of it.  Posting is at the discretion of the Indian affairs council in the case of American Indian burials cemeteries or at the discretion of the state archaeologist in the case of non-Indian burials non-American Indian cemeteries.  This subdivision does not require posting of a burial ground cemetery.  The size, description, location, and information on the signs used for protective posting must be approved by the appropriate authority and the landowner.

 

Subd. 3a.  Authentication Cemeteries; records and condition assessments.  The state archaeologist shall authenticate all burial grounds for purposes of this section.  The state archaeologist may retain the services of a qualified professional archaeologist, a qualified physical anthropologist, or other appropriate experts for the purpose of gathering information that the state archaeologist can use to authenticate or identify burial grounds.  If probable Indian burial grounds are to be disturbed or probable Indian remains analyzed, the Indian Affairs Council must approve the professional archaeologist, qualified anthropologist, or other appropriate expert.  Authentication is at the discretion of the state archaeologist based on the needs identified in this section or upon request by an agency, a landowner, or other appropriate authority.  (a) Cemeteries shall be assessed according to this subdivision.

 

(b) The state archaeologist shall implement and maintain a system of records identifying the location of known, recorded, or suspected cemeteries.  The state archaeologist shall provide access to the records as provided in subdivision 11.

 

(c) The cemetery condition assessment of non-American Indian cemeteries is at the discretion of the state archaeologist based on the needs identified in this section or upon request by an agency, a landowner, or other appropriate authority.

 

(d) The cemetery condition assessment of American Indian cemeteries is at the discretion of the Indian Affairs Council based on the needs identified in this section or upon request by an agency, a landowner, or other appropriate authority.

 

(e) The cemetery condition assessment of cemeteries that include American Indian and non-American Indian remains or include remains whose ancestry cannot be determined shall be assessed at the discretion of the state archaeologist in collaboration with the Indian Affairs Council based on the needs identified in this section or upon request by an agency, a landowner, or other appropriate authority.


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(f) The state archaeologist and the Indian Affairs Council shall have 90 days from the date a request is received to conduct a cemetery condition assessment or provide notice to the requester whether or not a condition assessment of a cemetery is needed.

 

(g) The state archaeologist and the Indian Affairs Council may retain the services of a qualified professional archaeologist, a qualified forensic anthropologist, or other appropriate experts for the purpose of gathering information that the state archaeologist or the Indian Affairs Council can use to assess or identify cemeteries.

 

Subd. 5.  Cost; use of data.  The cost of authentication condition assessment, recording, surveying, and marking burial grounds cemeteries and the cost of identification, analysis, rescue, and reburial of human remains on public lands or waters shall be the responsibility of the state or political subdivision controlling the lands or waters.  On private lands or waters these costs shall be borne by the state, but may be borne by the landowner upon mutual agreement with the state.  The state archaeologist must make the data collected for this activity available using standards adopted by the Office of MN.IT Services and geospatial technology standards and guidelines published by the Minnesota Geospatial Information Office.  Costs associated with this data delivery must be borne by the state.

 

Subd. 7.  Remains found outside of recorded cemeteries.  (a) All unidentified human remains or burials found outside of recorded cemeteries or unplatted graves or burials found within recorded cemeteries and in contexts which indicate antiquity greater than 50 years shall be treated with utmost respect for all human dignity and dealt with according to the provisions of this section.

 

(b) If deemed necessary for identification purposes by the Indian Affairs Council, removed remains shall be studied in a timely and respectful manner by appropriate experts designated by the Indian Affairs Council.

 

(c) If such the burials are not American Indian or their ethnic identity cannot be ascertained, as determined by the state archaeologist, they shall be dealt with in accordance with provisions established by the state archaeologist and other appropriate authority, as specified in subdivision 3a, paragraph (e).

 

(d) If such the burials are include American Indian remains, as determined by the state archaeologist, efforts shall be made by they must be dealt with as provided by the provisions of subdivision 3a, paragraph (d).  The state archaeologist and the Indian Affairs Council to shall ascertain their tribal identity.  If their probable tribal identity can be determined and the remains have been removed from their original context, such remains shall be turned over to contemporary tribal leaders for disposition. of the remains in consultation with appropriate experts designated by the Indian Affairs Council.

 

(e) If tribal identity of the remains cannot be determined, the American Indian remains must be dealt with in accordance with provisions established by the state archaeologist and the Indian Affairs Council if they are from public land.  If removed Indian remains are from private land they shall be dealt with in accordance with provisions established by the Indian Affairs Council.

 

If it is deemed desirable by the state archaeologist or the Indian Affairs Council, removed remains shall be studied in a timely and respectful manner by a qualified professional archaeologist or a qualified physical anthropologist before being delivered to tribal leaders or before being reburied. 

 

Subd. 7a.  Landowner responsibilities.  (a) Application by a landowner for permission to develop or disturb nonburial areas within authenticated an assessed or recorded burial grounds cemetery shall be made to the:

 

(1) to the state archaeologist and other appropriate authority in the case of non-Indian non-American Indian burials; and

 

(2) to the Indian Affairs Council and other appropriate authority in the case of American Indian burials. 


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(b) Landowners with authenticated known or suspected human burial grounds cemeteries on their property are obligated to inform prospective buyers of the burial ground cemetery.

 

Subd. 8.  Burial ground Cemetery relocation.  No non-Indian burial ground non-American Indian cemetery may be relocated without the consent of the appropriate authority.  No American Indian burial ground cemetery may be relocated unless the request to relocate is approved by the Indian Affairs Council.  When a burial ground cemetery is located on public lands or waters, any burial relocations must be duly licensed under section 138.36 and the cost of removal is the responsibility of and shall be paid by the state or political subdivision controlling the lands or waters.  If burial grounds cemeteries are authenticated assessed on private lands, efforts may be made by the state to purchase and protect them instead of removing them to another location.

 

Subd. 9.  Interagency cooperation.  (a) The state archaeologist and the Indian Affairs Council shall enter into a memorandum of understanding to coordinate their responsibilities under this section.

 

(b) The Department of Natural Resources, the Department of Transportation, and all other state agencies and local governmental units whose activities may be affected, shall cooperate with the state archaeologist and the Indian Affairs Council to carry out the provisions of this section.

 

Subd. 10.  Construction and development plan review.  When human burials are known or suspected to cemeteries exist, on public lands or waters, the state or political subdivision controlling the lands or waters or, in the case of private lands, the landowner or developer, shall submit construction and development plans to the state archaeologist for review prior to the time bids are advertised and prior to any disturbance within the burial area cemetery.  If the known or suspected burials are the cemetery is thought to be Indian American Indian, or the project is within 300 feet of American Indian cemeteries, American Indian burial features, historic American Indian villages, or historic American Indian cultural features, plans shall also be submitted to the Indian Affairs Council.  The state archaeologist and the Indian Affairs Council shall review the plans within 30 45 days of receipt and make recommendations for the preservation in place or removal of the human burials cemetery or remains, which may be endangered by construction or development activities.

 

Subd. 11.  Burial sites data.  (a) Burial sites locational and related data maintained by data under the authority of the Office of the State Archaeologist and accessible through the office's "Unplatted Burial Sites and Earthworks in Minnesota" website or Indian Affairs Council are security information for purposes of section 13.37.  Persons who gain access to the data maintained on the site this data are subject to liability under section 13.08 and the penalty established by section 13.09 if they improperly use or further disseminate the data.

 

(b) The Indian Affairs Council or state archaeologist may bring legal action to prosecute any violation of this subdivision.  A violation may be prosecuted by the city or county attorney or by the attorney general.

 

Subd. 12.  Right of entry.  The state archaeologist or designee may enter on property for the purpose of authenticating burial sites. identifying or assessing cemetery sites.  A designated representative of the Indian Affairs Council may enter on property, in collaboration with the state archaeologist, for the purpose of identifying or assessing American Indian cemeteries.  Only after obtaining permission from the property owner or lessee, descendants of persons buried in burial grounds cemeteries covered by this section may enter the burial grounds cemetery for the purpose of conducting religious or commemorative ceremonies.  This right of entry must not unreasonably burden property owners or unnecessarily restrict their use of the property.  The right of entry cannot be denied unless an unreasonable burden can be shown by the property owners.

 

Subd. 13.  Definitions.  As used in this section, the following terms have the meanings given.

 

(a) "Abandoned cemetery" means a cemetery where the cemetery association has disbanded or the cemetery is neglected and contains marked graves older than 50 years.


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(b) "Appropriate authority" means:

 

(1) the trustees when the trustees have been legally defined to administer burial grounds cemetery sites;

 

(2) the Indian Affairs Council in the case of American Indian burial grounds cemetery sites lacking trustees;

 

(3) the county board in the case of abandoned cemeteries under section 306.243; and

 

(4) the state archaeologist in the case of non-Indian burial grounds non-American Indian cemetery sites lacking trustees or not officially defined as abandoned.

 

(c) "Artifacts" means natural or artificial articles, objects, implements, or other items of archaeological interest.

 

(d) "Authenticate" "Assess" means to establish the presence of or high potential of human burials for a cemetery or human skeletal remains being located in a discrete area, delimit the boundaries of human burial grounds the cemetery or graves, and attempt to determine the ethnic, cultural, or religious affiliation of individuals interred.

 

(e) "Burial" means the organic remnants of the human body that were intentionally interred as part of a mortuary process.

 

(f) "Burial ground" means a discrete location that is known to contain or has high potential to contain human remains based on physical evidence, historical records, or reliable informant accounts.

 

(g) (f) "Cemetery" means a discrete location that is known to contain or intended to be used for the interment of human remains, or has high potential to contain human remains based on physical evidence, historical records, or reliable informant accounts.

 

(h) (g) "Disturb" means any activity that significantly harms the physical integrity or setting of a human burial or human burial ground cemetery.

 

(i) (h) "Grave goods" means objects or artifacts directly associated with human burials or human burial grounds cemeteries that were placed as part of a mortuary ritual at the time of interment.

 

(j) (i) "Human remains" means the calcified portion of the human body the body of a deceased person in whole or in parts, regardless of the state of decomposition, not including isolated teeth, or cremated remains deposited in a container or discrete feature.

 

(k) (j) "Identification" means to analyze organic materials to attempt to determine if they represent human remains and to attempt to establish the ethnic, cultural, or religious affiliations of such remains.

 

(k) "American Indian cemetery" means a discrete location that is known to contain or has a high potential to contain American Indian human remains based on physical evidence, historical records, or reliable informant accounts.

 

(l) "Marked" means a burial that has a recognizable tombstone or obvious grave marker in place or a legible sign identifying an area as a burial ground or cemetery.

 

(m) "Qualified physical forensic anthropologist" means a specialist in identifying human remains who holds an advanced degree in forensic anthropology or a closely related field.


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(n) "Qualified professional archaeologist" means an archaeologist who meets the United States Secretary of the Interior's professional qualification standards in Code of Federal Regulations, title 36, part 61, appendix A, or subsequent revisions.

 

(o) "Recorded cemetery" means a cemetery that has a surveyed plat filed in a county recorder's office.

 

(p) "State" or "the state" means the state of Minnesota or an agency or official of the state acting in an official capacity.

 

(q) "Trustees" means the recognized representatives of the original incorporators, board of directors, or cemetery association.

 

Sec. 55.  Minnesota Statutes 2018, section 326A.01, subdivision 2, is amended to read:

 

Subd. 2.  Attest.  "Attest" means providing any of the following services:

 

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

 

(2) an audit or other engagement performed in accordance with the Generally Accepted Government Auditing Standards (GAGAS);

 

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

 

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

 

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

 

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

 

Sec. 56.  Minnesota Statutes 2018, section 326A.04, subdivision 4, is amended to read:

 

Subd. 4.  Program of learning.  Each licensee shall participate in a program of learning designed to maintain professional competency.  The program of learning must comply with rules adopted by the board.  The board may by rule create an exception to this requirement for licensees who do not perform or offer to perform for the public one or more kinds of services involving the use of accounting or auditing skills, including issuance of reports on financial statements or of one or more kinds of:  attest or compilation engagements, management advisory services, financial advisory services, or consulting services, or the preparation of tax returns or the furnishing of advice on tax matters.  A licensee granted such an exception by the board must place the word "inactive" or "retired," if applicable, adjacent to the CPA title on any business card, letterhead, or any other document or device, with the exception of the licensee's certificate on which the CPA title appears.

 

Sec. 57.  Minnesota Statutes 2018, section 326A.04, subdivision 5, is amended to read:

 

Subd. 5.  Fee.  (a) The board shall charge a fee for each application for initial issuance or renewal of a certificate or temporary military certificate under this section as provided in paragraph (b).  The fee for the temporary military certificate is $100.


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(b) The board shall charge the following fees:

 

(1) initial issuance of certificate, $150;

 

(2) renewal of certificate with an active status, $100 per year;

 

(3) initial CPA firm permits, except for sole practitioners, $100;

 

(4) renewal of CPA firm permits, except for sole practitioners and those firms specified in clause (17) (16), $35 per year;

 

(5) initial issuance and renewal of CPA firm permits for sole practitioners, except for those firms specified in clause (17) (16), $35 per year;

 

(6) annual late processing delinquency fee for permit, certificate, or registration renewal applications not received prior to expiration date, $50;

 

(7) copies of records, per page, 25 cents;

 

(8) registration of noncertificate holders, nonlicensees, and nonregistrants in connection with renewal of firm permits, $45 per year;

 

(9) applications for reinstatement, $20;

 

(10) initial registration of a registered accounting practitioner, $50;

 

(11) initial registered accounting practitioner firm permits, $100;

 

(12) renewal of registered accounting practitioner firm permits, except for sole practitioners, $100 per year;

 

(13) renewal of registered accounting practitioner firm permits for sole practitioners, $35 per year;

 

(14) CPA examination application, $40;

 

(15) (14) CPA examination, fee determined by third-party examination administrator;

 

(16) (15) renewal of certificates with an inactive status, $25 per year; and

 

(17) (16) renewal of CPA firm permits for firms that have one or more offices located in another state, $68 per year; and

 

(17) temporary military certificate, $100.

 

Sec. 58.  [326A.045] RETIRED STATUS.

 

Subdivision 1.  Retired status requirements.  The board shall grant retired status to a person who meets the following criteria:

 

(1) is age 55 or older;


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(2) holds a current active license to practice public accounting under this chapter with a license status of active, inactive, or exempt under Minnesota Rules, part 1105.3700;

 

(3) declares that he or she is not practicing public accounting in any jurisdiction;

 

(4) was in good standing with the board at the time the person last held a license under this chapter; and

 

(5) submits an application for retired status on a form provided by the board.

 

Subd. 2.  Retired status effect.  Retired status is an honorific status.  Retired status is not a license to engage in the practice of public accounting.  A person granted retired status shall not perform or offer to perform services for which a license under this chapter is required.

 

Subd. 3.  Documentation of status.  The board shall provide to a person granted retired status a document stating that retired status has been granted.

 

Subd. 4.  Representation to the public.  A person granted retired status may represent themselves as "Certified Public Accountant - Retired," "CPA - Retired," "Retired Certified Public Accountant," or "Retired CPA," but shall not represent themselves or allow themselves to be represented to the public as a current licensee of the board.

 

Subd. 5.  Continuing education not required.  A person is not required to comply with the continuing education requirements in section 326A.04, subdivision 4, to acquire or maintain retired status.

 

Subd. 6.  Renewal not required.  A person granted retired status is not required to renew the person's registration or pay renewal fees to maintain retired status.

 

Subd. 7.  Change to active or inactive status.  The board shall change a license status from retired to active or inactive if a person with retired status requests a status change and meets requirements for reactivation prescribed by rule.

 

Sec. 59.  Minnesota Statutes 2018, section 326A.08, subdivision 4, is amended to read:

 

Subd. 4.  Cease and desist orders.  (a) The board, or the complaint committee if authorized by the board, may issue and have served upon a certificate holder, a permit holder, a registration holder, a person with practice privileges granted under section 326A.14, a person who has previously been subject to a disciplinary order by the board, or an unlicensed firm or person an order requiring the person or firm to cease and desist from the act or practice constituting a violation of the statute, rule, or order.  The order must be calculated to give reasonable notice of the rights of the person or firm to request a hearing and must state the reasons for the entry of the order.  No order may be issued until an investigation of the facts has been conducted pursuant to section 214.10.

