Minnesota Legislature
HF 4293
1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 04/08/2022 12:21pm
2.23 2.24
2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 2.34 2.35 2.36 2.37 2.38
2.39 2.40 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29
3.30 3.31 3.32
4.1
4.2 4.3 4.4
4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32 5.33 5.34 6.1 6.2 6.3
6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31 6.32 6.33 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 7.32 7.33 7.34 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9
8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.26 8.27 8.28 8.29 8.30 8.31 8.32 8.33 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 9.12 9.13 9.14 9.15 9.16 9.17
9.18 9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27 9.28 9.29 9.30 9.31
9.32 9.33
10.1
10.2 10.3
10.4 10.5
10.6 10.7 10.8 10.9 10.10 10.11 10.12 10.13 10.14 10.15 10.16 10.17 10.18 10.19 10.20 10.21 10.22 10.23 10.24 10.25 10.26 10.27 10.28
10.29
11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 11.9 11.10 11.11 11.12 11.13 11.14 11.15 11.16 11.17 11.18 11.19 11.20 11.21 11.22 11.23 11.24 11.25 11.26 11.27 11.28 11.29 11.30 11.31 11.32 11.33 12.1 12.2 12.3 12.4 12.5 12.6 12.7 12.8 12.9 12.10 12.11 12.12 12.13 12.14 12.15 12.16 12.17 12.18 12.19 12.20 12.21
12.22
12.23 12.24
12.25 12.26 12.27 12.28 12.29 12.30 12.31 12.32 12.33
13.1 13.2 13.3 13.4 13.5 13.6 13.7 13.8 13.9 13.10 13.11 13.12 13.13 13.14 13.15 13.16 13.17 13.18 13.19 13.20 13.21 13.22 13.23 13.24 13.25 13.26 13.27 13.28 13.29 13.30 13.31 13.32 14.1 14.2 14.3 14.4 14.5 14.6 14.7 14.8 14.9 14.10 14.11 14.12 14.13 14.14
14.15
14.16 14.17 14.18 14.19 14.20 14.21 14.22 14.23 14.24 14.25 14.26 14.27 14.28 14.29
15.1 15.2 15.3 15.4 15.5
15.6 15.7 15.8 15.9
15.10 15.11 15.12 15.13 15.14 15.15 15.16
15.17 15.18 15.19 15.20 15.21 15.22
15.23 15.24 15.25 15.26 15.27 15.28 15.29 15.30 16.1 16.2 16.3 16.4 16.5 16.6 16.7 16.8 16.9 16.10 16.11 16.12 16.13 16.14 16.15 16.16 16.17 16.18 16.19 16.20 16.21 16.22 16.23
16.24 16.25 16.26 16.27 16.28 16.29 16.30 16.31 16.32 16.33 17.1 17.2 17.3
17.4 17.5 17.6 17.7 17.8 17.9 17.10 17.11 17.12 17.13 17.14 17.15 17.16 17.17 17.18 17.19 17.20 17.21 17.22 17.23 17.24 17.25 17.26 17.27 17.28 17.29
18.1 18.2 18.3 18.4 18.5 18.6 18.7 18.8 18.9 18.10 18.11 18.12 18.13 18.14 18.15 18.16 18.17 18.18 18.19 18.20 18.21 18.22 18.23 18.24 18.25 18.26 18.27 18.28 18.29 18.30 18.31 19.1 19.2 19.3 19.4 19.5 19.6 19.7
19.8 19.9 19.10 19.11 19.12 19.13 19.14 19.15 19.16 19.17 19.18 19.19 19.20 19.21 19.22 19.23 19.24 19.25 19.26 19.27 19.28 19.29 19.30 19.31 19.32 19.33 19.34 20.1 20.2 20.3 20.4 20.5 20.6 20.7
20.8 20.9 20.10 20.11 20.12 20.13 20.14 20.15 20.16 20.17 20.18 20.19 20.20 20.21 20.22 20.23 20.24 20.25 20.26 20.27 20.28 20.29
21.1 21.2 21.3 21.4 21.5 21.6 21.7 21.8 21.9
21.10 21.11 21.12 21.13 21.14 21.15 21.16 21.17 21.18
21.19
21.20 21.21 21.22 21.23 21.24 21.25
21.26
21.27 21.28 21.29 21.30 21.31 22.1 22.2 22.3 22.4 22.5 22.6
22.7
22.8 22.9 22.10 22.11 22.12 22.13 22.14 22.15 22.16 22.17 22.18 22.19 22.20 22.21 22.22 22.23 22.24 22.25 22.26 22.27 22.28 22.29 22.30 22.31 22.32 22.33 22.34 23.1 23.2 23.3 23.4
23.5 23.6 23.7 23.8 23.9 23.10 23.11 23.12 23.13 23.14 23.15 23.16 23.17 23.18 23.19 23.20 23.21 23.22 23.23 23.24 23.25 23.26 23.27 23.28 23.29 23.30 23.31 24.1 24.2 24.3 24.4 24.5 24.6
24.7 24.8 24.9 24.10 24.11 24.12 24.13 24.14 24.15 24.16 24.17 24.18 24.19 24.20 24.21 24.22 24.23 24.24 24.25 24.26 24.27 24.28 24.29
24.30 24.31 24.32 24.33 25.1 25.2 25.3 25.4 25.5 25.6 25.7 25.8 25.9 25.10 25.11 25.12
25.13 25.14 25.15 25.16 25.17 25.18 25.19 25.20
25.21 25.22 25.23 25.24 25.25 25.26 25.27 25.28 25.29 25.30 25.31 26.1 26.2 26.3 26.4 26.5 26.6 26.7 26.8 26.9 26.10 26.11 26.12 26.13 26.14 26.15 26.16 26.17 26.18 26.19 26.20 26.21 26.22 26.23 26.24 26.25 26.26 26.27 26.28 26.29 26.30 26.31 26.32
27.1 27.2 27.3 27.4 27.5 27.6 27.7
27.8 27.9 27.10
27.11 27.12 27.13 27.14 27.15 27.16 27.17 27.18 27.19 27.20
27.21 27.22 27.23 27.24 27.25 27.26 27.27 27.28
28.1 28.2 28.3 28.4 28.5 28.6 28.7 28.8 28.9 28.10 28.11 28.12 28.13 28.14 28.15 28.16 28.17 28.18 28.19 28.20 28.21 28.22 28.23 28.24 28.25 28.26 28.27 28.28 28.29 28.30 28.31 29.1 29.2 29.3 29.4 29.5 29.6 29.7 29.8 29.9 29.10 29.11 29.12 29.13 29.14 29.15 29.16 29.17 29.18 29.19 29.20 29.21 29.22 29.23 29.24 29.25 29.26 29.27 29.28 29.29 29.30 29.31 30.1 30.2 30.3 30.4 30.5 30.6 30.7 30.8 30.9 30.10
30.11 30.12 30.13 30.14 30.15 30.16 30.17 30.18 30.19
30.20 30.21 30.22 30.23 30.24 30.25 30.26 30.27 30.28 30.29 30.30 30.31 30.32 31.1 31.2 31.3
31.4 31.5 31.6 31.7 31.8
31.9 31.10 31.11 31.12 31.13
31.14 31.15 31.16 31.17 31.18 31.19 31.20 31.21
31.22 31.23 31.24 31.25
31.26 31.27 31.28 31.29 32.1 32.2 32.3 32.4 32.5 32.6 32.7 32.8 32.9 32.10 32.11 32.12 32.13 32.14 32.15 32.16 32.17 32.18 32.19 32.20
32.21 32.22 32.23 32.24 32.25 32.26 32.27 32.28 32.29 32.30 32.31 33.1 33.2 33.3 33.4 33.5 33.6 33.7 33.8 33.9 33.10 33.11 33.12 33.13 33.14 33.15 33.16 33.17 33.18 33.19 33.20 33.21 33.22 33.23 33.24 33.25 33.26
33.27 33.28 33.29 33.30 33.31 33.32 33.33 34.1 34.2
34.3 34.4 34.5 34.6 34.7 34.8 34.9 34.10 34.11 34.12
34.13 34.14 34.15 34.16 34.17 34.18 34.19 34.20 34.21 34.22 34.23 34.24 34.25 34.26 34.27 34.28 34.29 34.30
35.1 35.2 35.3 35.4 35.5 35.6 35.7 35.8 35.9 35.10 35.11 35.12
35.13 35.14 35.15 35.16 35.17 35.18 35.19
35.20 35.21 35.22 35.23 35.24 35.25 35.26 35.27 35.28 35.29 35.30 35.31 35.32 35.33 36.1 36.2 36.3 36.4 36.5 36.6 36.7 36.8 36.9 36.10 36.11 36.12 36.13 36.14 36.15 36.16 36.17 36.18 36.19 36.20 36.21 36.22 36.23 36.24 36.25 36.26 36.27
36.28 36.29 36.30 36.31 36.32 36.33 37.1 37.2 37.3 37.4 37.5 37.6 37.7 37.8 37.9 37.10 37.11 37.12 37.13 37.14 37.15 37.16 37.17 37.18 37.19 37.20
37.21 37.22 37.23 37.24 37.25 37.26 37.27 37.28 37.29 37.30 37.31 37.32 38.1 38.2
38.3
38.4 38.5 38.6 38.7 38.8 38.9 38.10 38.11 38.12 38.13 38.14 38.15 38.16 38.17 38.18 38.19 38.20 38.21 38.22 38.23 38.24 38.25 38.26 38.27 38.28 38.29 38.30 38.31 39.1 39.2 39.3 39.4 39.5
39.6
39.7 39.8 39.9 39.10 39.11 39.12 39.13 39.14 39.15 39.16 39.17 39.18 39.19 39.20 39.21 39.22 39.23 39.24 39.25 39.26 39.27 39.28 39.29 39.30 39.31 40.1 40.2 40.3 40.4 40.5 40.6 40.7 40.8 40.9 40.10 40.11 40.12 40.13 40.14 40.15 40.16 40.17 40.18 40.19 40.20 40.21 40.22 40.23 40.24 40.25 40.26 40.27 40.28
40.29 40.30 40.31 40.32 41.1 41.2 41.3 41.4 41.5 41.6 41.7 41.8 41.9 41.10 41.11 41.12 41.13 41.14 41.15 41.16 41.17 41.18 41.19 41.20 41.21 41.22 41.23 41.24 41.25 41.26 41.27 41.28 41.29 41.30 41.31 41.32 41.33 42.1 42.2 42.3 42.4 42.5 42.6 42.7 42.8 42.9 42.10 42.11 42.12 42.13 42.14 42.15 42.16 42.17 42.18 42.19 42.20 42.21 42.22 42.23 42.24 42.25 42.26 42.27 42.28 42.29 42.30 42.31 42.32 42.33 42.34 43.1 43.2 43.3 43.4 43.5 43.6 43.7 43.8 43.9 43.10 43.11 43.12 43.13 43.14 43.15 43.16 43.17 43.18 43.19 43.20 43.21 43.22 43.23 43.24 43.25 43.26 43.27 43.28 43.29 43.30 43.31 43.32 44.1 44.2 44.3 44.4 44.5 44.6 44.7 44.8 44.9 44.10 44.11 44.12 44.13 44.14 44.15 44.16 44.17 44.18 44.19 44.20 44.21 44.22 44.23 44.24 44.25 44.26 44.27 44.28 44.29 44.30
45.1 45.2 45.3 45.4 45.5 45.6 45.7 45.8 45.9 45.10
45.11 45.12 45.13 45.14 45.15 45.16 45.17 45.18 45.19 45.20 45.21 45.22 45.23 45.24 45.25
45.26 45.27 45.28 45.29 45.30 46.1 46.2 46.3 46.4 46.5 46.6
46.7 46.8 46.9 46.10 46.11 46.12 46.13 46.14
46.15 46.16 46.17 46.18 46.19 46.20 46.21 46.22 46.23 46.24 46.25 46.26 46.27 46.28 46.29 46.30 46.31 46.32 47.1 47.2 47.3 47.4 47.5 47.6 47.7 47.8
47.9 47.10 47.11 47.12 47.13 47.14 47.15 47.16 47.17 47.18 47.19 47.20 47.21 47.22 47.23 47.24 47.25 47.26 47.27
47.28 47.29 47.30 47.31 48.1 48.2 48.3 48.4 48.5 48.6 48.7 48.8 48.9 48.10 48.11 48.12 48.13 48.14
48.15 48.16 48.17 48.18 48.19 48.20 48.21 48.22 48.23 48.24 48.25 48.26 48.27 48.28 48.29 48.30 49.1 49.2 49.3 49.4 49.5 49.6
49.7
49.8 49.9 49.10 49.11 49.12 49.13 49.14 49.15 49.16 49.17 49.18 49.19 49.20
49.21
49.22 49.23 49.24 49.25 49.26 49.27 49.28 49.29 49.30
50.1
50.2 50.3 50.4 50.5 50.6 50.7 50.8 50.9 50.10 50.11 50.12 50.13 50.14
50.15
50.16 50.17 50.18 50.19 50.20 50.21 50.22 50.23 50.24 50.25 50.26 50.27 50.28 50.29 50.30 50.31 50.32 51.1
51.2 51.3 51.4 51.5 51.6 51.7
51.8 51.9 51.10 51.11 51.12 51.13 51.14 51.15 51.16 51.17 51.18 51.19 51.20 51.21 51.22 51.23 51.24 51.25 51.26 51.27 51.28 51.29
51.30 51.31 51.32 52.1 52.2 52.3 52.4 52.5 52.6 52.7 52.8 52.9 52.10 52.11 52.12 52.13 52.14 52.15 52.16 52.17 52.18 52.19 52.20 52.21 52.22 52.23 52.24 52.25 52.26 52.27 52.28 52.29 52.30
53.1 53.2 53.3 53.4 53.5 53.6 53.7 53.8 53.9 53.10 53.11 53.12 53.13 53.14 53.15 53.16 53.17 53.18 53.19 53.20 53.21 53.22 53.23 53.24 53.25 53.26 53.27 53.28 53.29 53.30 53.31 53.32 53.33 54.1 54.2 54.3 54.4 54.5 54.6 54.7 54.8 54.9 54.10 54.11 54.12 54.13 54.14 54.15 54.16 54.17 54.18 54.19 54.20 54.21 54.22 54.23 54.24 54.25 54.26 54.27 54.28 54.29 54.30 54.31 54.32 54.33 55.1 55.2 55.3 55.4 55.5 55.6 55.7 55.8 55.9 55.10 55.11 55.12 55.13 55.14 55.15 55.16 55.17 55.18 55.19 55.20 55.21 55.22 55.23 55.24 55.25 55.26 55.27 55.28 55.29 55.30 55.31 55.32 55.33 55.34 56.1 56.2 56.3 56.4 56.5 56.6 56.7 56.8 56.9 56.10 56.11 56.12 56.13 56.14 56.15 56.16 56.17 56.18 56.19 56.20 56.21 56.22 56.23 56.24 56.25 56.26 56.27 56.28 56.29 56.30 56.31 56.32 56.33 57.1 57.2 57.3 57.4 57.5 57.6 57.7 57.8 57.9 57.10 57.11 57.12 57.13 57.14 57.15 57.16 57.17 57.18 57.19 57.20 57.21 57.22 57.23 57.24 57.25 57.26 57.27 57.28 57.29 57.30 57.31 58.1 58.2 58.3 58.4 58.5 58.6 58.7 58.8 58.9 58.10 58.11 58.12 58.13 58.14 58.15 58.16
58.17 58.18 58.19 58.20 58.21 58.22 58.23 58.24 58.25 58.26 58.27 58.28 58.29 58.30 58.31 59.1 59.2 59.3 59.4 59.5 59.6 59.7 59.8 59.9 59.10 59.11 59.12 59.13 59.14 59.15 59.16 59.17 59.18 59.19 59.20 59.21 59.22 59.23 59.24 59.25 59.26 59.27 59.28 59.29 59.30 59.31 59.32 59.33 59.34 60.1 60.2 60.3 60.4 60.5 60.6 60.7 60.8 60.9 60.10 60.11 60.12 60.13 60.14 60.15 60.16 60.17 60.18 60.19 60.20 60.21 60.22 60.23 60.24
60.25
60.26 60.27 60.28 60.29 60.30 60.31 60.32 60.33 60.34 61.1 61.2 61.3 61.4 61.5 61.6 61.7 61.8 61.9 61.10 61.11 61.12 61.13 61.14 61.15 61.16 61.17 61.18 61.19 61.20 61.21 61.22 61.23 61.24 61.25 61.26 61.27 61.28 61.29 61.30 61.31 61.32 61.33 62.1 62.2 62.3 62.4 62.5 62.6 62.7 62.8 62.9 62.10 62.11 62.12 62.13 62.14 62.15 62.16 62.17 62.18 62.19 62.20 62.21 62.22 62.23 62.24 62.25 62.26 62.27 62.28 62.29 62.30 62.31 62.32 62.33 62.34 62.35 62.36 63.1 63.2 63.3 63.4 63.5 63.6 63.7 63.8 63.9 63.10 63.11 63.12 63.13 63.14 63.15 63.16 63.17 63.18 63.19 63.20 63.21 63.22 63.23 63.24 63.25 63.26 63.27 63.28 63.29 63.30 63.31 63.32
63.33
64.1 64.2 64.3 64.4 64.5 64.6 64.7 64.8 64.9
64.10
64.11 64.12 64.13 64.14 64.15 64.16 64.17 64.18 64.19 64.20 64.21 64.22 64.23 64.24 64.25 64.26 64.27 64.28 64.29 64.30 64.31 65.1 65.2 65.3 65.4 65.5 65.6
65.7 65.8 65.9 65.10 65.11 65.12 65.13 65.14 65.15 65.16 65.17 65.18 65.19 65.20 65.21 65.22 65.23 65.24 65.25 65.26 65.27 65.28 65.29
66.1 66.2 66.3 66.4 66.5
66.6
66.7 66.8 66.9 66.10 66.11 66.12 66.13 66.14 66.15
66.16
66.17 66.18 66.19 66.20 66.21 66.22 66.23 66.24 66.25 66.26 66.27 66.28 66.29
67.1 67.2 67.3 67.4 67.5 67.6 67.7 67.8 67.9 67.10 67.11 67.12 67.13 67.14 67.15 67.16 67.17 67.18 67.19 67.20 67.21 67.22 67.23 67.24 67.25 67.26 67.27 67.28 67.29 68.1 68.2 68.3 68.4 68.5 68.6 68.7 68.8 68.9 68.10 68.11 68.12 68.13 68.14
68.15 68.16 68.17 68.18 68.19 68.20 68.21 68.22 68.23
68.24 68.25 68.26 68.27 68.28 68.29 68.30 68.31 69.1 69.2 69.3 69.4 69.5 69.6 69.7 69.8 69.9 69.10 69.11 69.12 69.13 69.14 69.15 69.16 69.17 69.18 69.19 69.20 69.21 69.22 69.23 69.24 69.25 69.26 69.27 69.28 69.29 70.1 70.2 70.3 70.4 70.5 70.6 70.7 70.8 70.9 70.10 70.11 70.12 70.13 70.14 70.15 70.16 70.17 70.18 70.19 70.20 70.21 70.22 70.23 70.24 70.25 70.26 70.27 70.28 70.29 70.30 70.31 71.1 71.2 71.3 71.4 71.5 71.6 71.7 71.8 71.9 71.10 71.11 71.12 71.13 71.14 71.15
71.16
71.17 71.18 71.19 71.20 71.21 71.22 71.23
71.24 71.25 71.26 71.27 71.28 71.29 71.30 72.1 72.2 72.3 72.4 72.5
72.6 72.7 72.8 72.9 72.10 72.11 72.12 72.13 72.14
72.15 72.16 72.17 72.18 72.19 72.20 72.21 72.22 72.23
72.24 72.25
72.26 72.27 72.28 72.29 72.30 73.1 73.2 73.3 73.4 73.5 73.6 73.7 73.8 73.9 73.10 73.11 73.12 73.13 73.14 73.15 73.16
73.17 73.18 73.19 73.20 73.21 73.22 73.23 73.24 73.25
73.26 73.27 73.28 73.29 73.30 73.31 73.32 74.1 74.2 74.3 74.4 74.5 74.6 74.7 74.8 74.9 74.10 74.11 74.12 74.13 74.14 74.15 74.16 74.17 74.18 74.19 74.20 74.21 74.22 74.23
74.24 74.25 74.26 74.27 74.28 74.29 74.30 74.31 74.32 74.33 75.1 75.2 75.3 75.4 75.5 75.6 75.7 75.8 75.9 75.10 75.11 75.12 75.13 75.14 75.15 75.16 75.17 75.18 75.19 75.20 75.21 75.22 75.23 75.24 75.25 75.26 75.27 75.28 75.29 75.30 75.31 75.32 75.33 75.34 76.1 76.2 76.3 76.4 76.5 76.6 76.7 76.8 76.9 76.10 76.11 76.12 76.13 76.14 76.15 76.16 76.17 76.18 76.19 76.20 76.21
76.22 76.23 76.24 76.25 76.26 76.27 76.28 76.29 76.30 76.31 76.32 76.33 76.34 77.1 77.2 77.3 77.4 77.5 77.6 77.7 77.8 77.9 77.10 77.11 77.12 77.13 77.14 77.15 77.16 77.17 77.18 77.19 77.20 77.21 77.22 77.23 77.24 77.25 77.26 77.27 77.28
78.1 78.2 78.3 78.4 78.5 78.6 78.7 78.8 78.9 78.10 78.11 78.12 78.13 78.14 78.15 78.16 78.17 78.18 78.19 78.20 78.21 78.22 78.23 78.24 78.25 78.26 78.27 78.28 78.29 78.30 79.1 79.2 79.3 79.4 79.5 79.6 79.7 79.8 79.9
79.10 79.11 79.12
79.13 79.14 79.15 79.16 79.17 79.18
79.19 79.20 79.21 79.22 79.23 79.24 79.25 79.26 79.27 79.28 79.29 79.30 79.31 79.32 80.1 80.2 80.3
80.4 80.5 80.6 80.7 80.8 80.9 80.10 80.11 80.12 80.13 80.14 80.15 80.16 80.17 80.18 80.19 80.20 80.21 80.22 80.23 80.24 80.25 80.26 80.27 80.28 80.29 80.30 80.31 80.32 80.33 80.34 81.1 81.2 81.3 81.4 81.5 81.6 81.7 81.8 81.9 81.10 81.11 81.12 81.13 81.14 81.15 81.16 81.17 81.18 81.19 81.20 81.21 81.22 81.23 81.24 81.25 81.26 81.27
81.28 81.29 81.30 81.31 81.32 82.1 82.2 82.3 82.4 82.5 82.6 82.7 82.8 82.9 82.10 82.11 82.12
82.13 82.14 82.15 82.16 82.17 82.18 82.19 82.20 82.21 82.22 82.23 82.24 82.25 82.26 82.27 82.28 82.29 82.30 82.31 82.32 82.33 83.1 83.2 83.3 83.4 83.5 83.6 83.7 83.8 83.9 83.10 83.11 83.12 83.13 83.14 83.15 83.16 83.17 83.18 83.19
83.20 83.21 83.22 83.23 83.24
83.25 83.26 83.27 83.28
84.1 84.2 84.3 84.4 84.5 84.6 84.7
84.8 84.9 84.10 84.11 84.12 84.13 84.14 84.15 84.16 84.17 84.18 84.19 84.20 84.21
84.22 84.23 84.24 84.25 84.26 84.27 84.28 84.29 84.30 84.31 84.32 85.1 85.2 85.3
85.4 85.5 85.6 85.7 85.8 85.9 85.10 85.11 85.12 85.13 85.14 85.15 85.16 85.17 85.18 85.19 85.20 85.21
85.22 85.23 85.24 85.25 85.26 85.27 85.28
85.29 85.30 85.31 85.32 86.1 86.2 86.3 86.4 86.5 86.6
86.7 86.8 86.9 86.10 86.11 86.12 86.13 86.14 86.15 86.16 86.17 86.18 86.19 86.20 86.21 86.22 86.23 86.24 86.25 86.26 86.27
86.28 86.29 86.30 86.31 87.1 87.2 87.3 87.4 87.5 87.6 87.7 87.8 87.9 87.10 87.11 87.12 87.13 87.14 87.15 87.16 87.17 87.18 87.19 87.20 87.21 87.22 87.23 87.24 87.25 87.26 87.27 87.28 87.29 87.30 87.31 88.1 88.2 88.3
88.4 88.5 88.6 88.7 88.8 88.9 88.10 88.11 88.12
88.13 88.14 88.15 88.16 88.17 88.18 88.19 88.20 88.21 88.22 88.23 88.24 88.25 88.26 88.27 88.28 88.29 88.30
89.1 89.2 89.3 89.4 89.5 89.6 89.7 89.8 89.9 89.10 89.11 89.12 89.13 89.14 89.15 89.16 89.17 89.18 89.19 89.20 89.21 89.22 89.23 89.24 89.25 89.26 89.27 89.28 89.29 89.30 89.31 89.32 89.33 90.1 90.2 90.3 90.4 90.5 90.6 90.7 90.8 90.9 90.10 90.11 90.12 90.13 90.14 90.15 90.16 90.17 90.18 90.19 90.20 90.21 90.22 90.23
90.24 90.25 90.26 90.27 90.28 90.29 90.30 90.31 90.32 91.1 91.2 91.3 91.4 91.5 91.6 91.7 91.8
91.9 91.10 91.11 91.12 91.13 91.14 91.15 91.16 91.17
91.18 91.19 91.20 91.21 91.22 91.23 91.24 91.25 91.26 91.27
91.28 91.29 91.30 91.31 92.1 92.2 92.3 92.4 92.5 92.6 92.7 92.8 92.9 92.10
92.11 92.12 92.13 92.14 92.15 92.16 92.17 92.18 92.19 92.20 92.21 92.22 92.23 92.24 92.25 92.26 92.27 92.28 92.29 92.30 92.31 93.1 93.2 93.3 93.4 93.5 93.6 93.7 93.8 93.9 93.10 93.11 93.12
93.13 93.14 93.15 93.16 93.17 93.18 93.19 93.20 93.21 93.22 93.23 93.24 93.25 93.26 93.27 93.28 93.29 93.30
94.1 94.2 94.3 94.4 94.5 94.6 94.7 94.8 94.9 94.10 94.11 94.12 94.13 94.14 94.15 94.16 94.17 94.18 94.19 94.20 94.21 94.22 94.23 94.24 94.25 94.26 94.27 94.28 94.29 94.30 94.31 94.32 95.1 95.2
95.3 95.4 95.5 95.6 95.7 95.8 95.9 95.10 95.11 95.12 95.13 95.14 95.15 95.16 95.17 95.18 95.19
95.20 95.21 95.22 95.23 95.24 95.25 95.26 95.27 95.28 95.29 96.1 96.2 96.3 96.4
96.5 96.6 96.7 96.8 96.9 96.10 96.11 96.12 96.13 96.14 96.15 96.16 96.17 96.18 96.19 96.20 96.21 96.22 96.23 96.24 96.25 96.26 96.27
96.28 96.29 96.30 96.31 96.32 97.1 97.2 97.3 97.4 97.5 97.6 97.7 97.8 97.9 97.10 97.11 97.12 97.13 97.14 97.15
97.16 97.17 97.18 97.19
97.20 97.21 97.22 97.23 97.24 97.25 97.26 97.27 97.28 97.29 97.30 97.31 97.32 98.1 98.2 98.3 98.4 98.5 98.6 98.7 98.8 98.9 98.10 98.11 98.12 98.13 98.14
98.15 98.16 98.17 98.18 98.19 98.20 98.21 98.22 98.23 98.24 98.25 98.26 98.27 98.28 98.29 98.30 98.31
99.1 99.2 99.3 99.4 99.5 99.6 99.7 99.8 99.9 99.10 99.11 99.12 99.13 99.14 99.15 99.16 99.17 99.18 99.19 99.20 99.21 99.22 99.23 99.24 99.25 99.26
99.27 99.28 99.29 99.30 99.31 99.32 99.33 99.34 99.35 100.1 100.2 100.3 100.4
100.5 100.6 100.7 100.8 100.9 100.10 100.11 100.12 100.13 100.14 100.15 100.16 100.17 100.18 100.19 100.20 100.21 100.22 100.23 100.24 100.25 100.26 100.27 100.28 100.29 100.30 100.31 100.32 100.33 100.34 101.1 101.2 101.3 101.4 101.5 101.6 101.7 101.8
101.9 101.10 101.11 101.12 101.13 101.14 101.15 101.16 101.17 101.18 101.19 101.20 101.21 101.22 101.23 101.24 101.25 101.26 101.27 101.28 101.29 101.30 101.31 101.32 101.33 101.34 102.1 102.2 102.3 102.4 102.5 102.6 102.7 102.8 102.9 102.10 102.11 102.12 102.13 102.14
102.15 102.16 102.17 102.18 102.19 102.20 102.21 102.22 102.23 102.24 102.25 102.26 102.27 102.28 102.29 102.30 102.31 102.32
103.1 103.2 103.3 103.4 103.5 103.6 103.7 103.8 103.9 103.10 103.11 103.12 103.13 103.14 103.15
103.16 103.17 103.18 103.19 103.20 103.21 103.22 103.23 103.24 103.25 103.26 103.27
103.28 103.29 103.30 103.31 103.32 104.1 104.2 104.3 104.4 104.5 104.6
104.7 104.8 104.9
104.10 104.11 104.12 104.13 104.14 104.15 104.16
104.17 104.18 104.19 104.20 104.21 104.22 104.23 104.24 104.25 104.26 104.27 104.28 104.29 104.30 104.31 105.1 105.2
105.3 105.4 105.5 105.6 105.7 105.8 105.9 105.10 105.11 105.12 105.13 105.14 105.15 105.16 105.17 105.18
105.19 105.20 105.21 105.22 105.23 105.24 105.25 105.26 105.27 105.28 105.29 105.30 105.31 105.32 106.1 106.2 106.3 106.4 106.5 106.6
106.7 106.8 106.9 106.10 106.11 106.12 106.13 106.14 106.15 106.16 106.17
106.18 106.19 106.20 106.21 106.22 106.23 106.24 106.25 106.26 106.27 106.28
106.29 106.30 106.31 107.1 107.2 107.3 107.4 107.5 107.6 107.7 107.8 107.9 107.10 107.11 107.12 107.13 107.14 107.15 107.16 107.17 107.18 107.19 107.20 107.21 107.22
107.23 107.24 107.25 107.26 107.27 107.28 107.29 107.30 107.31 107.32 107.33 108.1 108.2 108.3
108.4 108.5 108.6 108.7 108.8 108.9 108.10 108.11 108.12
108.13 108.14 108.15 108.16 108.17 108.18 108.19 108.20 108.21 108.22 108.23 108.24 108.25 108.26 108.27 108.28 108.29 108.30 108.31 109.1 109.2 109.3
109.4 109.5 109.6 109.7 109.8 109.9 109.10 109.11 109.12 109.13 109.14 109.15 109.16 109.17 109.18 109.19 109.20 109.21 109.22 109.23 109.24 109.25 109.26 109.27 109.28 109.29 109.30 109.31 109.32 110.1 110.2 110.3 110.4 110.5 110.6 110.7 110.8 110.9 110.10 110.11 110.12 110.13 110.14 110.15 110.16 110.17 110.18 110.19 110.20 110.21 110.22 110.23 110.24 110.25 110.26 110.27 110.28 110.29 110.30 110.31 110.32 110.33
111.1 111.2
111.3 111.4 111.5 111.6 111.7 111.8 111.9 111.10 111.11 111.12 111.13 111.14 111.15
111.16 111.17 111.18 111.19 111.20 111.21 111.22 111.23 111.24
111.25 111.26 111.27 111.28 111.29 111.30 111.31 112.1 112.2 112.3 112.4 112.5 112.6 112.7 112.8 112.9 112.10 112.11 112.12 112.13 112.14 112.15 112.16 112.17 112.18 112.19 112.20 112.21 112.22 112.23 112.24
112.25 112.26 112.27 112.28 112.29 112.30 112.31 112.32 112.33 113.1 113.2 113.3 113.4 113.5 113.6 113.7 113.8 113.9 113.10 113.11 113.12 113.13 113.14 113.15 113.16 113.17 113.18
113.19 113.20
113.21 113.22 113.23 113.24 113.25 113.26 113.27 113.28 113.29 113.30 113.31
114.1 114.2 114.3 114.4 114.5 114.6 114.7 114.8 114.9 114.10 114.11 114.12 114.13 114.14 114.15 114.16 114.17 114.18 114.19 114.20 114.21 114.22 114.23 114.24 114.25 114.26 114.27 114.28 115.1 115.2 115.3 115.4 115.5 115.6 115.7 115.8 115.9
115.10 115.11 115.12 115.13 115.14 115.15 115.16 115.17 115.18 115.19 115.20 115.21 115.22 115.23 115.24 115.25 115.26 115.27 115.28 115.29 115.30 115.31 116.1 116.2 116.3 116.4 116.5 116.6
116.7 116.8 116.9 116.10 116.11 116.12 116.13 116.14 116.15 116.16 116.17 116.18 116.19 116.20
116.21 116.22 116.23 116.24 116.25
116.26 116.27 116.28
117.1 117.2 117.3 117.4 117.5
117.6 117.7 117.8 117.9
117.10 117.11 117.12 117.13
117.14 117.15 117.16 117.17 117.18 117.19 117.20 117.21 117.22 117.23 117.24 117.25 117.26 117.27 117.28
118.1 118.2 118.3 118.4 118.5 118.6 118.7 118.8 118.9 118.10 118.11 118.12 118.13 118.14 118.15 118.16 118.17 118.18 118.19 118.20 118.21 118.22 118.23 118.24 118.25 118.26 118.27 118.28 118.29 118.30 118.31 118.32 119.1 119.2 119.3 119.4 119.5 119.6 119.7 119.8 119.9 119.10 119.11 119.12 119.13 119.14 119.15 119.16 119.17 119.18 119.19 119.20 119.21 119.22 119.23 119.24 119.25 119.26 119.27 119.28 119.29 119.30 119.31 120.1 120.2 120.3 120.4 120.5 120.6 120.7 120.8 120.9 120.10 120.11 120.12 120.13 120.14 120.15 120.16 120.17 120.18 120.19 120.20 120.21 120.22 120.23 120.24 120.25 120.26 120.27 120.28 120.29 120.30 120.31 120.32 121.1 121.2
121.3 121.4 121.5 121.6 121.7 121.8 121.9 121.10 121.11 121.12 121.13 121.14 121.15 121.16
121.17 121.18 121.19 121.20 121.21 121.22 121.23 121.24 121.25 121.26 121.27 121.28 121.29 121.30 121.31
122.1 122.2 122.3 122.4 122.5 122.6 122.7 122.8 122.9 122.10 122.11 122.12 122.13 122.14 122.15 122.16 122.17 122.18 122.19 122.20 122.21 122.22 122.23 122.24 122.25 122.26 122.27 122.28 122.29 122.30 122.31 122.32 123.1 123.2 123.3 123.4 123.5 123.6 123.7 123.8 123.9 123.10 123.11 123.12 123.13 123.14 123.15 123.16 123.17
123.18 123.19 123.20 123.21 123.22 123.23 123.24 123.25 123.26 123.27 123.28 123.29 123.30 123.31 123.32 123.33 124.1 124.2 124.3 124.4 124.5
124.6 124.7 124.8 124.9 124.10 124.11 124.12 124.13 124.14 124.15 124.16 124.17 124.18 124.19 124.20 124.21 124.22
124.23 124.24 124.25 124.26 124.27 124.28 124.29 124.30 124.31 125.1 125.2 125.3 125.4 125.5 125.6 125.7 125.8 125.9 125.10 125.11 125.12 125.13 125.14 125.15 125.16 125.17
125.18
125.19 125.20 125.21 125.22 125.23
125.24
125.25 125.26 125.27 125.28 125.29 125.30 125.31 126.1 126.2
126.3
126.4 126.5 126.6 126.7
126.8
126.9 126.10 126.11 126.12 126.13 126.14 126.15
126.16
126.17 126.18 126.19 126.20 126.21 126.22 126.23 126.24 126.25 126.26 126.27 126.28 127.1 127.2 127.3 127.4 127.5 127.6 127.7 127.8 127.9 127.10 127.11 127.12 127.13 127.14 127.15 127.16 127.17 127.18 127.19 127.20 127.21 127.22 127.23 127.24 127.25 127.26 127.27 127.28 128.1 128.2 128.3 128.4 128.5 128.6 128.7 128.8 128.9 128.10 128.11 128.12 128.13 128.14 128.15 128.16
128.17
128.18 128.19 128.20 128.21
128.22
128.23 128.24 128.25 128.26 128.27
128.28
129.1 129.2 129.3 129.4
129.5
129.6 129.7 129.8 129.9 129.10 129.11 129.12 129.13 129.14 129.15 129.16 129.17 129.18 129.19 129.20 129.21 129.22 129.23 129.24 129.25 129.26
129.27
129.28 129.29 129.30 129.31 129.32
130.1
130.2 130.3 130.4 130.5 130.6 130.7 130.8 130.9 130.10 130.11 130.12 130.13 130.14 130.15 130.16 130.17 130.18 130.19 130.20 130.21 130.22 130.23 130.24 130.25 130.26 130.27 130.28 130.29 130.30 130.31
131.1 131.2 131.3 131.4 131.5 131.6
131.7 131.8 131.9 131.10 131.11
131.12
131.13 131.14 131.15 131.16 131.17 131.18 131.19 131.20 131.21 131.22 131.23 131.24 131.25 131.26 131.27 131.28 131.29 131.30 132.1 132.2 132.3 132.4 132.5 132.6
132.7
132.8 132.9 132.10 132.11 132.12 132.13 132.14
132.15
132.16 132.17 132.18 132.19 132.20 132.21 132.22 132.23 132.24
132.25 132.26 132.27 132.28 132.29 132.30 132.31 133.1
133.2 133.3 133.4
133.5 133.6 133.7
A bill for an act
relating to state government; appropriating money for certain government agencies;
allowing certain contracts; determining acceptance of certain collateral by the
executive council; designating Juneteenth; defining certain terms; specifying
emergency management provisions; modifying data practices provisions; amending
provisions of the Legislative Salary Council; changing the revolving fund for
services rate and statewide systems services; providing changes to state budget
and finance sections; moving the Office of Collaborations and Dispute Resolution
under the Department of Administration; establishing the Office of Enterprise
Translations; creating the language access service account; changing provisions
for grant administration, solicitation process, affirmative action measures,
technology accessibility standards, hiring processes, salary differential benefits,
supported work practices, deposit and investment of local public funds, Minnesota
State Colleges and Universities, burial grounds, manufactured homes, managed
natural landscapes, military salary differential, Mississippi River Parkway
Commission, campaign finance and elections, barbering, and cosmetology; creating
certain separation and retention incentive programs; requiring an Office of Small
Agency study; establishing State Emblems Redesign Commission, Legislative
Task Force on Aging, and Advisory Committee on Service Worker Standards;
requiring reports; setting certain fees; amending Minnesota Statutes 2020, sections
3.303, subdivision 6; 5B.06; 9.031, subdivision 3; 10.55; 10A.273, subdivision 1;
12.03, by adding subdivisions; 12.21, subdivision 2; 12.31, subdivision 2; 12.35,
subdivision 4; 12.36; 13.04, subdivision 4; 13.072, subdivision 1; 15A.0825,
subdivisions 1, 2, 3; 16A.126, subdivision 1; 16A.1286, subdivision 2; 16A.15,
subdivision 3; 16B.33, subdivisions 1, 3, 3a, by adding a subdivision; 16B.98, by
adding a subdivision; 16C.10, subdivision 2; 16C.32, subdivision 1; 43A.01,
subdivision 2; 43A.02, by adding subdivisions; 43A.04, subdivisions 1a, 4, 7;
43A.09; 43A.10, subdivisions 2a, 7; 43A.14; 43A.15, subdivision 14, by adding
a subdivision; 43A.183, subdivisions 1, 2; 43A.19, subdivision 1; 43A.191; 43A.21,
subdivisions 1, 2, 3, by adding a subdivision; 43A.36, subdivision 1; 43A.421;
82.75, subdivision 8; 118A.09, subdivisions 1, 2; 136F.02, subdivision 1; 138.081,
subdivision 3; 138.665, subdivision 2; 154.001, subdivision 2; 154.003; 154.01;
154.02, subdivisions 1, 4, 5, by adding subdivisions; 154.05; 154.07, subdivision
1; 154.08; 154.09; 154.11, subdivision 1, by adding a subdivision; 155A.20;
155A.23, subdivisions 8, 11, 18, by adding a subdivision; 155A.25, subdivision
1a; 155A.27, subdivisions 1, 5a, 6, 10, by adding a subdivision; 155A.271,
subdivision 1; 155A.29, subdivision 1; 155A.30, subdivisions 2, 3, 4, 11; 161.1419,
subdivision 2; 201.061, subdivision 3; 201.071, subdivisions 1, 3, 8; 201.091,
subdivision 2; 201.12, subdivision 2; 201.13, subdivision 3; 201.1611, subdivision
1; 202A.16, subdivision 1; 203B.01, by adding a subdivision; 203B.02, by adding
a subdivision; 203B.07, subdivisions 1, 2, 3; 203B.081, subdivisions 1, 2, 3;
203B.11, subdivision 1; 203B.121, subdivision 3; 203B.16, subdivision 2; 203B.21,
subdivisions 1, 3; 203B.23, subdivision 2; 203B.28; 204B.06, subdivision 4a;
204B.09, subdivision 1; 204B.13, by adding a subdivision; 204B.19, subdivision
6; 204B.21, subdivision 2; 204B.45, subdivisions 1, 2; 204B.46; 204C.15,
subdivision 1; 204C.33, subdivision 3; 204D.19, subdivision 2; 204D.22,
subdivision 3; 204D.23, subdivision 2; 205.13, subdivision 5; 205A.10, subdivision
5; 205A.12, subdivision 5; 207A.12; 209.021, subdivision 2; 211B.04, subdivisions
2, 3, by adding a subdivision; 211B.11, subdivision 1; 211B.32, subdivision 1;
307.08, as amended; 327C.095, subdivisions 12, 13, 16; 367.03, subdivision 6;
447.32, subdivision 4; 645.44, subdivision 5; Minnesota Statutes 2021 Supplement,
sections 10A.01, subdivision 16a; 201.225, subdivision 2; 203B.082, subdivision
2, by adding a subdivision; 203B.121, subdivisions 2, 4; 203B.24, subdivision 1;
204B.09, subdivision 3; 204B.16, subdivision 1; 207A.13, subdivision 2; Laws
2021, First Special Session chapter 12, article 1, section 11, subdivision 4;
proposing coding for new law in Minnesota Statutes, chapters 16B; 16E; 43A;
118A; 154; 211B; 412; repealing Minnesota Statutes 2020, sections 1.135; 1.141;
12.03, subdivision 5d; 136F.03; 179.90; 179.91; Minnesota Rules, parts 2100.2500;
2100.2600; 2100.2900; 2100.3000; 2100.3200.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
STATE GOVERNMENT APPROPRIATIONS
Section 1. new text begin STATE GOVERNMENT APPROPRIATIONS.
