Journal of the House - 37th Day - Tuesday, April 13, 2021 - Top of Page 3707

STATE OF MINNESOTA

 

Journal of the House

 

NINETY-SECOND SESSION - 2021

 

_____________________

 

THIRTY-SEVENTH DAY

 

Saint Paul, Minnesota, Tuesday, April 13, 2021

 

 

      The House of Representatives convened at 10:30 a.m. and was called to order by Melissa Hortman, Speaker of the House.

 

      Prayer was offered by Representative Todd Lippert, District 20B, Northfield, Minnesota, and Community Minister at Mayflower United Church of Christ in Minneapolis.

 

      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

Agbaje

Akland

Anderson

Backer

Bahner

Bahr

Baker

Becker-Finn

Bennett

Berg

Bernardy

Bierman

Bliss

Boldon

Burkel

Carlson

Christensen

Daniels

Daudt

Davids

Davnie

Demuth

Dettmer

Drazkowski

Ecklund

Edelson

Elkins

Erickson

Feist

Fischer

Franke

Franson

Frazier

Frederick

Freiberg

Garofalo

Gomez

Green

Greenman

Grossell

Haley

Hamilton

Hansen, R.

Hanson, J.

Hassan

Hausman

Heinrich

Heintzeman

Her

Hertaus

Hollins

Hornstein

Howard

Huot

Igo

Johnson

Jordan

Jurgens

Keeler

Kiel

Klevorn

Koegel

Kotyza-Witthuhn

Koznick

Kresha

Lee

Liebling

Lillie

Lippert

Lislegard

Long

Lucero

Lueck

Marquart

Masin

McDonald

Mekeland

Miller

Moller

Moran

Morrison

Mortensen

Mueller

Munson

Murphy

Nash

Nelson, M.

Nelson, N.

Neu Brindley

Noor

Novotny

O'Driscoll

Olson, B.

Olson, L.

O'Neill

Pelowski

Petersburg

Pfarr

Pierson

Pinto

Poston

Pryor

Quam

Raleigh

Rasmusson

Reyer

Richardson

Robbins

Sandell

Sandstede

Schomacker

Schultz

Scott

Stephenson

Sundin

Swedzinski

Theis

Thompson

Torkelson

Urdahl

Vang

Wazlawik

West

Winkler

Wolgamott

Xiong, J.

Xiong, T.

Youakim

Spk. Hortman


 

      A quorum was present.

 

      Albright, Boe, Gruenhagen and Mariani were excused.

 

      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 - 37th Day - Tuesday, April 13, 2021 - Top of Page 3708

REPORTS OF CHIEF CLERK

 

      S. F. No. 524 and H. F. No. 1015, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

 

      Marquart moved that S. F. No. 524 be substituted for H. F. No. 1015 and that the House File be indefinitely postponed.  The motion prevailed.

 

 

REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

Marquart from the Committee on Taxes to which was referred:

 

H. F. No. 9, A bill for an act relating to elections; modifying provisions related to voter registration; absentee voting; establishing a system of early voting; eliminating a restriction on the number of voters an individual may assist on election day; requiring voting instructions, sample ballots, and election judges to be multilingual in certain situations; modifying standards governing access to Help America Vote Act funds; regulating intimidation, deceptive practices, and interference with voter registration and voting; campaign finance; regulating small donor political committees and funds; establishing a small donor state match program; establishing a Democracy Dollar coupon program; exempting certain candidate expenditures from aggregate expenditure limits; repealing the political contribution refund program; repealing the campaign public subsidy program; providing penalties; requiring reports; appropriating money; amending Minnesota Statutes 2020, sections 5.30, subdivision 2; 8.31, subdivision 1; 10A.01, subdivisions 11, 16a, by adding subdivisions; 10A.02, subdivision 13; 10A.15, subdivision 1; 10A.20, subdivision 3; 10A.25, by adding subdivisions; 10A.257, subdivision 1; 10A.31, subdivision 4; 10A.322, subdivision 1; 10A.323; 10A.34, subdivision 4; 13.607, by adding a subdivision; 135A.17, subdivision 2; 201.014, by adding a subdivision; 201.022, subdivision 1; 201.054, subdivisions 1, 2; 201.061, subdivisions 1, 3, by adding subdivisions; 201.071, subdivision 1; 201.091, subdivision 4; 201.161; 201.162; 203B.001; 203B.01, by adding a subdivision; 203B.03, subdivision 1; 203B.04, subdivision 5; 203B.05, subdivision 1; 203B.06, subdivisions 1, 3; 203B.07, subdivision 3; 203B.08, subdivisions 1, 3; 203B.12, subdivision 7; 203B.121, subdivisions 1, 2, 3, 4, 5, by adding a subdivision; 204B.28, subdivision 2; 204C.10; 204C.15, subdivision 1; 206.82, subdivision 1; 206.83; 211B.04, subdivisions 2, 3, by adding a subdivision; 211B.32, subdivision 1; 289A.37, subdivision 2; 289A.50, subdivision 1; 290.01, subdivision 6; 609.165, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 10A; 201; 203B; 204B; 211B; 243; proposing coding for new law as Minnesota Statutes, chapter 10B; repealing Minnesota Statutes 2020, sections 10A.31, subdivisions 5, 5a, 6, 6a, 7, 7a, 7b, 10, 11; 10A.315; 10A.321; 10A.322, subdivision 4; 10A.324, subdivisions 1, 3; 13.4967, subdivision 2; 203B.081, subdivision 3; 290.06, subdivision 23.

 

Reported the same back with the following amendments:

 

Page 42, delete article 4

 

Renumber the articles in sequence

 

Amend the title as follows:

 

Page 1, line 8, delete everything after "voting;" and insert "providing campaign finance changes;"

 

Page 1, delete lines 9 to 11


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Page 1, line 12, delete everything before "providing"

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.

 

      The report was adopted.

 

 

Marquart from the Committee on Taxes to which was referred:

 

H. F. No. 500, A bill for an act relating to public finance; modifying local government debt financing; amending Minnesota Statutes 2020, sections 297A.993, subdivision 2; 465.71; 475.56; 475.58, subdivision 3b; 475.60, subdivision 1; repealing Minnesota Statutes 2020, section 469.055, subdivision 7.

 

Reported the same back with the following amendments:

 

Page 1, after line 21, insert:

 

"Sec. 2.  Minnesota Statutes 2020, section 453A.04, subdivision 21, is amended to read:

 

Subd. 21.  All other powers Exercising powers of a municipal power agency.  It may exercise all other powers not inconsistent with the Constitution of the state of Minnesota or the United States Constitution, which powers may be reasonably necessary or appropriate for or incidental to the effectuation of its authorized purposes or to the exercise of any of the powers enumerated in this section, and generally may exercise in connection with its property and affairs, and in connection with property within its control, any and all powers which might be exercised by a natural person or a private corporation in connection with similar property and affairs.  It may exercise the powers of a municipal power agency under chapter 453 for the limited purpose of engaging in tax-exempt prepayments and related transactions as described in section 148(b)(4) of the Internal Revenue Code of 1986, as amended, and the Code of Federal Regulations, title 26, part 1, section 1.148-1(e)(2)(iii), both as may be amended from time to time, or as may otherwise be authorized by statute or the Commissioner of Internal Revenue.

 

Sec. 3.  Minnesota Statutes 2020, section 453A.04, is amended by adding a subdivision to read:

 

Subd. 22.  All other powers.  It may exercise all other powers not inconsistent with the Constitution of the state of Minnesota or the United States Constitution, which powers may be reasonably necessary or appropriate for or incidental to the effectuation of its authorized purposes or to the exercise of any of the powers enumerated in this section, and generally may exercise in connection with its property and affairs, and in connection with property within its control, any and all powers which might be exercised by a natural person or a private corporation in connection with similar property and affairs."

 

Page 2, delete section 3 and insert:

 

"Sec. 5.  Minnesota Statutes 2020, section 475.56, is amended to read:

 

475.56 INTEREST RATE.

 

(a) Any municipality issuing obligations under any law may issue obligations bearing interest at a single rate or at rates varying from year to year which may be lower or higher in later years than in earlier years.  Such higher rate for any period prior to maturity may be represented in part by separate coupons designated as additional coupons,


Journal of the House - 37th Day - Tuesday, April 13, 2021 - Top of Page 3710

extra coupons, or B coupons, but the The highest aggregate rate of interest contracted to be so paid for any period shall not exceed the maximum rate authorized by law.  Such higher rate may also be represented in part by the issuance of additional obligations of the same series, over and above but not exceeding two percent of the amount otherwise authorized to be issued, and the amount of such additional obligations shall not be included in the amount required by section 475.59 to be stated in any bond resolution, notice, or ballot, or in the sale price required by section 475.60 or any other law to be paid; but if the principal amount of the entire series exceeds its cash sale price, such excess shall not, when added to the total amount of interest payable on all obligations of the series to their stated maturity dates, cause and the average annual rate of such interest to may not exceed the maximum rate authorized by law.  This section does not authorize a provision in any such obligations for the payment of a higher rate of interest after maturity than before.

 

(b) Any municipality issuing obligations under any law may sell original issue discount or premium obligations having a stated principal amount in excess of the authorized amount and the sale price, provided that:.  To determine the average annual rate of interest on the obligations, any discount shall be added to, and any premium subtracted from, the total amount of interest on the obligations to their stated maturity dates.

 

(1) the sale price does not exceed by more than two percent the amount of obligations otherwise authorized to be issued;

 

(2) the underwriting fee, discount, or other sales or underwriting commission does not exceed two percent of the sale price; and

 

(3) the discount rate necessary to present value total principal and interest payments over the term of the issue to the sale price does not exceed the lesser of the maximum rate permitted by law for municipal obligations or ten percent.

 

(c) Any obligation may bear interest at a rate varying periodically at the time or times and on the terms, including convertibility to a fixed rate of interest, determined by the governing body of the municipality, but the rate of interest for any period shall not exceed any maximum rate of interest for the obligations established by law.  For purposes of section 475.61, subdivisions 1 and 3, the interest payable on variable rate obligations for their term shall be determined as if their rate of interest is the lesser of the maximum rate of interest payable on the obligations in accordance with their terms or the rate estimated for such purpose by the governing body, but if the interest rate is subsequently converted to a fixed rate the levy may be modified to provide at least five percent in excess of amounts necessary to pay principal of and interest at the fixed rate on the obligations when due.  For purposes of computing debt service or interest pursuant to section 475.67, subdivision 12, interest throughout the term of bonds issued pursuant to this subdivision is deemed to accrue at the rate of interest first borne by the bonds.  The provisions of this paragraph do not apply to general obligations issued by a statutory or home rule charter city with a population of less than 7,500, as defined in section 477A.011, subdivision 3, or to general obligations that are not rated A or better, or an equivalent subsequently established rating, by Standard and Poor's Corporation, Moody's Investors Service or other similar nationally recognized rating agency, except that any statutory or home rule charter city, regardless of population or bond rating, may issue variable rate obligations as a participant in a bond pooling program established by the League of Minnesota Cities that meets this bond rating requirement."

 

Page 5, after line 12, insert:

 

"Sec. 8.  Minnesota Statutes 2020, section 475.67, subdivision 8, is amended to read:

 

Subd. 8.  Escrow account securities.  Securities purchased for the escrow account shall be limited to:

 

(1) general obligations of the United States, securities whose principal and interest payments are guaranteed by the United States, including but not limited to Resolution Funding Corporation Interest Separate Trading of Registered Interest and Principal of Securities (STRIPS) and United States Agency for International Development


Journal of the House - 37th Day - Tuesday, April 13, 2021 - Top of Page 3711

Bonds or STRIPS, and securities issued by the following agencies of the United States:  Banks for Cooperatives, United States government-sponsored enterprises including but not limited to Federal Home Loan Banks, Federal Intermediate Credit Banks, Federal Land Banks, and the Federal Farm Credit System, the Federal National Mortgage Association, or the Federal Home Loan Mortgage Corporation; or

 

(2) obligations issued or guaranteed by any state or any political subdivision of a state, which at the date of purchase are rated in the highest or the next highest rating category by Standard and Poor's Corporation, Moody's Investors Service, or a similar nationally recognized rating agency, but not less than the rating on the refunded bonds immediately prior to the refunding.

 

"Rating category," as used in this subdivision, means a generic securities rating category, without regard in the case of a long-term rating category to any refinement or gradation of such long-term rating category by a numerical modifier or otherwise."

 

Renumber the sections in sequence

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.

 

      The report was adopted.

 

 

Hansen, R., from the Committee on Environment and Natural Resources Finance and Policy to which was referred:

 

H. F. No. 600, A bill for an act relating to cannabis; establishing the Cannabis Management Board; establishing advisory councils; requiring reports relating to cannabis use and sales; legalizing and limiting the possession and use of cannabis by adults; providing for the licensing, inspection, and regulation of cannabis businesses; requiring testing of cannabis and cannabis products; requiring labeling of cannabis and cannabis products; limiting the advertisement of cannabis, cannabis products, and cannabis businesses; providing for the cultivation of cannabis in private residences; transferring regulatory authority for the medical cannabis program; taxing the sale of adult-use cannabis; establishing grant and loan programs; amending criminal penalties; establishing expungement procedures for certain individuals; establishing labor standards for the use of cannabis by employees and testing of employees; creating a civil cause of action for certain nuisances; amending the scheduling of marijuana and tetrahydrocannabinols; classifying data; appropriating money; amending Minnesota Statutes 2020, sections 13.411, by adding a subdivision; 13.871, by adding a subdivision; 152.02, subdivisions 2, 4; 152.022, subdivisions 1, 2; 152.023, subdivisions 1, 2; 152.024, subdivision 1; 152.025, subdivisions 1, 2; 181.938, subdivision 2; 181.950, subdivisions 2, 4, 5, 8, 13, by adding a subdivision; 181.951, by adding subdivisions; 181.952, by adding a subdivision; 181.953; 181.954; 181.955; 181.957, subdivision 1; 244.05, subdivision 2; 256.01, subdivision 18c; 256D.024, subdivision 1; 256J.26, subdivision 1; 290.0132, subdivision 29; 290.0134, subdivision 19; 297A.61, subdivision 12; 609.135, subdivision 1; 609.531, subdivision 1; 609.5311, subdivision 1; 609.5314, subdivision 1; 609.5316, subdivision 2; 609.5317, subdivision 1; 609A.01; 609A.03, subdivisions 5, 9; proposing coding for new law in Minnesota Statutes, chapters 17; 28A; 34A; 116J; 116L; 120B; 144; 152; 295; 604; 609A; proposing coding for new law as Minnesota Statutes, chapter 342; repealing Minnesota Statutes 2020, sections 152.027, subdivisions 3, 4; 152.22, subdivisions 1, 2, 3, 4, 5, 5a, 5b, 6, 7, 8, 9, 10, 11, 12, 13, 14; 152.23; 152.24; 152.25, subdivisions 1, 1a, 1b, 1c, 2, 3, 4; 152.26; 152.261; 152.27, subdivisions 1, 2, 3, 4, 5, 6, 7; 152.28, subdivisions 1, 2, 3; 152.29, subdivisions 1, 2, 3, 3a, 4; 152.30; 152.31; 152.32, subdivisions 1, 2, 3; 152.33, subdivisions 1, 1a, 2, 3, 4, 5, 6; 152.34; 152.35; 152.36, subdivisions 1, 1a, 2, 3, 4, 5; 152.37; Minnesota Rules, parts 4770.0100; 4770.0200; 4770.0300; 4770.0400; 4770.0500; 4770.0600; 4770.0800; 4770.0900; 4770.1000; 4770.1100; 4770.1200;


Journal of the House - 37th Day - Tuesday, April 13, 2021 - Top of Page 3712

4770.1300; 4770.1400; 4770.1460; 4770.1500; 4770.1600; 4770.1700; 4770.1800; 4770.1900; 4770.2000; 4770.2100; 4770.2200; 4770.2300; 4770.2400; 4770.2700; 4770.2800; 4770.4000; 4770.4002; 4770.4003; 4770.4004; 4770.4005; 4770.4007; 4770.4008; 4770.4009; 4770.4010; 4770.4012; 4770.4013; 4770.4014; 4770.4015; 4770.4016; 4770.4017; 4770.4018; 4770.4030.

 

Reported the same back with the following amendments:

 

Page 11, line 19, delete "two" and insert "three"

 

Page 11, line 20, delete "two" and insert "three"

 

Page 14, line 22, before "The" insert "(a)"

 

Page 14, after line 30, insert:

 

"(8) the commissioner of the Pollution Control Agency, or a designee;"

 

Renumber the clauses in sequence

 

Page 15, after line 26, insert:

 

"(b) While serving on the Cannabis Advisory Council and within two years after terminating service, council members may not serve as a lobbyist, as defined under section 10A.01, subdivision 21."

 

Page 18, line 22, after "OF" insert "CANNABIS AND CANNABIS"

 

Page 18, line 23, after "approve" insert "cannabis and"

 

Page 19, after line 2, insert:

 

"(c) The board shall not approve any cannabis, or any cannabis product intended to be consumed by combustion or vaporization of the product and inhalation of smoke, aerosol, or vapor from the product, that imparts a taste or smell, other than the taste or smell of cannabis, that is distinguishable by an ordinary person prior to or during consumption of the product, designed or likely to appeal to persons under age 21.

 

(d) The board may adopt rules to limit or prohibit ingredients in or additives to cannabis or cannabis products in order to ensure that cannabis and cannabis products comply with the limitations in paragraph (c)."

 

Page 19, after line 28, insert:

 

"Subd. 5.  Applicability; federal, state, and local laws.  A cannabis business must comply with all applicable federal, state, and local laws related to the subjects of subdivisions 1 to 4.

 

Subd. 6.  Rulemaking.  (a) The board may only adopt a rule under this section if it is consistent with and at least as stringent as applicable state and federal laws related to the subjects of subdivisions 1 to 4.

 

(b) The board must coordinate and consult with a department or agency of the state of Minnesota regarding the development and implementation of a rule under this section if the department or agency has an expertise or regulatory interest in the subject matter of the rule."


Journal of the House - 37th Day - Tuesday, April 13, 2021 - Top of Page 3713

Page 61, delete subdivision 1 and insert:

 

"Subdivision 1.  Authorized actions.  A cannabis delivery service license entitles the license holder to purchase cannabis, cannabis products, and medical cannabis from licensed cannabis retailers, licensed cannabis microbusinesses with an endorsement to sell cannabis and cannabis products to customers, and medical cannabis businesses; transport and deliver cannabis, cannabis products, and medical cannabis to customers; and perform other actions approved by the board."

 

Page 62, delete subdivision 1 and insert:

 

"Subdivision 1.  Age or registry verification.  Prior to completing delivery, a cannabis delivery service shall verify that the customer is at least 21 years of age or is enrolled in the registry program.  The provisions of section 342.27, subdivision 3, apply to the verification of a customer's age.  Registry verification issued by the Office of Medical Cannabis may be considered evidence that the person is enrolled in the registry program."

 

Page 63, line 3, after "age" insert "or enrolled in the registry program"

 

Page 70, delete subdivision 8 and insert:

 

"Subd. 8.  Medical cannabis; allowable delivery methods.  (a) A patient may administer medical cannabis by smoking or by a vaporized delivery method.

 

(b) A patient may administer a medical cannabis product using a form and delivery method listed in section 342.01, subdivision 34."

 

Page 72, line 25, after the semicolon, insert "and"

 

Page 72, delete lines 26 and 27

 

Page 72, line 28, delete "(3)" and insert "(2)"

 

Page 93, after line 16, insert:

 

"Sec. 57.  [342.72] SUBSTANCE USE DISORDER TREATMENT AND PREVENTION GRANTS.

 

Subdivision 1.  Account established; appropriation.  A substance use disorder treatment and prevention grant account is created in the special revenue fund.  Money in the account, including interest earned, is appropriated to the board for the purposes specified in this section.

 

Subd. 2.  Acceptance of gifts and grants.  Notwithstanding sections 16A.013 to 16A.016, the board may accept funds contributed by individuals and may apply for grants from charitable foundations to be used for the purposes identified in this section.  The funds accepted under this section must be deposited in the substance use disorder treatment and prevention grant account created under subdivision 1.

 

Subd. 3.  Disposition of money; grants.  (a) Money in the substance use disorder treatment and prevention grant account must be distributed as follows:

 

(1) 75 percent of the money is for grants for substance use disorder treatment, as defined in section 245G.01, subdivision 24, and may be used for substance use disorder treatment provider rate increases.  The board shall consult with the commissioner of human services to determine appropriate provider rate increases or modifications to existing payment methodologies;


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(2) 20 percent of the money is for grants for substance use disorder prevention; and

 

(3) five percent of the money is for grants to educate pregnant women, breastfeeding women, and women who may become pregnant on the adverse health effects of cannabis and cannabis products.

 

(b) The board shall consult with the commissioner of human services, the commissioner of health, and the Substance Use Disorder Advisory Council to develop an appropriate application process, establish grant requirements, determine what organizations are eligible to receive grants, and establish reporting requirements for grant recipients.

 

Subd. 4.  Reports to the legislature.  By January 15, 2023, and each January 15 thereafter, the board must submit a report to the chairs and ranking minority members of the committees of the house of representatives and the senate having jurisdiction over health and human services policy and finance that details grants awarded from the substance use disorder treatment and prevention grant account including the total amount awarded, total number of recipients, and geographic distribution of those recipients."

 

Page 93, line 17, delete "ADULT-USE CANNABIS"

 

Page 93, line 19, delete "Adult-Use Cannabis"

 

Page 93, line 21, delete "related to cannabis"

 

Page 93, line 22, delete "use"

 

Page 93, line 24, delete "related to cannabis use"

 

Page 93, line 26, delete "related to cannabis use"

 

Page 93, line 29, delete "related to cannabis use"

 

Page 94, line 25, delete "and"

 

Page 94, line 27, delete the period and insert a semicolon

 

Page 94, after line 27, insert:

 

"(15) one veteran; and

 

(16) one parent of a medical cannabis patient who is under age 21."

 

Page 96, line 21, delete "ADULT-USE CANNABIS"

 

Page 96, line 23, delete "Adult-Use"

 

Page 96, line 24, delete "Cannabis"

 

Page 96, delete article 2 and insert:

 

"ARTICLE 2

TAXES

 

Section 1.  [289A.33] FILING REQUIREMENTS AND DUE DATES; SPECIAL RULES.


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A cannabis business as defined by section 342.01, subdivision 12, required to collect and remit the taxes imposed under section 295.81, or chapters 290 and 297A, is not subject to the electronic remittance requirements imposed by this chapter.  A cannabis business must file returns and remit taxes lawfully due in the form and manner prescribed by the commissioner of revenue.

 

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

 

Sec. 2.  Minnesota Statutes 2020, section 290.0132, subdivision 29, is amended to read:

 

Subd. 29.  Disallowed section 280E expenses; medical cannabis manufacturers.  The amount of expenses of a medical cannabis manufacturer, as defined under section 152.22, subdivision 7, related to the business of medical cannabis under sections 152.21 to 152.37, or a license holder under chapter 342, related to the business of nonmedical cannabis under that chapter, and not allowed for federal income tax purposes under section 280E of the Internal Revenue Code is a subtraction.

 

EFFECTIVE DATE.  This section is effective for taxable years beginning after December 31, 2021.

 

Sec. 3.  Minnesota Statutes 2020, section 290.0134, subdivision 19, is amended to read:

 

Subd. 19.  Disallowed section 280E expenses; medical cannabis manufacturers.  The amount of expenses of a medical cannabis manufacturer, as defined under section 152.22, subdivision 7, related to the business of medical cannabis under sections 152.21 to 152.37, or a license holder under chapter 342, related to the business of nonmedical cannabis under that chapter, and not allowed for federal income tax purposes under section 280E of the Internal Revenue Code is a subtraction.

 

EFFECTIVE DATE.  This section is effective for taxable years beginning after December 31, 2021.

 

Sec. 4.  [295.81] CANNABIS AND CANNABIS PRODUCTS GROSS RECEIPTS TAX.

 

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

 

(b) "Adult-use cannabis" has the meaning given in section 342.01, subdivision 2.

 

(c) "Adult-use cannabis product" has the meaning given in section 342.01, subdivision 4.

 

(d) "Cannabis microbusiness" means a cannabis business licensed under section 342.34.

 

(e) "Cannabis retailer" means a retailer that is licensed under section 342.26 to sell adult-use cannabis and adult‑use cannabis products.

 

(f) "Commissioner" means the commissioner of revenue.

 

(g) "Gross receipts" means the total amount received, in money or by barter or exchange, for all adult-use cannabis and adult-use cannabis product sales at retail as measured by the sales price, but does not include any taxes imposed directly on the customer that are separately stated on the invoice, bill of sale, or similar document given to the purchaser.

 

(h) "Heat device" means any electronic heat device, heat system, or similar product or device meant to be used with cannabis to produce a vapor or aerosol when sold with adult-use cannabis.  A heat device includes any batteries, heating elements, components, parts, accessories, or other items that are packaged with, connected to, attached to, or contained within the product or device.


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(i) "On-site sale" means the sale of adult-use cannabis or adult-use cannabis products for consumption on the premises of a cannabis microbusiness.

 

(j) "Retail sale" has the meaning given in section 297A.61, subdivision 4.

 

Subd. 2.  Gross receipts tax imposed.  (a) A tax equal to ten percent of gross receipts from retail and on-site sales in Minnesota of adult-use cannabis, adult-use cannabis products, and any heat devices containing adult-use cannabis is imposed on any cannabis retailer or cannabis microbusiness that sells these products to customers.  A cannabis retailer or cannabis microbusiness may but is not required to collect the tax imposed by this section from the purchaser as long as the tax is separately stated on the receipt, invoice, bill of sale, or similar document given to the purchaser.

 

(b) The tax under paragraph (a) is imposed on the use or storage of adult-use cannabis or adult-use cannabis products by a customer in Minnesota.  Liability for the tax is incurred when the person has possession of the adult‑use cannabis or adult-use cannabis product in Minnesota.  The tax does not apply if the tax under paragraph (a) has been paid by a cannabis retailer or cannabis microbusiness in this state.

 

(c) A person who has paid taxes to another jurisdiction on the same transaction and is subject to tax under this section is entitled to a credit for the tax legally due and paid to another jurisdiction to the extent of the lesser of (1) the tax actually paid to the other jurisdiction, or (2) the amount of tax imposed by Minnesota on the transaction subject to tax in the other jurisdiction.

 

(d) The tax imposed under this section is in addition to any other tax imposed on the sale or use of adult-use cannabis or adult-use cannabis products and heat devices.

 

(e) All of the provisions of section 297A.668 apply to the taxes imposed by this section.

 

Subd. 3.  Exemptions.  (a) The use tax imposed under subdivision 2, paragraph (b), does not apply to the possession, use, or storage of adult-use cannabis or adult-use cannabis products if (1) the adult-use cannabis or adult-use cannabis products have an aggregate cost in any calendar month to the customer of $100 or less, and (2) the adult-use cannabis or adult-use cannabis products were carried into this state by the customer.

 

(b) The tax imposed under this section does not apply to sales of medical cannabis and medical cannabis products purchased by or for the patients enrolled in the registry program.

 

Subd. 4.  Administration.  Unless specifically provided otherwise, the audit, assessment, refund, penalty, interest, enforcement, collection remedies, appeal, and administrative provisions of chapters 270C and 289A, that are applicable to taxes imposed under chapter 297A, except the requirement to file returns and remit taxes due electronically, apply to the tax imposed under this section.

 

Subd. 5.  Returns; payment of tax.  (a) A cannabis retailer or cannabis microbusiness must report the tax on a return prescribed by the commissioner and must remit the tax with the return.  The return and the tax must be filed and paid using the filing cycle and due dates provided for taxes imposed under section 289A.20, subdivision 4, and chapter 297A.

 

(b) Interest must be paid on an overpayment refunded or credited to the taxpayer from the date of payment of the tax until the date the refund is paid or credited.  For purposes of this subdivision, the date of payment is the due date of the return or the date of actual payment of the tax, whichever is later.

 

Subd. 6.  Deposit of revenues.  The commissioner must deposit all revenues, including penalties and interest, derived from the tax imposed by this section in the general fund.

 

EFFECTIVE DATE.  This section is effective for gross receipts received after December 31, 2022.