 

(b) Service of the order is effective when the order is served on the person, firm, or counsel of record personally, or by certified mail to the most recent address provided to the board for the person, firm, or counsel of record. may be by first class United States mail, including certified United States mail, or overnight express mail service, postage prepaid and addressed to the party at the party's last known address.  Service by United States mail, including certified mail, is complete upon placing the order in the mail or otherwise delivering the order to the United States mail service.  Service by overnight express mail service is complete upon delivering the order to an authorized agent of the express mail service.

 

(c) Unless otherwise agreed by the board, or the complaint committee if authorized by the board, and the person or firm requesting the hearing, the hearing must be held no later than 30 days after the request for the hearing is received by the board.


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(d) The administrative law judge shall issue a report within 30 days of the close of the contested case hearing record, notwithstanding Minnesota Rules, part 1400.8100, subpart 3.  Within 30 days after receiving the report and any exceptions to it, the board shall issue a further order vacating, modifying, or making permanent the cease and desist orders as the facts require.

 

(e) If no hearing is requested within 30 days of service of the order, the order becomes final and remains in effect until it is modified or vacated by the board.

 

(f) If the person or firm to whom a cease and desist order is issued fails to appear at the hearing after being duly notified, the person or firm is in default and the proceeding may be determined against that person or firm upon consideration of the cease and desist order, the allegations of which may be considered to be true.

 

(g) In lieu of or in addition to the order provided in paragraph (a), the board may require the person or firm to provide to the board a true and complete list of the person's or firm's clientele so that they can, if deemed necessary, be notified of the board's action.  Failure to do so, or to provide an incomplete or inaccurate list, is an act discreditable.

 

Sec. 60.  Minnesota Statutes 2018, section 326A.08, subdivision 5, is amended to read:

 

Subd. 5.  Actions against persons or firms.  (a) The board may, by order, deny, refuse to renew, suspend, temporarily suspend, or revoke the application, or practice privileges, registration or certificate of a person or firm; censure or reprimand the person or firm; prohibit the person or firm from preparing tax returns or reporting on financial statements; limit the scope of practice of any licensee; limit privileges under section 326A.14; refuse to permit a person to sit for examination; or refuse to release the person's examination grades if the board finds that the order is in the public interest and that, based on a preponderance of the evidence presented, the person or firm:

 

(1) has violated a statute, rule, or order that the board has issued or is empowered to enforce;

 

(2) has engaged in conduct or acts that are fraudulent, deceptive, or dishonest whether or not the conduct or acts relate to performing or offering to perform professional services, providing that the fraudulent, deceptive, or dishonest conduct or acts reflect adversely on the person's or firm's ability or fitness to provide professional services;

 

(3) has engaged in conduct or acts that are negligent or otherwise in violation of the standards established by board rule, where the conduct or acts relate to providing professional services, including in the filing or failure to file the licensee's income tax returns;

 

(4) has been convicted of, has pled guilty or nolo contendere to, or has been sentenced as a result of the commission of a felony or crime, an element of which is dishonesty or fraud; has been shown to have or admitted to having engaged in acts or practices tending to show that the person or firm is incompetent; or has engaged in conduct reflecting adversely on the person's or firm's ability or fitness to provide professional services, whether or not a conviction was obtained or a plea was entered or withheld and whether or not dishonesty or fraud was an element of the conduct;

 

(5) employed fraud or deception in obtaining a certificate, permit, registration, practice privileges, renewal, or reinstatement or in passing all or a portion of the examination;

 

(6) has had the person's or firm's permit, registration, practice privileges, certificate, right to examine, or other similar authority revoked, suspended, canceled, limited, or not renewed for cause, or has committed unprofessional acts for which the person or firm was otherwise disciplined or sanctioned, including, but not limited to, being ordered to or agreeing to cease and desist from prescribed conduct, in any state or any foreign country;


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(7) has had the person's or firm's right to practice before any federal, state, other government agency, or Public Company Accounting Oversight Board revoked, suspended, canceled, limited, or not renewed for cause, or has committed unprofessional acts for which the person or firm was otherwise disciplined or sanctioned, including, but not limited to, being ordered to or agreeing to cease and desist from prescribed conduct;

 

(8) failed to meet any requirement for the issuance or renewal of the person's or firm's certificate, registration or permit, or for practice privileges;

 

(9) with respect to temporary suspension orders, has committed an act, engaged in conduct, or committed practices that may result or may have resulted, in the opinion of the board or the complaint committee if authorized by the board, in an immediate threat to the public;

 

(10) has engaged in any conduct reflecting adversely upon the person's or firm's fitness to perform services while a licensee, individual granted privileges under section 326A.14, or a person registered under section 326A.06, paragraph (b); or

 

(11) has, prior to a voluntary surrender of a certificate or permit to the board, engaged in conduct which at any time resulted in the discipline or sanction described in clause (6) or (7).

 

(b) In lieu of or in addition to any remedy provided in paragraph (a), the board, or the complaint committee if authorized by the board, may require, as a condition of continued possession of a certificate, a registration, or practice privileges, termination of suspension, reinstatement of permit, registration of a person or firm or of practice privileges under section 326A.14, a certificate, an examination, or release of examination grades, that the person or firm:

 

(1) submit to a peer review of the person's or firm's ability, skills, or quality of work, conducted in a fashion and by persons, entity, or entities as required by the board; and

 

(2) complete to the satisfaction of the board continuing professional education courses specified by the board.

 

(c) Service of the order is effective if the order is served on the person, firm, or counsel of record personally or by certified mail to the most recent address provided to the board for the person, firm, or counsel of record. may be by first class United States mail, including certified United States mail, or overnight express mail service, postage prepaid and addressed to the party at the party's last known address.  Service by United States mail, including certified mail, is complete upon placing the order in the mail or otherwise delivering the order to the United States mail service.  Service by overnight express mail service is complete upon delivering the order to an authorized agent of the express mail service.  The order shall state the reasons for the entry of the order.

 

(d) All hearings required by this subdivision must be conducted in accordance with chapter 14 except with respect to temporary suspension orders as provided for in subdivision 6.

 

(e) In addition to the remedies authorized by this subdivision, the board, or the complaint committee if authorized by the board, may enter into an agreement with the person or firm for corrective action and may unilaterally issue a warning to a person or firm.

 

(f) The board shall not use agreements for corrective action or warnings in any situation where the person or firm has been convicted of or pled guilty or nolo contendere to a felony or crime and the felony or crime is the basis of the board's action against the person or firm, where the conduct of the person or firm indicates a pattern of related violations of paragraph (a) or the rules of the board, or where the board concludes that the conduct of the person or firm will not be deterred other than by disciplinary action under this subdivision or subdivision 4 or 6.


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(g) Agreements for corrective action may be used by the board, or the complaint committee if authorized by the board, where the violation committed by the person or firm does not warrant disciplinary action pursuant to this subdivision or subdivision 4 or 6, but where the board, or the complaint committee if authorized by the board, determines that corrective action is required to prevent further such violations and to otherwise protect the public.  Warnings may be used by the board, or the complaint committee if authorized by the board, where the violation of the person or firm is de minimus, does not warrant disciplinary action under this subdivision or subdivision 4 or 6, and does not require corrective action to protect the public.

 

(h) Agreements for corrective action must not be considered disciplinary action against the person's or firm's application, permit, registration or certificate, or practice privileges under section 326A.14.  However, agreements for corrective action are public data.  Warnings must not be considered disciplinary action against the person's or firm's application, permit, registration, or certificate or person's practice privileges and are private data.

 

Sec. 61.  Minnesota Statutes 2018, section 326A.08, is amended by adding a subdivision to read:

 

Subd. 10.  Actions against lapsed license, certificate, or permit.  If a person's or firm's permit, registration, practice privileges, license, certificate, or other similar authority lapses, expires, is surrendered, withdrawn, terminated, canceled, limited, not renewed, or otherwise becomes invalid, the board may institute a proceeding under this subdivision within two years after the date the license, certificate, or permit was last effective and enter a revocation or suspension order as of the last date on which the license, certificate, or permit was in effect, or impose a civil penalty as provided for in subdivision 7.

 

Sec. 62.  Minnesota Statutes 2018, 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, 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.


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(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, 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 incorporated by reference in Minnesota Rules, part 1105.0250, 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:


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(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 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;

 

(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.


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Sec. 63.  Minnesota Statutes 2018, section 353.27, subdivision 3c, is amended to read:

 

Subd. 3c.  Former MERF members; member and employer contributions.  (a) For the period July 1, 2015 2019, through December 31, 2031, the member contributions for former members of the Minneapolis Employees Retirement Fund and by the former Minneapolis Employees Retirement Fund-covered employing units are governed by this subdivision.

 

(b) The member contribution for a public employee who was a member of the former Minneapolis Employees Retirement Fund on June 29, 2010, is 9.75 percent of the salary of the employee.

 

(c) The employer regular contribution with respect to a public employee who was a member of the former Minneapolis Employees Retirement Fund on June 29, 2010, is 9.75 percent of the salary of the employee.

 

(d) The annual employer supplemental contribution is the employing unit's share of $31,000,000.  For calendar years 2017 and 2018, the employer supplemental contribution is the employing unit's share of $21,000,000.

 

(e) Each employing unit's share under paragraph (d) is the amount determined from an allocation between each employing unit in the portion equal to the unit's employer supplemental contribution paid or payable under Minnesota Statutes 2012, section 353.50, during calendar year 2014.

 

(f) The employer supplemental contribution amount under paragraph (d) for calendar year 2015 2019 must be invoiced by the executive director of the Public Employees Retirement Association by July 1, 2015.  The calendar year 2015 payment is payable in a single amount on or before September 30, 2015 2019.  For subsequent calendar years, the employer supplemental contribution under paragraph (d) must be invoiced on January 31 of each year and.  The employer supplemental contribution is payable in two parts, with the first half payable on or before July 31 and with the second half payable on or before December 15.  Late payments are payable with interest, compounded annually, at the applicable rate or rates specified in section 356.59, subdivision 3, per month for each month or portion of a month that has elapsed after the due date.

 

(g) The employer supplemental contribution under paragraph (d) terminates on December 31, 2031.

 

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

 

Sec. 64.  Minnesota Statutes 2018, section 353.505, is amended to read:

 

353.505 STATE CONTRIBUTIONS; FORMER MERF DIVISION.

 

(a) On September 15, 2019, and annually thereafter, the state shall pay to the general employees retirement plan of the Public Employees Retirement Association, with respect to the former MERF division, $6,000,000 $16,000,000.

 

(b) On September 15, 2017, and September 15, 2018, the state shall pay to the general employees retirement plan of the Public Employees Retirement Association, with respect to the former MERF division, $16,000,000.

 

(c) (b) State contributions under this section end on September 15, 2031.

 

(c) The commissioner of management and budget shall pay the contribution specified in this section.  The amount required is appropriated annually from the general fund to the commissioner of management and budget.

 

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


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Sec. 65.  Minnesota Statutes 2018, section 375.08, is amended to read:

 

375.08 BOARD TO FILL VACANCIES IN COUNTY OFFICES.

 

When a vacancy occurs in the office of an elected county auditor, county treasurer, county recorder, sheriff, county attorney, county surveyor, or coroner, the county board shall fill it by appointment.  For that purpose it shall meet at the usual place of meeting, upon one day's notice from the chair or clerk, which shall be served personally upon each member in the same manner as a district court summons.  The person appointed shall give the bond and take the oath required by law, and serve the remainder of the term, and until a successor qualifies.  When a vacancy occurs in an office that has a chief deputy or first assistant, the chief deputy or first assistant may perform all the duties and functions of the office until it is filled by appointment by the county board.

 

Sec. 66.  Minnesota Statutes 2018, section 375A.10, subdivision 5, is amended to read:

 

Subd. 5.  Auditor-treasurer.  In any county exercising the option provided in subdivision 2, clause (c), the office shall be known thereafter as the office of auditor-treasurer, if the office is to remain elective.  If the board chooses to make the office of auditor-treasurer elective, and not require a referendum, it must act with the concurrence of at least 80 percent of its members.

 

In the exercise of this option, the county board shall direct which of the offices of auditor or treasurer shall be terminated for the purpose of providing for the election to the single office of auditor-treasurer.  The duties, functions and responsibilities which have been heretofore and which shall hereafter be required by statute to be performed by the county auditor and the county treasurer shall be vested in and performed by the auditor-treasurer without diminishing, prohibiting or avoiding those specific duties required by statute to be performed by the county auditor and the county treasurer.

 

Nothing in this subdivision shall preclude the county from exercising the option to make the combined office of auditor-treasurer appointive as if it had been specifically enumerated in subdivision 2.  If the combined office is to be appointive, a referendum under section 375A.12 shall be necessary, except as provided by section 375A.1205.

 

If the combined office is to be elective, a referendum under section 375A.12 shall be necessary if:

 

(a) the county board requires a referendum; or

 

(b) a referendum is required by a petition of a number of voters equal to ten percent of those voting in the county at the last general election that is received by the county auditor within 30 days after the second publication of the board resolution that orders the combination.

 

The persons last elected to the positions of auditor and treasurer before adoption of the resolution shall serve in those offices and perform the duties of those offices until the completion of the terms to which they were elected.

 

Sec. 67.  Minnesota Statutes 2018, section 375A.12, subdivision 2, is amended to read:

 

Subd. 2.  Form of government options.  Except as provided in section 375A.1205 or by special law, the options provided in sections 375A.01 to 375A.10 shall be adopted in any county only after an affirmative vote of the voters in the county on the question of the adoption of the option.  Except as provided in section 375A.01, only one such plan may be submitted at any one election.


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Sec. 68.  [375A.1205] APPOINTING COUNTY OFFICERS.

 

Subdivision 1.  Authority to appoint certain officers.  A county board may appoint the county auditor, county treasurer, or county recorder under section 375A.10, subdivision 2, or the auditor-treasurer under section 375A.10, subdivision 5, by following the process outlined in this section.  Notwithstanding section 375A.12, a referendum is not required if the appointment is made pursuant to this section.  A county board shall only use the authority to appoint under the following circumstances:

 

(1) there is a vacancy in the office as provided in section 351.02;

 

(2) the current office holder has notified the county board that the officer will not file for the office, as provided in subdivision 2; or

 

(3) there is a signed contract with the county board and the incumbent auditor, treasurer, auditor-treasurer, or recorder that provides that the incumbent officer will be appointed to the position and retain tenure, pay, and benefits equal to or greater than length of service.

 

Subd. 2.  Responsibility of county officer.  At least 104 days before the filing date for office under section 204B.09, an elected county officer must notify the county board in writing whether the officer will be filing for another term.  If the officer indicates in writing that the officer will not file for the office and the county board has passed a resolution under subdivision 6, affidavits of candidacy will not be accepted for that office, and the office will not be placed on the ballot.

 

Subd. 3.  Board controls; may change as long as duties done.  Upon adoption of a resolution by the county board of commissioners and subject to subdivisions 5 and 6, the duties of an elected official required by statute whose office is made appointive as authorized by this section must be discharged by the county board of commissioners acting through a department head appointed by the board for that purpose.  Reorganization, reallocation, delegation, or other administrative change or transfer does not diminish, prohibit, or avoid the discharge of duties required by statute.

 

Subd. 4.  Discharge or demotion.  (a) A county auditor, county treasurer, county auditor-treasurer, or county recorder who was elected at the most recent election for that office prior to a county board resolution to make the office an appointed position, and the elected official is subsequently appointed by the county board to the office, may not be involuntarily demoted or discharged except for incompetency or misconduct.