|
new text begin
The sums shown in the columns marked "Appropriations" are added to or, if shown in
parentheses, subtracted from the appropriations in Laws 2021, First Special Session chapter
12, article 1, 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 designations "2022" or "the first year" and "2023" or "the
second year" 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. All base adjustments
identified within this article are adjustments to the base contained in Laws 2021, First Special
Session chapter 12, article 1.
new text end
|
new text begin
APPROPRIATIONS new text end |
||||||
|
new text begin
Available for the Year new text end |
||||||
|
new text begin
Ending June 30 new text end |
||||||
|
new text begin
2022 new text end |
new text begin
2023 new text end |
|||||
Sec. 2. new text begin LEGISLATURE
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
....... new text end |
new text begin
$ new text end |
new text begin
16,874,000 new text end |
||
new text begin
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
House of Representatives
|
new text begin
....... new text end |
new text begin
1,400,000 new text end |
||||
new text begin
The base for this appropriation is $1,393,000
in fiscal year 2024 and thereafter.
new text end
new text begin Subd. 3. new text end
new text begin
Legislative Coordinating Commission
|
new text begin
....... new text end |
new text begin
15,474,000 new text end |
||||
new text begin
$252,000 the second year is for translation
services. This base for this appropriation is
$230,000 in fiscal year 2024 and thereafter.
new text end
new text begin
$138,000 the second year is for the Legislative
Task Force on Aging. The base for this
appropriation is $140,000 in fiscal year 2024
and thereafter, until the task force expires.
new text end
new text begin
new text begin Legislative Auditor.new text end $342,000 the second
year is for the Office of the Legislative
Auditor.
new text end
new text begin
new text begin Revisor of Statutes.new text end $14,277,000 the second
year is for the Office of the Revisor of
Statutes. Of this amount, $14,000,000 is a
onetime appropriation for replacement of the
bill and administrative rules drafting system.
This appropriation is available until spent.
new text end
new text begin
new text begin Legislative Reference Library.new text end $70,000 the
second year is for the Legislative Reference
Library.
new text end
new text begin
new text begin Legislative Budget Office.new text end $92,000 the
second year is for the Legislative Budget
Office.
new text end
Sec. 3. new text begin ATTORNEY GENERAL
|
new text begin
$ new text end |
new text begin
....... new text end |
new text begin
$ new text end |
new text begin
2,335,000 new text end |
||
new text begin
The base for this appropriation is $2,335,000
in fiscal year 2024 and thereafter.
new text end
Sec. 4. new text begin SECRETARY OF STATE
|
new text begin
$ new text end |
new text begin
....... new text end |
new text begin
$ new text end |
new text begin
310,000 new text end |
||
Sec. 5. new text begin CAMPAIGN FINANCE AND PUBLIC
|
new text begin
$ new text end |
new text begin
....... new text end |
new text begin
$ new text end |
new text begin
5,000 new text end |
||
new text begin
This is a onetime appropriation.
new text end
Sec. 6. new text begin MINNESOTA IT SERVICES
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
3,409,000 new text end |
new text begin
$ new text end |
new text begin
32,376,000 new text end |
||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
2022 new text end |
new text begin
2023 new text end |
|
|
new text begin
General new text end |
new text begin
3,409,000 new text end |
new text begin
32,226,000 new text end |
|
new text begin
Special Revenue new text end |
new text begin
....... new text end |
new text begin
150,000 new text end |
new text begin
The general fund base for this appropriation
is $20,409,000 in fiscal year 2024 and
$6,725,000 in fiscal year 2025 and thereafter.
new text end
new text begin
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
Cybersecurity Grant Program
|
new text begin
359,000 new text end |
new text begin
1,435,000 new text end |
||||
new text begin
$359,000 the first year and $1,435,000 the
second year are for a cybersecurity
improvement grant program for political
subdivisions and Minnesota Tribal
governments, as established in Minnesota
Statutes, section 16E.35. The base for this
program is $1,614,000 in fiscal year 2024 and
$717,000 in fiscal year 2025.
new text end
new text begin Subd. 3. new text end
new text begin
Cloud-Based Services
|
new text begin
2,800,000 new text end |
new text begin
9,600,000 new text end |
||||
new text begin
$2,800,000 the first year and $9,600,000 the
second year are for supporting the
procurement and adoption of cloud-based
services. The base for this program is
$2,100,000 in fiscal year 2024 and $0 in fiscal
year 2025.
new text end
new text begin Subd. 4. new text end
new text begin
Executive Branch Technology
|
new text begin
250,000 new text end |
new text begin
10,000,000 new text end |
||||
new text begin
$250,000 the first year and $10,000,000 the
second year are for the modernization of
executive branch software applications and
services. These appropriations are available
until June 30, 2025. The base for this program
is $7,500,000 in fiscal year 2024 and
$2,125,000 in fiscal year 2025.
new text end
new text begin Subd. 5. new text end
new text begin
Accessibility Assessment
|
new text begin
....... new text end |
new text begin
256,000 new text end |
||||
new text begin
$256,000 the second year is for conducting an
accessibility assessment of digital service
applications for compatibility of those
applications with accessibility best practices.
The base for this program is $260,000 in fiscal
year 2024 and $133,000 in fiscal year 2025.
new text end
new text begin Subd. 6. new text end
new text begin
Interagency Innovation Fund
|
new text begin
....... new text end |
new text begin
750,000 new text end |
||||
new text begin
$750,000 the second year is for creating an
interagency innovation fund to center the
priorities of families and children across
agency priorities and to deliver agile
technology solutions necessary to improve
access to services and increase coordination
across multiple state agencies.
new text end
new text begin Subd. 7. new text end
new text begin
Technology Accessibility and Usability
|
new text begin
....... new text end |
new text begin
150,000 new text end |
||||
new text begin
$150,000 the second year is from the
telecommunications access Minnesota fund
account in the special revenue fund for
coordinating technology accessibility and
usability.
new text end
new text begin Subd. 8. new text end
new text begin
Advanced Cybersecurity Tools
|
new text begin
....... new text end |
new text begin
10,185,000 new text end |
||||
new text begin
$10,185,000 the second year is for advanced
cybersecurity tools and modern identity access
management solutions. This appropriation is
available until June 30, 2025. The base for this
program is $8,185,000 in fiscal year 2024 and
$3,000,000 in fiscal year 2025.
new text end
Sec. 7. new text begin ADMINISTRATION
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
953,000 new text end |
new text begin
$ new text end |
new text begin
9,754,000 new text end |
||
new text begin
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
Government and Citizen Services
|
new text begin
953,000 new text end |
new text begin
6,981,000 new text end |
||||
new text begin
The base is $2,257,000 in fiscal year 2024 and
$2,007,000 in fiscal year 2025.
new text end
new text begin
The commissioner shall transfer $250,000
each year, starting in fiscal year 2023, to the
language access service account in the special
revenue fund, established in Minnesota
Statutes, section 16B.3721.
new text end
new text begin
Procurement Technical Assistance Center.
$400,000 the second year is for the
Procurement Technical Assistance Center.
new text end
new text begin
Disparity Study. $1,500,000 the second year
is to conduct a disparity study required under
Minnesota Statutes, section 16C.16,
subdivision 5. This is a onetime appropriation.
new text end
new text begin
Enterprise Fleet Fund. $630,000 the second
year is to address revenue loss in the motor
pool revolving account. This is a onetime
appropriation and is available until June 30,
2025. Each fiscal year the commissioner may
transfer to the motor pool revolving account,
as authorized in Minnesota Statutes, section
16B.54, an amount necessary to continue
operations of the enterprise fleet. This
paragraph expires June 30, 2025.
new text end
new text begin
Office of Small Agencies Study. $102,500
in fiscal year 2023 is to complete the Office
of Small Agencies study required in article 2.
This is a onetime appropriation.
new text end
new text begin
Office of Enterprise Translations. $556,000
the second year is to establish the Office of
Enterprise Translations as required by
Minnesota Statutes, section 16B.372. Of this
amount, $147,000 is a onetime appropriation.
new text end
new text begin
Office of Collaboration and Dispute
Resolution. $150,000 the second year is for
the Office of Collaboration and Dispute
Resolution.
new text end
new text begin
new text begin COVID Workers' Compensation Costs
Related to Chapter 32.new text end $953,000 the first
year and $1,594,000 the second year are for
covering agency costs related to extending the
workplace presumption of COVID workers'
compensation claims from February 22, 2022,
through January 14, 2023. The base for this
program is $450,000 in fiscal year 2024 and
$200,000 in fiscal year 2025.
new text end
new text begin
new text begin COVID Workers' Compensation Costs.new text end
$1,000,000 in fiscal year 2023 is for covering
agency costs related to workers' compensation
claims incurred prior to March 4, 2021. This
is a onetime appropriation.
new text end
new text begin Subd. 3. new text end
new text begin
Fiscal Agent
|
new text begin
....... new text end |
new text begin
2,773,000 new text end |
||||
new text begin
new text begin Association of Minnesota Public
Educational Radio Stations.new text end $773,000 the
second year is for a grant to the Association
of Minnesota Public Educational Radio
Stations to provide new programs in
community radio. Of this amount, up to
$23,000 is for the administration of the grant.
This is a onetime appropriation and is
available until June 30, 2024.
new text end
new text begin
new text begin Minnesota Public Television.new text end $2,000,000 in
fiscal year 2023 is for block grants to public
television stations under Minnesota Statutes,
section 129D.13. This is a onetime
appropriation and is available until June 30,
2024.
new text end
Sec. 8. new text begin MINNESOTA MANAGEMENT AND
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
....... new text end |
new text begin
$ new text end |
new text begin
8,992,000 new text end |
||
new text begin
The base is $10,773,000 in fiscal year 2024
and $9,742,000 in fiscal year 2025.
new text end
new text begin
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
Statewide Systems Services
|
new text begin
........ new text end |
new text begin
7,285,000 new text end |
||||
new text begin
$7,285,000 the second year is for statewide
systems services. This appropriation is
available until June 30, 2025. The base for this
appropriation is $8,956,000 in fiscal year
2024, $7,925,000 in fiscal year 2025, and $0
in fiscal year 2026 and thereafter.
new text end
new text begin Subd. 3. new text end
new text begin
Children's Cabinet
|
new text begin
....... new text end |
new text begin
1,000,000 new text end |
||||
new text begin
$1,000,000 the second year is for the
administration and staffing of the Children's
Cabinet established in Minnesota Statutes,
section 4.045.
new text end
new text begin Subd. 4. new text end
new text begin
Analytical, Statistical, and Program
|
new text begin
....... new text end |
new text begin
300,000 new text end |
||||
new text begin
$300,000 the second year is for analytical,
statistical, and program evaluation as provided
under Minnesota Statutes, section 16A.055,
subdivision 1a. The base for this appropriation
is $450,000 in fiscal year 2024 and thereafter.
new text end
new text begin Subd. 5. new text end
new text begin
State Employment and Retention of
|
new text begin
....... new text end |
new text begin
93,000 new text end |
||||
new text begin
$93,000 the second year is for implementation
of the recommendations of the Advisory Task
Force on State Employment and Retention of
Employees with Disabilities. The base for this
appropriation is $53,000 in fiscal year 2024
and thereafter.
new text end
new text begin Subd. 6. new text end
new text begin
State Capital Budget Outreach and
|
new text begin
....... new text end |
new text begin
314,000 new text end |
||||
new text begin
$314,000 the second year is for technical
assistance to communities and nonprofits that
have traditionally not participated in the state
capital budgeting process.
new text end
Sec. 9. new text begin MINNESOTA HISTORICAL SOCIETY
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
....... new text end |
new text begin
$ new text end |
new text begin
1,282,000 new text end |
||
new text begin
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
Operations and Programs
|
new text begin
....... new text end |
new text begin
1,282,000 new text end |
||||
new text begin
$750,000 the second year is for operations
support for reopening statewide historical
sites. This is a onetime appropriation.
new text end
new text begin
$32,000 the second year is for the State
Emblems Redesign Commission. This is a
onetime appropriation.
new text end
new text begin
The base for this appropriation is $500,000 in
fiscal year 2024 and thereafter.
new text end
Sec. 10. new text begin MINNESOTA HUMANITIES
|
new text begin
$ new text end |
new text begin
....... new text end |
new text begin
$ new text end |
new text begin
22,000 new text end |
||
Sec. 11. new text begin BOARD OF ACCOUNTANCY
|
new text begin
$ new text end |
new text begin
....... new text end |
new text begin
$ new text end |
new text begin
120,000 new text end |
||
Sec. 12. new text begin BOARD OF COSMETOLOGIST
|
new text begin
$ new text end |
new text begin
....... new text end |
new text begin
$ new text end |
new text begin
20,000 new text end |
||
Sec. 13. new text begin BOARD OF BARBER EXAMINERS
|
new text begin
$ new text end |
new text begin
....... new text end |
new text begin
$ new text end |
new text begin
17,000 new text end |
||
new text begin
This is a onetime appropriation.
new text end
Sec. 14. new text begin HELP AMERICA VOTE ACT APPROPRIATIONS; STATE MATCH
REQUIREMENT.
new text end
new text begin
(a) The following amounts are appropriated to the secretary of state for the activities
authorized in paragraph (b):
new text end
new text begin
(1) $1,151,122 in fiscal year 2022 is appropriated from the Help America Vote Act
(HAVA) account established in Minnesota Statutes, section 5.30; and
new text end
new text begin
(2) $230,224 in fiscal year 2023 is appropriated from the general fund. This is a onetime
appropriation.
new text end
new text begin
(b) These appropriations may be used for the purposes of improving the administration
and security of elections as authorized by federal law, including but not limited to any of
the following activities:
new text end
new text begin
(1) modernizing, securing, and updating the statewide voter registration system and for
cybersecurity upgrades as authorized by federal law;
new text end
new text begin
(2) monitoring, updating, and securing election systems and the systems supporting
elections infrastructure;
new text end
new text begin
(3) monitoring and providing educational materials to combat election misinformation;
new text end
new text begin
(4) preparing training materials and training local election officials;
new text end
new text begin
(5) implementing physical security improvements for polling places, election workspaces,
and other spaces supporting the administration of elections; and
new text end
new text begin
(6) funding other activities to improve the security of elections.
new text end
new text begin
(c) 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.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 15.
Laws 2021, First Special Session chapter 12, article 1, section 11, subdivision 4,
is amended to read:
Subd. 4.Fiscal Agent
|
13,459,000 |
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) $492,000 each year is for
community service grants to public
educational radio stations. This appropriation
may be used to disseminate emergency
information in foreign languages.
(b) $142,000 each year is for equipment grants
to public educational radio stations. This
appropriation may be used for the repair,
rental, deleted text begin anddeleted text end purchasenew text begin , and upgradesnew text end of
equipmentnew text begin ,new text end including new text begin computer software,
applications, firmware, and new text end 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.
(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.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
ARTICLE 2
STATE GOVERNMENT POLICY
Section 1.
Minnesota Statutes 2020, section 3.303, subdivision 6, is amended to read:
Subd. 6.
Grants; staff; space; equipmentnew text begin ; contractsnew text end .
new text begin (a) new text end The commission may make
grants, employ an executive director and other staff, and obtain office space, equipment,
and supplies necessary to perform its duties.
new text begin
(b) The executive director may enter into contracts in compliance with section 3.225 to
provide necessary services and supplies for the house of representatives and the senate, and
for legislative commissions and joint legislative offices. A contract for professional or
technical services that is valued at more than $50,000 may be made only after the executive
director has consulted with the chair and vice-chair of the commission.
new text end
Sec. 2.
Minnesota Statutes 2020, section 9.031, subdivision 3, is amended to read:
Subd. 3.
Collateral.
(a) In lieu of the corporate bond required in subdivision 2, a
depository may deposit with the commissioner of management and budget collateral to
secure state funds that are to be deposited with it. The Executive Council must approve the
collateral.
(b) The Executive Council shall not approve any collateral except:
deleted text begin
(1) bonds and certificates of indebtedness, other than bonds secured by real estate, that
are legal investments for savings banks under any law of the state; and
deleted text end
deleted text begin
(2) bonds of any insular possession of the United States, of any state, or of any agency
deleted text end
deleted text begin
of this state, the payment of the principal and interest of which is provided for by other than
deleted text end
deleted text begin
direct taxation.
deleted text end
new text begin
(1) United States government treasury bills, treasury notes, and treasury bonds;
new text end
new text begin
(2) issues of United States government agencies and instrumentalities, as quoted by a
recognized industry quotation service available to the state;
new text end
new text begin
(3) general obligation securities of any state other than the state and its agencies or local
government with taxing powers that is rated "A" or better by a national bond rating service,
or revenue obligation securities of any state other than the state and its agencies or local
government with taxing powers which is rated "AA" or better by a national bond rating
service;
new text end
new text begin
(4) irrevocable standby letters of credit issued by Federal Home Loan Banks to the state
accompanied by written evidence that the bank's public debt is rated "AA" or better by
Moody's Investors Service, Inc., or Standard & Poor's Corporation; and
new text end
new text begin
(5) time deposits that are fully insured by any federal agency.
new text end
(c) The collateral deposited shall be accompanied by an assignment thereof to the state,
which assignment shall recite that:
(1) the depository will pay all the state funds deposited with it to the commissioner of
management and budget, free of exchange or other charge, at any place in this state
designated by the commissioner of management and budget; if the deposit is a time deposit
it shall be paid, together with interest, only when due; and
(2) in case of default by the depository the state may sell the collateral, or as much of it
as is necessary to realize the full amount due from the depository, and pay any surplus to
the depository or its assigns.
(d) Upon the direction of the Executive Council, the commissioner of management and
budget, on behalf of the state, may reassign in writing to the depository any registered
collateral pledged to the state by assignment thereon.
(e) A depository may deposit collateral of less value than the total designation and may,
at any time during the period of its designation, deposit additional collateral, withdraw
excess collateral, and substitute other collateral for all or part of that on deposit. Approval
of the Executive Council is not necessary for the withdrawal of excess collateral.
(f) If the depository is not in default the commissioner of management and budget shall
pay the interest collected on the deposited collateral to the depository.
new text begin
(g) In lieu of depositing collateral with the commissioner of management and budget,
collateral may also be placed in safekeeping in a restricted account at a Federal Reserve
bank or in an account at a trust department of a commercial bank or other financial institution
that is not owned or controlled by the financial institution furnishing the collateral. The
selection shall be approved by the commissioner.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 3.
Minnesota Statutes 2020, section 10.55, is amended to read:
10.55 JUNETEENTH.
(a) deleted text begin The third Saturday indeleted text end Junenew text begin 19 of each yearnew text end is designated Juneteenth in recognition
of the historical pronouncement of the abolition of slavery on June 19, 1865, when the
Emancipation Proclamation was said to have been first publicly read in Texas by Union
soldiers led by General Granger. The announcement came 2-1/2 years after President
Abraham Lincoln's Emancipation Proclamation and two months after General Lee's surrender
in April 1865. Juneteenth and emancipation celebrations have been commonplace in
Minnesota since 1889 as a result of community-based grassroots efforts.
(b) Each year the governor shall issue a proclamation honoring this observance and
recognizing the important contributions African-Americans have made to Minnesota's
communities, culture, and economy. The governor may also take any additional action
necessary to promote and encourage the observance of Juneteenth and public schools may
offer instruction and programs on the occasion.
Sec. 4.
Minnesota Statutes 2020, section 12.03, is amended by adding a subdivision to
read:
new text begin Subd. 5e. new text end
new text begin
Information and telecommunications technology systems and
services.
new text end
new text begin
"Information and telecommunications technology systems and services" has the
meaning given in section 16E.03, subdivision 1, paragraph (b).
new text end
Sec. 5.
Minnesota Statutes 2020, section 12.03, is amended by adding a subdivision to
read:
new text begin Subd. 5f. new text end
new text begin Local government. new text end
new text begin
"Local government" has the meaning given in Code of
Federal Regulations, title 44, section 206.2 (2012).
new text end
Sec. 6.
Minnesota Statutes 2020, section 12.03, is amended by adding a subdivision to
read:
new text begin Subd. 5g. new text end
new text begin Cyber attack. new text end
new text begin
"Cyber attack" means the use of unauthorized or malicious
code on an information system, or the use of another digital mechanism such as a denial of
service or ransomware attack, to interrupt or disrupt the operations of an information system
or compromise the confidentiality, availability, or integrity of electronic data stored on,
processed by, or transiting an information system.
new text end
Sec. 7.
Minnesota Statutes 2020, section 12.21, subdivision 2, is amended to read:
Subd. 2.
Cooperation.
In performing duties under this chapter, the governor may
cooperate with the federal government, with other states, with Canadian provinces, and with
private agencies, in all matters pertaining to the emergency management of this state and
of the nationnew text begin , including but not limited to a physical or electronic attack on the state's
information and telecommunications technology infrastructure, systems, or servicesnew text end .
Sec. 8.
Minnesota Statutes 2020, section 12.31, subdivision 2, is amended to read:
Subd. 2.
Declaration of peacetime emergency.
(a) The governor may declare a
peacetime emergency. A peacetime declaration of emergency may be declared only when
new text begin any of the following endangers life and property and local government resources are
inadequate to handle the situation:
new text end
new text begin (1) new text end an act of naturedeleted text begin ,deleted text end new text begin ;
new text end
new text begin (2)new text end a technological failure or malfunctiondeleted text begin ,deleted text end new text begin ;
new text end
new text begin (3)new text end a terrorist incidentdeleted text begin ,deleted text end new text begin ;
new text end
new text begin
(4) a cyber attack, including a physical or electronic attack on the state's information
and telecommunications technology infrastructure, systems, or services;
new text end
new text begin (5)new text end an industrial accidentdeleted text begin ,deleted text end new text begin ;
new text end
new text begin (6)new text end a hazardous materials accidentdeleted text begin ,deleted text end new text begin ;new text end or
new text begin (7)new text end a civil disturbance deleted text begin endangers life and property and local government resources are
inadequate to handle the situationdeleted text end .
If the peacetime emergency occurs on Indian lands, the governor or state director of
emergency management shall consult with tribal authorities before the governor makes such
a declaration. Nothing in this section shall be construed to limit the governor's authority to
act without such consultation when the situation calls for prompt and timely action. When
the governor declares a peacetime emergency, the governor must immediately notify the
majority and minority leaders of the senate and the speaker and majority and minority leaders
of the house of representatives. A peacetime emergency must not be continued for more
than five days unless extended by resolution of the Executive Council up to 30 days. An
order, or proclamation declaring, continuing, or terminating an emergency must be given
prompt and general publicity and filed with the secretary of state.
(b) By majority vote of each house of the legislature, the legislature may terminate a
peacetime emergency extending beyond 30 days. If the governor determines a need to extend
the peacetime emergency declaration beyond 30 days and the legislature is not sitting in
session, the governor must issue a call immediately convening both houses of the legislature.
Nothing in this section limits the governor's authority over or command of the National
Guard as described in the Military Code, chapters 190 to 192A, and required by the
Minnesota Constitution, article V, section 3.
Sec. 9.
Minnesota Statutes 2020, section 12.35, subdivision 4, is amended to read:
Subd. 4.
Reimbursement of other state.
When emergency management personnel of
another state render aid in Minnesotanew text begin , including but not limited to aid provided from outside
Minnesota to assist with the response to a physical or electronic attack on the state's
information and telecommunications technology infrastructure, systems, or services,new text end pursuant
to the orders of the governor of its home state, and upon the request of the governor of
Minnesota, this state shall reimburse the other state for (1) the compensation paid and actual
and necessary travel, subsistence, and maintenance expenses of the personnel of the other
state while rendering aid as emergency management personnel, (2) all payments for death,
disability, or injury of those personnel incurred in the course of rendering that aid, and (3)
all losses of or damage to supplies and equipment of the other state, or a governmental
subdivision of the other state, resulting from the rendering of aid; provided, that the laws
of the other state contain provisions substantially similar to this section.
Sec. 10.
Minnesota Statutes 2020, section 12.36, is amended to read:
12.36 GOVERNOR'S POWERS TO FAST PROVIDE EMERGENCY AID.
(a) The governor, during an emergency or disaster and notwithstanding any other law,
may:
(1) enter into contracts and incur obligations necessary to combat the disaster by
protecting the health and safety of persons deleted text begin anddeleted text end new text begin ,new text end the safety of propertynew text begin , and the safety of the
state's information and telecommunications technology infrastructure, systems, or servicesnew text end
and by providing emergency assistance to the victims of the disaster; and
(2) exercise the powers vested by this subdivision in the light of the exigencies of the
disaster without compliance with time-consuming procedures and formalities prescribed
by law pertaining to:
(i) the performance of public work;
(ii) entering into contract;
(iii) incurring of obligations;
(iv) employment of temporary workers;
(v) rental of equipment;
(vi) purchase of supplies and materials, for example, but not limited to, publication of
calls for bids;
(vii) provisions of the Civil Service Act and rules;
(viii) provisions relating to low bids; and
(ix) requirements for the budgeting and allotment of funds.