Journal of the House - 37th Day - Tuesday, April 13, 2021 - Top of Page 3717

Sec. 5.  Minnesota Statutes 2020, section 297A.67, subdivision 2, is amended to read:

 

Subd. 2.  Food and food ingredients.  Except as otherwise provided in this subdivision, food and food ingredients are exempt.  For purposes of this subdivision, "food" and "food ingredients" mean substances, whether in liquid, concentrated, solid, frozen, dried, or dehydrated form, that are sold for ingestion or chewing by humans and are consumed for their taste or nutritional value.  Food and food ingredients exempt under this subdivision do not include candy, soft drinks, dietary supplements, and prepared foods.  Food and food ingredients do not include alcoholic beverages and tobacco.  Food and food ingredients do not include adult-use cannabis and adult-use cannabis products.  For purposes of this subdivision, "adult-use cannabis" has the meaning given in section 342.01, subdivision 2, and "adult-use cannabis products" has the meaning given in section 342.01, subdivision 4.  For purposes of this subdivision, "alcoholic beverages" means beverages that are suitable for human consumption and contain one-half of one percent or more of alcohol by volume.  For purposes of this subdivision, "tobacco" means cigarettes, cigars, chewing or pipe tobacco, or any other item that contains tobacco.  For purposes of this subdivision, "dietary supplements" means any product, other than tobacco, intended to supplement the diet that:

 

(1) contains one or more of the following dietary ingredients:

 

(i) a vitamin;

 

(ii) a mineral;

 

(iii) an herb or other botanical;

 

(iv) an amino acid;

 

(v) a dietary substance for use by humans to supplement the diet by increasing the total dietary intake; and

 

(vi) a concentrate, metabolite, constituent, extract, or combination of any ingredient described in items (i) to (v);

 

(2) is intended for ingestion in tablet, capsule, powder, softgel, gelcap, or liquid form, or if not intended for ingestion in such form, is not represented as conventional food and is not represented for use as a sole item of a meal or of the diet; and

 

(3) is required to be labeled as a dietary supplement, identifiable by the supplement facts box found on the label and as required pursuant to Code of Federal Regulations, title 21, section 101.36.

 

EFFECTIVE DATE.  This section is effective for sales and purchases made after December 31, 2022.

 

Sec. 6.  Minnesota Statutes 2020, section 297A.67, subdivision 7, is amended to read:

 

Subd. 7.  Drugs; medical devices.  (a) Sales of the following drugs and medical devices for human use are exempt:

 

(1) drugs, including over-the-counter drugs;

 

(2) single-use finger-pricking devices for the extraction of blood and other single-use devices and single-use diagnostic agents used in diagnosing, monitoring, or treating diabetes;

 

(3) insulin and medical oxygen for human use, regardless of whether prescribed or sold over the counter;

 

(4) prosthetic devices;


Journal of the House - 37th Day - Tuesday, April 13, 2021 - Top of Page 3718

(5) durable medical equipment for home use only;

 

(6) mobility enhancing equipment;

 

(7) prescription corrective eyeglasses; and

 

(8) kidney dialysis equipment, including repair and replacement parts.

 

(b) Items purchased in transactions covered by:

 

(1) Medicare as defined under title XVIII of the Social Security Act, United States Code, title 42, section 1395, et seq.; or

 

(2) Medicaid as defined under title XIX of the Social Security Act, United States Code, title 42, section 1396, et seq.

 

(c) For purposes of this subdivision:

 

(1) "Drug" means a compound, substance, or preparation, and any component of a compound, substance, or preparation, other than food and food ingredients, dietary supplements, adult-use cannabis, adult-use cannabis products, or alcoholic beverages that is:

 

(i) recognized in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, and supplement to any of them;

 

(ii) intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease; or

 

(iii) intended to affect the structure or any function of the body.

 

(2) "Durable medical equipment" means equipment, including repair and replacement parts, including single‑patient use items, but not including mobility enhancing equipment, that:

 

(i) can withstand repeated use;

 

(ii) is primarily and customarily used to serve a medical purpose;

 

(iii) generally is not useful to a person in the absence of illness or injury; and

 

(iv) is not worn in or on the body.

 

For purposes of this clause, "repair and replacement parts" includes all components or attachments used in conjunction with the durable medical equipment, including repair and replacement parts which are for single patient use only.

 

(3) "Mobility enhancing equipment" means equipment, including repair and replacement parts, but not including durable medical equipment, that:

 

(i) is primarily and customarily used to provide or increase the ability to move from one place to another and that is appropriate for use either in a home or a motor vehicle;

 

(ii) is not generally used by persons with normal mobility; and

 

(iii) does not include any motor vehicle or equipment on a motor vehicle normally provided by a motor vehicle manufacturer.


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(4) "Over-the-counter drug" means a drug that contains a label that identifies the product as a drug as required by Code of Federal Regulations, title 21, section 201.66.  The label must include a "drug facts" panel or a statement of the active ingredients with a list of those ingredients contained in the compound, substance, or preparation.  Over‑the-counter drugs do not include grooming and hygiene products, regardless of whether they otherwise meet the definition.  "Grooming and hygiene products" are soaps, cleaning solutions, shampoo, toothpaste, mouthwash, antiperspirants, and suntan lotions and sunscreens.

 

(5) "Prescribed" and "prescription" means a direction in the form of an order, formula, or recipe issued in any form of oral, written, electronic, or other means of transmission by a duly licensed health care professional.

 

(6) "Prosthetic device" means a replacement, corrective, or supportive device, including repair and replacement parts, worn on or in the body to:

 

(i) artificially replace a missing portion of the body;

 

(ii) prevent or correct physical deformity or malfunction; or

 

(iii) support a weak or deformed portion of the body.

 

Prosthetic device does not include corrective eyeglasses.

 

(7) "Kidney dialysis equipment" means equipment that:

 

(i) is used to remove waste products that build up in the blood when the kidneys are not able to do so on their own; and

 

(ii) can withstand repeated use, including multiple use by a single patient, notwithstanding the provisions of clause (2).

 

(8) A transaction is covered by Medicare or Medicaid if any portion of the cost of the item purchased in the transaction is paid for or reimbursed by the federal government or the state of Minnesota pursuant to the Medicare or Medicaid program, by a private insurance company administering the Medicare or Medicaid program on behalf of the federal government or the state of Minnesota, or by a managed care organization for the benefit of a patient enrolled in a prepaid program that furnishes medical services in lieu of conventional Medicare or Medicaid coverage pursuant to agreement with the federal government or the state of Minnesota.

 

EFFECTIVE DATE.  This section is effective for sales and purchases made after December 31, 2022.

 

Sec. 7.  Minnesota Statutes 2020, section 297A.99, is amended by adding a subdivision to read:

 

Subd. 4a.  Adult-use cannabis local tax prohibited.  A political subdivision of this state is prohibited from imposing a tax under this section solely on the sale of adult-use cannabis and adult-use cannabis products.

 

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

 

Sec. 8.  Minnesota Statutes 2020, section 297D.01, subdivision 2, is amended to read:

 

Subd. 2.  Controlled substance.  "Controlled substance" means any drug or substance, whether real or counterfeit, as defined in section 152.01, subdivision 4, that is held, possessed, transported, transferred, sold, or offered to be sold in violation of Minnesota laws.  "Controlled substance" does not include marijuana cannabis as defined in section 342.01, subdivision 11, or cannabis products as defined in section 342.01, subdivision 16.

 

EFFECTIVE DATE.  This section is effective January 1, 2023.


Journal of the House - 37th Day - Tuesday, April 13, 2021 - Top of Page 3720

Sec. 9.  Minnesota Statutes 2020, section 297D.04, is amended to read:

 

297D.04 TAX PAYMENT REQUIRED FOR POSSESSION.

 

No tax obligor may possess any marijuana or controlled substance upon which a tax is imposed by section 297D.08 unless the tax has been paid on the marijuana or other controlled substance as evidenced by a stamp or other official indicia.

 

EFFECTIVE DATE.  This section is effective January 1, 2023.

 

Sec. 10.  Minnesota Statutes 2020, section 297D.06, is amended to read:

 

297D.06 PHARMACEUTICALS.

 

Nothing in this chapter requires persons registered under chapter 151 or otherwise lawfully in possession of marijuana or a controlled substance to pay the tax required under this chapter.

 

EFFECTIVE DATE.  This section is effective January 1, 2023.

 

Sec. 11.  Minnesota Statutes 2020, section 297D.07, is amended to read:

 

297D.07 MEASUREMENT.

 

For the purpose of calculating the tax under section 297D.08, a quantity of marijuana or other a controlled substance is measured by the weight of the substance whether pure or impure or dilute, or by dosage units when the substance is not sold by weight, in the tax obligor's possession.  A quantity of a controlled substance is dilute if it consists of a detectable quantity of pure controlled substance and any excipients or fillers.

 

EFFECTIVE DATE.  This section is effective January 1, 2023.

 

Sec. 12.  Minnesota Statutes 2020, section 297D.08, is amended to read:

 

297D.08 TAX RATE.

 

A tax is imposed on marijuana and controlled substances as defined in section 297D.01 at the following rates:

 

(1) on each gram of marijuana, or each portion of a gram, $3.50; and

 

(2) (1) on each gram of controlled substance, or portion of a gram, $200; or

 

(3) (2) on each ten dosage units of a controlled substance that is not sold by weight, or portion thereof, $400.

 

EFFECTIVE DATE.  This section is effective January 1, 2023.

 

Sec. 13.  Minnesota Statutes 2020, section 297D.085, is amended to read:

 

297D.085 CREDIT FOR PREVIOUSLY PAID TAXES.

 

If another state or local unit of government has previously assessed an excise tax on the marijuana or controlled substances, the taxpayer must pay the difference between the tax due under section 297D.08 and the tax previously paid.  If the tax previously paid to the other state or local unit of government was equal to or greater than the tax due under section 297D.08, no tax is due.  The burden is on the taxpayer to show that an excise tax on the marijuana or controlled substances has been paid to another state or local unit of government.

 

EFFECTIVE DATE.  This section is effective January 1, 2023.


Journal of the House - 37th Day - Tuesday, April 13, 2021 - Top of Page 3721

Sec. 14.  Minnesota Statutes 2020, section 297D.09, subdivision 1a, is amended to read:

 

Subd. 1a.  Criminal penalty; sale without affixed stamps.  In addition to the tax penalty imposed, a tax obligor distributing or possessing marijuana or controlled substances without affixing the appropriate stamps, labels, or other indicia is guilty of a crime and, upon conviction, may be sentenced to imprisonment for not more than seven years or to payment of a fine of not more than $14,000, or both.

 

EFFECTIVE DATE.  This section is effective January 1, 2023.

 

Sec. 15.  Minnesota Statutes 2020, section 297D.10, is amended to read:

 

297D.10 STAMP PRICE.

 

Official stamps, labels, or other indicia to be affixed to all marijuana or controlled substances shall be purchased from the commissioner.  The purchaser shall pay 100 percent of face value for each stamp, label, or other indicia at the time of the purchase.

 

EFFECTIVE DATE.  This section is effective January 1, 2023.

 

Sec. 16.  Minnesota Statutes 2020, section 297D.11, is amended to read:

 

297D.11 PAYMENT DUE.

 

Subdivision 1.  Stamps affixed.  When a tax obligor purchases, acquires, transports, or imports into this state marijuana or controlled substances on which a tax is imposed by section 297D.08, and if the indicia evidencing the payment of the tax have not already been affixed, the tax obligor shall have them permanently affixed on the marijuana or controlled substance immediately after receiving the substance.  Each stamp or other official indicia may be used only once.

 

Subd. 2.  Payable on possession.  Taxes imposed upon marijuana or controlled substances by this chapter are due and payable immediately upon acquisition or possession in this state by a tax obligor.

 

EFFECTIVE DATE.  This section is effective January 1, 2023.

 

Sec. 17.  REPEALER.

 

Minnesota Statutes 2020, section 297D.01, subdivision 1, is repealed.

 

EFFECTIVE DATE.  This section is effective January 1, 2023."

 

Page 124, line 17, before "supervised" insert "parole," and after "release" insert ", or conditional release"

 

Page 124, after line 22, insert:

 

"(c) The commissioner of corrections shall not prohibit an inmate placed on parole, supervised release, or conditional release from participating in the registry program as defined in section 342.01, subdivision 42, as a condition of release or revoke a patient's parole, supervised release, or conditional release or otherwise sanction a patient on parole, supervised release, or conditional release solely for participating in the registry program or for a positive drug test for cannabis components or metabolites."


Journal of the House - 37th Day - Tuesday, April 13, 2021 - Top of Page 3722

Page 125, after line 34, insert:

 

"(f) A court shall not impose an intermediate sanction that has the effect of prohibiting a person from participating in the registry program as defined in section 342.01, subdivision 42."

 

Page 139, delete subdivision 1 and insert:

 

"Subdivision 1.  Model program.  The commissioner of education, in consultation with the commissioners of health and human services, local district and school health education specialists, and other qualified experts, shall identify one or more model programs that may be used to educate middle school and high school students on the health effects on children and adolescents of cannabis use and substance use consistent with local standards as required in section 120B.021, subdivision 1, paragraph (a), clause (6), for elementary and secondary school students.  The commissioner must provide school districts and charter schools with access to the model programs, including written materials, curriculum resources, and training for instructors, by June 1, 2023.  A model program identified by the commissioner must be medically accurate, age and developmentally appropriate, culturally inclusive, and grounded in science, and must address:

 

(1) physical and mental health effects of cannabis use and substance use by children and adolescents, including effects on the developing brains of children and adolescents;

 

(2) unsafe or unhealthy behaviors associated with cannabis use and substance use;

 

(3) signs of substance use disorders;

 

(4) treatment options; and

 

(5) healthy coping strategies for children and adolescents."

 

Page 139, line 29, before "Starting" insert "(a)" and delete "2023-2024" and insert "2024-2025"

 

Page 140, after line 6, insert:

 

"(b) District efforts to develop, implement, or improve instruction or curriculum as a result of the provisions of this section must be consistent with sections 120B.10 and 120B.11."

 

Page 140, delete subdivision 3 and insert:

 

"Subd. 3.  Parental review.  Notwithstanding any law to the contrary, each school district shall have a procedure for a parent, a guardian, or an adult student 18 years of age or older, to review the content of the instructional materials to be provided to a minor child or to an adult student pursuant to this section.  The district or charter school must allow a parent or adult student to opt out of instruction under this section with no academic or other penalty for the student and must inform parents and adult students of this right to opt out."

 

Page 142, line 5, delete "cannabis" and insert "substance"

 

Page 142, line 6, delete "cannabis" and insert "substance"

 

Page 177, line 28, delete "Adult-Use"

 

Page 177, line 29, delete "Cannabis"


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Page 178, after line 10, insert:

 

"Subd. 9.  Substance use disorder treatment and prevention grant account.  Money for substance use disorder treatment and prevention must be transferred from the general fund to the substance use disorder treatment and prevention grant account established under Minnesota Statutes, section 342.72.  The base for this transfer is $4,000,000 in fiscal year 2024 and $16,000,000 in fiscal year 2025."

 

Renumber the sections in sequence and correct the internal references

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Judiciary Finance and Civil Law.

 

      The report was adopted.

 

 

Moran from the Committee on Ways and Means to which was referred:

 

H. F. No. 1077, A bill for an act relating to housing; establishing a budget for the Minnesota Housing Finance Agency; adopting housing finance agency policy provisions; expanding eligibility requirements for certain affordable housing, workforce housing, and disaster recovery programs; increasing the agency debt limit; increasing the individual and family household income limits under the community land trusts program; expanding requirements and uses and loan amount under the rehabilitation loan program; expanding allowable uses of housing infrastructure bonds; refunding certain deposits to bond issuers; creating the lead safe homes grant program; creating the Naturally Occurring Affordable Housing grant program; establishing a task force on shelter resident rights and shelter provider practices; expanding rental lease covenants and remedies available to tenants; expanding accommodation requirements for service and support animals; expanding procedural and reporting requirements for evictions; limiting public access to pending eviction actions; expanding eligibility for certain expungements of eviction case files; permitting manufactured homes affixed to certain property to be deemed an improvement to real property; providing residents an opportunity to purchase manufactured home parks; making technical and conforming changes; appropriating money; amending Minnesota Statutes 2020, sections 12A.09, subdivision 3; 256C.02; 273.11, subdivision 12; 273.125, subdivision 8; 363A.09, subdivision 5; 462A.05, subdivisions 14, 14a, by adding a subdivision; 462A.07, subdivision 2; 462A.204, subdivision 3; 462A.22, subdivision 1; 462A.30, subdivision 9; 462A.37, subdivisions 1, 2; 462A.38, subdivision 1; 462A.39, subdivisions 2, 5; 474A.21; 484.014, subdivisions 2, 3; 504B.001, subdivision 4; 504B.135; 504B.161, subdivision 1; 504B.211, subdivisions 2, 6; 504B.241, subdivision 4; 504B.245; 504B.321; 504B.331; 504B.335; 504B.345, subdivision 1, by adding a subdivision; 504B.361, subdivision 1; 504B.371, subdivisions 4, 5, 7; 504B.375, subdivision 1; 504B.381, subdivisions 1, 5, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapters 168A; 327C; 462A; 504B; repealing Minnesota Statutes 2020, sections 168A.141; 327C.096; 504B.341.

 

Reported the same back with the following amendments:

 

Page 8, line 15, delete "6,545,000" and insert "6,501,000"

 

Page 8, after line 24, insert:

 

"Subd. 21.  Minnesota Supreme Court

 

44,000

 

-0-

 

This appropriation is for transfer to the Minnesota Supreme Court for the temporary eviction, expungement, and foreclosure moratorium and remedies due to the COVID-19 peacetime emergency."


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Renumber the subdivisions in sequence

 

Page 29, line 26, after the period, insert "Any attempted waiver of this section by a landlord and tenant, by contract or otherwise, shall be void and unenforceable."

 

Page 30, line 20, after the period, insert "Any attempted waiver of this section by a landlord and tenant, by contract or otherwise, shall be void and unenforceable."

 

 

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

 

      The report was adopted.

 

 

Moran from the Committee on Ways and Means to which was referred:

 

H. F. No. 1079, A bill for an act relating to state government; appropriating money from outdoor heritage, clean water, parks and trails, and arts and cultural heritage funds; modifying and extending prior appropriations; modifying requirements to use money from legacy funds; modifying trail provisions; modifying provisions for joint exercise of powers; requiring reports and studies; amending Minnesota Statutes 2020, sections 85.015, subdivision 10; 85.53, subdivision 2; 97A.056, subdivisions 9, 11; 114D.50, subdivision 4; 129D.17, subdivision 2; 471.59, subdivision 1; Laws 2017, chapter 91, article 2, sections 3; 5; 6; 8; Laws 2019, First Special Session chapter 2, article 2, sections 3; 4; 5; 6; 7; 8; 9; article 4, section 2, subdivision 6; Laws 2020, chapter 104, article 1, section 2, subdivision 5.

 

Reported the same back with the following amendments:

 

Page 104, after line 17, insert:

 

"Sec. 9.  COORDINATION AND PROJECTS; EXTENSION.

 

The portion of the appropriation in Laws 2017, chapter 91, article 3, section 3, paragraph (e), from the parks and trails fund for coordination and projects between the department, the Metropolitan Council, and the Greater Minnesota Regional Parks and Trails Commission; enhanced web-based information for park and trail users; and support of activities of the Parks and Trails Legacy Advisory Committee is available until June 30, 2022.

 

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

 

Page 108, line 19, delete "$6,000,000" and insert "$5,950,000"

 

Page 108, delete lines 32 to 34

 

Page 109, delete lines 1 and 2

 

Page 110, line 22, before "$100,000" insert "(i)"

 

Page 110, after line 24, insert:

 

"(ii) $50,000 the first year is for a grant to the city of South St. Paul to relocate the gatehouses in the BridgePoint Business Park that remain from the Armour & Company meatpacking campus."


Journal of the House - 37th Day - Tuesday, April 13, 2021 - Top of Page 3725

Page 119, line 2, before the period, insert ", and $75,000 each year is for a grant to 30,000 Feet, a nonprofit organization, to help youth and community artists further develop their artistic skills and to create community art and artistic performances"

 

 

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

 

      The report was adopted.

 

 

Moran from the Committee on Ways and Means to which was referred:

 

H. F. No. 1952, A bill for an act relating to operation of state government; appropriating money for the legislature, office of the governor and lieutenant governor, state auditor, attorney general, secretary of state, certain state agencies, boards, commissions, councils, offices, Minnesota State Lottery, Minnesota Humanities Center, and certain retirement accounts; cancelling certain 2021 appropriations; designating the state fire museum; changing provisions for the legislative auditor and Legislative Coordinating Commission; authorizing virtual payments; creating the capitol flag program; modifying provisions for Tribal governments, state budget and forecast, administrative operations, general services revolving fund, grants, motor pool, historic properties and historical societies, taxpayer assistance grants, background checks, lawful gambling, election administration, campaign finance, Office of MN.IT Services, open meeting law, municipal planning, port authority, municipalities, metropolitan government, Duluth entertainment and convention center complex, bids and letting of contracts, and dedication fees; auditing state use of federal funds; creating the Office of Enterprise Sustainability; requiring racial equity impact assessments; requiring sensory accessibility accommodations; establishing the Legislative Commission on Cybersecurity; amending Minnesota Statutes 2020, sections 3.302, subdivision 3; 3.303, subdivision 1; 3.971, subdivision 2, by adding a subdivision; 3.972, subdivisions 2, 2a; 3.978, subdivision 2; 3.979, subdivision 3; 4A.01, subdivision 3; 4A.02; 5.30, subdivision 2; 5B.06; 8.31, subdivision 1; 10A.01, subdivisions 4, 7, 9, 11, 16a, 17c, 18, 20, 26, 27, 28, 35, by adding a subdivision; 10A.09, subdivisions 1, 2, 5, 6, by adding a subdivision; 10A.12, subdivisions 1, 2; 10A.121, subdivision 2; 10A.13, subdivision 1; 10A.17, subdivision 4; 10A.20, subdivisions 3, 6a, 13, by adding a subdivision; 10A.27, subdivision 13; 10A.275, subdivision 1; 10A.323; 13.607, by adding a subdivision; 13D.01, subdivisions 4, 5; 13D.015; 13D.02; 13D.021; 15.01; 16A.06, by adding a subdivision; 16A.103, subdivision 1; 16A.152, subdivision 2; 16B.24, subdivision 1; 16B.2975, by adding a subdivision; 16B.48, subdivision 2; 16B.54, subdivisions 1, 2; 16B.98, by adding a subdivision; 16E.01; 16E.016; 16E.02; 16E.03, subdivisions 1, 2, 3, 6; 16E.036; 16E.04, subdivision 3; 16E.0465, subdivision 2; 16E.05, subdivision 1; 16E.07, subdivision 12; 16E.21, subdivision 2; 43A.23, subdivision 1; 97A.057, subdivision 1; 135A.17, subdivision 2; 138.081, subdivisions 1, 2, 3; 138.31, by adding a subdivision; 138.34; 138.40; 138.665, subdivision 2; 138.666; 138.667; 138.763, subdivision 1; 201.014, by adding a subdivision; 201.071, subdivisions 1, 2, 3, 8; 201.091, subdivision 2; 201.12, subdivision 2; 201.121, subdivision 3; 201.13, subdivision 3; 201.161; 201.1611, subdivision 1; 201.162; 201.225, subdivision 2; 202A.11, subdivision 2; 202A.16, subdivision 1; 203B.01, subdivision 3, by adding a subdivision; 203B.02, by adding a subdivision; 203B.04, subdivision 1; 203B.081, subdivisions 1, 2, 3; 203B.11, subdivision 1; 203B.12, subdivision 7; 203B.121, subdivisions 2, 3, 4; 203B.16, subdivision 2; 203B.24, subdivision 1; 204B.06, subdivisions 1b, 4a; 204B.09, subdivisions 1, 3; 204B.13, by adding a subdivision; 204B.16, subdivision 1; 204B.19, subdivision 6; 204B.21, subdivision 2; 204B.36, subdivision 2; 204B.44; 204B.45, subdivisions 1, 2; 204B.46; 204C.05, subdivisions 1a, 1b; 204C.10; 204C.15, subdivision 1; 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.19, subdivision 2; 204D.195; 204D.22, subdivision 3; 204D.23, subdivision 2; 204D.27, subdivision 5; 204D.28, subdivisions 9, 10; 205.13, subdivision 5; 205A.10, subdivision 5; 205A.12, subdivision 5; 206.805, subdivision 1; 206.89, subdivisions 4, 5; 206.90, subdivision 6; 207A.12; 207A.13; 207A.14, subdivision 3; 209.021, subdivision 2; 211B.04, subdivisions 2, 3, by adding a subdivision; 211B.11, subdivision 1; 211B.20, subdivision 1; 211B.32, subdivision 1; 270B.13, by adding a subdivision; 270C.21; 349.151, subdivision 2; 367.03, subdivision 6; 367.25, subdivision 1;


Journal of the House - 37th Day - Tuesday, April 13, 2021 - Top of Page 3726

383B.041; 412.02, subdivision 2a; 447.32, subdivision 4; 462.358, by adding a subdivision; 469.074, by adding a subdivision; 471.342, subdivisions 1, 4; 471.345, subdivision 20; 473.24; 473.606, subdivision 5; 609.165, subdivision 1; Laws 1963, chapter 305, sections 2, as amended; 3, as amended; 4, as amended; 5, as amended; 8, as amended; 9, as amended; 10, as amended; Laws 2006, chapter 269, section 2, as amended; Laws 2013, chapter 85, article 5, section 44; Laws 2019, First Special Session chapter 10, article 1, section 40; Laws 2020, chapter 77, section 3, subdivision 6; proposing coding for new law in Minnesota Statutes, chapters 1; 3; 10; 13D; 16A; 16B; 201; 206; 211B; 243; 299C; 471; repealing Minnesota Statutes 2020, sections 3.972, subdivisions 2c, 2d; 3.9741, subdivision 5; 4A.11; 10A.15, subdivision 6; 15.0395; 16A.90; 16E.0466, subdivision 1; 16E.05, subdivision 3; 16E.071; 16E.145; 43A.17, subdivision 9; 116O.03, subdivision 9; 116O.04, subdivision 3; 179.90; 179.91; 299D.03, subdivision 2a; 383B.042; 383B.043; 383B.044; 383B.045; 383B.046; 383B.047; 383B.048; 383B.049; 383B.05; 383B.051; 383B.052; 383B.053; 383B.054; 383B.055; 383B.056; 383B.057.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"ARTICLE 1

STATE GOVERNMENT APPROPRIATIONS

 

Section 1.  STATE GOVERNMENT APPROPRIATIONS. 

 

The sums shown in the columns marked "Appropriations" are appropriated to the agencies and for the purposes specified in this article.  The appropriations are from the general fund, or another named fund, and are available for the fiscal years indicated for each purpose.  The figures "2022" and "2023" used in this article mean that the appropriations listed under them are available for the fiscal year ending June 30, 2022, or June 30, 2023, respectively.  "The first year" is fiscal year 2022.  "The second year" is fiscal year 2023.  "The biennium" is fiscal years 2022 and 2023.

 

 

 

 

APPROPRIATIONS

 

 

 

Available for the Year

 

 

 

Ending June 30

 

 

 

2022

2023

 

Sec. 2.  LEGISLATURE

 

 

 

 

 

Subdivision 1.  Total Appropriation

 

$97,415,000

 

$98,222,000

 

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

 

Subd. 2.  Senate

 

35,654,000

 

35,654,000

 

Subd. 3.  House of Representatives

 

39,932,000

 

40,431,000

 

Subd. 4.  Legislative Coordinating Commission

 

21,829,000

 

22,137,000

 

From its funds, $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.


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Legislative Auditor.  $7,876,000 the first year and $8,007,000 the second year are for the Office of the Legislative Auditor.

 

Revisor of Statutes.  $7,298,000 the first year and $7,419,000 the second year are for the Office of the Revisor of Statutes.

 

Legislative Reference Library.  $1,793,000 the first year and $1,822,000 the second year are for the Legislative Reference Library.

 

Legislative Budget Office.  $1,536,000 the first year and $1,570,000 the second year are for the Legislative Budget Office.

 

Sec. 3.  GOVERNOR AND LIEUTENANT GOVERNOR

$3,622,000

 

$3,622,000

 

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

 

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

 

(c) By September 1 of each year, the commissioner of management and budget shall report to the chairs and ranking minority members of the legislative committees with jurisdiction over state government finance any personnel costs incurred by the Offices of the Governor and Lieutenant Governor that were supported by appropriations to other agencies during the previous fiscal year.  The Office of the Governor shall inform the chairs and ranking minority members of the committees before initiating any interagency agreements.