 

(b) Prior to demoting or discharging an office holder under this subdivision, the board must notify the office holder in writing and state its grounds for the proposed demotion or discharge in reasonable detail.  Within ten days after receipt of this notification, the office holder may make a written request for a hearing before an arbitrator and the request must be granted before final action is taken.  Failure to request a hearing before an arbitrator during this period is considered acquiescence to the board's action.  The board may suspend an office holder with pay pending the conclusion of the hearing and determination of the issues raised in the hearing after charges have been filed which constitute grounds for demotion or discharge.  If an office holder has been charged with a felony and the underlying conduct that is the subject of the felony charge is grounds for a proposed discharge, the suspension pending the conclusion of the hearing and determination of the issues may be without pay.  If a hearing under this subdivision is held, the board must reimburse the office holder for any salary or compensation withheld if the final decision of the arbitrator does not result in a penalty or discharge of the office holder.

 

(c) If the office holder and the board are unable to mutually agree on an arbitrator, the board must request from the Bureau of Mediation Services a list of seven persons qualified to serve as an arbitrator.  If the office holder and the board are unable to mutually agree on an arbitrator from the list provided, the parties shall alternately strike names from the list until the name of one arbitrator remains.  The person remaining after the striking procedure must


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be the arbitrator.  If the parties are unable to agree on who shall strike the first name, the question must be decided by a flip of a coin.  The office holder and the board must share equally the costs and fees of the arbitrator except as set forth in paragraph (g).

 

(d) The arbitrator shall determine, by a preponderance of the evidence, whether the grounds for discharge or demotion exist to support the proposed discharge or demotion.  A lesser penalty than demotion or discharge may be imposed by the arbitrator only to the extent that either party proposes such lesser penalty in the proceeding.  In making the determination, the arbitration proceeding is governed by sections 572B.15 to 572B.28.

 

(e) An arbitration hearing conducted under this subdivision is a meeting for preliminary consideration of allegations or charges within the meaning of section 13D.05, subdivision 3, paragraph (a), and must be closed, unless the office holder requests it to be open.

 

(f) The arbitrator's award is final and binding on the parties, subject to sections 572B.18 to 572B.28.

 

(g) In the event the arbitrator rules not to demote or discharge the office holder, the board shall pay all of the costs and fees of the arbitrator and the attorney fees of the office holder.

 

Subd. 5.  Incumbents to complete term.  The person elected at the last general election to an office made appointive under this section must serve in that capacity and perform the duties, functions, and responsibilities required by statute until the completion of the term of office to which the person was elected, or until a vacancy occurs in the office, whichever occurs earlier.

 

Subd. 6.  Publishing resolution; petition; referendum.  (a) Before the adoption of the resolution to provide for the appointment of an office as described in subdivision 1, the county board must publish a proposed resolution notifying the public of its intent to consider the issue once each week, for two consecutive weeks, in the official publication of the county.  Following publication and prior to formally adopting the resolution, the county board shall provide an opportunity at its next regular meeting for public comment relating to the issue.  After the public comment opportunity, at the same meeting or a subsequent meeting, the county board of commissioners may adopt a resolution that provides for the appointment of the office or offices as permitted in this section.  The resolution must be approved by at least 80 percent of the members of the county board.  The resolution may take effect 30 days after it is adopted, or at a later date stated in the resolution, unless a petition is filed as provided in paragraph (b).

 

(b) Except when an office is made appointive under subdivision 1, clause (3), within 30 days after the county board adopts the resolution, a petition requesting a referendum may be filed with the county auditor.  The petition must be signed by at least ten percent of the registered voters of the county.  The petition must meet the requirements of the secretary of state, as provided in section 204B.071, and any rules adopted to implement that section.  If the petition is sufficient, the county board resolution is rescinded.

 

Subd. 7.  Reverting to elected offices.  (a) The county board may adopt a resolution to provide for the election of an office that was made an appointed position under this section, but not until at least three years after the office was made an appointed position.  The county board must publish a proposed resolution notifying the public of its intent to consider the issue once each week, for two consecutive weeks, in the official publication of the county.  Following publication and before formally adopting the resolution, the county board must provide an opportunity at its next regular meeting for public comment relating to the issue.  After the public comment opportunity, at the same meeting or a subsequent meeting, the county board of commissioners may adopt the resolution.  The resolution must be approved by at least 60 percent of the members of the county board and is effective August 1 following adoption of the resolution.


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(b) The question of whether an office that was made an appointed position under this section must be made an elected office must be placed on the ballot at the next general election if (1) the position has been an appointed position for at least three years; (2) a petition signed by at least ten percent of the registered voters of the county is filed with the office of the county auditor by August 1 of the year in which the general election is held; and (3) the petition meets the requirements of the secretary of state, as provided in section 204B.071, and any rules adopted to implement that section.  If a majority of the voters of the county voting on the question vote in favor of making the office an elected position, the election for that office must be held at the next regular or special election.

 

Sec. 69.  Minnesota Statutes 2018, section 382.01, is amended to read:

 

382.01 OFFICERS ELECTED; TERMS.

 

In every county in this state there shall be elected at the general election in 1918 a county auditor, a county treasurer, sheriff, county recorder, county attorney, and coroner.

 

The terms of office of these officers shall be four years and shall begin on the first Monday in January next succeeding their election.  They shall hold office until their successors are elected and qualified.  Each of these offices shall must be filled by election every four years thereafter, unless an office is consolidated with another county office or made appointive under chapter 375A or other general or special law.

 

Sec. 70.  Minnesota Statutes 2018, section 382.02, is amended to read:

 

382.02 VACANCIES, HOW FILLED.

 

Any appointment made to fill a vacancy in any of the offices named in section 382.01 that has not been made appointive under chapter 375A or other general or special law shall be for the balance of such entire term, and be made by the county board.

 

Sec. 71.  Minnesota Statutes 2018, section 469.074, is amended by adding a subdivision to read:

 

Subd. 3.  Meetings by telephone or other electronic means.  The port authority may conduct meetings as provided by section 13D.015.

 

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

 

Sec. 72.  Minnesota Statutes 2018, section 473.606, subdivision 5, is amended to read:

 

Subd. 5.  Employees, others, affirmative action; prevailing wage.  The corporation shall have the power to appoint engineers and other consultants, attorneys, and such other officers, agents, and employees as it may see fit, who shall perform such duties and receive such compensation as the corporation may determine notwithstanding the provisions of section 43A.17, subdivision 9, and be removable at the pleasure of the corporation.  The corporation must adopt an affirmative action plan, which shall be submitted to the appropriate agency or office of the state for review and approval.  The plan must include a yearly progress report to the agency or office.  Whenever the corporation performs any work within the limits of a city of the first class, or establishes a minimum wage for skilled or unskilled labor in the specifications or any contract for work within one of the cities, the rate of pay to such skilled and unskilled labor must be the prevailing rate of wage for such labor in that city.

 

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


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Sec. 73.  [504B.279] ACCESS TO MULTIUNIT FACILITIES BY UNITED STATES CENSUS EMPLOYEES.

 

Subdivision 1.  Access required.  It is unlawful for a person, either directly or indirectly, to deny access to an apartment house, dormitory, nursing home, manufactured home park, other multiple unit facility used as a residence, or an area in which two or more single-family dwellings are located on private roadways, to an employee of the United States Census who displays a current, valid census credential and who is engaged in official census business.  An employee granted access under this section must be permitted to leave census materials for residents at their doors, except that the manager of a nursing home may direct that the materials be left at a central location within the facility.  The materials must be left in an orderly manner.

 

Subd. 2.  Limitations.  This section does not prohibit:

 

(1) denial of admittance into a particular apartment, room, manufactured home, or personal residential unit;

 

(2) in the case of a nursing home or a registered housing with services establishment providing assisted living services meeting the requirements of Minnesota Statutes, section 144G.03, subdivision 2, denial of permission to visit certain persons for valid health reasons;

 

(3) limiting visits to a reasonable number of census employees or reasonable hours;

 

(4) requiring a prior appointment to gain access to the facility; or

 

(5) denial of admittance to or expulsion of an individual employee from a multiple unit dwelling for good cause.

 

Subd. 3.  Compliance with federal law.  A person in compliance with United States Code, title 13, section 223, and any guidance or rules adopted by the United States Department of Commerce, Bureau of the Census, governing access to a facility described in subdivision 1 is considered to be in compliance with the requirements of this section.

 

Subd. 4.  Applicability.  This section is effective from January 1 to December 31 in any year during which a decennial census is conducted under the authority of the United States Constitution, article I, section 2.

 

Sec. 74.  MINNESOTA CENSUS 2020 MOBILIZATION.

 

Subdivision 1.  Duty of commissioner of administration; grants and contracts.  (a) The commissioner of administration must, in collaboration with the Minnesota Census 2020 Mobilization Partnership, facilitate the administration of a census mobilization program.  The purpose of the program must be to increase the participation of Minnesotans in the 2020 United States Census by implementing the outreach and mobilization activities described in subdivisions 2 to 5.

 

(b) At least 45 percent of any appropriation provided to the commissioner for the program required by this section must be allocated for a grant to the Minnesota Council on Foundations.  The Minnesota Council on Foundations must use the grant to issue subgrants of up to $5,000 to the identified fiscal hosts of any Minnesota‑based complete count committees.  To be eligible for a subgrant, a complete count committee must be registered with the United States Census Bureau and be a tribal nation, political subdivision, nonpartisan nonprofit community organization, or public or private college or university engaged in census mobilization work in Minnesota.  The commissioner must advance up to 50 percent of the grant and the Minnesota Council on Foundations may advance all or a portion of a subgrant awarded under this section.  Any appropriations not allocated for grants may be used by the commissioner to further implement the outreach and mobilization activities described in subdivisions 2 to 5 by contract or by directing the work of the office of the state demographer.


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(c) The commissioner of administration may waive application of all or any portion of Minnesota Statutes, sections 16B.97 to 16B.991, in awarding grants; Minnesota Statutes, chapter 16C, in entering contracts; and Minnesota Statutes, chapter 16E, in purchasing technology systems and software under this section to facilitate the timely distribution of funds and to maximize the impact of the outreach and mobilization activities.  Notwithstanding the waivers authorized by this paragraph, the commissioner may not waive application of policies or procedures designed to ensure diversity and the inclusion of traditionally underrepresented groups among grant recipients and contract vendors.

 

(d) The commissioner must contract with Community Connection Labs to purchase communication and technical tools designed to support census outreach efforts.  If the commissioner is unable to enter this contract, the commissioner may contract with another vendor or vendors offering comparable products and tools, or may award grants to support the purchase of comparable communication and technology tools.

 

Subd. 2.  Engaging hard to reach households.  The census mobilization partnership program must support:

 

(1) initiatives to increase census response rates among households outside of the 11-county metropolitan area who receive mail through a post office box; and

 

(2) initiatives to increase awareness among census employees, multiunit apartment managers and owners, and renters on the laws governing access to multiunit apartment buildings by census employees. 

 

Subd. 3.  Adapting to the electronic census.  The census mobilization partnership program must support:

 

(1) opportunities for Minnesotans to submit their census response electronically through online portals provided in common gathering spaces within a community; and

 

(2) commit-to-the-census initiatives that organize Minnesotans to commit to participate in the census and include electronic reminders to facilitate their participation.

 

Subd. 4.  Reaching historically undercounted communities.  The census mobilization partnership program must support:

 

(1) job sourcing initiatives that encourage a sufficient pool of qualified candidates to apply for positions with the Census Bureau, and efforts to ensure that the pool of candidates reflects the diversity of Minnesota's communities, including those communities historically undercounted in census reports; and

 

(2) initiatives that engage historically undercounted communities and reduce census participation gaps in these communities compared to Minnesota's historically high overall census response rate.

 

Subd. 5.  Shared services.  The census mobilization partnership program must support efficiency in census mobilization efforts by providing shared services to support local and community census outreach, including development of multilingual educational and promotional materials and tools to reach respondents through a variety of communication platforms and services.

 

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

 

Sec. 75.  LEGISLATIVE EMPLOYEE WORKING GROUP ON THE LEGISLATURE'S ACCESSIBILITY MEASURES.

 

Subdivision 1.  Membership.  The legislative employee working group on the legislature's accessibility measures consists of 12 members.  The senate majority leader and the speaker of the house must each appoint four employees from among the following offices that serve the respective bodies:  media offices, information


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technology offices, legal and fiscal analysis offices, the secretary of the senate, the chief clerk of the house of representatives, and other offices considered appropriate.  The chair of the Legislative Coordinating Commission must appoint four members from among the employees who serve in the Office of the Revisor of Statutes, the Legislative Reference Library, the Legislative Coordinating Commission, and the Office of the Legislative Auditor.  In conducting its work, the working group may consult with the MN.IT Office of Accessibility; the Commission of Deaf, Deafblind and Hard of Hearing; the Minnesota Council on Disability; State Services for the Blind; and other groups that may be of assistance.  Appointments to the working group must be made by June 1, 2019.

 

Subd. 2.  Duties; report.  (a) The employee working group must submit a report to the chairs and ranking minority members of the legislative committees with jurisdiction over rules and to the chair and vice-chair of the Legislative Coordinating Commission by January 15, 2020.  The report must:

 

(1) identify ways the legislature's accessibility measures do not meet accessibility standards applicable to state agencies under Minnesota Statutes, section 16E.03, subdivision 9;

 

(2) identify issues and technologies that may present barriers to compliance;

 

(3) suggest a compliance exception process;

 

(4) describe a plan to update the legislature's accessibility measures to be comparable to those required of state agencies under Minnesota Statutes, section 16E.03, subdivision 9; and

 

(5) estimate the costs for updates to the legislature's accessibility measures.

 

(b) For purposes of this report, the employee working group does not need to consider making archived documents, recordings, or publications accessible.

 

Subd. 3.  First meeting; chair.  The executive director of the Legislative Coordinating Commission must convene the first meeting of the working group by July 15, 2019.  At the first meeting, the members must elect a chair.

 

Subd. 4.  Compensation; reimbursement.  Members serve without compensation but may be reimbursed for expenses.

 

Subd. 5.  Administrative support.  The Legislative Coordinating Commission must provide administrative support to the working group.

 

Subd. 6.  Expiration.  The working group expires January 15, 2020, or a later date selected by agreement of the appointing authorities in subdivision 1, but not later than January 15, 2025.

 

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

 

Sec. 76.  LEGISLATIVE BUDGET OFFICE ELIMINATED.

 

All operations of the Legislative Budget Office established in Minnesota Statutes, section 3.8853, and the Legislative Budget Office Oversight Commission established in Minnesota Statutes, section 3.8854, must be ended no later than July 1, 2019.  Notwithstanding any laws in effect at the time of their appointment, the term of employment of all Legislative Budget Office employees is terminated effective July 1, 2019.  The house of representatives, senate, and Legislative Coordinating Commission must offer reasonable opportunities for comparable employment in other offices of the legislature to employees whose positions are terminated by this section, to the extent that is practical.

 

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


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Sec. 77.  WORLD WAR I PLAQUE.

 

Subdivision 1.  Purpose.  The state wishes to honor all Minnesota veterans who have honorably and bravely served in the United States armed forces, both at home and abroad, during World War I.

 

Subd. 2.  Replacement plaque authorized.  The commissioner of administration shall place a memorial plaque in the court of honor on the Capitol grounds to recognize the valiant service of Minnesota veterans who have honorably and bravely served in the United States armed forces, both at home and abroad, during World War I.  This plaque will replace the current plaque honoring veterans who served abroad during World War I.  The Capitol Area Architectural and Planning Board shall solicit design submissions from the public.  Each design submission must include a commitment to furnish the plaque at no cost to the state.  The Capitol Area Architectural and Planning Board shall select a design from those submitted to use as a basis for final production.  The selected design must be approved by the commissioner of veterans affairs and must be furnished by the person or group who submitted the design at no cost to the state.

 

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

 

Sec. 78.  CAPITOL FLAG PROGRAM STUDY.

 

(a) The commissioner of administration, in consultation with the Legislative Coordinating Commission and the commissioners of veterans affairs, military affairs, and public safety, must study and develop recommendations to implement a Capitol flag program consistent with the program enacted in Minnesota Statutes, section 16B.276.  The study must include recommendations to address any expected challenges in implementing the program, including the uncertainty of sufficient funding to serve all families that may be eligible for a flag, and challenges in verifying a family member's eligibility.