(b) All contracts must be in writing, executed on behalf of the state by the governor or
a person delegated by the governor in writing so to do, and must be promptly filed with the
commissioner of management and budget, who shall forthwith encumber funds appropriated
for the purposes of the contract for the full contract liability and certify thereon that the
encumbrance has been made.
Sec. 11.
Minnesota Statutes 2020, section 13.04, subdivision 4, is amended to read:
Subd. 4.
Procedure when data is not accurate or complete.
(a) An individual subject
of the data may contest the accuracy or completeness of public or private datanew text begin about
themselvesnew text end .
new text begin (b)new text end To exercise this right, an individual shall notify in writing the responsible authority
new text begin of the government entity that maintains the data, new text end describing the nature of the disagreement.
new text begin (c) Upon receiving the notification from the data subject,new text end the responsible authority shall
within 30 days either:
(1) correct the data found to be inaccurate or incomplete and attempt to notify past
recipients of inaccurate or incomplete data, including recipients named by the individual;
or
(2) notify the individual that the authority believes the data to be correct. new text begin If the challenged
data are determined to be accurate or complete, the responsible authority shall inform the
individual of the right to appeal the determination under this section within 60 days to the
commissioner. new text end Data in dispute shall be disclosed only if the individual's statement of
disagreement is included with the disclosed data.
new text begin (d) A data subject may appeal new text end the determination of the responsible authority deleted text begin may be
appealeddeleted text end pursuant to the provisions of the Administrative Procedure Act relating to contested
cases. new text begin An individual must submit an appeal to the commissioner within 60 days of the
responsible authority's notice of the right to appeal or as otherwise provided by the rules of
the commissioner. new text end Upon receipt of an appeal by an individual, the commissioner shall,
before issuing the order and notice of a contested case hearing required by chapter 14, try
to resolve the dispute through education, conference, conciliation, or persuasion. If the
parties consent, the commissioner may refer the matter to mediation. Following these efforts,
the commissioner shall dismiss the appeal or issue the order and notice of hearing.
new text begin
(e) The commissioner may dismiss an appeal without first attempting to resolve the
dispute or before issuing an order and notice of a contested case hearing if:
new text end
new text begin
(1) an appeal to the commissioner is not timely;
new text end
new text begin
(2) an appeal concerns data previously admitted as evidence in a court proceeding in
which the data subject was a party; or
new text end
new text begin
(3) an individual is not the subject of the data challenged as inaccurate or incomplete.
new text end
deleted text begin (b)deleted text end new text begin (f)new text end Data on individuals that have been successfully challenged by an individual must
be completed, corrected, or destroyed by a government entity without regard to the
requirements of section 138.17.
new text begin (g) new text end After completing, correcting, or destroying successfully challenged data, a government
entity may retain a copy of the commissioner of administration's order issued under chapter
14 or, if no order were issued, a summary of the dispute between the parties that does not
contain any particulars of the successfully challenged data.
Sec. 12.
Minnesota Statutes 2020, section 13.072, subdivision 1, is amended to read:
Subdivision 1.
Opinion; when required.
(a) Upon request of a government entity, the
commissioner may give a written opinion on any question relating to public access to
government data, rights of subjects of data, or classification of data under this chapter or
other Minnesota statutes governing government data practices. Upon request of any person
who disagrees with a determination regarding data practices made by a government entity,
the commissioner may give a written opinion regarding the person's rights as a subject of
government data or right to have access to government data.
(b) Upon request of a body subject to chapter 13D, the commissioner may give a written
opinion on any question relating to the body's duties under chapter 13D. Upon request of a
person who disagrees with the manner in which members of a governing body perform their
duties under chapter 13D, the commissioner may give a written opinion on compliance with
chapter 13D. deleted text begin A governing body or person requesting an opinion under this paragraph must
pay the commissioner a fee of $200. Money received by the commissioner under this
paragraph is appropriated to the commissioner for the purposes of this section.
deleted text end
(c) If the commissioner determines that no opinion will be issued, the commissioner
shall give the government entity or body subject to chapter 13D or person requesting the
opinion notice of the decision not to issue the opinion within five business days of receipt
of the request. new text begin Notice must be in writing. For notice by mail, the decision not to issue an
opinion is effective when placed with the United States Postal Service or with the central
mail system of the state. new text end If this notice is not given, the commissioner shall issue an opinion
within deleted text begin 20deleted text end new text begin 50new text end days of receipt of the request.
(d) deleted text begin For good cause and upon written notice to the person requesting the opinion, the
commissioner may extend this deadline for one additional 30-day period. The notice must
state the reason for extending the deadline.deleted text end The government entity or the members of a body
subject to chapter 13D must be provided a reasonable opportunity to explain the reasons
for its decision regarding the data or how they perform their duties under chapter 13D. The
commissioner or the government entity or body subject to chapter 13D may choose to give
notice to the subject of the data concerning the dispute regarding the data or compliance
with chapter 13D.
(e) This section does not apply to a determination made by the commissioner of health
under section 13.3805, subdivision 1, paragraph (b), or 144.6581.
(f) A written, numbered, and published opinion issued by the attorney general shall take
precedence over an opinion issued by the commissioner under this section.
Sec. 13.
Minnesota Statutes 2020, section 15A.0825, subdivision 1, is amended to read:
Subdivision 1.
Membership.
(a) The Legislative Salary Council consists of the following
members:
(1) one person, who is not a judge, from each congressional district, appointed by the
chief justice of the supreme court; and
(2) one person from each congressional district, appointed by the governor.
(b) If Minnesota has an odd number of congressional districts, the governor and the chief
justice must each appoint an at-large member, in addition to a member from each
congressional district.
(c) One-half of the members appointed by the governor and one-half of the members
appointed by the chief justice must belong to the political party that has the most members
in the legislature. One-half of the members appointed by the governor and one-half of the
members appointed by the chief justice must belong to the political party that has the second
most members in the legislature.
(d) None of the members of the council may be:
(1) a current or former legislator, or the spouse of a current legislator;
(2) a current or former lobbyist registered under Minnesota law;
(3) a current employee of the legislature;
(4) a current or former judge; deleted text begin or
deleted text end
(5) a current or former governor, lieutenant governor, attorney general, secretary of state,
or state auditornew text begin ; or
new text end
new text begin (6) a current employee of an entity in the executive or judicial branchnew text end .
Sec. 14.
Minnesota Statutes 2020, section 15A.0825, subdivision 2, is amended to read:
Subd. 2.
Initial appointment; convening authority; first meetingnew text begin in odd-numbered
yearnew text end .
Appointing authorities must make their deleted text begin initialdeleted text end appointments deleted text begin by January 2, 2017deleted text end new text begin after
the first Monday in January and before January 15 in each odd-numbered yearnew text end . The governor
shall designate one member to convene and chair the first meeting of the council. The first
meeting must be before January deleted text begin 15, 2017deleted text end new text begin 25 of that yearnew text end . At its first meeting, the council
must elect a chair from among its members. deleted text begin Members that reside in an even-numbered
congressional district serve a first term ending January 15, 2019. Members residing in an
odd-numbered congressional district serve a first term ending January 15, 2021.
deleted text end
Sec. 15.
Minnesota Statutes 2020, section 15A.0825, subdivision 3, is amended to read:
Subd. 3.
Terms.
(a) Except deleted text begin for initial terms anddeleted text end for the first term following redistricting,
a term is four years or until new appointments are made after congressional redistricting as
provided in subdivision 4. Members may serve no more than two full terms or portions of
two consecutive terms.
(b) If a member ceases to reside in the congressional district that the member resided in
at the time of appointment as a result of moving or redistricting, the appointing authority
who appointed the member must appoint a replacement who resides in the congressional
district to serve the unexpired term.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2023.
new text end
Sec. 16.
Minnesota Statutes 2020, section 16A.126, subdivision 1, is amended to read:
Subdivision 1.
Set rates.
The commissioner shall approve the rates an agency must pay
to a revolving fund for services. Funds subject to this subdivision include, but are not limited
to, the revolving funds established in sections 14.46; 14.53; 16B.2975, subdivision 4; 16B.48;
16B.54; 16B.58; 16B.85; 16E.14; 43A.55; and 176.591; deleted text begin anddeleted text end the fund established in section
43A.30new text begin ; and the account established in section 16A.1286new text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2024.
new text end
Sec. 17.
Minnesota Statutes 2020, section 16A.1286, subdivision 2, is amended to read:
Subd. 2.
Billing procedures.
The commissioner may bill deleted text begin up to $10,000,000 indeleted text end each
fiscal year for statewide systems services provided to state agenciesdeleted text begin , judicial branch agenciesdeleted text end new text begin
in the executive, judicial, and legislative branchesnew text end , deleted text begin the University of Minnesota,deleted text end the
Minnesota State Colleges and Universities, and other entities. Each agency shall transfer
from agency operating appropriations to the statewide systems account the amount billed
by the commissioner. deleted text begin Billing policies and procedures related to statewide systems services
must be developed by the commissioner in consultation with the commissioners of
management and budget and administration, the University of Minnesota, and the Minnesota
State Colleges and Universities.deleted text end new text begin The commissioner shall develop billing policies and
procedures.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 18.
Minnesota Statutes 2020, section 16A.15, subdivision 3, is amended to read:
Subd. 3.
Allotment and encumbrance.
(a) A payment may not be made without prior
obligation. An obligation may not be incurred against any fund, allotment, or appropriation
unless the commissioner has certified a sufficient unencumbered balance or the accounting
system shows sufficient allotment or encumbrance balance in the fund, allotment, or
appropriation to meet it. The commissioner shall determine when the accounting system
may be used to incur obligations without the commissioner's certification of a sufficient
unencumbered balance. An expenditure or obligation authorized or incurred in violation of
this chapter is invalid and ineligible for payment until made valid. A payment made in
violation of this chapter is illegal. An employee authorizing or making the payment, or
taking part in it, and a person receiving any part of the payment, are jointly and severally
liable to the state for the amount paid or received. If an employee knowingly incurs an
obligation or authorizes or makes an expenditure in violation of this chapter or takes part
in the violation, the violation is just cause for the employee's removal by the appointing
authority or by the governor if an appointing authority other than the governor fails to do
so. In the latter case, the governor shall give notice of the violation and an opportunity to
be heard on it to the employee and to the appointing authority. A claim presented against
an appropriation without prior allotment or encumbrance may be made valid on investigation,
review, and approval by the agency head in accordance with the commissioner's policy, if
the services, materials, or supplies to be paid for were actually furnished in good faith
without collusion and without intent to defraud. The commissioner may then pay the claim
just as properly allotted and encumbered claims are paid.
(b) The commissioner may approve payment for materials and supplies in excess of the
obligation amount when increases are authorized by section 16C.03, subdivision 3.
(c) To minimize potential construction delay claims, an agency with a project funded
by a building appropriation may allow anew text begin consultant ornew text end contractor to proceed with
supplemental work within the limits of the appropriation before money is encumbered.
Under this circumstance, the agency may requisition funds and allownew text begin consultants ornew text end
contractors to expeditiously proceed withnew text begin services ornew text end a construction sequence. While thenew text begin
consultant ornew text end contractor is proceeding, the agency shall immediately act to encumber the
required funds.
Sec. 19.
Minnesota Statutes 2020, section 16B.33, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
(a) As used in this section, the following terms have the
meanings given them:
(b) "Agency" has the meaning given in section 16B.01.
(c) "Architect" means an architect or landscape architect registered to practice under
sections 326.02 to 326.15.
(d) "Board" means the state Designer Selection Board.
(e) "Design-build" means the process of entering into and managing a single contract
between the commissioner and the design-builder in which the design-builder agrees to
both design and construct a project as specified in the contract at a guaranteed maximum
or a fixed price.
(f) "Design-builder" means a person who proposes to design and construct a project in
accordance with the requirements of section 16C.33.
(g) "Designer" means an architect or engineer, or a partnership, association, or corporation
comprised primarily of architects or engineers or of both architects and engineers.
(h) "Engineer" means an engineer registered to practice under sections 326.02 to 326.15.
(i) "Person" includes an individual, corporation, partnership, association, or any other
legal entity.
(j) "Primary designer" means the designer who is to have primary design responsibility
for a project, and does not include designers who are merely consulted by the user agency
and do not have substantial design responsibility, or designers who will or may be employed
or consulted by the primary designer.
(k) "Project" means an undertaking to construct, erect, or remodel a building by or for
the state or an agency.new text begin Capital projects exempt from the requirements of this section include
demolition or decommissioning of state assets; hazardous materials abatement; repair and
replacement of utility infrastructure, parking lots, and parking structures; security upgrades;
building systems replacement or repair, including alterations to building interiors needed
to accommodate the systems; and other asset preservation work not involving remodeling
of occupied space.
new text end
(l) "User agency" means the agency undertaking a specific project. For projects
undertaken by the state of Minnesota, "user agency" means the Department of Administration
or a state agency with an appropriate delegation to act on behalf of the Department of
Administration.
Sec. 20.
Minnesota Statutes 2020, section 16B.33, subdivision 3, is amended to read:
Subd. 3.
Agencies must request designer.
(a) Application. Upon undertaking a project
with an estimated cost greater than deleted text begin $2,000,000deleted text end new text begin $4,000,000new text end or a planning project with
estimated fees greater than deleted text begin $200,000deleted text end new text begin $400,000new text end , every user agency, except the Capitol Area
Architectural and Planning Board, shall submit a written request for a primary designer for
its project to the commissioner, who shall forward the request to the board. The University
of Minnesota and the Minnesota State Colleges and Universities shall follow the process
in subdivision 3a to select designers for their projects. The written request must include a
description of the project, the estimated cost of completing the project, a description of any
special requirements or unique features of the proposed project, and other information which
will assist the board in carrying out its duties and responsibilities set forth in this section.
(b) Reactivated project. If a project for which a designer has been selected by the board
becomes inactive, lapses, or changes as a result of project phasing, insufficient appropriations,
or other reasons, the commissioner, the Minnesota State Colleges and Universities, or the
University of Minnesota may, if the project is reactivated, retain the same designer to
complete the project.
(c) Fee limit reached after designer selected. If a project initially estimated to be below
the cost and planning fee limits of this subdivision has its cost or planning fees revised so
that the limits are exceeded, the project must be referred to the board for designer selection
even if a primary designer has already been selected. In this event, the board may, without
conducting interviews, elect to retain the previously selected designer if it determines that
the interests of the state are best served by that decision and shall notify the commissioner
of its determination.
Sec. 21.
Minnesota Statutes 2020, section 16B.33, subdivision 3a, is amended to read:
Subd. 3a.
Higher education projects.
(a) When the University of Minnesota or the
Minnesota State Colleges and Universities undertakes a project involving construction or
major remodeling, as defined in section 16B.335, subdivision 1, with an estimated cost
greater than deleted text begin $2,000,000deleted text end new text begin $4,000,000new text end or a planning project with estimated fees greater than
deleted text begin $200,000deleted text end new text begin $400,000new text end , the system shall submit a written request for a primary designer to the
commissioner, as provided in subdivision 3.
(b) When the University of Minnesota or the Minnesota State Colleges and Universities
undertakes a project involving renovation, repair, replacement, or rehabilitation, the system
office may submit a written request for a primary designer to the commissioner as provided
in subdivision 3.
(c) For projects at the University of Minnesota or the State Colleges and Universities,
the board shall select at least two primary designers under subdivision 4 for recommendation
to the Board of Regents or the Board of Trustees. Meeting records or written evaluations
that document the final selection are public records. The Board of Regents or the Board of
Trustees shall notify the commissioner of the designer selected from the recommendations.
Sec. 22.
Minnesota Statutes 2020, section 16B.33, is amended by adding a subdivision to
read:
new text begin Subd. 6. new text end
new text begin Rate of inflation. new text end
new text begin
No later than December 31 of every fifth year starting in
2025, the commissioner shall determine the percentage increase in the rate of inflation, as
measured by the means quarterly construction cost index, during the four-year period
preceding that year. The thresholds in subdivisions 3, paragraph (a), and 3a, paragraph (a),
shall be increased by the percentage calculated by the commissioner to the nearest
ten-thousandth dollar.
new text end
Sec. 23.
new text begin
[16B.361] OFFICE OF COLLABORATION AND DISPUTE RESOLUTION.
new text end
new text begin Subdivision 1. new text end
new text begin Duties of the office. new text end
new text begin
The commissioner of administration shall maintain
the Office of Collaboration and Dispute Resolution, formerly codified in sections 179.90
and 179.91 within the Department of Administration. The office must:
new text end
new text begin
(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;
new text end
new text begin
(2) promote and utilize collaborative dispute resolution models and processes based on
documented best practices, including but not limited to:
new text end
new text begin
(i) establishing criteria and procedures for identifying and assessing collaborative dispute
resolution projects;
new text end
new text begin
(ii) designing collaborative dispute resolution processes to foster trust, relationships,
mutual understanding, and consensus-based solutions;
new text end
new text begin
(iii) preparing and training participants; and
new text end
new text begin
(iv) utilizing collaborative techniques, processes, and standards through facilitated
meetings to develop wise and durable solutions;
new text end
new text begin
(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;
new text end
new text begin
(4) promote the broad use of community mediation in the state;
new text end
new text begin
(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
new text end
new text begin
(6) educate the public and government entities on collaboration, dispute resolution
options, and public engagement.
new text end
new text begin Subd. 2. new text end
new text begin Grant applications; appropriation. new text end
new text begin
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.
new text end
new text begin Subd. 3. new text end
new text begin Grant awards. new text end
new text begin
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.
new text end
new text begin Subd. 4. new text end
new text begin Eligibility. new text end
new text begin
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).
new text end
new text begin Subd. 5. new text end
new text begin Conditions and exclusions. new text end
new text begin
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.
new text end
new text begin Subd. 6. new text end
new text begin Reporting. new text end
new text begin
Grantees must report data required under chapter 494 to evaluate
quality and outcomes.
new text end
Sec. 24.
new text begin
[16B.372] OFFICE OF ENTERPRISE TRANSLATIONS.
new text end
new text begin
The commissioner shall establish an Office of Enterprise Translations. The office must:
new text end
new text begin
(1) provide translation services for written material for state agencies;
new text end
new text begin
(2) create and maintain language-specific landing web pages in Spanish, Hmong, and
Somali with links to translated materials at state agency websites; and
new text end
new text begin
(3) serve as a resource to executive branch agencies in areas that include best practices
and standards for the translation of written materials.
new text end
Sec. 25.
new text begin
[16B.3721] LANGUAGE ACCESS SERVICE ACCOUNT ESTABLISHED.
new text end
new text begin
The language access service account is created in the special revenue fund for reimbursing
state agencies for expenses incurred in providing language translation services.
new text end
Sec. 26.
Minnesota Statutes 2020, section 16B.98, is amended by adding a subdivision to
read:
new text begin Subd. 12. new text end
new text begin Grants administration. new text end
new text begin
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 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 after the effective date of
this subdivision.
new text end
Sec. 27.
Minnesota Statutes 2020, section 16C.10, subdivision 2, is amended to read:
Subd. 2.
Emergency acquisition.
The solicitation process described in this chapternew text begin and
chapter 16Bnew text end is not required in emergencies. In emergencies, the commissioner may makenew text begin
or authorizenew text end any purchases necessary for thenew text begin design, construction,new text end repair, rehabilitation, and
improvement of a deleted text begin state-owneddeleted text end new text begin publicly ownednew text end structure or maynew text begin make ornew text end authorize an agency
to do so and may purchase, or may authorize an agency to purchase,new text begin anynew text end goods, services,
or utility services directly for immediate use.new text begin This provision applies to projects conducted
by Minnesota State Colleges and Universities.
new text end
Sec. 28.
Minnesota Statutes 2020, section 16C.32, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
As used in sections 16C.32 to 16C.35, the following terms
have the meanings given them, unless the context clearly indicates otherwise:
(1) "acceptance" means a formal resolution of the commissioner authorizing the execution
of a design-build, construction manager at risk, or job order contracting contract;
(2) "agency" means any state officer, employee, board, commission, authority,
department, or other agency of the executive branch of state government. Unless specifically
indicated otherwise, as used in sections 16C.32 to 16C.35, agency also includes the Minnesota
State Colleges and Universities;
(3) "architect" means an architect or landscape architect registered to practice under
sections 326.02 to 326.15;
(4) "board" means the state Designer Selection Board, unless the estimated cost of the
project is less than deleted text begin $2,000,000deleted text end new text begin the amount specified in section 16B.33, subdivision 3new text end , in
which case the commissioner may act as the board;
(5) "Capitol Area Architectural and Planning Board" means the board established to
govern the Capitol area under chapter 15B;
(6) "commissioner" means the commissioner of administration or the Board of Trustees
of the Minnesota State Colleges and Universities, whichever controls a project;
(7) "construction manager at risk" means a person who is selected by the commissioner
to act as a construction manager to manage the construction process, which includes, but
is not limited to, responsibility for the price, schedule, and workmanship of the construction
performed in accordance with the procedures of section 16C.34;
(8) "construction manager at risk contract" means a contract for construction of a project
between a construction manager at risk and the commissioner, which contract shall include
a guaranteed maximum price, construction schedule, and workmanship of the construction
performed;
(9) "design-build contract" means a contract between the commissioner and a
design-builder to furnish the architectural, engineering, and related design services as well
as the labor, materials, supplies, equipment, and construction services for a project;
(10) "design and price-based proposal" means the proposal to be submitted by a
design-builder in the design and price-based selection process, as described in section
16C.33, which proposal meets the requirements of section 16C.33, subdivision 7, paragraph
(c), in such detail as required in the request for proposals;
(11) "design and price-based selection" means the selection of a design-builder as
described in section 16C.33, subdivision 8;
(12) "design criteria package" means performance criteria prepared by a design criteria
professional who shall be either an employee of the commissioner or shall be selected in
compliance with section 16B.33, 16C.08, or 16C.087;
(13) "design criteria professional" means a person licensed under chapter 326, or a person
who employs an individual or individuals licensed under chapter 326, required to design a
project, and who is employed by or under contract to the commissioner to provide
professional, architectural, or engineering services in connection with the preparation of
the design criteria package;
(14) "guaranteed maximum price" means the maximum amount that a design-builder,
construction manager at risk, or subcontractor will be paid pursuant to a contract to perform
a defined scope of work;
(15) "guaranteed maximum price contract" means a contract under which a design-builder,
construction manager, or subcontractor is paid on the basis of their actual cost to perform
the work specified in the contract plus an amount for overhead and profit, the sum of which
must not exceed the guaranteed maximum price set forth in the contract;
(16) "job order contracting" means a project delivery method that requests a limited
number of bids from a list of qualified contractors, selected from a registry of qualified
contractors who have been prescreened and who have entered into master contracts with
the commissioner, as provided in section 16C.35;
(17) "past performance" or "experience" does not include the exercise or assertion of a
person's legal rights;
(18) "person" includes an individual, corporation, partnership, association, or any other
legal entity;
(19) "project" means an undertaking to construct, alter, or enlarge a building, structure,
or other improvements, except highways and bridges, by or for the state or an agency;
(20) "qualifications-based selection" means the selection of a design-builder as provided
in section 16C.33;
(21) "request for qualifications" means the document or publication soliciting
qualifications for a design-build, construction manager at risk, or job order contracting
contract as provided in sections 16C.33 to 16C.35;
(22) "request for proposals" means the document or publication soliciting proposals for
a design-build or construction manager at risk contract as provided in sections 16C.33 and
16C.34; and
(23) "trade contract work" means the furnishing of labor, materials, or equipment by
contractors or vendors that are incorporated into the completed project or are major
components of the means of construction. Work performed by trade contractors involves
specific portions of the project, but not the entire project.
Sec. 29.
new text begin
[16E.35] COUNTY AND LOCAL CYBERSECURITY GRANTS.
new text end
new text begin Subdivision 1. new text end
new text begin Cybersecurity grant program established. new text end
new text begin
Minnesota IT Services may
make grants to political subdivisions to support addressing cybersecurity risks and
cybersecurity threats to information systems owned or operated by, or on behalf of, state,
local, or Tribal governments, as provided in section 70612 of Public Law 117-58.
new text end
new text begin Subd. 2. new text end
new text begin Match requirement. new text end
new text begin
The political subdivision receiving a grant must provide
for the remainder of the costs of the project.
new text end
new text begin Subd. 3. new text end
new text begin Criteria. new text end
new text begin
The department may set criteria for program priorities and standards
of review.
new text end
Sec. 30.
Minnesota Statutes 2020, section 43A.01, subdivision 2, is amended to read:
Subd. 2.
Precedence of merit principles and nondiscrimination.
It is the policy of
this state to provide for equal employment opportunity consistent with chapter 363A by
ensuring that all personnel actions be based on the ability to perform the duties and
responsibilities assigned to the position without regard to age, race, creed or religion, color,
disability, sex, national origin, marital status, status with regard to public assistance, or
political affiliation. It is the policy of this state to take affirmative action to eliminate the
underutilization of qualified members of protected groups in the civil service, where such
action is not in conflict with other provisions of this chapter or chapter 179, in order to
correct imbalances and eliminate the deleted text begin presentdeleted text end effects of deleted text begin pastdeleted text end discriminationnew text begin and support full
and equal participation in the social and economic life in the state. Managers and supervisors
that are responsible for hiring must be made aware of bias that can be present in the hiring
processnew text end .
No contract executed pursuant to chapter 179A shall modify, waive or abridge this
section and sections 43A.07 to 43A.121, 43A.15, and 43A.17 to 43A.21, except to the extent
expressly permitted in those sections.
Sec. 31.
Minnesota Statutes 2020, section 43A.02, is amended by adding a subdivision to
read:
new text begin Subd. 1a. new text end
new text begin Accommodation fund. new text end
new text begin
"Accommodation fund" means the fund created under
section 16B.4805 for reimbursing state agencies for eligible expenses incurred in providing
reasonable accommodations to state employees with disabilities.
new text end
Sec. 32.
Minnesota Statutes 2020, section 43A.02, is amended by adding a subdivision to
read:
new text begin Subd. 3a. new text end
new text begin Americans with Disabilities Act. new text end
new text begin
"Americans With Disabilities Act" or
"ADA" means the Americans with Disabilities Act of 1990, as amended, United States
Code title 42, sections 12101 to 12117.
new text end
Sec. 33.
Minnesota Statutes 2020, section 43A.02, is amended by adding a subdivision to
read:
new text begin Subd. 18a. new text end
new text begin Digital accessibility. new text end
new text begin
"Digital accessibility" means information and
communication technology, including products, devices, services, and content that are
designed and built so people with disabilities can use or participate in them, as defined by
the accessibility standard adopted under section 16E.03, subdivision 9. Any statutory
reference to accessible or accessibility in the context of information and communication
technology includes digital accessibility.
new text end
Sec. 34.
Minnesota Statutes 2020, section 43A.02, is amended by adding a subdivision to
read:
new text begin Subd. 35a. new text end
new text begin Reasonable accommodation. new text end
new text begin
"Reasonable accommodation" has the meaning
given under section 363A.08, subdivision 6.
new text end
Sec. 35.
Minnesota Statutes 2020, section 43A.04, subdivision 1a, is amended to read:
Subd. 1a.
Mission; efficiency.
It is part of the department's mission that within the
department's resources the commissioner shall endeavor to:
(1) prevent the waste or unnecessary spending of public money;
(2) use innovative fiscal and human resource practices to manage the state's resources
and operate the department as efficiently as possible;
(3) coordinate the department's activities wherever appropriate with the activities of
other governmental agencies;
(4) use technology where appropriate to increase agency productivity, improve customer
service, increase public access to information about government, and increase public
participation in the business of government;
new text begin
(5) ensure that all technology utilized is accessible to employees and provided in a timely
manner as described in sections 363A.42 and 363A.43 and the accessibility standards under
section 16E.03, subdivisions 2, clause (3), and 9;
new text end
deleted text begin (5)deleted text end new text begin (6)new text end utilize constructive and cooperative labor-management practices to the extent
otherwise required by chapters 43A and 179A;
deleted text begin (6)deleted text end new text begin (7)new text end report to the legislature on the performance of agency operations and the
accomplishment of agency goals in the agency's biennial budget according to section 16A.10,
subdivision 1; deleted text begin and
deleted text end
deleted text begin (7)deleted text end new text begin (8)new text end recommend to the legislature appropriate changes in law necessary to carry out
the mission and improve the performance of the departmentdeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(9) endeavor to use equitable and inclusive practices to attract and recruit protected class
employees; actively eliminate discrimination against protected group employees; and ensure
equitable access to development and training, advancement, and promotional opportunities.
new text end
Sec. 36.
Minnesota Statutes 2020, section 43A.04, subdivision 4, is amended to read:
Subd. 4.
Administrative procedures.
The commissioner shall develop administrative
procedures, which are not subject to the rulemaking provisions of the Administrative
Procedure Act, to effect provisions of chapter 43A which do not directly affect the rights
of or processes available to the general public. The commissioner may also adopt
administrative procedures, not subject to the Administrative Procedure Act, which concern
topics affecting the general public if those procedures concern only the internal management
of the department or other agencies and if those elements of the topics which affect the
general public are the subject of department rules.
Administrative procedures shall be reproduced and made available for commentnew text begin in
accessible digital formats under section 16E.03new text end to agencies, employees, and appropriate
exclusive representatives certified pursuant to sections 179A.01 to 179A.25, for at least 15
days prior to implementation and shall include but are not limited to:
(1) maintenance and administration of a plan of classification for all positions in the
classified service and for comparisons of unclassified positions with positions in the classified
service;
(2) procedures for administration of collective bargaining agreements and plans
established pursuant to section 43A.18 concerning total compensation and the terms and
conditions of employment for employees;
(3) procedures for effecting all personnel actions internal to the state service such as
processes and requirements for agencies to publicize job openings and consider applicants
who are referred or nominate themselves, conduct of selection procedures limited to
employees, noncompetitive and qualifying appointments of employees and leaves of absence;
(4) maintenance and administration of employee performance appraisal, training and
other programs; and
(5) procedures for pilots of the reengineered employee selection process. Employment
provisions of this chapter, associated personnel rules adopted under subdivision 3, and
administrative procedures established under clauses (1) and (3) may be waived for the
purposes of these pilots. The pilots may affect the rights of and processes available to
members of the general public seeking employment in the classified service. The
commissioner will provide public notice of any pilot directly affecting the rights of and
processes available to the general public and make the administrative procedures available
for comment to the general public, agencies, employees, and appropriate exclusive
representatives certified pursuant to sections 179A.01 to 179A.25 for at least 30 days prior
to implementation.new text begin The public notice must be provided in an accessible digital format under
section 16E.03. The process for providing comment shall include multiple formats to ensure
equal access, including via telephone, digital content, and e-mail.
new text end
Sec. 37.
Minnesota Statutes 2020, section 43A.04, subdivision 7, is amended to read:
Subd. 7.
Reporting.
The commissioner shall issue a written report by February 1 and
August 1 of each year to the chair of the Legislative Coordinating Commission. The report
must list the number of appointments made under each of the categories in section 43A.15,
the number made to the classified service other than under section 43A.15, and the number
made under section 43A.08, subdivision 2a, during the six-month periods ending June 30
and December 31, respectively.new text begin The report must be posted online and must be accessible
under section 16E.03. The commissioner shall advertise these reports in multiple formats
to ensure broad dissemination.
new text end
Sec. 38.
Minnesota Statutes 2020, section 43A.09, is amended to read:
43A.09 RECRUITMENT.
The commissioner in cooperation with appointing authorities of all state agencies shall
maintain an active recruiting program publicly conducted and designed to attract sufficient
numbers of well-qualified people to meet the needs of the civil service, and to enhance the
image and public esteem of state service employment. Special emphasis shall be given to
recruitment of veterans and protected group membersnew text begin , including qualified individuals with
disabilities,new text end to assist state agencies in meeting affirmative action goals to achieve a balanced
work force.new text begin All technology and digital content related to recruiting and hiring shall be
accessible to people with disabilities.
new text end
Sec. 39.
Minnesota Statutes 2020, section 43A.10, subdivision 2a, is amended to read:
Subd. 2a.
Application requirements.
new text begin (a) new text end The commissioner shall establish and maintain
a database of applicants for state employment. The commissioner shall establish, publicize,
and enforce minimum requirements for deleted text begin application.deleted text end new text begin applications, and shall ensure that:
new text end
new text begin
(1) all postings shall be written so as to be relevant to the duties of the job and be
nondiscriminatory;
new text end
new text begin (2)new text end the appointing authority deleted text begin shall enforcedeleted text end new text begin enforcesnew text end the established minimum requirements
for applicationnew text begin ;
new text end
new text begin (3) the 700-hour on-the-job demonstration experience is considered an alternative,
noncompetitive hiring process for classified positions new text end for new text begin qualified new text end individuals deleted text begin who express
interest directly to the appointing authority.deleted text end new text begin with disabilities; and
new text end
new text begin
(4) hiring managers and others involved in the selection process are aware of the
accommodation fund under section 16B.4805 to ensure that people with disabilities obtain
timely and appropriate accommodations within the hiring process and the state agency can
request reimbursement.
new text end
new text begin
(b) The commissioner shall ensure that all online application processes and all digital
content relating to the database referenced in paragraph (a) shall be accessible for people
with disabilities.
new text end
Sec. 40.
Minnesota Statutes 2020, section 43A.10, subdivision 7, is amended to read:
Subd. 7.
Selection process accommodations.
Upon request, the commissioner or
appointing authority shall provide deleted text begin selection processdeleted text end new text begin reasonablenew text end accommodations to deleted text begin an
applicant with a disability that does not prevent performance of the duties of the position.