 

Sec. 4.  STATE AUDITOR

 

$12,053,000

 

$12,152,000

 

Sec. 5.  ATTORNEY GENERAL

 

$33,530,000

 

$31,086,000

 

Appropriations by Fund

 

 

2022

 

2023

General

30,614,000

28,170,000

State Government Special Revenue

 

2,521,000

 

2,521,000

Environmental

145,000

145,000

Remediation

250,000

250,000

 

Sec. 6.  SECRETARY OF STATE

 

$8,710,000

 

$7,726,000

 

(a) $500,000 the first year is for grants to political subdivisions to recruit bilingual election judges and bilingual trainee election judges.  This appropriation is available until June 30, 2023.


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(b) $48,000 the second year is for the preparation of voting instructions in languages other than English for in-person absentee voters.  This is a onetime appropriation.

 

Sec. 7.  CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD

 

$1,145,000

 

 

$1,167,000

 

Sec. 8.  STATE BOARD OF INVESTMENT

 

$139,000

 

$139,000

 

Sec. 9.  ADMINISTRATIVE HEARINGS

 

$8,236,000

 

$8,240,000

 

Appropriations by Fund

 

 

2022

 

2023

General

405,000

409,000

Workers' Compensation

7,831,000

7,831,000

 

$268,000 the first year and $272,000 the second year are for municipal boundary adjustments.

 

Sec. 10.  OFFICE OF MN.IT SERVICES

 

$9,855,000

 

$9,882,000

 

(a) 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 2023 closing period.

 

(b) During the biennium ending June 30, 2023, 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 the state broadcast infrastructure.  If the access fees not charged to public noncommercial educational television broadcast stations total more than $400,000 for the biennium, the office may charge for access fees in excess of these amounts.

 

(c) $2,100,000 in fiscal year 2022 and $2,050,000 in fiscal year 2023 are to implement recommendations from the Governor's Blue Ribbon Council on Information Technology, established by Executive Order 19-02 and re-established by Executive Order 20‑77.  The base for this appropriation is $1,400,000 in fiscal years 2024 and 2025.

 

Sec. 11.  ADMINISTRATION

 

 

 

 

 

Subdivision 1.  Total Appropriation

 

$27,025,000

 

$27,376,000

 

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


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Subd. 2.  Government and Citizen Services

 

11,517,000

 

11,699,000

 

Council on Developmental Disabilities.  $222,000 each year is for the Council on Developmental Disabilities.

 

Subd. 3.  Strategic Management Services

 

2,174,000

 

2,218,000

 

Subd. 4.  Fiscal Agent

 

13,334,000

 

13,459,000

 

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

 

In-Lieu of Rent.  $10,515,000 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) $392,000 the first year and $492,000 the second year are for community service grants to public educational radio stations.  This appropriation may be used to disseminate emergency information in foreign languages.

 

(b) $117,000 the first year and $142,000 the second year are for equipment grants to public educational radio stations.  This appropriation may be used for the repair, rental, and purchase of equipment including equipment under $500.

 

(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.

 

(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, 2021.


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(f) 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.

 

Sec. 12.  CAPITOL AREA ARCHITECTURAL AND PLANNING BOARD

 

$386,000

 

 

$365,000

 

Sec. 13.  MINNESOTA MANAGEMENT AND BUDGET

$27,819,000

 

$28,240,000

 

Sec. 14.  REVENUE

 

 

 

 

 

Subdivision 1.  Total Appropriation

 

$174,077,000

 

$176,311,000

 

Appropriations by Fund

 

 

2022

2023

 

General

169,863,000

172,097,000

Health Care Access

1,760,000

1,760,000

Highway User Tax Distribution

 

2,195,000

 

2,195,000

Environmental

259,000

259,000

 

Subd. 2.  Tax System Management

 

144,204,000

 

145,921,000

 

Appropriations by Fund

 

 

2022

 

2023

General

139,990,000

141,707,000

Health Care Access

1,760,000

1,760,000

Highway User Tax Distribution

 

2,195,000

 

2,195,000

Environmental

259,000

259,000

 

Taxpayer Assistance.  (a) $1,100,000 each year is for the commissioner of revenue to make grants to one or more eligible organizations, qualifying under section 7526A(e)(2)(B) of the Internal Revenue Code of 1986, to coordinate, facilitate, encourage, and aid in the provision of taxpayer assistance services.  The unencumbered balance in the first year does not cancel but is available for the second year.

 

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


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Subd. 3.  Debt Collection Management

 

29,873,000

 

30,390,000

 

Sec. 15.  GAMBLING CONTROL

 

$5,728,000

 

$5,123,000

 

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 $36,500,000 in fiscal year 2022 and $36,500,000 in fiscal year 2023.

 

Sec. 18.  AMATEUR SPORTS COMMISSION

 

$311,000

 

$317,000

 

Sec. 19.  COUNCIL FOR MINNESOTANS OF AFRICAN HERITAGE

 

$544,000

 

 

$552,000

 

Sec. 20.  COUNCIL ON LATINO AFFAIRS

 

$534,000

 

$544,000

 

Sec. 21.  COUNCIL ON ASIAN-PACIFIC MINNESOTANS

 

$525,000

 

 

$534,000

 

Sec. 22.  INDIAN AFFAIRS COUNCIL

 

$855,000

 

$864,000

 

Sec. 23.  MINNESOTA HISTORICAL SOCIETY

 

 

 

 

 

Subdivision 1.  Total Appropriation

 

$23,918,000

 

$24,218,000

 

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

 

Subd. 2.  Operations and Programs

 

23,597,000

 

23,897,000

 

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

 

Subd. 3.  Fiscal Agent

 

 

 

 

 

(a) Global Minnesota

 

39,000

 

39,000

 

(b) Minnesota Air National Guard Museum

 

17,000

 

17,000

 

(c) Hockey Hall of Fame

 

100,000

 

100,000


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(d) Farmamerica

 

115,000

 

115,000

 

(e) Minnesota Military Museum

 

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

 

$7,551,000

 

$7,561,000

 

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

 

Subd. 2.  Operations and Services

 

612,000

 

622,000

 

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

 

Sec. 25.  MINNESOTA HUMANITIES CENTER

 

$375,000

 

$375,000

 

Sec. 26.  BOARD OF ACCOUNTANCY

 

$688,000

 

$698,000

 

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

 

 

$863,000

 

 

 

$874,000

 

Sec. 28.  BOARD OF COSMETOLOGIST EXAMINERS

$2,969,000

 

$3,016,000

 

Sec. 29.  BOARD OF BARBER EXAMINERS

 

$348,000

 

$353,000

 

Sec. 30.  GENERAL CONTINGENT ACCOUNTS

 

$1,000,000

 

$500,000

 

Appropriations by Fund

 

 

2022

 

2023

General

500,000

-0-

State Government Special Revenue

 

400,000

 

400,000

Workers' Compensation

100,000

100,000


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(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.

 

Sec. 32.  MINNESOTA STATE RETIREMENT SYSTEM

 

 

 

 

Subdivision 1.  Total Appropriation

 

$14,886,000

 

$14,878,000

 

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

 

Subd. 2.  Combined Legislators and Constitutional Officers Retirement Plan

 

8,886,000

 

 

8,878,000

 

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

 

$25,000,000

 

 

$25,000,000

 

(a) $9,000,000 the first year and $9,000,000 the second year are for direct state aid to the public employees police and fire retirement plan authorized under Minnesota Statutes, section 353.65, subdivision 3b.


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(b) 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, 2021, and $16,000,000 on September 15, 2022.  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.

 

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.  MILITARY AFFAIRS

 

 

 

 

 

Subdivision 1.  Total Appropriation

 

$24,393,000

 

$24,589,000

 

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

 

Subd. 2.  Maintenance of Training Facilities

 

9,772,000

 

 9,842,000

 

Subd. 3.  General Support

 

3,507,000

 

3,633,000

 

Subd. 4.  Enlistment Incentives

 

11,114,000

 

11,114,000

 

The appropriations in this subdivision are available until June 30, 2025, except that any unspent amounts allocated to a program otherwise supported by this appropriation are canceled to the general fund upon receipt of federal funds in the same amount to support administration of that program.

 

If the amount for fiscal year 2022 is insufficient, the amount for 2023 is available in fiscal year 2022.  Any unencumbered balance does not cancel at the end of the first year and is available for the second year.

 

Sec. 37.  VETERANS AFFAIRS

 

 

 

 

 

Subdivision 1.  Total Appropriation

 

$84,168,000

 

$84,364,000

 

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


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Subd. 2.  Veterans Programs and Services

 

22,048,000

 

21,678,000

 

(a) CORE Program.  $750,000 each year is for the Counseling and Case Management Outreach Referral and Education (CORE) program.

 

(b) Veterans Service Organizations.  $500,000 each year is for grants to the following congressionally chartered veterans service organizations as designated by the commissioner:  Disabled American Veterans, Military Order of the Purple Heart, the American Legion, Veterans of Foreign Wars, Vietnam Veterans of America, AMVETS, and Paralyzed Veterans of America.  This funding must be allocated in direct proportion to the funding currently being provided by the commissioner to these organizations.

 

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

 

(1) utilities;

 

(2) employment; and

 

(3) legal issues.

 

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

 

(d) State's Veterans Cemeteries.  $1,672,000 each year is for the state's veterans cemeteries.

 

(e) Honor Guards.  $200,000 each year is for compensation for honor guards at the funerals of veterans under Minnesota Statutes, section 197.231.

 

(f) Minnesota GI Bill.  $200,000 each year is for the costs of administering the Minnesota GI Bill postsecondary educational benefits, on-the-job training, and apprenticeship program under Minnesota Statutes, section 197.791.

 

(g) Gold Star Program.  $100,000 each year is for administering the Gold Star Program for surviving family members of deceased veterans.


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

 

(i) Veteran Homelessness Initiative.  $3,018,000 each year is for an initiative to prevent and end veteran homelessness.  The commissioner of veterans affairs may provide housing vouchers and other services to alleviate homelessness among veterans and former service members in Minnesota.  The commissioner may contract for program administration and may establish a vacancy reserve fund.  The base for this appropriation is $1,311,000 in fiscal year 2024 and $1,311,000 in fiscal year 2025.

 

(j) Independent Lifestyles.  $75,000 each year is appropriated for an ongoing annual grant to Independent Lifestyles, Inc., for expenses related to retreats for military veterans at Camp Bliss in Walker, Minnesota, including therapy, transportation, and activities customized for military veterans.

 

(k) Veterans On The Lake.  $50,000 in fiscal year 2022 is appropriated for a grant to Veterans on the Lake for expenses related to retreats for veterans including therapy, transportation, and activities customized for veterans.

 

(l) Disabled Veterans Rest Camp.  $128,000 in fiscal year 2022 is appropriated for a grant to the Disabled Veterans Rest Camp on Big Marine Lake in Washington County for landscape improvements around the new cabins, including a retaining wall around a water drainage holding pond and security fencing with vehicle control gates along the entrance road.  This is a onetime appropriation and is available until the project is completed or abandoned, subject to Minnesota Statutes, section 16A.642.

 

Subd. 3.  9/11 Task Force

 

 400,000

 

 

 

$400,000 the first year is for the Advisory Task Force on 9/11 and Global War on Terrorism Remembrance.  The task force must collect, memorialize, and publish stories of Minnesotans' service in the Global War on Terrorism and impacts on their dependents.  The task force must host a remembrance program in September 2021.  This is a onetime appropriation.

 

Subd. 4.  Veterans Health Care

 

62,120,000

 

62,686,000

 

(a) Transfers.  These appropriations may be transferred to a veterans homes special revenue account in the special revenue fund in the same manner as other receipts are deposited according to Minnesota Statutes, section 198.34, and are appropriated to the commissioner of veterans affairs for the operation of veterans homes facilities and programs.


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(b) Report.  No later than January 15, 2022, the commissioner must submit a report to the legislative committees with jurisdiction over veterans affairs and state government finance on reserve amounts maintained in the veterans homes special revenue account.  The report must detail current and historical amounts maintained as a reserve and uses of those amounts.  The report must also include data on the use of existing veterans homes, including current and historical bed capacity and usage, staffing levels and staff vacancy rates, and staff-to-resident ratios.

 

(c) Maximize Federal Reimbursements.  The department shall seek opportunities to maximize federal reimbursements of Medicare-eligible expenses and provide annual reports to the commissioner of management and budget on the federal Medicare reimbursements received.  Contingent upon future federal Medicare receipts, reductions to the homes' general fund appropriation may be made.

 

Subd. 5.  Veteran Suicide Prevention Initiative

 

1,000,000

 

650,000

 

$1,000,000 the first year and $650,000 the second year is to address the problem of death by suicide among veterans in Minnesota.  The commissioner of veterans affairs may use funds for personnel, training, research, marketing, and professional or technical contracts.  The base for this appropriation is $550,000 in fiscal year 2024 and $550,000 in fiscal year 2025.

 

Subd. 6.  Veterans Resilience Project; Report

 

50,000

 

50,000

 

$50,000 each year is appropriated for a grant to the veterans resilience project.  Grant funds must be used to make eye movement desensitization and reprocessing therapy available to veterans and current military service members who are suffering from posttraumatic stress disorder and trauma.

 

The veterans resilience project must report to the commissioner of veterans affairs and the chairs and ranking minority members of the legislative committees with jurisdiction over veterans affairs policy and finance by January 15 of each year on the program.  The report must include:  an overview of the program's budget; a detailed explanation of program expenditures; the number of veterans and service members served by the program; and a list and explanation of the services provided to program participants.

 

Sec. 38.  SENSORY ACCESSIBILITY ACCOMMODATIONS GRANTS; APPROPRIATION.

 

$250,000 in fiscal year 2022 and $250,000 in fiscal year 2023 are appropriated from the general fund to the Minnesota Council on Disability for sensory accessibility accommodations grants authorized by article 2, section 45.  These are onetime appropriations.


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Sec. 39.  STATE PARKING ACCOUNT.

 

Notwithstanding Laws 2014, chapter 287, section 25, as amended by Laws 2015, chapter 77, article 2, section 78, for fiscal years 2021 and 2022, the state parking account is not required to make the transfer to the general fund mandated by Laws 2014, chapter 287, section 25, as amended by Laws 2015, chapter 77, article 2, section 78.

 

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

 

Sec. 40.  CANCELLATIONS; FISCAL YEAR 2021.

 

(a) $379,000 of the fiscal year 2021 general fund appropriation under Laws 2019, First Special Session chapter 10, article 1, section 10, is canceled.

 

(b) $300,000 of the fiscal year 2021 general fund appropriation under Laws 2019, First Special Session chapter 10, article 1, section 11, subdivision 1, is canceled.  This amount is from the fiscal year 2021 appropriation for government and citizen services.

 

(c) $1,367,000 of the fiscal year 2021 general fund appropriation under Laws 2019, First Special Session chapter 10, article 1, section 13, is canceled.

 

(d) $8,274,000 of the fiscal year 2021 general fund appropriation under Laws 2019, First Special Session chapter 10, article 1, section 14, subdivision 1, is canceled.  Of this amount, $7,305,000 is from the fiscal year 2021 appropriation for tax system management, and $969,000 is from the fiscal year 2021 appropriation for debt collection management.

 

(e) $86,000 of the fiscal year 2021 general fund appropriation for moving and relocation expenses under Laws 2019, First Special Session chapter 10, article 1, section 24, subdivision 2, as amended by Laws 2020, chapter 104, article 2, section 4, is canceled.

 

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

 

Sec. 41.  CANCELLATIONS; ITA ACCOUNT.

 

(a) $179,000 from the information and telecommunications technology systems and services account established under Minnesota Statutes, section 16E.21, is canceled to the general fund.

 

(b) $14,000 from the information and telecommunications technology systems and services account established under Minnesota Statutes, section 16E.21, is canceled to the workers' compensation fund.

 

(c) $5,000 from the information and telecommunications technology systems and services account established under Minnesota Statutes, section 16E.21, is canceled to the state government special revenue fund.

 

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

 

Sec. 42.  CANCELLATION; CARRYFORWARD.

 

$5,000,000 of the senate carryforward balance is canceled to the general fund on July 1, 2021.


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Sec. 43.  APPROPRIATION; ADMINISTRATIVE SPACE CONSOLIDATION AND MOVING.

 

$4,500,000 in fiscal year 2021 is appropriated from the general fund to the commissioner of administration to complete and implement a comprehensive strategic plan for locating state agencies and for agency space consolidation, reconfiguration, and relocation costs.  This is a onetime appropriation and is available until June 30, 2023.

 

ARTICLE 2

STATE GOVERNMENT POLICY

 

Section 1.  [1.1471] STATE FIRE MUSEUM.

 

The Bill and Bonnie Daniels Firefighters Hall and Museum in Minneapolis is designated as the official state fire museum.

 

Sec. 2.  Minnesota Statutes 2020, section 3.302, subdivision 3, is amended to read:

 

Subd. 3.  State documents.  The library is a depository of all documents published by the state and shall receive them automatically without cost to the legislature or library.  As used in this chapter, "document" includes any publication issued by the state, constitutional officers, departments, commissions, councils, bureaus, research centers, societies, task forces, including advisory task forces created under section 15.014 or 15.0593, or other agencies supported by state funds, or any publication prepared for the state by private individuals or organizations considered to be of interest or value to the library.  Intraoffice or interoffice memos and forms and information concerning only the internal operation of an agency are not included.

 

Sec. 3.  Minnesota Statutes 2020, section 3.303, subdivision 1, is amended to read:

 

Subdivision 1.  Purpose.  The Legislative Coordinating Commission is created to coordinate the legislative activities of the senate and house of representatives and the joint legislative commissions, committees, offices, and task forces.

 

Sec. 4.  Minnesota Statutes 2020, section 3.971, subdivision 2, is amended to read:

 

Subd. 2.  Staff; compensation.  (a) The legislative auditor shall establish a Financial Audits Division and a Program Evaluation Division to fulfill the duties prescribed in this section.

 

(b) Each division may be supervised by a deputy auditor, appointed by the legislative auditor, with the approval of the commission, for a term coterminous with the legislative auditor's term.  The deputy auditors may be removed before the expiration of their terms only for cause.  The legislative auditor and deputy auditors may each appoint a confidential secretary an administrative support specialist to serve at pleasure.  The salaries and benefits of the legislative auditor, deputy auditors, and confidential secretaries administrative support specialists shall be determined by the compensation plan approved by the Legislative Coordinating Commission.  The deputy auditors may perform and exercise the powers, duties and responsibilities imposed by law on the legislative auditor when authorized by the legislative auditor.

 

(c) The legislative auditor must appoint a fiscal oversight officer with duties that include performing the review under section 3.972, subdivision 4.

 

(d) (c) The legislative auditor, deputy auditors, and the confidential secretaries administrative support specialists shall serve in the unclassified civil service, but the fiscal oversight officer and all other employees of the legislative auditor are shall serve in the classified civil service.  Compensation for employees of the legislative auditor in the classified service shall be governed by a plan prepared by the legislative auditor and approved by the Legislative Coordinating Commission and the legislature under section 3.855, subdivision 3.


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(e) (d) While in office, a person appointed deputy for the Financial Audit Division must hold an active license as a certified public accountant.

 

Sec. 5.  Minnesota Statutes 2020, section 3.971, is amended by adding a subdivision to read:

 

Subd. 8a.  Special reviews.  The legislative auditor may conduct a special review to:  (1) fulfill a legal requirement; (2) investigate allegations that an individual or organization subject to audit by the legislative auditor may not have complied with legal requirements related to the use of public money, other public resources, or government data classified as not public; (3) respond to a legislative request for a review of an organization or program subject to audit by the legislative auditor; or (4) investigate allegations that an individual may not have complied with section 43A.38 or 43A.39.

 

Sec. 6.  Minnesota Statutes 2020, section 3.972, subdivision 2, is amended to read:

 

Subd. 2.  Audits of state and semistate agencies.  The legislative auditor shall make a constant, as resources permit, audit of all the financial affairs activities of (1) all departments and, agencies of, offices, and other organizations in the state, executive branch; (2) courts, offices, and other organizations in the state judicial branch; and of the financial records and transactions of (3) public boards, associations, and societies, and other public organizations created by state law or supported, wholly or in part, by state funds.  Once in each year, if funds and personnel permit, without previous notice, The legislative auditor shall visit each state department and agency, association or society and, so far as practicable,

 

(1) inspect;

 

(2) thoroughly examine its books and accounts, verifying the funds, securities, and other assets;

 

(3) check the items of receipts and disbursements with its voucher records;

 

(4) ascertain the character of the official bonds for its officers and the financial ability of the bonding institution;

 

(5) inspect its sources of revenue and the use and disposition of state appropriations and property;

 

(6) investigate the methods of purchase and sale and the character of contracts on public account;

 

(7) ascertain proper custody and depository for its funds and securities;

 

(8) verify the inventory of public property and other assets held in trust; and

 

(9) ascertain that all financial transactions and operations involving the public funds and property of the state comply with the spirit and purpose of the law, are sound by modern standards of financial management, and are for the best protection of the public interest funds and other public resources.

 

Sec. 7.  Minnesota Statutes 2020, section 3.972, subdivision 2a, is amended to read:

 

Subd. 2a.  Audits of Department of Human Services.  (a) To ensure continuous effective legislative oversight and accountability, the legislative auditor shall give high priority to auditing the programs, services, and benefits administered by the Department of Human Services.  The audits shall determine whether As resources permit, the legislative auditor shall track and assess expenditures throughout the human service delivery system, from the department offered to the point of service delivery, and determine whether human services programs and provided, services, and benefits are being provided cost-effectively and only to eligible persons individuals and organizations, and complied in compliance with applicable legal requirements.


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(b) The legislative auditor shall, based on an assessment of risk and using professional standards to provide a statistically significant sample, no less than three times each year, test a representative sample of persons enrolled in a medical assistance program or MinnesotaCare to determine whether they are eligible to receive benefits under those programs.  The legislative auditor shall report the results to the commissioner of human services and recommend corrective actions.  The commissioner shall provide a response to the legislative auditor within 20 business days, including corrective actions to be taken to address any problems identified by the legislative auditor and anticipated completion dates.  The legislative auditor shall monitor the commissioner's implementation of corrective actions and periodically report the results to the Legislative Audit Commission and the chairs and ranking minority members of the legislative committees with jurisdiction over health and human services policy and finance.  The legislative auditor's reports to the commission and the chairs and ranking minority members must include recommendations for any legislative actions needed to ensure that medical assistance and MinnesotaCare benefits are provided only to eligible persons.

 

Sec. 8.  Minnesota Statutes 2020, section 3.978, subdivision 2, is amended to read:

 

Subd. 2.  Inquiry and inspection power; duty to aid legislative auditor.  All public officials and their deputies and employees, and all corporations, firms, and individuals having business involving the receipt, disbursement, or custody of public funds shall at all times afford reasonable facilities for examinations by the legislative auditor, make returns and reports required by the legislative auditor, attend and answer under oath the legislative auditor's lawful inquiries, produce and exhibit all books, accounts, documents, data of any classification, and property that the legislative auditor may need requests to inspect, and in all things aid cooperate with the legislative auditor in the performance of duties.

 

Sec. 9.  Minnesota Statutes 2020, section 3.979, subdivision 3, is amended to read:

 

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

 

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

 

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

 

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

 

Sec. 10.  Minnesota Statutes 2020, section 4A.01, subdivision 3, is amended to read:

 

Subd. 3.  Report.  The commissioner must submit a report to the governor and chairs and ranking minority members of the senate and house of representatives committees with jurisdiction on state government finance by January 15 of each year that provides economic, social, and environmental demographic information to assist public and elected officials with long-term management decisions.  The report must identify and assess the information important to understanding the state's two-, ten-, and 50-year outlook.  The report must include the demographic forecast required by section 4A.02, paragraph (e), and information to assist with the preparation of the milestones report required by section 4A.11, and may include policy recommendations based upon the information and assessment provided.


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Sec. 11.  Minnesota Statutes 2020, section 4A.02, is amended to read:

 

4A.02 STATE DEMOGRAPHER.

 

(a) The commissioner shall appoint a state demographer.  The demographer must be professionally competent in demography and must possess demonstrated ability based upon past performance.

 

(b) The demographer shall:

 

(1) continuously gather and develop demographic data relevant to the state;

 

(2) design and test methods of research and data collection;

 

(3) periodically prepare population projections for the state and designated regions and periodically prepare projections for each county or other political subdivision of the state as necessary to carry out the purposes of this section;

 

(4) review, comment on, and prepare analysis of population estimates and projections made by state agencies, political subdivisions, other states, federal agencies, or nongovernmental persons, institutions, or commissions;

 

(5) serve as the state liaison with the United States Bureau of the Census, coordinate state and federal demographic activities to the fullest extent possible, and aid the legislature in preparing a census data plan and form for each decennial census;

 

(6) compile an annual study of population estimates on the basis of county, regional, or other political or geographical subdivisions as necessary to carry out the purposes of this section and section 4A.03;

 

(7) by January 1 of each year, issue a report to the legislature containing an analysis of the demographic implications of the annual population study and population projections;

 

(8) prepare maps for all counties in the state, all municipalities with a population of 10,000 or more, and other municipalities as needed for census purposes, according to scale and detail recommended by the United States Bureau of the Census, with the maps of cities showing precinct boundaries;

 

(9) prepare an estimate of population and of the number of households for each governmental subdivision for which the Metropolitan Council does not prepare an annual estimate, and convey the estimates to the governing body of each political subdivision by June 1 of each year or, in a year following a decennial census, within six weeks of the date the data are provided by the United States Census Bureau in that year;

 

(10) direct, under section 414.01, subdivision 14, and certify population and household estimates of annexed or detached areas of municipalities or towns after being notified of the order or letter of approval by the chief administrative law judge of the State Office of Administrative Hearings;

 

(11) prepare, for any purpose for which a population estimate is required by law or needed to implement a law, a population estimate of a municipality or town whose population is affected by action under section 379.02 or 414.01, subdivision 14; and

 

(12) prepare an estimate of average household size for each statutory or home rule charter city with a population of 2,500 or more by June 1 of each year or, in a year following a decennial census, within six weeks of the date the data are provided by the United States Census Bureau in that year.


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(c) A governing body may challenge an estimate made under paragraph (b) by filing their specific objections in writing with the state demographer by June 24.  If the challenge does not result in an acceptable estimate, the governing body may have a special census conducted by the United States Bureau of the Census.  The political subdivision must notify the state demographer by July 1 of its intent to have the special census conducted.  The political subdivision must bear all costs of the special census.  Results of the special census must be received by the state demographer by the next April 15 to be used in that year's June 1 estimate to the political subdivision under paragraph (b).  In the year following a decennial census, challenges to the census count must be submitted to the United States Census Bureau through its formal challenge process.

 

(d) The state demographer shall certify the estimates of population and household size to the commissioner of revenue by July 15 each year, including any estimates still under objection except that in a year following a decennial census, the estimate must be certified within six weeks of the date the data are provided by the United States Census Bureau in that year.

 

(e) The state demographer may contract for the development of data and research required under this chapter, including, but not limited to, population estimates and projections, the preparation of maps, and other estimates.

 

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

 

Sec. 12.  [10.551] INDIA DAY.

 

(a) August 15 of each year is designated as India Day to commemorate and celebrate the diverse culture, heritage, and traditions of Minnesotans of Indian ancestry.  This date is a time for the Indian American Minnesotan community to celebrate their contributions to our state.

 

(b) The diverse culture, traditions, and values of this community have contributed to the vitality of Minnesota.  Each year, the governor shall issue a proclamation honoring the observance of India Day and shall encourage Minnesotans to take the opportunity to learn about and appreciate the Indian American Minnesotan community and their contributions to Minnesota.

 

Sec. 13.  [10.65] GOVERNMENT-TO-GOVERNMENT RELATIONSHIP WITH TRIBAL GOVERNMENTS.

 

Subdivision 1.  Recognition of Tribal status and relationship with the state of Minnesota.  (a) The state of Minnesota is home to 11 federally recognized Indian Tribes with elected Tribal government officials.  The state of Minnesota acknowledges and supports the unique status of Minnesota Tribes and their absolute right to existence, self-governance, and self-determination.

 

(b) The United States and the state of Minnesota have a unique relationship with federally recognized Indian Tribes, formed by the Constitution of the United States, treaties, statutes, case law, and agreements.

 

(c) The state of Minnesota and Minnesota Tribal governments significantly benefit from working together, learning from one another, and partnering where possible.

 

(d) Timely and meaningful consultation between the state of Minnesota and Minnesota Tribal governments will facilitate better understanding and informed decision-making by allowing for communication on matters of mutual interest and helping to establish mutually respectful and beneficial relationships between the state of Minnesota and Minnesota Tribal governments.