 

(b) The commissioner must report the results of the study, including any recommendations, to the chairs and ranking minority members of the legislative committees with jurisdiction over state government finance and veterans affairs no later than January 15, 2020.

 

Sec. 79.  MAINTENANCE AND UPKEEP OF STATE OFFICE BUILDING.

 

No later than January 1, 2020, the commissioner of administration must enter a contract with the house of representatives for the regular maintenance and upkeep of space occupied by the house of representatives in the State Office Building.

 

Sec. 80.  MINNESOTA LAW ENFORCEMENT ASSOCIATION LABOR AGREEMENT.

 

The labor agreement between the state of Minnesota and the Minnesota Law Enforcement Association, submitted to the Legislative Coordinating Commission Subcommittee on Employee Relations on April 5, 2019, is ratified.

 

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

 

Sec. 81.  REPEALER.

 

Subdivision 1.  Hair braiding.  Minnesota Statutes 2018, section 155A.28, subdivisions 1, 3, and 4, are repealed.


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Subd. 2.  Legislative Budget Office.  Minnesota Statutes 2018, sections 3.8853; and 3.8854, and Laws 2017, First Special Session chapter 4, article 2, sections 1, as amended by Laws 2018, chapter 214, article 5, section 10; 3, as amended by Laws 2018, chapter 214, article 5, section 11; 7; 8; 9, as amended by Laws 2018, chapter 214, article 5, section 12; and 58, as amended by Laws 2018, chapter 214, article 5, section 13; and Laws 2018, chapter 214, article 5, sections 1; 2; 3; 4; 5; 6; 7; 8; 9; 10; 11; 12; 13; 14; and 15, are repealed.

 

Subd. 3.  Local government compensation limits.  Minnesota Statutes 2018, section 43A.17, subdivision 9, is repealed, effective the day following final enactment.

 

ARTICLE 3

STATE PAYMENTS TERMINOLOGY

 

Section 1.  Minnesota Statutes 2018, section 15.191, subdivision 1, is amended to read:

 

Subdivision 1.  Emergency disbursements.  Imprest cash funds for the purpose of making minor disbursements, providing for change, and providing employees with travel advances or a portion or all of their payroll warrant where the warrant payment has not been received through the payroll system, may be established by state departments or agencies from existing appropriations in the manner prescribed by this section.

 

Sec. 2.  Minnesota Statutes 2018, section 15.191, subdivision 3, is amended to read:

 

Subd. 3.  Warrant Payment against designated appropriation.  Imprest cash funds established under this section shall be created by warrant drawn payment issued against the appropriation designated by the commissioner of management and budget.

 

Sec. 3.  Minnesota Statutes 2018, 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, and other costs where advance payment discount is provided or are 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. 4.  Minnesota Statutes 2018, section 16A.13, subdivision 2a, is amended to read:

 

Subd. 2a.  Procedure.  The commissioner shall see that the deduction for the withheld tax is made from an employee's pay on the payroll abstract.  The commissioner shall approve one warrant payable payment to the commissioner for the total amount deducted on the abstract.  Deductions from the pay of an employee paid direct by an agency shall be made by the employee's payroll authority.  A later deduction must correct an error made on an earlier deduction.  The paying authority shall see that a warrant or check payment for the deductions is promptly sent to the commissioner.  The commissioner shall deposit the amount of the warrant or check payment to the credit of the proper federal authority or other person authorized by federal law to receive it.


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Sec. 5.  Minnesota Statutes 2018, section 16A.15, subdivision 3, is amended to read:

 

Subd. 3.  Allotment and encumbrance.  (a) A payment may not be made without prior obligation.  An obligation may not be incurred against any fund, allotment, or appropriation unless the commissioner has certified a sufficient unencumbered balance or the accounting system shows sufficient allotment or encumbrance balance in the fund, allotment, or appropriation to meet it.  The commissioner shall determine when the accounting system may be used to incur obligations without the commissioner's certification of a sufficient unencumbered balance.  An expenditure or obligation authorized or incurred in violation of this chapter is invalid and ineligible for payment until made valid.  A payment made in violation of this chapter is illegal.  An employee authorizing or making the payment, or taking part in it, and a person receiving any part of the payment, are jointly and severally liable to the state for the amount paid or received.  If an employee knowingly incurs an obligation or authorizes or makes an expenditure in violation of this chapter or takes part in the violation, the violation is just cause for the employee's removal by the appointing authority or by the governor if an appointing authority other than the governor fails to do so.  In the latter case, the governor shall give notice of the violation and an opportunity to be heard on it to the employee and to the appointing authority.  A claim presented against an appropriation without prior allotment or encumbrance may be made valid on investigation, review, and approval by the agency head in accordance with the commissioner's policy, if the services, materials, or supplies to be paid for were actually furnished in good faith without collusion and without intent to defraud.  The commissioner may then draw a warrant to pay the claim just as properly allotted and encumbered claims are paid.

 

(b) The commissioner may approve payment for materials and supplies in excess of the obligation amount when increases are authorized by section 16C.03, subdivision 3.

 

(c) To minimize potential construction delay claims, an agency with a project funded by a building appropriation may allow a contractor to proceed with supplemental work within the limits of the appropriation before money is encumbered.  Under this circumstance, the agency may requisition funds and allow contractors to expeditiously proceed with a construction sequence.  While the contractor is proceeding, the agency shall immediately act to encumber the required funds.

 

Sec. 6.  Minnesota Statutes 2018, section 16A.272, subdivision 3, is amended to read:

 

Subd. 3.  Section 7.19 16A.271 to apply.  The provisions of Minnesota Statutes 1941, section 7.19 16A.271, shall apply to deposits of securities made pursuant to this section.

 

Sec. 7.  Minnesota Statutes 2018, section 16A.40, is amended to read:

 

16A.40 WARRANTS AND ELECTRONIC FUND TRANSFERS.

 

Money must not be paid out of the state treasury except upon the warrant of the commissioner or an electronic fund transfer approved by the commissioner.  Warrants must be drawn on printed blanks that are in numerical order.  The commissioner shall enter, in numerical order in a warrant payment register, the number, amount, date, and payee for every warrant payment issued.

 

The commissioner may require payees to supply their bank routing information to enable the payments to be made through an electronic fund transfer.

 

Sec. 8.  Minnesota Statutes 2018, section 16A.42, subdivision 2, is amended to read:

 

Subd. 2.  Approval.  If the claim is approved, the commissioner shall complete and sign a warrant issue a payment in the amount of the claim.


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Sec. 9.  Minnesota Statutes 2018, section 16A.42, is amended by adding a subdivision to read:

 

Subd. 5.  Invalid claims.  If the commissioner determines that a claim is invalid after issuing a warrant, the commissioner may void an unpaid warrant.  The commissioner is not liable to any holder who took the void warrant for value.

 

Sec. 10.  Minnesota Statutes 2018, section 16A.671, subdivision 1, is amended to read:

 

Subdivision 1.  Authority; advisory recommendation.  To ensure that cash is available when needed to pay warrants make payments drawn on the general fund under appropriations and allotments, the commissioner may (1) issue certificates of indebtedness in anticipation of the collection of taxes levied for and other revenues appropriated to the general fund for expenditure during each biennium; and (2) issue additional certificates to refund outstanding certificates and interest on them, under the constitution, article XI, section 6.

 

Sec. 11.  Minnesota Statutes 2018, section 16B.37, subdivision 4, is amended to read:

 

Subd. 4.  Work of department for another.  To avoid duplication and improve efficiency, the commissioner may direct an agency to do work for another agency or may direct a division or section of an agency to do work for another division or section within the same agency and shall require reimbursement for the work.  Reimbursements received by an agency are reappropriated to the account making the original expenditure in accordance with the transfer warrant procedure established by the commissioner of management and budget.

 

Sec. 12.  Minnesota Statutes 2018, section 16D.03, subdivision 2, is amended to read:

 

Subd. 2.  State agency reports.  State agencies shall report quarterly to the commissioner of management and budget the debts owed to them.  The commissioner of management and budget, in consultation with the commissioners of revenue and human services, and the attorney general, shall establish internal guidelines for the recognition, tracking, and reporting, and collection of debts owed the state.  The internal guidelines must include accounting standards, performance measurements, and uniform reporting requirements applicable to all state agencies.  The commissioner of management and budget shall require a state agency to recognize, track, report, and attempt to collect debts according to the internal guidelines.  The commissioner, in consultation with the commissioner of management and budget and the attorney general, shall establish internal guidelines for the collection of debt owed to the state.

 

Sec. 13.  Minnesota Statutes 2018, section 16D.09, subdivision 1, is amended to read:

 

Subdivision 1.  Generally.  (a) When a debt is determined by a state agency to be uncollectible, the debt may be written off by the state agency from the state agency's financial accounting records and no longer recognized as an account receivable for financial reporting purposes.  A debt is considered to be uncollectible when (1) all reasonable collection efforts have been exhausted, (2) the cost of further collection action will exceed the amount recoverable, (3) the debt is legally without merit or cannot be substantiated by evidence, (4) the debtor cannot be located, (5) the available assets or income, current or anticipated, that may be available for payment of the debt are insufficient, (6) the debt has been discharged in bankruptcy, (7) the applicable statute of limitations for collection of the debt has expired, or (8) it is not in the public interest to pursue collection of the debt.  The determination of the uncollectibility of a

 

(b) Uncollectible debt must be reported by the state agency along with the basis for that decision as part of its quarterly reports to the commissioner of management and budget.  The basis for the determination of the uncollectibility of the debt must be maintained by the state agency.  If an uncollectible debt equals or exceeds $100,000, the agency shall notify the chairs and ranking minority members of the legislative committees with jurisdiction over the state agency's budget at the time the debt is determined to be uncollectible.  The information


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reported shall contain the entity associated with the uncollected debt, the amount of the debt, the revenue type, the reason the debt is considered uncollectible, and the duration the debt has been outstanding.  The commissioner of management and budget shall report to the chairs and ranking minority members of the legislative committees with jurisdiction over Minnesota Management and Budget an annual summary of the number and dollar amount of debts determined to be uncollectible during the previous fiscal year by October 31 of each year.  Determining that the debt is uncollectible does not cancel the legal obligation of the debtor to pay the debt.

 

Sec. 14.  Minnesota Statutes 2018, section 21.116, is amended to read:

 

21.116 EXPENSES.

 

All necessary expenses incurred in carrying out the provisions of sections 21.111 to 21.122 and the compensation of officers, inspectors, and employees appointed, designated, or employed by the commissioner, as provided in such sections, together with their necessary traveling expenses, together with the traveling expenses of the members of the advisory seed potato certification committee, and other expenses necessary in attending committee meetings, shall be paid from, and only from, the seed potato inspection account, on order of the commissioner and commissioner of management and budget's voucher warrant budget.

 

Sec. 15.  Minnesota Statutes 2018, section 80A.65, subdivision 9, is amended to read:

 

Subd. 9.  Generally.  No filing for which a fee is required shall be deemed to be filed or given any effect until the proper fee is paid.  All fees and charges collected by the administrator shall be covered into the state treasury.  When any person is entitled to a refund under this section, the administrator shall certify to the commissioner of management and budget the amount of the fee to be refunded to the applicant, and the commissioner of management and budget shall issue a warrant in payment thereof out of the fund to which such fee was credited in the manner provided by law.  There is hereby appropriated to the person entitled to such refunds from the fund in the state treasury to which such fees were credited an amount to make such refunds and payments.

 

Sec. 16.  Minnesota Statutes 2018, section 84A.23, subdivision 4, is amended to read:

 

Subd. 4.  Drainage ditch bonds; reports.  (a) Immediately after a project is approved and accepted and then after each distribution of the tax collections on the June and November tax settlements, the county auditor shall certify to the commissioner of management and budget the following information relating to bonds issued to finance or refinance public drainage ditches wholly or partly within the projects, and the collection of assessments levied on account of the ditches:

 

(1) the amount of principal and interest to become due on the bonds before the next tax settlement and distribution;

 

(2) the amount of money collected from the drainage assessments and credited to the funds of the ditches; and

 

(3) the amount of the deficit in the ditch fund of the county chargeable to the ditches.

 

(b) On approving the certificate, the commissioner of management and budget shall draw a warrant issue a payment, payable out of the fund pertaining to the project, for the amount of the deficit in favor of the county.

 

(c) As to public drainage ditches wholly within a project, the amount of money paid to or for the benefit of the county under paragraph (b) must never exceed the principal and interest of the bonds issued to finance or refinance the ditches outstanding at the time of the passage and approval of sections 84A.20 to 84A.30, less money on hand in


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the county ditch fund to the credit of the ditches.  The liabilities must be reduced from time to time by the amount of all payments of assessments after April 25, 1931, made by the owners of lands assessed before that date for benefits on account of the ditches.

 

(d) As to public drainage ditches partly within and partly outside a project, the amount paid from the fund pertaining to the project to or for the benefit of the county must never exceed a certain percentage of bonds issued to finance and refinance the ditches so outstanding, less money on hand in the county ditch fund to the credit of the ditches on April 25, 1931.  The percentage must bear the same proportion to the whole amount of these bonds as the original benefits assessed against lands within the project bear to the original total benefits assessed to the entire system of the ditches.  This liability shall be reduced from time to time by the payments of all assessments extended after April 25, 1931, made by the owners of lands within the project of assessments for benefits assessed before that date on account of a ditch.

 

(e) The commissioner of management and budget may provide and prescribe forms for reports required by sections 84A.20 to 84A.30 and require any additional information from county officials that the commissioner of management and budget considers necessary for the proper administration of sections 84A.20 to 84A.30.

 

Sec. 17.  Minnesota Statutes 2018, section 84A.33, subdivision 4, is amended to read:

 

Subd. 4.  Ditch bonds; funds; payments to counties.  (a) Upon the approval and acceptance of a project and after each distribution of the tax collections for the June and November tax settlements, the county auditor shall certify to the commissioner of management and budget the following information about bonds issued to finance or refinance public drainage ditches wholly or partly within the projects, and the collection of assessments levied for the ditches:

 

(1) the amount of principal and interest to become due on the bonds before the next tax settlement and distribution;

 

(2) the amount of money collected from the drainage assessments and credited to the funds of the ditches, not already sent to the commissioner of management and budget as provided in sections 84A.31 to 84A.42; and

 

(3) the amount of the deficit in the ditch fund of the county chargeable to the ditches.

 

(b) On approving this certificate of the county auditor, the commissioner of management and budget shall draw a warrant issue a payment, payable out of the fund provided for in sections 84A.31 to 84A.42, and send it to the county treasurer of the county.  These funds must be credited to the proper ditch of the county and placed in the ditch bond fund of the county, which is created, and used only to pay the ditch bonded indebtedness of the county assumed by the state under sections 84A.31 to 84A.42.  The total amount of warrants drawn payments issued must not exceed in any one year the total amount of the deficit provided for under this section.

 

(c) The state is subrogated to all title, right, interest, or lien of the county in or on the lands so certified within these projects.

 

(d) As to public drainage ditches wholly within a project, the amount paid to, or for the benefit of, the county under this subdivision must never exceed the principal and interest of the bonds issued to finance or refinance a ditch outstanding on April 22, 1933, less money on hand in the county ditch fund to the credit of a ditch.  These liabilities must be reduced from time to time by the amount of any payments of assessments extended after April 22, 1933, made by the owners of lands assessed before that date for benefits on account of the ditches.


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As to public drainage ditches partly within and partly outside a project the amount paid from the fund pertaining to the project to or for the benefit of the county must never exceed a certain percentage of bonds issued to finance and refinance a ditch so outstanding, less money on hand in the county ditch fund to the credit of a ditch on April 22, 1932.  The percentage must bear the same proportion to the whole amount of the bonds as the original benefits assessed against these lands within the project bear to the original total benefits assessed to the entire system for a ditch.  This liability must be reduced from time to time by the payments of all assessments extended after April 22, 1933, made by the owners of lands within the project of assessments for benefits assessed before that date on account of a ditch.