The accommodations must provide an opportunity to fairly assess the ability of the applicant
to perform the duties of the position notwithstanding the disability but must preserve, to the
extent feasible, the validity of the selection process and equitable comparison of results
with the results of competitors withoutdeleted text end new text begin qualified applicants withnew text end disabilitiesdeleted text begin .deleted text end new text begin to ensure full
participation in the selection process, including use of the accommodation fund under section
16B.4805 during the selection process. The commissioner must ensure that agencies are
made aware of the accommodation fund and its critical function of removing cost
considerations from interview selection decisions.
new text end
Sec. 41.
Minnesota Statutes 2020, section 43A.14, is amended to read:
43A.14 APPOINTMENTS.
All appointments to the classified service shall be based upon merit and ability to perform
the duties of the position and the needs of the employing agency, including the need to
achieve and maintain a representative work forcenew text begin , including representation of people with
disabilitiesnew text end . For employees in a bargaining unit as defined in section 179A.10 appointments
shall be subject to applicable provisions of collective bargaining agreements.
Sec. 42.
Minnesota Statutes 2020, section 43A.15, subdivision 14, is amended to read:
Subd. 14.
new text begin 700-hour new text end on-the-job demonstration deleted text begin process and appointmentdeleted text end new text begin
experiencenew text end .
(a) The commissioner shall deleted text begin establishdeleted text end new text begin consult with the Department of Employment
and Economic Development's Vocational Rehabilitation Services and State Services for the
Blind and other disability experts in establishing, reviewing, and modifying thenew text end qualifying
procedures for applicants whose disabilities are of such a significant nature that the applicants
are unable to demonstrate their abilities in the selection process. The qualifying procedures
must consist of up to 700 hours on-the-job deleted text begin trial workdeleted text end new text begin demonstrationnew text end experience. deleted text begin Up to three
persons with significant disabilities and their job coach may be allowed to demonstrate their
job competence as a unit through the on-the-job trial work experience selection procedure.
Thisdeleted text end new text begin The 700-hournew text end on-the-job demonstration deleted text begin process must be limited to applicants for whom
there is no reasonable accommodation in the selection processdeleted text end new text begin experience is an alternative,
noncompetitive hiring process for qualified applicants with disabilities. All permanent
executive branch classified positions are eligible for a 700-hour on-the-job demonstration
experience, and all permanent classified job postings must provide information regarding
the on-the-job demonstration overview and certification processnew text end .
(b) The commissioner may authorize the probationary appointment of an applicant based
on the request of the appointing authority that documents that the applicant has successfully
demonstrated qualifications for the position through completion of an on-the-job deleted text begin trial workdeleted text end new text begin
demonstrationnew text end experience. new text begin Qualified applicants should be converted to permanent,
probationary appointments at the point in the 700-hour on-the-job experience at which they
have demonstrated the ability to perform the essential functions of the job with or without
reasonable accommodation. new text end The implementation of this subdivision may not be deemed a
violation of chapter 43A or 363A.
new text begin
(c) The commissioner and the ADA and disability employment director, described in
section 43A.19, subdivision 1, paragraph (e), are responsible for the administration and
oversight of the 700-hour on-the-job demonstration experience, including the establishment
of policies and procedures, data collection and reporting requirements, and compliance.
new text end
new text begin
(d) The commissioner or the commissioner's designee shall design and implement a
training curriculum for the 700-hour on-the-job demonstration experience. All executive
leaders, managers, supervisors, human resources professionals, affirmative action officers,
and ADA coordinators must receive annual training on the program.
new text end
new text begin
(e) The commissioner or the commissioner's designee shall develop, administer, and
make public a formal grievance process for individuals in the 700-hour on-the-job
demonstration experience under this subdivision and supported work program under section
43A.421, subdivision 2.
new text end
new text begin
(f) Appointing agencies shall ensure that reasonable accommodation requests, including
accessible technology or alternative formats, are provided in a timely manner during the
application and hiring process and throughout the 700-hour on-the-job demonstration
experience period pursuant to sections 363A.42 and 363A.43 and the accessibility standards
under section 16E.03, subdivisions 2, clause (3), and 9.
new text end
Sec. 43.
Minnesota Statutes 2020, section 43A.15, is amended by adding a subdivision to
read:
new text begin Subd. 14a. new text end
new text begin Report and survey. new text end
new text begin
(a) The commissioner shall annually collect
enterprise-wide statistics on the 700-hour on-the-job demonstration experience under
subdivision 14. The statistics collected and reported annually must include:
new text end
new text begin
(1) the number of certifications submitted, granted, and rejected;
new text end
new text begin
(2) the number of applicants interviewed, appointed, and converted to probationary
status;
new text end
new text begin
(3) the number of employees retained after one year in state employment;
new text end
new text begin
(4) the number of employees with terminated appointments and the reason for termination;
new text end
new text begin
(5) the average length of time in an on-the-job demonstration appointment;
new text end
new text begin
(6) the number and category of entity certifications; and
new text end
new text begin
(7) by department or agency, the number of appointments and hires and the number of
managers and supervisors trained.
new text end
new text begin
(b) The commissioner shall develop and administer an annual survey of participants in
the 700-hour on-the-job demonstration experience who are hired and those who are not
hired, as well as the managers of participants in the 700-hour on-the-job demonstration
experience.
new text end
new text begin
(c) The commissioner must consult at least annually with the Department of Employment
and Economic Development's Vocational Rehabilitation Services and State Services for the
Blind, the Disability Agency Forum, and other disability experts to review the survey results,
assess program satisfaction, and recommend areas for continuous improvement.
new text end
new text begin
(d) The commissioner shall annually develop and publish a report on the department's
website that includes the data described in paragraph (a), survey results described in
paragraph (b), and recommendations for continuous improvement described in paragraph
(c).
new text end
Sec. 44.
Minnesota Statutes 2020, section 43A.183, subdivision 1, is amended to read:
Subdivision 1.
Payment required.
Each agency head shall pay to each eligible member
an amount equal to the person's salary differential for each month or portion of month that
the person is ordered to serve in active service.
This payment may be made only to a person for whom the amount in subdivision 2,
paragraph (b), clause (1), is greater than the amount in subdivision 2, paragraph (b), clause
(2). Payments must be made at the intervals at which the member received pay as a state
employee, except that any back pay due under this section may be paid as a lump sum.
Payment under this section must not extend beyond four years from the date the employee
reported for active service, plus any additional time the employee may be legally required
to serve. An eligible member may apply for the salary differential benefits authorized under
this section deleted text begin prior to, during, or following the person's active service on or after May 29,
2003deleted text end new text begin no later than two years after completion of active service. A copy of military orders
showing active service must be provided prior to paymentnew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 45.
Minnesota Statutes 2020, section 43A.183, subdivision 2, is amended to read:
Subd. 2.
Definitions.
(a) The definitions in this subdivision apply to this section.
(b) "Salary differential" means the difference between:
(1) the person's monthly total gross earnings as an active state employee, deleted text begin excluding any
overtime pay received but including all other earnings,deleted text end averaged over the last three full
new text begin calendar new text end months of the person's active state employment prior to reporting to active service,
and including any additional salary or earnings adjustments that the person would have
received at any time during the person's authorized leave from state employment had the
person been serving as an active state employee during that time; and
(2) the person's monthly base pay in active service.
(c) "Eligible member" means:
(1) any member of the National Guard or other reserve component of the United States
armed forces who was an employee of the state of Minnesota at the time the member took
military leave under section 192.261 to report for active military service; and
(2) any member of any other nonmilitary reserve component of the uniformed services
of the United States who was an employee of Minnesota at the time the member took properly
authorized leave from state employment under substantially comparable federal or state
authority ordering the person to report for federal or state active service.
(d) "State employee" means an employee of the executive, judicial, or legislative branch
of state government or an employee of the Minnesota State Retirement System, the Public
Employee Retirement Association, or the Teachers Retirement Association.
(e) "Active service" has the meaning given in section 190.05, subdivision 5, for military
members, and includes substantially comparable service for reserve members of other
nonmilitary components of the uniformed services of the United States, but excludes service
performed exclusively for purposes of:
(1) basic training, advanced individual training, annual training, and periodic inactive
duty training;
(2) special training periodically made available to reserve members;
(3) service performed in accordance with section 190.08, subdivision 3; and
(4) service performed as part of the active guard/reserve program pursuant to United
States Code, title 32, section 502(f), or other applicable authority, as well as substantially
comparable service by members of other nonmilitary components of the uniformed services
of the United States.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 46.
Minnesota Statutes 2020, section 43A.19, subdivision 1, is amended to read:
Subdivision 1.
Statewide affirmative action program.
(a) To assure that positions in
the executive branch of the civil service are equally accessible to all qualified persons, and
to eliminate the deleted text begin underutilization of qualified members of protected groupsdeleted text end new text begin effects of past
and present discrimination, intended or unintended, on the basis of protected group statusnew text end ,
the commissioner shall adopt and periodically revise, if necessary, a statewide affirmative
action program. The statewide affirmative action program must consist of at least the
following:
(1) objectives, goals, and policies;
(2) procedures, standards, and assumptions to be used by agencies in the preparation of
agency affirmative action plans, including methods by which goals and timetables are
established;
(3) the analysis of separation patterns to determine the impact on protected group
members; and
(4) requirements for annual objectives and submission of affirmative action progress
reports from heads of agencies.
new text begin
Agency heads must report the data in clause (3) to the state Director of Recruitment,
Retention and Affirmative Action and the state ADA coordinator, in addition to being
available to anyone upon request. The commissioner of management and budget must
annually post the aggregate and agency-level reports under clause (4) on the agency's website.
new text end
(b) The commissioner shall establish statewide affirmative action goals for each of the
federal Equal Employment Opportunity (EEO) occupational categories applicable to state
employment, using at least the following factors:
(1) the percentage of members of each protected class in the recruiting area population
who have the necessary skills; and
(2) the availability for promotion or transfer of current employees who are members of
protected classes.
(c) The commissioner may use any of the following factors in addition to the factors
required under paragraph (b):
(1) the extent of unemployment of members of protected classes in the recruiting area
population;
(2) the existence of training programs in needed skill areas offered by employing agencies
and other institutions; and
(3) the expected number of available positions to be filled.
(d) The commissioner shall designate a state director of diversity and equal employment
opportunity who may be delegated the preparation, revision, implementation, and
administration of the program. The commissioner of management and budget may place
the director's position in the unclassified service if the position meets the criteria established
in section 43A.08, subdivision 1a.
new text begin
(e) The commissioner shall designate a statewide ADA and disability employment
director who may be delegated the preparation, revision, implementation, evaluation, and
administration of the program. This position must administer the 700-hour on-the-job
demonstration experience under the supported work program and disabled veteran's
employment programs. The ADA and disability employment director shall have education,
knowledge, and skills in disability policy, employment, and the ADA. The commissioner
may place the director's position in the unclassified service if the position meets the criteria
established in section 43A.08, subdivision 1a.
new text end
new text begin
(f) Agency affirmative action plans, including reports and progress, must be posted on
the agency's public and internal websites within 30 days of being approved. The
commissioner of management and budget shall post a link to all executive branch
agency-approved affirmative action plans on its public website. Accessible copies of the
affirmative action plan must be available to all employees and members of the general public
upon request.
new text end
Sec. 47.
Minnesota Statutes 2020, section 43A.191, is amended to read:
43A.191 AGENCY AFFIRMATIVE ACTION PROGRAMS.
Subdivision 1.
Affirmative action officers.
(a) Each agency with 1,000 employees or
more shall have at least one full-time affirmative action officer, who shall have primary
responsibility for developing and maintaining the agency's affirmative action plan. The
officer shall devote full time to affirmative action activities. The affirmative action officer
shall report administratively and on policy issues directly to the agency head.new text begin Pursuant to
section 43A.08, subdivision 1a, clause (4), the affirmative action officer must not be an
unclassified employee.
new text end
(b) The agency heads shall assign affirmative action officers or designees for agencies
with fewer than 1,000 employees. The designees shall report administratively and on policy
issues directly to the agency head.
(c) An agency may not use authority under section 43A.08, subdivision 1a, to place the
position of an agency affirmative action officer or designee in the unclassified service.
Subd. 2.
Agency affirmative action plans.
(a) The head of each agency in the executive
branch shall prepare and implement an agency affirmative action plan consistent with this
section and rules issued under section 43A.04, subdivision 3.
(b) The agency plan must include a plan for the provision of reasonable accommodation
in the hiring and promotion of qualified deleted text begin disableddeleted text end personsnew text begin with disabilitiesnew text end . The reasonable
accommodation plan must consist of at least the following:
(1) procedures for compliance with sections 16E.03, subdivision 9, 363A.08 to 363A.19,
and 363A.28, subdivision 10, and, where appropriate, regulations implementing United
States Code, title 29, section 794, as amended through December 31, 1984, which is section
504 of the Rehabilitation Act of 1973, as amended and the Americans with Disabilities Act,
United States Code, title 42, sections 101 to 108, 201 to 231, 241 to 246, 401, 402, and 501
to 514;
(2) methods and procedures for providingnew text begin timely access tonew text end reasonable deleted text begin accommodation
for disabled job applicants, current employees, and employeesdeleted text end new text begin accommodations during the
application process, throughout current employment, and whennew text end seeking promotion;
(3) provisions for funding reasonable accommodations; and
(4) the number of requests made, the number of requests approved, and the number of
requests reimbursed from the state accommodation account under section 16B.4805.
(c) The agency plan must be prepared by the agency head with the assistance of the
agency affirmative action officer and the director of diversity and equal employment
opportunity. The agency may consult with the Council on Disability, vocational rehabilitation
services, state services for the blind, and other disability experts to review and make
recommendations on recruitment and retention of people with disabilities.
(d) The agency plan must identify any positions in the agency that can be used for
supported employment as defined in section 268A.01, subdivision 13, of persons with severe
disabilities. The agency shall report this information to the commissioner. An agency that
hires more than one supported worker in the identified positions must receive recognition
for each supported worker toward meeting the agency's affirmative action goals and
objectives.
(e) An agency affirmative action plan may not be implemented without the
commissioner's approval.
new text begin Subd. 2a. new text end
new text begin Disability recruitment, hiring, and advancement. new text end
new text begin
(a) Each agency affirmative
action plan must include a section that provides sufficient assurances, procedures, and
commitments to provide adequate hiring, placement, and advancement opportunities for
individuals with disabilities at all levels of state employment. The criteria for this section
of the agency affirmative action plan must include a section on disability hiring and
advancement, including the provisions in this subdivision.
new text end
new text begin
(b) The plan must describe specific actions to ensure that a broad range of individuals
with disabilities will be aware of and be encouraged to apply for job vacancies when eligible.
The actions must include, at a minimum:
new text end
new text begin
(1) the use of programs and resources that identify job applicants with disabilities who
are eligible to be appointed under a hiring authority that takes disability into account,
consistent with the demonstration program under section 43A.15, subdivision 14. The
programs may include the Department of Employment and Economic Development's
Vocational Rehabilitation Services and State Services for the Blind that provide the
qualifications necessary for positions within the agency to individuals with disabilities.
Resources may include databases of individuals with disabilities who previously applied to
the agency but were not hired for the positions they applied for, and training and internship
programs that lead directly to employment for individuals with disabilities; and
new text end
new text begin
(2) establishment and maintenance of contacts, which may include formal agreements,
with organizations that specialize in providing assistance to individuals with disabilities in
securing and maintaining employment, such as the Department of Employment and Economic
Development's Vocational Rehabilitation Services, State Services for the Blind, community
rehabilitation programs, day training and habilitation programs, and employment network
service providers.
new text end
new text begin
(c) The plan must ensure that the agency has designated sufficient staff to handle any
disability-related issues that arise during the application and selection process, and shall
require the agency to provide staff with sufficient training, support, and other resources to
carry out the responsibilities under this section. Responsibilities include, at a minimum:
new text end
new text begin
(1) ensuring that disability-related questions from members of the public regarding the
agency's application and selection processes are answered promptly and correctly, including
questions about reasonable accommodations needed by job applicants during the application
and selection process and questions about how individuals may apply for positions under
hiring authorities that take disability into account;
new text end
new text begin
(2) processing requests for reasonable accommodations needed by job applicants during
the application and placement process and ensuring that the agency provides such
accommodations when required;
new text end
new text begin
(3) accepting applications for a position under hiring authorities that take disability into
account;
new text end
new text begin
(4) if an individual has applied for appointment to a particular position under a hiring
authority that takes disability into account, determining whether the individual is eligible
for appointment under such authority and, if so, forwarding the individual's application to
the relevant hiring officials with an explanation of how and when the individual may be
appointed, consistent with all applicable laws; and
new text end
new text begin
(5) overseeing any other agency programs designed to increase hiring of individuals
with disabilities.
new text end
Subd. 3.
Audits; sanctions and incentives.
(a) The commissioner shall annually audit
the record of each agency to determine the rate of compliance with affirmative action
requirements.new text begin The department must report all audit findings to the governor's office if a
state agency fails to meet any of its affirmative action requirements for two consecutive
years.
new text end
(b) By March 1 of each odd-numbered year, the commissioner shall submit a report on
affirmative action progress of each agency and the state as a whole to the governor and to
the Finance Committee of the senate, the Ways and Means Committee of the house of
representatives, the Governmental Operations Committees of both houses of the legislature,
and the Legislative Coordinating Commission. The report must include noncompetitive
appointments made under section 43A.08, subdivision 2a, or 43A.15, subdivisions 3 to 7,
10, and 12, and cover each agency's rate of compliance with affirmative action requirements.new text begin
The report must be made available to the public on the department's website.
new text end
(c) An agency that does not meet its hiring goals must justify its nonaffirmative action
hires in competitive appointments and noncompetitive appointments made under section
43A.08, subdivisions 1, clauses (9), (11), and (16), and 2a; and section 43A.15, subdivisions
3, 10, 12, and 13, according to criteria issued by the department deleted text begin of Management and Budgetdeleted text end .
In addition, an agency shall:
(1) demonstrate a good faith effort to recruit protected group members by following an
active recruitment plan;
(2) implement a coordinated retention plan; and
(3) have an established complaint resolution procedure.
(d) The commissioner shall develop reporting standards and procedures for measuring
compliance.
(e) An agency is encouraged to develop other innovative ways to promote awareness,
acceptance, and appreciation for diversity and affirmative action. These innovations will
be considered when evaluating an agency's compliance with this section.
(f) An agency not in compliance with affirmative action requirements of this section
must identify methods and programs to improve performance, to reallocate resources
internally in order to increase support for affirmative action programs, and to submit program
and resource reallocation proposals to the commissioner for approval. An agency must
submit these proposals within 120 days of being notified by the commissioner that it is out
of compliance with affirmative action requirements. The commissioner shall monitor
quarterly the affirmative action programs of an agency found to be out of compliance.
(g) The commissioner shall establish a program to recognize an agency that has made
significant and measurable progress in implementing an affirmative action plan.
(h) The commissioner must maintain and make available, on an annual basis, summary
data as defined in section 13.02, subdivision 19, on the percentage of members of each
protected group as defined in section 43A.02, subdivision 33, that were hired in the executive
branch in each of the federal Equal Employment Opportunity (EEO) occupational categories
applicable to state employment. Nothing in this provision, however, shall require any person
to disclose their protected group status, nor shall it require the commissioner or any
appointing authority to determine the protected group status of any person.
Sec. 48.
Minnesota Statutes 2020, section 43A.21, subdivision 1, is amended to read:
Subdivision 1.
Authority; purpose.
The commissionernew text begin , in coordination with the statewide
ADA and disability employment director and chief inclusion officer,new text end shall develop and
interpret policy and administer and, to the extent possible, conduct programs in training and
development for employees tonew text begin , at a minimum:
new text end
new text begin (1)new text end promote individual, group and agency efficiency and effectivenessdeleted text begin .deleted text end new text begin ;
new text end
new text begin
(2) build employee capacity to deliver accessible and inclusive services to the public,
including people with disabilities; and
new text end
new text begin
(3) support an inclusive work environment for employees with disabilities and employees
of other protected classes.
new text end
Sec. 49.
Minnesota Statutes 2020, section 43A.21, subdivision 2, is amended to read:
Subd. 2.
Responsibilities.
new text begin (a) new text end The commissioner is responsible for developing and
coordinating consistent training policy which shall be binding on all state agencies in the
executive branch. The policies shall include conditions under which employees may receive
or be assigned to training; internships and work-training programs; minimum and maximum
training standards for employee participation and agency reporting requirements.new text begin At a
minimum, state employees must receive annual training on statutes or policies related to:
new text end
new text begin
(1) Title II of the Americans with Disabilities Act;
new text end
new text begin
(2) the state's affirmative action policy;
new text end
new text begin
(3) equal opportunity employment; and
new text end
new text begin
(4) digital accessibility standards.
new text end
new text begin (b)new text end Career development training is a permissive subject of collective bargaining. Each
appointing authority in the executive branch, including the Minnesota State Retirement
System and the Teachers Retirement Association, is primarily responsible for planning,
budgeting, conducting and evaluating training programs.
Sec. 50.
Minnesota Statutes 2020, section 43A.21, subdivision 3, is amended to read:
Subd. 3.
Programs.
new text begin (a) new text end The commissioner or the commissioner's designee shall design
and implement management training and development programs for the state service. The
programs shall include but not be limited to mandatory training and development
requirements for managers and supervisors. No person shall acquire permanent status in a
management or supervisory position in the classified service until training and development
requirements have been met.
new text begin
(b) All managers and supervisors must receive training on inclusive work environments,
disability awareness, cultural competence, and other equity and diversity areas.
new text end
new text begin
(c) Agencies shall conduct an annual Americans with Disabilities Act self-assessment
to ensure training programs meet the standards for universal design in learning.
new text end
Sec. 51.
Minnesota Statutes 2020, section 43A.21, is amended by adding a subdivision to
read:
new text begin Subd. 6. new text end
new text begin Accessibility. new text end
new text begin
The commissioner is responsible for ensuring that all training
content and platforms meet the accessibility standards under section 16E.03, subdivisions
2, clause (3), and 9. Reasonable accommodations must be implemented in a timely and
appropriate manner to ensure that all state employees can participate in state-offered trainings.
All state employees, including ADA coordinators and human resources staff, must have the
training and resources to implement an accessible and inclusive workplace.
new text end
Sec. 52.
Minnesota Statutes 2020, section 43A.36, subdivision 1, is amended to read:
Subdivision 1.
Cooperation; state agencies.
new text begin (a) new text end The commissioner may delegate
administrative functions associated with the duties of the commissioner to appointing
authorities who have the capability to perform such functions when the commissioner
determines that it is in the best interests of the state civil service. The commissioner shall
consult with agencies and agencies shall cooperate as appropriate in implementation of this
chapter.
new text begin (b) new text end The commissioner, in conjunction with appointing authorities, shall analyze and
assess current and future human resource requirements of the civil service and coordinate
personnel actions throughout the civil service to meet the requirements. The commissioner
shall provide recruiting assistance and make the applicant database available to appointing
authorities to use in making appointments to positions in the unclassified service.
new text begin (c) new text end The head of each agency in the executive branch shall designate an agency personnel
officer. The agency personnel officer shall be accountable to the agency head for all personnel
functions prescribed by laws, rules, collective bargaining agreements, the commissioner
and the agency head. Except when otherwise prescribed by the agency head in a specific
instance, the personnel officer shall be assumed to be the authority accountable to the agency
head over any other officer or employee in the agency for personnel functions.
new text begin (d) new text end The head of each agency in the executive branch shall designate an affirmative action
officer who shall have primary responsibility for the administration of the agency's
affirmative action plan. The officer shall report directly to the head of the agency on
affirmative action matters.
new text begin
(e) Pursuant to section 43A.431, the head of each agency in the executive branch shall
designate an ADA coordinator who shall have primary responsibility for the administration
of ADA policies, procedures, trainings, requests, and arbitration. The coordinator shall
report directly to the commissioner.
new text end
Sec. 53.
Minnesota Statutes 2020, section 43A.421, is amended to read:
43A.421 SUPPORTED WORK PROGRAM.
new text begin Subdivision 1. new text end
new text begin Program established. new text end
deleted text begin A total of 50 full-timedeleted text end new text begin Activenew text end positions within
agencies of state government may be selected for inclusion for a supported work program
for persons with deleted text begin severedeleted text end new text begin significantnew text end disabilities. A full-time position may be shared by up to
three persons with deleted text begin severedeleted text end new text begin significantnew text end disabilities and their job coach. The job coach is not
a state employee within the scope of section 43A.02, subdivision 21, or 179A.03, subdivision
14, unless the job coach holds another position within the scope of section 43A.02,
subdivision 21, or 179A.03, subdivision 14.new text begin All classified supported work job postings need
to link to the overview and application process for the supported work program.
new text end
new text begin Subd. 2. new text end
new text begin Responsibilities. new text end
new text begin
(a) The commissioner is responsible for the administration
and oversight of the supported work program, including the establishment of policies and
procedures, data collection and reporting requirements, and compliance.
new text end
new text begin
(b) The commissioner or the commissioner's designee shall design and implement a
training curriculum for the supported work program. All executive leaders, managers,
supervisors, human resources professionals, affirmative action officers, and Americans with
Disabilities Act coordinators must receive annual training regarding the program.
new text end
new text begin
(c) The commissioner or the commissioner's designee shall develop, administer, and
make public a formal grievance process for individuals in the program.
new text end
Sec. 54.
new text begin
[43A.431] AMERICANS WITH DISABILITIES ACT COORDINATORS.
new text end
new text begin
(a) Each state agency shall designate at least one ADA coordinator who is responsible
for implementation of Title I of the ADA, to advance the prohibition on discrimination
against qualified individuals with disabilities in job application procedures, hiring, firing,
advancement, compensation, job training and other terms, conditions, and privileges of
employment. The ADA coordinator must have demonstrated knowledge and experience in:
new text end
new text begin
(1) the recruitment, selection, development, and retention of people with disabilities;
new text end
new text begin
(2) workforce data analysis;
new text end
new text begin
(3) disability employment laws and regulations; and
new text end
new text begin
(4) strategy development for universal and inclusive workplaces.
new text end
new text begin
(b) The ADA coordinator is responsible for overseeing the development, implementation,
monitoring, and evaluation of effective strategies to attract, engage, and advance people
with disabilities. This includes assisting employees with identifying, acquiring, and
maintaining effective accommodations and submitting reimbursement requests to the
statewide accommodation fund under section 16B.4805.
new text end
new text begin
(c) The ADA coordinator is responsible for collecting data and preparing reports to
ensure transparency and accountability and must serve as a key liaison for disability
employment and training initiatives.
new text end
Sec. 55.
Minnesota Statutes 2020, section 82.75, subdivision 8, is amended to read:
Subd. 8.
Accrued interest.
(a) Each broker shall maintain a pooled interest-bearing trust
account for deposit of client funds. The interest accruing on the trust account, less reasonable
transaction costs, must be paid to the deleted text begin commissioner of management and budgetdeleted text end new text begin Minnesota
Housing Finance Agencynew text end for deposit in the housing trust fund account created under section
462A.201 unless otherwise specified pursuant to an expressed written agreement between
the parties to a transaction.
(b) For an account created under paragraph (a), each broker shall direct the financial
institution to:
(1) pay the interest, less reasonable transaction costs, computed in accordance with the
financial institution's standard accounting practice, at least quarterly, to the deleted text begin commissioner
of management and budgetdeleted text end new text begin Minnesota Housing Finance Agencynew text end ; and
(2) send a statement to the deleted text begin commissioner of management and budgetdeleted text end new text begin Minnesota Housing
Finance Agencynew text end showing the name of the broker for whom the payment is made, the rate
of interest applied, the amount of service charges deducted, and the account balance for the
period in which the report is made.
The deleted text begin commissioner of management and budgetdeleted text end new text begin Minnesota Housing Finance Agencynew text end shall
credit the amount collected under this subdivision to the housing trust fund account
established in section 462A.201.
(c) The financial institution must promptly notify the commissioner if a draft drawn on
the account is dishonored. A draft is not dishonored if a stop payment order is requested by
an issuer who has a good faith defense to payment on the draft.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2023.
new text end
Sec. 56.
Minnesota Statutes 2020, section 118A.09, subdivision 1, is amended to read:
Subdivision 1.
Definition; qualifying government.
"Qualifying government" means:
(1) a county or statutory or home rule charter city with a population of more than 100,000;
(2) a county or statutory or home rule charter city deleted text begin which had its most recently issued
general obligation bonds rated in the highest category by a national bond rating agencydeleted text end new text begin
whose most recent long-term, senior, general obligation rating by one or more national
rating organizations in the prior 18-month period is AA or highernew text end ; or
(3) a self-insurance pool listed in section 471.982, subdivision 3.
A county or statutory or home rule charter city with a population of 100,000 or less that is
a qualifying government, but deleted text begin isdeleted text end subsequently deleted text begin rated less than the highest category by a
national bond rating agency on a general obligation bond issuedeleted text end new text begin does not meet the threshold
under clause (2)new text end , may not invest additional funds under this section but may continue to
manage funds previously invested under subdivision 2.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 57.
Minnesota Statutes 2020, section 118A.09, subdivision 2, is amended to read:
Subd. 2.
Additional investment authority.
Qualifying governments may invest the
amount described in subdivision 3:
(1) in index mutual funds based in the United States and indexed to a broad market
United States equity indexnew text begin , on the condition that index mutual fund investments must be
made directly with the main sales office of the fundnew text end ; or
(2) with the Minnesota State Board of Investment subject to such terms and minimum
amounts as may be adopted by the board. deleted text begin Index mutual fund investments must be made
directly with the main sales office of the fund.
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 58.
new text begin
[118A.10] SELF-INSURANCE POOLS; ADDITIONAL INVESTMENT
AUTHORITY.
new text end
new text begin Subdivision 1. new text end
new text begin Definition. new text end
new text begin
For the purposes of this section, "qualifying government"
means a self-insurance pool formed under section 471.982.
new text end
new text begin Subd. 2. new text end
new text begin Additional investment authority. new text end
new text begin
A qualifying government may invest in the
securities specified in section 11A.24.
new text end
new text begin Subd. 3. new text end
new text begin Approval. new text end
new text begin
Before investing pursuant to this section, the governing body of a
qualifying government must adopt an investment policy pursuant to a resolution that includes
both of the following statements:
new text end
new text begin
(1) the governing body understands that investments under this section have a risk of
loss; and
new text end
new text begin
(2) the governing body understands the type of funds that are being invested and the
specific investment itself.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 59.
Minnesota Statutes 2020, section 136F.02, subdivision 1, is amended to read:
Subdivision 1.
Membership.
new text begin (a) new text end The board consists of 15 members appointed by the
governor, including three members who are students who have attended an institution for
at least one year and are enrolled at the time of appointment at least half time in a degree,
diploma, or certificate program in an institution governed by the board. The student members
shall include one member from a community college, one member from a state university,
and one member from a technical college. One member representing labor must be appointed
after considering the recommendations made under section 136F.045. The governor is not
bound by the recommendations. Appointments to the board are with the advice and consent
of the senate. At least one member of the board must be a resident of each congressional
district. All other members must be appointed to represent the state at large. In selecting
appointees, the governor must consider the needs of the board and the balance of the board
membership with respect to labor and business representation deleted text begin anddeleted text end new text begin ;new text end racial, gender, geographic,
and ethnic compositionnew text begin ; and occupation and experience. In selecting appointees, the governor
must consider the needs of the board for skills relevant to the governance of the Minnesota
State Colleges and Universities and the candidate's ability to discharge the responsibilities
of the boardnew text end .
new text begin (b) new text end A commissioner of a state agency may not serve as a member of the board.
Sec. 60.
Minnesota Statutes 2020, section 138.081, subdivision 3, is amended to read:
Subd. 3.
Administration of federal act.
The deleted text begin Department of Administrationdeleted text end new text begin Minnesota
Historical Societynew text end 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 deleted text begin 16deleted text end new text begin 54new text end , deleted text begin sections 469 to 469Cdeleted text end new text begin section 312501, as amendednew text end , insofar as the provisions of
the act provide for implementation by the state.
Sec. 61.
Minnesota Statutes 2020, section 138.665, subdivision 2, is amended to read:
Subd. 2.
Mediationnew text begin ; consultationnew text end .
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 deleted text begin society'sdeleted text end new text begin
State Historic Preservation Office'snew text end 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 deleted text begin who is not an employee of the Minnesota
Historical Societydeleted text end appointed by the director of thenew text begin Minnesota Historicalnew text end Society. The two
appointees of the governor and deleted text begin the onedeleted text end 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. 62.
Minnesota Statutes 2020, section 161.1419, subdivision 2, is amended to read:
Subd. 2.
Members.
(a) The commission shall be composed of 15 members of whom:
(1) one shall be appointed by the commissioner of transportation;
(2) one shall be appointed by the commissioner of natural resources;
(3) one shall be appointed by the director of Explore Minnesota Tourism;
(4) one shall be appointed by the commissioner of agriculture;
(5) one shall be appointed by the director of the Minnesota Historical Society;
(6) two shall be members of the senate to be appointed by the Committee on Committees;
(7) two shall be members of the house of representatives to be appointed by the speaker;
(8) one shall be the secretary appointed pursuant to subdivision 3; and
(9) five shall be citizen members appointed new text begin to staggered four-year terms new text end by new text begin the
commission after receiving recommendations from new text end five citizen committees established by
the members appointed under clauses (1) to (8), with each citizen committee established
within and representing each of the following geographic segments along the Mississippi
River:
(i) Lake Itasca to but not including the city of Grand Rapids;
(ii) Grand Rapids to but not including the city of Brainerd;
(iii) Brainerd to but not including the city of Elk River;
(iv) Elk River to but not including the city of Hastings; and
(v) Hastings to the Iowa border.
Each citizen deleted text begin committeedeleted text end member shall be a resident of the geographic segment that the
deleted text begin committee anddeleted text end member represents.