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Subd. 2.  Definitions.  As used in this section, the following terms have the meanings given:

 

(1) "agency" means the Department of Administration, Department of Agriculture, Department of Commerce, Department of Corrections, Department of Education, Department of Employment and Economic Development, Department of Health, Office of Higher Education, Housing Finance Agency, Department of Human Rights, Department of Human Services, Office of MN.IT Services, Department of Iron Range Resources and Rehabilitation, Department of Labor and Industry, Minnesota Management and Budget, Bureau of Mediation Services, Department of Military Affairs, Metropolitan Council, Department of Natural Resources, Pollution Control Agency, Department of Public Safety, Department of Revenue, Department of Transportation, Department of Veterans Affairs, Gambling Control Board, Racing Commission, Minnesota Lottery, Animal Health Board, and Board of Water and Soil Resources;

 

(2) "consultation" means the direct and interactive involvement of Minnesota Tribal governments in the development of policy on matters that have Tribal implications.  Consultation is the proactive, affirmative process of identifying and seeking input from appropriate Tribal governments and considering their interest as a necessary and integral part of the decision-making process.  This definition adds to statutorily mandated notification procedures.  During a consultation, the burden is on the agency to show that it has made a good faith effort to elicit feedback.  Consultation is a formal engagement between agency officials and the governing body or bodies of an individual Minnesota Tribal government that the agency or an individual Tribal government may initiate.  Formal meetings or communication between top agency officials and the governing body of a Minnesota Tribal government is a necessary element of consultation;

 

(3) "matters that have Tribal implications" means rules, legislative proposals, policy statements, or other actions that have substantial direct effects on one or more Minnesota Tribal governments, or on the distribution of power and responsibilities between the state and Minnesota Tribal governments;

 

(4) "Minnesota Tribal governments" means the federally recognized Indian Tribes located in Minnesota including:  Bois Forte Band; Fond du Lac Band; Grand Portage Band; Leech Lake Band; Mille Lacs Band; White Earth Band; Red Lake Nation; Lower Sioux Indian Community; Prairie Island Indian Community; Shakopee Mdewakanton Sioux Community; and Upper Sioux Community; and

 

(5) "timely and meaningful" means done or occurring at a favorable or useful time that allows the result of consultation to be included in the agency's decision-making process for a matter that has Tribal implications.

 

Subd. 3.  Consultation duties.  (a) An agency must recognize the unique legal relationship between the state of Minnesota and Minnesota Tribal governments, respect the fundamental principles that establish and maintain this relationship, and accord Tribal governments the same respect accorded to other governments.

 

(b) An agency must, in consultation with Minnesota Tribal governments, implement Tribal consultation policies to comply with this section and guide their work with Minnesota Tribal governments, and must submit these policies to the governor and lieutenant governor.  Tribal consultation policies must address the communication protocols for each Minnesota Tribal government, which must be developed in coordination with representatives of each Minnesota Tribal government.  An agency must update the Tribal consultation policies as often as required in order to facilitate timely and meaningful consultation, but no less than biannually.

 

(c) Consultation under this section is a duty of an agency to consult with the governing body or bodies of each individual Minnesota Tribal government.  Coordination with groups or entities that have representation on some or all of the governing bodies of Minnesota Tribal governments, such as the Minnesota Indian Affairs Council or the Minnesota Chippewa Tribe, is encouraged but does not satisfy an agency's duty to consult with individual Minnesota Tribal governments on matters that have Tribal implications.  If a matter has implications for one Minnesota Tribal government but not others, the agency's duty is to only consult those Minnesota Tribal governments affected.


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(d) An agency must consult with each Minnesota Tribal government at least annually, and as often as it is required, to address matters that have Tribal implications.

 

(e) An agency must consult with Minnesota Tribal governments on legislative and fiscal matters that affect one or all Minnesota Tribal governments or their members to identify priority issues in order to allow agencies to proactively engage Minnesota Tribal governments in the agency's development of legislative and fiscal proposals in time for submission into the governor's recommended budget and legislative proposals each year.

 

(f) An agency must develop and maintain ongoing consultation with Minnesota Tribal governments related to matters that have Tribal implications.  Agencies must consider the input gathered from Tribal consultation into their decision-making processes, with the goal of achieving mutually beneficial solutions.

 

(g) An agency and a Minnesota Tribal government may agree that a formal consultation is not necessary for a given year on a given matter that has Tribal implications, and the agency must keep a written record of this decision.

 

(h) The prospective duty to consult does not apply to action on a matter that has Tribal implications if immediate action is required to address a present and immediate threat to the health, safety, or welfare of Minnesota citizens.  For these actions, every effort should be made to communicate, and formal consultation should occur as soon as possible.  The duty to consult also does not apply to criminal proceedings or other investigations or legal proceedings that prohibit an agency from disclosure.

 

(i) An agency must designate a Tribal liaison to assume responsibility for implementation of the Tribal consultation policy and to serve as the principal point of contact for Minnesota Tribal governments.  The Tribal liaison must be able to directly and regularly meet and communicate with the agency's commissioner and deputy and assistant commissioners in order to appropriately conduct government-to-government consultation and cooperation.

 

(j) The state has instituted Tribal state government relations training, which is the foundation and basis of all other Tribal government relations training sources.  All agencies must direct certain staff to complete available training to foster a collaborative relationship between the state of Minnesota and Minnesota Tribal governments, and to facilitate timely and meaningful consultation.  In addition to all commissioners, deputy commissioners, and assistant commissioners, at a minimum all agency employees whose work is likely to include matters that have Tribal implications must attend Tribal state relations training.  Tribal liaisons must actively support and participate in the Tribal state relations training.

 

(k) Any agency or board that is not listed in subdivision 2 is encouraged to and may engage in consultation and communication with Minnesota Tribal governments for all matters that have Tribal implications.

 

Subd. 4.  Applicability.  Nothing in this section requires the state or an agency to violate or ignore any laws, rules, directives, or other legal requirements or obligations imposed by state or federal law or set forth in agreements or compacts between one or more Minnesota Tribal governments or any other Tribal government and the state or its agencies.  This section is not intended to, and does not create, any right to administrative or judicial review, or any other right, benefit, or responsibility, substantive or procedural, enforceable against the state of Minnesota, its agencies or instrumentalities, its officers or employees, or its subdivisions or any other persons.  Nothing in this section prohibits or limits any agency from asserting any rights or pursuing any administrative or judicial action under state or federal law to effectuate the interests of the state of Minnesota or any of its agencies.  Nothing in this section is intended to alter or reduce the state's duties to individual Minnesota citizens including those of Native American descent.

 

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


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Sec. 14.  Minnesota Statutes 2020, section 16A.06, is amended by adding a subdivision to read:

 

Subd. 12.  Audit of state's use of federal funds; annual appropriation.  The commissioner shall contract with a qualified auditor to conduct the annual audit required by the Single Audit Act of 1984, Public Law 98-502; the Single Audit Act Amendments of 1996, Public Law 104-156; and Code of Federal Regulations, title 2, part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance).  There is annually appropriated from the general fund to the commissioner an amount sufficient to pay the cost of the annual audit.  The cost of the audit shall be billed to the agencies audited during the subsequent fiscal year.  Amounts paid by state agencies shall be deposited in the general fund.

 

Sec. 15.  Minnesota Statutes 2020, section 16A.103, subdivision 1, is amended to read:

 

Subdivision 1.  State revenue and expenditures.  In February and November each year, the commissioner shall prepare a forecast of state revenue and expenditures.  The November forecast must be delivered to the legislature and governor no later than the end of the first week of December by December 6.  The February forecast must be delivered to the legislature and governor by the end of February.  Forecasts must be delivered to the legislature and governor on the same day.  If requested by the Legislative Commission on Planning and Fiscal Policy, delivery to the legislature must include a presentation to the commission.

 

Sec. 16.  Minnesota Statutes 2020, section 16A.152, subdivision 2, is amended to read:

 

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

 

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

 

(2) the budget reserve account established in subdivision 1a until that account reaches $1,596,522,000;

 

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

 

(4) the amount necessary to restore all or a portion of the net aid reductions under section 127A.441 and to reduce the property tax revenue recognition shift under section 123B.75, subdivision 5, by the same amount; and

 

(5) the clean water fund established in section 114D.50 until $22,000,000 has been transferred into the fund; and

 

(6) (5) the amount necessary to increase the Minnesota 21st century fund by not more than the difference between $5,000,000 and the sum of the amounts credited and canceled to it in the previous 12 months under Laws 2020, chapter 71, article 1, section 11, until the sum of all transfers under this section and all amounts credited or canceled under Laws 2020, chapter 71, article 1, section 11, equals $20,000,000.

 

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

 

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

 

(d) Paragraph (a), clause (5), expires after the entire amount of the transfer has been made.


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Sec. 17.  [16A.401] VIRTUAL PAYMENTS AUTHORIZED.

 

Subdivision 1.  Virtual payments.  The commissioner may establish a program to issue virtual payments from the state treasury.  Any rebate to the state generated by the program must be deposited in the general fund unless retained under subdivision 3.

 

Subd. 2.  Rebates.  Notwithstanding subdivision 1, rebates attributable to expenditures in funds established in the state constitution or protected by federal law must be returned to the account from which the expenditure originated.

 

Subd. 3.  Rebates retained.  The commissioner may retain a portion of rebates for the administration of this section.  Money retained under this subdivision must be deposited in an account in the special revenue fund and is appropriated to the commissioner for the purposes of this section.

 

Sec. 18.  Minnesota Statutes 2020, section 16B.24, subdivision 1, is amended to read:

 

Subdivision 1.  Operation and maintenance of buildings.  The commissioner is authorized to maintain and operate the State Capitol building and grounds, subject to whatever standards and policies are set for its appearance and cleanliness by the Capitol Area Architectural and Planning Board and the commissioner under section 15B.15, subdivision 2, and all other buildings, cafeterias, and grounds in state-owned buildings in the Capitol Area under section 15B.02, the state Department of Public Safety, Bureau of Criminal Apprehension building in St. Paul, the state Department of Health building in Minneapolis, 321 Grove Street buildings 603 Pine Street building in St. Paul, Fleet and Surplus Services building in Arden Hills, Ely Revenue building, any other properties acquired by the Department of Administration, and, when the commissioner considers it advisable and practicable, any other building or premises owned or rented by the state for the use of a state agency.  The commissioner shall assign and reassign office space in the Capitol and state buildings to make an equitable division of available space among agencies.  The commissioner shall regularly update the long-range strategic plan for locating agencies and shall follow the plan in assigning and reassigning space to agencies.  The plan must include locational and urban design criteria, a cost-analysis method to be used in weighing state ownership against leasing of space in specific instances, and a transportation management plan.  If the commissioner determines that a deviation from the plan is necessary or desirable in a specific instance, the commissioner shall provide the legislature with a timely written explanation of the reasons for the deviation.  The power granted in this subdivision does not apply to state hospitals or to educational, penal, correctional, or other institutions not enumerated in this subdivision the control of which is vested by law in some other agency.

 

Sec. 19.  [16B.276] CAPITOL FLAG PROGRAM.

 

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

 

(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.


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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 were 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 requested to be 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 shall deliver the requested flags 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.  Eligibility; fees.  (a) For deaths that occur on or after August 1, 2021, 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.

 

(b) For deaths that occurred before August 1, 2021, 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 may receive one United States flag and one Minnesota state flag for a fee, unless there are donated, nonstate funds available to provide a flag without a fee.  If payment of a fee is required under this paragraph, the commissioner may charge an eligible family an amount that does not exceed the actual cost of flying each flag and preparing a certificate memorializing the occasion.

 

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

 

Sec. 20.  Minnesota Statutes 2020, section 16B.2975, is amended by adding a subdivision to read:

 

Subd. 8.  Canine management.  The commissioner may give and convey to the canine's handler the state's entirety of the right, title, interest, and estate in and to the canine for which the handler trained and worked with while the canine was in service to the state.  The handler is solely responsible for all future expenses related to the retired canine.

 

Sec. 21.  [16B.361] OFFICE OF COLLABORATION AND DISPUTE RESOLUTION.

 

Subdivision 1.  Duties of the office.  The commissioner of administration shall maintain the Office of Collaboration and Dispute Resolution formerly codified as sections 179.90 and 179.91 within the Department of Administration.  The office must:


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(1) assist state agencies, offices of the executive, legislative and judicial branches, tribal governments, and units of local government in improving collaboration, dispute resolution, and public engagement;

 

(2) promote and utilize collaborative dispute resolution models and processes based on documented best practices including but not limited to:

 

(i) establishing criteria and procedures for identification and assessment of collaborative dispute resolution projects;

 

(ii) designing collaborative dispute resolution processes to foster trust, relationships, mutual understanding, and consensus-based solutions;

 

(iii) preparing and training participants; and

 

(iv) utilizing collaborative techniques, processes, and standards through facilitated meetings to develop wise and durable solutions;

 

(3) support collaboration and dispute resolution in the public and private sector by providing technical assistance and information on best practices and new developments in dispute resolution options;

 

(4) promote the broad use of community mediation in the state;

 

(5) ensure that all areas of the state have access to services by providing grants to private nonprofit entities certified by the state court administrator under chapter 494 that assist in resolution of disputes; and

 

(6) educate the public and government entities on collaboration, dispute resolution options, and public engagement.

 

Subd. 2.  Grant applications.  The commissioner may apply for and receive money made available from federal, state, or other sources for the purposes of carrying out the mission of the Office of Collaboration and Dispute Resolution.  Funds received under this subdivision are appropriated to the commissioner for their intended purpose.

 

Subd. 3.  Grant awards.  The commissioner shall to the extent funds are appropriated for this purpose, make grants to private nonprofit community mediation entities certified by the state court administrator under chapter 494 that assist in resolution of disputes.  The commissioner shall establish a grant review committee to assist in the review of grant applications and the allocation of grants under this section.

 

Subd. 4.  Eligibility.  To be eligible for a grant under this section, a nonprofit organization must meet the requirements of section 494.05, subdivision 1, clauses (1), (2), (4), and (5).

 

Subd. 5.  Conditions and exclusions.  A nonprofit entity receiving a grant must agree to comply with guidelines adopted by the state court administrator under section 494.015, subdivision 1.  Policies adopted under sections 16B.97 and 16B.98 apply to grants under this section.  The exclusions in section 494.03 apply to grants under this section.

 

Subd. 6.  Reporting.  Grantees must report data required under chapter 494 to evaluate quality and outcomes.

 

Sec. 22.  [16B.372] ENVIRONMENTAL SUSTAINABILITY GOVERNMENT OPERATIONS; OFFICE CREATED.

 

Subdivision 1.  Enterprise sustainability.  The Office of Enterprise Sustainability is established 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


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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.

 

Sec. 23.  Minnesota Statutes 2020, section 16B.48, subdivision 2, is amended to read:

 

Subd. 2.  Purpose of funds.  Money in the state treasury credited to the general services revolving fund and money that is deposited in the fund is appropriated annually to the commissioner for the following purposes:

 

(1) to operate the central mailing service, including purchasing postage and related items and refunding postage deposits;

 

(2) to operate a documents service as prescribed by section 16B.51;

 

(3) to provide services for the maintenance, operation, and upkeep of buildings and grounds managed by the commissioner of administration;

 

(4) to operate a materials handling service, including interagency mail and product delivery, solid waste removal, courier service, equipment rental, and vehicle and equipment maintenance;

 

(5) (4) to provide analytical, statistical, and organizational development services to state agencies, local units of government, metropolitan and regional agencies, and school districts; and

 

(6) (5) to perform services for any other agency.  Money may be expended for this purpose only when directed by the governor.  The agency receiving the services shall reimburse the fund for their cost, and the commissioner shall make the appropriate transfers when requested.  The term "services" as used in this clause means compensation paid officers and employees of the state government; supplies, materials, equipment, and other articles and things used by or furnished to an agency; and utility services and other services for the maintenance, operation, and upkeep of buildings and offices of the state government; and.

 

(7) to operate a state recycling center.

 

Sec. 24.  Minnesota Statutes 2020, section 16B.54, subdivision 1, is amended to read:

 

Subdivision 1.  Motor pools.  The commissioner shall manage a central motor pool of passenger motor vehicles and trucks used by state agencies with principal offices in the city of St. Paul and may provide for branch central motor pools at other places within the state.  For purposes of this section, (1) "agencies" includes the Minnesota State Colleges and Universities, and (2) "passenger motor vehicle" means on-road vehicle capable of transporting people, and (3) "truck" means a pickup or panel truck up to one ton carrying capacity.


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Sec. 25.  Minnesota Statutes 2020, section 16B.54, subdivision 2, is amended to read:

 

Subd. 2.  Vehicles.  (a) The commissioner may direct an agency to make a transfer of a passenger motor vehicle or truck currently assigned to it.  The transfer must be made to the commissioner for use in the central motor pool.  The commissioner shall reimburse an agency whose motor vehicles have been paid for with funds dedicated by the constitution for a special purpose and which are assigned to the central motor pool.  The amount of reimbursement for a motor vehicle is its average wholesale price as determined from the midwest edition of the National Automobile Dealers Association official used car guide.

 

(b) To the extent that funds are available for the purpose, the commissioner may purchase or otherwise acquire additional passenger motor vehicles and trucks necessary for the central motor pool.  The title to all motor vehicles assigned to or purchased or acquired for the central motor pool is in the name of the Department of Administration.

 

(c) On the request of an agency, the commissioner may transfer to the central motor pool any passenger motor vehicle or truck for the purpose of disposing of it.  The department or agency transferring the vehicle or truck must be paid for it from the motor pool revolving account established by this section in an amount equal to two-thirds of the average wholesale price of the vehicle or truck as determined from the midwest edition of the National Automobile Dealers Association official used car guide.

 

(d) The commissioner shall provide for the uniform marking of all motor vehicles.  Motor vehicle colors must be selected from the regular color chart provided by the manufacturer each year.  The commissioner may further provide for the use of motor vehicles without marking by:

 

(1) the governor;

 

(2) the lieutenant governor;

 

(3) the Division of Criminal Apprehension, the Division of Alcohol and Gambling Enforcement, and arson investigators of the Division of Fire Marshal in the Department of Public Safety;

 

(4) the Financial Institutions Division and investigative staff of the Department of Commerce;

 

(5) the Division of Disease Prevention and Control of the Department of Health;

 

(6) the State Lottery;

 

(7) criminal investigators of the Department of Revenue;

 

(8) state-owned community service facilities in the Department of Human Services;

 

(9) the Office of the Attorney General; and

 

(10) the investigative staff of the Gambling Control Board.; and

 

(11) the Department of Corrections inmate community work crew program under section 352.91, subdivision 3g.

 

Sec. 26.  Minnesota Statutes 2020, section 16B.98, is amended by adding a subdivision to read:

 

Subd. 12.  Grants administration.  It is the policy of the legislature to ensure that grant activities and outcomes of programs and services funded by legislative appropriations are administered by state agencies in accordance with this section and section 16B.97.  Unless amounts are otherwise appropriated for administrative costs, a state agency


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may retain up to five percent of the amount appropriated to the agency for grants enacted by the legislature and formula grants and up to ten percent for competitively awarded grants.  This subdivision applies to appropriations made for new grant programs enacted on or after July 1, 2021.

 

Sec. 27.  Minnesota Statutes 2020, section 43A.23, subdivision 1, is amended to read:

 

Subdivision 1.  General.  (a) The commissioner is authorized to request proposals or to negotiate and to enter into contracts with parties which in the judgment of the commissioner are best qualified to provide service to the benefit plans.  Contracts entered into are not subject to the requirements of sections 16C.16 to 16C.19.  The commissioner may negotiate premium rates and coverage.  The commissioner shall consider the cost of the plans, conversion options relating to the contracts, service capabilities, character, financial position, and reputation of the carriers, and any other factors which the commissioner deems appropriate.  Each benefit contract must be for a uniform term of at least one year, but may be made automatically renewable from term to term in the absence of notice of termination by either party.  A carrier licensed under chapter 62A is exempt from the taxes imposed by chapter 297I on premiums paid to it by the state.

 

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

 

(c) Notwithstanding paragraph (b), a self-insured hospital and medical product offered under sections 43A.22 to 43A.30 is required to extend dependent coverage to an eligible employee's child to the full extent required under chapters 62A and 62L.  Dependent child coverage must, at a minimum, extend to an eligible employee's dependent child to the limiting age as defined in section 62Q.01, subdivision 2a, disabled children to the extent required in sections 62A.14 and 62A.141, and dependent grandchildren to the extent required in sections 62A.042 and 62A.302.

 

(d) Beginning January 1, 2010, the health insurance benefit plans offered in the commissioner's plan under section 43A.18, subdivision 2, and the managerial plan under section 43A.18, subdivision 3, must may include an option for a health plan that is compatible with the definition of a high-deductible health plan in section 223 of the United States Internal Revenue Code.

 

Sec. 28.  Minnesota Statutes 2020, section 138.081, subdivision 1, is amended to read:

 

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.

 

Sec. 29.  Minnesota Statutes 2020, section 138.081, subdivision 2, is amended to read:

 

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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Sec. 30.  Minnesota Statutes 2020, section 138.081, subdivision 3, is amended to read:

 

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, sections 469 to 469C 54, section 312501, as amended, insofar as the provisions of the act provide for implementation by the state.

 

Sec. 31.  Minnesota Statutes 2020, 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. 32.  Minnesota Statutes 2020, 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. 33.  Minnesota Statutes 2020, 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. 34.  Minnesota Statutes 2020, section 138.665, subdivision 2, is amended to read:

 

Subd. 2.  Mediation.  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 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. 35.  Minnesota Statutes 2020, 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. 36.  Minnesota Statutes 2020, 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.  This State Historic Preservation Office.  Documentation shall include the opinion of the Minnesota Historical Society for the historic sites network under section 138.661, subdivision 3, and 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. 37.  Minnesota Statutes 2020, 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. 38.  Minnesota Statutes 2020, section 211B.20, subdivision 1, is amended to read:

 

Subdivision 1.  Prohibition.  (a) 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 a candidate an individual who has:

 

(1) has organized a campaign committee under applicable federal or state law;

 

(2) has filed a financial report as required by section 211A.02; or

 

(3) has filed an affidavit of candidacy for elected office.; or

 

(4) is a United States Census Bureau employee.

 

A candidate granted access under this section must be allowed to be accompanied by campaign volunteers.

 

(b) For candidates, access to a facility or area is only required if it is located within the district or territory that will be represented by the office to which the candidate seeks election, and the candidate and any accompanying campaign volunteers seek access exclusively for the purpose of campaigning for a candidate or registering voters.  The candidate must be seeking election to office at the next general or special election to be held for that office.

 

(c) A candidate and any accompanying campaign volunteers granted access under this section must be permitted to leave campaign materials for residents at their doors, except that the manager of a nursing home may direct that the campaign materials be left at a central location within the facility.  The campaign materials must be left in an orderly manner.

 

(d) If a facility or area contains multiple buildings, a candidate and accompanying volunteers must be permitted to access more than one building on a single visit, but access is limited to only one building at a time.  If multiple candidates are traveling together, each candidate and that candidate's accompanying volunteers is limited to one building at a time, but all of the candidates and accompanying volunteers traveling together must not be restricted to accessing the same building at the same time.

 

(e) For a United States Census Bureau employee, access to a facility or area is only required if it is part of their official work duties on a decennial census of population.  United States Census Bureau employees working on other surveys and censuses are not granted access under this section.

 

(f) A United States Census Bureau employee must be permitted to leave census materials for residents at their doors.  The census materials must be left in an orderly manner.

 

(g) If a facility or area contains multiple buildings, a United States Census Bureau employee must be permitted to access more than one building on a single visit.  If multiple employees are traveling together, they must not be restricted to accessing the same building at the same time.

 

(e) (h) A violation of this section is a petty misdemeanor.

 

Sec. 39.  Minnesota Statutes 2020, section 270B.13, is amended by adding a subdivision to read:

 

Subd. 3.  Background check; access to federal tax information.  An individual performing services for an independent contractor or a vendor under subdivision 1 who has or will have access to federal tax information is subject to the requirements of section 299C.76.

 

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


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Sec. 40.  Minnesota Statutes 2020, section 270C.21, is amended to read:

 

270C.21 TAXPAYER ASSISTANCE GRANTS.

 

Subdivision 1.  Taxpayer assistance.  When the commissioner awards grants to nonprofit eligible organizations to coordinate, facilitate, encourage, and aid in the provision of taxpayer assistance services, the commissioner must provide public notice of the grants in a timely manner so that the grant process is completed and grants are awarded by October 1, in order for recipient eligible organizations to adequately plan expenditures for the filing season.  At the time the commissioner provides public notice, the commissioner must also notify nonprofit eligible organizations that received grants in the previous biennium.

 

Subd. 2.  Eligible organization.  "Eligible organization" means an organization that meets the definition of eligible organization provided in section 7526A(e)(2)(B) of the Internal Revenue Code.

 

EFFECTIVE DATE.  This section is effective for grants awarded after June 30, 2021.

 

Sec. 41.  [299C.76] BACKGROUND CHECK; ACCESS TO FEDERAL TAX INFORMATION.

 

Subdivision 1.  Definitions.  (a) For the purposes of this section, the following definitions apply.

 

(b) "Federal tax information" means federal tax returns and return information or information derived or created from federal tax returns, in possession of or control by the requesting agency, that is covered by the safeguarding provisions of section 6103(p)(4) of the Internal Revenue Code.

 

(c) "IRS Publication 1075" means Internal Revenue Service Publication 1075 that provides guidance and requirements for the protection and confidentiality of federal tax information as required in section 6103(p)(4) of the Internal Revenue Code.

 

(d) "National criminal history record information" means the Federal Bureau of Investigation identification records as defined in Code of Federal Regulations, title 28, section 20.3(d).

 

(e) "Requesting agency" means the Department of Revenue, Department of Employment and Economic Development, Department of Human Services, board of directors of MNsure, the Office of MN.IT Services, and counties.

 

Subd. 2.  National criminal history record information check.  As required by IRS Publication 1075, a requesting agency shall require fingerprints for a national criminal history record information check from the following individuals who have or will have access to federal tax information:

 

(1) a current or prospective permanent or temporary employee of the requesting agency;

 

(2) an independent contractor or vendor of the requesting agency;

 

(3) an employee or agent of an independent contractor or vendor of the requesting agency; or

 

(4) any other individual authorized to access federal tax information by the requesting agency.

 

Subd. 3.  Fingerprint submission and written statement of understanding.  An individual subject to this section must provide fingerprints and a written statement of understanding that the fingerprints will be used for a background check to the requesting agency.  The requesting agency must submit the fingerprints and written statement of understanding, along with the processing fees, to the superintendent of the Bureau of Criminal Apprehension.  The fingerprints must only be used for the purposes described in this section.


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Subd. 4.  Bureau of Criminal Apprehension requirements.  (a) After the superintendent of the Bureau of Criminal Apprehension notifies requesting agencies that the United States Attorney General has approved the request for submission under Public Law 92-544, a requesting agency may submit information under subdivision 3.

 

(b) Upon receipt of the information under subdivision 3, the superintendent of the Bureau of Criminal Apprehension must:

 

(1) perform a state criminal history record information search;

 

(2) exchange the fingerprints to the Federal Bureau of Investigation to facilitate a search of the national criminal history record information;

 

(3) compile the results of the state and national criminal history record information searches; and

 

(4) provide the results to the requesting agency.

 

Subd. 5.  Classification of data.  (a) All data collected, created, received, maintained, or disseminated by the requesting agency under this section is classified as private data on individuals as defined in section 13.02, subdivision 12.

 

(b) Notwithstanding any law to the contrary, a requesting agency must not further disseminate the results received under subdivision 4.

 

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

 

Sec. 42.  Minnesota Statutes 2020, section 349.151, subdivision 2, is amended to read:

 

Subd. 2.  Membership.  (a) The board consists of seven members, as follows:  (1) five members appointed by the governor; (2) one member appointed by the commissioner of public safety; and (3) one member appointed by the attorney general.

 

(b) All appointments under this subdivision are with the advice and consent of the senate.

 

(c) After expiration of the initial terms, Appointments are for four years.  A member may continue holding office until a successor is appointed unless, prior to the expiration of the member's term, the appointing authority notifies the board that a member's appointment may not be extended.

 

(d) The board shall select one of its members to serve as chair.  No more than three members appointed by the governor under this subdivision may belong to the same political party.