 

Sec. 18.  Minnesota Statutes 2018, section 84A.52, is amended to read:

 

84A.52 ACCOUNTS; EXAMINATION, APPROPRIATION, PAYMENT.

 

(a) As a part of the examination provided for by section 6.481, of the accounts of the several counties within a game preserve, area, or project established under section 84A.01, 84A.20, or 84A.31, the state auditor shall segregate the audit of the accounts reflecting the receipt and disbursement of money collected or disbursed under this chapter or from the sale of tax-forfeited lands held by the state under section 84A.07, 84A.26, or 84A.36.  The auditor shall also include in the reports required by section 6.481 summary statements as of December 31 before the examination that set forth the proportionate amount of principal and interest due from the state to the individual county and any money due the state from the county remaining unpaid under this chapter, or from the sale of any tax-forfeited lands referred to in this section, and other information required by the commissioner of management and budget.  On receiving a report, the commissioner of management and budget shall determine the net amount due to the county for the period covered by the report and shall draw a warrant issue a payment upon the state treasury payable out of the consolidated fund for that amount.  It must be paid to and received by the county as payment in full of all amounts due for the period stated on the warrants payments from the state under any provision of this chapter.

 

(b) Money to pay the warrants make the payments is appropriated to the counties entitled to payment from the consolidated fund in the state treasury.

 

Sec. 19.  Minnesota Statutes 2018, section 88.12, subdivision 1, is amended to read:

 

Subdivision 1.  Limitation.  The compensation and expenses of persons temporarily employed in emergencies in suppression or control of wildfires shall be fixed by the commissioner of natural resources or an authorized agent and paid as provided by law.  Such compensation shall not exceed the maximum rate for comparable labor established as provided by law or rules, but shall not be subject to any minimum rate so established.  The commissioner is authorized to draw and expend from money appropriated for the purposes of sections 88.03 to 88.22 a reasonable sum and through forest officers or other authorized agent be used in paying emergency expenses, including just compensation for services rendered by persons summoned and for private property used, damaged, or appropriated under sections 88.03 to 88.22.  The commissioner of management and budget is authorized to draw a warrant issue a payment for this sum when duly approved by the commissioner.  The commissioner or agent in charge shall take proper subvouchers or receipts from all persons to whom these moneys are paid, and after these subvouchers have been approved they shall be filed with the commissioner of management and budget.  Authorized funds as herein provided at any time shall be deposited, subject to withdrawal or disbursement by check or otherwise for the purposes herein prescribed, in a bank authorized and bonded to receive state deposits; and the bond of this bank to the state shall cover and include this deposit.


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Sec. 20.  Minnesota Statutes 2018, section 94.522, is amended to read:

 

94.522 WARRANTS PAYMENTS TO COUNTY TREASURERS; USE OF PROCEEDS.

 

It shall be the duty of the commissioner of management and budget to transmit warrants on payments from the state treasury to the county treasurer of the respective counties for the sums that may be due in accordance with section 94.521, which sums are hereby appropriated out of the state treasury from the amounts received from the United States government pursuant to the aforesaid acts of Congress, and such money shall be used by the counties receiving the same for the purposes and in the proportions herein provided.

 

Sec. 21.  Minnesota Statutes 2018, section 94.53, is amended to read:

 

94.53 WARRANTS PAYMENTS TO COUNTY TREASURERS; FEDERAL LOANS TO COUNTIES.

 

It shall be the duty of the commissioner of management and budget to transmit warrants on payments from the state treasury to the county treasurers of the respective counties for the sum that may be due in accordance with sections 94.52 to 94.54, which sum or sums are hereby appropriated out of the state treasury from the amounts received from the United States government pursuant to the aforesaid act of Congress.  The commissioner of management and budget, upon being notified by the federal government or any agencies thereof that a loan has been made to any such county the repayment of which is to be made from such fund, is authorized to transmit a warrant or warrants payment to the federal government or any agency thereof sufficient to repay such loan out of any money apportioned or due to such county under the provisions of such act of Congress, approved May 23, 1908 (Statutes at Large, volume 35, page 260).

 

Sec. 22.  Minnesota Statutes 2018, section 116J.64, subdivision 7, is amended to read:

 

Subd. 7.  Processing.  (a) An Indian desiring a loan for the purpose of starting a business enterprise or expanding an existing business shall make application to the appropriate tribal government.  The application shall be forwarded to the appropriate eligible organization, if it is participating in the program, for consideration in conformity with the plans submitted by said tribal governments.  The tribal government may approve the application if it determines that the loan would advance the goals of the Indian business loan program.  If the tribal government is not participating in the program, the agency may directly approve or deny the loan application.

 

(b) If the application is approved, the tribal government shall forward the application, together with all relevant documents pertinent thereto, to the commissioner of the agency, who shall cause a warrant request a payment to be drawn in favor of issued to the applicant or the applicable tribal government, or the agency, if it is administering the loan, with appropriate notations identifying the borrower.

 

(c) The tribal government, eligible organization, or the agency, if it is administering the loan, shall maintain records of transactions for each borrower in a manner consistent with good accounting practice.  The interest rate on a loan shall be established by the tribal government or the agency, but may be no less than two percent per annum nor more than ten percent per annum.  When any portion of a debt is repaid, the tribal government, eligible organization, or the agency, if it is administering the loan, shall remit the amount so received plus interest paid thereon to the commissioner of management and budget through the agency.  The amount so received shall be credited to the Indian business loan account.

 

(d) On the placing of a loan, additional money equal to ten percent of the total amount made available to any tribal government, eligible organization, or the agency, if it is administering the loan, for loans during the fiscal year shall be paid to the tribal government, eligible organization, or the agency, prior to December 31 for the purpose of financing administrative costs.


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Sec. 23.  Minnesota Statutes 2018, section 127A.34, subdivision 1, is amended to read:

 

Subdivision 1.  Copy to commissioner of management and budget; appropriation.  The commissioner shall furnish a copy of the apportionment of the school endowment fund to the commissioner of management and budget, who thereupon shall draw warrants on issue payments from the state treasury, payable to the several districts, for the amount due each district.  There is hereby annually appropriated from the school endowment fund the amount of such apportionments.

 

Sec. 24.  Minnesota Statutes 2018, section 127A.40, is amended to read:

 

127A.40 MANNER OF PAYMENT OF STATE AIDS.

 

It shall be the duty of the commissioner to deliver to the commissioner of management and budget a certificate for each district entitled to receive state aid under the provisions of this chapter.  Upon the receipt of such certificate, it shall be the duty of the commissioner of management and budget to draw a warrant in favor of issue a payment to the district for the amount shown by each certificate to be due to the district.  The commissioner of management and budget shall transmit such warrants payments to the district together with a copy of the certificate prepared by the commissioner.

 

Sec. 25.  Minnesota Statutes 2018, section 136F.70, subdivision 3, is amended to read:

 

Subd. 3.  Refunds.  The board may make refunds to students for tuition, activity fees, union fees, and any other fees from imprest cash funds.  The imprest cash fund shall be reimbursed periodically by checks or warrants drawn on payments issued from the funds and accounts to which the refund should ultimately be charged.  The amounts necessary to pay the refunds are appropriated from the funds and accounts to which they are charged.

 

Sec. 26.  Minnesota Statutes 2018, section 176.181, subdivision 2, is amended to read:

 

Subd. 2.  Compulsory insurance; self-insurers.  (a) Every employer, except the state and its municipal subdivisions, liable under this chapter to pay compensation shall insure payment of compensation with some insurance carrier authorized to insure workers' compensation liability in this state, or obtain a written order from the commissioner of commerce exempting the employer from insuring liability for compensation and permitting self‑insurance of the liability.  The terms, conditions and requirements governing self-insurance shall be established by the commissioner pursuant to chapter 14.  The commissioner of commerce shall also adopt, pursuant to paragraph (d), rules permitting two or more employers, whether or not they are in the same industry, to enter into agreements to pool their liabilities under this chapter for the purpose of qualifying as group self-insurers.  With the approval of the commissioner of commerce, any employer may exclude medical, chiropractic and hospital benefits as required by this chapter.  An employer conducting distinct operations at different locations may either insure or self-insure the other portion of operations as a distinct and separate risk.  An employer desiring to be exempted from insuring liability for compensation shall make application to the commissioner of commerce, showing financial ability to pay the compensation, whereupon by written order the commissioner of commerce, on deeming it proper, may make an exemption.  An employer may establish financial ability to pay compensation by providing financial statements of the employer to the commissioner of commerce.  Upon ten days' written notice the commissioner of commerce may revoke the order granting an exemption, in which event the employer shall immediately insure the liability.  As a condition for the granting of an exemption the commissioner of commerce may require the employer to furnish security the commissioner of commerce considers sufficient to insure payment of all claims under this chapter, consistent with subdivision 2b.  If the required security is in the form of currency or negotiable bonds, the commissioner of commerce shall deposit it with the commissioner of management and budget.  In the event of any default upon the part of a self-insurer to abide by any final order or decision of the commissioner of labor and industry directing and awarding payment of compensation and benefits to any employee or the dependents of any deceased employee, then upon at least ten days' notice to the self-insurer, the commissioner of commerce may by


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written order to the commissioner of management and budget require the commissioner of management and budget to sell the pledged and assigned securities or a part thereof necessary to pay the full amount of any such claim or award with interest thereon.  This authority to sell may be exercised from time to time to satisfy any order or award of the commissioner of labor and industry or any judgment obtained thereon.  When securities are sold the money obtained shall be deposited in the state treasury to the credit of the commissioner of commerce and awards made against any such self-insurer by the commissioner of commerce shall be paid to the persons entitled thereto by the commissioner of management and budget upon warrants prepared payments requested by the commissioner of commerce out of the proceeds of the sale of securities.  Where the security is in the form of a surety bond or personal guaranty the commissioner of commerce, at any time, upon at least ten days' notice and opportunity to be heard, may require the surety to pay the amount of the award, the payments to be enforced in like manner as the award may be enforced.

 

(b) No association, corporation, partnership, sole proprietorship, trust or other business entity shall provide services in the design, establishment or administration of a group self-insurance plan under rules adopted pursuant to this subdivision unless it is licensed, or exempt from licensure, pursuant to section 60A.23, subdivision 8, to do so by the commissioner of commerce.  An applicant for a license shall state in writing the type of activities it seeks authorization to engage in and the type of services it seeks authorization to provide.  The license shall be granted only when the commissioner of commerce is satisfied that the entity possesses the necessary organization, background, expertise, and financial integrity to supply the services sought to be offered.  The commissioner of commerce may issue a license subject to restrictions or limitations, including restrictions or limitations on the type of services which may be supplied or the activities which may be engaged in.  The license is for a two-year period.

 

(c) To assure that group self-insurance plans are financially solvent, administered in a fair and capable fashion, and able to process claims and pay benefits in a prompt, fair and equitable manner, entities licensed to engage in such business are subject to supervision and examination by the commissioner of commerce.

 

(d) To carry out the purposes of this subdivision, the commissioner of commerce may promulgate administrative rules pursuant to sections 14.001 to 14.69.  These rules may:

 

(1) establish reporting requirements for administrators of group self-insurance plans;

 

(2) establish standards and guidelines consistent with subdivision 2b to assure the adequacy of the financing and administration of group self-insurance plans;

 

(3) establish bonding requirements or other provisions assuring the financial integrity of entities administering group self-insurance plans;

 

(4) establish standards, including but not limited to minimum terms of membership in self-insurance plans, as necessary to provide stability for those plans;

 

(5) establish standards or guidelines governing the formation, operation, administration, and dissolution of self‑insurance plans; and

 

(6) establish other reasonable requirements to further the purposes of this subdivision.


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Sec. 27.  Minnesota Statutes 2018, section 176.581, is amended to read:

 

176.581 PAYMENT TO STATE EMPLOYEES.

 

Upon a warrant request prepared by the commissioner of administration, and in accordance with the terms of the order awarding compensation, the commissioner of management and budget shall pay compensation to the employee or the employee's dependent.  These payments shall be made from money appropriated for this purpose.

 

Sec. 28.  Minnesota Statutes 2018, section 176.591, subdivision 3, is amended to read:

 

Subd. 3.  Compensation payments upon warrants request.  The commissioner of management and budget shall make compensation payments from the fund only as authorized by this chapter upon warrants request of the commissioner of administration.

 

Sec. 29.  Minnesota Statutes 2018, section 192.55, is amended to read:

 

192.55 PAYMENTS TO BE MADE THROUGH ADJUTANT GENERAL.

 

All pay and allowances and necessary expenses for any of the military forces shall, when approved by the adjutant general, be paid by commissioner of management and budget's warrants issued budget to the several officers and enlisted members entitled thereto; provided, that upon the request of the adjutant general, approved by the governor, the sum required for any such pay or allowances and necessary expenses shall be paid by commissioner of management and budget's warrant budget to the adjutant general, who shall immediately pay and distribute the same to the several officers or enlisted members entitled thereto or to their commanding officers or to a finance officer designated by the adjutant general.  The receipt of any such commanding officer or finance officer for any such payment shall discharge the adjutant general from liability therefor.  Every commanding officer or finance officer receiving any such payment shall, as soon as practicable, pay and distribute the same to the several officers or enlisted members entitled thereto.  The officer making final payment shall, as evidence thereof, secure the signature of the person receiving the same upon a payroll or other proper voucher.

 

Sec. 30.  Minnesota Statutes 2018, section 237.30, is amended to read:

 

237.30 TELEPHONE INVESTIGATION FUND; APPROPRIATION.

 

A Minnesota Telephone Investigation Fund shall exist for the use of the Department of Commerce and of the attorney general in investigations, valuations, and revaluations under section 237.295.  All sums paid by the telephone companies to reimburse the department for its expenses pursuant to section 237.295 shall be credited to the revolving fund and shall be deposited in a separate bank account and not commingled with any other state funds or moneys, but any balance in excess of $25,000 in the revolving fund at the end of each fiscal year shall be paid into the state treasury and credited to the general fund.  All subsequent credits to said revolving fund shall be paid upon the warrant of by the commissioner of management and budget upon application of the department or of the attorney general to an aggregate amount of not more than one-half of such sums to each of them, which proportion shall be constantly maintained in all credits and withdrawals from the revolving fund.

 

Sec. 31.  Minnesota Statutes 2018, section 244.19, subdivision 7, is amended to read:

 

Subd. 7.  Certificate of counties entitled to state aid.  On or before January 1 of each year, until 1970 and on or before April 1 thereafter, the commissioner of corrections shall deliver to the commissioner of management and budget a certificate in duplicate for each county of the state entitled to receive state aid under the provisions of this section.  Upon the receipt of such certificate, the commissioner of management and budget shall draw a warrant in


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favor of issue a payment to the county treasurer for the amount shown by each certificate to be due to the county specified.  The commissioner of management and budget shall transmit such warrant payment to the county treasurer together with a copy of the certificate prepared by the commissioner of corrections.

 

Sec. 32.  Minnesota Statutes 2018, section 256B.20, is amended to read:

 

256B.20 COUNTY APPROPRIATIONS.

 

The providing of funds necessary to carry out the provisions hereof on the part of the counties and the manner of administering the funds of the counties and the state shall be as follows:

 

(1) The board of county commissioners of each county shall annually set up in its budget an item designated as the county medical assistance fund and levy taxes and fix a rate therefor sufficient to produce the full amount of such item, in addition to all other tax levies and tax rate, however fixed or determined, sufficient to carry out the provisions hereof and sufficient to pay in full the county share of assistance and administrative expense for the ensuing year; and annually on or before October 10 shall certify the same to the county auditor to be entered by the auditor on the tax rolls.  Such tax levy and tax rate shall make proper allowance and provision for shortage in tax collections.

 

(2) Any county may transfer surplus funds from any county fund, except the sinking or ditch fund, to the general fund or to the county medical assistance fund in order to provide money necessary to pay medical assistance awarded hereunder.  The money so transferred shall be used for no other purpose, but any portion thereof no longer needed for such purpose shall be transferred back to the fund from which taken.