(b) The members of the commission new text begin appointed in paragraph (a), clauses (1) to (8), new text end shall
serve for a term expiring at the close of each regular session of the legislature and until their
successors are appointed.
new text begin (c) new text end Successor members shall be appointed by the same appointing authorities. Members
may be reappointed. Any vacancy shall be filled by the appointing authority. The
commissioner of transportation, the commissioner of natural resources, and the director of
the Minnesota Historical Society shall be ex officio members, and shall be in addition to
the 15 members heretofore provided for. Immediately upon making the appointments to the
commission the appointing authorities shall so notify the Mississippi River Parkway
Commission, hereinafter called the National Commission, giving the names and addresses
of the members so appointed.
Sec. 63.
Minnesota Statutes 2020, section 307.08, as amended by Laws 2021, chapter 31,
article 2, section 16, is amended to read:
307.08 DAMAGES; ILLEGAL MOLESTATION OF HUMAN REMAINS;
BURIALS; CEMETERIES; PENALTY; AUTHENTICATION.
Subdivision 1.
Legislative intent; scope.
It is a declaration and statement of legislative
intent that all human burials, human remains, and human burial grounds shall be accorded
equal treatment and respect for human dignity without reference to their ethnic origins,
cultural backgrounds, or religious affiliations. The provisions of this section shall apply to
all human burials, human remains, or human burial grounds found on or in all public or
private lands or waters in Minnesota.new text begin Nothing in this section should be interpreted to conflict
with federal law, including the Native American Graves Protection and Repatriation Act
(NAGPRA), 25 United States Code 3001 et seq. and its implementing regulations, 43 Code
of Federal Regulations, part 10.
new text end
Subd. 2.
Felony; gross misdemeanor.
(a) A person who intentionally, willfully, and
knowingly does any of the following is guilty of a felony:
(1) destroys, mutilates, or injures human burials or human burial grounds; or
(2) without the consent of the appropriate authority, disturbs human burial grounds or
removes human remains.
(b) A person who, without the consent of the appropriate authority and the landowner,
intentionally, willfully, and knowingly does any of the following is guilty of a gross
misdemeanor:
(1) removes any tombstone, monument, or structure placed in any public or private
cemetery or authenticated human burial ground; or
(2) removes any fence, railing, or other work erected for protection or ornament, or any
tree, shrub, or plant or grave goods and artifacts within the limits of a public or private
cemetery or authenticated human burial ground; or
(3) discharges any firearms upon or over the grounds of any public or private cemetery
or authenticated burial ground.
Subd. 3.
Protective posting.
Upon the agreement of the appropriate authority and the
landowner, an authenticated or recorded human burial ground may be posted for protective
purposes every 75 feet around its perimeter with signs listing the activities prohibited by
subdivision 2 and the penalty for violation of it. Posting is at the discretion of the Indian
affairs council in the case ofnew text begin Americannew text end Indian burials or at the discretion of the state
archaeologist in the case of deleted text begin non-Indiandeleted text end new text begin non-American Indiannew text end burials. This subdivision does
not require posting of a burial ground. The size, description, location, and information on
the signs used for protective posting must be approved by the appropriate authority and the
landowner.
Subd. 3a.
Authentication.
The state archaeologist shall authenticate all burial grounds
for purposes of this section. The state archaeologist may retain the services of a qualified
professional archaeologist, a qualified physical anthropologist, or other appropriate experts
for the purpose of gathering information that the state archaeologist can use to authenticate
or identify burial grounds. If probablenew text begin Americannew text end Indian burial grounds are to be deleted text begin disturbed
or probable Indian remainsdeleted text end analyzed,new text begin investigated, or disturbed,new text end the Indian Affairs Council
must approve the professional archaeologist, qualified anthropologist, or other appropriate
expert. Authentication is at the discretion of the state archaeologist based on the needs
identified in this section or upon request by an agency, a landowner, or other appropriate
authority.new text begin The state archaeologist shall implement and maintain a system of records
identifying the location of known, recorded, or suspected cemeteries. The state archaeologist
shall provide access to the records as provided in subdivision 11.
new text end
Subd. 5.
Costdeleted text begin ; use of datadeleted text end .
The cost of authentication, recording, surveying, and marking
burial grounds and the cost of identification, analysis, rescue, and reburial of human remains
on public lands or waters shall be the responsibility of the state or political subdivision
controlling the lands or waters. On private lands or waters these costs shall be borne by the
state, but may be borne by the landowner upon mutual agreement with the state. deleted text begin The state
archaeologist must make the data collected for this activity available using standards adopted
by the Department of Information Technology Services and geospatial technology standards
and guidelines published by the Minnesota Geospatial Information Office. Costs associated
with this data delivery must be borne by the state.
deleted text end
Subd. 7.
Remains found outside of recorded cemeteries.
new text begin (a) new text end All unidentified human
remains or burials found outside of recorded cemeteries or unplatted graves or burials found
within recorded cemeteries and in contexts which indicate antiquity greater than 50 years
shall benew text begin treated with the utmost respect for all human dignity andnew text end dealt with according to
the provisions of this section.
new text begin (b)new text end If such burials are notnew text begin Americannew text end Indian or their ethnic identity cannot be ascertained,
as determined by the state archaeologist, they shall be dealt with in accordance with
provisions established by the state archaeologist and other appropriate authority.
new text begin (c)new text end If such burials arenew text begin Americannew text end Indian, as determined by the state archaeologistnew text begin and
Indian Affairs Councilnew text end , efforts shall be made deleted text begin by the state archaeologist and the Indian Affairs
Council to ascertain their tribal identitydeleted text end new text begin to follow procedures as defined in 25 United States
Code 3001 et seq. and its implementing regulations, 43 Code of Federal Regulations, part
10new text end . deleted text begin If their probable tribal identity can be determined and the remains have been removed
from their original context, such remains shall be turned over to contemporary tribal leaders
for disposition. If tribal identity cannot be determined, the Indian remains must be dealt
with in accordance with provisions established by the state archaeologist and the Indian
Affairs Council if they are from public land. If removed Indian remains are from private
land they shall be dealt with in accordance with provisions established by the Indian Affairs
Council. If it is deemed desirable by the state archaeologist or the Indian Affairs Council,
removed remains shall be studied in a timely and respectful manner by a qualified
professional archaeologist or a qualified physical anthropologist before being delivered to
tribal leaders or before being reburied. Application by a landowner for permission to develop
or disturb nonburial areas within authenticated or recorded burial grounds shall be made to
the state archaeologist and other appropriate authority in the case of non-Indian burials and
to the Indian Affairs Council and other appropriate authority in the case of Indian burials.
Landowners with authenticated or suspected human burial grounds on their property are
obligated to inform prospective buyers of the burial ground.
deleted text end
new text begin Subd. 7a. new text end
new text begin Landowner responsibilities. new text end
new text begin
(a) Application by a landowner for permission
to develop or disturb nonburial areas within authenticated or recorded burial grounds shall
be made to:
new text end
new text begin
(1) the state archaeologist and other appropriate authority in the case of non-American
Indian burials; and
new text end
new text begin
(2) the Indian Affairs Council and other appropriate authority in the case of American
Indian burials.
new text end
new text begin
(b) Landowners with authenticated or suspected human burial grounds on their property
are obligated to inform prospective buyers of the burial ground.
new text end
Subd. 8.
Burial ground relocation.
No deleted text begin non-Indiandeleted text end new text begin non-American Indiannew text end burial ground
may be relocated without the consent of the appropriate authority. Nonew text begin Americannew text end Indian
burial ground may be relocated unless the request to relocate is approved by the Indian
Affairs Council. When a burial ground is located on public lands or waters, any burial
relocations must be duly licensed under section 138.36 and the cost of removal is the
responsibility of and shall be paid by the state or political subdivision controlling the lands
or waters. If burial grounds are authenticated on private lands, efforts may be made by the
state to purchase and protect them instead of removing them to another location.
Subd. 9.
Interagency cooperation.
new text begin
(a) The state archaeologist and the Indian Affairs
Council shall enter into a memorandum of understanding to coordinate their responsibilities
under this section.
new text end
new text begin (b) new text end The Department of Natural Resources, the Department of Transportation, and all
other state agencies and local governmental units whose activities may be affected, shall
cooperate with the state archaeologist and the Indian Affairs Council to carry out the
provisions of this section.
Subd. 10.
Construction and development plan review.
When human burials are known
or suspected to exist, on public lands or waters, the state or political subdivision controlling
the lands or waters or, in the case of private lands, the landowner or developer, shall submit
construction and development plans to the state archaeologist for review prior to the time
deleted text begin bids are advertiseddeleted text end new text begin development is proposednew text end and prior to any disturbance within the burial
area. If the known or suspected burials are thought to benew text begin Americannew text end Indian, plans shall also
be submitted to the Indian Affairs Council. The state archaeologist and the Indian Affairs
Council shall review the plans within deleted text begin 30deleted text end new text begin 45new text end days of receipt and make recommendations for
the preservation in place or removal of the human burials or remains, which may be
endangered by construction or development activities.
Subd. 11.
Burial sites data.
new text begin (a) new text end Burial sites deleted text begin locational and relateddeleted text end data deleted text begin maintained bydeleted text end new text begin
under the authority ofnew text end the Office of the State Archaeologist deleted text begin and accessible through the
office's "Unplatted Burial Sites and Earthworks in Minnesota" websitedeleted text end new text begin or Indian Affairs
Councilnew text end are security information for purposes of section 13.37. Persons who gain access to
deleted text begin thedeleted text end new text begin thisnew text end data deleted text begin maintained on the sitedeleted text end are subject to liability under section 13.08 and the penalty
established by section 13.09 if they improperly use or further disseminate the data.
Subd. 12.
Right of entry.
The state archaeologistnew text begin or designeenew text end may enter on property for
the purpose of authenticating burial sites.new text begin The Indian Affairs Council or a designated
representative of the Indian Affairs Council may enter on property for the purpose of
assessing, identifying, or authenticating American Indian cemeteries.new text end Only after obtaining
permission from the property owner or lessee, descendants of persons buried in burial
grounds covered by this section may enter the burial grounds for the purpose of conducting
religious or commemorative ceremonies. This right of entry must not unreasonably burden
property owners or unnecessarily restrict their use of the property.
Subd. 13.
Definitions.
As used in this section, the following terms have the meanings
given.
(a) "Abandoned cemetery" means a cemetery where the cemetery association has
disbanded or the cemetery is neglected and contains marked graves older than 50 years.
(b) "Appropriate authority" means:
(1) the trustees when the trustees have been legally defined to administer burial grounds;
(2) the Indian Affairs Council in the case ofnew text begin Americannew text end Indian burial grounds lacking
trustees;
(3) the county board in the case of abandoned cemeteries under section 306.243; and
(4) the state archaeologist in the case of deleted text begin non-Indiandeleted text end new text begin non-American Indiannew text end burial grounds
lacking trustees or not officially defined as abandoned.
(c) "Artifacts" means natural or artificial articles, objects, implements, or other items of
archaeological interest.
(d) "Authenticate" means to establish the presence of or high potential of human burials
or human skeletal remains being located in a discrete area, delimit the boundaries of human
burial grounds or graves, and attempt to determine the ethnic, cultural, or religious affiliation
of individuals interred.
(e) "Burial" means the organic remnants of the human body that were intentionally
interred as part of a mortuary process.
(f) "Burial ground" means a discrete location that is known to contain or has high potential
to contain human remains based on physical evidence, historical records, or reliable informant
accounts.
(g) "Cemetery" means a discrete location that is known to contain or intended to be used
for the interment of human remains.
(h) "Disturb" means any activity that deleted text begin significantlydeleted text end harms the physical integrity or setting
of a human burial or human burial ground.
(i) "Grave goods" means objects or artifacts directly associated with human burials or
human burial grounds that were placed as part of a mortuary ritual at the time of interment.
(j) "Human remains" means the deleted text begin calcified portion of the humandeleted text end bodynew text begin of a deceased person
in whole or in part, regardless of the state of decompositionnew text end , not including isolated teethdeleted text begin ,
or cremated remains deposited in a container or discrete featuredeleted text end .
(k) "Identification" means to analyze organic materials to attempt to determine if they
represent human remains and to attempt to establish the ethnic, cultural, or religious
affiliations of such remains.
(l) "Marked" means a burial that has a recognizable tombstone or obvious grave marker
in place or a legible sign identifying an area as a burial ground or cemetery.
(m) "Qualified physical anthropologist" means a specialist in identifying human remains
who holds an advanced degree in anthropology or a closely related field.
(n) "Qualified professional archaeologist" means an archaeologist who meets the United
States Secretary of the Interior's professional qualification standards in Code of Federal
Regulations, title 36, part 61, appendix A, or subsequent revisions.
(o) "Recorded cemetery" means a cemetery that has a surveyed plat filed in a county
recorder's office.
(p) "State" or "the state" means the state of Minnesota or an agency or official of the
state acting in an official capacity.
(q) "Trustees" means the recognized representatives of the original incorporators, board
of directors, or cemetery association.
Sec. 64.
Minnesota Statutes 2020, section 327C.095, subdivision 12, is amended to read:
Subd. 12.
Payment to the Minnesota manufactured home relocation trust fund.
(a)
If a manufactured home owner is required to move due to the conversion of all or a portion
of a manufactured home park to another use, the closure of a park, or cessation of use of
the land as a manufactured home park, the manufactured park owner shall, upon the change
in use, pay to the deleted text begin commissioner of management and budgetdeleted text end new text begin Minnesota Housing Finance
Agencynew text end for deposit in the Minnesota manufactured home relocation trust fund under section
462A.35, the lesser amount of the actual costs of moving or purchasing the manufactured
home approved by the neutral third party and paid by the Minnesota Housing Finance
Agency under subdivision 13, paragraph (a) or (e), or $3,250 for each single section
manufactured home, and $6,000 for each multisection manufactured home, for which a
manufactured home owner has made application for payment of relocation costs under
subdivision 13, paragraph (c). The manufactured home park owner shall make payments
required under this section to the Minnesota manufactured home relocation trust fund within
60 days of receipt of invoice from the neutral third party.
(b) A manufactured home park owner is not required to make the payment prescribed
under paragraph (a), nor is a manufactured home owner entitled to compensation under
subdivision 13, paragraph (a) or (e), if:
(1) the manufactured home park owner relocates the manufactured home owner to
another space in the manufactured home park or to another manufactured home park at the
park owner's expense;
(2) the manufactured home owner is vacating the premises and has informed the
manufactured home park owner or manager of this prior to the mailing date of the closure
statement under subdivision 1;
(3) a manufactured home owner has abandoned the manufactured home, or the
manufactured home owner is not current on the monthly lot rental, personal property taxes;
(4) the manufactured home owner has a pending eviction action for nonpayment of lot
rental amount under section 327C.09, which was filed against the manufactured home owner
prior to the mailing date of the closure statement under subdivision 1, and the writ of recovery
has been ordered by the district court;
(5) the conversion of all or a portion of a manufactured home park to another use, the
closure of a park, or cessation of use of the land as a manufactured home park is the result
of a taking or exercise of the power of eminent domain by a governmental entity or public
utility; or
(6) the owner of the manufactured home is not a resident of the manufactured home
park, as defined in section 327C.01, subdivision 9; the owner of the manufactured home is
a resident, but came to reside in the manufactured home park after the mailing date of the
closure statement under subdivision 1; or the owner of the manufactured home has not paid
the $15 assessment when due under paragraph (c).
(c) If the unencumbered fund balance in the manufactured home relocation trust fund
is less than $2,000,000 as of June 30 of each year, the deleted text begin commissioner of management and
budgetdeleted text end new text begin Minnesota Housing Finance Agencynew text end shall assess each manufactured home park
owner by mail the total amount of $15 for each licensed lot in their park, payable on or
before December 15 of that year. Failure to notify and timely assess the manufactured home
park owner by July 31 of any year shall waive the assessment and payment obligations of
the manufactured home park owner for that year. Together with said assessment notice,
each year the deleted text begin commissioner of management and budgetdeleted text end new text begin Minnesota Housing Finance Agencynew text end
shall prepare and distribute to park owners a letter explaining whether funds are being
collected for that year, information about the collection, an invoice for all licensed lots, a
notice for distribution to the residents, and a sample form for the park owners to collect
information on which park residents and lots have been accounted for. In a font no smaller
than 14-point, the notice provided by deleted text begin management and budgetdeleted text end new text begin the Minnesota Housing
Finance Agencynew text end for distribution to residents by the park owner will include the payment
deadline of October 31 and the following language: "THIS IS NOT AN OPTIONAL FEE.
IF YOU OWN A MANUFACTURED HOME ON A LOT YOU RENT IN A
MANUFACTURED HOME PARK, AND YOU RESIDE IN THAT HOME, YOU MUST
PAY WHEN PROVIDED NOTICE." If assessed under this paragraph, the park owner may
recoup the cost of the $15 assessment as a lump sum or as a monthly fee of no more than
$1.25 collected from park residents together with monthly lot rent as provided in section
327C.03, subdivision 6. If, by September 15, a park owner provides the notice to residents
for the $15 lump sum, a park owner may adjust payment for lots in their park that are vacant
or otherwise not eligible for contribution to the trust fund under section 327C.095, subdivision
12, paragraph (b), and for park residents who have not paid the $15 assessment when due
to the park owner by October 31, and deduct from the assessment accordingly. The
deleted text begin commissioner of management and budgetdeleted text end new text begin Minnesota Housing Finance Agencynew text end shall deposit
any payments in the Minnesota manufactured home relocation trust fund and deleted text begin provide to the
deleted text end deleted text begin Minnesota Housing Finance Agency by December 31, adeleted text end new text begin maintain an annualnew text end record for each
manufactured home park of the amount received for that park and the number of deductions
made for each of the following reasons: vacant lots, ineligible lots, and uncollected fees.
(d) This subdivision and subdivision 13, paragraph (c), clause (5), are enforceable by
the neutral third party, on behalf of the Minnesota Housing Finance Agency, or by action
in a court of appropriate jurisdiction. The court may award a prevailing party reasonable
attorney fees, court costs, and disbursements.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2023.
new text end
Sec. 65.
Minnesota Statutes 2020, section 327C.095, subdivision 13, is amended to read:
Subd. 13.
Change in use, relocation expenses; payments by park owner.
(a) If a
manufactured home owner is required to relocate due to the conversion of all or a portion
of a manufactured home park to another use, the closure of a manufactured home park, or
cessation of use of the land as a manufactured home park under subdivision 1, and the
manufactured home owner complies with the requirements of this section, the manufactured
home owner is entitled to payment from the Minnesota manufactured home relocation trust
fund equal to the manufactured home owner's actual relocation costs for relocating the
manufactured home to a new location within a 50-mile radius of the park that is being closed,
up to a maximum of $7,000 for a single-section and $12,500 for a multisection manufactured
home. The actual relocation costs must include the reasonable cost of taking down, moving,
and setting up the manufactured home, including equipment rental, utility connection and
disconnection charges, minor repairs, modifications necessary for transportation of the
home, necessary moving permits and insurance, moving costs for any appurtenances, which
meet applicable local, state, and federal building and construction codes.
(b) A manufactured home owner is not entitled to compensation under paragraph (a) if
the manufactured home park owner is not required to make a payment to the Minnesota
manufactured home relocation trust fund under subdivision 12, paragraph (b).
(c) Except as provided in paragraph (e), in order to obtain payment from the Minnesota
manufactured home relocation trust fund, the manufactured home owner shall submit to the
neutral third party and the Minnesota Housing Finance Agency, with a copy to the park
owner, an application for payment, which includes:
(1) a copy of the closure statement under subdivision 1;
(2) a copy of the contract with a moving or towing contractor, which includes the
relocation costs for relocating the manufactured home;
(3) a statement with supporting materials of any additional relocation costs as outlined
in subdivision 1;
(4) a statement certifying that none of the exceptions to receipt of compensation under
subdivision 12, paragraph (b), apply to the manufactured home owner;
(5) a statement from the manufactured park owner that the lot rental is current and that
the annual $15 payment to the Minnesota manufactured home relocation trust fund has been
paid when due; and
(6) a statement from the county where the manufactured home is located certifying that
personal property taxes for the manufactured home are paid through the end of that year.
(d) The neutral third party shall promptly process all payments for completed applications
within 14 days. If the neutral third party has acted reasonably and does not approve or deny
payment within 45 days after receipt of the information set forth in paragraph (c), the
payment is deemed approved. Upon approval and request by the neutral third party, the
Minnesota Housing Finance Agency shall issue two checks in equal amount for 50 percent
of the contract price payable to the mover and towing contractor for relocating the
manufactured home in the amount of the actual relocation cost, plus a check to the home
owner for additional certified costs associated with third-party vendors, that were necessary
in relocating the manufactured home. The moving or towing contractor shall receive 50
percent upon execution of the contract and 50 percent upon completion of the relocation
and approval by the manufactured home owner. The moving or towing contractor may not
apply the funds to any other purpose other than relocation of the manufactured home as
provided in the contract. A copy of the approval must be forwarded by the neutral third
party to the park owner with an invoice for payment of the amount specified in subdivision
12, paragraph (a).
(e) In lieu of collecting a relocation payment from the Minnesota manufactured home
relocation trust fund under paragraph (a), the manufactured home owner may collect an
amount from the fund after reasonable efforts to relocate the manufactured home have failed
due to the age or condition of the manufactured home, or because there are no manufactured
home parks willing or able to accept the manufactured home within a 25-mile radius. A
manufactured home owner may tender title of the manufactured home in the manufactured
home park to the manufactured home park owner, and collect an amount to be determined
by an independent appraisal. The appraiser must be agreed to by both the manufactured
home park owner and the manufactured home owner. If the appraised market value cannot
be determined, the tax market value, averaged over a period of five years, can be used as a
substitute. The maximum amount that may be reimbursed under the fund is $8,000 for a
single-section and $14,500 for a multisection manufactured home. The minimum amount
that may be reimbursed under the fund is $2,000 for a single section and $4,000 for a
multisection manufactured home. The manufactured home owner shall deliver to the
manufactured home park owner the current certificate of title to the manufactured home
duly endorsed by the owner of record, and valid releases of all liens shown on the certificate
of title, and a statement from the county where the manufactured home is located evidencing
that the personal property taxes have been paid. The manufactured home owner's application
for funds under this paragraph must include a document certifying that the manufactured
home cannot be relocated, that the lot rental is current, that the annual $15 payments to the
Minnesota manufactured home relocation trust fund have been paid when due, that the
manufactured home owner has chosen to tender title under this section, and that the park
owner agrees to make a payment to the deleted text begin commissioner of management and budgetdeleted text end new text begin Minnesota
Housing Finance Agencynew text end in the amount established in subdivision 12, paragraph (a), less
any documented costs submitted to the neutral third party, required for demolition and
removal of the home, and any debris or refuse left on the lot, not to exceed $1,500. The
manufactured home owner must also provide a copy of the certificate of title endorsed by
the owner of record, and certify to the neutral third party, with a copy to the park owner,
that none of the exceptions to receipt of compensation under subdivision 12, paragraph (b),
clauses (1) to (6), apply to the manufactured home owner, and that the home owner will
vacate the home within 60 days after receipt of payment or the date of park closure,
whichever is earlier, provided that the monthly lot rent is kept current.
(f) Notwithstanding paragraph (a), the manufactured home owner's compensation for
relocation costs from the fund under section 462A.35, is the greater of the amount provided
under this subdivision, or the amount under the local ordinance in effect on May 26, 2007,
that is applicable to the manufactured home owner. Nothing in this paragraph is intended
to increase the liability of the park owner.
(g) Neither the neutral third party nor the Minnesota Housing Finance Agency shall be
liable to any person for recovery if the funds in the Minnesota manufactured home relocation
trust fund are insufficient to pay the amounts claimed. The Minnesota Housing Finance
Agency shall keep a record of the time and date of its approval of payment to a claimant.
(h)(1) By October 15, 2019, the Minnesota Housing Finance Agency shall post on its
website and report to the chairs of the senate Finance Committee and house of representatives
Ways and Means Committee on the Minnesota manufactured home relocation trust fund,
including the account balance, payments to claimants, the amount of any advances to the
fund, the amount of any insufficiencies encountered during the previous calendar year, and
any itemized administrative charges or expenses deducted from the trust fund balance. If
sufficient funds become available, the Minnesota Housing Finance Agency shall pay the
manufactured home owner whose unpaid claim is the earliest by time and date of approval.
(2) Beginning in 2019, the Minnesota Housing Finance Agency shall post on its website
and report to the chairs of the senate Finance Committee and house of representatives Ways
and Means Committee by October 15 of each year on the Minnesota manufactured home
relocation trust fund, including the aggregate account balance, the aggregate assessment
payments received, summary information regarding each closed park including the total
payments to claimants and payments received from each closed park, the amount of any
advances to the fund, the amount of any insufficiencies encountered during the previous
fiscal year, reports of neutral third parties provided pursuant to subdivision 4, and any
itemized administrative charges or expenses deducted from the trust fund balance, all of
which should be reconciled to the previous year's trust fund balance. If sufficient funds
become available, the Minnesota Housing Finance Agency shall pay the manufactured home
owner whose unpaid claim is the earliest by time and date of approval.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2023.
new text end
Sec. 66.
Minnesota Statutes 2020, section 327C.095, subdivision 16, is amended to read:
Subd. 16.
Reporting of licensed manufactured home parks.
The Department of Health
or, if applicable, local units of government that have entered into a delegation of authority
agreement with the Department of Health as provided in section 145A.07 shall provide, by
March 31 of each year, a list of names and addresses of the manufactured home parks
licensed in the previous year, and for each manufactured home park, the current licensed
owner, the owner's address, the number of licensed manufactured home lots, and other data
as they may request for the deleted text begin Department of Management and Budgetdeleted text end new text begin Minnesota Housing
Finance Agencynew text end to invoice each licensed manufactured home park in Minnesota.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2023.
new text end
Sec. 67.
new text begin
[412.925] NATIVE LANDSCAPES.
new text end
new text begin
(a) A statutory city or home rule charter city shall allow an owner, authorized agent, or
authorized occupant of any privately owned lands or premises, to install and maintain a
managed natural landscape. For purposes of this section, the terms are defined as follows:
new text end
new text begin
(1) "managed natural landscape" means a planned, intentional, and maintained planting
of native or nonnative grasses, wildflowers, forbs, ferns, shrubs, or trees, including but not
limited to rain gardens, meadow vegetation, and ornamental plants. Managed natural
landscapes does not include turf-grass lawns left unattended for the purpose of returning to
a natural state;
new text end
new text begin
(2) "meadow vegetation" means grasses and flowering broad-leaf plants that are native
to, or adapted to, the state of Minnesota and that are commonly found in meadow and prairie
plant communities, not including noxious weeds. Noxious weed shall have the meaning in
section 18.77, subdivision 8;
new text end
new text begin
(3) "ornamental plants" means grasses, perennials, annuals, and groundcovers purposely
planted for aesthetic reasons;
new text end
new text begin
(4) "rain garden" means a native plant garden that is designed not only to aesthetically
improve properties, but also to reduce the amount of stormwater and accompanying pollutants
from entering streams, lakes, and rivers; and
new text end
new text begin
(5) "turf-grass lawn" means a lawn comprised mostly of grasses commonly used in
regularly cut lawns or play areas, including but not limited to bluegrass, fescue, and ryegrass
blends, intended to be maintained at a height of no more than eight inches.
new text end
new text begin
(b) Managed natural landscapes may include plants and grasses in excess of eight inches
in height and that have gone to seed, but may not include any noxious weeds and must be
maintained.
new text end
new text begin
(c) Except as part of a managed natural landscape as defined in this section, any weeds
or grasses growing upon any lot or parcel of land in a city to a greater height than eight
inches or that have gone or are about to go to seed are prohibited.
new text end
Sec. 68.
Minnesota Statutes 2020, section 645.44, subdivision 5, is amended to read:
Subd. 5.
Holiday.
"Holiday" includes New Year's Day, January 1; Martin Luther King's
Birthday, the third Monday in January; Washington's and Lincoln's Birthday, the third
Monday in February; Memorial Day, the last Monday in May;new text begin Juneteenth, June 19;new text end
Independence Day, July 4; Labor Day, the first Monday in September; Christopher Columbus
Day, the second Monday in October; Veterans Day, November 11; Thanksgiving Day, the
fourth Thursday in November; and Christmas Day, December 25; provided, when New
Year's Day, January 1;new text begin or Juneteenth, June 19;new text end or Independence Day, July 4; or Veterans
Day, November 11; or Christmas Day, December 25; falls on Sunday, the following day
shall be a holiday and, provided, when New Year's Day, January 1;new text begin or Juneteenth, June 19;new text end
or Independence Day, July 4; or Veterans Day, November 11; or Christmas Day, December
25; falls on Saturday, the preceding day shall be a holiday. No public business shall be
transacted on any holiday, except in cases of necessity and except in cases of public business
transacted by the legislature, nor shall any civil process be served thereon. However, for
the executive branch of the state of Minnesota, "holiday" also includes the Friday after
Thanksgiving but does not include Christopher Columbus Day. Other branches of state
government and political subdivisions shall have the option of determining whether
Christopher Columbus Day and the Friday after Thanksgiving shall be holidays. Where it
is determined that Columbus Day or the Friday after Thanksgiving is not a holiday, public
business may be conducted thereon.
Any agreement between a public employer and an employee organization citing Veterans
Day as the fourth Monday in October shall be amended to cite Veterans Day as November
11.
Sec. 69. new text begin CANCELLATION OF DEBT RELATED TO MILITARY SALARY
DIFFERENTIAL OVERPAYMENTS.
new text end
new text begin
Notwithstanding any other law to the contrary, any debt incurred prior to the effective
date of this section by a current or former state employee on account of overpayment of
military salary differential under Minnesota Statutes, section 43A.183, is canceled.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 70. new text begin DEPARTMENT OF IRON RANGE RESOURCES AND
REHABILITATION; SEPARATION AND RETENTION INCENTIVE PROGRAM
AUTHORIZATION.
new text end
new text begin
The commissioner of Iron Range resources and rehabilitation may provide separation
and retention incentive programs for employees of the department that are consistent with
the provisions of Laws 2009, chapter 78, article 7, section 2, as amended by Laws 2010,
chapter 215, article 9, section 2, and Laws 2010, chapter 216, section 53. The cost of such
incentives are payable solely by funds made available to the commissioner under Minnesota
Statutes, chapter 298. Employees are not required to participate in the programs.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 71. new text begin OFFICE OF SMALL AGENCIES STUDY.
new text end
new text begin Subdivision 1. new text end
new text begin Study; requirements. new text end
new text begin
The commissioner of administration must review
the unique issues faced by small agencies other than the departments of the state government
as designated in Minnesota Statutes, section 15.01. Small agencies include boards,
commissions, councils, task forces, and authorities. The commissioner must assess whether
the current support model provides adequate support for the small agencies as well as the
volunteer board members. The study must examine how other states support their small
agencies and provide recommendations on how to most effectively support small agencies
in delivery of important functions of government.
new text end
new text begin Subd. 2. new text end
new text begin Report. new text end
new text begin
By February 1, 2023, the commissioner of administration must submit
the findings and recommendations of the study to the governor and the chairs and ranking
minority members of the legislative committees with primary jurisdiction over state
government.
new text end
Sec. 72. new text begin STATE EMBLEMS REDESIGN COMMISSION.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment. new text end
new text begin
The State Emblems Redesign Commission is established.