 

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

 

Sec. 43.  Minnesota Statutes 2020, section 473.24, is amended to read:

 

473.24 POPULATION ESTIMATES.

 

(a) The Metropolitan Council shall annually prepare an estimate of population for each county, city, and town in the metropolitan area and an estimate of the number of households and average household size for each city in the metropolitan area with a population of 2,500 or more, and an estimate of population over age 65 for each county in the metropolitan area, and convey the estimates to the governing body of each county, city, or town by June 1 each year or, in a year following a decennial census, within six weeks of the date the data are provided by the United


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States Census Bureau in that year.  In the case of a city or town that is located partly within and partly without the metropolitan area, the Metropolitan Council shall estimate the proportion of the total population and the average size of households that reside within the area.  The Metropolitan Council may prepare an estimate of the population and of the average household size for any other political subdivision located in the metropolitan area.

 

(b) A governing body may challenge an estimate made under this section by filing its specific objections in writing with the Metropolitan Council by June 24.  If the challenge does not result in an acceptable estimate, the governing body may have a special census conducted by the United States Bureau of the Census.  The political subdivision must notify the Metropolitan Council on or before July 1 of its intent to have the special census conducted.  The political subdivision must bear all costs of the special census.  Results of the special census must be received by the Metropolitan Council by the next April 15 to be used in that year's June 1 estimate under this section.  In the year following a decennial census, challenges to the census count must be submitted to the United States Census Bureau through its formal challenge process.  The Metropolitan Council shall certify the estimates of population and the average household size to the state demographer and to the commissioner of revenue by July 15 each year, including any estimates still under objection, except that in a year following a decennial census, the estimate must be certified within six weeks of the date the data are provided by the United States Census Bureau in that year.

 

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

 

Sec. 44.  PURPOSE; BACKGROUND CHECKS TO ACCESS FEDERAL TAX INFORMATION.

 

It is the intent of the legislature to ensure compliance with section 6103 of the Internal Revenue Code and IRS Publication 1075.

 

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

 

Sec. 45.  RACIAL EQUITY IMPACT ASSESSMENT WORKING GROUP.

 

Subdivision 1.  Working group established; membership.  (a) A Racial Equity Impact Assessment Working Group is established.  The working group consists of the following members:

 

(1) the commissioner of human rights or the commissioner's designee;

 

(2) a representative of the Center for Economic Inclusion;

 

(3) a representative of Voices for Racial Justice;

 

(4) three members of the public, appointed by the commissioner of human rights;

 

(5) two business community representatives designated by the Minnesota Business Partnership;

 

(6) one member of the public appointed by the Council for Minnesotans of African Heritage;

 

(7) one member of the public appointed by the Minnesota Council on Latino Affairs;

 

(8) one member of the public appointed by the Council on Asian-Pacific Minnesotans;

 

(9) four members affiliated with community-based organizations that represent people of color and indigenous communities, appointed by the speaker of the house; and

 

(10) four members affiliated with community-based organizations that represent people of color and indigenous communities, appointed by the majority leader of the senate.


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(b) In making appointments, the speaker of the house and the majority leader of the senate must consult with the members of the People of Color and Indigenous Caucus within each respective body.

 

(c) The commissioner of management and budget, the state demographer, the state economist, and the director of the Legislative Budget Office serve as ex-officio, nonvoting members of the working group.

 

Subd. 2.  Duties.  (a) The working group must develop recommendations for the preparation of a racial equity impact note for proposed legislation.  In conducting its work, the group must engage members of racial and ethnic groups disproportionately impacted by disparities.  The working group must consider racial equity analysis procedures for legislation proposed in other states, and identify sources of disaggregated data that could be used in the development and completion of a racial equity impact note in Minnesota.

 

(b) The working group must submit a report describing its recommendations by February 1, 2022, to the chairs and ranking minority members of the house of representatives Ways and Means and State Government Finance and Elections committees, and the senate Finance and State Government Finance and Policy and Elections committees.  The report may include draft legislation to codify the working group's recommendations.

 

(c) At its discretion, the working group may continue to study and make additional reports following the submission of its initial report under paragraph (b).

 

(d) For purposes of this section, "disparities" includes but is not limited to the difference in economic, employment, health, education, housing, or public safety outcomes between the state population as a whole and racial and ethnic subgroups of the population.

 

Subd. 3.  Administration; assistance of experts.  (a) The executive director of the Legislative Budget Office shall convene the first meeting of the working group no later than September 1, 2021, and serves as the working group's executive secretary.  Upon request of the working group members, the executive director of the Legislative Budget Office must arrange meeting space and provide administrative support for the group.

 

(b) In conducting its work, the working group may request the assistance of private sector experts specializing in issues related to the economic impacts of racial inequity.

 

Subd. 4.  Chair.  The members of the working group must elect a chair or cochairs at the initial meeting.

 

Subd. 5.  Compensation.  Members of the working group may be compensated as provided in Minnesota Statutes, section 15.059, subdivision 3.

 

Subd. 6.  Gifts and grants.  The working group may accept gifts and grants, which are accepted on behalf of the state and constitute donations to the state.  Funds received under this subdivision are appropriated to the Legislative Budget Office for purposes of the working group.

 

Subd. 7.  Deadline for appointments and designations.  The appointments and designations authorized by this section must be completed by August 1, 2021.

 

Subd. 8.  Expiration.  The working group expires September 1, 2023.

 

Sec. 46.  SENSORY ACCESSIBILITY ACCOMMODATIONS GRANTS.

 

(a) The Minnesota Council on Disability shall award grants to state organizations, counties, cities, and private holders of public access space to fund building modifications to provide sensory accessibility or accommodations to increase accessible community involvement and access for individuals who have autism spectrum disorder or a related disability or other nonvisible health issue with sensory impacts.  Grantees may use grants to modify public space to:


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(1) create sensory-friendly spaces;

 

(2) modify public use space to meet sensory-friendly design standards;

 

(3) equip a facility with mobile tool kits to support sensory needs; or

 

(4) provide quiet zones or times of service.

 

Grantees must also complete disability training to provide staff with the skills necessary to successfully incorporate building modifications that support individuals within the sensory modifications made.

 

(b) The council may use up to ten percent of this appropriation for grants administration.

 

(c) By February 15, 2024, the council shall report to the legislative committees having jurisdiction over health and public safety policy on how this appropriation was spent and what results were achieved.

 

Sec. 47.  CHECK OR DEBIT CARD FOR CERTAIN GAMBLING PURCHASES.

 

Notwithstanding Minnesota Statutes, section 349.2127, subdivision 7, during a telephone communication initiated by persons seeking to purchase a raffle ticket, an organization may accept a check or debit card for raffle purchases, provided a debit card is checked against a nationally recognized database of bank identification numbers that confirms the card is a debit card.

 

EFFECTIVE DATE.  This section is effective the day following final enactment and expires July 1, 2022.

 

Sec. 48.  REVISOR INSTRUCTION.

 

The revisor of statutes shall change "central motor pool" to "enterprise fleet" wherever the term appears in Minnesota Statutes.

 

Sec. 49.  REPEALER.

 

Subdivision 1.  Legislative auditor.  Minnesota Statutes 2020, sections 3.972, subdivisions 2c and 2d; 3.9741, subdivision 5; and 299D.03, subdivision 2a, are repealed.

 

Subd. 2.  Employee gainsharing.  Minnesota Statutes 2020, section 16A.90, is repealed.

 

Subd. 3.  Interagency agreements and transfers.  Minnesota Statutes 2020, section 15.0395, is repealed.

 

Subd. 4.  Department of Administration.  Minnesota Statutes 2020, sections 4A.11; 179.90; and 179.91, are repealed.

 

ARTICLE 3

ELECTIONS ADMINISTRATION

 

Section 1.  Minnesota Statutes 2020, section 5.30, subdivision 2, is amended to read:

 

Subd. 2.  Appropriation.  Notwithstanding section 4.07, Money in the Help America Vote Act account may be spent only pursuant to direct appropriations enacted from time to time by law.  Money in the account must be spent is appropriated to the secretary of state to improve the administration of elections in accordance with the Help America Vote Act, the state plan certified by the governor under the act, and for reporting and administrative


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requirements under the act and plan.  To the extent required by federal law, money in the account must be used in a manner that is consistent with the maintenance of effort requirements of section 254(a)(7) of the Help America Vote Act, Public Law 107-252, based on the level of state expenditures for the fiscal year ending June 30, 2000.

 

EFFECTIVE DATE.  This section is effective the day following final enactment and applies to any balances of money in the Help America Vote Act account existing on or after that date.

 

Sec. 2.  Minnesota Statutes 2020, section 5B.06, is amended to read:

 

5B.06 VOTING BY PROGRAM PARTICIPANT; ABSENTEE BALLOT.

 

A program participant who is otherwise eligible to vote may register with the secretary of state as a permanent absentee voter.  Notwithstanding section 203B.04, subdivision 5, the secretary of state is not required to send an absentee ballot application prior to each election to a program participant registered as a permanent absentee voter under this section.  As soon as practicable before each election, the secretary of state shall determine the precinct in which the residential address of the a program participant is located and.  Upon making a precinct determination, the secretary of state shall either (1) request from and receive from the county auditor or other election official the ballot for that precinct and shall forward mail the absentee ballot to the program participant with the other, or (2) using the Minnesota statewide voter registration system, prepare the program participant's ballot for that precinct and mail the absentee ballot to the program participant.  The secretary of state shall include with each mailed absentee ballot all corresponding materials for absentee balloting as required by Minnesota law.  The program participant shall complete the ballot and return it to the secretary of state, who shall review the ballot in the manner provided by section 203B.121, subdivision 2.  If the ballot and ballot materials comply with the requirements of that section, the ballot must be certified by the secretary of state as the ballot of a program participant, and must be forwarded to the appropriate electoral jurisdiction for tabulation along with all other ballots.  The name and address of a program participant must not be listed in the statewide voter registration system.

 

Sec. 3.  Minnesota Statutes 2020, section 8.31, subdivision 1, is amended to read:

 

Subdivision 1.  Investigate offenses against provisions of certain designated sections; assist in enforcement.  The attorney general shall investigate violations of and assist in the enforcement of the following laws as in this section provided:

 

(1) the law of this state respecting unfair, discriminatory, and other unlawful practices in business, commerce, or trade, and specifically, but not exclusively, the Nonprofit Corporation Act (sections 317A.001 to 317A.909), the Act Against Unfair Discrimination and Competition (sections 325D.01 to 325D.07), the Unlawful Trade Practices Act (sections 325D.09 to 325D.16), the Antitrust Act (sections 325D.49 to 325D.66), section 325F.67 and other laws against false or fraudulent advertising, the antidiscrimination acts contained in section 325D.67, the act against monopolization of food products (section 325D.68), the act regulating telephone advertising services (section 325E.39), the Prevention of Consumer Fraud Act (sections 325F.68 to 325F.70), and chapter 53A regulating currency exchanges and assist in the enforcement of those laws as in this section provide; and

 

(2) section 211B.075 regulating voter intimidation, interference, and deceptive practices in elections.

 

Sec. 4.  Minnesota Statutes 2020, section 13.607, is amended by adding a subdivision to read:

 

Subd. 9.  Data derived from driver's license or Minnesota identification card applications.  Data on an application for a driver's license or a Minnesota identification card 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. 5.  Minnesota Statutes 2020, section 135A.17, subdivision 2, is amended to read:

 

Subd. 2.  Residential housing list.  All postsecondary institutions that enroll students accepting state or federal financial aid may prepare a current list of students enrolled in the institution and residing in the institution's housing or within ten miles of the institution's campus.  All postsecondary institutions that enroll students accepting state financial aid must prepare a current list of students enrolled in the institution and residing in the institution's housing or within ten miles of the institution's campus.  The list shall include each student's current address, unless the student is enrolled in the Safe at Home address confidentiality program as provided in chapter 5B.  The list shall be certified and sent to the appropriate county auditor or auditors for use in election day registration as provided under section 201.061, subdivision 3.  A residential housing list provided under this subdivision may not be used or disseminated by a county auditor or the secretary of state for any other purpose.

 

Sec. 6.  Minnesota Statutes 2020, 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 is no longer incarcerated for the felony conviction, 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. 7.  Minnesota Statutes 2020, 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:

 

"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 maintained residence 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 conviction of a felony offense; and


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(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. 8.  Minnesota Statutes 2020, section 201.071, subdivision 2, is amended to read:

 

Subd. 2.  Instructions.  (a) A registration application shall be accompanied by instructions specifying the manner and method of registration, the qualifications for voting, the penalties for false registration, and the availability of registration and voting assistance for elderly and disabled individuals and residents of health care facilities and hospitals. 

 

(b) The instructions must indicate that if the voter does not have must provide a valid Minnesota driver's license or identification card number, or the last four digits of the voter's Social Security number must be provided, unless the voter does not have a Social Security number, unless the voter has not been issued one of those numbers. 

 

(c) If, prior to election day, a person requests the instructions in Braille, audio format, or in a version printed in 16-point bold type with 24-point leading, the county auditor shall provide them in the form requested.  The secretary of state shall prepare Braille and audio copies and make them available.

 

Sec. 9.  Minnesota Statutes 2020, section 201.071, subdivision 3, is amended to read:

 

Subd. 3.  Deficient registration.  No (a) A voter registration application is not deficient if it contains the voter's:

 

(1) name, address, and date of birth,;

 

(2) current and valid Minnesota driver's license number or, Minnesota state identification number, or if the voter has no current and valid Minnesota driver's license or Minnesota state identification number, the last four digits of the voter's Social Security number, if the voter has been issued a Social Security number,;

 

(3) prior registration, if any,; and

 

(4) signature. 

 

(b) A voter registration application is not deficient due to any of the following:


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(1) the absence of a zip code number does not cause the registration to be deficient.;

 

(2) failure to check a box on an application form that a voter has certified to be true does not cause the registration to be deficient; or

 

(3) the absence of a number listed under paragraph (a), clause (2), if the voter has not been issued one of those numbers and the information can be verified in another government database associated with the applicant's name and date of birth, or the application was accepted before January 1, 2004.

 

The election judges shall request an individual to correct a voter registration application if it is deficient or illegible.  No eligible voter may be prevented from voting unless the voter's registration application is deficient or the voter is duly and successfully challenged in accordance with section 201.195 or 204C.12.

 

(c) A voter registration application:

 

(1) accepted prior to August 1, 1983, is not deficient for lack of date of birth.  The county or municipality may attempt to obtain the date of birth for a voter registration application accepted prior to August 1, 1983, by a request to the voter at any time except at the polling place.  Failure by the voter to comply with this request does not make the registration deficient.; and

 

A voter registration application accepted before January 1, 2004, is not deficient for lack of a valid Minnesota driver's license or state identification number or the last four digits of a Social Security number. 

 

A voter registration application submitted by a voter who does not have a Minnesota driver's license or state identification number, or a Social Security number, is not deficient for lack of any of these numbers.

 

A voter registration application (2) submitted electronically through the website of the secretary of state prior to April 30, 2014, is not invalid as a result of its electronic submission.

 

(d) An election judge must request an individual to correct a voter registration application if it is deficient or illegible.  An eligible voter must not be prevented from voting unless the voter's registration application is deficient or the voter's eligibility to vote is successfully challenged under section 201.195 or 204C.12.

 

Sec. 10.  Minnesota Statutes 2020, section 201.071, subdivision 8, is amended to read:

 

Subd. 8.  School district assistance.  School districts shall assist county auditors in determining the school district in which a voter resides maintains residence.

 

Sec. 11.  Minnesota Statutes 2020, section 201.091, subdivision 2, is amended to read:

 

Subd. 2.  Corrected list.  By February 15 of each year, the secretary of state shall prepare the master list for each county auditor.  The records in the statewide registration system must be periodically corrected and updated by the county auditor.  An updated master list for each precinct must be available for absentee voting at least 46 days before each election.  A final corrected master list must be available seven 14 days before each election.

 

Sec. 12.  Minnesota Statutes 2020, section 201.12, subdivision 2, is amended to read:

 

Subd. 2.  Moved within state.  If any nonforwardable mailing from an election official is returned as undeliverable but with a permanent forwarding address in this state, the county auditor may change the voter's status to "inactive" in the statewide registration system and shall transmit a copy of the mailing to the auditor of the county in which the new address is located.  If an election is scheduled to occur in the precinct in which the voter resides


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maintains residence in the next 47 days, the county auditor shall promptly update the voter's address in the statewide voter registration system.  If there is not an election scheduled, the auditor may wait to update the voter's address until after the next list of address changes is received from the secretary of state.  Once updated, the county auditor shall mail to the voter a notice stating the voter's name, address, precinct, and polling place, except that if the voter's record is challenged due to a felony conviction, noncitizenship, name change, incompetence, or a court's revocation of voting rights of individuals under guardianship, the auditor must not mail the notice.  The notice must advise the voter that the voter's voting address has been changed and that the voter must notify the county auditor within 21 days if the new address is not the voter's address of residence.  The notice must state that it must be returned if it is not deliverable to the voter at the named address.

 

Sec. 13.  Minnesota Statutes 2020, section 201.121, subdivision 3, is amended to read:

 

Subd. 3.  Postelection sampling.  (a) Within ten days after an election, the county auditor shall send the notice required by subdivision 2 to a random sampling of the individuals registered on election day.  The random sampling shall be determined in accordance with the rules of the secretary of state.  As soon as practicable after the election, the county auditor shall mail the notice required by subdivision 2 to all other individuals registered on election day.  If a notice is returned as not deliverable, the county auditor shall attempt to determine the reason for the return.  A county auditor who does not receive or obtain satisfactory proof of an individual's eligibility to vote shall immediately notify the county attorney of all of the relevant information.  The By February 15 of each odd‑numbered year, the county auditor must notify the secretary of state of the following information for the previous state general election by each precinct:

 

(1) the total number of all notices that were returned as nondeliverable;

 

(2) the total number of nondeliverable notices that the county auditor was able to determine the reason for the return along with the reason for each return; and

 

(3) the total number of individuals for whom the county auditor does not receive or obtain satisfactory proof of an individual's eligibility to vote.

 

(b) By March 1 of every odd-numbered year, the secretary of state shall report to the chair and ranking minority members of the legislative committees with jurisdiction over elections the following information for the previous state general election by each precinct and each county:

 

(1) the total number of all notices that were returned as nondeliverable;

 

(2) the total number of nondeliverable notices that a county auditor was able to determine the reason for the return along with the reason for each return; and

 

(3) the total number of individuals for whom the county auditor does not receive or obtain satisfactory proof of an individual's eligibility to vote.

 

Sec. 14.  Minnesota Statutes 2020, section 201.13, subdivision 3, is amended to read:

 

Subd. 3.  Use of change of address system.  (a) At least once each month the secretary of state shall obtain a list of individuals registered to vote in this state who have filed with the United States Postal Service a change of their permanent address.  The secretary of state may also periodically obtain a list of individuals with driver's licenses or state identification cards to identify those who are registered to vote who have applied to the Department of Public Safety for a replacement driver's license or state identification card with a different address, and a list of individuals for whom the Department of Public Safety received notification of a driver's license or state identification card cancellation due to a change of residency out of state.  However, the secretary of state shall not load data derived from these lists into the statewide voter registration system within the 47 days before the state primary or 47 days before a November general election.


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(b) If the address is changed to another address in this state, the secretary of state shall locate the precinct in which the voter resides maintains residence, if possible.  If the secretary of state is able to locate the precinct in which the voter resides maintains residence, the secretary must transmit the information about the changed address by electronic means to the county auditor of the county in which the new address is located.  For addresses for which the secretary of state is unable to determine the precinct, the secretary may forward information to the appropriate county auditors for individual review.  If the voter has not voted or submitted a voter registration application since the address change, upon receipt of the information, the county auditor shall update the voter's address in the statewide voter registration system.  The county auditor shall mail to the voter a notice stating the voter's name, address, precinct, and polling place, unless the voter's record is challenged due to a felony conviction, noncitizenship, name change, incompetence, or a court's revocation of voting rights of individuals under guardianship, in which case the auditor must not mail the notice.  The notice must advise the voter that the voter's voting address has been changed and that the voter must notify the county auditor within 21 days if the new address is not the voter's address of residence.  The notice must state that it must be returned if it is not deliverable to the voter at the named address.

 

(c) If the change of permanent address is to an address outside this state, the secretary of state shall notify by electronic means the auditor of the county where the voter formerly resided maintained residence that the voter has moved to another state.  If the voter has not voted or submitted a voter registration application since the address change, the county auditor shall promptly mail to the voter at the voter's new address a notice advising the voter that the voter's status in the statewide voter registration system will be changed to "inactive" unless the voter notifies the county auditor within 21 days that the voter is retaining the former address as the voter's address of residence, except that if the voter's record is challenged due to a felony conviction, noncitizenship, name change, incompetence, or a court's revocation of voting rights of individuals under guardianship, the auditor must not mail the notice.  If the notice is not received by the deadline, the county auditor shall change the voter's status to "inactive" in the statewide voter registration system.

 

(d) If, in order to maintain voter registration records, the secretary of state enters an agreement to share information or data with an organization governed exclusively by a group of states, the secretary must first determine that the data security protocols are sufficient to safeguard the information or data shared.  If required by such an agreement, the secretary of state may share the following data from the statewide voter registration system and data released to the secretary of state under section 171.12, subdivision 7a:

 

(1) name;

 

(2) date of birth;

 

(3) address;

 

(4) driver's license or state identification card number;

 

(5) the last four digits of an individual's Social Security number; and

 

(6) the date that an individual's record was last updated.

 

If the secretary of state enters into such an agreement, the secretary and county auditors must process changes to voter records based upon that data in accordance with this section.  Except as otherwise provided in this subdivision, when data is shared with the secretary of state by another state, the secretary of state must maintain the same data classification that the data had while it was in the possession of the state providing the data.


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Sec. 15.  Minnesota Statutes 2020, section 201.161, is amended to read:

 

201.161 DRIVER'S LICENSE AND IDENTIFICATION CARD APPLICATIONS AUTOMATIC VOTER REGISTRATION.

 

Subdivision 1.  Automatic registration.  Except as otherwise provided in this section, an individual must be registered to vote if the individual is eligible to vote under section 201.014 and properly completes and submits one of the following applications, if the application otherwise requires documentation of citizenship:

 

(1) an application for a new or renewed Minnesota driver's license or identification card; or

 

(2) an application for benefits or services to a state agency participating under subdivision 4.

 

Subd. 2.  Option to decline registration.  After an individual submits an application qualifying for registration under this section, a county auditor must provide, by mail, a notice of the option and the procedures necessary to decline to be registered to vote pursuant to subdivision 6 and section 201.12, subdivision 1.  An individual must not be registered to vote if the individual declines to be registered within 20 days of submitting the application.  The individual must continue to be offered an opportunity to be registered upon completion or submission of a qualifying application unless the individual presents documentation demonstrating a lack of citizenship or a failure to meet other eligibility criteria.

 

Subd. 3.  Department of Public Safety.  (a) The Department commissioner of public safety shall, in consultation with the secretary of state, must change its the applications for an original, duplicate, or change of address driver's license or identification card so that the forms may also serve as voter registration applications, if the application otherwise includes verification of the applicant's citizenship.  The forms must contain spaces for all information collected by voter registration applications required to register to vote, as 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 Unless the applicant has provided an address other than the applicant's address of residence under section 171.12, subdivision 7, paragraph (d), the commissioner must 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, signature image, 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.  At least monthly, the commissioner must submit data to the secretary of state identifying the total number of people applying for services in a manner that qualifies for voter registration under this section and the total number of individuals whose records were actually transferred for registration.

 

(b) Information on an applicant for a form of an original, duplicate, or change of address driver's license or identification card that does not include verification of citizenship must not be transmitted to the secretary of state.  The commissioner must provide these applicants with information on the voting eligibility and the requirements for registering to vote at the time of the transaction.

 

(c) An applicant must not be registered to vote under this subdivision until the commissioner of public safety has certified that the department's systems have been tested and can accurately provide the required 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.  The department's systems must be tested and accurately provide the necessary date no later than June 1, 2022.

 

(d) For purposes of this section, "driver's license" includes any instruction permit, provisional license, limited license, restricted license, or operator's permit issuable by the commissioner of public safety under chapter 171.


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Subd. 4.  Other agencies and units of government.  (a) The commissioner of any state agency, and the administrative head of any local government or the government of a federally recognized Indian tribe within the state, in consultation with the secretary of state, may cause any form or application within its jurisdiction to serve as a voter registration application, if the form or application already provides verification of an applicant's United States citizenship.  The form or application must contain spaces for all information required to register to vote as prescribed by the secretary of state.  The commissioner or administrative head must transmit the information daily by electronic means to the secretary of state on any individual whose United States citizenship has been verified.  At least monthly, the commissioner must submit data to the secretary of state identifying the total number of people applying for services in a manner that qualifies for voter registration under this section, and the total number of individuals whose records were actually transferred for registration.

 

(b) The commissioner or administrative head, in consultation with the secretary of state, may cause any form or application within its jurisdiction to serve as an update to the address on an applicant's existing voter registration record.  The commissioner or administrative head must transmit the information daily by electronic means to the secretary of state.  At least monthly, the commissioner or administrative head must submit data to the secretary of state identifying the total number of people applying for services in a manner that qualifies for a voter registration address update under this paragraph, and the total number of individuals whose records were actually transferred for updates.

 

(c) An applicant must not be registered to vote under this subdivision until the agency's commissioner, or the administrative head of the local or tribal government, has certified that the necessary systems have been tested and can accurately provide the required 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. 5.  Registration.  (a) The secretary of state must determine whether an applicant whose information is submitted under this section is currently registered in the statewide voter registration system.  For each currently registered voter whose registration is not changed, the secretary of state must 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 must 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 must determine whether the applicant is 18 years of age or older and a citizen of the United States.  The secretary of state must also 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 must 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 must 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.

 

(d) The county auditor must inactivate the voter's record in the statewide voter registration system upon receipt of a written request, signed by the voter, that the registration be inactivated.

 

Subd. 6.  Notice.  Upon receipt of the registration information, the county auditor must provide to the voter the notice of registration required by section 201.121, subdivision 2.  A notice mailed under this subdivision must include information on declining the registration within the period authorized by subdivision 2, if the voter does not wish to be registered to vote.  The secretary of state may adopt rules prescribing the notice required by this subdivision and subdivision 2.


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Subd. 7.  Prosecution of registration violations; voluntary action required.  Unless an individual knows of the individual's ineligibility to vote and intentionally takes voluntary action to become registered, the transfer of the individual's record under this section does not constitute completion or submission of a voter registration application by that individual.  If an application is processed and the individual is registered by the state under this section, the application and registration is presumed to have been officially authorized by the state and the individual is not subject to penalty under this section or other applicable law if the individual is subsequently determined to be ineligible.

 

Subd. 8.  Effective date.  A registration application completed pursuant to this section that is dated during the 20 days before an election is not effective until the day after the election.  This subdivision does not limit the ability of a person to register to vote on election day as provided in section 201.061, subdivision 3.  Any person who submits an application under this section that is dated during the 20 days before an election shall be provided at the time of application with a notice advising the applicant of the procedures to register to vote on election day.

 

Sec. 16.  Minnesota Statutes 2020, section 201.1611, subdivision 1, is amended to read:

 

Subdivision 1.  Forms.  All postsecondary institutions that enroll students accepting state or federal financial aid shall provide voter registration forms to each student as early as possible in the fall quarter.  All school districts shall make available voter registration applications each May and September to all students registered as students of the school district who will be eligible to vote at the next election after those months.  A school district has no obligation to provide voter registration applications to students who participate in a postsecondary education option program or who otherwise reside maintain residence in the district but do not attend a school operated by the district.  A school district fulfills its obligation to a student under this section if it provides a voter registration application to the student one time.  The forms must contain spaces for the information required in section 201.071, subdivision 1, and applicable rules of the secretary of state.  The institutions and school districts may request these forms from the secretary of state.  Institutions shall consult with their campus student government in determining the most effective means of distributing the forms and in seeking to facilitate election day registration of students under section 201.061, subdivision 3.  School districts must advise students that completion of the voter registration application is not a school district requirement.

 

Sec. 17.  Minnesota Statutes 2020, section 201.162, is amended to read:

 

201.162 DUTIES OF STATE AGENCIES.

 

The commissioner or chief administrative officer of each state agency or community-based public agency or nonprofit corporation that contracts with the state agency to carry out obligations of the state agency shall provide voter registration services for employees and the public including, as applicable, automatic voter registration or information on voter eligibility and registration procedures as required under section 201.161.  A person may complete a voter registration application or apply to change a voter registration name or address if the person has the proper qualifications on the date of application.  Nonpartisan voter registration assistance, including routinely asking members of the public served by the agency whether they would like to register to vote and, if necessary, assisting them in preparing the registration forms must be part of the job of appropriate agency employees.

 

Sec. 18.  Minnesota Statutes 2020, section 201.225, subdivision 2, is amended to read:

 

Subd. 2.  Technology requirements.  An electronic roster must:

 

(1) be able to be loaded with a data file that includes voter registration data in a file format prescribed by the secretary of state;

 

(2) allow for data to be exported in a file format prescribed by the secretary of state;


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(3) allow for data to be entered manually or by scanning a Minnesota driver's license or identification card to locate a voter record or populate a voter registration application that would be printed and signed and dated by the voter.  The printed registration application can be either a printed form, labels printed with voter information to be affixed to a preprinted form, or a combination of both;

 

(4) allow an election judge to update data that was populated from a scanned driver's license or identification card;

 

(5) cue an election judge to ask for and input data that is not populated from a scanned driver's license or identification card that is otherwise required to be collected from the voter or an election judge;

 

(6) immediately alert the election judge if the voter has provided information that indicates that the voter is not eligible to vote;

 

(7) immediately alert the election judge if the electronic roster indicates that a voter has already voted in that precinct, the voter's registration status is challenged, or it appears the voter resides maintains residence in a different precinct;

 

(8) provide immediate instructions on how to resolve a particular type of challenge when a voter's record is challenged;

 

(9) provide for a printed voter signature certificate, containing the voter's name, address of residence, date of birth, voter identification number, the oath required by section 204C.10, and a space for the voter's original signature.  The printed voter signature certificate can be either a printed form or a label printed with the voter's information to be affixed to the oath;

 

(10) contain only preregistered voters within the precinct, and not contain preregistered voter data on voters registered outside of the precinct;

 

(11) be only networked within the polling location on election day, except for the purpose of updating absentee ballot records;

 

(12) meet minimum security, reliability, and networking standards established by the Office of the Secretary of State in consultation with the Office of MN.IT Services;

 

(13) be capable of providing a voter's correct polling place; and

 

(14) perform any other functions necessary for the efficient and secure administration of the participating election, as determined by the secretary of state.

 

Electronic rosters used only for election day registration do not need to comply with clauses (1), (8), and (10).  Electronic rosters used only for preregistered voter processing do not need to comply with clauses (4) and (5).

 

Sec. 19.  [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.


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Sec. 20.  Minnesota Statutes 2020, section 202A.11, subdivision 2, is amended to read:

 

Subd. 2.  Right to use.  A major political party which has adopted a party name is entitled to the exclusive use of that name for the designation of its candidates on all ballots, and no candidate of any other political party is entitled to have printed on a ballot as a party designation any part of that name.  Improper use of a major political party's name may be the subject of a petition filed under section 204B.44.

 

Sec. 21.  Minnesota Statutes 2020, section 202A.16, subdivision 1, is amended to read:

 

Subdivision 1.  Eligible voters.  Only those individuals who are or will be eligible to vote at the time of the next state general election, may vote or be elected a delegate or officer at the precinct caucus.  An eligible voter may vote or be elected a delegate or officer only in the precinct where the voter resides maintains residence at the time of the caucus.

 

Sec. 22.  Minnesota Statutes 2020, section 203B.01, subdivision 3, is amended to read:

 

Subd. 3.  Military.  "Military" means the Army, Navy, Air Force, Marine Corps, Coast Guard or Merchant Marine of the United States, all other uniformed services as defined in United States Code, title 52, section 20310, and military forces as defined by section 190.05, subdivision 3, or any eligible citizen of Minnesota enrolled as a student at the United States Naval Academy, the United States Coast Guard Academy, the United States Merchant Marine Academy, the United States Air Force Academy, or the United States Military Academy.

 

Sec. 23.  Minnesota Statutes 2020, section 203B.01, is amended by adding a subdivision to read:

 

Subd. 5.  Utility worker.  "Utility worker" means an employee of a public utility as defined by section 216B.02, subdivision 4.

 

Sec. 24.  Minnesota Statutes 2020, section 203B.02, is amended by adding a subdivision to read:

 

Subd. 4.  Emergency response providers.  Any trained or certified emergency response provider or utility worker who is deployed during the time period authorized by law for absentee voting, on election day, or during any state of emergency declared by the President of the United States or any governor of any state within the United States may vote by absentee ballot either as provided by sections 203B.04 to 203B.15 or sections 203B.16 to 203B.27.

 

Sec. 25.  Minnesota Statutes 2020, section 203B.04, subdivision 1, is amended to read:

 

Subdivision 1.  Application procedures.  (a) Except as otherwise allowed by subdivision 2 or by section 203B.11, subdivision 4, an application for absentee ballots for any election may be submitted at any time not less than one day before the day of that election.  The county auditor shall prepare absentee ballot application forms in the format provided by the secretary of state and shall furnish them to any person on request.  By January 1 of each even-numbered year, the secretary of state shall make the forms to be used available to auditors through electronic means.  An application submitted pursuant to this subdivision shall be in writing.  An application may be submitted in person, by electronic facsimile device, by electronic mail, or by mail to:

 

(1) the county auditor of the county where the applicant maintains residence; or

 

(2) the municipal clerk of the municipality, or school district if applicable, where the applicant maintains residence.

 

For a federal, state, or county election, an absentee ballot application may alternatively be submitted electronically through a secure website that shall be maintained by the secretary of state for this purpose.  Notwithstanding paragraph (b), the secretary of state must require applicants using the website to submit the applicant's e­mail address and verifiable Minnesota driver's license number, Minnesota state identification card number, or the last four digits of the applicant's Social Security number.


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An application submitted electronically under this paragraph may only be transmitted to the county auditor for processing if the secretary of state has verified the application information matches the information in a government database associated with the applicant's driver's license number, state identification card number, or Social Security number.  The secretary of state must review all unverifiable applications for evidence of suspicious activity and must forward any such application to an appropriate law enforcement agency for investigation.

 

(b) An application shall be approved if it is timely received, signed and dated by the applicant, contains the applicant's name and residence and mailing addresses, date of birth, and at least one of the following:

 

(1) the applicant's Minnesota driver's license number;

 

(2) Minnesota state identification card number;

 

(3) the last four digits of the applicant's Social Security number; or

 

(4) a statement that the applicant does not have any of these numbers.

 

(c) To be approved, the application must contain an oath that the information contained on the form is accurate, that the applicant is applying on the applicant's own behalf, and that the applicant is signing the form under penalty of perjury.

 

(d) An applicant's full date of birth, Minnesota driver's license or state identification number, and the last four digits of the applicant's Social Security number must not be made available for public inspection.  An application may be submitted to the county auditor or municipal clerk by an electronic facsimile device.  An application mailed or returned in person to the county auditor or municipal clerk on behalf of a voter by a person other than the voter must be deposited in the mail or returned in person to the county auditor or municipal clerk within ten days after it has been dated by the voter and no later than six days before the election.  The absentee ballot applications or a list of persons applying for an absentee ballot may not be made available for public inspection until the close of voting on election day, except as authorized in section 203B.12, and must be available to the public in the same manner as public information lists in section 201.091, subdivisions 4, 5, and 9.

 

(e) An application under this subdivision may contain an application under subdivision 5 to automatically receive an absentee ballot application.

 

Sec. 26.  Minnesota Statutes 2020, section 203B.081, subdivision 1, is amended to read:

 

Subdivision 1.  Location; timing.  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 during the 46 days before the election, except as provided in this section.  The county auditor shall make such polling place designations at least 14 weeks before the election.  Voters casting absentee ballots in person for a town election held in March may do so during the 30 days before the election.

 

Sec. 27.  Minnesota Statutes 2020, section 203B.081, subdivision 2, is amended to read:

 

Subd. 2.  Town elections Voting booth; electronic ballot marker.  Voters casting absentee ballots in person for a town election held in March may do so during the 30 days before the election.  The county auditor shall make such designations at least 14 weeks before the election.  For purposes of this section, the county auditor must make available in each polling place (1) at least one voting booth in each polling place must be made available by the county auditor for this purpose.  The county auditor must also make available, and (2) at least one electronic ballot marker in each polling place that has implemented a voting system that is accessible for individuals with disabilities pursuant to section 206.57, subdivision 5.


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Sec. 28.  Minnesota Statutes 2020, section 203B.081, subdivision 3, is amended to read:

 

Subd. 3.  Alternative procedure.  (a) The county auditor may make available a ballot counter and ballot box for use by the voters during the seven 14 days before the election.  If a ballot counter and ballot box is provided, a voter must be given the option either (1) to vote using the process provided in section 203B.08, subdivision 1, or (2) to vote in the manner provided in this subdivision.

 

(b) If a voter chooses to vote in the manner provided in this subdivision, the voter must state the voter's name, address, and date of birth to the county auditor or municipal clerk.  The voter shall sign a voter's certificate, which must include the voter's name, identification number, and the certification required by section 201.071, subdivision 1.  The signature of an individual on the voter's certificate and the issuance of a ballot to the individual is evidence of the intent of the individual to vote at that election.

 

(c) After signing the voter's certificate, the voter shall be issued a ballot and immediately retire to a voting station or other designated location in the polling place to mark the ballot.  The ballot must not be taken from the polling place.  If the voter spoils the ballot, the voter may return it to the election official in exchange for a new ballot.  After completing the ballot, the voter shall deposit the ballot into the ballot box.

 

(d) The election official must immediately record that the voter has voted in the manner provided in section 203B.121, subdivision 3.

 

(e) The election duties required by this subdivision must be performed by the county auditor, municipal clerk, or a deputy of the auditor or clerk.

 

(f) The secretary of state must prepare voting instructions in languages other than English for use by voters casting a ballot under this subdivision.  At a minimum, the instructions must be prepared and made available in print, electronic, and audiovisual formats in the Spanish, Hmong, and Somali languages.

 

Sec. 29.  Minnesota Statutes 2020, section 203B.11, subdivision 1, is amended to read:

 

Subdivision 1.  Generally.  (a) Each full-time municipal clerk or school district clerk who has authority under section 203B.05 to administer absentee voting laws shall designate election judges to deliver absentee ballots in accordance with this section.  The county auditor must also designate election judges to perform the duties in this section.  A ballot may be delivered only to an eligible voter who is a temporary or permanent resident or patient in a health care facility or hospital located in the municipality in which the voter maintains residence.  The ballots shall be delivered by two election judges, each of whom is affiliated with a different major political party.  When the election judges deliver or return ballots as provided in this section, they shall travel together in the same vehicle.  Both election judges shall be present when an applicant completes the certificate of eligibility and marks the absentee ballots, and may assist an applicant as provided in section 204C.15.  The election judges shall deposit the return envelopes containing the marked absentee ballots in a sealed container and return them to the clerk on the same day that they are delivered and marked.

 

(b) At the discretion of a full-time municipal clerk, school district clerk, or county auditor, absentee ballots may be delivered in the same manner as prescribed in paragraph (a) to a veterans home operated under chapter 198 or a shelter for battered women as defined in section 611A.37, subdivision 4.

 

Sec. 30.  Minnesota Statutes 2020, section 203B.12, subdivision 7, is amended to read:

 

Subd. 7.  Names of persons; rejected absentee ballots.  (a) The names of voters who have submitted an absentee ballot to the county auditor or municipal clerk that has not been accepted may not be made available for public inspection until the close of voting on election day.


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(b) After the close of voting on election day, the lists must be available to the public in the same manner as public information lists in section 201.091, subdivisions 4, 5, and 9.

 

Sec. 31.  Minnesota Statutes 2020, 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 signature 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 signature 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 signature envelope "Accepted" and initial or sign the return signature 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 signature envelope are the same as the information provided on the absentee ballot application;

 

(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 signature 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 14th day before the election, by absentee ballot.

 

The return signature envelope from accepted ballots must be preserved and returned to the county auditor.

 

(c)(1) If a majority of the members of the ballot board examining a return signature envelope find that an absentee voter has failed to meet one of the requirements provided in paragraph (b), they shall mark the return signature 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 secrecy 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.


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(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 signature envelope marked "Rejected" may not be opened or subject to further review except in an election contest filed pursuant to chapter 209.

 

Sec. 32.  Minnesota Statutes 2020, 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.  After the close of business on the seventh 14th day before the election, 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 office, the auditor or clerk must also record this information in the statewide voter registration system.

 

(b) The roster must be marked, and a supplemental report of absentee 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 14th 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. 33.  Minnesota Statutes 2020, section 203B.121, subdivision 4, is amended to read:

 

Subd. 4.  Opening of envelopes.  After the close of business on the seventh 14th day before the election, the ballots from return secrecy envelopes within the signature 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. 34.  Minnesota Statutes 2020, section 203B.16, subdivision 2, is amended to read:

 

Subd. 2.  Indefinite residence outside United States.  Sections 203B.16 to 203B.27 provide the exclusive voting procedure for United States citizens who are living indefinitely outside the territorial limits of the United States who meet all the qualifications of an eligible voter except residence in Minnesota, but who are authorized by


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federal law to vote in Minnesota because they or, if they have never resided maintained residence in the United States, a parent maintained residence in Minnesota for at least 20 days immediately prior to their departure from the United States.  Individuals described in this subdivision shall be permitted to vote only for the offices of president, vice-president, senator in Congress, and representative in Congress.

 

Sec. 35.  Minnesota Statutes 2020, section 203B.24, subdivision 1, is amended to read:

 

Subdivision 1.  Check of voter eligibility; proper execution of certificate.  Upon receipt of an absentee ballot returned as provided in sections 203B.16 to 203B.27, the election judges shall compare the voter's name with the names recorded under section 203B.19 in the statewide registration system to insure that the ballot is from a voter eligible to cast an absentee ballot under sections 203B.16 to 203B.27.  The election judges shall mark the return envelope "Accepted" and initial or sign the return envelope below the word "Accepted" if the election judges are satisfied that:

 

(1) the voter's name and address on the return envelope appears in substantially the same form as on the application records provided to the election judges by the county auditor;

 

(2) the voter has signed the federal oath prescribed pursuant to section 705(b)(2) of the Help America Vote Act, Public Law 107-252;

 

(3) the voter has set forth the same voter's passport number, or Minnesota driver's license or state identification card number, or the last four digits of the voter's Social Security number as submitted on the application, if the voter has one of these documents;

 

(4) the voter is not known to have died; and

 

(5) the voter has not already voted at that election, either in person or by absentee ballot.

 

If the identification number described in clause (3) does not match the number as submitted on the application, the election judges must make a reasonable effort to satisfy themselves through other information provided by the applicant, or by an individual authorized to apply on behalf of the voter, that the ballots were returned by the same person to whom the ballots were transmitted.

 

An absentee ballot cast pursuant to sections 203B.16 to 203B.27 may only be rejected for the lack of one of clauses (1) to (5).  In particular, failure to place the ballot within the security secrecy envelope before placing it in the outer white envelope is not a reason to reject an absentee ballot.

 

Election judges must note the reason for rejection on the back of the envelope in the space provided for that purpose.

 

Failure to return unused ballots shall not invalidate a marked ballot, but a ballot shall not be counted if the certificate on the return envelope is not properly executed.  In all other respects the provisions of the Minnesota Election Law governing deposit and counting of ballots shall apply.  Notwithstanding other provisions of this section, the counting of the absentee ballot of a deceased voter does not invalidate the election.

 

Sec. 36.  Minnesota Statutes 2020, section 204B.06, subdivision 1b, is amended to read:

 

Subd. 1b.  Address and telephone number.  (a) An affidavit of candidacy must state a telephone number where the candidate can be contacted.  An affidavit must also state the candidate's address of residence as determined under section 200.031, or at the candidate's request in accordance with paragraph (c), the candidate's campaign contact address.  The form for the affidavit of candidacy must allow the candidate to request, if eligible, that the candidate's address of residence be classified as private data, and to provide the certification required under paragraph (c) for classification of that address.


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(b) For an office whose residency requirement must be satisfied by the close of the filing period, a registered voter in this state may request in writing that the filing officer receiving the affidavit of candidacy review the address as provided in this paragraph, at any time up to one day after the last day for filing for office.  If requested, the filing officer must determine whether the address provided in the affidavit of candidacy is within the area represented by the office the candidate is seeking.  If the filing officer determines that the address is not within the area represented by the office, the filing officer must immediately notify the candidate and the candidate's name must be removed from the ballot for that office.  A determination made by a filing officer under this paragraph is subject to judicial review under section 204B.44.

 

(c) If the candidate requests that the candidate's address of residence be classified as private data, the candidate must list the candidate's address of residence on a separate form to be attached to the affidavit.  The candidate must also certify on the affidavit that either:

 

(1) a police report has been submitted or, an order for protection has been issued, or the candidate has a reasonable fear in regard to the safety of the candidate or the candidate's family,; or

 

that (2) the candidate's address is otherwise private pursuant to Minnesota law. 

 

The address of residence provided by a candidate who makes a request for classification on the candidate's affidavit of candidacy and provides the certification required by this paragraph is classified as private data, as defined in section 13.02, subdivision 12, but may be reviewed by the filing officer as provided in this subdivision.

 

(d) The requirements of this subdivision do not apply to affidavits of candidacy for a candidate for:  (1) judicial office; (2) the office of county attorney; or (3) county sheriff.

 

Sec. 37.  Minnesota Statutes 2020, section 204B.06, subdivision 4a, is amended to read:

 

Subd. 4a.  State and local offices.  Candidates who seek nomination for the following offices shall state the following additional information on the affidavit:

 

(1) for governor or lieutenant governor, that on the first Monday of the next January the candidate will be 25 years of age or older and, on the day of the state general election, a resident of Minnesota for not less than one year;

 

(2) for supreme court justice, court of appeals judge, or district court judge, that the candidate is learned in the law;

 

(3) for county, municipal, school district, or special district office, that the candidate meets any other qualifications for that office prescribed by law;

 

(4) for senator or representative in the legislature, that on the day of the general or special election to fill the office the candidate will have resided maintained residence not less than one year in the state and not less than six months in the legislative district from which the candidate seeks election.

 

Sec. 38.  Minnesota Statutes 2020, section 204B.09, subdivision 1, is amended to read:

 

Subdivision 1.  Candidates in state and county general elections.  (a) Except as otherwise provided by this subdivision, affidavits of candidacy and nominating petitions for county, state, and federal offices filled at the state general election shall be filed not more than 84 days nor less than 70 days before the state primary.  The affidavit may be prepared and signed at any time between 60 days before the filing period opens and the last day of the filing period.


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(b) Notwithstanding other law to the contrary, the affidavit of candidacy must be signed in the presence of a notarial officer or an individual authorized to administer oaths under section 358.10.

 

(c) This provision does not apply to candidates for presidential elector nominated by major political parties.  Major party candidates for presidential elector are certified under section 208.03.  Other candidates for presidential electors may file petitions at least 77 days before the general election day pursuant to section 204B.07.  Nominating petitions to fill vacancies in nominations shall be filed as provided in section 204B.13.  No affidavit or petition shall be accepted later than 5:00 p.m. on the last day for filing.

 

(d) Affidavits and petitions for county offices must be filed with the county auditor of that county.  Affidavits and petitions for federal offices must be filed with the secretary of state.  Affidavits and petitions for state offices must be filed with the secretary of state or with the county auditor of the county in which the candidate resides maintains residence.

 

(e) Affidavits other than those filed pursuant to subdivision 1a must be submitted by mail or by hand, notwithstanding chapter 325L, or any other law to the contrary and must be received by 5:00 p.m. on the last day for filing.

 

Sec. 39.  Minnesota Statutes 2020, section 204B.09, subdivision 3, is amended to read:

 

Subd. 3.  Write-in candidates.  (a) A candidate for county, state, or federal office who wants write-in votes for the candidate to be counted must file a written request with the filing office for the office sought not more than 84 days before the primary and no later than the seventh 14th day before the general election.  The filing officer shall provide copies of the form to make the request.  No The filing officer shall not accept a written request shall be accepted later than 5:00 p.m. on the last day for filing a written request.

 

(b) A candidate for president of the United States who files a request under this subdivision must include the name of a candidate for vice president of the United States.  file jointly with another individual seeking nomination as a candidate for vice president of the United States.  A candidate for vice president of the United States who files a request under this subdivision must file jointly with another individual seeking nomination as a candidate for president of the United States.  The request must also include the name of at least one candidate for presidential elector.  The total number of names of candidates for presidential elector on the request may not exceed the total number of electoral votes to be cast by Minnesota in the presidential election.

 

(c) A candidate for governor who files a request under this subdivision must include the name of a candidate for lieutenant governor. file jointly with another individual seeking nomination as a candidate for lieutenant governor.  A candidate for lieutenant governor who files a request under this subdivision must file jointly with another individual seeking nomination as a candidate for governor.

 

Sec. 40.  Minnesota Statutes 2020, section 204B.13, is amended by adding a subdivision to read:

 

Subd. 6a.  Candidates for federal office.  This section does not apply to a vacancy in nomination for a federal office.

 

Sec. 41.  Minnesota Statutes 2020, section 204B.16, subdivision 1, is amended to read:

 

Subdivision 1.  Authority; location.  (a) By December 31 of each year, the governing body of each municipality and of each county with precincts in unorganized territory must designate by ordinance or resolution a polling place for each election precinct.  The polling places designated in the ordinance or resolution are the polling places for the following calendar year, unless a change is made: any changes to a polling place location.  A polling place must be maintained for the following calendar year unless changed:

 

(1) by ordinance or resolution by December 31 of the previous year;


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(1) (2) pursuant to section 204B.175;

 

(2) (3) because a polling place has become unavailable; or

 

(3) (4) because a township designates one location for all state, county, and federal elections and one location for all township only elections.

 

(b) Polling places must be designated and ballots must be distributed so that no one is required to go to more than one polling place to vote in a school district and municipal election held on the same day.  The polling place for a precinct in a city or in a school district located in whole or in part in the metropolitan area defined by section 200.02, subdivision 24, shall be located within the boundaries of the precinct or within one mile of one of those boundaries unless a single polling place is designated for a city pursuant to section 204B.14, subdivision 2, or a school district pursuant to section 205A.11.  The polling place for a precinct in unorganized territory may be located outside the precinct at a place which is convenient to the voters of the precinct.  If no suitable place is available within a town or within a school district located outside the metropolitan area defined by section 200.02, subdivision 24, then the polling place for a town or school district may be located outside the town or school district within five miles of one of the boundaries of the town or school district.

 

Sec. 42.  Minnesota Statutes 2020, section 204B.19, subdivision 6, is amended to read:

 

Subd. 6.  High school students.  Notwithstanding any other requirements of this section, a student enrolled in a high school in Minnesota or who is in a home school in compliance with sections 120A.22 and 120A.24, who has attained the age of 16 is eligible to be appointed as a without party affiliation trainee election judge, without party affiliation, in the county in which the student resides maintains residence, or a county adjacent to the county in which the student resides maintains residence.  The student must meet qualifications for trainee election judges specified in rules of the secretary of state.  A student appointed as a trainee election judge may be excused from school attendance during the hours that the student is serving as a trainee election judge if the student submits a written request signed and approved by the student's parent or guardian to be absent from school and a certificate from the appointing authority stating the hours during which the student will serve as a trainee election judge to the principal of the school at least ten days prior to the election.  Students shall not serve as trainee election judges after 10:00 p.m.  Notwithstanding section 177.24 to the contrary, trainee election judges may be paid not less than two‑thirds of the minimum wage for a large employer.  The principal of the school may approve a request to be absent from school conditioned on acceptable academic performance at the time of service as a trainee election judge.  A school board may determine that students are eligible to receive credit for serving as a trainee election judge.

 

Sec. 43.  Minnesota Statutes 2020, section 204B.21, subdivision 2, is amended to read:

 

Subd. 2.  Appointing authority; powers and duties.  (a) Election judges for precincts in a municipality shall be appointed by the governing body of the municipality.  Election judges for precincts in unorganized territory and for performing election-related duties assigned by the county auditor shall be appointed by the county board.  Election judges for a precinct composed of two or more municipalities must be appointed by the governing body of the municipality or municipalities responsible for appointing election judges as provided in the agreement to combine for election purposes. 

 

(b) Except as otherwise provided in this section, appointments shall be made from the list of voters who reside maintain residence in each precinct, furnished pursuant to subdivision 1, subject to the eligibility requirements and other qualifications established or authorized under section 204B.19.  At least two election judges in each precinct must be affiliated with different major political parties. 


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(c) If no lists have been furnished or if additional election judges are required after all listed names in that municipality have been exhausted, the appointing authority may appoint other individuals who meet the qualifications to serve as an election judge, including persons on the list furnished pursuant to subdivision 1 who indicated a willingness to travel to the municipality, and persons who are not affiliated with a major political party.  An individual who is appointed from a source other than the list furnished pursuant to subdivision 1 must provide to the appointing authority the individual's major political party affiliation or a statement that the individual does not affiliate with any major political party.  An individual who refuses to provide the individual's major political party affiliation or a statement that the individual does not affiliate with a major political party must not be appointed as an election judge. 

 

(d) The appointing authority must, whenever possible, recruit bilingual high school students to serve as trainee election judges pursuant to section 204B.19.

 

(e) The appointments shall be made at least 25 days before the election at which the election judges will serve, except that the appointing authority may pass a resolution authorizing the appointment of additional election judges within the 25 days before the election if the appointing authority determines that additional election judges will be required.

 

Sec. 44.  Minnesota Statutes 2020, section 204B.36, subdivision 2, is amended to read:

 

Subd. 2.  Candidates and offices.  The name of each candidate shall be printed at a right angle to the length of the ballot.  At a general election the name of the political party or the political principle of each candidate for partisan office shall be printed above or below the name of the candidate.  The name of a political party or a political principle shall be printed in capital and lowercase letters of the same type, with the capital letters at least one-half the height of the capital letters used for names of the candidates.  At a general or special election, blank lines containing the words "write-in, if any" shall be printed below the name of the last candidate for each office, or below the title of the office if no candidate has filed for that office, so that a voter may write in the names of individuals whose names are not on the ballot.  One blank line shall be printed for each officer of that kind to be elected.  At a primary election, no blank lines shall be provided for writing in the names of individuals whose names do not appear on the primary ballot.

 

On the left side of the ballot at the same level with the name of each candidate and each blank line shall be printed an oval or similar target shape in which the voter may designate a vote by filling in the oval or similar mark if a different target shape is used.  Each oval or target shape shall be the same size.  Above the first name on each ballot shall be instructions for voting.  Directly underneath the official title of each office shall be printed the words "Vote for one" or "Vote for up to..." (any greater number to be elected).

 

Sec. 45.  Minnesota Statutes 2020, section 204B.44, is amended to read:

 

204B.44 ERRORS AND OMISSIONS; REMEDY.

 

(a) Any individual may file a petition in the manner provided in this section for the correction of any of the following errors, omissions, or wrongful acts which have occurred or are about to occur:

 

(1) an error or omission in the placement or printing of the name or description of any candidate or any question on any official ballot, including the placement of a candidate on the official ballot who is not eligible to hold the office for which the candidate has filed;

 

(2) any other error in preparing or printing any official ballot;

 

(3) failure of the chair or secretary of the proper committee of a major political party to execute or file a certificate of nomination;


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(4) any wrongful act, omission, or error of any election judge, municipal clerk, county auditor, canvassing board or any of its members, the secretary of state, or any other individual charged with any duty concerning an election.

 

(b) A major political party may file a petition in the manner provided in this section to prevent the use of the party's name on an official ballot in a manner that violates section 202A.11, subdivision 2.

 

(b) (c) The petition shall describe the error, omission, or wrongful act and the correction sought by the petitioner.  The petition shall be filed with any judge of the supreme court in the case of an election for state or federal office or any judge of the district court in that county in the case of an election for county, municipal, or school district office.  The petitioner shall serve a copy of the petition on the officer, board or individual charged with the error, omission, or wrongful act, on all candidates for the office in the case of an election for state, federal, county, municipal, or school district office, and on any other party as required by the court.  Upon receipt of the petition the court shall immediately set a time for a hearing on the matter and order the officer, board or individual charged with the error, omission or wrongful act to correct the error or wrongful act or perform the duty or show cause for not doing so.  In the case of a review of a candidate's eligibility to hold office, the court may order the candidate to appear and present sufficient evidence of the candidate's eligibility.  In the case of a review of a candidate's major political party designation, the court may order the candidate to appear and present sufficient evidence of the candidate's right to use the party's name.  Evidence of a candidate's nomination for endorsement at a party's endorsing convention or engagement in the party's governance structure establishes a rebuttable presumption that the candidate is entitled to be designated by that party's name on a ballot.  The court shall issue its findings and a final order for appropriate relief as soon as possible after the hearing.  Failure to obey the order is contempt of court.