 

(3) Upon the order of the county agency the county auditor shall draw a warrant on the proper fund in accordance with the order, and the county treasurer shall pay out the amounts ordered to be paid out as medical assistance hereunder.  When necessary by reason of failure to levy sufficient taxes for the payment of the medical assistance in the county, the county auditor shall carry any such payments as an overdraft on the medical assistance funds of the county until sufficient tax funds shall be provided for such assistance payments.  The board of county commissioners shall include in the tax levy and tax rate in the year following the year in which such overdraft occurred, an amount sufficient to liquidate such overdraft in full.

 

(4) Claims for reimbursement and reports shall be presented to the state agency by the respective counties as required under section 256.01, subdivision 2, paragraph (p).  The state agency shall audit such claims and certify to the commissioner of management and budget the amounts due the respective counties without delay.  The amounts so certified shall be paid within ten days after such certification, from the state treasury upon warrant payment of the commissioner of management and budget from any money available therefor.  The money available to the state agency to carry out the provisions hereof, including all federal funds available to the state, shall be kept and deposited by the commissioner of management and budget in the revenue fund and disbursed upon warrants in the same manner as other state funds.

 

Sec. 33.  Minnesota Statutes 2018, section 299C.21, is amended to read:

 

299C.21 PENALTY ON LOCAL OFFICER REFUSING INFORMATION.

 

If any public official charged with the duty of furnishing to the bureau fingerprint records, biological specimens, reports, or other information required by sections 299C.06, 299C.10, 299C.105, 299C.11, 299C.17, shall neglect or refuse to comply with such requirement, the bureau, in writing, shall notify the state, county, or city officer charged with the issuance of a warrant for the payment of the salary of such official.  Upon the receipt of the notice the state,


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county, or city official shall withhold the issuance of a warrant for the payment of the salary or other compensation accruing to such officer for the period of 30 days thereafter until notified by the bureau that such suspension has been released by the performance of the required duty.

 

Sec. 34.  Minnesota Statutes 2018, section 352.04, subdivision 9, is amended to read:

 

Subd. 9.  Erroneous deductions, canceled warrants payments.  (a) Deductions taken from the salary of an employee for the retirement fund in excess of required amounts must, upon discovery and verification by the department making the deduction, be refunded to the employee.

 

(b) If a deduction for the retirement fund is taken from a salary warrant or check payment, and the check payment is canceled or the amount of the warrant or check payment returned to the funds of the department making the payment, the sum deducted, or the part of it required to adjust the deductions, must be refunded to the department or institution if the department applies for the refund on a form furnished by the director.  The department's payments must likewise be refunded to the department.

 

(c) If erroneous employee deductions and employer contributions are caused by an error in plan coverage involving the plan and any other plans specified in section 356.99, that section applies.  If the employee should have been covered by the plan governed by chapter 352D, 353D, 354B, or 354D, the employee deductions and employer contributions taken in error must be directly transferred to the applicable employee's account in the correct retirement plan, with interest at the applicable monthly rate or rates specified in section 356.59, subdivision 2, compounded annually, from the first day of the month following the month in which coverage should have commenced in the correct defined contribution plan until the end of the month in which the transfer occurs.

 

Sec. 35.  Minnesota Statutes 2018, section 353.05, is amended to read:

 

353.05 CUSTODIAN OF FUNDS.

 

The commissioner of management and budget shall be ex officio treasurer of the retirement funds of the association and the general bond of the commissioner of management and budget to the state must be so conditioned as to cover all liability for acts as treasurer of these funds.  All money of the association received by the commissioner of management and budget must be set aside in the state treasury to the credit of the proper fund or account.  The commissioner of management and budget shall transmit monthly to the executive director a detailed statement of all amounts so received and credited to the funds.  Payments out of the funds may only be made on warrants as payments issued by the commissioner of management and budget, upon abstracts signed by the executive director; provided that abstracts for investment may be signed by the executive director of the State Board of Investment.

 

Sec. 36.  Minnesota Statutes 2018, section 354.42, subdivision 7, is amended to read:

 

Subd. 7.  Erroneous salary deductions or direct payments.  (a) Any deductions taken from the salary of an employee for the retirement fund in excess of amounts required must be refunded to the employee upon the discovery of the error and after the verification of the error by the employing unit making the deduction.  The corresponding excess employer contribution and excess additional employer contribution amounts attributable to the erroneous salary deduction must be refunded to the employing unit.

 

(b) If salary deductions and employer contributions were erroneously transmitted to the retirement fund and should have been transmitted to the plan covered by chapter 352D, 353D, 354B, or 354D, the executive director must transfer these salary deductions and employer contributions to the account of the appropriate person under the applicable plan.  The transfer to the applicable defined contribution plan account must include interest at the rate of


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0.71 percent per month, compounded annually, from the first day of the month following the month in which coverage should have commenced in the defined contribution plan until the end of the month in which the transfer occurs.

 

(c) A potential transfer under paragraph (b) that would cause the plan to fail to be a qualified plan under section 401(a) of the Internal Revenue Code, as amended, must not be made by the executive director.  Within 30 days after being notified by the Teachers Retirement Association of an unmade potential transfer under this paragraph, the employer of the affected person must transmit an amount representing the applicable salary deductions and employer contributions, without interest, to the account of the applicable person under the appropriate plan.  The retirement association must provide a credit for the amount of the erroneous salary deductions and employer contributions against future contributions from the employer.

 

(d) If a salary warrant or check payment from which a deduction for the retirement fund was taken has been canceled or the amount of the warrant or if a check payment has been returned to the funds of the employing unit making the payment, a refund of the amount deducted, or any portion of it that is required to adjust the salary deductions, must be made to the employing unit.

 

(e) Erroneous direct payments of member-paid contributions or erroneous salary deductions that were not refunded during the regular payroll cycle processing must be refunded to the member, plus interest computed using the rate and method specified in section 354.49, subdivision 2.

 

(f) Any refund under this subdivision that would cause the plan to fail to be a qualified plan under section 401(a) of the Internal Revenue Code, as amended, may not be refunded and instead must be credited against future contributions payable by the employer.  The employer is responsible for refunding to the applicable employee any amount that was erroneously deducted from the salary of the employee, with interest as specified in paragraph (e).

 

(g) If erroneous employee deductions and employer contributions are caused by an error in plan coverage involving the plan and any other plan specified in section 356.99, that section applies.

 

Sec. 37.  Minnesota Statutes 2018, section 401.15, subdivision 1, is amended to read:

 

Subdivision 1.  Certified statements; determinations; adjustments.  Within 60 days of the end of each calendar quarter, participating counties which have received the payments authorized by section 401.14 shall submit to the commissioner certified statements detailing the amounts expended and costs incurred in furnishing the correctional services provided in sections 401.01 to 401.16.  Upon receipt of certified statements, the commissioner shall, in the manner provided in sections 401.10 and 401.12, determine the amount each participating county is entitled to receive, making any adjustments necessary to rectify any disparity between the amounts received pursuant to the estimate provided in section 401.14 and the amounts actually expended.  If the amount received pursuant to the estimate is greater than the amount actually expended during the quarter, the commissioner may withhold the difference from any subsequent monthly payments made pursuant to section 401.14.  Upon certification by the commissioner of the amount a participating county is entitled to receive under the provisions of section 401.14 or of this subdivision the commissioner of management and budget shall thereupon issue a state warrant payment to the chief fiscal officer of each participating county for the amount due together with a copy of the certificate prepared by the commissioner.

 

Sec. 38.  Minnesota Statutes 2018, section 446A.16, subdivision 1, is amended to read:

 

Subdivision 1.  Functions of commissioner of management and budget.  Except as otherwise provided in this section, money of the authority must be paid to the commissioner of management and budget as agent of the authority and the commissioner shall not commingle the money with other money.  The money in the accounts of the authority must be paid out only on warrants drawn by the commissioner of management and budget on


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requisition of the chair of the authority or of another officer or employee as the authority authorizes.  Deposits of the authority's money must, if required by the commissioner or the authority, be secured by obligations of the United States or of the state of a market value equal at all times to the amount of the deposit and all banks and trust companies are authorized to give security for the deposits.

 

Sec. 39.  Minnesota Statutes 2018, section 462A.18, subdivision 1, is amended to read:

 

Subdivision 1.  Functions of commissioner of management and budget.  All moneys of the agency, except as otherwise authorized or provided in this section, shall be paid to the commissioner of management and budget as agent of the agency, who shall not commingle such moneys with any other moneys.  The moneys in such accounts shall be paid out on warrants drawn by the commissioner on requisition of the chair of the agency or of such other officer or employee as the agency shall authorize to make such requisition.  All deposits of such moneys shall, if required by the commissioner or the agency, be secured by obligations of the United States or of the state of a market value equal at all times to the amount of the deposit and all banks and trust companies are authorized to give such security for such deposits.

 

Sec. 40.  Minnesota Statutes 2018, section 525.841, is amended to read:

 

525.841 ESCHEAT RETURNED.

 

In all such cases the commissioner of management and budget shall be furnished with a certified copy of the court's order assigning the escheated property to the persons entitled thereto, and upon notification of payment of the estate tax, the commissioner of management and budget shall draw a warrant issue a payment or execute a proper conveyance to the persons designated in such order.  In the event any escheated property has been sold pursuant to sections 11A.04, clause (9), and 11A.10, subdivision 2, or 16B.281 to 16B.287, then the warrant payment shall be for the appraised value as established during the administration of the decedent's estate.  There is hereby annually appropriated from any moneys in the state treasury not otherwise appropriated an amount sufficient to make payment to all such designated persons.  No interest shall be allowed on any amount paid to such persons.

 

Sec. 41.  REVISOR INSTRUCTION.

 

The revisor of statutes shall replace, as the context requires, "warrant," "warrants," or "warrant or check" with "payment" or "payments" in the following sections and subdivisions of Minnesota Statutes:  15.0596; 16A.134; 16A.17, subdivision 5; 16A.42, subdivision 4; 16A.56; 43A.30, subdivision 2; 43A.49; 49.24, subdivisions 13 and 16; 69.031, subdivision 1; 84A.40; 126C.55, subdivisions 2 and 9; 126C.68, subdivision 3; 126C.69, subdivision 14; 136F.46, subdivision 1; 162.08, subdivisions 10 and 11; 162.14, subdivisions 4 and 5; 162.18, subdivision 4; 162.181, subdivision 4; 163.051, subdivision 3; 196.052; 198.16; 241.13, subdivision 1; 260B.331, subdivision 2; 260C.331, subdivision 2; 273.121, subdivision 1; 287.08; 297I.10, subdivision 1; 348.05; 352.05; 352.115, subdivision 12; 352.12, subdivision 13; 353.27, subdivision 7; 354.52, subdivisions 4 and 4b; 446A.086, subdivision 4; and 475A.04, subdivision 1.

 

ARTICLE 4

ELECTIONS AND VOTING RIGHTS

 

Section 1.  Minnesota Statutes 2018, section 13.607, is amended by adding a subdivision to read:

 

Subd. 9.  Data derived from driver's license applications.  Data on an application for a driver's license, a Minnesota identification card, or a learner's permit transferred to the secretary of state that are provided by a person whom the secretary of state determines is not eligible to vote are governed by section 201.161.


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Sec. 2.  Minnesota Statutes 2018, section 123B.09, subdivision 5b, is amended to read:

 

Subd. 5b.  Appointments to fill vacancies; special elections.  (a) Any vacancy on the board, other than a vacancy described in subdivision 4, must be filled by board appointment at a regular or special meeting.  The appointment shall be evidenced by a resolution entered in the minutes and shall be effective 30 days following adoption of the resolution, subject to paragraph (b).  If the appointment becomes effective, it shall continue until an election is held under this subdivision.  All elections to fill vacancies shall be for the unexpired term.  A special election to fill the vacancy must be held no later than the first Tuesday after the first Monday in November following the vacancy.  If the vacancy occurs less than 90 days prior to the first Tuesday after the first Monday in November in the year in which the vacancy occurs, the special election must be held no later than the first Tuesday after the first Monday in November of the following calendar year.  If the vacancy occurs less than 90 days prior to the first Tuesday after the first Monday in November in the third year of the term, no special election is required.  If the vacancy is filled by a special election, the person elected at that election for the ensuing term shall take office immediately after receiving the certificate of election, filing the bond, and taking the oath of office the appointee shall serve for the remainder of the unexpired term.

 

(b) An appointment made under paragraph (a) shall not be effective if a petition to reject the appointee is filed with the school district clerk.  To be valid, a petition to reject an appointee must be signed by a number of eligible voters residing in the district equal to at least five percent of the total number of voters voting in the district at the most recent state general election, and must be filed within 30 days of the board's adoption of the resolution making the appointment.  If a valid petition is filed according to the requirements of this paragraph, the appointment by the school board is ineffective and the board must name a new appointee as provided in paragraph (a).

 

EFFECTIVE DATE.  This section is effective August 1, 2019, and applies to vacancies created on or after that date.

 

Sec. 3.  Minnesota Statutes 2018, section 174.24, is amended by adding a subdivision to read:

 

Subd. 7a.  Transit service on election day.  An eligible recipient of operating assistance under this section who contracts or has contracted to provide fixed route public transit shall provide fixed route public transit service free of charge on a day a state general election is held.

 

EFFECTIVE DATE.  This section is effective July 1, 2020.

 

Sec. 4.  Minnesota Statutes 2018, section 201.014, is amended by adding a subdivision to read:

 

Subd. 2a.  Felony conviction; restoration of civil right to vote.  An individual convicted of a felony has the civil right to vote restored when the individual completes any incarceration imposed and executed by the court for the offense or upon sentencing if no incarceration is imposed.  If the individual is later incarcerated for the same offense, the individual's civil right to vote is lost only during the period of incarceration. 

 

Sec. 5.  Minnesota Statutes 2018, section 201.022, subdivision 1, is amended to read:

 

Subdivision 1.  Establishment.  The secretary of state shall maintain a statewide voter registration system to facilitate voter registration and to provide a central database containing voter registration information from around the state.  The system must be accessible to the county auditor of each county in the state.  The system must also:

 

(1) provide for voters to submit their voter registration applications to any county auditor, the secretary of state, or the Department of Public Safety;

 

(2) provide for the definition, establishment, and maintenance of a central database for all voter registration information;


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(3) provide for entering data into the statewide registration system;

 

(4) provide for electronic transfer of completed voter registration applications from the Department of Public Safety to the secretary of state or the county auditor;

 

(5) assign a unique identifier to each legally registered voter in the state;

 

(6) provide for the acceptance of the Minnesota driver's license number, Minnesota state identification number, and last four digits of the Social Security number for each voter record;

 

(7) coordinate with other agency databases within the state;

 

(8) allow county auditors and the secretary of state to add or modify information in the system to provide for accurate and up-to-date records;

 

(9) allow county auditors, municipal and school district clerks, and the secretary of state to have electronic access to the statewide registration system for review and search capabilities;

 

(10) provide security and protection of all information in the statewide registration system and ensure that unauthorized access is not allowed;

 

(11) provide access to municipal clerks to use the system;

 

(12) provide a system for each county to identify the precinct to which a voter should be assigned for voting purposes;

 

(13) provide daily reports accessible by county auditors on the driver's license numbers, state identification numbers, or last four digits of the Social Security numbers submitted on voter registration applications that have been verified as accurate by the secretary of state; and

 

(14) provide reports on the number of absentee ballots transmitted to and returned and cast by voters under section 203B.16.; and

 

(15) provide reports necessary for early voting.

 

The appropriate state or local official shall provide security measures to prevent unauthorized access to the computerized list established under section 201.021.