The purpose of the commission is to develop, design, and recommend to the legislature and
governor new designs for the official state flag and the official state seal no later than January
1, 2023.
new text end
new text begin Subd. 2. new text end
new text begin Membership; meetings. new text end
new text begin
(a) The commission consists of the following members:
new text end
new text begin
(1) three members of the public, appointed by the governor;
new text end
new text begin
(2) two members of the house of representatives, one each appointed by the speaker of
the house and the minority leader of the house;
new text end
new text begin
(3) two members of the senate, one representing the majority caucus and one representing
the minority caucus, appointed by the Subcommittee on Committees of the Senate Committee
on Rules and Administration;
new text end
new text begin
(4) one member appointed by the Council for Minnesotans of African Heritage;
new text end
new text begin
(5) one member appointed by the Minnesota Council on Latino Affairs;
new text end
new text begin
(6) one member appointed by the Council on Asian-Pacific Minnesotans; and
new text end
new text begin
(7) two members appointed by the Indian Affairs Council.
new text end
new text begin
(b) The following serve as ex-officio, nonvoting members of the commission:
new text end
new text begin
(1) the secretary of state or the secretary's designee;
new text end
new text begin
(2) the executive director of the Minnesota Historical Society or the director's designee;
new text end
new text begin
(3) the chair of the Capitol Area Architectural and Planning Board or the chair's designee;
new text end
new text begin
(4) the chair of the Minnesota Arts Board or the chair's designee; and
new text end
new text begin
(5) the executive director of Explore Minnesota Tourism or the director's designee.
new text end
new text begin
(c) Appointments to the commission must be made no later than August 1, 2022. The
voting members of the commission shall elect a chair and vice-chair. An appointee designated
by the governor shall convene the commission's first meeting. Decisions of the commission
must be made by majority vote. The Minnesota Historical Society must provide office space
and administrative support to the commission.
new text end
new text begin Subd. 3. new text end
new text begin Meetings. new text end
new text begin
Meetings of the commission are subject to Minnesota Statutes,
chapter 13D.
new text end
new text begin Subd. 4. new text end
new text begin Duties; form and style of recommended state emblems. new text end
new text begin
The commission
shall develop, design, and recommend to the legislature and governor a new design for the
official state seal and a new design for the official state flag. The designs must accurately
and respectfully reflect Minnesota's shared history, resources, and diverse cultural
communities. Symbols, emblems, or likenesses that represent only a single community or
person, regardless of whether real or stylized, may not be included in a design. The
commission may solicit and secure the voluntary service and aid of vexillologists and other
persons who have either technical or artistic skill in flag construction and design, or the
design of official seals, to assist in the work. The commission must also solicit public
feedback and suggestions to inform its work.
new text end
new text begin Subd. 5. new text end
new text begin Report. new text end
new text begin
The commission shall make its recommendation in a report to the
legislature and governor no later than January 1, 2023. In addition to the recommended
designs, the commission's report must describe the symbols and other meanings incorporated
in the design. The commission expires upon submission of its report.
new text end
Sec. 73. new text begin LEGISLATIVE ACTION; RETIREMENT OF CURRENT OFFICIAL
SEAL AND FLAG.
new text end
new text begin
The legislature intends to hold necessary votes on adoption of the State Emblems
Redesign Commission's recommended designs during the 2023 regular session in an effort
to ensure that a new official state seal and a new official state flag may each be adopted and
become effective no later than May 11, 2023. The legislature is encouraged to adopt
procedures that allow for the current official state flag and official state seal to be retired
and replaced in a respectful manner, and its history preserved in an appropriate location on
the State Capitol complex.
new text end
Sec. 74. new text begin LEGISLATIVE TASK FORCE ON AGING.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment. new text end
new text begin
A legislative task force is established to examine whether
a state department on aging is necessary to:
new text end
new text begin
(1) develop plans for the aging and workforce demographics;
new text end
new text begin
(2) develop and guide restructuring of state and local policy, programs, and funding that
is aimed at healthy aging in the community;
new text end
new text begin
(3) coordinate public, private, and independent sector endeavors for renovating
system-based solutions that cover all major areas of the aging life experience, such as health,
human services, housing, transportation, consumer affairs, employment and economic
security, and business development;
new text end
new text begin
(4) focus state resources on aging visibility and developing priorities for an aging
demographic;
new text end
new text begin
(5) develop measurable outcomes to address aging priorities while accounting for
infrastructure differences such as transportation, Internet, and cell phone service across
urban and rural localities;
new text end
new text begin
(6) support an aging population through statewide and local endeavors for people to
remain in their communities; and
new text end
new text begin
(7) ensure all aging-related policies are inclusive of race, ethnicity, culture, geography,
sexual orientation, abilities, and other characteristics that reflect the full population of the
state.
new text end
new text begin Subd. 2. new text end
new text begin Duties. new text end
new text begin
The task force review shall include but is not limited to:
new text end
new text begin
(1) all current aging-related governmental functions, programs, and services across all
state departments;
new text end
new text begin
(2) the potential for public and private savings resulting from developing a state
department on aging that leads and implements aging policies across all state agencies and
departments;
new text end
new text begin
(3) current public strategies to plan and execute policies and funding statewide including:
new text end
new text begin
(i) redefining work and retirement;
new text end
new text begin
(ii) supporting caregivers of all ages;
new text end
new text begin
(iii) sustaining neighborhoods and communities;
new text end
new text begin
(iv) improving delivery systems for health care and long-term care services; and
new text end
new text begin
(v) integrating the Minnesota Age Friendly Council;
new text end
new text begin
(4) the necessity for planning and economic development for aging in the state to address:
new text end
new text begin
(i) recognition of longevity and the impact it has on economics, the workforce, advancing
technology and innovations, and perception of what it means to age;
new text end
new text begin
(ii) creating and integrating housing, land-use, transportation, economic, social service,
and health systems that support a high quality of life for individuals of all ages and abilities;
new text end
new text begin
(iii) a multigenerational plan to reduce statewide risk of social isolation, poverty, declining
health, and poor economic well-being;
new text end
new text begin
(iv) long-term and sustainable systems change that will address transportation needs at
the scale needed for an aging population;
new text end
new text begin
(v) developing markets for financial products that allow older adults to safely access the
equity in their homes;
new text end
new text begin
(vi) increasing the availability of affordable rental housing;
new text end
new text begin
(vii) increasing coordination between health services and housing supports; and
new text end
new text begin
(viii) integrating aging in the community across the range of state and federal programs;
and
new text end
new text begin
(5) coordinating the review of aging issues across all state agencies, Tribal nations, cities,
counties, businesses, and neighborhoods.
new text end
new text begin Subd. 3. new text end
new text begin Membership. new text end
new text begin
(a) The task force shall include the following members:
new text end
new text begin
(1) two members from the house of representatives, one appointed by the speaker of the
house and one appointed by the minority leader;
new text end
new text begin
(2) two members from the senate, one appointed by the majority leader and one appointed
by the minority leader;
new text end
new text begin
(3) the chair of the Minnesota Board on Aging, or a board member as designee;
new text end
new text begin
(4) the chair of the Minnesota Council on Disabilities, or an agency employee as designee;
new text end
new text begin
(5) the chair of the Minnesota Indian Affairs Council, or a council member, except the
legislative council member, as designee; and
new text end
new text begin
(6) the director of the University of Minnesota Center for Healthy Aging and Innovation,
or a University of Minnesota employee as a designee.
new text end
new text begin
(b) The speaker of the house and the senate majority leader shall appoint a chair and a
vice-chair for the membership of the task force. The chair and the vice-chair shall rotate
after each meeting.
new text end
new text begin
(c) The task force shall expire June 1, 2026.
new text end
new text begin Subd. 4. new text end
new text begin Meetings. new text end
new text begin
(a) The task force shall meet at least once per month. The meetings
shall take place in person in the Capitol Complex. If the Capitol Complex is closed to the
public, the meetings shall be held remotely by video conference, telephone, or other remote
means.
new text end
new text begin
(b) The legislative member appointed as chair shall call the first monthly meeting no
later than September 28, 2022.
new text end
new text begin Subd. 5. new text end
new text begin Expenses; per diem. new text end
new text begin
Members serving on the task force shall receive the
following per diem:
new text end
new text begin
(1) the Board on Aging task force member who is a volunteer citizen member shall
receive the per diem in Minnesota Statutes, section 15.059, subdivision 3;
new text end
new text begin
(2) the Council on Disability task force member shall not receive a per diem;
new text end
new text begin
(3) the Indian Affairs Council task force member who is a citizen member shall receive
the per diem in Minnesota Statutes, section 15.059, subdivision 3;
new text end
new text begin
(4) the University of Minnesota task force member shall not receive a per diem; and
new text end
new text begin
(5) legislative members on the task force shall receive the standard per diem allowed
during the legislature's interim period.
new text end
new text begin Subd. 6. new text end
new text begin Report. new text end
new text begin
The task force shall submit a report with recommendations to the chairs
and ranking minority members of the legislative committees with jurisdiction over health
and human services finance and policy and state government by May 30, 2026.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 75. new text begin ADVISORY COMMITTEE ON SERVICE WORKER STANDARDS.
new text end
new text begin
The commissioner of management and budget shall convene an advisory committee to
review and make recommendations regarding updates and clarifications to the service worker
class specifications under Minnesota Statutes, section 43A.071. By January 15, 2023, the
commissioner shall report to the legislative committees with jurisdiction over state
government employees on recommendations for changes to Minnesota Statutes, section
43A.071.
new text end
Sec. 76. new text begin MISSISSIPPI RIVER PARKWAY COMMISSION; CITIZEN MEMBERS.
new text end
new text begin
Citizens currently appointed to the Mississippi River Parkway Commission under
Minnesota Statutes, section 161.1419, subdivision 2, serve terms as follows:
new text end
new text begin
(1) Lake Itasca, to but not including the city of Grand Rapids, for a term ending December
31, 2025;
new text end
new text begin
(2) Grand Rapids, to but not including the city of Brainerd, for a term ending December
31, 2025;
new text end
new text begin
(3) Brainerd, to but not including the city of Elk River, for a term ending December 31,
2025;
new text end
new text begin
(4) Elk River, to but not including the city of Hastings, for a term ending December 31,
2025; and
new text end
new text begin
(5) Hastings, to the Iowa border, for a term ending December 31, 2025.
new text end
Sec. 77. new text begin REVISOR INSTRUCTION.
new text end
new text begin
(a) The revisor of statutes in coordination with Senate Counsel, Research and Fiscal
Analysis and the House Research Department shall conduct a study of Minnesota Statutes
and Minnesota Rules to determine compliance with the provisions of the Equal Rights
Amendment to the United States Constitution, specifically focusing on a review of
sex-specific language and sex-specific treatments or requirements.
new text end
new text begin
(b) The revisor of statutes in coordination with Senate Counsel, Research and Fiscal
Analysis and the House Research Department shall prepare a bill for the 2023 legislative
session correcting any language in conflict with the Equal Rights Amendment.
new text end
Sec. 78. new text begin REPEALER.
new text end
new text begin Subdivision 1. new text end
new text begin Critical IT Infrastructure. new text end
new text begin
Minnesota Statutes 2020, section 12.03,
subdivision 5d,
new text end
new text begin
is repealed.
new text end
new text begin Subd. 2. new text end
new text begin State emblems. new text end
new text begin
Minnesota Statutes 2020, sections 1.135; and 1.141,
new text end
new text begin
are repealed
effective May 11, 2023.
new text end
new text begin Subd. 3. new text end
new text begin Trustee Candidate Advisory Council. new text end
new text begin
Minnesota Statutes 2020, section
136F.03,
new text end
new text begin
is repealed.
new text end
new text begin Subd. 4. new text end
new text begin Office of Collaboration and Dispute Resolution. new text end
new text begin
Minnesota Statutes 2020,
sections 179.90; and 179.91,
new text end
new text begin
are repealed.
new text end
ARTICLE 3
CAMPAIGN FINANCE AND ELECTIONS
Section 1.
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 deleted text begin thedeleted text end new text begin anew text end program participant is located deleted text begin anddeleted text end new text begin . Upon making
a precinct determination, the secretary of statenew text end shallnew text begin either (1)new text end request from and receive from
the county auditor or other election official the ballot for that precinct and deleted text begin shall forwarddeleted text end new text begin
mailnew text end the absentee ballot to the program participant deleted text begin with the otherdeleted text end new text begin , 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 correspondingnew text end 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. 2.
Minnesota Statutes 2021 Supplement, section 10A.01, subdivision 16a, is amended
to read:
Subd. 16a.
Expressly advocating.
"Expressly advocating" meansnew text begin :
new text end
new text begin (1)new text end that a communication clearly identifies a candidate or a local candidate and uses
words or phrases of express advocacydeleted text begin .deleted text end new text begin ; or
new text end
new text begin
(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.
new text end
Sec. 3.
Minnesota Statutes 2020, section 10A.273, subdivision 1, is amended to read:
Subdivision 1.
Contributions during legislative session.
(a) A candidate for the
legislature or for constitutional office, the candidate's principal campaign committee, or a
political committee or party unit established by all or a part of the party organization within
a house of the legislature, must not solicit or accept a contribution from a registered lobbyist,
political committee, political fund, or an association not registered with the board during a
regular session of the legislature.
(b) A registered lobbyist, political committee, political fund, or an association not
registered with the board must not make a contribution to a candidate for the legislature or
for constitutional office, the candidate's principal campaign committee, or a political
committee or party unit established by all or a part of the party organization within a house
of the legislature during a regular session of the legislature.
new text begin
(c) A candidate for the legislature or for constitutional office, the candidate's principal
campaign committee, or a political committee or party unit established by all or a part of
the party organization within a house of the legislature must not solicit or accept, at any
time of year, a contribution from a registered lobbyist, political committee, political fund,
or an association not registered with the board, if in exchange for the contribution:
new text end
new text begin
(1) a registered lobbyist or any other individual is granted special access to a meeting
room, hospitality area, or other event space where candidates for the legislature or for
constitutional office are likely to gather; and
new text end
new text begin
(2) the purpose of granting the special access is to facilitate informal meetings or
socialization with a candidate for the legislature or for constitutional office during a regular
or special session of the legislature.
new text end
new text begin
As used in this paragraph, "special access" means privileges to enter and use a space that
is not freely available to members of the public or that is subject to the discretionary approval
of the responsible candidate, principal campaign committee, or a political committee or
party unit established by all or part of the party organization within a house of the legislature.
A registered lobbyist, political committee, political fund, or an association not registered
with the board is prohibited from offering or making a contribution that may not be solicited
or accepted under this paragraph.
new text end
Sec. 4.
Minnesota Statutes 2020, section 201.061, subdivision 3, is amended to read:
Subd. 3.
Election day registration.
(a) An individual who is eligible to vote may register
on election day by appearing in person at the polling place for the precinct in which the
individual maintains residence, by completing a registration application, making an oath in
the form prescribed by the secretary of state and providing proof of residence. An individual
may prove residence for purposes of registering by:
(1) presenting a driver's license or Minnesota identification card issued pursuant to
section 171.07;
(2) presenting any document approved by the secretary of state as proper identification;
(3) presenting one of the following:
(i) a current valid student identification card from a postsecondary educational institution
in Minnesota, if a list of students from that institution has been prepared under section
135A.17 and certified to the county auditor in the manner provided in rules of the secretary
of state; or
(ii) a current student fee statement that contains the student's valid address in the precinct
together with a picture identification card; or
(4) having a voter who is registered to vote in the precinct, or an employee employed
by and working in a residential facility in the precinct and vouching for a resident in the
facility, sign an oath in the presence of the election judge vouching that the voter or employee
personally knows that the individual is a resident of the precinct. A voter who has been
vouched for on election day may not sign a proof of residence oath vouching for any other
individual on that election day. A voter who is registered to vote in the precinct may sign
up to eight proof-of-residence oaths on any election day. This limitation does not apply to
an employee of a residential facility described in this clause. The secretary of state shall
provide a form for election judges to use in recording the number of individuals for whom
a voter signs proof-of-residence oaths on election day. The form must include space for the
maximum number of individuals for whom a voter may sign proof-of-residence oaths. For
each proof-of-residence oath, the form must include a statement that the individual: (i) is
registered to vote in the precinct or is an employee of a residential facility in the precinct,
(ii) personally knows that the voter is a resident of the precinct, and (iii) is making the
statement on oath. The form must include a space for the voter's printed name, signature,
telephone number, and address.
The oath required by this subdivision and Minnesota Rules, part 8200.9939, must be
attached to the voter registration application.
(b) The operator of a residential facility shall prepare a list of the names of its employees
currently working in the residential facility and the address of the residential facility. The
operator shall certify the list and provide it to the appropriate county auditor no less than
20 days before each election for use in election day registration.
(c) "Residential facility" means transitional housing as defined in section 256E.33,
subdivision 1; a supervised living facility licensed by the commissioner of health under
section 144.50, subdivision 6; a nursing home as defined in section 144A.01, subdivision
5; deleted text begin a residence registered with the commissioner of health as a housing with services
establishment as defined in section 144D.01, subdivision 4deleted text end new text begin an assisted living facility licensed
by the commissioner of health under chapter 144Gnew text end ; a veterans home operated by the board
of directors of the Minnesota Veterans Homes under chapter 198; a residence licensed by
the commissioner of human services to provide a residential program as defined in section
245A.02, subdivision 14; a residential facility for persons with a developmental disability
licensed by the commissioner of human services under section 252.28; new text begin a new text end setting authorized
to provide housing support as defined in section 256I.03, subdivision 3; a shelter for battered
women as defined in section 611A.37, subdivision 4; deleted text begin ordeleted text end a supervised publicly or privately
operated shelter or dwelling designed to provide temporary living accommodations for the
homelessnew text begin ; a facility where a provider operates a residential treatment program as defined
in section 245.462, subdivision 23; or a facility where a provider operates an adult foster
care program as defined in section 245A.02, subdivision 6cnew text end .
(d) For tribal band members, an individual may prove residence for purposes of
registering by:
(1) presenting an identification card issued by the tribal government of a tribe recognized
by the Bureau of Indian Affairs, United States Department of the Interior, that contains the
name, address, signature, and picture of the individual; or
(2) presenting an identification card issued by the tribal government of a tribe recognized
by the Bureau of Indian Affairs, United States Department of the Interior, that contains the
name, signature, and picture of the individual and also presenting one of the documents
listed in Minnesota Rules, part 8200.5100, subpart 2, item B.
(e) A county, school district, or municipality may require that an election judge
responsible for election day registration initial each completed registration application.
Sec. 5.
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 e-mail address, if provided by the voter. The
electronic voter registration application must include the voter's e-mail 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 deleted text begin resideddeleted text end new text begin maintained residencenew text end 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; and
(8) have read and understand the following statement: that giving false information is a
felony punishable by not more than five years imprisonment or a fine of not more than
$10,000, or both."
The certification must include boxes for the voter to respond to the following questions:
"(1) Are you a citizen of the United States?" and
"(2) Will you be 18 years old on or before election day?"
And the instruction:
"If you checked 'no' to either of these questions, do not complete this form."
The form of the voter registration application and the certification of voter eligibility
must be as provided in this subdivision and approved by the secretary of state. Voter
registration forms authorized by the National Voter Registration Act must also be accepted
as valid. The federal postcard application form must also be accepted as valid if it is not
deficient and the voter is eligible to register in Minnesota.
An individual may use a voter registration application to apply to register to vote in
Minnesota or to change information on an existing registration.
Sec. 6.
Minnesota Statutes 2020, section 201.071, subdivision 3, is amended to read:
Subd. 3.
Deficient registration.
deleted text begin Nodeleted text end new text begin (a) Anew text end voter registration application isnew text begin notnew text end deficient
if it contains the voter'snew text begin :
new text end
new text begin (1)new text end name, address, new text begin and new text end date of birthdeleted text begin ,deleted text end new text begin ;
new text end
new text begin (2)new text end current and valid Minnesota driver's license number deleted text begin ordeleted text end new text begin ,new text end Minnesota state identification
number, or deleted text begin if the voter has no current and valid Minnesota driver's license or Minnesota
state identification number,deleted text end the last four digits of the voter's Social Security numberdeleted text begin , if the
voter has been issued a Social Security number,deleted text end new text begin ;
new text end
new text begin (3)new text end prior registration, if anydeleted text begin ,deleted text end new text begin ;new text end and
new text begin (4)new text end signature.
new text begin
(b) A voter registration application is not deficient due to any of the following:
new text end
new text begin (1)new text end the absence of a zip code number deleted text begin does not cause the registration to be deficient.deleted text end new text begin ;
new text end
new text begin (2)new text end failure to check a box on an application form that a voter has certified to be true deleted text begin does
not cause the registration to be deficient. 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.deleted text end new text begin ; or
new text end
new text begin
(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.
new text end
new text begin (c) new text end A voter registration applicationnew text begin :
new text end
new text begin (1)new text end 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
deficientdeleted text begin .deleted text end new text begin ; and
new text end
deleted text begin
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.
deleted text end
deleted text begin
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.
deleted text end
deleted text begin A voter registration applicationdeleted text end new text begin (2)new text end 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.
new text begin
(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.
new text end
Sec. 7.
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 deleted text begin residesdeleted text end new text begin maintains residencenew text end .
Sec. 8.
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 deleted text begin sevendeleted text end new text begin 14new text end days before each election.
Sec. 9.
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 deleted text begin residesdeleted text end new text begin
maintains residencenew text end 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. 10.
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.
(b) If the address is changed to another address in this state, the secretary of state shall
locate the precinct in which the voter deleted text begin residesdeleted text end new text begin maintains residencenew text end , if possible. If the secretary
of state is able to locate the precinct in which the voter deleted text begin residesdeleted text end new text begin maintains residencenew text end , 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
deleted text begin resideddeleted text end new text begin maintained residencenew text end 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.
Sec. 11.
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 deleted text begin residedeleted text end new text begin maintain residencenew text end 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. 12.
Minnesota Statutes 2021 Supplement, 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;
(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 deleted text begin residesdeleted text end new text begin maintains residencenew text end 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 Department of Information
Technology 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. 13.
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 deleted text begin residesdeleted text end new text begin maintains residencenew text end at the time of the caucus.
Sec. 14.
Minnesota Statutes 2020, section 203B.01, is amended by adding a subdivision
to read:
new text begin Subd. 5. new text end
new text begin Utility worker. new text end
new text begin
"Utility worker" means an employee of a public utility as
defined by section 216B.02, subdivision 4.
new text end
Sec. 15.
Minnesota Statutes 2020, section 203B.02, is amended by adding a subdivision
to read:
new text begin Subd. 4. new text end
new text begin Emergency response providers. new text end
new text begin
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 203B.16 to 203B.27.
new text end
Sec. 16.
Minnesota Statutes 2020, section 203B.07, subdivision 1, is amended to read:
Subdivision 1.
Delivery of envelopes, directions.
The county auditor or the municipal
clerk shall prepare, print, and transmit a return envelope, new text begin a signature envelope, new text end a deleted text begin ballotdeleted text end new text begin
secrecynew text end envelope, and a copy of the directions for casting an absentee ballot to each applicant
whose application for absentee ballots is accepted pursuant to section 203B.04. The county
auditor or municipal clerk shall provide first class postage for the return envelope. The
directions for casting an absentee ballot shall be printed in at least 14-point bold type with
heavy leading and may be printed on the deleted text begin ballotdeleted text end new text begin secrecynew text end envelope. When a person requests
the directions in Braille or on audio file, the county auditor or municipal clerk shall provide
them in the form requested. The secretary of state shall prepare Braille and audio file copies
and make them available.
When a voter registration application is sent to the applicant as provided in section
203B.06, subdivision 4, the directions or registration application shall include instructions
for registering to vote.
Sec. 17.
Minnesota Statutes 2020, section 203B.07, subdivision 2, is amended to read:
Subd. 2.
Design of envelopes.
new text begin (a) new text end The deleted text begin returndeleted text end new text begin signaturenew text end envelope shall be of sufficient
size to conveniently enclose and contain the deleted text begin ballotdeleted text end new text begin secrecynew text end envelope and a folded voter
registration application. The deleted text begin returndeleted text end new text begin signaturenew text end envelope shall be designed to open on the
left-hand end.
new text begin (b) new text end The return envelope must be designed in one of the following ways:
(1) it must be of sufficient size to contain deleted text begin an additionaldeleted text end new text begin a signaturenew text end envelope deleted text begin that whendeleted text end new text begin
and when the return envelope isnew text end sealed, new text begin it new text end conceals the signature, identification, and other
information; or
(2) it must new text begin be the signature envelope and new text end provide an additional flap that when sealed,
conceals the signature, identification, and other information.
new text begin (c) new text end Election officials may open the flap or the deleted text begin additionaldeleted text end new text begin returnnew text end envelope at any time
after receiving the returned ballot to inspect the returned certificate for completeness or to
ascertain other information.
Sec. 18.
Minnesota Statutes 2020, section 203B.07, subdivision 3, is amended to read:
Subd. 3.
Eligibility certificate.
A certificate of eligibility to vote by absentee ballot
shall be printed on the back of the deleted text begin returndeleted text end new text begin signaturenew text end envelope. The certificate shall contain
space for the voter's Minnesota driver's license number, state identification number, or the
last four digits of the voter's Social Security number, or to indicate that the voter does not
have one of these numbers. The space must be designed to ensure that the voter provides
the same type of identification as provided on the voter's absentee ballot application for
purposes of comparison. The certificate must also contain a statement to be signed and
sworn by the voter indicating that the voter meets all of the requirements established by law
for voting by absentee ballot and space for a statement signed by a person who is registered
to vote in Minnesota or by a notary public or other individual authorized to administer oaths
stating that:
(1) the ballots were displayed to that individual unmarked;
(2) the voter marked the ballots in that individual's presence without showing how they
were marked, or, if the voter was physically unable to mark them, that the voter directed
another individual to mark them; and
(3) if the voter was not previously registered, the voter has provided proof of residence
as required by section 201.061, subdivision 3.
Sec. 19.
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.new text begin 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.
new text end
Sec. 20.
Minnesota Statutes 2020, section 203B.081, subdivision 2, is amended to read:
Subd. 2.
deleted text begin Town electionsdeleted text end new text begin Voting booth; electronic ballot markernew text end .
deleted text begin 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.deleted text end new text begin For purposes of this section, the county auditor must make available in each
polling place (1)new text end at least one voting booth deleted text begin in each polling place must be made available by
the county auditor for this purpose. The county auditor must also make availabledeleted text end new text begin , and (2)new text end
at least one electronic ballot marker deleted text begin in each polling place that has implemented a voting
system that is accessibledeleted text end for individuals with disabilities pursuant to section 206.57,
subdivision 5.
Sec. 21.
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 deleted text begin sevendeleted text end new text begin 14new text end 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.
Sec. 22.
Minnesota Statutes 2021 Supplement, section 203B.082, subdivision 2, is amended
to read:
Subd. 2.
Minimum security and integrity standards.
The county auditor or municipal
clerk may provide locations at which a voter may deposit a completed absentee ballot
enclosed in the completed signature envelope in a secure drop box, consistent with the
following security and integrity standards:
new text begin
(1) at least one location must be provided for every 50,000 registered voters in the
jurisdiction. If there are fewer than 50,000 registered voters in the jurisdiction, the county
auditor or municipal clerk must provide at least one location;
new text end
new text begin
(2) if more than one location is required, the locations must be distributed in a manner
that ensures equitable access to the drop boxes among all voters in the jurisdiction;
new text end
new text begin
(3) at the request of a federally recognized Tribe with a reservation in the county, the
county auditor must establish at least one ballot drop box on the reservation on a site selected
by the Tribe that is accessible to the county auditor by a public road;
new text end
deleted text begin (1)deleted text end new text begin (4)new text end each drop box must be continually recorded during the absentee voting period;
deleted text begin (2)deleted text end new text begin (5)new text end each drop box must be designed to prevent an unauthorized person from moving,
removing, or tampering with the drop box;
deleted text begin (3)deleted text end new text begin (6)new text end each drop box placed in an outdoor location must be fastened to a building, bolted
to a concrete pad, or otherwise attached to a similarly secure structure;
deleted text begin (4)deleted text end new text begin (7)new text end ballots deposited in a drop box must be secured against access by any unauthorized
person, and in the case of a drop box located in an outdoor location, the drop box must be
secured against damage due to weather or other natural conditions;
new text begin
(8) each drop box must be assigned an identification number that is unique to that drop
box;
new text end
deleted text begin (5)deleted text end new text begin (9)new text end each drop box must contain signage or markings that:
(i) clearly identifies the drop box as an official absentee ballot return location; deleted text begin and
deleted text end
new text begin
(ii) include the statement: "You can only return your own ballot in this drop box.";
new text end
deleted text begin (ii)deleted text end new text begin (iii)new text end include the location and hours where an agent may return an absentee ballot;new text begin
and
new text end
new text begin
(iv) include the identification number assigned to the drop box;
new text end
deleted text begin (6)deleted text end new text begin (10)new text end deposited ballots must be collected at least once per business day during the
absentee voting period by the county auditor, municipal clerk, or an elections official trained
by the county auditor or municipal clerk in the proper maintenance and handling of absentee
ballots and absentee ballot drop boxes, and in the security measures used to protect absentee
ballots; and
deleted text begin (7)deleted text end new text begin (11)new text end ballots collected from each drop box must be properly date-stamped and stored
in a locked ballot container or other secured and locked space consistent with any applicable
laws governing the collection and storage of absentee ballots.
Sec. 23.
Minnesota Statutes 2021 Supplement, section 203B.082, is amended by adding
a subdivision to read:
new text begin Subd. 5. new text end
new text begin Ballot collection log and report. new text end
new text begin
The county auditor or municipal clerk must
maintain a log for each drop box. The log must include the unique identification number
assigned to the drop box. The log must include the following information for each day
during the absentee voting period:
new text end
new text begin
(1) the date and time of each ballot collection;
new text end
new text begin
(2) the person who collected the ballots; and
new text end
new text begin
(3) the number of ballots collected.
new text end
Sec. 24.
Minnesota Statutes 2020, section 203B.11, subdivision 1, is amended to read:
Subdivision 1.
Generally.
new text begin (a) new text end 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.
new text begin
(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 by the board of directors of the Minnesota veterans homes under
chapter 198 or a shelter for battered women as defined in section 611A.37, subdivision 4.
new text end
Sec. 25.
Minnesota Statutes 2021 Supplement, 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 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 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 signature envelope "Accepted" and
initial or sign the 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 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 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 deleted text begin seventhdeleted text end new text begin 14thnew text end day before the election, by absentee ballot.
The 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 signature envelope
find that an absentee voter has failed to meet one of the requirements provided in paragraph
(b), they shall mark the 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 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 signature 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 e-mail to notify the voter that the voter's ballot has been rejected. The official
must document the attempts made to contact the voter.
(d) The official in charge of the absentee ballot board must mail the voter a written notice
of absentee ballot rejection between six and ten weeks following the election. If the official
determines that the voter has otherwise cast a ballot in the election, no notice is required.
If an absentee ballot arrives after the deadline for submission provided by this chapter, the
notice must be provided between six to ten weeks after receipt of the ballot. A notice of
absentee ballot rejection must contain the following information:
(1) the date on which the absentee ballot was rejected or, if the ballot was received after
the required deadline for submission, the date on which the ballot was received;
(2) the reason for rejection; and
(3) the name of the appropriate election official to whom the voter may direct further
questions, along with appropriate contact information.
(e) An absentee ballot signature envelope marked "Rejected" may not be opened or
subject to further review except in an election contest filed pursuant to chapter 209.
Sec. 26.
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 deleted text begin seventhdeleted text end new text begin 14thnew text end 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 deleted text begin seventhdeleted text end new text begin 14thnew text end 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. 27.
Minnesota Statutes 2021 Supplement, section 203B.121, subdivision 4, is amended
to read:
Subd. 4.
Opening of envelopes.
After the close of business on the deleted text begin seventhdeleted text end new text begin 14thnew text end day
before the election, the ballots from 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 deleted text begin ballotdeleted text end new text begin secrecynew text end 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. 28.
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 federal law to vote in
Minnesota because they or, if they have never deleted text begin resideddeleted text end new text begin maintained residencenew text end 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. 29.
Minnesota Statutes 2020, section 203B.21, subdivision 1, is amended to read:
Subdivision 1.
Form.
Absentee ballots under sections 203B.16 to 203B.27 shall conform
to the requirements of the Minnesota Election Law, except that modifications in the size or
form of ballots or envelopes may be made if necessary to satisfy the requirements of the
United States postal service. The return envelope must be designed in one of the following
ways:
(1) it must be of sufficient size to contain deleted text begin an additionaldeleted text end new text begin a signaturenew text end envelope deleted text begin that whendeleted text end new text begin
and when the return envelope isnew text end sealed, new text begin it new text end conceals the signature, identification, and other
information; or
(2) it must new text begin be the signature envelope and new text end provide an additional flap that when sealed,
conceals the signature, identification, and other information.
The flap or the deleted text begin additionaldeleted text end new text begin returnnew text end envelope must be perforated to permit election officials to
inspect the returned certificate for completeness or to ascertain other information at any
time after receiving the returned ballot without opening the deleted text begin returndeleted text end new text begin signaturenew text end envelope.
Sec. 30.
Minnesota Statutes 2020, section 203B.21, subdivision 3, is amended to read:
Subd. 3.
Back of deleted text begin returndeleted text end new text begin signaturenew text end envelope.
On the back of the deleted text begin returndeleted text end new text begin signaturenew text end envelope
a certificate shall appear with space for:
(1) the voter's address of present or former residence in Minnesota;
(2) the voter's current e-mail address, if the voter has one;
(3) a statement indicating the category described in section 203B.16 to which the voter
belongs;
(4) a statement that the voter has not cast and will not cast another absentee ballot in the
same election or elections;
(5) a statement that the voter personally marked the ballots without showing them to
anyone, or if physically unable to mark them, that the voter directed another individual to
mark them; and
(6) the same voter's passport number, Minnesota driver's license or state identification
card number, or the last four digits of the voter's Social Security number as provided on the
absentee ballot application; if the voter does not have access to any of these documents, the
voter may attest to the truthfulness of the contents of the certificate under penalty of perjury.
The certificate shall also contain a signed oath in the form required by section 705 of
the Help America Vote Act, Public Law 107-252, which must read:
"I swear or affirm, under penalty of perjury, that:
I am a member of the uniformed services or merchant marine on active duty or an eligible
spouse or dependent of such a member; a United States citizen temporarily residing outside
the United States; or other United States citizen residing outside the United States; and I
am a United States citizen, at least 18 years of age (or will be by the date of the election),
and I am eligible to vote in the requested jurisdiction; I have not been convicted of a felony,
or other disqualifying offense, or been adjudicated mentally incompetent, or, if so, my voting
rights have been reinstated; and I am not registering, requesting a ballot, or voting in any
other jurisdiction in the United States except the jurisdiction cited in this voting form. In
voting, I have marked and sealed my ballot in private and have not allowed any person to
observe the marking of the ballot, except for those authorized to assist voters under state or
federal law. I have not been influenced.
The information on this form is true, accurate, and complete to the best of my knowledge.
I understand that a material misstatement of fact in completion of this document may
constitute grounds for a conviction for perjury."
Sec. 31.
Minnesota Statutes 2020, section 203B.23, subdivision 2, is amended to read:
Subd. 2.
Duties.
new text begin (a) new text end The absentee ballot board must examine all returned absentee ballot
envelopes for ballots issued under sections 203B.16 to 203B.27 and accept or reject the
absentee ballots in the manner provided in section 203B.24. If the certificate of voter
eligibility is not printed on the deleted text begin return or administrativedeleted text end new text begin signaturenew text end envelope, the certificate
must be attached to the deleted text begin ballotdeleted text end secrecy envelope.
new text begin (b) new text end The absentee ballot board must immediately examine the deleted text begin returndeleted text end new text begin signaturenew text end envelopes
new text begin or certificates of voter eligibility that are attached to the secrecy envelopes new text end and mark them
"accepted" or "rejected" during the 45 days before the election. If an envelope has been
rejected at least five days before the election, the ballots in the envelope must be considered
spoiled ballots and the official in charge of the absentee ballot board must provide the voter
with a replacement absentee ballot and deleted text begin return envelopedeleted text end new text begin envelopesnew text end in place of the spoiled
ballot.
new text begin (c) new text end If a county has delegated the responsibility for administering absentee balloting to
a municipality under section 203B.05, accepted absentee ballots must be delivered to the
appropriate municipality's absentee ballot board. The absentee ballot board with the authority
to open and count the ballots must do so in accordance with section 203B.121, subdivisions
4 and 5.
Sec. 32.
Minnesota Statutes 2021 Supplement, 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
signature envelope "Accepted" and initial or sign the signature envelope below the word
"Accepted" if the election judges are satisfied that:
(1) the voter's name and address on the signature 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
secrecy envelope before placing it in the deleted text begin outer whitedeleted text end new text begin signaturenew text end 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 deleted text begin returndeleted text end new text begin signaturenew text end 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. 33.
Minnesota Statutes 2020, section 203B.28, is amended to read:
203B.28 POSTELECTION REPORT TO LEGISLATURE.
By January 15 of every odd-numbered year, the secretary of state shall provide to the
chair and ranking minority members of the legislative committees with jurisdiction over
elections a statistical report related to absentee voting in the most recent general election
cycle. The statistics must be organized by county, and include:
(1) the number of absentee ballots transmitted to voters;
(2) the number of absentee ballots returned by voters;
(3) the number of absentee ballots that were rejected, categorized by the reason for
rejection;
(4) the number of absentee ballots submitted pursuant to sections 203B.16 to 203B.27,
along with the number of returned ballots that were accepted, rejected, and the reason for
any rejections; deleted text begin and
deleted text end
(5) the number of absentee ballots that were not counted because the ballot return
envelope was received after the deadlines provided in this chapterdeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(6) the number of absentee ballots by method of return, including drop box, mail,
in-person, and direct balloting.
new text end
Sec. 34.
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 deleted text begin resideddeleted text end new text begin maintained residencenew text end 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. 35.
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.
(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 deleted text begin residesdeleted text end new text begin maintains residencenew text end .
(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. 36.
Minnesota Statutes 2021 Supplement, 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 deleted text begin seventhdeleted text end new text begin 14thnew text end day before the general election. The filing officer shall provide copies
of the form to make the request. The filing officer shall not accept a written request 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 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 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. 37.
Minnesota Statutes 2020, section 204B.13, is amended by adding a subdivision
to read:
new text begin Subd. 6a. new text end
new text begin Candidates for federal office. new text end
new text begin
This section does not apply to a vacancy in
nomination for a federal office.
new text end
Sec. 38.
Minnesota Statutes 2021 Supplement, 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 deleted text begin 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:deleted text end new text begin any changes to a polling place location. A polling
place must be maintained for the following calendar year unless changed:
new text end
new text begin
(1) by ordinance or resolution by December 31 of the previous year;
new text end
deleted text begin (1)deleted text end new text begin (2)new text end pursuant to section 204B.175;
deleted text begin (2)deleted text end new text begin (3)new text end because a polling place has become unavailable;
deleted text begin (3)deleted text end new text begin (4)new text end because a township designates one location for all statenew text begin , county,new text end and federal
elections and one location for all township only elections; and
deleted text begin (4)deleted text end new text begin (5)new text end pursuant to section 204B.14, subdivision 3.
(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. 39.
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 in the county in which the student deleted text begin residesdeleted text end new text begin
maintains residencenew text end , or a county adjacent to the county in which the student deleted text begin residesdeleted text end new text begin maintains
residencenew text end . 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.
Sec. 40.
Minnesota Statutes 2020, section 204B.21, subdivision 2, is amended to read:
Subd. 2.
Appointing authority; powers and duties.
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. Except as otherwise provided in this section,
appointments shall be made from the list of voters who deleted text begin residedeleted text end new text begin maintain residencenew text end 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. 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.
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. 41.
Minnesota Statutes 2020, section 204B.45, subdivision 1, is amended to read:
Subdivision 1.
Authorization.
A town of any size deleted text begin not located in a metropolitan county
as defined by section 473.121,deleted text end or a city having fewer than 400 registered voters on June 1
of an election year deleted text begin and not located in a metropolitan county as defined by section 473.121,deleted text end
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. 42.
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 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 e-mail 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 deleted text begin seventhdeleted text end new text begin 14thnew text end 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
deleted text begin residesdeleted text end new text begin maintains residencenew text end . Any ballot received by 8:00 p.m. on the day of the election
must be counted.
Sec. 43.
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 electiondeleted text begin .deleted text end new text begin , 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.new text end 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 e-mail 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 deleted text begin seventhdeleted text end new text begin 14thnew text end 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.
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. 44.
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. deleted text begin No person who assists another voter as provided in the preceding
sentence shall mark the ballots of more than three voters at one election.deleted text end 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. 45.
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.
new text begin 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. new text end 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. 46.
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 deleted text begin 40thdeleted text end new text begin 54thnew text end 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 deleted text begin 35deleted text end new text begin 49new text end days after the issuance of the writ. deleted text begin A special election
deleted text end deleted text begin must not be held during the four days before or the four days after a holiday as defined in
deleted text end deleted text begin section deleted text end deleted text begin 645.44, subdivision 5deleted text end deleted text begin .
deleted text end
Sec. 47.
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 deleted text begin sevendeleted text end new text begin 14new text end days
before the special primary and at least deleted text begin 14deleted text end new text begin 21new text end days before the special election in the manner
provided in sections 204B.33 and 204B.34. If the special primary is to be held deleted text begin 14deleted text end new text begin 21new text end 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. 48.
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 deleted text begin 14deleted text end new text begin 21new text end days before the special primary.
Sec. 49.
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 deleted text begin residedeleted text end new text begin maintain residencenew text end 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.
Sec. 50.
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 deleted text begin residedeleted text end new text begin maintain residencenew text end , the court
administrator of the district court of the judicial district in which the greatest number of
school district residents deleted text begin residedeleted text end new text begin maintain residencenew text end , 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. 51.
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 deleted text begin residesdeleted text end new text begin maintains residencenew text end . 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. 52.
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.new text begin 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.
new text end
(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. 53.
Minnesota Statutes 2021 Supplement, section 207A.13, subdivision 2, is amended
to read:
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 deleted text begin seventhdeleted text end new text begin 14thnew text end 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. 54.
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 deleted text begin residesdeleted text end new text begin maintains residencenew text end .
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. 55.
Minnesota Statutes 2020, section 211B.04, subdivision 2, is amended to read:
Subd. 2.
Independent expenditures.
(a) The required form of the disclaimer on a written
independent expenditure is: "This is an independent expenditure prepared and paid for by
....... (name of entity participating in the expenditure), ....... (address). It is not coordinated
with or approved by any candidate nor is any candidate responsible for it.new text begin The top three
contributors funding this expenditure are (1)......., (2)......., and (3).......new text end " The address must
be either the entity's mailing address or the entity's website, if the website includes the
entity's mailing address. When a written independent expenditure is produced and
disseminated without cost, the words "and paid for" may be omitted from the disclaimer.
(b) The required form of the disclaimer on a broadcast independent expenditure is: "This
independent expenditure is paid for by ....... (name of entity participating in the expenditure).
It is not coordinated with or approved by any candidate nor is any candidate responsible
for it.new text begin The top three contributors funding this expenditure are (1)......., (2)......., and (3).......new text end "
When a broadcast independent expenditure is produced and disseminated without cost, the
following disclaimer may be used: "....... (name of entity participating in the expenditure)
is responsible for the contents of this independent expenditure. It is not coordinated with
or approved by any candidate nor is any candidate responsible for it."
new text begin
(c) The listing of the top three contributors required to be included in a disclaimer under
this subdivision must identify by name the three individuals or entities making the largest
aggregate contribution or contributions required to be reported under chapter 10A to the
expending entity during the 12-month period preceding the first date at which the expenditure
was published or presented to the public. Contributions to the expending entity that are
segregated, tracked, and used for purposes other than expenditures requiring the disclaimer
should not be included in calculating the top three contributors required to be identified
under this subdivision.
new text end
Sec. 56.
Minnesota Statutes 2020, section 211B.04, subdivision 3, is amended to read:
Subd. 3.
Material that does not need a disclaimer.
(a) This section does not apply to
fund-raising tickets, business cards, personal letters, or similar items that are clearly being
distributed by the candidate.
(b) This section does not apply to an individual or association that is not required to
register or report under chapter 10A or 211A.
(c) This section does not apply to the following:
(1) bumper stickers, pins, buttons, pens, or similar small items on which the disclaimer
cannot be conveniently printed;new text begin and
new text end
(2) skywriting, wearing apparel, or other means of displaying an advertisement of such
a nature that the inclusion of a disclaimer would be impracticabledeleted text begin ; anddeleted text end new text begin .
new text end
deleted text begin
(3) online banner ads and similar electronic communications that link directly to an
online page that includes the disclaimer.
deleted text end
(d) This section does not modify or repeal section 211B.06.
Sec. 57.
Minnesota Statutes 2020, section 211B.04, is amended by adding a subdivision
to read:
new text begin Subd. 3a. new text end
new text begin Certain electronic communications and advertisements. new text end
new text begin
Notwithstanding
subdivisions 1 and 2, the Campaign Finance and Public Disclosure Board must adopt rules
using the expedited process in section 14.389 to specify the form and content of the disclaimer
required by those subdivisions for small electronic communications for which it is
technologically impossible to clearly and conspicuously print the full disclaimer, including
but not limited to online banner ads, text messages, social media communications, and small
advertisements appearing on a mobile telephone or other handheld electronic device.
new text end
Sec. 58.
new text begin
[211B.075] ABSENTEE BALLOT APPLICATIONS DISTRIBUTED BY
COMMITTEES AND PRIVATE ORGANIZATIONS.
new text end
new text begin
(a) Any mailing sent by or on behalf of a committee or other private organization that
includes an absentee ballot application or a sample ballot designed to encourage voting at
an election must include the applicable set of statements, printed in capital letters on the
outside of the mailing so that the statements are clearly visible at the time of opening, as
follows:
new text end
new text begin
(1) if an absentee ballot application is enclosed:
new text end
new text begin
(i) "THIS IS AN ABSENTEE BALLOT APPLICATION, NOT AN OFFICIAL
BALLOT"; and
new text end
new text begin
(ii) "THIS IS NOT AN OFFICIAL COMMUNICATION FROM A UNIT OF
GOVERNMENT"; and
new text end
new text begin
(2) if a sample ballot is enclosed:
new text end
new text begin
(i) "THIS IS A SAMPLE BALLOT, NOT AN OFFICIAL BALLOT"; and
new text end
new text begin
(ii) "THIS IS NOT AN OFFICIAL COMMUNICATION FROM A UNIT OF
GOVERNMENT."
new text end
new text begin
(b) As used in this subdivision, "sample ballot" means a document enclosed in the mailing
that is formatted and printed in a manner that would lead a reasonable person to believe the
document is an official ballot. A document that contains the names of particular candidates
or ballot questions alongside illustrations of a generic ballot or common ballot markings is
not a sample ballot for purposes of this subdivision, so long as the format and style of the
document would not lead a reasonable person to mistake it for an official ballot.
new text end
Sec. 59.
new text begin
[211B.076] INTIMIDATION AND INTERFERENCE RELATED TO THE
PERFORMANCE OF DUTIES BY AN ELECTION OFFICIAL; PENALTIES.
new text end
new text begin Subdivision 1. new text end
new text begin Definition. new text end
new text begin
For the purposes of this section, "election official" means a
member of a canvassing board, the county auditor or municipal clerk charged with duties
relating to elections, a member of an absentee ballot board, an election judge, an election
judge trainee, or any other individual assigned by a state entity or municipal government
to perform official duties related to elections.
new text end
new text begin Subd. 2. new text end
new text begin Intimidation. new text end
new text begin
(a) A person may not directly or indirectly use or threaten force,
coercion, violence, restraint, damage, harm, or loss, including loss of employment or
economic reprisal, against another with the intent to influence an election official in the
performance of a duty of election administration.
new text end
new text begin
(b) In a civil action brought to prevent and restrain violations of this subdivision 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.
new text end
new text begin Subd. 3. new text end
new text begin Interfering with or hindering the administration of an election. new text end
new text begin
A person
may not intentionally hinder, interfere with, or prevent an election official's performance
of a duty related to election administration.
new text end
new text begin Subd. 4. new text end
new text begin Dissemination of personal information about an election official. new text end
new text begin
(a) A
person may not knowingly and without consent, make publicly available, including but not
limited to through the Internet, personal information about an election official or an election
official's family or household member if:
new text end
new text begin
(1) the dissemination poses an imminent and serious threat to the official's safety or the
safety of an official's family or household member; and
new text end
new text begin
(2) the person making the information publicly available knows or reasonably should
know of any imminent and serious threat.
new text end
new text begin
(b) As used in this subdivision, "personal information" means the home address of the
election official or a member of an election official's family, directions to that home, or
photographs of that home.
new text end
new text begin Subd. 5. new text end
new text begin Obstructing access. new text end
new text begin
A person may not intentionally and physically obstruct
an election official's access to or egress from a polling place, meeting of a canvassing board,
place where ballots and elections equipment are located or stored, or any other place where
the election official performs a duty related to election administration.
new text end
new text begin Subd. 6. new text end
new text begin Vicarious liability; conspiracy. new text end
new text begin
A person 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:
new text end
new text begin
(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
new text end
new text begin
(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.
new text end
new text begin Subd. 7. new text end
new text begin Criminal penalty. new text end
new text begin
A person who violates this section is guilty of a gross
misdemeanor.
new text end
new text begin Subd. 8. new text end
new text begin Attorney general; civil enforcement. new text end
new text begin
When the attorney general has
information providing a reasonable ground to believe that any person has violated or is
about to violate this section, the attorney general shall have the power to investigate those
violations, or suspected violations, in the same manner as provided for by section 8.31,
subdivisions 2 and 2a. The attorney general shall be entitled, on behalf of the state, to sue
for and recover the same relief and remedies for violations of this section, or violations that
are about to occur, as provided in section 8.31, subdivisions 3 and 3a.
new text end
new text begin Subd. 9. new text end
new text begin Election official; civil remedies. new text end
new text begin
In addition to any remedies otherwise provided
by law, an election official injured or threatened to be injured by a violation of this section
may bring a civil action and obtain the following remedies:
new text end
new text begin
(1) injunctive relief in any court of competent jurisdiction against any such violation or
threatened violation without abridging the penalties provided by law; and
new text end
new text begin
(2) damages, together with costs and disbursements, including costs of investigation and
reasonable attorney fees, and other equitable relief as determined by the court.
new text end
new text begin Subd. 10. new text end
new text begin Cumulative remedies. new text end
new text begin
Civil remedies allowable under this section are
cumulative and do not restrict any other right or remedy otherwise available. Any civil
action brought under this section must be commenced within two years after the cause of
action accrues. Sections 211B.31 to 211B.37 do not apply to violations of this section.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2022, and applies to violations
committed on or after that date.
new text end
Sec. 60.
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 appliesnew text begin only during voting hours andnew text end 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. 61.
Minnesota Statutes 2020, section 211B.32, subdivision 1, is amended to read:
Subdivision 1.
Administrative remedy; exhaustion.
(a) Except as provided in deleted text begin paragraphdeleted text end new text begin
paragraphsnew text end (b)new text begin and (c)new text end , 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.
new text begin
(c) Violations of section 211B.076 may be enforced as provided in section 211B.076.
new text end
Sec. 62.
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 deleted text begin resideddeleted text end new text begin maintained
residencenew text end 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 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. 63.
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 deleted text begin residesdeleted text end new text begin maintains
residencenew text end . 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.
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.
ARTICLE 4
BARBERING AND COSMETOLOGY
Section 1.
Minnesota Statutes 2020, section 154.001, subdivision 2, is amended to read:
Subd. 2.
Board of Barber Examiners.
(a) A Board of Barber Examiners is established
to consist of four barber members and one public member, as defined in section 214.02,
appointed by the governor.
(b) The barber members shall be persons who have practiced as registered barbers in
this state for at least five years immediately prior to their appointment; shall be graduates
from the 12th grade of a high school or have equivalent education, and shall have knowledge
of the matters to be taught in registered barber schools, as set forth in section 154.07. deleted text begin One
of the barber members shall be a member of, or recommended by, a union of journeymen
barbers that has existed at least two years, and one barber member shall be a member of,
or recommended by, a professional organization of barbers.
deleted text end
Sec. 2.
Minnesota Statutes 2020, section 154.003, is amended to read:
154.003 FEES.
(a) The fees collected, as required in this chapter, chapter 214, and the rules of the board,
shall be paid to the board. The board shall deposit the fees in the general fund in the state
treasury.
(b) The board shall charge the following fees:
(1) examination and certificate, registered barber, $85;
(2) retake of written examination, $10;
(3) examination and certificate, instructor, $180;
(4) certificate, instructor, $65;
(5) temporary teacher permit, $80;
(6) temporary registered barber, military, $85;
(7) temporary barber instructor, military, $180;
(8) renewal of registration, registered barber, $80;
(9) renewal of registration, instructor, $80;
(10) renewal of temporary teacher permit, $65;
(11) student permit, $45;
(12) renewal of student permit, $25;
(13) initial shop registration, $85;
new text begin
(14) initial mobile barber shop registration, $150;
new text end
deleted text begin (14)deleted text end new text begin (15)new text end initial school registration, $1,030;
deleted text begin (15)deleted text end new text begin (16)new text end renewal shop registration, $85;
deleted text begin (16)deleted text end new text begin (17)new text end renewal school registration, $280;
new text begin
(18) renewal mobile barber shop registration, $100;
new text end
deleted text begin (17)deleted text end new text begin (19)new text end restoration of registered barber registration, $95;
deleted text begin (18)deleted text end new text begin (20)new text end restoration of shop registration, $105;
deleted text begin (19)deleted text end new text begin (21)new text end change of ownership or location, $55;
new text begin
(22) restoration of mobile barber shop registration, $120;
new text end
deleted text begin (20)deleted text end new text begin (23)new text end duplicate registration, $40;
deleted text begin (21)deleted text end new text begin (24)new text end home study course, $75;
deleted text begin (22)deleted text end new text begin (25)new text end letter of registration verification, $25; and
deleted text begin (23)deleted text end new text begin (26)new text end reinspection, $100.
new text begin
(c) If the board uses a board-approved examination provider for the entire comprehensive
examination or for a portion of the comprehensive examination, any fees required by that
approved examination provider must be paid directly to the approved examination provider
by the examinee and is not included and is separate from any required fees paid by the
examinee to the board.
new text end
Sec. 3.
Minnesota Statutes 2020, section 154.01, is amended to read:
154.01 REGISTRATION MANDATORY.
(a) The registration of the practice of barbering serves the public health and safety of
the people of the state of Minnesota by ensuring that individuals seeking to practice the
profession of barbering are appropriately trained in the use of the chemicals, tools, and
implements of barbering and demonstrate the skills necessary to conduct barber services in
a safe, sanitary, and appropriate environment required for infection control.
(b) No person shall practice, offer to practice, or attempt to practice barbering without
a current certificate of registration as a registered barber, issued pursuant to provisions of
deleted text begin sections 154.001, 154.002, 154.003, 154.01 to 154.162, 154.19 to 154.21, and 154.24 to
154.28deleted text end new text begin this chapternew text end by the Board of Barber Examiners.
(c) A registered barber must only provide barbering services in a registered barber shop
deleted text begin ordeleted text end new text begin ,new text end barber school, new text begin or mobile barber shop new text end unless prior authorization is given by the board.
(d) No person shall operate a barber shop unless it is at all times under the direct
supervision and management of a registered barber and the owner or operator of the barber
shop possesses a current shop registration card, issued to the barber shop establishment
addressdeleted text begin , under sections 154.001, 154.002, 154.003, 154.01 to 154.162, 154.19 to 154.21,
and 154.24 to 154.28deleted text end by the Board of Barber Examiners.
(e) No person shall serve, offer to serve, or attempt to serve as an instructor of barbering
without a current certificate of registration as a registered instructor of barbering or a
temporary permit as an instructor of barbering, as provided for the board by rule, issued
deleted text begin under sections 154.001, 154.002, 154.003, 154.01 to 154.162, 154.19 to 154.21, and 154.24
to 154.28deleted text end by the Board of Barber Examiners. Barber instruction must be provided in
registered barber schools only.
(f) No person shall operate a barber school unless the owner or operator possesses a
current certificate of registration as a barber school, issued deleted text begin under sections 154.001, 154.002,
154.003, 154.01 to 154.162, 154.19 to 154.21, and 154.24 to 154.28deleted text end by the Board of Barber
Examiners.
Sec. 4.
Minnesota Statutes 2020, section 154.02, subdivision 1, is amended to read:
Subdivision 1.
What constitutes barbering.
Any one or any combination of the
following practices when done upon the head, face, and neck for cosmetic purposes and not
for the treatment of disease or physical or mental ailments and when done for payment
directly or indirectly or without payment for the public generally constitutes the practice of
barbering within the meaning of deleted text begin sections 154.001, 154.002, 154.003, 154.01 to 154.162,
154.19 to 154.21, and 154.24 to 154.28deleted text end new text begin this chapternew text end : to shave the face or necknew text begin using a straight
razor or other toolnew text end , trim the beard, clean, condition, cut, color, shape, or straighten the hair
of any person of either sex for compensation or other reward received by the person
performing such service or any other person; to give facial and scalp massage with oils,
creams, lotions, or other preparations either by hand or mechanical appliances; to singe,
shampoo the hair, or apply hair tonics; or to apply cosmetic preparations, antiseptics,
powders, oils, clays, or lotions to hair, scalp, face, or neck.new text begin The removal of hair through the
process of waxing is not barbering.
new text end
Sec. 5.
Minnesota Statutes 2020, section 154.02, subdivision 4, is amended to read:
Subd. 4.
Certificate of registration.
A "certificate of registration" means the certificate
issued to an individual, barber shop, deleted text begin ordeleted text end barber schoolnew text begin , or mobile barber shopnew text end that is in
compliance with deleted text begin the requirements of sections 154.001, 154.002, 154.003, 154.01 to 154.162,
154.19 to 154.21, and 154.24 to 154.28deleted text end new text begin this chapternew text end .
Sec. 6.
Minnesota Statutes 2020, section 154.02, subdivision 5, is amended to read:
Subd. 5.
Designated registered barber.
The "designated registered barber" is a registered
barber designated as the manager of a barber shopnew text begin or a mobile barber shopnew text end .
Sec. 7.
Minnesota Statutes 2020, section 154.02, is amended by adding a subdivision to
read:
new text begin Subd. 7. new text end
new text begin Mobile barber shop. new text end
new text begin
A "mobile barber shop" means a barber shop that is
operated in a mobile vehicle or a mobile structure for the exclusive use of practicing barbering
services performed by a registered barber in compliance with this chapter.
new text end
Sec. 8.
Minnesota Statutes 2020, section 154.02, is amended by adding a subdivision to
read:
new text begin Subd. 8. new text end
new text begin Straight razor. new text end
new text begin
A razor with a rigid steel cutting blade or a replaceable blade
that is hinged to a case that forms a handle when the razor is open for use.
new text end
Sec. 9.
Minnesota Statutes 2020, section 154.02, is amended by adding a subdivision to
read:
new text begin Subd. 9. new text end
new text begin Waxing. new text end
new text begin
The process of removing hair from a part of the body by applying
wax and peeling off the wax.
new text end
Sec. 10.
Minnesota Statutes 2020, section 154.05, is amended to read:
154.05 WHO MAY RECEIVE CERTIFICATES OF REGISTRATION AS A
REGISTERED BARBER.
deleted text begin (a)deleted text end A person is qualified to receive a certificate of registration as a registered barber if
the person:
(1) deleted text begin has successfully completed ten grades of educationdeleted text end new text begin is at least 17 years of agenew text end ;
(2) has successfully completed 1,500 hours of study in a board-approved barber school;
and
(3) has passed deleted text begin andeleted text end new text begin a comprehensivenew text end examination deleted text begin conducted by the boarddeleted text end new text begin in accordance
with section 154.09new text end to determine new text begin the person's new text end fitness to practice barbering.
deleted text begin
(b) A first-time applicant for a certificate of registration to practice as a registered barber
who fails to pass the comprehensive examination conducted by the board and who fails to
pass a onetime retake of the written examination, shall complete an additional 500 hours
of barber education before being eligible to retake the comprehensive examination as many
times as necessary to pass.
deleted text end
Sec. 11.
new text begin
[154.052] MOBILE BARBER SHOPS.
new text end
new text begin Subdivision 1. new text end
new text begin Registration. new text end
new text begin
(a) No person shall operate a mobile barber shop unless:
new text end
new text begin
(1) at all times, the mobile barber shop is under the direct supervision and management
of a registered barber; and
new text end
new text begin
(2) the owner or operator of the mobile barber shop possesses a current mobile barber
shop registration that was issued by the Board of Barber Examiners.
new text end
new text begin Subd. 2. new text end
new text begin Services and location reporting requirements. new text end
new text begin
(a) A mobile barber shop is
limited to providing only hair cutting and straight razor shave services.
new text end
new text begin
(b) A mobile barber shop is subject to the barber shop requirements in this chapter and
Minnesota Rules, except when this chapter or the rule conflicts with specific mobile barber
shop requirements. Any reference to a barber shop in this chapter and in Minnesota Rules
includes mobile barber shops, except when this chapter or the rule conflicts with specific
mobile barber shop requirements.
new text end
new text begin
(c) A mobile barber shop registration holder must:
new text end
new text begin
(1) maintain a permanent address for receiving correspondence and service of process
and provide an address where the mobile barber shop is kept when the mobile barber shop
is not in service;
new text end
new text begin
(2) visibly display the name of the mobile barber shop and the mobile barber shop's
registration number as shown on the registration certificate on at least one exterior side of
the mobile barber shop;
new text end
new text begin
(3) supply to the board the make, model, and vehicle identification and license plate
number of any vehicle or mobile structure used as a mobile barber shop. Each mobile barber
shop registration is valid for only one specific mobile vehicle or mobile structure;
new text end
new text begin
(4) have a functioning phone available at all times;
new text end
new text begin
(5) submit to the board, on or before the first day of each month, the mobile barber shop's
schedule of locations and times of operation during the month. The mobile barber shop
registration holder must report any proposed changes to the schedule to the board via e-mail
at the beginning of the week during which the changes will occur; and
new text end
new text begin
(6) comply with the requirements of all federal, state, and local laws, rules, and
ordinances.
new text end
new text begin Subd. 3. new text end
new text begin Water and wastewater requirements. new text end
new text begin
(a) A mobile barber shop must have
self-contained water holding tanks with gauges that indicate the levels in the tanks and
reserve capabilities. The water supply tanks must be integrated and plumbed into the
wastewater tanks or gray water tanks.
new text end
new text begin
(b) A mobile barber shop must have a potable water capacity of not less than 20 gallons
and a designated hose that the mobile barber shop only uses to fill the potable water tank.
new text end
new text begin
(c) A mobile barber shop must have available hot water in a capacity of not less than
five gallons or hot water on demand.
new text end
new text begin
(d) A mobile barber shop must have a wastewater tank or gray water tank capacity that
is 15 percent larger than the water supply holding tank.
new text end
new text begin
(e) A mobile barber shop must not operate when:
new text end
new text begin
(1) the available potable water supply is insufficient to comply with the infection control
requirements in this chapter and Minnesota Rules; or
new text end
new text begin
(2) a tank for wastewater, black water, or gray water is at 90 percent or greater capacity.
new text end
new text begin
(f) A mobile barber shop must have a restroom in operating condition inside of the
mobile barber shop that includes:
new text end
new text begin
(1) an installed hand sink with potable water;
new text end
new text begin
(2) soap;
new text end
new text begin
(3) single-use towels; and
new text end
new text begin
(4) a self-contained recirculating flush toilet with a holding tank or a properly maintained
composting toilet.
new text end
new text begin
(g) A mobile barber shop must discharge wastewater into a sanitary sewage system or
a sanitary dumping station. When disposing of sewage and wastewater, a mobile barber
shop must comply with all federal, state, and local environmental and sanitary regulations.
new text end
new text begin
(h) In addition to the sink required in the restroom, the mobile barber shop must have
at least one sink with hot and cold running water accessible to persons in the area where
the mobile barber shop provides services. Sinks must be permanently installed and connected
to the vehicle's or mobile structure's potable water supply and wastewater tanks.
new text end
new text begin Subd. 4. new text end
new text begin Electrical and power requirements. new text end
new text begin
(a) If power for heating, air conditioning,
and other equipment is supplied by a generator, the generator must be properly vented
outside and all doors and windows must be closed when the generator is operating to avoid
exhaust entering the mobile barber shop. The generator must comply with all applicable
municipal noise ordinances.
new text end
new text begin
(b) Liquefied petroleum gas systems installed in the mobile barber shop must comply
with the current edition of the National Fire Protection Association Standard No. 58 LP-Gas
Code as adopted under the State Fire Code. Use of portable heating units is prohibited.
new text end
new text begin
(c) All heating and cooling systems must be factory installed and meet all state and
federal regulations for mobile vehicle or mobile structure heating and cooling.
new text end
new text begin
(d) The mobile barber shop must have working alarms for carbon monoxide, smoke,
and combustible gas, either as single alarms or a combined alarm.
new text end
new text begin
(e) All electrical wiring must comply with the State Electrical Code. Electrical equipment
plugged into outlets must be UL-listed and must comply with state and local fire codes.
new text end
new text begin Subd. 5. new text end
new text begin Safety, inspection, and infection control requirements. new text end
new text begin
(a) In addition to the
safety and infection control requirements for barber shops in this chapter and Minnesota
Rules, mobile barber shops must comply with the following requirements:
new text end
new text begin
(1) the mobile barber shop must not provide services unless the mobile barber shop is
parked with the engine off, stable, and leveled. The mobile barber shop must use stabilizing
jacks when it is recommended by the manufacturer's instructions for the vehicle or mobile
structure. The mobile barber shop must use at least two wheel chocks when the mobile
barber shop is operating;
new text end
new text begin
(2) the mobile barber shop must provide all services inside of the vehicle or mobile
structure;
new text end
new text begin
(3) all hazardous substances in the mobile barber shop must be stored upright in secured
cabinets when the mobile barber shop is moving;
new text end
new text begin
(4) the mobile barber shop must have a ventilation system that is sufficient to provide
fresh air in the mobile barber shop; and
new text end
new text begin
(5) all moving parts, including slide outs, disability ramps, and steps must be in good
working order.
new text end
new text begin
(b) Any duly authorized employee of the Board of Barber Examiners shall have authority
to enter and inspect a mobile barber shop during normal business hours.
new text end
new text begin Subd. 6. new text end
new text begin Compliance with local government law. new text end
new text begin
The mobile barber shop must comply
with all city, township, and county ordinances regarding wastewater disposal, commercial
motor vehicles, vehicle insurance, noise, signage, parking, commerce, business, and other
local government requirements. The mobile barber shop owner must be informed about the
requirements that apply to the mobile barber shop in each jurisdiction where the mobile
barber shop operates, and must ensure that the mobile barber shop complies with those
requirements.
new text end
Sec. 12.
Minnesota Statutes 2020, section 154.07, subdivision 1, is amended to read:
Subdivision 1.
Admission requirements; course of instruction.
No barber school shall
be approved by the board unless deleted text begin itdeleted text end new text begin the barber schoolnew text end requires, deleted text begin as a prerequisite to admission,
ten grades of an approved school or its equivalent, as determined by educational transcript,
high school diploma, high school equivalency certificate, or an examination conducted by
the commissioner of education, which shall issue a certificate that the student has passed
the required examination, and unless it requires,deleted text end as a prerequisite to graduation, a course of
instruction of at least 1,500 hours of not more than ten hours of schooling in any one working
day. The course of instruction must include the following subjects: scientific fundamentals
for barbering; hygiene; practical study of the hair, skin, muscles, and nerves; structure of
the head, face, and neck; elementary chemistry relating to sanitation; disinfection; sterilization
and antiseptics; diseases of the skin, hair, and glands; massaging and manipulating the
muscles of the face and neck; haircutting; shaving; trimming the beard; bleaching, tinting
and dyeing the hair; and the chemical waving and straightening of hair.
Sec. 13.
Minnesota Statutes 2020, section 154.08, is amended to read:
154.08 APPLICATION; FEE.
new text begin Subdivision 1. new text end
new text begin Application and fee requirements. new text end
Each applicant for an examination
shall:
(1) make new text begin an new text end application to the Board of Barber Examiners new text begin or a board-approved
examination provider new text end on blank forms prepared and furnished by deleted text begin it, the application todeleted text end new text begin the
board or the provider. The application mustnew text end contain proof under the applicant's oath of the
particular qualifications and identity of the applicant;
(2) provide all documentation required in support of the application;
(3) pay to the board the required fee; deleted text begin and
deleted text end
(4) upon acceptance of the notarized applicationnew text begin ,new text end present a corresponding
government-issued photo identification when the applicant appears for new text begin the new text end examinationdeleted text begin .deleted text end new text begin ;
and
new text end
new text begin
(5) file an application with the board no later than the twentieth day of the month
preceding the month when the practical portion of the exam is administered.
new text end
Sec. 14.