 

Sec. 46.  Minnesota Statutes 2020, section 204B.45, subdivision 1, is amended to read:

 

Subdivision 1.  Authorization.  A town of any size not located in a metropolitan county as defined by section 473.121, or a city having fewer than 400 registered voters on June 1 of an election year and not located in a metropolitan county as defined by section 473.121, may provide balloting by mail at any municipal, county, or state election with no polling place other than the office of the auditor or clerk or other locations designated by the auditor or clerk.  The governing body may apply to the county auditor for permission to conduct balloting by mail.  The county board may provide for balloting by mail in unorganized territory.  The governing body of any municipality may designate for mail balloting any precinct having fewer than 100 registered voters, subject to the approval of the county auditor.

 

Voted ballots may be returned in person to any location designated by the county auditor or municipal clerk.

 

Sec. 47.  Minnesota Statutes 2020, section 204B.45, subdivision 2, is amended to read:

 

Subd. 2.  Procedure.  Notice of the election and the special mail procedure must be given at least ten weeks prior to the election.  Not more than 46 days nor later than 14 days before a regularly scheduled election and not more than 30 days nor later than 14 days before any other election, the auditor shall mail ballots by nonforwardable mail to all voters registered in the city, town, or unorganized territory.  No later than 14 days before the election, the auditor must make a subsequent mailing of ballots to those voters who register to vote after the initial mailing but before the 20th day before the election.  Eligible voters not registered at the time the ballots are mailed may apply for ballots as provided in chapter 203B.  Ballot return envelopes, with return postage provided, must be preaddressed to the auditor or clerk and the voter may return the ballot by mail or in person to the office of the auditor or clerk.  The auditor or clerk must appoint a ballot board to examine the mail and absentee ballot return envelopes and mark them "accepted" or "rejected" within three days of receipt if there are 14 or fewer days before election day, or within five days of receipt if there are more than 14 days before election day.  The board may consist of deputy county auditors or deputy municipal clerks who have received training in the processing and counting of mail ballots, who need not be affiliated with a major political party.  Election judges performing the duties in this section must be of different major political parties, unless they are exempt from that requirement under


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section 205.075, subdivision 4, or section 205A.10.  If an envelope has been rejected at least five days before the election, the ballots in the envelope must remain sealed and the auditor or clerk shall provide the voter with a replacement ballot and return envelope in place of the spoiled ballot.  If the ballot 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.

 

If the ballot is accepted, the county auditor or municipal clerk must mark the roster to indicate that the voter has already cast a ballot in that election.  After the close of business on the seventh 14th day before the election, the ballots from return envelopes marked "Accepted" may be opened, duplicated as needed in the manner provided by section 206.86, subdivision 5, initialed by the members of the ballot board, and deposited in the ballot box.

 

In all other respects, the provisions of the Minnesota Election Law governing deposit and counting of ballots apply.

 

The mail and absentee ballots for a precinct must be counted together and reported as one vote total.  No vote totals from mail or absentee ballots may be made public before the close of voting on election day.

 

The costs of the mailing shall be paid by the election jurisdiction in which the voter resides maintains residence.  Any ballot received by 8:00 p.m. on the day of the election must be counted.

 

Sec. 48.  Minnesota Statutes 2020, section 204B.46, is amended to read:

 

204B.46 MAIL ELECTIONS; QUESTIONS.

 

A county, municipality, or school district submitting questions to the voters at a special election may conduct an election by mail with no polling place other than the office of the auditor or clerk.  No offices may be voted on at a mail election., except in overlapping school and municipality jurisdictions, where a mail election may include an office when one of the jurisdictions also has a question on the ballot.  Notice of the election must be given to the county auditor at least 74 days prior to the election.  This notice shall also fulfill the requirements of Minnesota Rules, part 8210.3000.  The special mail ballot procedures must be posted at least six weeks prior to the election.  Not more than 46 nor later than 14 days prior to the election, the auditor or clerk shall mail ballots by nonforwardable mail to all voters registered in the county, municipality, or school district.  No later than 14 days before the election, the auditor or clerk must make a subsequent mailing of ballots to those voters who register to vote after the initial mailing but before the 20th day before the election.  Eligible voters not registered at the time the ballots are mailed may apply for ballots pursuant to chapter 203B.  The auditor or clerk must appoint a ballot board to examine the mail and absentee ballot return envelopes and mark them "Accepted" or "Rejected" within three days of receipt if there are 14 or fewer days before election day, or within five days of receipt if there are more than 14 days before election day.  The board may consist of deputy county auditors, deputy municipal clerks, or deputy school district clerks who have received training in the processing and counting of mail ballots, who need not be affiliated with a major political party.  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.  If an envelope has been rejected at least five days before the election, the ballots in the envelope must remain sealed and the auditor or clerk must provide the voter with a replacement ballot and return envelope in place of the spoiled ballot.  If the ballot 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.

 

If the ballot is accepted, the county auditor or municipal clerk must mark the roster to indicate that the voter has already cast a ballot in that election.  After the close of business on the seventh 14th day before the election, the ballots from return envelopes marked "Accepted" may be opened, duplicated as needed in the manner provided by section 206.86, subdivision 5, initialed by the ballot board, and deposited in the appropriate ballot box.


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In all other respects, the provisions of the Minnesota Election Law governing deposit and counting of ballots apply.

 

The mail and absentee ballots for a precinct must be counted together and reported as one vote total.  No vote totals from ballots may be made public before the close of voting on election day.

 

Sec. 49.  Minnesota Statutes 2020, section 204C.05, subdivision 1a, is amended to read:

 

Subd. 1a.  Elections; organized town.  The governing body of a town with less than 500 inhabitants according to the most recent federal decennial census, which is located outside the metropolitan area as defined in section 200.02, subdivision 24, may fix a later time for voting to begin at state primary, special, or general elections, if approved by a vote of the town electors at the annual town meeting.  The question of shorter voting hours must be included in the notice of the annual town meeting before the question may be submitted to the electors at the meeting.  The later time may not be later than 10:00 a.m. for special, primary, or general elections.  The town clerk shall either post or publish notice of the changed hours and notify the county auditor and the secretary of state of the change 30 days before the election.

 

Sec. 50.  Minnesota Statutes 2020, section 204C.05, subdivision 1b, is amended to read:

 

Subd. 1b.  Elections; unorganized territory.  An unorganized territory or unorganized territories which constitute a voting district may have shorter voting hours if at least 20 percent of the registered voters residing in the voting district sign a petition for shorter hours and present it to the county auditor and secretary of state at least 30 days before the election.  The later time may not be later than 10:00 a.m. for special, primary, or general elections.  The county auditor shall either post or publish notice of the changed hours, within the voting district, 30 days before the election.

 

Sec. 51.  Minnesota Statutes 2020, section 204C.10, is amended to read:

 

204C.10 POLLING PLACE ROSTER; VOTER SIGNATURE CERTIFICATE; VOTER RECEIPT.

 

(a) An individual seeking to vote shall sign a polling place roster or voter signature certificate which states that the individual:

 

(1) is at least 18 years of age,;

 

(2) a citizen of the United States,;

 

(3) has resided in Minnesota for 20 days immediately preceding the election,;

 

(4) maintains residence at the address shown,;

 

(5) is not under a guardianship in which the court order revokes the individual's right to vote,;

 

(6) has not been found by a court of law to be legally incompetent to vote or;

 

(7) has the right to vote because, if the individual was convicted of a felony, the felony sentence has expired or been completed or the individual has been discharged from the sentence, completed the term of incarceration, if any, for the conviction;

 

(8) is registered; and

 

(9) has not already voted in the election. 


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The roster must also state:  "I understand that deliberately providing false information is a felony punishable by not more than five years imprisonment and a fine of not more than $10,000, or both."

 

(b) At the presidential nomination primary, the polling place roster must also state:  "I am in general agreement with the principles of the party for whose candidate I intend to vote." This statement must appear separately from the statements required in paragraph (a).  The felony penalty provided for in paragraph (a) does not apply to this paragraph.

 

(c) A judge may, before the applicant signs the roster or voter signature certificate, confirm the applicant's name, address, and date of birth.

 

(d) After the applicant signs the roster or voter signature certificate, the judge shall give the applicant a voter's receipt.  The voter shall deliver the voter's receipt to the judge in charge of ballots as proof of the voter's right to vote, and thereupon the judge shall hand to the voter the ballot.  The voters' receipts must be maintained during the time for notice of filing an election contest.

 

(e) Whenever a challenged status appears on the polling place roster, an election judge must ensure that the challenge is concealed or hidden from the view of any voter other than the voter whose status is challenged.

 

Sec. 52.  Minnesota Statutes 2020, section 204C.15, subdivision 1, is amended to read:

 

Subdivision 1.  Physical assistance in marking ballots.  A voter who claims a need for assistance because of inability to read English or physical inability to mark a ballot may obtain the aid of two election judges who are members of different major political parties.  The election judges shall mark the ballots as directed by the voter and in as secret a manner as circumstances permit.  A voter in need of assistance may alternatively obtain the assistance of any individual the voter chooses.  Only the following persons may not provide assistance to a voter:  the voter's employer, an agent of the voter's employer, an officer or agent of the voter's union, or a candidate for election.  The person who assists the voter shall, unaccompanied by an election judge, retire with that voter to a booth and mark the ballot as directed by the voter.  No person who assists another voter as provided in the preceding sentence shall mark the ballots of more than three voters at one election.  Before the ballots are deposited, the voter may show them privately to an election judge to ascertain that they are marked as the voter directed.  An election judge or other individual assisting a voter shall not in any manner request, persuade, induce, or attempt to persuade or induce the voter to vote for any particular political party or candidate.  The election judges or other individuals who assist the voter shall not reveal to anyone the name of any candidate for whom the voter has voted or anything that took place while assisting the voter.

 

Sec. 53.  Minnesota Statutes 2020, section 204C.21, subdivision 1, is amended to read:

 

Subdivision 1.  Method.  The election judges shall take all the ballots of the same kind and count the votes cast for each office or question, beginning with the first office or question on the ballot.  They shall make one pile of the ballots for each candidate who received votes for that office, or one pile for the "Yes" votes and one pile for the "No" votes on a question.  They shall make a pile of totally defective ballots and a pile of totally blank ballots.  They shall make a pile of ballots that are not totally defective but are defective with respect to the office or question being counted and a pile of ballots that are not totally blank but are blank with respect to the office or question being counted.  After the separation into piles, the election judges shall examine each pile and remove and place in the proper pile any ballots that are found in the wrong pile.  The election judges shall count the totally blank and totally defective ballots and set them aside until the counting is over for that ballot.  In conducting the count of blank ballots, election judges may presume that the total count provided for prepackaged ballots is correct.  The election judges may pile ballots crosswise in groups of 25 in the same pile to facilitate counting.  When their counts agree, the election judges shall announce the number of ballots in each pile, and shall write the number in the proper place on the summary statements.


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The election judges shall then return all the counted ballots, and all the partially defective or partially blank ballots, to the original pile to be separated and counted in the same manner for the next office or question.

 

Sec. 54.  Minnesota Statutes 2020, section 204C.27, is amended to read:

 

204C.27 DELIVERY OF RETURNS TO COUNTY AUDITORS.

 

One or more of the election judges in each precinct shall deliver two sets one set of summary statements; all spoiled ballots; and the envelopes containing the ballots either directly to the municipal clerk for transmittal to the county auditor's office or directly to the county auditor's office as soon as possible after the vote counting is completed but no later than 24 hours after the end of the hours for voting.  One or more election judges shall deliver the remaining set of summary statements and returns, all unused and spoiled municipal and school district ballots, the envelopes containing municipal and school district ballots, and all other things furnished by the municipal or school district clerk, to the municipal or school district clerk's office within 24 hours after the end of the hours for voting.  The municipal or school district clerk shall return all polling place rosters and completed voter registration cards to the county auditor within 48 hours after the end of the hours for voting.

 

Sec. 55.  Minnesota Statutes 2020, section 204C.33, subdivision 3, is amended to read:

 

Subd. 3.  State canvass.  The State Canvassing Board shall meet at a public meeting space located in the Capitol complex area on the third Tuesday following the state general election to canvass the certified copies of the county canvassing board reports received from the county auditors and shall prepare a report that states:

 

(1) the number of individuals voting in the state and in each county;

 

(2) the number of votes received by each of the candidates, specifying the counties in which they were cast; and

 

(3) the number of votes counted for and against each constitutional amendment, specifying the counties in which they were cast.

 

Upon completion of the canvass, the State Canvassing Board shall declare the candidates duly elected who received the highest number of votes for each federal and state office.  All members of the State Canvassing Board shall sign the report and certify its correctness.  The State Canvassing Board shall declare the result within three days after completing the canvass.

 

Sec. 56.  Minnesota Statutes 2020, section 204C.35, is amended by adding a subdivision to read:

 

Subd. 2a.  Constitutional amendment recount.  In a state general election when the difference between the number of "yes" votes cast on ratification of a proposed constitutional amendment is within one-quarter percent of the number of all other ballots cast at the election, the canvassing board shall manually recount the votes on that question, including the number of "yes" or "no" votes on the question, and the number of ballots that did not cast a vote on the question.  The results of the recount must be certified by the canvassing board as soon as possible.

 

Sec. 57.  Minnesota Statutes 2020, section 204C.35, subdivision 3, is amended to read:

 

Subd. 3.  Scope of recount.  A recount conducted as provided in this section is limited in scope to the determination of the number of votes validly cast for the office or question to be recounted.  Only the ballots cast in the election and the summary statements certified by the election judges may be considered in the recount process.  Original ballots that have been duplicated under section 206.86, subdivision 5, are not within the scope of a recount and must not be examined except as provided by a court in an election contest under chapter 209.


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Sec. 58.  Minnesota Statutes 2020, section 204C.36, subdivision 1, is amended to read:

 

Subdivision 1.  Publicly funded recounts.  (a) Except as provided in paragraphs (b) and (c), a losing candidate for nomination or election to a county, municipal, or school district office may request a recount of the votes cast for the nomination or election to that office if the difference between the vote cast for that candidate and for a winning candidate for nomination or election is less than one-quarter of one percent of the total votes counted for that office.  In case of offices where two or more seats are being filled from among all the candidates for the office, the one‑quarter of one percent difference is between the elected candidate with the fewest votes and the candidate with the most votes from among the candidates who were not elected.

 

(b) A losing candidate for nomination or election to a county, municipal, or school district office may request a recount of the votes cast for nomination or election to that office if the difference between the votes cast for that candidate and for a winning candidate for nomination or election is less than one-half of one percent, and the total number of votes cast for the nomination or election of all candidates is more than 400 but less than 50,000.  In cases of offices where two or more seats are being filled from among all the candidates for the office, the one-half of one percent difference is between the elected candidate with the fewest votes and the candidate with the most votes from among the candidates who were not elected.

 

(c) A losing candidate for nomination or election to a county, municipal, or school district office may request a recount of the votes cast for nomination or election to that office if the difference between the vote cast for that candidate and for a winning candidate for nomination or election is ten votes or less, and the total number of votes cast for the nomination or election of all candidates is no more than 400.  In cases of offices where two or more seats are being filled from among all the candidates for the office, the ten vote difference is between the elected candidate with the fewest votes and the candidate with the most votes from among the candidates who were not elected.

 

(d) Candidates for county offices shall file a written request for the recount with the county auditor.  Candidates for municipal or school district offices shall file a written request with the municipal or school district clerk as appropriate.  All requests under this paragraph shall be filed by between the close of the canvass of a primary or special primary and 5:00 p.m. on the fifth day after the canvass of a primary or special primary or by between the close of the canvass of a special or general election and 5:00 p.m. on the seventh day of the canvass of a special or general election for which a recount is sought.

 

(e) Upon receipt of a request made pursuant to this section, the county auditor shall recount the votes for a county office at the expense of the county, the governing body of the municipality shall recount the votes for a municipal office at the expense of the municipality, and the school board of the school district shall recount the votes for a school district office at the expense of the school district.

 

Sec. 59.  Minnesota Statutes 2020, section 204D.08, subdivision 4, is amended to read:

 

Subd. 4.  State partisan primary ballot; party columns.  The state partisan primary ballot shall be headed by the words "State Partisan Primary Ballot."  The ballot shall be printed on white paper.  There must be at least three vertical columns on the ballot and each major political party shall have a separate column headed by the words "..........  Party," giving the party name.  Above the party names, the following statement shall be printed.

 

"Minnesota Election Law permits you to vote for the candidates of only one political party in a state partisan primary election."

 

If there are only two major political parties to be listed on the ballot, one party must occupy the left-hand column, the other party must occupy the right-hand column, and the center column must contain the following statement:

 

"Do not vote for candidates of more than one party."


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The names of the candidates seeking the nomination of each major political party shall be listed in that party's column.  If only one individual files an affidavit of candidacy seeking the nomination of a major political party for an office, the name of that individual shall be placed on the state partisan primary ballot at the appropriate location in that party's column.

 

In each column, the candidates for senator in Congress shall be listed first, candidates for representative in Congress second, candidates for state senator third, candidates for state representative fourth and then candidates for state office in the order specified by the secretary of state.  Vacant offices being filled by special election must be listed with other offices of that type, but after any office of that type for which a candidate will be elected for a full term.

 

The party columns shall be substantially the same in width, type, and appearance.  The columns shall be separated by a 12-point solid line.

 

Sec. 60.  Minnesota Statutes 2020, section 204D.13, subdivision 1, is amended to read:

 

Subdivision 1.  Order of offices.  The candidates for partisan offices shall be placed on the state general election ballot in the following order:  senator in Congress shall be first; representative in Congress, second; state senator, third; and state representative, fourth.  The candidates for state offices shall follow in the order specified by the secretary of state.  Candidates for governor and lieutenant governor shall appear so that a single vote may be cast for both offices.  Vacant offices being filled by special election must be listed with other offices of that type, but after any office of that type for which a candidate will be elected for a full term.

 

Sec. 61.  Minnesota Statutes 2020, section 204D.19, subdivision 2, is amended to read:

 

Subd. 2.  Special election when legislature will be in session.  Except for vacancies in the legislature which occur at any time between the last day of session in an odd-numbered year and the 40th 54th day prior to the opening day of session in the succeeding even-numbered year, when a vacancy occurs and the legislature will be in session so that the individual elected as provided by this section could take office and exercise the duties of the office immediately upon election, the governor shall issue within five days after the vacancy occurs a writ calling for a special election.  The special election shall be held as soon as possible, consistent with the notice requirements of section 204D.22, subdivision 3, but in no event more than 35 49 days after the issuance of the writ.  A special election must not be held during the four days before or the four days after a holiday as defined in section 645.44, subdivision 5.

 

Sec. 62.  Minnesota Statutes 2020, section 204D.195, is amended to read:

 

204D.195 DATE OF SPECIAL ELECTION; CERTAIN TIMES PROHIBITED.

 

Notwithstanding any other provision of law, a special primary and special general election may not be held:

 

(1) for a period beginning the day following the date of the state primary election and ending the day prior to the date of the state general election; or

 

(2) on a holiday, or during the four days before or after a holiday, as defined in section 645.44, subdivision 5.

 

EFFECTIVE DATE.  This section is effective the day following final enactment and applies to special elections occurring on or after that date.


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Sec. 63.  Minnesota Statutes 2020, section 204D.22, subdivision 3, is amended to read:

 

Subd. 3.  Notice of special election.  The county auditor of a county in which a special election is to be held shall direct the clerk of each municipality in which the election is to be held to post a notice of the special primary and special election at least seven 14 days before the special primary and at least 14 21 days before the special election in the manner provided in sections 204B.33 and 204B.34.  If the special primary is to be held 14 21 days before the special election, a single notice of both elections may be posted seven days before the primary.

 

When the special primary or special election is to be held on the same day as any other election, notice of the special primary or special election may be included in the notice of the other election, if practicable.

 

Sec. 64.  Minnesota Statutes 2020, section 204D.23, subdivision 2, is amended to read:

 

Subd. 2.  Time of filing.  Except as provided in subdivision 3, the affidavits and petitions shall be filed no later than 14 21 days before the special primary.

 

Sec. 65.  Minnesota Statutes 2020, section 204D.27, subdivision 5, is amended to read:

 

Subd. 5.  Canvass; special primary; state canvassing board; contest.  Not later than four days after the returns of the county canvassing boards are certified to the secretary of state, the State Canvassing Board shall complete its canvass of the special primary.  The secretary of state shall then promptly certify to the county auditors the names of the nominated individuals, prepare notices of nomination, and notify each nominee of the nomination.  In case of a contest of a special primary for state senator or state representative, the notice of contest must be filed within two days, excluding Sundays and legal holidays, after the canvass is completed, and the contest shall otherwise proceed in the manner provided by law for contesting elections.

 

Sec. 66.  Minnesota Statutes 2020, section 204D.28, subdivision 9, is amended to read:

 

Subd. 9.  Filing by candidates.  The time for filing of affidavits and nominating petitions for candidates to fill a vacancy at a special election shall open 12 weeks before the special primary or on the day the secretary of state issues notice of the special election, whichever occurs later.  Filings shall close ten weeks before the special primary.  A candidate filing for the office of United States senator to fill a vacancy at a special election when both offices of United States senator are required to be placed on the same ballot must specify on the affidavit of candidacy the expiration date of the term of the office that the candidate is seeking.

 

Sec. 67.  Minnesota Statutes 2020, section 204D.28, subdivision 10, is amended to read:

 

Subd. 10.  United States senator; candidates; designation of term.  When the names of candidates for both offices of United States senator are required to be placed on the same ballot, the expiration date of the term of each office shall be printed on the ballot in the office heading opposite the name of each candidate for nomination or election to that office.

 

Sec. 68.  Minnesota Statutes 2020, section 205.13, subdivision 5, is amended to read:

 

Subd. 5.  Nominating petition; cities of the first class.  A nominating petition filed on behalf of a candidate for municipal office in a city of the first class shall be signed by eligible voters who reside maintain residence in the election district from which the candidate is to be elected.  The number of signers shall be at least 500, or two percent of the total number of individuals who voted in the municipality, ward, or other election district at the last preceding municipal general election, whichever is greater.


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Sec. 69.  Minnesota Statutes 2020, section 205A.10, subdivision 5, is amended to read:

 

Subd. 5.  School district canvassing board.  For the purpose of a recount of a special election conducted under section 126C.17, subdivision 9, or 475.59, the school district canvassing board shall consist of one member of the school board other than the clerk, selected by the board, the clerk of the school board, the county auditor of the county in which the greatest number of school district residents reside maintain residence, the court administrator of the district court of the judicial district in which the greatest number of school district residents reside maintain residence, and the mayor or chair of the town board of the school district's most populous municipality.  Any member of the canvassing board may appoint a designee to appear at the meeting of the board, except that no designee may be a candidate for public office.  If one of the individuals fails to appear at the meeting of the canvassing board, the county auditor shall appoint an eligible voter of the school district, who must not be a member of the school board, to fill the vacancy.  Not more than two school board members shall serve on the canvassing board at one time.  Four members constitute a quorum.

 

The school board shall serve as the school district canvassing board for the election of school board members.

 

Sec. 70.  Minnesota Statutes 2020, section 205A.12, subdivision 5, is amended to read:

 

Subd. 5.  Board elections.  If the proposal for the establishment of election districts is approved by the voters, the board shall specify the election districts from which vacancies shall be filled as they occur until such time as each board member represents an election district.  A candidate for school board in a subsequent election must file an affidavit of candidacy to be elected as a school board member for the election district in which the candidate resides maintains residence.  If there are as many election districts as there are members of the board, one and only one member of the board shall be elected from each election district.  In school districts where one or more board members are elected by election districts, candidates must indicate on the affidavit of candidacy the number of the district from which they seek election or, if appropriate, that they seek election from one of the offices elected at large.  If the election districts have two or three members each, the terms of the members must be staggered.  Each board member must be a resident of the election district for which elected but the creation of an election district or a change in election district boundaries shall not disqualify a board member from serving for the remainder of a term.

 

Sec. 71.  Minnesota Statutes 2020, section 206.805, subdivision 1, is amended to read:

 

Subdivision 1.  Contracts required.  (a) The secretary of state, with the assistance of the commissioner of administration, must establish one or more state voting systems contracts.  The contracts should, if practical, include provisions for maintenance of the equipment purchased.  The voting systems contracts must address precinct-based optical scan voting equipment, assistive voting technology, automatic tabulating equipment, and electronic roster equipment.  The contracts must give the state a perpetual license to use and modify the software.  The contracts must include provisions to escrow the software source code, as provided in subdivision 2.  Bids for voting systems and related election services must be solicited from each vendor selling or leasing voting systems that have been certified for use by the secretary of state.  Bids for electronic roster equipment, software, and related services must be solicited from each vendor selling or leasing electronic roster equipment that meets the requirements of section 201.225, subdivision 2.  The contracts must be renewed from time to time.

 

(b) Counties and municipalities may purchase or lease voting systems and obtain related election services from the state contracts.  All counties and municipalities are members of the cooperative purchasing venture of the Department of Administration for the purpose of this section.  For the purpose of township elections, counties must aggregate orders under contracts negotiated under this section for products and services and may apportion the costs of those products and services proportionally among the townships receiving the products and services.  The county is not liable for the timely or accurate delivery of those products or services.


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Sec. 72.  Minnesota Statutes 2020, section 206.89, subdivision 4, is amended to read:

 

Subd. 4.  Standard of acceptable performance by voting system.  A comparison of the results compiled by the voting system with the postelection review described in this section must show that the results of the electronic voting system differed by no more than one-half one-quarter of one percent from the manual count of the offices reviewed.  Valid votes that have been marked by the voter outside the vote targets or using a manual marking device that cannot be read by the voting system must not be included in making the determination whether the voting system has met the standard of acceptable performance for any precinct.

 

Sec. 73.  Minnesota Statutes 2020, section 206.89, subdivision 5, is amended to read:

 

Subd. 5.  Additional review.  (a) If the postelection review in one of the reviewed precincts reveals a difference greater than one-half one-quarter of one percent, or greater than two votes in a precinct where 400 800 or fewer voters cast ballots, the postelection review official must, within two days, conduct an additional review of the races indicated in subdivision 3 in at least three precincts in the same jurisdiction where the discrepancy was discovered.  If all precincts in that jurisdiction have been reviewed, the county auditor must immediately publicly select by lot at least three additional precincts for review.  The postelection review official must complete the additional review within two days after the precincts are selected and report the results immediately to the county auditor.  If the second review in any of the reviewed precincts also indicates a difference in the vote totals compiled by the voting system that is greater than one-half one-quarter of one percent from the result indicated by the postelection review, or greater than two votes in a precinct where 400 800 or fewer voters cast ballots, the county auditor must conduct a review of the ballots from all the remaining precincts in the county for the races indicated in subdivision 3.  This review must be completed and the results must be reported to the secretary of state within one week after the second review was completed.

 

(b) If the results from the countywide reviews from one or more counties comprising in the aggregate more than ten percent of the total number of persons voting in the election clearly indicate that an error in vote counting has occurred, the secretary of state must notify the postelection review official of each county in the district that they must conduct manual recounts of all the ballots in the district for the affected office using the procedure outlined in section 204C.35.  The recount must be completed and the results reported to the appropriate canvassing board within two weeks after the postelection review official received notice from the secretary of state.

 

Sec. 74.  Minnesota Statutes 2020, section 206.90, subdivision 6, is amended to read:

 

Subd. 6.  Ballots.  In precincts using optical scan voting systems, a single ballot card on which all ballot information is included must be printed in black ink on white colored material except that marks not to be read by the automatic tabulating equipment may be printed in another color ink.  In state elections, a single ballot title must be used, as provided in sections 204D.08, subdivision 6, and 204D.11, subdivision 1.  In odd-numbered years When both municipal and school district offices or questions appear on the ballot, the single ballot title "City (or Town) and School District Ballot" must be used.

 

On the front of the ballot must be printed the words "Official Ballot" and the date of the election and lines for the initials of at least two election judges.

 

When optical scan ballots are used, the offices to be elected must appear in the following order:  federal offices; state legislative offices; constitutional offices; proposed constitutional amendments; county offices and questions; municipal offices and questions; school district offices and questions; special district offices and questions; and judicial offices.

 

On optical scan ballots, the names of candidates and the words "yes" and "no" for ballot questions must be printed as close to their corresponding vote targets as possible.


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The line on an optical scan ballot for write-in votes must contain the words "write-in, if any."

 

If a primary ballot contains both a partisan ballot and a nonpartisan ballot, the instructions to voters must include a statement that reads substantially as follows:  "This ballot card contains a partisan ballot and a nonpartisan ballot.  On the partisan ballot you are permitted to vote for candidates of one political party only."  If a primary ballot contains political party columns on both sides of the ballot, the instructions to voters must include a statement that reads substantially as follows:  "Additional political parties are printed on the other side of this ballot.  Vote for one political party only."  At the bottom of each political party column on the primary ballot, the ballot must contain a statement that reads substantially as follows:  "Continue voting on the nonpartisan ballot."  The instructions in section 204D.08, subdivision 4, do not apply to optical scan partisan primary ballots.  Electronic ballot displays and audio ballot readers must follow the order of offices and questions on the optical scan or paper ballot used in the same precinct, or the sample ballot posted for that precinct.

 

Sec. 75.  [206.97] ELECTION SECURITY AND ADMINISTRATION GRANTS.

 

Subdivision 1.  Grants authorized.  The secretary of state may disburse funds governed by section 5.30 as grants for federal purposes to political subdivisions as authorized by this section.  In evaluating an application for a grant, the secretary of state shall consider only the information set forth in the application and is not subject to chapter 14.

 

Subd. 2.  Use of grants.  A grant awarded under this section may be used for federal purposes but restricted to the following:

 

(1) updated hardware or software used for administering elections;

 

(2) additional physical security for election equipment storage;

 

(3) increased polling place accessibility; or

 

(4) cybersecurity or physical security training for election officials or election judges.

 

Subd. 3.  Application.  The secretary of state may award a grant to a political subdivision after receiving an application from the political subdivision.  The application must identify:

 

(1) the date the application is submitted;

 

(2) the name of the political subdivision;

 

(3) the name and title of the individual who prepared the application;

 

(4) the total number of registered voters as of the date of the application in each precinct in the political subdivision;

 

(5) the total amount of the grant requested;

 

(6) the hardware, software, security improvements, accessibility improvements, or training to be acquired or conducted with the grant money;

 

(7) the proposed schedule for purchasing and implementing the proposed items and what precincts will be impacted by their implementation;


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(8) whether the political subdivision has previously applied for a grant under this subdivision and the disposition of that application;

 

(9) a certified statement by the political subdivision that the grant will be used only for purposes authorized under subdivision 2; and

 

(10) any other information required by the secretary of state.

 

Subd. 4.  Legislative report.  No later than January 15, 2022, and annually thereafter in any year during which grants are disbursed, the secretary of state must submit a report to the chairs and ranking minority members of the legislative committees with jurisdiction over elections policy on the grant awards.  The report must detail each grant awarded, including the jurisdiction, the amount of the grant, and how the grant was used.

 

Sec. 76.  Minnesota Statutes 2020, section 207A.12, is amended to read:

 

207A.12 CONDUCTING PRESIDENTIAL NOMINATION PRIMARY.

 

(a) Except as otherwise provided by law, the presidential nomination primary must be conducted, and the results canvassed and returned, in the manner provided by law for the state primary.

 

(b) An individual seeking to vote at the presidential nomination primary must be registered to vote pursuant to section 201.054, subdivision 1.  The voter must request the ballot of the party for whose candidate the individual wishes to vote.  Notwithstanding section 204C.18, subdivision 1, the election judge must record in the polling place roster the name of the political party whose ballot the voter requested.  When posting voter history pursuant to section 201.171, the county auditor must include the name of the political party whose ballot the voter requested.  The political party ballot selected by a voter is private data on individuals as defined under section 13.02, subdivision 12, except as provided in section 201.091, subdivision 4a.  A voter eligible to cast a ballot as provided in section 5B.06 must be permitted to cast a ballot at the presidential nomination primary consistent with the requirements of that section.

 

(c) Immediately after the state canvassing board declares the results of the presidential nomination primary, the secretary of state must notify the chair of each party of the results.

 

(d) The results of the presidential nomination primary must bind the election of delegates in each party.

 

Sec. 77.  Minnesota Statutes 2020, section 207A.13, is amended to read:

 

207A.13 FORM OF BALLOTS; CANDIDATES ON BALLOT.

 

Subdivision 1.  Form.  (a) Except as provided by law, presidential nomination primary ballots shall be printed in the same manner as state primary ballots as far as practicable.  A sufficient number of each ballot shall be printed for each precinct and ward in the state.

 

(b) There must be separate ballots for the names of the candidates of each participating political party.  Each ballot must be headed by the words "Presidential Nomination Primary Ballot."  The heading must also indicate the party that appears on the ballot.

 

(c) If requested by a party chair, the ballot for that participating party must contain a place for a voter to indicate a preference for having delegates to the party's national convention remain uncommitted.  If requested by a party chair, the ballot for that participating party must contain a blank line printed below the other choices on the ballot so that a voter may write in the name of a person who is not listed on the ballot.  A request under this paragraph must be submitted to the secretary of state no later than 63 days before the presidential nomination primary.


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Subd. 2.  Candidates on the ballot.  (a) Each party participating in the presidential nomination primary must determine which candidates are to be placed on the presidential nomination primary ballot for that party.  The chair of each participating party must submit to the secretary of state the names of the candidates to appear on the ballot for that party no later than 63 days before the presidential nomination primary.  Once submitted, changes must not be made to the candidates that will appear on the ballot.

 

(b) No later than the seventh 14th day before the presidential nomination primary, the chair of each participating party must submit to the secretary of state the names of write-in candidates, if any, to be counted for that party.

 

Sec. 78.  Minnesota Statutes 2020, section 207A.14, subdivision 3, is amended to read:

 

Subd. 3.  Notice of primary to public.  At least 15 days before the date of the presidential nomination primary, each municipal clerk shall post a public notice stating the date of the presidential nomination primary, the location of each polling place in the municipality, the hours during which the polling places in the municipality will be open, and information about the requirements of section 207A.12, paragraph (b), including a notice that the voter's choice of a political party's ballot will be recorded and is public information.  The county auditor shall post a similar notice in the auditor's office with information for any polling places in unorganized territory in the county.  The governing body of a municipality or county may publish the notice in addition to posting it.  Failure to give notice does not invalidate the election.

 

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

 

Sec. 79.  Minnesota Statutes 2020, section 209.021, subdivision 2, is amended to read:

 

Subd. 2.  Notice filed with court.  If the contest relates to a nomination or election for statewide office, the contestant shall file the notice of contest with the court administrator of District Court in Ramsey County.  For contests relating to any other office, the contestant shall file the notice of contest with the court administrator of district court in the county where the contestee resides maintains residence.

 

If the contest relates to a constitutional amendment, the contestant shall file the notice of contest with the court administrator of District Court in Ramsey County.  If the contest relates to any other question, the contestant shall file the notice of contest with the court administrator of district court for the county or any one of the counties where the question appeared on the ballot.

 

Sec. 80.  [211B.075] VOTER INTIMIDATION, INTERFERENCE, AND DECEPTIVE PRACTICES PROHIBITED; CIVIL ENFORCEMENT.

 

Subdivision 1.  Intimidation.  (a) A person, whether acting under color of law or otherwise, may not directly or indirectly use or threaten force, coercion, violence, restraint, damage, harm, or loss, including loss of employment or economic reprisal against:

 

(1) an individual with respect to registering or abstaining from registering to vote, voting or abstaining from voting, or voting for or against a candidate or ballot question;

 

(2) an elections official with respect to the performance of duties related to election administration; or

 

(3) any person with respect to that person's efforts to encourage another to cast a ballot or assist another in registering to vote, traveling to a polling place, casting a ballot, or participating in any other aspect of the election process.


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(b) In an action brought to prevent and restrain violations of this section or to require the payment of civil penalties, the moving party may show that the action or attempted action would cause a reasonable person to feel intimidated.  The moving party does not need to show that the actor intended to cause the victim to feel intimidated.

 

Subd. 2.  Deceptive practices.  (a) No person, whether acting under color of law or otherwise, shall within 60 days of an election cause, by any means, information to be transmitted that the person:

 

(1) intends to impede or prevent another person from exercising the right to vote; and

 

(2) knows to be materially false.

 

(b) The prohibition in this subdivision includes but is not limited to information regarding the time, place, or manner of holding an election; the qualifications for or restrictions on voter eligibility at an election; and threats to physical safety associated with casting a ballot.

 

Subd. 3.  Interference with registration or voting.  No person, whether acting under color of law or otherwise, shall intentionally hinder, interfere with, or prevent another person from voting, registering to vote, or aiding another person in casting a ballot or registering to vote.

 

Subd. 4.  Vicarious liability; conspiracy.  A person, whether acting under color of law or otherwise, may be held vicariously liable for any damages resulting from the violation of this section and may be identified in an order restraining violations of this section if that person:

 

(1) intentionally aids, advises, hires, counsels, abets, incites, compels, or coerces a person to violate any provision of this section or attempts to aid, advise, hire, counsel, abet, incite, compel, or coerce a person to violate any provision of this section; or

 

(2) conspires, combines, agrees, or arranges with another to either commit a violation of this section or aid, advise, hire, counsel, abet, incite, compel, or coerce a third person to violate any provision of this section.

 

Subd. 5.  Enforcement.  (a) The attorney general or any injured person may enforce this section consistent with the authority provided in section 8.31.  An action filed by an injured person under section 8.31, subdivision 3a, is in the public interest.

 

(b) Remedies allowable under this section are cumulative and do not restrict any other right or remedy otherwise available to an injured person.  An action for a penalty or remedy under this section must be brought within two years of the date the violation is alleged to have occurred.  The complaint process provided in sections 211B.31 to 211B.36 does not apply to violations of this section.

 

Sec. 81.  [211B.076] VOTER INTIMIDATION, INTERFERENCE, AND DECEPTIVE PRACTICES PROHIBITED; CRIMINAL PENALTIES.

 

Subdivision 1.  Intimidation.  A person is guilty of a crime if the person, whether acting under color of law or otherwise, directly or indirectly uses or threatens force, coercion, violence, restraint, damage, harm, or loss, including loss of employment or economic reprisal against another with the intent to:

 

(1) compel an individual to register or abstain from registering to vote, vote or abstain from voting, or vote for or against a candidate or ballot question;

 

(2) influence an elections official in the performance of duties related to election administration; or

 

(3) interfere with any person's efforts to encourage another to cast a ballot or assist another person in registering to vote, traveling to a polling place, casting a ballot, or participating in any other aspect of the election process.


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Subd. 2.  Deceptive practices.  (a) A person is guilty of a crime if the person, whether acting under color of law or otherwise, within 60 days of an election causes, by any means, information to be transmitted that the person:

 

(1) intends to impede or prevent another person from exercising the right to vote; and

 

(2) knows to be materially false.

 

(b) The prohibition in this subdivision includes but is not limited to information regarding the time, place, or manner of holding an election; the qualifications for or restrictions on voter eligibility at an election; and threats to physical safety associated with casting a ballot.

 

Subd. 3.  Interference with registration or voting.  A person is guilty of a crime if the person, whether acting under color of law or otherwise, intentionally hinders, interferes with, or prevents another person from voting, registering to vote, or aiding another person in casting a ballot or registering to vote.

 

Subd. 4.  Enforcement.  The complaint process provided in sections 211B.31 to 211B.36 does not apply to violations of this section.

 

Subd. 5.  Penalty.  A person who violates this section is guilty of a gross misdemeanor.

 

EFFECTIVE DATE.  This section is effective August 1, 2021, and applies to crimes committed on or after that date.

 

Sec. 82.  Minnesota Statutes 2020, section 211B.11, subdivision 1, is amended to read:

 

Subdivision 1.  Soliciting near polling places.  A person may not display campaign material, post signs, ask, solicit, or in any manner try to induce or persuade a voter within a polling place or within 100 feet of the building in which a polling place is situated, or anywhere on the public property on which a polling place is situated, on primary or election day to vote for or refrain from voting for a candidate or ballot question.  A person may not provide political badges, political buttons, or other political insignia to be worn at or about the polling place on the day of a primary or election.  A political badge, political button, or other political insignia may not be worn at or about the polling place on primary or election day.  This section applies only during voting hours and to areas established by the county auditor or municipal clerk for absentee voting as provided in chapter 203B.

 

Nothing in this subdivision prohibits the distribution of "I VOTED" stickers as provided in section 204B.49.

 

Sec. 83.  Minnesota Statutes 2020, section 211B.32, subdivision 1, is amended to read:

 

Subdivision 1.  Administrative remedy; exhaustion.  (a) Except as provided in paragraph paragraphs (b) and (c), a complaint alleging a violation of chapter 211A or 211B must be filed with the office.  The complaint must be finally disposed of by the office before the alleged violation may be prosecuted by a county attorney.

 

(b) Complaints arising under those sections and related to those individuals and associations specified in section 10A.022, subdivision 3, must be filed with the Campaign Finance and Public Disclosure Board.

 

(c) Violations of sections 211B.075 and 211B.076 may be enforced as provided in those sections.

 

Sec. 84.  [243.205] NOTICE OF RESTORATION OF RIGHT TO VOTE.

 

Subdivision 1.  Correctional facilities; designation of official.  The chief executive officer of each state and local correctional facility shall designate an official within the facility to provide the notice and application required under this section to a person to whom the civil right to vote is restored by reason of the person's release from actual incarceration.  The official shall maintain an adequate supply of voter registration applications and informational materials for this purpose.


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Subd. 2.  Notice requirement.  A notice of restoration of the civil right to vote and a voter registration application must be provided as follows:

 

(1) the chief executive officer of each state and local correctional facility shall provide the notice and application to a person being released from the facility following incarceration for a felony-level offense; and

 

(2) a probation officer or supervised release agent shall provide the notice and application to all individuals under correctional supervision for a felony-level offense.

 

Subd. 3.  Form of notice.  The notice required by subdivision 2 must appear substantially as follows:

 

"NOTICE OF RESTORATION OF YOUR RIGHT TO VOTE.

 

Your receipt of this notice today means that your right to vote in Minnesota has been restored.  Before you can vote on election day, you still need to register to vote.  To register, you may complete a voter registration application and return it to the Office of the Minnesota Secretary of State.  You may also register to vote in your polling place on election day.  You will not be permitted to cast a ballot until you register to vote.  The first time you appear at your polling place to cast a ballot, you may be required to provide proof of your current residence."

 

Subd. 4.  Failure to provide notice.  A failure to provide proper notice as required by this section does not prevent the restoration of the person's civil right to vote.

 

Sec. 85.  Minnesota Statutes 2020, section 367.03, subdivision 6, is amended to read:

 

Subd. 6.  Vacancies.  (a) When a vacancy occurs in a town office, the town board shall fill the vacancy by appointment.  Except as provided in paragraph (b), the person appointed shall hold office until the next annual town election, when a successor shall be elected for the unexpired term.

 

(b) When a vacancy occurs in a town office:

 

(1) with more than one year remaining in the term; and

 

(2) on or after the 14th day before the first day to file an affidavit of candidacy for the town election;

 

the vacancy must be filled by appointment.  The person appointed serves until the next annual town election following the election for which affidavits of candidacy are to be filed, when a successor shall be elected for the unexpired term.

 

(c) A vacancy in the office of supervisor must be filled by an appointment committee comprised of the remaining supervisors and the town clerk.

 

(d) Any person appointed to fill the vacancy in the office of supervisor must, upon assuming the office, be an eligible voter, be 21 years of age, and have resided maintained residence in the town for at least 30 days.

 

(e) When, because of a vacancy, more than one supervisor is to be chosen at the same election, candidates for the offices of supervisor shall file for one of the specific terms being filled.

 

(f) When, for any reason, the town board or the appointment committee fails to fill a vacancy in the position of an elected town officer by appointment, a special election may be called.  To call a special election, the supervisors and town clerk, or any two of them together with at least 12 other town freeholders, must file a statement in the town clerk's office.  The statement must tell why the election is called and that the interests of the town require the


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election.  When the town board or the appointment committee fails to fill a vacancy by appointment, a special town election may also be called on petition of 20 percent of the electors of the town.  The percentage is of the number of voters at the last general election.  A special town election must be conducted in the manner required for the annual town election.

 

(g) Law enforcement vacancies must be filled by appointment by the town board.

 

Sec. 86.  Minnesota Statutes 2020, section 367.25, subdivision 1, is amended to read:

 

Subdivision 1.  Requirement, fee.  Every person elected at a March election, elected at a special election, or appointed to a town office, within ten days after receiving a certificate or notice of election or appointment, shall take and subscribe the oath required by law.  Persons elected at a November election shall take their oath before assuming office.  If taken before the town clerk, the oath shall be administered and certified without fee.

 

Sec. 87.  Minnesota Statutes 2020, section 412.02, subdivision 2a, is amended to read:

 

Subd. 2a.  Vacancy.  Except as otherwise provided in subdivision 2b, a vacancy in an office shall be filled by council appointment until an election is held as provided in this subdivision.  In case of a tie vote in the council, the mayor shall make the appointment.  If the vacancy occurs before the first day to file affidavits of candidacy for the next regular city election and more than two years remain in the unexpired term, a special election shall be held at or before the next regular city election and the appointed person shall serve until the qualification of a successor elected at a special election to fill the unexpired portion of the term.  If the vacancy occurs on or after the first day to file affidavits of candidacy for the regular city election or when less than two years remain in the unexpired term, there need not be a special election to fill the vacancy and the appointed person shall serve until the qualification of a successor.  The council must specify by ordinance under what circumstances it will hold a special election to fill a vacancy other than a special election held at the same time as the regular city election.

 

All of the provisions of the Minnesota Election Law are applicable to special elections as far as practicable.

 

Sec. 88.  Minnesota Statutes 2020, section 447.32, subdivision 4, is amended to read:

 

Subd. 4.  Candidates; ballots; certifying election.  A person who wants to be a candidate for the hospital board shall file an affidavit of candidacy for the election either as member at large or as a member representing the city or town where the candidate resides maintains residence.  The affidavit of candidacy must be filed with the city or town clerk not more than 98 days nor less than 84 days before the first Tuesday after the first Monday in November of the year in which the general election is held.  The city or town clerk must forward the affidavits of candidacy to the clerk of the hospital district or, for the first election, the clerk of the most populous city or town immediately after the last day of the filing period.  A candidate may withdraw from the election by filing an affidavit of withdrawal with the clerk of the district no later than 5:00 p.m. two days after the last day to file affidavits of candidacy.

 

Voting must be by secret ballot.  The clerk shall prepare, at the expense of the district, necessary ballots for the election of officers.  Ballots must be prepared as provided in the rules of the secretary of state.  The ballots must be marked and initialed by at least two judges as official ballots and used exclusively at the election.  Any proposition to be voted on may be printed on the ballot provided for the election of officers.  The hospital board may also authorize the use of voting systems subject to chapter 206.  Enough election judges may be appointed to receive the votes at each polling place.  The election judges shall act as clerks of election, count the ballots cast, and submit them to the board for canvass.


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After canvassing the election, the board shall issue a certificate of election to the candidate who received the largest number of votes cast for each office.  The clerk shall deliver the certificate to the person entitled to it in person or by certified mail.  Each person certified shall file an acceptance and oath of office in writing with the clerk within 30 days after the date of delivery or mailing of the certificate.  The board may fill any office as provided in subdivision 1 if the person elected fails to qualify within 30 days, but qualification is effective if made before the board acts to fill the vacancy.

 

Sec. 89.  Minnesota Statutes 2020, section 609.165, subdivision 1, is amended to read:

 

Subdivision 1.  Restoration.  When a person has been deprived of civil rights by reason of conviction of a crime and is thereafter discharged, such discharge shall restore the person to all civil rights and to full citizenship, with full right to vote and hold office, the same as if such conviction had not taken place, and the order of discharge shall so provide.

 

Sec. 90.  Laws 2019, First Special Session chapter 10, article 1, section 40, is amended to read:

 

Sec. 40.  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.

 

(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 expended.

 

(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.


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Sec. 91.  Laws 2020, chapter 77, section 3, subdivision 6, is amended to read:

 

Subd. 6.  Availability of appropriations.  The appropriations provided in this section are onetime and available until December 21, 2024 expended.

 

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

 

Sec. 92.  ELECTION DAY REGISTRATION; USE OF MEDICAL BILL TO PROVE RESIDENCE.

 

The secretary of state must amend Minnesota Rules, section 8200.5100, subpart 2, to allow an eligible voter to prove residence in a precinct on election day by presenting a medical bill.  The amendment to the rule must be effective no later than August 1, 2021.  The secretary of state may use the good cause exemption under Minnesota Statutes, section 14.388, subdivision 1, clause (3), to adopt rules under this section and Minnesota Statutes, section 14.386, does not apply except as provided under Minnesota Statutes, section 14.388.

 

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

 

ARTICLE 4

CAMPAIGN FINANCE

 

Section 1.  Minnesota Statutes 2020, section 10A.01, subdivision 4, is amended to read:

 

Subd. 4.  Approved expenditure.  "Approved expenditure" means an expenditure made on behalf of a candidate or a local candidate by an entity other than the candidate's principal campaign committee of the candidate or the local candidate, if the expenditure is made with the authorization or expressed or implied consent of, or in cooperation or in concert with, or at the request or suggestion of the candidate or local candidate, the candidate's principal campaign committee, or the candidate's or local candidate's agent.  An approved expenditure is a contribution to that candidate or local candidate.

 

Sec. 2.  Minnesota Statutes 2020, section 10A.01, subdivision 7, is amended to read:

 

Subd. 7.  Ballot question.  "Ballot question" means a question or proposition that is placed on the ballot and that may be voted on by:

 

(1) all voters of the state.;

 

(2) all voters of Hennepin County;

 

(3) all voters of any home rule charter city or statutory city located wholly within Hennepin County and having a population of 75,000 or more; or

 

(4) all voters of Special School District No. 1.

 

"Promoting or defeating a ballot question" includes activities, other than lobbying activities, related to qualifying the question for placement on the ballot.

 

Sec. 3.  Minnesota Statutes 2020, section 10A.01, subdivision 9, is amended to read:

 

Subd. 9.  Campaign expenditure.  "Campaign expenditure" or "expenditure" means a purchase or payment of money or anything of value, or an advance of credit, made or incurred for the purpose of influencing the nomination or election of a candidate or a local candidate or for the purpose of promoting or defeating a ballot question.


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

 

An expenditure made for the purpose of defeating a candidate or a local candidate is considered made for the purpose of influencing the nomination or election of that candidate or local candidate or any opponent of that candidate or local candidate.

 

Except as provided in clause (1), "expenditure" includes the dollar value of a donation in kind.

 

"Expenditure" does not include:

 

(1) noncampaign disbursements as defined in subdivision 26;

 

(2) services provided without compensation by an individual volunteering personal time on behalf of a candidate or a local candidate, ballot question, political committee, political fund, principal campaign committee, or party unit;

 

(3) the publishing or broadcasting of news items or editorial comments by the news media; or

 

(4) an individual's unreimbursed personal use of an automobile owned by the individual and used by the individual while volunteering personal time.

 

Sec. 4.  Minnesota Statutes 2020, section 10A.01, is amended by adding a subdivision to read:

 

Subd. 10d.  Local candidate.  "Local candidate" means an individual who seeks nomination or election to:

 

(1) any county office in Hennepin County;

 

(2) any city office in any home rule charter city or statutory city located wholly within Hennepin County and having a population of 75,000 or more; or

 

(3) the school board in Special School District No. 1.

 

Sec. 5.  Minnesota Statutes 2020, section 10A.01, subdivision 11, is amended to read:

 

Subd. 11.  Contribution.  (a) "Contribution" means money, a negotiable instrument, or a donation in kind that is given to a political committee, political fund, principal campaign committee, local candidate, or party unit.  An allocation by an association of general treasury money to be used for activities that must be or are reported through the association's political fund is considered to be a contribution for the purposes of disclosure required by this chapter.

 

(b) "Contribution" includes a loan or advance of credit to a political committee, political fund, principal campaign committee, local candidate, or party unit, if the loan or advance of credit is:  (1) forgiven; or (2) repaid by an individual or an association other than the political committee, political fund, principal campaign committee, local candidate, or party unit to which the loan or advance of credit was made.  If an advance of credit or a loan is forgiven or repaid as provided in this paragraph, it is a contribution in the year in which the loan or advance of credit was made.

 

(c) "Contribution" does not include services provided without compensation by an individual volunteering personal time on behalf of a candidate, local candidate, ballot question, political committee, political fund, principal campaign committee, or party unit; the publishing or broadcasting of news items or editorial comments by the news media; or an individual's unreimbursed personal use of an automobile owned by the individual while volunteering personal time.


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Sec. 6.  Minnesota Statutes 2020, section 10A.01, subdivision 16a, is amended to read:

 

Subd. 16a.  Expressly advocating.  "Expressly advocating" means:

 

(1) that a communication clearly identifies a candidate or a local candidate and uses words or phrases of express advocacy.; or

 

(2) that a communication when taken as a whole and with limited reference to external events, such as the proximity to the election, is susceptible of no reasonable interpretation other than as an appeal advocating the election or defeat of one or more clearly identified candidates.

 

Sec. 7.  Minnesota Statutes 2020, section 10A.01, subdivision 17c, is amended to read:

 

Subd. 17c.  General treasury money.  "General treasury money" means money that an association other than a principal campaign committee, party unit, or political committee accumulates through membership dues and fees, donations to the association for its general purposes, and income from the operation of a business.  General treasury money does not include money collected to influence the nomination or election of candidates or local candidates or to promote or defeat a ballot question.

 

Sec. 8.  Minnesota Statutes 2020, section 10A.01, subdivision 18, is amended to read:

 

Subd. 18.  Independent expenditure.  "Independent expenditure" means an expenditure expressly advocating the election or defeat of a clearly identified candidate or local candidate, if the expenditure is made without the express or implied consent, authorization, or cooperation of, and not in concert with or at the request or suggestion of, any candidate or any candidate's principal campaign committee or agent or any local candidate or local candidate's agent.  An independent expenditure is not a contribution to that candidate or local candidate.  An independent expenditure does not include the act of announcing a formal public endorsement of a candidate or local candidate for public office, unless the act is simultaneously accompanied by an expenditure that would otherwise qualify as an independent expenditure under this subdivision.

 

Sec. 9.  Minnesota Statutes 2020, section 10A.01, subdivision 20, is amended to read:

 

Subd. 20.  Loan.  "Loan" means an advance of money or anything of value made to a political committee, political fund, principal campaign committee, local candidate, or party unit.

 

Sec. 10.  Minnesota Statutes 2020, section 10A.01, subdivision 26, is amended to read:

 

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

 

(1) payment for accounting and legal services;

 

(2) return of a contribution to the source;

 

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

 

(4) return of a public subsidy;

 

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


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(6) services for a constituent by a member of the legislature or a constitutional officer in the executive branch as provided in section 10A.173, subdivision 1;

 

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

 

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

 

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

 

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

 

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

 

(12) fees paid to attend a campaign school;

 

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

 

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

 

(15) filing fees;

 

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

 

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

 

(18) contributions to a party unit;

 

(19) payments for funeral gifts or memorials;

 

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

 

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

 

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

 

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

 

(24) a contribution to a fund established to support a candidate's participation in a recount of ballots affecting that candidate's election;

 

(25) costs paid by a candidate's principal campaign committee for a single reception given in honor of the candidate's retirement from public office after the filing period for affidavits of candidacy for that office has closed;


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(26) a donation from a terminating principal campaign committee to the state general fund; and

 

(27) a donation from a terminating principal campaign committee to a county obligated to incur special election expenses due to that candidate's resignation from state office.; and

 

(28) during a period starting January 1 in the year following a general election and ending on December 31 of the year of general election, payments of $2,000 or less for security-related expenses for a candidate and any immediate family member of the candidate, including but not limited to home security cameras, a home security system, and identity theft monitoring services.  For purposes of this clause, an immediate family member is a person who resides in the candidate's household and is the candidate's spouse, fiancee, fiance, grandparent, parent, child, grandchild, sibling, including adoptive, half, step, and in-law relationships.

 

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

 

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

 

Sec. 11.  Minnesota Statutes 2020, section 10A.01, subdivision 27, is amended to read:

 

Subd. 27.  Political committee.  "Political committee" means an association whose major purpose is to influence the nomination or election of one or more candidates or local candidates or to promote or defeat a ballot question, other than a principal campaign committee, local candidate, or a political party unit.

 

Sec. 12.  Minnesota Statutes 2020, section 10A.01, subdivision 28, is amended to read:

 

Subd. 28.  Political fund.  "Political fund" means an accumulation of dues or voluntary contributions by an association other than a political committee, principal campaign committee, or party unit, if the accumulation is collected or expended to influence the nomination or election of one or more candidates or local candidates or to promote or defeat a ballot question.  The term political fund as used in this chapter may also refer to the association acting through its political fund.

 

Sec. 13.  Minnesota Statutes 2020, section 10A.01, subdivision 35, is amended to read:

 

Subd. 35.  Public official.  "Public official" means any:

 

(1) member of the legislature;

 

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

 

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

 

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

 

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

 

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


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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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