 

Sec. 6.  Minnesota Statutes 2018, section 201.071, subdivision 1, is amended to read:

 

Subdivision 1.  Form.  Both paper and electronic voter registration applications must contain the same information unless otherwise provided by law.  A voter registration application must contain spaces for the following required information:  voter's first name, middle name, and last name; voter's previous name, if any; voter's current address; voter's previous address, if any; voter's date of birth; voter's municipality and county of residence; voter's telephone number, if provided by the voter; date of registration; current and valid Minnesota driver's license number or Minnesota state identification number, or if the voter has no current and valid Minnesota driver's license or Minnesota state identification, the last four digits of the voter's Social Security number; and voter's signature.  The paper registration application may include the voter's e­mail address, if provided by the voter.  The electronic voter registration application must include the voter's e­mail address.  The registration application may include the voter's interest in serving as an election judge, if indicated by the voter.  The application must also contain the following certification of voter eligibility:


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"I certify that I:

 

(1) will be at least 18 years old on election day;

 

(2) am a citizen of the United States;

 

(3) will have resided in Minnesota for 20 days immediately preceding election day;

 

(4) maintain residence at the address given on the registration form;

 

(5) am not under court-ordered guardianship in which the court order revokes my right to vote;

 

(6) have not been found by a court to be legally incompetent to vote;

 

(7) have the right to vote because, if I have been convicted of a felony, my felony sentence has expired (been completed) or I have been discharged from my sentence am not currently incarcerated for a felony offense; and

 

(8) have read and understand the following statement:  that giving false information is a felony punishable by not more than five years imprisonment or a fine of not more than $10,000, or both."

 

The certification must include boxes for the voter to respond to the following questions:

 

"(1) Are you a citizen of the United States?" and

 

"(2) Will you be 18 years old on or before election day?"

 

And the instruction:

 

"If you checked 'no' to either of these questions, do not complete this form."

 

The form of the voter registration application and the certification of voter eligibility must be as provided in this subdivision and approved by the secretary of state.  Voter registration forms authorized by the National Voter Registration Act must also be accepted as valid.  The federal postcard application form must also be accepted as valid if it is not deficient and the voter is eligible to register in Minnesota.

 

An individual may use a voter registration application to apply to register to vote in Minnesota or to change information on an existing registration.

 

Sec. 7.  Minnesota Statutes 2018, section 201.091, subdivision 4, is amended to read:

 

Subd. 4.  Public information lists.  The county auditor shall make available for inspection a public information list which must contain the name, address, year of birth, and voting history of each registered voter in the county.  The list must not include the party choice of any voter who voted in the most recent a presidential nomination primary.  The telephone number must be included on the list if provided by the voter.  The public information list may also include information on voting districts.  The county auditor may adopt reasonable rules governing access to the list.  No individual inspecting the public information list shall tamper with or alter it in any manner.  No individual who inspects the public information list or who acquires a list of registered voters prepared from the public information list may use any information contained in the list for purposes unrelated to elections, political activities, or law enforcement.  The secretary of state may provide copies of the public information lists and other information from the statewide registration system for uses related to elections, political activities, or in response to a law enforcement inquiry from a public official concerning a failure to comply with any criminal statute or any state or local tax statute.


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Before inspecting the public information list or obtaining a list of voters or other information from the list, the individual shall provide identification to the public official having custody of the public information list and shall state in writing that any information obtained from the list will not be used for purposes unrelated to elections, political activities, or law enforcement.  Requests to examine or obtain information from the public information lists or the statewide registration system must be made and processed in the manner provided in the rules of the secretary of state.

 

Upon receipt of a statement signed by the voter that withholding the voter's name from the public information list is required for the safety of the voter or the voter's family, the secretary of state and county auditor must withhold from the public information list the name of a registered voter.

 

EFFECTIVE DATE.  This section is effective July 1, 2019, and applies to presidential nomination primaries conducted on or after that date.

 

Sec. 8.  Minnesota Statutes 2018, section 201.091, is amended by adding a subdivision to read:

 

Subd. 4a.  Presidential primary political party list.  For each major political party that participated in the presidential nomination primary, the secretary of state must maintain a list of the voters who voted in the presidential nomination primary and selected that political party.  Information maintained on the lists is private data on individuals as defined under section 13.02, subdivision 12, except that the secretary of state must provide to the chair of each major political party a list of voters who selected the chair's party for the most recent presidential nomination primary.

 

EFFECTIVE DATE.  This section is effective July 1, 2019, and applies to presidential nomination primaries conducted on or after that date.

 

Sec. 9.  Minnesota Statutes 2018, section 201.161, is amended to read:

 

201.161 AUTOMATIC REGISTRATION OF DRIVER'S LICENSE, INSTRUCTION PERMIT, AND IDENTIFICATION CARD APPLICATIONS APPLICANTS.

 

Subdivision 1.  Automatic registration.  An individual who properly completes an application for a new or renewed Minnesota driver's license, instruction permit, or identification card, and who is eligible to vote under section 201.014, must be registered to vote as provided in this section, unless the applicant declines to be registered.

 

Subd. 2.  Applications.  The Department commissioner of public safety, in consultation with the secretary of state, shall change its the applications for an original, duplicate, or change of address driver's license, instruction permit, or identification card so that the forms may also serve as voter registration applications.  The forms must contain spaces for all information collected by voter registration applications prescribed by the secretary of state.  Applicants for driver's licenses or identification cards must be asked if they want to register to vote at the same time and that and a box for the applicant to decline to be registered to vote.  The form must clearly state that it is a felony for a person who is not eligible to vote to register to vote or cast a ballot.  Unless the applicant has declined to be registered to vote or has provided an address other than the applicant's address of residence under section 171.12, subdivision 7, paragraph (d), the commissioner shall transmit the information must be transmitted at least weekly daily by electronic means to the secretary of state.  Pursuant to the Help America Vote Act of 2002, Public Law 107‑252, the computerized driver's license record containing the voter's name, address, date of birth, citizenship, driver's license number or state identification number, county, town, and city or town must be made available for access by the secretary of state and interaction with the statewide voter registration system.


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Subd. 3.  Registration.  (a) The secretary of state shall determine whether the applicant is currently registered in the statewide voter registration system.  For each currently registered voter whose registration is not changed, the secretary of state shall update the voter's registration date in the statewide voter registration system.  For each currently registered voter whose registration is changed, the secretary of state shall transmit the registration daily by electronic means to the county auditor of the county where the voter resides.

 

(b) If the applicant is not currently registered in the statewide voter registration system, the secretary of state shall determine whether the applicant is 18 years of age or older and a citizen of the United States and compare the voter registration information received under section 201.145 to determine whether the applicant is eligible to vote.  If an applicant is less than 18 years of age, the secretary of state shall wait until the applicant has turned 18 years of age to determine whether the applicant is eligible to vote.  For each applicant the secretary of state determines is an eligible voter, the secretary of state shall transmit the registration daily by electronic means to the county auditor of the county where the voter resides.

 

(c) Any data on applicants who the secretary determines are not eligible to vote are private data on individuals as defined in section 13.02, subdivision 12.

 

Subd. 4.  Notice.  Upon receipt of the registration, the county auditor shall mail to the voter the notice of registration required by section 201.121, subdivision 2.

 

Subd. 5.  Registering 20 days before election.  An application for registration that is dated during the 20 days before an election in any jurisdiction within which the voter resides is not effective until the day after the election.

 

Subd. 6.  System certification.  An applicant for a Minnesota driver's license, instruction permit, or identification card must not be registered to vote until the commissioner of public safety has certified that the department's systems have been tested and can accurately provide the necessary data, and the secretary of state has certified that the system for automatic registration of those applicants has been tested and is capable of properly determining whether an applicant is eligible to vote.

 

Subd. 7.  Implementation costs.  The secretary of state and commissioner of public safety must absorb any costs associated with implementation of this section using existing appropriations provided to the secretary or commissioner by law.

 

Sec. 10.  [201.276] DUTIES OF SECRETARY OF STATE; INFORMATION ABOUT VOTING RIGHTS.

 

The secretary of state shall develop accurate and complete information in a single publication about the voting rights of people who have been charged with or convicted of a crime.  This publication must be made available electronically to the state court administrator for distribution to judges, court personnel, probation officers, and the commissioner of corrections for distribution to corrections officials, parole and supervised release agents, and the public.

 

Sec. 11.  Minnesota Statutes 2018, section 203B.001, is amended to read:

 

203B.001 ELECTION LAW APPLICABILITY.

 

The Minnesota Election Law is applicable to voting by absentee ballot and early voting unless otherwise provided in this chapter.


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Sec. 12.  Minnesota Statutes 2018, section 203B.01, is amended by adding a subdivision to read:

 

Subd. 5.  Early voting.  "Early voting" means voting in person before election day at the office of the county auditor or designated municipal clerk within the time period provided in section 203B.31.

 

Sec. 13.  Minnesota Statutes 2018, section 203B.03, subdivision 1, is amended to read:

 

Subdivision 1.  Violation.  (a) No individual shall intentionally:

 

(1) make or sign any false certificate required by this chapter;

 

(2) make any false or untrue statement in any application for absentee ballots;

 

(3) apply for absentee ballots more than once in any election with the intent to cast an illegal ballot;

 

(4) exhibit a ballot marked by that individual to any other individual;

 

(5) do any act in violation of the provisions of this chapter for the purpose of casting an illegal vote in any precinct or for the purpose of aiding another to cast an illegal vote;

 

(6) use information from absentee ballot or early voting materials or records for purposes unrelated to elections, political activities, or law enforcement;

 

(7) provide assistance to an absentee or early voter except in the manner provided by section 204C.15, subdivision 1;

 

(8) solicit the vote of an absentee or early voter while in the immediate presence of the voter during the time the individual knows the absentee or early voter is voting; or

 

(9) alter an absentee ballot application after it has been signed by the voter, except by an election official for administrative purposes.

 

(b) Before inspecting information from absentee ballot or early voting materials or records, an individual shall provide identification to the public official having custody of the material or information.

 

Sec. 14.  Minnesota Statutes 2018, section 203B.04, subdivision 5, is amended to read:

 

Subd. 5.  Permanent absentee voter status.  (a) An eligible voter may apply to a county auditor or municipal clerk to automatically receive an absentee ballot application before each election, other than an election by mail conducted under section 204B.45, and to have the status as a permanent absentee voter indicated on the voter's registration record.  The secretary of state must prescribe a form for this purpose.  An eligible voter listed as an ongoing absentee voter as of July 31, 2013, pursuant to laws in effect on that date, shall be treated as if the voter applied for status as a permanent absentee voter pursuant to this subdivision.

 

(b) A voter who applies under paragraph (a) must automatically be provided an absentee ballot application for each eligible election.  A voter's permanent absentee status ends and automatic ballot application delivery must be terminated on:

 

(1) the voter's written request;

 

(2) the voter's death;


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(3) return of an absentee ballot as undeliverable; or

 

(4) a change in the voter's status to "challenged" or "inactive" in the statewide voter registration system.

 

(c) The secretary of state shall adopt rules governing procedures under this subdivision.

 

EFFECTIVE DATE.  This section is effective January 1, 2020, and applies to elections conducted on or after that date.

 

Sec. 15.  [203B.045] VOTERS WITH A DISABILITY.

 

Subdivision 1.  Transmitting ballot and certificate of voter eligibility.  (a) A voter with a temporary or permanent disability may include in an application for absentee ballots a request that the ballots, instructions, and a certificate of voter eligibility meeting the requirements of section 203B.21, subdivision 3, be transmitted to the voter electronically in an accessible format, including ballots with the ability to be marked by accessible software or devices.  Upon receipt of a properly completed application requesting accessible electronic transmission, the county auditor shall electronically transmit the requested materials to the voter.

 

(b) Electronic materials provided by a county auditor to a voter under this subdivision must comply with the accessibility standards developed under section 16E.03, subdivision 9.

 

(c) The county auditor or municipal clerk must provide a return envelope containing first class postage to a voter requesting a ballot and ballot materials under this subdivision.

 

Subd. 2.  Marking ballots.  The voter may electronically mark the ballot using accessible software or devices.

 

Subd. 3.  Returning voted ballots.  The voter must return the voted ballots and the certificate of voter eligibility to the county auditor in a sealed envelope.

 

Sec. 16.  Minnesota Statutes 2018, section 203B.05, subdivision 1, is amended to read:

 

Subdivision 1.  Generally.  The full-time clerk of any city or town shall administer the provisions of sections 203B.04 to 203B.15 if:

 

(1) the county auditor of that county has designated the clerk to administer them; or

 

(2) the clerk has given the county auditor of that county notice of intention to administer them.

 

The designation or notice must specify whether the clerk will be responsible for the administration of a ballot board as provided in section 203B.121.

 

A clerk of a city that is located in more than one county may only administer the provisions of sections 203B.04 to 203B.15 and 203B.30 to 203B.35 if the clerk has been designated by each of the county auditors or has provided notice to each of the county auditors that the city will administer absentee voting.  A clerk may only administer the provisions of sections 203B.04 to 203B.15 if the clerk has technical capacity to access the statewide voter registration system in the secure manner prescribed by the secretary of state.  The secretary of state must identify hardware, software, security, or other technical prerequisites necessary to ensure the security, access controls, and performance of the statewide voter registration system.  A clerk must receive training approved by the secretary of


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state on the use of the statewide voter registration system before administering this section.  A clerk may not use the statewide voter registration system until the clerk has received the required training.  The county auditor must notify the secretary of state of any municipal clerk who will be administering the provisions of this section and the duties that the clerk will administer.

 

Sec. 17.  Minnesota Statutes 2018, section 203B.06, subdivision 1, is amended to read:

 

Subdivision 1.  Printing and delivery of forms.  Each county auditor and municipal clerk shall prepare and print a sufficient number of blank application forms for absentee ballots.  The county auditor or municipal clerk shall deliver a blank application form to any voter who requests one pursuant to section 203B.04.  Blank application forms must be mailed to eligible voters who have requested an application pursuant to section 203B.04, subdivision 5, at least 60 days before:

 

(1) each regularly scheduled primary for federal, state, county, city, or school board office;

 

(2) each regularly scheduled general election for city or school board office for which a primary is not held; and

 

(3) a special primary to fill a federal or county office vacancy or special election to fill a federal or county office vacancy, if a primary is not required to be held pursuant to section 204D.03, subdivision 3, or 204D.07, subdivision 3; and

 

(4) any election held in conjunction with an election described in clauses (1) to (3);

 

or at least 45 days before any other primary or other election for which a primary is not held.

 

EFFECTIVE DATE.  This section is effective January 1, 2020, and applies to elections conducted on or after that date.

 

Sec. 18.  Minnesota Statutes 2018, section 203B.06, subdivision 3, is amended to read:

 

Subd. 3.  Delivery of ballots.  (a) The county auditor or municipal clerk, or full-time clerk of any city or town administering an election pursuant to section 203B.05, shall mail absentee ballots to voters on the permanent absentee ballot list pursuant to section 203B.04, subdivision 5, at least 45 days before:

 

(1) each regularly scheduled primary or general election for federal, state, county, city, or school board office;

 

(2) each special primary or special election to fill a federal, state, county, city, or school board vacancy; except

 

(3) town clerks administering absentee ballots for a town general election held in March shall deliver absentee ballots at least 30 days before the election.

 

(b) The commissioner of corrections must provide the secretary of state with a list of the names and mailing addresses of state adult correctional facilities.  An application for an absentee ballot that provides an address included on the list provided by the commissioner of corrections must not be accepted and an absentee ballot must not be provided to the applicant.  The county auditor or municipal clerk must promptly transmit a copy of the application to the county attorney.  The Department of Corrections must implement procedures to ensure that absentee ballots issued under this chapter are not received or mailed by offenders incarcerated at state adult correctional facilities.


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(b) (c) If an application for absentee ballots is accepted at a time when absentee ballots are not yet available for distribution, the county auditor, or municipal clerk accepting the application shall file it and as soon as absentee ballots are available for distribution shall mail them to the address specified in the application.  If an application for absentee ballots is accepted when absentee ballots are available for distribution, the county auditor or municipal clerk accepting the application shall promptly:

 

(1) mail the ballots to the voter whose signature appears on the application if the application is submitted by mail and does not request commercial shipping under clause (2);

 

(2) ship the ballots to the voter using a commercial shipper requested by the voter at the voter's expense;

 

(3) deliver the absentee ballots directly to the voter if the application is submitted in person; or

 

(4) deliver the absentee ballots in a sealed transmittal envelope to an agent who has been designated to bring the ballots, as provided in section 203B.11, subdivision 4, to a voter who would have difficulty getting to the polls because of incapacitating health reasons, or who is disabled, or who is a patient in a health care facility, a resident of a facility providing assisted living services governed by chapter 144G, a participant in a residential program for adults licensed under section 245A.02, subdivision 14, or a resident of a shelter for battered women as defined in section 611A.37, subdivision 4.