Minnesota Statutes 2020, section 154.09, is amended to read:
154.09 EXAMINATIONS, CONDUCT AND SCOPE.
new text begin Subdivision 1. new text end
new text begin Examination dates. new text end
The board new text begin or a board-approved examination provider
new text end shall conduct new text begin practical new text end examinations of applicants for certificates of registration to practice
as registered barbers not deleted text begin more than sixdeleted text end new text begin less than fournew text end times each year, at such time and place
as the board may determine. deleted text begin Additionaldeleted text end Written examinations may be scheduled deleted text begin by the
boarddeleted text end and conducted by board staff new text begin or a board-approved provider new text end as designated by the board.
new text begin Subd. 2. new text end
new text begin Documentation required. new text end
The deleted text begin proprietordeleted text end new text begin owner or operatornew text end of a barber school
must file an affidavit with the board of hours completed by students applying to take the
deleted text begin registered barberdeleted text end new text begin comprehensivenew text end examination. Students must complete the full 1,500-hour
curriculum in a barber school approved by the board deleted text begin within the past four yearsdeleted text end to be eligible
for examination. deleted text begin Barber students who have completed barber school more than four years
prior to application, that have not obtained a barber registration, license, or certificate in
any jurisdiction must complete an additional 500 hours of barber school education to be
eligible for the registered barber examination.
deleted text end
new text begin Subd. 3. new text end
new text begin Examinations for registration restoration. new text end
deleted text begin Registered barbers that faildeleted text end new text begin An
individual who failsnew text end to renew deleted text begin theirdeleted text end new text begin the individual's barbernew text end registration for four or more years
deleted text begin aredeleted text end new text begin isnew text end required to new text begin purchase and complete the "Home Study Course for Barbers" program
that was prepared and approved by the board before the individual is eligible to new text end take the
deleted text begin registered barberdeleted text end new text begin comprehensivenew text end examination to reinstate the new text begin individual's new text end registration.
new text begin Subd. 4. new text end
new text begin Examinations for individuals seeking reciprocity. new text end
new text begin
An individual who must
pass the comprehensive examination under section 154.11 must purchase and complete the
"Home Study Course for Barbers" program that was prepared and approved by the board
before the individual is eligible to take the comprehensive examination.
new text end
new text begin Subd. 5. new text end
new text begin Contents of examination. new text end
The new text begin comprehensive new text end examination deleted text begin of applicants for
certificates of registration as barbersdeleted text end shall includenew text begin :
new text end
new text begin (1)new text end a practical deleted text begin demonstrationdeleted text end new text begin portion that consists of: a haircut, and three of the following
practical services that the board shall determine: shave, beard trim, shampoo, perm wrap,
facial, or color application;new text end and
new text begin (2)new text end a written deleted text begin test. The examination must coverdeleted text end new text begin portion that coversnew text end the subjects taught in
barber schools deleted text begin registered with the board, includingdeleted text end new text begin as required by this chapter,new text end applicable
state deleted text begin statutedeleted text end new text begin statutes,new text end and deleted text begin ruledeleted text end new text begin rulesnew text end .
new text begin Subd. 6. new text end
new text begin Examination grading. new text end
new text begin
The comprehensive examination must be graded as
follows:
new text end
new text begin
(1) the grading for the practical portion of the examination must be on a scale of one to
100, with 100 representing a perfect score. A score of 75 must be the minimum passing
grade for the haircut portion and 75 must be the minimum passing score for the average of
the remaining parts of the practical examination; and
new text end
new text begin
(2) the grading criteria for the written portion of the examination and the passing grade
must be established by the board or a board-approved examination provider for each written
examination at the time of the examination's preparation. The lowest passing grade
established must not be less than 55.
new text end
new text begin Subd. 7. new text end
new text begin Failure of examination. new text end
new text begin
(a) An individual who does not pass one portion of
the comprehensive examination within a year of passing the other portion of the
comprehensive examination must retake the entire comprehensive examination.
new text end
new text begin
(b) An individual who has failed a portion of the comprehensive examination may retake
that portion of the examination within a year of passing the other portion after meeting the
requirements of this chapter, paying any required fees and making an application to the
board as required by section 154.08.
new text end
Sec. 15.
Minnesota Statutes 2020, section 154.11, subdivision 1, is amended to read:
Subdivision 1.
Examination of nonresidents.
(a) A person who meets all of the
requirements for barber registration in deleted text begin sections 154.001, 154.002, 154.003, 154.01 to
154.162, 154.19 to 154.21, and 154.24 to 154.28deleted text end new text begin this chapternew text end and either has a currently
active license, certificate of registration, or equivalent as a practicing barber or instructor
of barbering as verified from another state or, if presenting foreign country credentials as
verified by a board-approved professional credential evaluation provider, which in the
discretion of the board has substantially the same requirements for registering barbers and
instructors of barbering as required deleted text begin by sections 154.001, 154.002, 154.003, 154.01 to
154.162, 154.19 to 154.21, and 154.24 to 154.28deleted text end new text begin in this chapternew text end shall, upon payment of the
required fee, be issued a certificate of registration without examination.
(b) Individuals without a current documented license, certificate of registration, or
equivalent, as verified in paragraph (a), must have a minimum of 1,500 hours of barber
education as verified by the barber school attended in the other state or if presenting foreign
country education as verified by a board-approved professional credential evaluation provider,
completed within the previous four years, which, in the discretion of the board, has
substantially the same requirements as required in deleted text begin sections 154.001, 154.002, 154.003,
154.01 to 154.162, 154.19 to 154.21, and 154.24 to 154.28deleted text end new text begin this chapternew text end will be eligible for
examination.
(c) Individuals unable to meet the requirements in paragraph (a) or (b) shall be subject
to all the requirements of section 154.05.
Sec. 16.
Minnesota Statutes 2020, section 154.11, is amended by adding a subdivision to
read:
new text begin Subd. 4. new text end
new text begin Examination of cosmetologists. new text end
new text begin
a) A person may be credited with up to 1,000
hours of study, which in the discretion of the board has curriculum requirements that are
equivalent to the requirements in section 154.07 toward the 1,500 hours of study required
under section 154.05 if the person:
new text end
new text begin
(1) has a currently active license as a practicing cosmetologist and the license is verified
by the issuing state;
new text end
new text begin
(2) has a certificate of registration or equivalent as a practicing cosmetologist and the
certificate is verified by the issuing state; or
new text end
new text begin
(3) has credentials as a practicing cosmetologist from a foreign country that are verified
by a board-approved professional credential evaluation provider and the board has determined
that the foreign country's curriculum requirements are substantially similar to the
requirements in section 154.07.
new text end
new text begin
(b) After a person with credited hours under paragraph (a) completes the remaining
required hours in a board-approved barber school and meets the requirement of section
154.05, clause (1), the person is eligible for examination.
new text end
Sec. 17.
Minnesota Statutes 2020, section 155A.20, is amended to read:
155A.20 BOARD OF COSMETOLOGIST EXAMINERS CREATED; TERMS.
(a) A Board of Cosmetologist Examiners is established to consist of deleted text begin sevendeleted text end new text begin ninenew text end members,
appointed by the governor as follows:
(1) two cosmetologists, one of whom is recommended by a professional association of
cosmetologists, nail technicians, and estheticians;
(2) two school instructors, one of whom is teaching at a public cosmetology school in
the state and one of whom is teaching at a private cosmetology school in the state;
(3) one esthetician;
new text begin
(4) one advanced practice esthetician;
new text end
deleted text begin (4)deleted text end new text begin (5)new text end one nail technician; deleted text begin and
deleted text end
new text begin
(6) one hair technician; and
new text end
deleted text begin (5)deleted text end new text begin (7)new text end one public member, as defined in section 214.02.
(b) All cosmetologist, esthetician, and nail technician members must be currently licensed
in the field of cosmetology, nail technology, or deleted text begin esthetology,deleted text end new text begin esthiologynew text end in Minnesota, have
practiced in the licensed occupation for at least five years immediately prior to their
appointment, be graduates from grade 12 of high school or have equivalent education, and
have knowledge of sections 155A.21 to 155A.36 and Minnesota Rules, chapters 2105 and
2110.
(c) Membership terms, compensation of members, removal of members, the filling of
membership vacancies, and fiscal year and reporting requirements shall be as provided in
sections 214.07 to 214.09. The provision of staff, administrative services, and office space;
the review and processing of complaints; the setting of board fees; and other provisions
relating to board operations shall be as provided in chapter 214.
(d) Members appointed to fill vacancies caused by death, resignation, or removal shall
serve during the unexpired term of their predecessors.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2023.
new text end
Sec. 18.
Minnesota Statutes 2020, section 155A.23, subdivision 8, is amended to read:
Subd. 8.
Manager.
A "manager" is any person who is a cosmetologist, esthetician,
advanced practice esthetician,new text begin hair technician,new text end nail technician deleted text begin practitionerdeleted text end , or eyelash
technician deleted text begin practitionerdeleted text end , and who has a manager license and provides any services under that
license, as defined in subdivision 3.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2024.
new text end
Sec. 19.
Minnesota Statutes 2020, section 155A.23, subdivision 11, is amended to read:
Subd. 11.
Instructor.
An "instructor" is any person employed by a school to prepare
and present the theoretical and practical education of cosmetology to persons who seek to
practice cosmetology. deleted text begin An instructor must maintain an active operator or manager's license
in the area in which the instructor holds an instructor's license.deleted text end new text begin As long as an instructor
holds an active instructor license, the board must ensure that the instructor's license as an
operator or a salon manager in the same field automatically continues to be active. The
board must not assess an instructor any fees for an operator or a salon manager license while
an instructor holds an active instructor license.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2024.
new text end
Sec. 20.
Minnesota Statutes 2020, section 155A.23, subdivision 18, is amended to read:
Subd. 18.
Practitioner.
A "practitioner" is any person licensed new text begin as an operator or manager
new text end in the practice of cosmetology, esthiology,new text begin advanced practice esthiology, hair technology
services,new text end nail technology services, or eyelash technology services.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2024.
new text end
Sec. 21.
Minnesota Statutes 2020, section 155A.23, is amended by adding a subdivision
to read:
new text begin Subd. 21. new text end
new text begin Hair technician. new text end
new text begin
A "hair technician" is any person who, for compensation,
performs personal services for the cosmetic care of hair on the scalp. Hair technician services
include cutting hair and the application of dyes, bleach, reactive chemicals, keratin, or other
preparations to color or alter the structure of hair. A person who only performs hairstyling
as defined by subdivision 19 is not a hair technician.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2024.
new text end
Sec. 22.
Minnesota Statutes 2020, section 155A.25, subdivision 1a, is amended to read:
Subd. 1a.
Schedule.
(a) The schedule for fees and penalties is as provided in this
subdivision.
(b) Three-year license fees are as follows:
(1) $195 initial practitioner, manager, or instructor license, divided as follows:
(i) $155 for each initial license; and
(ii) $40 for each initial license application fee;
(2) $115 renewal of practitioner license, divided as follows:
(i) $100 for each renewal license; and
(ii) $15 for each renewal application fee;
(3) $145 renewal of manager or instructor license, divided as follows:
(i) $130 for each renewal license; and
(ii) $15 for each renewal application fee;
(4) $350 initial salon license, divided as follows:
(i) $250 for each initial license; and
(ii) $100 for each initial license application fee;
(5) $225 renewal of salon license, divided as follows:
(i) $175 for each renewal; and
(ii) $50 for each renewal application fee;
(6) $4,000 initial school license, divided as follows:
(i) $3,000 for each initial license; and
(ii) $1,000 for each initial license application fee; and
(7) $2,500 renewal of school license, divided as follows:
(i) $2,000 for each renewal; and
(ii) $500 for each renewal application fee.
(c) Penalties may be assessed in amounts up to the following:
(1) reinspection fee, $150;
(2) manager and owner with expired practitioner found on inspection, $150 each;
(3) expired practitioner or instructor found on inspection, $200;
(4) expired salon found on inspection, $500;
(5) expired school found on inspection, $1,000;
(6) failure to display current license, $100;
(7) failure to dispose of single-use equipment, implements, or materials as provided
under section 155A.355, subdivision 1, $500;
(8) use of prohibited razor-type callus shavers, rasps, or graters under section 155A.355,
subdivision 2, $500;
(9) performing nail or cosmetology services in esthetician salon, or performing esthetician
or cosmetology services in a nail salon, $500;
(10) owner and manager allowing an operator to work as an independent contractor,
$200;
(11) operator working as an independent contractor, $100;
(12) refusal or failure to cooperate with an inspection, $500;
(13) practitioner late renewal fee, $45; and
(14) salon or school late renewal fee, $50.
(d) Administrative fees are as follows:
(1) homebound service permit, $50 three-year fee;
(2) name change, $20;
(3) certification of licensure, $30 each;
(4) duplicate license, $20;
(5) special event permit, $75 per year;
deleted text begin
(6) $100 for each temporary military license for a cosmetologist, nail technician,
esthetician, or advanced practice esthetician one-year fee;
deleted text end
deleted text begin (7)deleted text end new text begin (6)new text end expedited initial individual license, $150;
deleted text begin (8)deleted text end new text begin (7)new text end expedited initial salon license, $300;
deleted text begin (9)deleted text end new text begin (8)new text end instructor continuing education provider approval, $150 each year; and
deleted text begin (10)deleted text end new text begin (9)new text end practitioner continuing education provider approval, $150 each year.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2024.
new text end
Sec. 23.
Minnesota Statutes 2020, section 155A.27, subdivision 1, is amended to read:
Subdivision 1.
Licensing.
A person must hold an individual license to practice in the
state as a cosmetologist, esthetician,new text begin hair technician,new text end nail technician, eyelash technician,
advanced practice esthetician, manager, or instructor.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2024.
new text end
Sec. 24.
Minnesota Statutes 2020, section 155A.27, subdivision 5a, is amended to read:
Subd. 5a.
Temporary military license.
The board shall establish temporary licenses
for a cosmetologist,new text begin hair technician,new text end nail technician, and esthetician in accordance with
section 197.4552.new text begin A temporary license is valid for a three-year license cycle. An applicant
may only apply once for a temporary license.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2024.
new text end
Sec. 25.
Minnesota Statutes 2020, section 155A.27, subdivision 6, is amended to read:
Subd. 6.
Duration of license.
Licensing in each classification shall be for a period of
three years.new text begin The board may extend a licensee's operator or salon manager license when
issuing a new instructor license to the licensee to match expiration dates.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2024.
new text end
Sec. 26.
Minnesota Statutes 2020, section 155A.27, subdivision 10, is amended to read:
Subd. 10.
Nonresident licenses.
(a) A nonresident cosmetologist,new text begin hair technician,new text end nail
technician, deleted text begin ordeleted text end estheticiannew text begin , or eyelash techniciannew text end may be licensed in Minnesota if the individual
has completed cosmetology school in a state or country with the same or greater school
hour requirements, has an active license in that state or country, and has passed a
board-approved theory and practice-based examination, the Minnesota-specific written
operator examination for cosmetologist,new text begin hair technician,new text end nail technician, deleted text begin ordeleted text end estheticiannew text begin , or
eyelash techniciannew text end . If a test is used to verify the qualifications of trained cosmetologists,
the test should be translated into the nonresident's native language within the limits of
available resources. Licenses shall not be issued under this subdivision for managers or
instructors.
(b) If an individual has less than the required number of school hours, the individual
must have had a current active license in another state or country for at least three years and
have passed a board-approved theory and practice-based examination, and the
Minnesota-specific written operator examination for cosmetologist,new text begin hair technician,new text end nail
technician, deleted text begin ordeleted text end estheticiannew text begin , or eyelash techniciannew text end . If a test is used to verify the qualifications
of trained cosmetologists, the test should be translated into the nonresident's native language
within the limits of available resources. Licenses must not be issued under this subdivision
for managers or instructors.
(c) Applicants claiming training and experience in a foreign country shall supply official
English-language translations of all required documents from a board-approved source.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2024.
new text end
Sec. 27.
Minnesota Statutes 2020, section 155A.27, is amended by adding a subdivision
to read:
new text begin Subd. 11. new text end
new text begin Reciprocity for barbers. new text end
new text begin
A barber who has a currently active registration
under Minnesota Statutes, chapter 154, may be granted credit, as determined by rule, toward
the required hours of study required for licensure in cosmetology or hair technology.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2024.
new text end
Sec. 28.
Minnesota Statutes 2020, section 155A.271, subdivision 1, is amended to read:
Subdivision 1.
Continuing education requirements.
(a) To qualify for license renewal
under this chapter as an individual cosmetologist,new text begin hair technician,new text end nail technician, esthetician,
advanced practice esthetician, eyelash technician, or salon manager, the applicant must
complete four hours of continuing education credits from a board-approved continuing
education provider during the three years prior to the applicant's renewal date. One credit
hour of the requirement must include instruction pertaining to state laws and rules governing
the practice of cosmetology. Three credit hours must include instruction pertaining to health,
safety, and infection control matters consistent with the United States Department of Labor's
Occupational Safety and Health Administration standards applicable to the practice of
cosmetology, or other applicable federal health, infection control, and safety standards, and
must be regularly updated so as to incorporate newly developed standards and accepted
professional best practices. Credit hours earned are valid for three years and may be applied
simultaneously to all individual licenses held by a licensee under this chapter.
(b) deleted text begin Effective August 1, 2017,deleted text end In addition to the hours of continuing education credits
required under paragraph (a), to qualify for license renewal under this chapter as an individual
cosmetologist,new text begin hair technician,new text end nail technician, esthetician, advanced practice esthetician,
or salon manager, the applicant must also complete a four credit hour continuing education
course from a board-approved continuing education provider based on any of the following
within the licensee's scope of practice:
(1) product chemistry and chemical interaction;
(2) proper use and maintenance of machines and instruments;
(3) business management, professional ethics, and human relations; or
(4) techniques relevant to the type of license held.
Credits are valid for three years and must be completed with a board-approved provider of
continuing education during the three years prior to the applicant's renewal date and may
be applied simultaneously to other individual licenses held as applicable, except that credits
completed under this paragraph must not duplicate credits completed under paragraph (a).
(c) Paragraphs (a) and (b) do not apply to an instructor license, a school manager license,
or an inactive license.
Sec. 29.
Minnesota Statutes 2020, section 155A.29, subdivision 1, is amended to read:
Subdivision 1.
Licensing.
A person must not offer cosmetology services for compensation
unless the services are provided by a licensee in a licensed salon or as otherwise provided
in this section. deleted text begin Each salon must be licensed as a cosmetology salon, a nail salon, esthetician
salon, advanced practice esthetician salon, or eyelash extension salon. A salon may hold
more than one type of salon license.
deleted text end
Sec. 30.
Minnesota Statutes 2020, section 155A.30, subdivision 2, is amended to read:
Subd. 2.
Standards.
The board shall by rule establish minimum standards of course
content and length specific to the educational preparation prerequisite to testing and licensing
as cosmetologist,new text begin hair technician,new text end esthetician, deleted text begin anddeleted text end new text begin advanced practice esthetician,new text end nail
techniciannew text begin , and eyelash techniciannew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2024.
new text end
Sec. 31.
Minnesota Statutes 2020, section 155A.30, subdivision 3, is amended to read:
Subd. 3.
Applications.
Application for a license shall be prepared on forms furnished
by the board and shall contain the following and such other information as may be required:
(1) the name of the school, together with ownership and controlling officers, members,
and managing employees;
(2) the specific fields of instruction which will be offered and reconciliation of the course
content and length to meet the minimum standards, as prescribed in subdivision 2;
(3) the place or places where instruction will be given;
(4) a listing of the equipment available for instruction in each course offered;
(5) the maximum enrollment to be accommodated;
(6) a listing of instructors, all of whom shall be licensed as provided in section 155A.27,
subdivision 2, except that any school may use occasional instructors or lecturers who would
add to the general or specialized knowledge of the students but who need not be licensed;
(7) a current balance sheet, income statement or documentation to show sufficient
financial worth and responsibility to properly conduct a school and to assure financial
resources ample to meet the school's financial obligations;
(8) other financial guarantees which would assure protection of the public as determined
by rule; and
(9) a copy ofdeleted text begin all written material which the school uses to solicit prospective students,
including but not limited to a tuition and fee schedule, and all catalogues, brochures and
other recruitment advertisements. Each school shall annually, on a date determined by the
board, file with the board any new or amended materials which it has distributed during the
past year.deleted text end new text begin written materials that the school will use for prospective student enrollment,
including the enrollment contract, student handbook, and tuition and fee information.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2024.
new text end
Sec. 32.
Minnesota Statutes 2020, section 155A.30, subdivision 4, is amended to read:
Subd. 4.
Verification of application.
Each application shall be signed and certified to
under oath by the proprietor if the applicant is a proprietorship, by the managing partner if
the applicant is a partnership, or by the authorized officers of the applicant if the applicant
is a corporation, association, company, firm, society or trustdeleted text begin .deleted text end new text begin , except that schools in the
Minnesota State Colleges and Universities system and secondary schools must provide a
signature from the dean, principal, or other authorized signatory.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2024.
new text end
Sec. 33.
Minnesota Statutes 2020, section 155A.30, subdivision 11, is amended to read:
Subd. 11.
Instruction requirements.
(a) Instruction may be offered for no more than
ten hours per day per student.
(b) Instruction must be given within a licensed school buildingnew text begin except as provided for
in paragraph (c)new text end . deleted text begin Online instruction is permitted for board-approved theory-based classes.deleted text end new text begin
Instruction may be given online for theory-based portions of a board-approved curriculum.new text end
Practice-based deleted text begin classesdeleted text end new text begin portions of a board-approved curriculumnew text end must not be given online.
new text begin
(c) Schools may offer field trips outside of a licensed school building if the field trips
are related to the course curriculum for industry educational purposes.
new text end
Sec. 34. new text begin BOARD OF COSMETOLOGIST EXAMINERS LICENSING WORKING
GROUP.
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The board shall establish a working group to study and report to the legislative committees
with jurisdiction over the Board of Cosmetologist Examiners by January 1, 2024, on:
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(1) evaluating the salon manager license and school manager license;
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(2) evaluating the scope and requirements for special event services and homebound
services permits and considering merging both permits; and
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(3) evaluating an endorsement-based licensing structure.
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Sec. 35. new text begin REVISOR INSTRUCTION.
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The revisor of statutes must change "Board of Cosmetologist Examiners" to "Board of
Cosmetology" wherever it appears in Minnesota Statutes.
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Sec. 36. new text begin REPEALER.
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Minnesota Rules, parts 2100.2500; 2100.2600; 2100.2900; 2100.3000; and 2100.3200,
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are repealed.
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APPENDIX
Repealed Minnesota Statutes: H4293-1
1.135 STATE SEAL.
Subdivision 1.
Purpose.
This section prescribes the design and states the historical symbolism of the Great Seal of the State of Minnesota.
Subd. 2.
Official seal.
The seal described in subdivision 3 is the "Great Seal of the State of Minnesota." When the seal, the impression of the seal, the scene within the seal, or its likeness is reproduced at state expense, it must conform to subdivision 3 and section 4.04. A seal, impression, scene, or likeness which does not conform to these provisions is not official.
Subd. 3.
Design.
The design of the seal is as described in this subdivision.
(a) The seal is composed of two concentric borders. The outside forms the border of the seal and the inside forms the border for the illustrations within the seal. The area between the two borders contains lettering.
(b) The seal is two inches in diameter. The outside border has a radius of one inch and resembles the serrated edge of a coin. The width of the border is 1/16 of an inch.
(c) The inside border has a radius of three-fourths of an inch and is composed of a series of closely spaced dots measuring 1/32 of an inch in diameter.
(d) Within the area between the borders "The Great Seal of the State of Minnesota" is printed in capital letters. Under that is the date "1858" with two dagger symbols separating the date and the letters. The lettering is 14-point century bold.
(e) In the area within the inside border is the portrayal of an 1858 Minnesota scene made up of various illustrations that serve to depict a settler plowing the ground near the Falls of St. Anthony while he watches an Indian on horseback riding in the distance.
(f) For the purposes of description, when the area within the inside border is divided into quadrants, the following illustrations should be clearly visible in the area described.
(1) In the upper parts of quadrants one and two, the inscription "L'Etoile du Nord" is found on the likeness of a scroll whose length is equal to twice the length of the inscription, but whose ends are twice folded underneath and serve to enhance the inscription. The lettering is 7-point century bold.
(2) In quadrant two is found a likeness of a sun whose ambient rays form a background for a male Indian in loincloth and plume riding on horseback at a gallop. The Indian is sitting erect and is holding a spear in his left hand at an upward 60-degree angle to himself and is looking toward the settler in quadrant four.
(3) In quadrant one, three pine trees form a background for a picturesque resemblance of St. Anthony Falls in 1858.
(4) In quadrants three and four, cultivated ground is found across the lower half of the seal, which provides a background for the scenes in quadrants three and four.
(5) In quadrant three, a tree stump is found with an ax embedded in the stump and a period muzzleloader resting on it. A powder flask is hanging towards the end of the barrel.
(6) In quadrant four, a white barefoot male pioneer wearing clothing and a hat of that period is plowing the earth, using an animal-drawn implement from that period. The animal is not visible. The torso of the man continues into quadrant two, and he has his legs spread apart to simulate movement. He is looking at the Indian.
Subd. 4.
Additional effects; size.
Every effort shall be made to reproduce the seal with justification to the 12 o'clock position and with attention to the authenticity of the illustrations used to create the scene within the seal. The description of the scene in this section does not preclude the graphic inclusion of the effects of movement, sunlight, or falling water when the seal is reproduced. Nor does this section prohibit the enlargement, proportioned reduction, or embossment of the seal for its use in unofficial acts.
Subd. 5.
Historical symbolism of seal.
The sun, visible on the western horizon, signifies summer in the northern hemisphere. The horizon's visibility signifies the flat plains covering much of Minnesota. The Indian on horseback is riding due south and represents the great Indian heritage of Minnesota. The Indian's horse and spear and the Pioneer's ax, rifle, and plow represent tools that were used for hunting and labor. The stump symbolizes the importance of the lumber industry in Minnesota's history. The Mississippi River and St. Anthony Falls are depicted to note the importance of these resources in transportation and industry. The cultivated ground and the plow symbolize the importance of agriculture in Minnesota. Beyond the falls three pine trees represent the state tree and the three great pine regions of Minnesota; the St. Croix, Mississippi, and Lake Superior.
Subd. 6.
State's duties.
State agencies and departments using the seal, its impression, the scene within the seal or its likeness shall make every effort to bring any seal, impression, scene, or likeness currently fixed to a permanent object into accordance with this section and section 4.04. Expendable material to which the seal or any impression, scene, or likeness is currently affixed may be used until the supply is exhausted. All unused dies and engravings of the Great Seal shall be given to the Minnesota Historical Society, along with all historical information available about the seal, to be retained in the society's permanent collection.
1.141 STATE FLAG.
Subdivision 1.
Adoption.
The design of the state flag proposed by the Legislative Interim Commission acting under Laws 1955, chapter 632, is adopted as the official state flag.
Subd. 2.
Photograph.
The secretary of state shall file a photograph of the state flag. The secretary shall also retain custodial control over the sample design flag of the commission for use by the public for copies.
Subd. 3.
Description.
The design of the flag shall conform substantially to the following description: The staff is surmounted by a bronze eagle with outspread wings; the flag is rectangular in shape and is on a medium blue background with a narrow gold border and a golden fringe. A circular emblem is contained in the center of the blue field. The circular emblem is on a general white background with a yellow border. The word MINNESOTA is inscribed in red lettering on the lower part of the white field. The white emblem background surrounding a center design contains 19 five pointed stars arranged symmetrically in four groups of four stars each and one group of three stars. The latter group is in the upper part of the center circular white emblem. The group of stars at the top in the white emblem consists of three stars of which the uppermost star is the largest and represents the North Star. A center design is contained on the white emblem and is made up of the scenes from the Great Seal of the State of Minnesota, surrounded by a border of intertwining Cypripedium reginae, the state flower, on a blue field of the same color as the general flag background. The flower border design contains the figures 1819, 1858, 1893.
The coloring is the same on both sides of the flag, but the lettering and the figures appear reversed on one side.
Subd. 4.
Official flag.
The flag described above is the official flag of the state of Minnesota.
Subd. 5.
Hours of flying.
The official state flag shall be flown on the State Capitol grounds at all times between sunrise and sunset.
Subd. 6.
Folding of state flag for presentation or display.
The following procedures constitute the proper way to fold the Minnesota State Flag for presentation or display. Fold the flag four times lengthwise so that one section displays the three stars of the state crest and the text "L'Etoile du Nord." Fold each side behind the displayed section at a 90-degree angle so that the display section forms a triangle. Take the section ending with the hoist and fold it at a 90-degree angle across the bottom of the display section and then fold the hoist back over so it is aligned with the middle of the display section. Fold the other protruding section directly upwards so that its edge is flush with the display section and then fold it upwards along a 45-degree angle so that a mirror of the display section triangle is formed. Fold the mirror section in half from the point upwards, then fold the remaining portion upwards, tucking it between the display section and the remainder of the flag.
Subd. 7.
Folding of state flag for storage.
When folding the Minnesota State Flag for storage, the proper procedure is to fold and store the flag in the same manner as the national colors.
12.03 DEFINITIONS.
Subd. 5d.
Local government.
"Local government" has the meaning given in Code of Federal Regulations, title 44, section 206.2 (2012).
136F.03 CANDIDATE ADVISORY COUNCIL.
Subdivision 1.
Purpose.
A Candidate Advisory Council for the board shall assist the governor in determining criteria for, and identifying and recruiting qualified candidates for, nonstudent membership on the board.
Subd. 2.
Membership.
The advisory council consists of 24 members. Twelve members are appointed by the Subcommittee on Committees of the Committee on Rules and Administration of the senate. Twelve members are appointed by the speaker of the house. No more than one-third of the members appointed by each appointing authority may be current or former legislators. No more than two-thirds of the members appointed by each appointing authority may belong to the same political party; however, political activity or affiliation is not required for the appointment of a member. Geographical representation must be taken into consideration when making appointments. Section 15.0575 governs the advisory council, except that the members must be appointed to six-year terms.
Subd. 3.
Duties.
(a) The advisory council shall:
(1) develop a statement of the selection criteria to be applied and a description of the responsibilities and duties of a member of the board and shall distribute this to potential candidates; and
(2) for each position on the board, identify and recruit qualified candidates for the board, based on the background and experience of the candidates, and their potential for discharging the responsibilities of a member of the board.
(b) Selection criteria developed under this section must include the requirement that trustees represent diversity in geography, gender, race, occupation, and experience.
(c) Selection criteria developed under this section must also include the identification of the membership needs of the board for individual skills relevant to the governance of the Minnesota State Colleges and Universities and the needs for certain individual characteristics that include geographic location, gender, race, occupation, and experience.
Subd. 4.
Recommendations.
Except for seats filled under sections 136F.04 and 136F.045, the advisory council shall recommend at least two and not more than four candidates for each seat. By April 15 of each even-numbered year in which the governor makes appointments to the board, the advisory council shall submit its recommendations to the governor and to the chairs and ranking minority members of the legislative committees with primary jurisdiction over higher education policy and finance. The governor is not bound by these recommendations.
Subd. 5.
Support services.
The Legislative Coordinating Commission shall provide administrative and support services for the advisory council.
179.90 OFFICE OF COLLABORATION AND DISPUTE RESOLUTION.
The commissioner of mediation services shall establish an Office of Collaboration and Dispute Resolution within the bureau. The office must:
(1) promote the broad use of community mediation in the state, ensuring 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;
(2) assist state agencies, offices of the executive, legislative, and judicial branches, and units of local government in improving collaboration and dispute resolution;
(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) educate the public and governmental entities on dispute resolution options; and
(5) promote and utilize collaborative dispute resolution models and processes based on documented best practices including, but not limited to, the Minnesota Solutions model:
(i) establishing criteria and procedures for identification and assessment of dispute resolution projects;
(ii) designating projects and appointing impartial convenors by the commissioner or the commissioner's designee;
(iii) forming multidisciplinary conflict resolution teams; and
(iv) utilizing collaborative techniques, processes, and standards through facilitated meetings until consensus among parties is reached in resolving a dispute.
179.91 GRANTS.
Subdivision 1.
Authority.
The commissioner of mediation services 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. 2.
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. 3.
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. Sections 16B.97 and 16B.98 and policies adopted under those sections apply to grants under this section. The exclusions in section 494.03 apply to grants under this section.
Subd. 4.
Reporting.
Grantees must report data required under chapter 494 to evaluate quality and outcomes.
Repealed Minnesota Rule: H4293-1
2100.2500 EXAMINATION DATES.
Examinations for a certificate as a registered barber shall be held in the second week of February, May, August, and November of each year. Notice of the examination shall be given during the first week of the month preceding the month in which the examination is to be held. Two additional examinations may be held when the board determines it is cost efficient.
2100.2600 APPLICATION FOR EXAMINATION.
An applicant for examination as a registered barber shall file an application for examination on forms furnished by the board. This application must be filed with the board no later than the 20th day of the month preceding the month in which the examination is to be given; provided, however, that the board shall, upon the showing of a hardship, accept applications at a later date.
Applicants for registered barber status must complete the program entitled "Home Study Course for Barbers" prepared or approved by the Board of Barber Examiners before the examination may be taken.
2100.2900 CONTENTS OF EXAMINATION.
An examination consists of five parts: a written examination and four practical services. The type of haircut, shave or beard trim, and two of the following practical services: shampoo, perm wrap, facial, or color application, will be determined at the discretion of the board.
2100.3000 GRADING OF EXAMINATION.
The registered barber examinations given pursuant to Minnesota Statutes, section 154.09, shall be graded as follows: The grading criteria for the written part of the examination and the passing grade will be established for each written examination at the time of its preparation; however, the lowest passing grade established shall never be less than 55. The grading for the practical performances part of the examination will be on a scale of 1 to 100 with 100 representing a perfect score. A score of 75 will be the minimum passing grade for the haircut portion, and 75 will also be the minimum passing score for the average of the remaining parts of the practical performances. If an applicant does not receive at least the established minimum passing grade on the written portion of the examination, or at least a grade of 75 on the haircut portion of the examination, or score an average of at least 75 on the remaining parts of the practical examination, the applicant will have failed the examination, and may only retake the examination after paying the necessary fee and meeting the requirements of Minnesota Statutes, section 154.05.
2100.3200 FAILURE OF EXAMINATION.
An individual who has not held a Minnesota barber registration prior to examination and who fails the examination and onetime written retake, if applicable, shall complete an additional 500 hours of barber school to be eligible to retake the examination as many times as necessary to pass.
An individual who has previously held a Minnesota barber registration as an apprentice or registered barber may take the examination as many times as necessary to reinstate the registration without additional barber school hours.