 

(c) (d) If an application does not indicate the election for which absentee ballots are sought, the county auditor or municipal clerk shall mail or deliver only the ballots for the next election occurring after receipt of the application.  Only one set of ballots may be mailed, shipped, or delivered to an applicant for any election, except as provided in section 203B.121, subdivision 2, or when a replacement ballot has been requested by the voter for a ballot that has been spoiled or lost in transit.

 

EFFECTIVE DATE.  This section is effective January 1, 2020, and applies to elections conducted on or after that date.

 

Sec. 19.  Minnesota Statutes 2018, section 203B.081, subdivision 1, is amended to read:

 

Subdivision 1.  Location; timing.  (a) An eligible voter may vote by absentee ballot in the office of the county auditor and at any other polling place designated by the county auditor or by a municipal clerk authorized to conduct absentee balloting under section 203B.05 during the 46 days before the election, except as provided in this section.

 

(b) A polling place location, other than the office of the county auditor, may be opened for fewer than 46 days.  If a polling place is open fewer than 46 days before the election, the county auditor or municipal clerk must post the polling place location and hours of operation on the jurisdiction's website and must inform the secretary of state of the polling place's location and hours.

 

Sec. 20.  Minnesota Statutes 2018, section 203B.085, is amended to read:

 

203B.085 COUNTY AUDITOR'S AND MUNICIPAL CLERK'S OFFICES TO REMAIN OPEN DURING CERTAIN HOURS PRECEDING ELECTION.

 

The county auditor's office in each county and the clerk's office in each city or town authorized under section 203B.05 to administer absentee balloting must be open for acceptance of absentee ballot applications and casting of absentee ballots from 8:00 a.m. to 12:00 noon on the day immediately preceding an election subject to early voting under section 203B.30 unless that day falls on a Sunday.  When performing the duties of the county auditor in an election not subject to early voting under section 203B.30, the clerk's office must be open from 10:00 a.m. to 3:00 p.m. on Saturday and until 5:00 p.m. on the day immediately preceding a primary, special, or general election


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unless that day falls on a Saturday or Sunday.  Town clerks' offices must be open for absentee voting from 10:00 a.m. to 12:00 noon on the Saturday before a town general election held in March.  The school district clerk, when performing the county auditor's election duties, need not comply with this section.

 

Sec. 21.  Minnesota Statutes 2018, section 203B.121, subdivision 1, is amended to read:

 

Subdivision 1.  Establishment; applicable laws.  (a) The governing body of each county, municipality, and school district with responsibility to accept and reject absentee ballots or to administer early voting must, by ordinance or resolution, establish a ballot board.  The board must consist of a sufficient number of election judges trained in the handling of absentee ballots and appointed as provided in sections 204B.19 to 204B.22.  The board may include deputy county auditors or deputy city clerks who have received training in the processing and counting of absentee ballots.

 

(b) Each jurisdiction must pay a reasonable compensation to each member of that jurisdiction's ballot board for services rendered during an election.

 

(c) Except as otherwise provided by this section, all provisions of the Minnesota Election Law apply to a ballot board.

 

Sec. 22.  Minnesota Statutes 2018, section 203B.121, subdivision 2, is amended to read:

 

Subd. 2.  Duties of ballot board; absentee ballots.  (a) The members of the ballot board shall take possession of all return envelopes delivered to them in accordance with section 203B.08.  Upon receipt from the county auditor, municipal clerk, or school district clerk, two or more members of the ballot board shall examine each return envelope and shall mark it accepted or rejected in the manner provided in this subdivision.  Election judges performing the duties in this section must be of different major political parties, unless they are exempt from that requirement under section 205.075, subdivision 4, or section 205A.10, subdivision 2.

 

(b) The members of the ballot board shall mark the return envelope "Accepted" and initial or sign the return envelope below the word "Accepted" if a majority of the members of the ballot board examining the envelope are satisfied that:

 

(1) the voter's name and address on the return envelope are the same as the information provided on the absentee ballot application or voter record;

 

(2) the voter signed the certification on the envelope;

 

(3) the voter's Minnesota driver's license, state identification number, or the last four digits of the voter's Social Security number are the same as a number on the voter's absentee ballot application or voter record.  If the number does not match, the election judges must compare the signature provided by the applicant to determine whether the ballots were returned by the same person to whom they were transmitted;

 

(4) the voter is registered and eligible to vote in the precinct or has included a properly completed voter registration application in the return envelope;

 

(5) the certificate has been completed as prescribed in the directions for casting an absentee ballot; and

 

(6) the voter has not already voted at that election, either in person or, if it is after the close of business on the seventh day before the election, by absentee ballot.

 

The return envelope from accepted ballots must be preserved and returned to the county auditor.


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(c)(1) If a majority of the members of the ballot board examining a return envelope find that an absentee voter has failed to meet one of the requirements provided in paragraph (b), they shall mark the return envelope "Rejected," initial or sign it below the word "Rejected," list the reason for the rejection on the envelope, and return it to the county auditor.  There is no other reason for rejecting an absentee ballot beyond those permitted by this section.  Failure to place the ballot within the security envelope before placing it in the outer white envelope is not a reason to reject an absentee ballot.

 

(2) If an envelope has been rejected at least five days before the election, the envelope must remain sealed and the official in charge of the ballot board shall provide the voter with a replacement absentee ballot and return envelope in place of the rejected ballot.

 

(3) If an envelope is rejected within five days of the election, the envelope must remain sealed and the official in charge of the ballot board must attempt to contact the voter by telephone or e­mail to notify the voter that the voter's ballot has been rejected.  The official must document the attempts made to contact the voter.

 

(d) The official in charge of the absentee ballot board must mail the voter a written notice of absentee ballot rejection between six and ten weeks following the election.  If the official determines that the voter has otherwise cast a ballot in the election, no notice is required.  If an absentee ballot arrives after the deadline for submission provided by this chapter, the notice must be provided between six to ten weeks after receipt of the ballot.  A notice of absentee ballot rejection must contain the following information:

 

(1) the date on which the absentee ballot was rejected or, if the ballot was received after the required deadline for submission, the date on which the ballot was received;

 

(2) the reason for rejection; and

 

(3) the name of the appropriate election official to whom the voter may direct further questions, along with appropriate contact information.

 

(e) An absentee ballot return envelope marked "Rejected" may not be opened or subject to further review except in an election contest filed pursuant to chapter 209.

 

EFFECTIVE DATE.  This section is effective January 1, 2020, and applies to elections conducted on or after that date.

 

Sec. 23.  Minnesota Statutes 2018, section 203B.121, is amended by adding a subdivision to read:

 

Subd. 2a.  Duties of ballot board; early voting.  The members of the ballot board shall administer the process of early voting as prescribed in section 203B.35, and shall make a record of voters who cast ballots early and count those ballots as provided in subdivisions 4 and 5.

 

Sec. 24.  Minnesota Statutes 2018, section 203B.121, subdivision 3, is amended to read:

 

Subd. 3.  Record of voting.  (a) When applicable, the county auditor or municipal clerk must immediately record that a voter's absentee ballot has been accepted or that the voter has cast a ballot pursuant to the early voting procedures provided in this chapter.  A voter whose record indicates that the voter has cast an early ballot must not be permitted to cast another ballot in that election.  After the close of business on the seventh day before the election day prior to the beginning of the early voting period as provided in section 203B.31, a voter whose record indicates that an absentee ballot has been accepted must not be permitted to cast another ballot at that election.  In a state primary, general, or state special election for federal or, state, or county office, the auditor or clerk must also record this information in the statewide voter registration system.


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(b) The roster must be marked, and a supplemental report of absentee and early voters who submitted a voter registration application with their ballot must be created, no later than the start of voting on election day to indicate the voters that have already cast a ballot at the election.  The roster may be marked either:

 

(1) by the county auditor or municipal clerk before election day;

 

(2) by the ballot board before election day; or

 

(3) by the election judges at the polling place on election day.

 

The record of a voter whose absentee ballot was received after the close of business on the seventh day before the election is not required to be marked on the roster or contained in a supplemental report as required by this paragraph.

 

Sec. 25.  Minnesota Statutes 2018, section 203B.121, subdivision 4, is amended to read:

 

Subd. 4.  Opening of envelopes.  After the close of business on the seventh day before the election, the ballots from return envelopes marked "Accepted" may be opened, duplicated as needed in the manner provided in section 206.86, subdivision 5, initialed by the members of the ballot board, and deposited in the appropriate ballot box.  If more than one voted ballot is enclosed in the ballot envelope, the ballots must be returned in the manner provided by section 204C.25 for return of spoiled ballots, and may not be counted.

 

Sec. 26.  Minnesota Statutes 2018, section 203B.121, subdivision 5, is amended to read:

 

Subd. 5.  Storage and counting of absentee and early voting ballots.  (a) On a day on which absentee or early voting ballots are inserted into a ballot box, two members of the ballot board must:

 

(1) remove the ballots from the ballot box at the end of the day;

 

(2) without inspecting the ballots, ensure that the number of ballots removed from the ballot box is equal to the number of voters who cast early votes and whose absentee ballots were accepted that day; and

 

(3) seal and secure all voted and unvoted ballots present in that location at the end of the day.

 

(b) After the polls have closed on election day, two members of the ballot board must count the ballots, tabulating the vote in a manner that indicates each vote of the voter and the total votes cast for each candidate or question.  In state primary and state general elections, the results must indicate the total votes cast for each candidate or question in each precinct and report the vote totals tabulated for each precinct.  The count must be recorded on a summary statement in substantially the same format as provided in section 204C.26.  The ballot board shall submit at least one completed summary statement to the county auditor or municipal clerk.  The county auditor or municipal clerk may require the ballot board to submit a sufficient number of completed summary statements to comply with the provisions of section 204C.27, or the county auditor or municipal clerk may certify reports containing the details of the ballot board summary statement to the recipients of the summary statements designated in section 204C.27.

 

In state primary and state general elections, these vote totals shall be added to the vote totals on the summary statements of the returns for the appropriate precinct.  In other elections, these vote totals may be added to the vote totals on the summary statement of returns for the appropriate precinct or may be reported as a separate total.

 

The count shall be public.  No vote totals from ballots may be made public before the close of voting on election day.


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(c) In addition to the requirements of paragraphs (a) and (b), if the task has not been completed previously, the members of the ballot board must verify as soon as possible, but no later than 24 hours after the end of the hours for voting, that voters whose absentee ballots arrived after the rosters were marked or supplemental reports were generated and whose ballots were accepted did not vote in person on election day.  An absentee ballot submitted by a voter who has voted in person on election day must be rejected.  All other accepted absentee ballots must be opened, duplicated if necessary, and counted by members of the ballot board.  The vote totals from these ballots must be incorporated into the totals with the other absentee ballots and handled according to paragraph (b).

 

Sec. 27.  [203B.30] EARLY VOTING; APPLICABILITY.

 

(a) Any eligible voter may vote in person in a federal, state, or county election prior to the date of the election, in the manner provided in sections 203B.31 to 203B.35.

 

(b)(1) Subject to clause (2), for city elections not held in conjunction with a federal, state, or county election, the city may authorize eligible voters to vote in the manner provided in sections 203B.31 to 203B.35 upon resolution of the governing body of the city, adopted prior to the first day for filing affidavits of candidacy for the election.  In the case of a home rule charter city, authorization may alternatively be made by amendment to the city's charter for this purpose.

 

(2) A city may only authorize voting under sections 203B.31 to 203B.35 if the municipal clerk has the technical capacity to access the statewide voter registration system in the secure manner prescribed by the secretary of state.  The secretary of state must identify hardware, software, security, or other technical prerequisites necessary to ensure the security, access controls, and performance of the statewide voter registration system.  The clerk must receive training approved by the secretary of state on the use of the statewide voter registration system before administering voting authorized under this paragraph.  The clerk may not use the statewide voter registration system until the clerk has received the required training.

 

Sec. 28.  [203B.31] TIME PERIOD FOR EARLY VOTING.

 

Early voting must be available to any eligible voter as provided in section 203B.32 for every primary, general, and special election subject to early voting under section 203B.30 from 30 days before the election through 5:00 p.m. on the third day before the election.  All voters in line at 5:00 p.m. on the third day before the election must be allowed to vote in the same manner as provided in section 204C.05, subdivision 2.

 

Sec. 29.  [203B.32] HOURS FOR EARLY VOTING.

 

Early voting must be available between the hours of 8:00 a.m. and 4:30 p.m. on each weekday during the time period provided in section 203B.31, from 8:00 a.m. to 8:00 p.m. on at least one weekday, and from 10:00 a.m. to 5:00 p.m. on the two Saturdays before the election.

 

Sec. 30.  [203B.33] LOCATIONS FOR EARLY VOTING.

 

(a) Early voting must be made available at polling places designated in the county auditor's offices in county‑owned or operated buildings, at the municipal clerk's office in every municipality that has been delegated the responsibility to administer absentee voting as provided in section 203B.05 or which is conducting an election that includes early voting, as authorized in section 203B.30, and at any other county or city-owned or operated buildings designated by the county auditor or municipal clerk.  At least one voting station and one ballot marking device for disabled voters must be made available in each polling place.

 

(b) The county auditor or municipal clerk must make an electronic ballot counter available in each polling place.


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Sec. 31.  [203B.34] NOTICE TO VOTERS.

 

The county auditor or municipal clerk must prepare a notice to the voters of the days, times, and locations for early voting.  This notice must be posted on the county's website, if applicable, and the website for each municipality in the county where an early voting location is designated for the election at least 14 days before the first day for early voting.  If a county or municipality does not have a website, the county auditor or municipal clerk must publish the notice at least once in the jurisdiction's official newspaper at least seven days and not more than 14 days before the first day for early voting.

 

Sec. 32.  [203B.35] PROCEDURES FOR EARLY VOTING.

 

Subdivision 1.  Voting procedure.  Each voter shall sign the certification provided in section 204C.10.  An individual who is not registered to vote must register in the manner provided in section 201.061, subdivision 3.

 

After the voter has signed the certification, a member of the ballot board must provide a ballot to the voter.  Ballots must be prepared and distributed by members of the ballot board in the manner provided in section 204C.09.  The voter must mark the ballot and deposit it in either a precinct voting system or a sealed ballot box.  A voter may not leave the polling place with the ballot.

 

Subd. 2.  Processing of ballots.  Ballots cast pursuant to sections 203B.30 to 203B.35 must be processed and counted by a ballot board.

 

Sec. 33.  Minnesota Statutes 2018, section 204B.28, subdivision 2, is amended to read:

 

Subd. 2.  Election supplies; duties of county auditors and clerks.  (a) Except as otherwise provided for absentee ballots in this section and in section 204B.35, subdivision 4, the county auditor shall complete the preparation of the election materials for which the auditor is responsible at least four days before every state primary and state general election.  At any time after all election materials are available from the county auditor but not later than four days before the election each municipal clerk shall secure from the county auditor:

 

(a) (1) the forms that are required for the conduct of the election;

 

(b) (2) any printed voter instruction materials furnished by the secretary of state;

 

(c) (3) any other instructions for election officers; and

 

(d) (4) a sufficient quantity of the official ballots, registration files, envelopes for ballot returns, and other supplies and materials required for each precinct in order to comply with the provisions of the Minnesota Election Law.  The county auditor may furnish the election supplies to the municipal clerks in the same manner as the supplies are furnished to precincts in unorganized territory pursuant to section 204B.29, subdivision 1.

 

(b) The county auditor must prepare and make available election materials for early voting to city clerks designated to administer early voting under section 203B.05 at least one day prior to the beginning of the early voting period as provided in section 203B.31.

 

Sec. 34.  Minnesota Statutes 2018, section 204B.35, is amended by adding a subdivision to read: