Minnesota Legislature
HF 5242
2nd Engrossment - 93rd Legislature (2023 - 2024) Posted on 04/26/2024 11:16am
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 03/28/2024 | |
| 1st Engrossment | Posted on 04/24/2024 | |
| 2nd Engrossment | Posted on 04/26/2024 |
Current Version - 2nd Engrossment
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
2.41 2.42 2.43 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 3.33 3.34 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 4.33 4.34 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 5.35 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 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 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 8.34 8.35 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 10.30
10.31 10.32 10.33 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 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 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 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 14.30 14.31 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
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 17.30 17.31 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
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
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 20.30 20.31 20.32 20.33 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 21.32 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
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 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 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 27.29 27.30 27.31 27.32 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 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 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 31.30 31.31 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 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 34.31 34.32 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 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 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 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 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 39.32 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 41.34 41.35 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 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 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 44.31 44.32
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 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
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 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 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 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 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 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 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
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 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 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 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 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 63.32 63.31 64.1 64.2 64.4 64.3 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 64.23 64.22 64.24 64.26 64.25 64.27 64.28 64.29 64.30 64.31 64.32 64.33 64.34 64.35 64.36 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 65.30
65.31 65.33 65.32 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
66.30 66.31 66.32 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 67.30 67.31 67.32 67.33
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 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 69.30 69.31 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 70.32 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 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
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 73.33 73.34 73.35 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 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 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 77.29 77.30 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
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 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
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 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 83.29 83.30 83.31 83.32 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 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
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 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 88.31 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 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 90.33 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 91.32 91.33 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 92.32 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 93.31 93.32
93.33 93.34 93.35
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
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 97.33 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 98.32 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 99.31 100.1 100.2 100.3 100.4 100.5 100.6
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
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
101.28 101.29 101.30 101.31 102.1 102.2 102.3 102.4 102.5 102.6 102.7 102.8 102.9 102.10 102.11
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
102.28 102.29 102.30 102.31 103.1 103.2 103.3 103.4 103.5 103.6 103.7 103.8 103.9 103.10 103.11 103.12 103.13 103.14
103.15 103.16 103.17 103.18 103.19
103.20 103.21 103.22 103.23 103.24 103.25 103.26 103.27 103.28 103.29 103.30 103.31 103.32 103.33 104.1 104.2 104.3 104.4 104.5 104.6 104.7 104.8 104.9 104.10
104.11 104.12 104.13 104.14 104.15 104.16 104.17 104.18 104.19 104.20 104.21 104.22 104.23 104.24 104.25 104.26 104.27 104.28 104.29 104.30 104.31 104.32 104.33 104.34 104.35 105.1 105.2 105.3 105.4
105.5 105.6 105.7 105.8 105.9 105.10 105.11 105.12
105.13 105.14 105.15 105.16 105.17 105.18 105.19 105.20 105.21 105.22 105.23 105.24 105.25 105.26 105.27 105.28 105.29 105.30 105.31 105.32 106.1 106.2 106.3 106.4 106.5 106.6 106.7 106.8 106.9 106.10 106.11 106.12 106.13 106.14 106.15 106.16 106.17 106.18 106.19 106.20 106.21 106.22 106.23 106.24 106.25 106.26 106.27 106.28 106.29 106.30 106.31 107.1 107.2 107.3 107.4 107.5 107.6 107.7 107.8 107.9 107.10 107.11 107.12 107.13 107.14 107.15 107.16 107.17 107.18 107.19 107.20 107.21 107.22 107.23 107.24 107.25 107.26 107.27 107.28 107.29 107.30 107.31 107.32 108.1 108.2
108.3 108.4 108.5 108.6 108.7 108.8 108.9 108.10 108.11 108.12 108.13 108.14 108.15 108.16 108.17 108.18 108.19 108.20 108.21 108.22 108.23 108.24 108.25 108.26 108.27 108.28 108.29 108.30 108.31 109.1 109.2 109.3 109.4 109.5 109.6 109.7 109.8 109.9 109.10 109.11 109.12 109.13 109.14 109.15 109.16 109.17 109.18 109.19 109.20 109.21 109.22 109.23 109.24 109.25 109.26 109.27 109.28 109.29 109.30 109.31 109.32 110.1 110.2 110.3 110.4 110.5 110.6 110.7 110.8 110.9 110.10 110.11 110.12 110.13 110.14 110.15 110.16 110.17 110.18 110.19 110.20 110.21 110.22 110.23 110.24 110.25 110.26 110.27 110.28 110.29 110.30 110.31 110.32 111.1 111.2 111.3 111.4 111.5 111.6 111.7 111.8 111.9 111.10 111.11 111.12 111.13 111.14 111.15 111.16 111.17 111.18 111.19 111.20 111.21 111.22 111.23 111.24 111.25 111.26 111.27 111.28 111.29 111.30 111.31 112.1 112.2 112.3 112.4 112.5 112.6 112.7 112.8 112.9 112.10 112.11 112.12 112.13 112.14 112.15 112.16 112.17 112.18 112.19 112.20 112.21 112.22 112.23 112.24 112.25 112.26 112.27 112.28 112.29 112.30 112.31 112.32 112.33 113.1 113.2 113.3 113.4 113.5 113.6 113.7 113.8 113.9 113.10 113.11 113.12 113.13 113.14 113.15 113.16 113.17 113.18 113.19 113.20 113.21 113.22 113.23 113.24 113.25 113.26 113.27 113.28 113.29 113.30 113.31 113.32 114.1 114.2 114.3 114.4 114.5 114.6 114.7 114.8 114.9 114.10 114.11 114.12 114.13 114.14 114.15 114.16 114.17 114.18 114.19 114.20 114.21 114.22 114.23 114.24 114.25 114.26 114.27 114.28 114.29 114.30 114.31 114.32 114.33 115.1 115.2 115.3 115.4 115.5 115.6
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
116.13 116.14 116.15 116.16 116.17 116.18 116.19 116.20 116.21 116.22 116.23 116.24 116.25 116.26 116.27 116.28 116.29 116.30 116.31 117.1 117.2 117.3 117.4 117.5 117.6 117.7 117.8 117.9 117.10 117.11 117.12 117.13 117.14 117.15 117.16 117.17 117.18 117.19 117.20 117.21 117.22 117.23 117.24 117.25 117.26 117.27 117.28 117.29 117.30 117.31 117.32 118.1 118.2 118.3 118.4 118.5 118.6 118.7 118.8 118.9 118.10 118.11 118.12 118.13 118.14 118.15 118.16 118.17 118.18 118.19 118.20 118.21 118.22 118.23 118.24 118.25 118.26 118.27 118.28 118.29 118.30 119.1 119.2 119.3 119.4 119.5 119.6 119.7 119.8 119.9 119.10 119.11 119.12
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
120.25 120.26 120.27 120.28 120.29 121.1 121.2 121.3 121.4 121.5 121.6 121.7 121.8 121.9 121.10 121.11 121.12 121.13 121.14 121.15 121.16 121.17 121.18 121.19 121.20 121.21 121.22 121.23 121.24 121.25 121.26 121.27 121.28 121.29 121.30 121.31 121.32 121.33 122.1 122.2 122.3
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
122.18 122.19 122.20 122.21 122.22 122.23 122.24 122.25 122.26 122.27 122.28 122.29 122.30 122.31 123.1 123.2 123.3 123.4 123.5 123.6 123.7 123.8 123.9 123.10 123.11 123.12 123.13 123.14 123.15 123.16 123.17 123.18 123.19 123.20 123.21
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
124.16 124.17 124.18 124.19 124.20 124.21 124.22 124.23 124.24 124.25 124.26 124.27 124.28 124.29 124.30 124.31 124.32 124.33 124.34 125.1 125.2 125.3 125.4 125.5 125.6 125.7 125.8 125.9 125.10 125.11 125.12 125.13 125.14 125.15 125.16 125.17 125.18 125.19 125.20 125.21 125.22 125.23 125.24 125.25 125.26 125.27 125.28 125.29 125.30 125.31 125.32 125.33 126.1 126.2 126.3 126.4 126.5 126.6 126.7 126.8 126.9 126.10 126.11 126.12 126.13 126.14 126.15 126.16 126.17 126.18 126.19 126.20 126.21 126.22 126.23 126.24 126.25 126.26 126.27 126.28 126.29 126.30 126.31 126.32 126.33 126.34 127.1 127.2
127.3 127.4 127.5
127.6 127.7 127.8 127.9 127.10 127.11 127.12 127.13 127.14 127.15 127.16 127.17 127.18 127.19 127.20 127.21 127.22 127.23 127.24 127.25 127.26 127.27 127.28 127.29 127.30 127.31 127.32 128.1 128.2 128.3 128.4 128.5 128.6 128.7 128.8 128.9 128.10 128.11 128.12 128.13 128.14 128.15 128.16 128.17 128.18 128.19 128.20 128.21 128.22 128.23 128.24 128.25 128.26 128.27 128.28 128.29
128.30 128.31 128.32 128.33 129.1 129.2 129.3 129.4 129.5 129.6 129.7 129.8 129.9 129.10 129.11 129.12 129.13
129.14 129.15 129.16 129.17 129.18 129.19
129.20 129.21 129.22 129.23 129.24 129.25 129.26 129.27 129.28 129.29 129.30 129.31 130.1 130.2 130.3 130.4 130.5 130.6 130.7 130.8 130.9 130.10 130.11 130.12 130.13 130.14 130.15 130.16 130.17 130.18 130.19 130.20 130.21 130.22 130.23 130.24 130.25 130.26 130.27 130.28 130.29 130.30 130.31 130.32 130.33 131.1 131.2 131.3 131.4 131.5 131.6 131.7 131.8 131.9 131.10 131.11 131.12 131.13 131.14 131.15 131.16 131.17 131.18 131.19 131.20 131.21 131.22 131.23 131.24 131.25 131.26 131.27 131.28 131.29 131.30 132.1 132.2 132.3 132.4 132.5 132.6 132.7 132.8 132.9 132.10 132.11 132.12 132.13 132.14 132.15 132.16 132.17 132.18 132.19 132.20 132.21 132.22 132.23 132.24 132.25 132.26 132.27 132.28 132.29 132.30 133.1 133.2 133.3 133.4 133.5 133.6 133.7 133.8 133.9 133.10 133.11 133.12 133.13 133.14 133.15 133.16 133.17 133.18 133.19 133.20 133.21 133.22 133.23 133.24 133.25 133.26 133.27 133.28 133.29 133.30 133.31 133.32 133.33 134.1 134.2 134.3 134.4 134.5 134.6 134.7 134.8 134.9 134.10 134.11 134.12 134.13 134.14 134.15 134.16 134.17 134.18 134.19 134.20 134.21 134.22 134.23 134.24 134.25 134.26 134.27 134.28 134.29 134.30 134.31 135.1 135.2 135.3 135.4 135.5 135.6 135.7 135.8 135.9 135.10 135.11 135.12 135.13 135.14 135.15 135.16 135.17 135.18 135.19 135.20 135.21 135.22 135.23 135.24 135.25 135.26 135.27 135.28 135.29 135.30 135.31 135.32 135.33 135.34 136.1 136.2 136.3
136.4 136.5
136.6 136.7 136.8 136.9 136.10 136.11 136.12
136.13 136.14 136.15 136.16
136.17 136.18 136.19 136.20 136.21 136.22 136.23 136.24
136.25 136.26 136.27 136.28 136.29 136.30 136.31 137.1 137.2 137.3 137.4 137.5 137.6 137.7 137.8 137.9 137.10 137.11 137.12 137.13 137.14 137.15 137.16 137.17 137.18 137.19 137.20 137.21 137.22 137.23 137.24 137.25 137.26 137.27 137.28 137.29 137.30 137.31 137.32 138.1 138.2 138.3 138.4 138.5 138.6 138.7 138.8 138.9 138.10 138.11 138.12 138.13 138.14 138.15 138.16 138.17 138.18 138.19 138.20 138.21 138.22 138.23 138.24 138.25 138.26 138.27 138.28 138.29 138.30 138.31 138.32 139.1 139.2 139.3 139.4 139.5 139.6 139.7 139.8 139.9 139.10 139.11 139.12 139.13 139.14 139.15
139.16
139.17 139.18
139.19 139.21 139.20 139.22 139.23 139.24 139.25 139.26 139.27 139.28 139.29 139.30
140.1 140.3 140.2 140.4 140.5 140.6 140.7 140.8
140.9 140.11 140.10 140.12 140.13 140.14 140.15
140.16 140.17 140.18 140.19 140.20 140.21 140.22 140.23 140.24 140.25 140.26 140.27 140.28 140.29 140.30 140.31
141.1 141.2 141.3 141.4 141.5
141.6 141.7 141.8 141.9
141.10 141.11
141.12 141.13 141.14 141.15 141.16 141.17 141.18 141.19
141.20
141.21 141.22 141.23 141.24 141.25 141.26 141.27 141.28 141.29 141.30 141.31 142.1 142.2
142.3 142.4 142.5 142.6 142.7 142.8 142.9 142.10 142.11 142.12 142.13 142.14
142.15 142.16 142.17 142.18 142.19 142.20 142.21 142.22 142.23
142.24 142.25 142.26 142.27 142.28 142.29 142.30 143.1 143.2 143.3 143.4 143.5 143.6
143.7 143.8 143.9 143.10 143.11 143.12 143.13 143.14 143.15 143.16 143.17 143.18 143.19 143.20 143.21 143.22 143.23 143.24 143.25 143.26 143.27 143.28 143.29 143.30 143.31 143.32 143.33 143.34 144.1 144.2 144.3 144.4 144.5 144.6 144.7 144.8 144.9 144.10 144.11
144.12 144.13 144.14 144.15 144.16 144.17 144.18 144.19 144.20 144.21 144.22 144.23 144.24 144.25 144.26 144.27 144.28 144.29 144.30 144.31 144.32 144.33 144.34
145.1 145.2 145.3 145.4 145.5 145.6 145.7 145.8 145.9 145.10 145.11 145.12 145.13 145.14 145.15 145.16 145.17 145.18 145.19
145.20 145.21 145.22 145.23 145.24 145.25 145.26 145.27 145.28 145.29 145.30 145.31 145.32 145.33 145.34 146.1 146.2 146.3 146.4 146.5 146.6 146.7 146.8 146.9 146.10 146.11
146.12 146.13 146.14 146.15 146.16 146.17 146.18 146.19 146.20 146.21 146.22 146.23 146.24 146.25 146.26 146.27 146.28 146.29 146.30 146.31 146.32 146.33 146.34
147.1 147.2 147.3 147.4 147.5 147.6 147.7 147.8 147.9 147.10 147.11 147.12 147.13 147.14 147.15
147.16 147.17 147.18 147.19 147.20 147.21 147.22 147.23 147.24 147.25 147.26
147.27 147.28 147.29 147.30 147.31 147.32
148.1 148.2 148.3 148.4 148.5 148.6 148.7 148.8 148.9 148.10 148.11 148.12 148.13 148.14 148.15 148.16 148.17 148.18 148.19 148.20 148.21 148.22 148.23 148.24 148.25 148.26 148.27 148.28 148.29 148.30 148.31 148.32 148.33 148.34 148.35 149.1 149.2 149.3 149.4 149.5 149.6 149.7 149.8 149.9 149.10 149.11 149.12 149.13 149.14 149.15 149.16 149.17 149.18 149.19 149.20 149.21 149.22 149.23 149.24 149.25 149.26 149.27 149.28 149.29 149.30 149.31 149.32
150.1 150.2 150.3
150.4 150.5 150.6 150.7 150.8 150.9 150.10 150.11
150.12 150.13 150.14 150.15 150.16 150.17 150.18 150.19 150.20 150.21 150.22 150.23
150.24 150.25 150.26 150.27 150.28 150.29 150.30
151.1 151.2 151.3 151.4 151.5 151.6 151.7 151.8 151.9 151.10 151.11
151.12 151.13 151.14 151.15 151.16 151.17 151.18 151.19 151.20 151.21 151.22 151.23 151.24 151.25 151.26
151.27 151.28 151.29 151.30 151.31 151.32 151.33 152.1 152.2 152.3 152.4 152.5 152.6
152.7 152.8 152.9 152.10 152.11 152.12
152.13 152.14 152.15 152.16 152.17 152.18 152.19 152.20 152.21 152.22 152.23 152.24 152.25
152.26 152.27 152.28 152.29 152.30 152.31 153.1 153.2
153.3 153.4 153.5 153.6 153.7 153.8 153.9 153.10 153.11 153.12 153.13 153.14 153.15 153.16 153.17 153.18 153.19 153.20 153.21 153.22 153.23 153.24 153.25 153.26 153.27 153.28 153.29 153.30 153.31 153.32 154.1 154.2 154.3 154.4 154.5 154.6 154.7 154.8 154.9 154.10 154.11 154.12 154.13 154.14 154.15 154.16 154.17 154.18 154.19 154.20 154.21 154.22 154.23 154.24 154.25 154.26 154.27 154.28 154.29 154.30 155.1 155.2 155.3 155.4 155.5 155.6 155.7 155.8 155.9 155.10 155.11 155.12 155.13 155.14 155.15 155.16 155.17 155.18 155.19 155.20
155.21 155.22 155.23 155.24
155.25 155.26 155.27 155.28 155.29 156.1 156.2 156.3 156.4 156.5 156.6 156.7 156.8 156.9 156.10 156.11 156.12 156.13 156.14 156.15 156.16 156.17 156.18 156.19 156.20 156.21 156.22 156.23 156.24 156.25 156.26 156.27 156.28 156.29 156.30 156.31 156.32 156.33 157.1 157.2 157.3 157.4 157.5 157.6 157.7 157.8 157.9 157.10 157.11 157.12 157.13 157.14 157.15 157.16 157.17 157.18 157.19 157.20 157.21 157.22 157.23 157.24 157.25 157.26
157.27 157.28 157.29 157.30 157.31 157.32 157.33 158.1 158.2 158.3 158.4 158.5 158.6 158.7 158.8 158.9 158.10 158.11 158.12 158.13 158.14
158.15 158.16 158.17 158.18 158.19 158.20 158.21 158.22 158.23 158.24 158.25 158.26 158.27 158.28 158.29 158.30 158.31 158.32 158.33 159.1 159.2 159.3 159.4
159.5 159.6 159.7 159.8 159.9 159.10 159.11 159.12 159.13 159.14 159.15 159.16 159.17 159.18 159.19 159.20 159.21 159.22 159.23 159.24 159.25 159.26 159.27 159.28 159.29 160.1 160.2 160.3 160.4 160.5 160.6 160.7 160.8 160.9 160.10 160.11 160.12 160.13 160.14 160.15 160.16 160.17 160.18 160.19 160.20 160.21 160.22 160.23 160.24 160.25 160.26 160.27 160.28
160.29 160.30 160.31 160.32 160.33 161.1 161.2 161.3 161.4
161.5 161.6 161.7 161.8 161.9 161.10 161.11 161.12 161.13 161.14 161.15 161.16 161.17
161.18
161.19 161.20 161.21 161.22 161.23 161.24 161.25 161.26 161.27 161.28 161.29 161.30 161.31 162.1 162.2 162.3 162.4 162.5 162.6 162.7 162.8 162.9 162.10 162.11 162.12 162.13 162.14 162.15 162.16 162.17 162.18 162.19 162.20 162.21 162.22 162.23 162.24 162.25 162.26 162.27 162.28 162.29 162.30 162.31 162.32 163.1 163.2 163.3 163.4 163.5 163.6 163.7 163.8 163.9 163.10 163.11 163.12 163.13 163.14 163.15 163.16 163.17 163.18 163.19 163.20 163.21 163.22 163.23 163.24 163.25 163.26 163.27 163.28
163.29
164.1 164.2 164.3 164.4 164.5 164.6
164.7 164.8 164.9 164.10 164.11 164.12 164.13 164.14 164.15 164.16 164.17 164.18 164.19 164.20 164.21 164.22 164.23 164.24 164.25 164.26 164.27 164.28 164.29 164.30 164.31 164.32 165.1 165.2 165.3 165.4 165.5 165.6 165.7 165.8 165.9 165.10 165.11 165.12 165.13 165.14
165.15 165.16 165.17 165.18 165.19 165.20 165.21 165.22 165.23 165.24 165.25 165.26 165.27 165.28 165.29 165.30 165.31 166.1 166.2 166.3 166.4 166.5 166.6 166.7 166.8 166.9 166.10 166.11 166.12 166.13 166.14 166.15 166.16 166.17 166.18 166.19 166.20 166.21 166.22 166.23 166.24 166.25 166.26 166.27 166.28 166.29 166.30 166.31 166.32 166.33 167.1 167.2 167.3 167.4 167.5 167.6 167.7
167.8 167.9 167.10 167.11 167.12 167.13 167.14 167.15 167.16 167.17 167.18 167.19 167.20 167.21 167.22 167.23 167.24 167.25
167.26 167.27 167.28 167.29 168.1 168.2 168.3 168.4 168.5 168.6 168.7 168.8 168.9 168.10
168.11 168.12 168.13 168.14 168.15 168.16 168.17 168.18 168.19 168.20 168.21 168.22 168.23 168.24 168.25 168.26 168.27 168.28 168.29 168.30 168.31 168.32 168.33 169.1 169.2 169.3 169.4 169.5 169.6 169.7 169.8 169.9 169.10 169.11 169.12 169.13 169.14 169.15 169.16 169.17 169.18 169.19 169.20 169.21
169.22 169.23 169.24 169.25 169.26 169.27 169.28 169.29 169.30 169.31 169.32 169.33 170.1 170.2 170.3 170.4 170.5 170.6 170.7 170.8 170.9 170.10 170.11 170.12 170.13 170.14 170.15 170.16 170.17 170.18 170.19 170.20 170.21 170.22 170.23 170.24 170.25 170.26 170.27 170.28 170.29 170.30 170.31 170.32 170.33 170.34 170.35 171.1 171.2 171.3 171.4 171.5
171.6
171.7 171.8 171.9 171.10 171.11 171.12 171.13 171.14 171.15 171.16 171.17 171.18 171.19 171.20
171.21 171.22 171.23 171.24 171.25 171.26 171.27 171.28 171.29 171.30 171.31
172.1 172.2 172.3 172.4 172.5 172.6 172.7 172.8 172.9 172.10 172.11 172.12 172.13 172.14 172.15 172.16 172.17 172.18 172.19 172.20 172.21 172.22 172.23 172.24 172.25 172.26 172.27 172.28 172.29 172.30 173.1 173.2 173.3 173.4 173.5 173.6 173.7 173.8 173.9 173.10 173.11 173.12 173.13 173.14 173.15 173.16
173.17
173.18 173.19 173.20 173.21 173.22 173.23 173.24 173.25 173.26 173.27 173.28 173.29 173.30 173.31 173.32 173.33 174.1 174.2 174.3 174.4 174.5 174.6 174.7 174.8 174.9 174.10 174.11
174.12 174.13 174.14 174.15 174.16
174.17 174.18 174.19 174.20 174.21 174.22 174.23 174.24 174.25 174.26 174.27 174.28 174.29
174.30 174.31 174.32 175.1 175.2 175.3 175.4 175.5 175.6 175.7 175.8 175.9 175.10 175.11 175.12 175.13
175.14 175.15 175.16 175.17 175.18 175.19 175.20 175.21 175.22 175.23 175.24 175.25 175.26 175.27 175.28 175.29 175.30 176.1 176.2 176.3 176.4 176.5 176.6 176.7 176.8 176.9
176.10 176.11 176.12 176.13 176.14 176.15 176.16 176.17
176.18 176.19
176.20 176.21 176.22 176.23 176.24 176.25 176.26 176.27 176.28 176.29 176.30 176.31
177.1 177.2 177.3 177.4
177.5
177.6 177.7 177.8 177.9 177.10 177.11 177.12 177.13 177.14 177.15 177.16 177.17 177.18 177.19 177.20 177.21 177.22 177.23 177.24 177.25 177.26 177.27 177.28 177.29 177.30 178.1 178.2 178.3 178.4 178.5 178.6 178.7 178.8 178.9 178.10 178.11 178.12 178.13 178.14 178.15 178.16 178.17 178.18 178.19 178.20 178.21 178.22 178.23 178.24 178.25 178.26 178.27 178.28 178.29 178.30 178.31 179.1 179.2 179.3 179.4 179.5 179.6 179.7 179.8 179.9 179.10 179.11 179.12 179.13 179.14 179.15 179.16 179.17 179.18
179.19 179.20
A bill for an act
relating to transportation; appropriating money for a supplemental budget for the
Department of Transportation, Department of Public Safety, and the Metropolitan
Council; modifying prior appropriations; modifying various provisions related to
transportation and public safety, including but not limited to an intensive driver
testing program, greenhouse gas emissions, electric-assisted bicycles, high voltage
transmission, railroad safety, and transit; establishing civil penalties; establishing
an advisory committee; labor and industry; making supplemental appropriation
changes to labor provisions; modifying combative sports regulations, construction
codes and licensing, Bureau of Mediation provisions, public employee labor
relations provisions, University of Minnesota collective bargaining units,
miscellaneous labor provisions, broadband and pipeline safety, employee
misclassification, and minors appearing in internet content; housing; modifying
prior appropriations; establishing new programs and modifying existing programs;
expanding eligible uses of housing infrastructure bonds; authorizing the issuance
of housing infrastructure bonds; establishing a working group and a task force;
authorizing rulemaking; requiring reports; appropriating money; amending
Minnesota Statutes 2022, sections 13.6905, by adding a subdivision; 15.082;
116J.395, subdivision 6; 161.14, by adding subdivisions; 161.45, by adding
subdivisions; 161.46, subdivision 1; 168.09, subdivision 7; 168.092; 168.301,
subdivision 3; 168A.10, subdivision 2; 168A.11, subdivision 1; 169.011, by adding
subdivisions; 169.21, subdivision 6; 169.222, subdivisions 6a, 6b; 169A.55,
subdivision 4; 171.306, subdivisions 1, 8; 174.02, by adding a subdivision; 174.75,
subdivisions 1, 2, by adding a subdivision; 177.27, subdivision 3; 179A.11,
subdivisions 1, 2, by adding a subdivision; 179A.12, subdivision 5; 181.171,
subdivision 1; 181.722; 181.723; 181.960, subdivision 3; 181A.03, by adding
subdivisions; 216B.17, by adding a subdivision; 216E.02, subdivision 1; 221.0255,
subdivisions 4, 9, by adding a subdivision; 270B.14, subdivision 17, by adding a
subdivision; 299J.01; 299J.02, by adding a subdivision; 299J.04, subdivision 2;
299J.11; 326B.081, subdivisions 3, 6, 8; 326B.082, subdivisions 1, 2, 4, 6, 7, 10,
11, 13, by adding a subdivision; 326B.701; 326B.802, subdivision 13; 326B.89,
subdivisions 1, 5; 341.28, by adding a subdivision; 341.29; 462A.02, subdivision
10; 462A.03, by adding subdivisions; 462A.05, subdivisions 3b, 14a, 14b, 15, 15b,
21, 23; 462A.07, by adding subdivisions; 462A.202, subdivision 3a; 462A.21,
subdivisions 7, 8b; 462A.222, by adding a subdivision; 462A.35, subdivision 2;
462A.37, by adding a subdivision; 462A.40, subdivisions 2, 3; 462C.02, subdivision
6; 469.012, subdivision 2j; 473.13, by adding a subdivision; 473.388, by adding
a subdivision; 473.3927; 626.892, subdivision 10; Minnesota Statutes 2023
Supplement, sections 116J.871, subdivision 1, as amended; 161.178; 161.46,
subdivision 2; 168.1259; 169.011, subdivision 27; 169A.44, subdivision 1;
171.0705, subdivision 2; 171.13, subdivision 1; 174.38, subdivisions 3, 6; 174.634,
subdivision 2, by adding a subdivision; 177.27, subdivisions 1, 2, 4, 7; 177.42,
subdivision 2; 179A.03, subdivision 14; 179A.041, subdivision 10; 179A.06,
subdivision 6; 179A.07, subdivisions 8, 9; 179A.10, subdivision 2; 179A.12,
subdivisions 2a, 6, 11; 219.015, subdivision 2; 326B.106, subdivision 1; 326B.802,
subdivision 15; 341.25; 341.28, subdivision 5; 341.30, subdivision 4; 341.321;
341.33, by adding a subdivision; 341.355; 462A.05, subdivisions 14, 45; 462A.22,
subdivision 1; 462A.37, subdivisions 2, 5; 462A.39, subdivision 2; 473.4051, by
adding a subdivision; 477A.35, subdivisions 1, 2, 4, 5, 6, by adding a subdivision;
Laws 2021, First Special Session chapter 5, article 1, section 2, subdivision 2;
Laws 2023, chapter 37, article 1, section 2, subdivisions 1, 2, 17, 29, 32; article
2, section 12, subdivision 2; Laws 2023, chapter 52, article 19, section 120; Laws
2023, chapter 53, article 19, sections 2, subdivisions 1, 3, 5; 4; proposing coding
for new law in Minnesota Statutes, chapters 116J; 161; 168; 169; 171; 174; 181;
181A; 219; 325F; 462A; 469; 504B; repealing Minnesota Statutes 2022, sections
116J.398; 168.1297; 179.81; 179.82; 179.83, subdivision 1; 179.84, subdivision
1; 179.85; Minnesota Rules, parts 5520.0100; 5520.0110; 5520.0120; 5520.0200;
5520.0250; 5520.0300; 5520.0500; 5520.0520; 5520.0540; 5520.0560; 5520.0600;
5520.0620; 5520.0700; 5520.0710; 5520.0800; 7410.6180.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
TRANSPORTATION APPROPRIATIONS
Section 1. new text begin TRANSPORTATION APPROPRIATIONS.
|
new text begin
The sums shown in the columns marked "Appropriations" are added to the appropriations
in Laws 2023, chapter 68, article 1, to the agencies and for the purposes specified in this
article. The appropriations are from the trunk highway fund, or another named fund, and
are available for the fiscal years indicated for each purpose. Amounts for "Total
Appropriation" and sums shown in the corresponding columns marked "Appropriations by
Fund" are summary only and do not have legal effect. Unless specified otherwise, the
amounts in fiscal year 2025 under "Appropriations by Fund" are added to the base within
the meaning of Minnesota Statutes, section 16A.11, subdivision 3, by fund. The figures
"2024" and "2025" used in this article mean that the appropriations listed under them are
available for the fiscal year ending June 30, 2024, or June 30, 2025, respectively. "Each
year" is each of fiscal years 2024 and 2025.
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
2024 new text end |
new text begin
2025 new text end |
|||||
Sec. 2. new text begin DEPARTMENT OF
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
91,500,000 new text end |
||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
2024 new text end |
new text begin
2025 new text end |
|
|
new text begin
General new text end |
new text begin
-0- new text end |
new text begin
9,000,000 new text end |
|
new text begin
Trunk Highway new text end |
new text begin
-0- new text end |
new text begin
78,750,000 new text end |
|
new text begin
Special Revenue new text end |
new text begin
-0- new text end |
new text begin
3,750,000 new text end |
new text begin
The appropriations in this section are to the
commissioner of transportation.
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
State Roads
|
||||||
|
new text begin
(a) Operations and Maintenance new text end |
new text begin
-0- new text end |
new text begin
1,300,000 new text end |
||||
new text begin
$300,000 in fiscal year 2025 is for rumble
strips under Minnesota Statutes, section
161.1258.
new text end
new text begin
$1,000,000 in fiscal year 2025 is for
landscaping improvements under the
Department of Transportation's community
roadside landscape partnership program, with
prioritization of tree planting as feasible.
new text end
|
new text begin
(b) Program Planning and Research new text end |
new text begin
-0- new text end |
new text begin
3,800,000 new text end |
||||
new text begin
$3,000,000 in fiscal year 2025 is for
implementation and development of statewide
and regional travel demand modeling related
to the requirements under Minnesota Statutes,
section 161.178. This is a onetime
appropriation and is available until June 30,
2026.
new text end
new text begin
$800,000 in fiscal year 2025 is for one or more
grants to metropolitan planning organizations
outside the metropolitan area, as defined in
Minnesota Statutes, section 473.121,
subdivision 2, for modeling activities related
to the requirements under Minnesota Statutes,
section 161.178. This is a onetime
appropriation.
new text end
new text begin Subd. 3. new text end
new text begin
Small Cities
|
new text begin
-0- new text end |
new text begin
9,000,000 new text end |
||||
new text begin
$9,000,000 in fiscal year 2025 is from the
general fund for the small cities assistance
program under Minnesota Statutes, section
162.145. This appropriation must be allocated
and distributed in the July 2024 payment. This
is a onetime appropriation.
new text end
new text begin Subd. 4. new text end
new text begin
Trunk Highway 65
|
new text begin
-0- new text end |
new text begin
1,000,000 new text end |
||||
new text begin
$1,000,000 in fiscal year 2025 is from the
trunk highway fund for one or more grants to
the city of Blaine, Anoka County, or both, for
predesign and design of intersection safety
improvements along marked Trunk Highway
65 from the interchange with marked U.S.
Highway 10 to 99th Avenue Northeast in the
city of Blaine. This is a onetime appropriation.
new text end
new text begin Subd. 5. new text end
new text begin
Mississippi Skyway Trail Bridge
|
new text begin
-0- new text end |
new text begin
3,750,000 new text end |
||||
new text begin
Notwithstanding the requirements under
Minnesota Statutes, section 174.38,
subdivision 3, paragraph (a), this appropriation
is from the active transportation account in
the special revenue fund for a grant to the city
of Ramsey for design, environmental analysis,
site preparation, and construction of the
Mississippi Skyway Trail Bridge over marked
U.S. Highways 10 and 169 in Ramsey to
provide for a grade-separated crossing by
pedestrians and nonmotorized vehicles. This
is a onetime appropriation.
new text end
new text begin Subd. 6. new text end
new text begin
High-Priority Bridge
|
new text begin
-0- new text end |
new text begin
40,000,000 new text end |
||||
new text begin
This appropriation is for the acquisition,
environmental analysis, predesign, design,
engineering, construction, reconstruction, and
improvement of trunk highway bridges,
including design-build contracts, program
delivery, consultant usage to support these
activities, and the cost of payments to
landowners for lands acquired for highway
rights-of-way. Projects under this
appropriation must follow eligible investment
priorities identified in the Minnesota state
highway investment plan under Minnesota
Statutes, section 174.03, subdivision 1c. The
commissioner may use up to 17 percent of this
appropriation for program delivery. This is a
onetime appropriation.
new text end
new text begin Subd. 7. new text end
new text begin
Drainage Asset Management Program
|
new text begin
-0- new text end |
new text begin
4,800,000 new text end |
||||
new text begin
This appropriation is for predesign, design,
construction, and equipping of one or more
drainage asset management projects. Drainage
asset management projects may include but
are not limited to repairing and replacing
highway culverts, storm sewer system
rehabilitations, and flood resiliency
improvements. The commissioner may use up
to 17 percent of this appropriation for program
delivery. This is a onetime appropriation.
new text end
new text begin Subd. 8. new text end
new text begin
Truck Parking Safety Improvements
|
new text begin
-0- new text end |
new text begin
7,750,000 new text end |
||||
new text begin
This appropriation is for land acquisition,
predesign, design, and construction of
expanded truck parking at Big Spunk in Avon
and Enfield Rest Areas and for the
rehabilitation or replacement of truck parking
information management system equipment
at Department of Transportation-owned
parking rest area locations. This is a onetime
appropriation.
new text end
new text begin Subd. 9. new text end
new text begin
Facilities Capital Program
|
new text begin
-0- new text end |
new text begin
20,100,000 new text end |
||||
new text begin
This appropriation is for the transportation
facilities capital program under Minnesota
Statutes, section 174.595. This is a onetime
appropriation.
new text end
Sec. 3. new text begin METROPOLITAN COUNCIL
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
1,000,000 new text end |
||
new text begin
The appropriation in this section is from the
general fund to the Metropolitan Council.
new text end
new text begin
$1,000,000 in fiscal year 2025 is for a grant
to the Ramsey County Regional Railroad
Authority for a portion of the costs of
insurance coverage related to rail-related
incidents occurring at Union Depot in the city
of St. Paul. This is a onetime appropriation.
new text end
Sec. 4. new text begin DEPARTMENT OF PUBLIC SAFETY
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
5,380,000 new text end |
||
new text begin
The appropriations in this section are from the
driver and vehicle services operating account
in the special revenue fund to the
commissioner of public safety.
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
Driver Services
|
new text begin
-0- new text end |
new text begin
4,180,000 new text end |
||||
new text begin
$1,211,000 in fiscal year 2025 is for staff and
related operating costs for the intensive testing
program under Minnesota Statutes, section
171.307.
new text end
new text begin
$2,969,000 in fiscal year 2025 is for staff and
related operating costs to support testing at
driver's license examination stations.
new text end
new text begin
The base from the driver and vehicle services
operating account in the special revenue fund
is increased by $3,903,000 in fiscal year 2026
and $3,763,000 in fiscal year 2027.
new text end
new text begin Subd. 3. new text end
new text begin
Traffic Safety
|
new text begin
-0- new text end |
new text begin
1,200,000 new text end |
||||
new text begin
$1,200,000 in fiscal year 2025 is for the Lights
On grant program under Minnesota Statutes,
section 169.515. The commissioner, through
the Office of Traffic Safety, must contract with
the Lights On! microgrant program to
administer and operate the grant program. This
is a onetime appropriation and is available
until June 30, 2026.
new text end
Sec. 5.
Laws 2021, First Special Session chapter 5, article 1, section 2, subdivision 2, is
amended to read:
Subd. 2.Multimodal Systems
|
||||||
(a) Aeronautics
| (1) Airport Development and Assistance |
24,198,000 |
18,598,000 |
||||
| Appropriations by Fund |
||
| 2022 |
2023 |
|
| General |
5,600,000 |
-0- |
| Airports |
18,598,000 |
18,598,000 |
This appropriation is from the state airports
fund and must be spent according to
Minnesota Statutes, section 360.305,
subdivision 4.
$5,600,000 in fiscal year 2022 is from the
general fund for a grant to the city of Karlstad
for the acquisition of land, predesign, design,
engineering, and construction of a primary
airport runway.new text begin This appropriation is for Phase
1 of the project.
new text end
Notwithstanding Minnesota Statutes, section
16A.28, subdivision 6, this appropriation is
available for five years after the year of the
appropriation. If the appropriation for either
year is insufficient, the appropriation for the
other year is available for it.
If the commissioner of transportation
determines that a balance remains in the state
airports fund following the appropriations
made in this article and that the appropriations
made are insufficient for advancing airport
development and assistance projects, an
amount necessary to advance the projects, not
to exceed the balance in the state airports fund,
is appropriated in each year to the
commissioner and must be spent according to
Minnesota Statutes, section 360.305,
subdivision 4. Within two weeks of a
determination under this contingent
appropriation, the commissioner of
transportation must notify the commissioner
of management and budget and the chairs,
ranking minority members, and staff of the
legislative committees with jurisdiction over
transportation finance concerning the funds
appropriated. Funds appropriated under this
contingent appropriation do not adjust the base
for fiscal years 2024 and 2025.
| (2) Aviation Support Services |
8,332,000 |
8,340,000 |
||||
| Appropriations by Fund |
||
| 2022 |
2023 |
|
| General |
1,650,000 |
1,650,000 |
| Airports |
6,682,000 |
6,690,000 |
$28,000 in fiscal year 2022 and $36,000 in
fiscal year 2023 are from the state airports
fund for costs related to regulating unmanned
aircraft systems.
| (3) Civil Air Patrol |
80,000 |
80,000 |
||||
This appropriation is from the state airports
fund for the Civil Air Patrol.
| (b) Transit and Active Transportation |
23,501,000 |
18,201,000 |
||||
This appropriation is from the general fund.
$5,000,000 in fiscal year 2022 is for the active
transportation program under Minnesota
Statutes, section 174.38. This is a onetime
appropriation and is available until June 30,
2025.
$300,000 in fiscal year 2022 is for a grant to
the 494 Corridor Commission. The
commissioner must not retain any portion of
the funds appropriated under this section. The
commissioner must make grant payments in
full by December 31, 2021. Funds under this
grant are for programming and service
expansion to assist companies and commuters
in telecommuting efforts and promotion of
best practices. A grant recipient must provide
telework resources, assistance, information,
and related activities on a statewide basis. This
is a onetime appropriation.
| (c) Safe Routes to School |
5,500,000 |
500,000 |
||||
This appropriation is from the general fund
for the safe routes to school program under
Minnesota Statutes, section 174.40.
If the appropriation for either year is
insufficient, the appropriation for the other
year is available for it.
| (d) Passenger Rail |
10,500,000 |
500,000 |
||||
This appropriation is from the general fund
for passenger rail activities under Minnesota
Statutes, sections 174.632 to 174.636.
$10,000,000 in fiscal year 2022 is for final
design and construction to provide for a
second daily Amtrak train service between
Minneapolis and St. Paul and Chicago. The
commissioner may expend funds for program
delivery and administration from this amount.
This is a onetime appropriation and is
available until June 30, 2025.
| (e) Freight |
8,342,000 |
7,323,000 |
||||
| Appropriations by Fund |
||
| 2022 |
2023 |
|
| General |
2,464,000 |
1,445,000 |
| Trunk Highway |
5,878,000 |
5,878,000 |
$1,000,000 in fiscal year 2022 is from the
general fund for procurement costs of a
statewide freight network optimization tool.
This is a onetime appropriation and is
available until June 30, 2023.
$350,000 in fiscal year 2022 and $287,000 in
fiscal year 2023 are from the general fund for
two additional rail safety inspectors in the state
rail safety inspection program under
Minnesota Statutes, section 219.015. In each
year, the commissioner must not increase the
total assessment amount under Minnesota
Statutes, section 219.015, subdivision 2, from
the most recent assessment amount.
Sec. 6. new text begin APPROPRIATION CANCELLATION.
new text end
new text begin
$8,000,000 of the appropriation in fiscal year 2024 from the general fund for
Infrastructure Investment and Jobs Act (IIJA) discretionary matches under Laws 2023,
chapter 68, article 1, section 2, subdivision 5, paragraph (a), is canceled to the general fund
on June 29, 2024.
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
ARTICLE 2
TRANSPORTATION FINANCE
Section 1.
Minnesota Statutes 2022, section 13.6905, is amended by adding a subdivision
to read:
new text begin Subd. 38. new text end
new text begin Intensive testing program data. new text end
new text begin
Data on participants in the intensive testing
program are governed by section 171.307, subdivision 7.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2024.
new text end
Sec. 2.
new text begin
[161.1258] RUMBLE STRIPS.
new text end
new text begin
(a) The commissioner must maintain transverse rumble strips in association with each
stop sign that is located (1) on a trunk highway segment with a speed limit of at least 55
miles per hour, and (2) outside the limits of a statutory or home rule charter city.
new text end
new text begin
(b) The commissioner must meet the requirements under paragraph (a) at each applicable
location by the earlier of August 1, 2034, or the date of substantial completion of any
construction, resurfacing, or reconditioning at the location.
new text end
Sec. 3.
Minnesota Statutes 2022, section 161.14, is amended by adding a subdivision to
read:
new text begin Subd. 105. new text end
new text begin Mayor Dave Smiglewski Memorial Bridge. new text end
new text begin
The bridge on marked U.S.
Highway 212 over the Minnesota River in the city of Granite Falls is designated as "Mayor
Dave Smiglewski Memorial Bridge." Subject to section 161.139, the commissioner must
adopt a suitable design to mark the bridge and erect appropriate signs.
new text end
Sec. 4.
Minnesota Statutes 2022, section 161.14, is amended by adding a subdivision to
read:
new text begin Subd. 106. new text end
new text begin Gopher Gunners Memorial Bridge. new text end
new text begin
(a) The bridge on marked Trunk
Highway 55 and marked Trunk Highway 62 over the Minnesota River, commonly known
as the Mendota Bridge, is designated as "Gopher Gunners Memorial Bridge."
Notwithstanding section 161.139, the commissioner must adopt a suitable design to mark
this bridge and erect appropriate signs.
new text end
new text begin
(b) The adjutant general of the Department of Military Affairs must reimburse the
commissioner of transportation for costs incurred under this subdivision.
new text end
Sec. 5.
Minnesota Statutes 2023 Supplement, section 161.178, is amended to read:
161.178 TRANSPORTATION GREENHOUSE GAS EMISSIONS IMPACT
ASSESSMENT.
Subdivision 1.
Definitions.
(a) For purposes of this section, the following terms have
the meanings given.
(b) "Applicable entity" means the commissioner with respect to a deleted text begin capacity expansiondeleted text end
projectnew text begin or portfolionew text end for inclusion in the state transportation improvement program or a
metropolitan planning organization with respect to a deleted text begin capacity expansiondeleted text end projectnew text begin or portfolionew text end
for inclusion in the appropriate metropolitan transportation improvement program.
(c) "Assessment" means the deleted text begin capacity expansiondeleted text end impact assessment under this section.
(d) "Capacity expansion project" means a project for trunk highway construction or
reconstruction that:
(1) is a major highway project, as defined in section 174.56, subdivision 1, paragraph
(b); and
(2) adds highway traffic capacity or provides for grade separation new text begin of motor vehicle traffic
new text end at an intersection, excluding auxiliary lanes with a length of less than 2,500 feet.
(e) "Greenhouse gas emissions" includes those emissions described in section 216H.01,
subdivision 2.
Subd. 2.
Projectnew text begin or portfolionew text end assessment.
(a) Prior to inclusion of a deleted text begin capacity expansiondeleted text end
projectnew text begin or portfolionew text end in the state transportation improvement program ornew text begin innew text end a metropolitan
transportation improvement program, the applicable entity must perform deleted text begin a capacity expansiondeleted text end new text begin
annew text end impact assessment of the projectnew text begin or portfolionew text end . Following the assessment, the applicable
entity must determine if the project deleted text begin conformsdeleted text end new text begin or portfolio is proportionally in conformancenew text end
with:
(1) the greenhouse gas emissions reduction targets under section 174.01, subdivision 3;
and
(2) the vehicle miles traveled reduction targets established in the statewide multimodal
transportation plan under section 174.03, subdivision 1a.
(b) If the applicable entity determines that the deleted text begin capacity expansiondeleted text end projectnew text begin or portfolionew text end is
not in conformance with paragraph (a), the applicable entity must:
(1) alter the scope or design of the projectnew text begin or any number of projects, remove one or
more projects from the portfolio, or undertake a combination,new text end andnew text begin subsequentlynew text end perform a
revised assessment that meets the requirements under this section;
(2) interlink sufficient impact mitigation as provided in subdivision 4; or
(3) halt project development and disallow inclusion of the projectnew text begin or portfolionew text end in the
appropriate transportation improvement program.
new text begin Subd. 2a. new text end
new text begin Applicable projects. new text end
new text begin
(a) For purposes of this section:
new text end
new text begin
(1) prior to the date established under paragraph (b), a project or portfolio is a capacity
expansion project; and
new text end
new text begin
(2) on and after the date established under paragraph (b), a project or portfolio is a
capacity expansion project or a collection of trunk highway and multimodal projects for a
fiscal year and specific region.
new text end
new text begin
(b) The commissioner must establish a date to implement impact assessments on the
basis of assessing a portfolio or program of projects instead of on a project-by-project basis.
The date must be:
new text end
new text begin
(1) August 1, 2027, which applies to projects that first enter the appropriate transportation
improvement program for fiscal year 2031 or a subsequent year; or
new text end
new text begin
(2) as established by the commissioner, if the commissioner:
new text end
new text begin
(i) consults with metropolitan planning organizations;
new text end
new text begin
(ii) prioritizes and makes reasonable efforts to meet the date under clause (1) or an earlier
date;
new text end
new text begin
(iii) determines that the date established under this clause is the earliest practicable in
which the necessary models and tools are sufficient for analysis under this section; and
new text end
new text begin
(iv) submits a notice to the chairs and ranking minority members of the legislative
committees and divisions with jurisdiction over transportation finance and policy, which
must identify the date established and summarize the efforts under item (ii) and the
determination under item (iii).
new text end
Subd. 3.
Assessment requirements.
(a) The commissioner must establish a process to
deleted text begin perform capacity expansion impact assessments. An assessment must provide for the
determination under subdivision 2.deleted text end new text begin implement the requirements under this section, which
includes:
new text end
new text begin
(1) any necessary policies, procedures, manuals, and technical specifications;
new text end
new text begin
(2) procedures to perform an impact assessment that provide for the determination under
subdivision 2;
new text end
new text begin
(3) in consultation with the technical advisory committee under section 161.1782, criteria
for identification of a capacity expansion project; and
new text end
new text begin
(4) related data reporting from local units of government on local multimodal
transportation systems and local project impacts on greenhouse gas emissions and vehicle
miles traveled.
new text end
(b) Analysis under an assessment must include but is not limited to estimates resulting
from deleted text begin thedeleted text end new text begin anew text end projectnew text begin or portfolionew text end for the following:
(1) greenhouse gas emissions over a period of 20 years; deleted text begin and
deleted text end
(2) a net change in vehicle miles traveled for the affected networkdeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(3) impacts to trunk highways and related impacts to local road systems, on a local,
regional, or statewide basis, as appropriate.
new text end
Subd. 4.
Impact mitigationnew text begin ; interlinkingnew text end .
(a) To provide for impact mitigation, the
applicable entity must interlink the deleted text begin capacity expansiondeleted text end projectnew text begin or portfolionew text end as provided in
this subdivision.
(b) Impact mitigation is sufficient under subdivision 2, paragraph (b), if the deleted text begin capacity
expansiondeleted text end projectnew text begin or portfolionew text end is interlinked to deleted text begin mitigationdeleted text end new text begin offsetnew text end actions such that the total
greenhouse gas emissions reduction from the deleted text begin mitigationdeleted text end new text begin offsetnew text end actions, after accounting for
the greenhouse gas emissions otherwise resulting from the deleted text begin capacity expansiondeleted text end projectnew text begin or
portfolionew text end , is consistent with meeting the targets specified under subdivision 2, paragraph
(a). Each comparison under this paragraph must be performed over equal comparison periods.
(c) deleted text begin A mitigationdeleted text end new text begin An offsetnew text end action consists of a project, program, deleted text begin ordeleted text end operations
modificationnew text begin , or mitigation plannew text end in one or more of the following areas:
(1) transit expansion, including but not limited to regular route bus, arterial bus rapid
transit, highway bus rapid transit, rail transit, and intercity passenger rail;
(2) transit service improvements, including but not limited to increased service level,
transit fare reduction, and transit priority treatments;
(3) active transportation infrastructure;
(4) micromobility infrastructure and service, including but not limited to shared vehicle
services;
(5) transportation demand management, including but not limited to vanpool and shared
vehicle programs, remote work, and broadband access expansion;
(6) parking management, including but not limited to parking requirements reduction
or elimination and parking cost adjustments;
(7) land use, including but not limited to residential and other density increases, mixed-use
development, and transit-oriented development;
(8) infrastructure improvements related to traffic operations, including but not limited
to roundabouts and reduced conflict intersections; deleted text begin and
deleted text end
(9) natural systems, including but not limited to prairie restoration, reforestation, and
urban green spacenew text begin ; and
new text end
new text begin (10) as specified by the commissioner in the manner provided under paragraph (e)new text end .
(d) deleted text begin A mitigationdeleted text end new text begin An offsetnew text end action may be identified as interlinked to the deleted text begin capacity
expansiondeleted text end projectnew text begin or portfolionew text end if:
(1) there is a specified project, program, deleted text begin ordeleted text end modificationnew text begin , or mitigation plannew text end ;
(2) the necessary funding sources are identified and sufficient amounts are committed;
(3) the mitigation is localized as provided in subdivision 5; and
(4) procedures are established to ensure that the mitigation action remains in substantially
the same form or a revised form that continues to meet the calculation under paragraph (b).
new text begin
(e) The commissioner may authorize additional offset actions under paragraph (c) if:
new text end
new text begin
(1) the offset action is reviewed and recommended by the technical advisory committee
under section 161.1782; and
new text end
new text begin
(2) the commissioner determines that the offset action is directly related to reduction in
the transportation sector of greenhouse gas emissions or vehicle miles traveled.
new text end
Subd. 5.
Impact mitigation; localization.
(a) deleted text begin A mitigationdeleted text end new text begin An offsetnew text end action under
subdivision 4 must be localized in the following priority order:
(1)new text begin if the offset action is for one project,new text end within or associated with at least one of the
communities impacted by the deleted text begin capacity expansiondeleted text end project;
(2) ifnew text begin clause (1) does not apply ornew text end there is not a reasonably feasible location under clause
(1), in areas of persistent poverty or historically disadvantaged communities, as measured
and defined in federal law, guidance, and notices of funding opportunity;
(3) if there is not a reasonably feasible location under clauses (1) and (2), in the region
of the deleted text begin capacity expansiondeleted text end projectnew text begin or portfolionew text end ; or
(4) if there is not a reasonably feasible location under clauses (1) to (3), on a statewide
basis.
(b) The applicable entity must include an explanation regarding the feasibility and
rationale for each mitigation action located under paragraph (a), clauses (2) to (4).
Subd. 6.
Public information.
The commissioner must publish information regarding
deleted text begin capacity expansiondeleted text end impact assessments on the department's website. The information must
include:
(1)new text begin for each project evaluated separately under this section,new text end identification of deleted text begin capacity
expansion projectsdeleted text end new text begin the projectnew text end ; deleted text begin and
deleted text end
(2) for each projectnew text begin evaluated separatelynew text end , a summary that includes an overview of the
deleted text begin expansion impactdeleted text end assessment, the impact determination by the commissioner, and project
disposition, including a review of any deleted text begin mitigationdeleted text end new text begin offsetnew text end actionsdeleted text begin .deleted text end new text begin ;
new text end
new text begin
(3) for each portfolio of projects, an overview of the projects, the impact determination
by the commissioner, and a summary of any offset actions;
new text end
new text begin
(4) a review of any interpretation of or additions to offset actions under subdivision 4;
new text end
new text begin
(5) identification of the date established by the commissioner under subdivision 2a,
paragraph (b); and
new text end
new text begin
(6) a summary of the activities of the technical advisory committee under section
161.1782, including but not limited to any findings or recommendations made by the advisory
committee.
new text end
Subd. 7.
Safety and well-being.
The requirements of this section are in addition to and
must not supplant the safety and well-being goals established under section 174.01,
subdivision 2, clauses (1) and (2).
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective February 1, 2025. This section does not
apply to a capacity expansion project that was either included in the state transportation
improvement program or has been submitted for approval of the geometric layout before
February 1, 2025.
new text end
Sec. 6.
new text begin
[161.1782] TRANSPORTATION IMPACT ASSESSMENT; TECHNICAL
ADVISORY COMMITTEE.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "Advisory committee" means the technical advisory committee established in this
section.
new text end
new text begin
(c) "Project or portfolio" is as provided in section 161.178.
new text end
new text begin Subd. 2. new text end
new text begin Establishment. new text end
new text begin
The commissioner must establish a technical advisory committee
to assist in implementation review related to the requirements under section 161.178.
new text end
new text begin Subd. 3. new text end
new text begin Membership; appointments. new text end
new text begin
The advisory committee is composed of the
following members:
new text end
new text begin
(1) one member from the Department of Transportation, appointed by the commissioner
of transportation;
new text end
new text begin
(2) one member from the Pollution Control Agency, appointed by the commissioner of
the Pollution Control Agency;
new text end
new text begin
(3) one member from the Metropolitan Council, appointed by the chair of the
Metropolitan Council;
new text end
new text begin
(4) one member from the Center for Transportation Studies, appointed by the president
of the University of Minnesota;
new text end
new text begin
(5) one member representing metropolitan planning organizations outside the metropolitan
area, as defined in section 473.121, subdivision 2, appointed by the Association of
Metropolitan Planning Organizations; and
new text end
new text begin
(6) up to four members who are not employees of the state, with no more than two who
are employees of a political subdivision, appointed by the commissioner of transportation.
new text end
new text begin Subd. 4. new text end
new text begin Membership; requirements. new text end
new text begin
(a) To be eligible for appointment to the advisory
committee, an individual must have experience or expertise sufficient to provide assistance
in implementation or technical review related to the requirements under section 161.178.
Each appointing authority must consider appointment of individuals with expertise in travel
demand modeling, emissions modeling, traffic forecasting, land use planning, or
transportation-related greenhouse gas emissions assessment and analysis. In appointing the
members under subdivision 3, clause (6), the commissioner must also consider technical
expertise in other relevant areas, which may include but is not limited to public health or
natural systems management.
new text end
new text begin
(b) Members of the advisory committee serve at the pleasure of the appointing authority.
Vacancies must be filled by the appointing authority.
new text end
new text begin Subd. 5. new text end
new text begin Duties. new text end
new text begin
The advisory committee must assist the commissioner in implementation
of the requirements under section 161.178 by:
new text end
new text begin
(1) performing technical review and validation of processes and methodologies used for
impact assessment and impact mitigation;
new text end
new text begin
(2) reviewing and making recommendations on:
new text end
new text begin
(i) impact assessment requirements;
new text end
new text begin
(ii) models and tools for impact assessment;
new text end
new text begin
(iii) methods to determine sufficiency of impact mitigation;
new text end
new text begin
(iv) procedures for interlinking a project or portfolio to impact mitigation; and
new text end
new text begin
(v) reporting and data collection;
new text end
new text begin
(3) advising on the approach used to determine the area of influence for a project or
portfolio for a geographic or transportation network area;
new text end
new text begin
(4) developing recommendations on any clarifications, modifications, or additions to
the offset actions authorized under section 161.178, subdivision 4; and
new text end
new text begin
(5) performing other analyses or activities as requested by the commissioner.
new text end
new text begin Subd. 6. new text end
new text begin Administration. new text end
new text begin
(a) The commissioner must provide administrative support
to the advisory committee. Upon request, the commissioner must provide information and
technical support to the advisory committee.
new text end
new text begin
(b) Members of the advisory committee are not eligible for compensation under this
section.
new text end
new text begin
(c) The advisory committee is subject to the Minnesota Data Practices Act under chapter
13 and to the Minnesota Open Meeting Law under chapter 13D.
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. 7.
Minnesota Statutes 2022, section 161.45, is amended by adding a subdivision to
read:
new text begin Subd. 4. new text end
new text begin High voltage transmission; placement in right-of-way. new text end
new text begin
(a) For purposes of
this subdivision and subdivisions 5 to 7, "high voltage transmission line" has the meaning
given in section 216E.01, subdivision 4.
new text end
new text begin
(b) Notwithstanding subdivision 1, paragraph (a), high voltage transmission lines under
the laws of this state or the ordinance of any city or county may be constructed, placed, or
maintained across or along any trunk highway, including an interstate highway and a trunk
highway that is an expressway or a freeway, except as deemed necessary by the commissioner
of transportation to protect public safety or ensure the proper function of the trunk highway
system.
new text end
new text begin
(c) If the commissioner denies a high voltage electric line colocation request, the reasons
for the denial must be submitted for review within 90 days of the commissioner's denial to
the chairs and ranking minority members of the legislative committees with jurisdiction
over energy and transportation, the Public Utilities Commission executive secretary, and
the commissioner of commerce.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment and
applies to colocation requests for a high voltage transmission line on or after that date.
new text end
Sec. 8.
Minnesota Statutes 2022, section 161.45, is amended by adding a subdivision to
read:
new text begin Subd. 5. new text end
new text begin High voltage transmission; coordination required. new text end
new text begin
Upon written request,
the commissioner must engage in coordination activities with a utility or transmission line
developer to review requested highway corridors for potential permitted locations for
transmission lines. The commissioner must assign a project coordinator within 30 days of
receiving the written request. The commissioner must share all known plans with affected
utilities or transmission line developers on potential future projects in the highway corridor
if the potential highway project impacts the placement or siting of high voltage transmission
lines.
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. 9.
Minnesota Statutes 2022, section 161.45, is amended by adding a subdivision to
read:
new text begin Subd. 6. new text end
new text begin High voltage transmission; constructability report; advance notice. new text end
new text begin
(a) If
the commissioner and a utility or transmission line developer identify a permittable route
along a trunk highway corridor for possible colocation of transmission lines, a constructability
report must be prepared by the utility or transmission line developer in consultation with
the commissioner. A constructability report developed under this subdivision must be utilized
by both parties to plan and approve colocation projects.
new text end
new text begin
(b) A constructability report developed under this section between the commissioner
and the parties seeking colocation must include terms and conditions for building the
colocation project. Notwithstanding the requirements in subdivision 1, the report must be
approved by the commissioner and the party or parties seeking colocation prior to the
commissioner approving and issuing a permit for use of the trunk highway right-of-way.
new text end
new text begin
(c) A constructability report must include an agreed upon time frame for which there
will not be a request from the commissioner for relocation of the transmission line. If the
commissioner determines that relocation of a transmission line in the trunk highway
right-of-way is necessary, the commissioner, as much as practicable, must give a seven-year
advance notice.
new text end
new text begin
(d) Notwithstanding the requirements of subdivision 7 and section 161.46, subdivision
2, if the commissioner requires the relocation of a transmission line in the interstate highway
right-of-way earlier than what was agreed upon in paragraph (c) in the constructability
report or provides less than a seven-year notice of relocation in the agreed upon
constructability report, the commissioner is responsible for 75 percent of the relocation
costs.
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. 10.
Minnesota Statutes 2022, section 161.45, is amended by adding a subdivision to
read:
new text begin Subd. 7. new text end
new text begin High voltage transmission; relocation reimbursement prohibited. new text end
new text begin
(a) A
high voltage transmission line that receives a route permit under chapter 216E on or after
July 1, 2024, is not eligible for relocation reimbursement under section 161.46, subdivision
2.
new text end
new text begin
(b) If the commissioner orders relocation of a high voltage transmission line that is
subject to paragraph (a):
new text end
new text begin
(1) a public utility, as defined in section 216B.02, subdivision 4, may recover its portion
of costs of relocating the line that the Public Utilities Commission deems prudently incurred
as a transmission cost adjustment pursuant to section 216B.16, subdivision 7b; and
new text end
new text begin
(2) a consumer-owned utility, as defined in section 216B.2402, subdivision 2, may
recover its portion of costs of relocating the line in any manner approved by its governing
board.
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. 11.
Minnesota Statutes 2022, section 161.46, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
new text begin (a) new text end For the purposes of this sectionnew text begin ,new text end the following terms deleted text begin shalldeleted text end
have the meanings deleted text begin ascribed to them:deleted text end new text begin given.
new text end
deleted text begin (1)deleted text end new text begin (b)new text end "Utility" means all publicly, privately, and cooperatively owned systems for
supplying power, light, gas, telegraph, telephone, water, pipeline, or sewer service if such
systems be authorized by law to use public highways for the location of its facilities.
deleted text begin (2)deleted text end new text begin (c)new text end "Cost of relocation" means the entire amount paid by such utility properly
attributable to such relocation after deducting therefrom any increase in the value of the
new facility and any salvage value derived from the old facility.
new text begin
(d) "High voltage transmission line" has the meaning given in section 216E.01,
subdivision 4.
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. 12.
Minnesota Statutes 2023 Supplement, section 161.46, subdivision 2, is amended
to read:
Subd. 2.
Relocation of facilities; reimbursement.
deleted text begin (a)deleted text end Whenever the commissioner deleted text begin shall
determinedeleted text end new text begin determines thatnew text end the relocation of any utility facility is necessitated by the
construction of a project on the routes of federally aided deleted text begin statedeleted text end trunk highways, including
urban extensions thereof, deleted text begin which routesdeleted text end new text begin thatnew text end are included within the National System of
Interstate Highways, the owner or operator of deleted text begin suchdeleted text end new text begin thenew text end utility facility deleted text begin shalldeleted text end new text begin mustnew text end relocate
the deleted text begin samedeleted text end new text begin utility facilitynew text end in accordance with the order of the commissioner. deleted text begin After the
completion of such relocation the cost thereof shall be ascertained and paid by the state out
of trunk highway funds; provided, however, the amount to be paid by the state for such
reimbursement shall not exceed the amount on which the federal government bases its
reimbursement for said interstate system.deleted text end new text begin Except as provided in section 161.45, subdivision
6, paragraph (d), or 7, upon the completion of relocation of a utility facility, the cost of
relocation must be ascertained and paid out of the trunk highway fund by the commissioner,
provided the amount paid by the commissioner for reimbursement to a utility does not
exceed the amount on which the federal government bases its reimbursement for the interstate
highway system.
new text end
deleted text begin
(b) Notwithstanding paragraph (a), on or after January 1, 2024, any entity that receives
a route permit under chapter
deleted text end
deleted text begin
216E
deleted text end
deleted text begin
for a high-voltage transmission line necessary to
interconnect an electric power generating facility is not eligible for relocation reimbursement
unless the entity directly, or through its members or agents, provides retail electric service
in this state.
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. 13.
Minnesota Statutes 2022, section 168.09, subdivision 7, is amended to read:
Subd. 7.
Display of temporary permit.
(a) deleted text begin A vehicle that displays a Minnesota plate
issued under this chapter may display a temporary permitdeleted text end new text begin The commissioner may issue a
temporary permit under this subdivisionnew text end in conjunction withnew text begin the conclusion of a registration
period or a recentlynew text end expired registrationnew text begin ,new text end if:
(1) the current registration tax and all other fees and taxes have been paid in full; and
(2) deleted text begin the plate hasdeleted text end new text begin special plates havenew text end been applied for.
deleted text begin
(b) A vehicle may display a temporary permit in conjunction with expired registration,
with or without a registration plate, if:
deleted text end
deleted text begin
(1) the plates have been applied for;
deleted text end
deleted text begin
(2) the registration tax and other fees and taxes have been paid in full; and
deleted text end
deleted text begin
(3) either the vehicle is used solely as a collector vehicle while displaying the temporary
permit and not used for general transportation purposes or the vehicle was issued a 21-day
permit under section 168.092, subdivision 1.
deleted text end
deleted text begin (c)deleted text end new text begin (b)new text end The permit is valid for a period of 60 days. The permit must be in a format
prescribed by the commissioner, affixed to the rear of the vehicle where a license plate
would normally be affixed, and plainly visible. The permit is valid only for the vehicle for
which it was issued to allow a reasonable time for the new plates to be manufactured and
delivered to the applicant. The permit may be issued only by the commissioner or by a
deputy registrar under section 168.33.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective October 1, 2024.
new text end
Sec. 14.
Minnesota Statutes 2022, section 168.092, is amended to read:
168.092 deleted text begin 21-DAYdeleted text end new text begin 60-DAYnew text end TEMPORARY VEHICLE PERMIT.
Subdivision 1.
Resident buyer.
The deleted text begin motor vehicle registrardeleted text end new text begin commissionernew text end may issue a
permit to a person purchasing a new or used motor vehicle in this state for the purpose of
allowing the purchaser a reasonable time to register the vehicle and pay fees and taxes due
on the transfer. The permit is valid for a period of deleted text begin 21deleted text end new text begin 60new text end days. The permit must be in a deleted text begin form
as the registrar may determinedeleted text end new text begin format prescribed by the commissionernew text end , affixed to the rear
of the vehicle where a license plate would normally be affixed, and plainly visible. Each
permit is valid only for the vehicle for which issued.
Subd. 2.
Dealer.
The deleted text begin registrardeleted text end new text begin commissionernew text end may issue permits to licensed dealers.
When issuing a permit, the dealer deleted text begin shalldeleted text end new text begin mustnew text end complete the permit in the manner prescribed
by the department.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective October 1, 2024.
new text end
Sec. 15.
Minnesota Statutes 2023 Supplement, section 168.1259, is amended to read:
168.1259 MINNESOTA PROFESSIONAL SPORTS TEAM deleted text begin FOUNDATIONdeleted text end new text begin
PHILANTHROPYnew text end PLATES.
Subdivision 1.
Definition.
For purposes of this section, "Minnesota professional sports
team" means one of the following teams while its home stadium is located in Minnesota:
Minnesota Vikings, Minnesota Timberwolves, Minnesota Lynx, Minnesota Wild, Minnesota
Twins, or Minnesota United.
Subd. 2.
General requirements and procedures.
(a) The commissioner must issue
Minnesota professional sports team deleted text begin foundationdeleted text end new text begin philanthropynew text end plates to an applicant who:
(1) is a registered owner of a passenger automobile, noncommercial one-ton pickup
truck, motorcycle, or recreational vehicle;
(2) pays an additional fee in the amount specified for special plates under section 168.12,
subdivision 5;
(3) pays the registration tax required under section 168.013;
(4) pays the fees required under this chapter;
(5) contributes a minimum of $30 annually to the professional sports team deleted text begin foundationsdeleted text end new text begin
philanthropynew text end account; and
(6) complies with this chapter and rules governing registration of motor vehicles and
licensing of drivers.
(b) Minnesota professional sports team deleted text begin foundationdeleted text end new text begin philanthropynew text end plates may be
personalized according to section 168.12, subdivision 2a.
Subd. 3.
Design.
At the request of a Minnesota professional sportsnew text begin team or thenew text end team's
foundation, the commissioner must, in consultation with thenew text begin team ornew text end foundation, adopt a
suitable plate design deleted text begin incorporatingdeleted text end new text begin . Each design must incorporatenew text end thenew text begin requestingnew text end foundation's
marks and colorsnew text begin or directly relate to a charitable purpose as provided in subdivision 5new text end . The
commissioner may design a single plate that incorporates the marks and colors of all
deleted text begin foundationsdeleted text end new text begin organizationsnew text end that have requested a plate.
Subd. 4.
Plate transfers.
On application to the commissioner and payment of a transfer
fee of $5, special plates issued under this section may be transferred to another motor vehicle
if the subsequent vehicle is:
(1) qualified under subdivision 2, paragraph (a), clause (1), to bear the special plates;
and
(2) registered to the same individual to whom the special plates were originally issued.
Subd. 5.
Contributions; account; appropriation.
new text begin (a) new text end Contributions collected under
subdivision 2, paragraph (a), clause (5), must be deposited in the Minnesota professional
sports team deleted text begin foundationsdeleted text end new text begin philanthropynew text end account, which is established in the special revenue
fund. Money in the account isnew text begin annuallynew text end appropriated to the commissioner of public safety.
This appropriation is first for the annual cost of administering the account funds, and the
remaining funds are for distribution to the foundationsnew text begin or as provided in this subdivisionnew text end innew text begin
thenew text end proportionnew text begin that each plate design bearsnew text end to the total number of Minnesota professional
sports team deleted text begin foundationdeleted text end new text begin philanthropynew text end plates issued for that year. Proceeds from a plate that
includes the marks and colors of all deleted text begin foundationsdeleted text end new text begin participating organizationsnew text end must be divided
evenly between all foundationsnew text begin and charitable purposesnew text end .
new text begin (b)new text end The deleted text begin foundations must only use thedeleted text end proceedsnew text begin must only be used by:
new text end
new text begin (1) a Minnesota professional sports team foundationnew text end for philanthropic or charitable
purposesnew text begin ; or
new text end
new text begin (2) the Minnesota United professional sports team through a designation that the funds
are for the Minnesota Loon Restoration Projectnew text end .
new text begin
(c) The commissioner must annually transfer funds designated under paragraph (b),
clause (2), from the Minnesota professional sports team philanthropy account to the
Minnesota critical habitat private sector matching account under section 84.943 for purposes
of the Minnesota Loon Restoration Project.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective October 1, 2024, for Minnesota
professional sports team philanthropy plates issued on or after that date.
new text end
Sec. 16.
new text begin
[168.1283] ROTARY INTERNATIONAL PLATES.
new text end
new text begin Subdivision 1. new text end
new text begin Issuance of plates. new text end
new text begin
The commissioner must issue Rotary International
special license plates or a single motorcycle plate to an applicant who:
new text end
new text begin
(1) is a registered owner of a passenger automobile, noncommercial one-ton pickup
truck, motorcycle, or self-propelled recreational motor vehicle;
new text end
new text begin
(2) pays the registration tax as required under section 168.013;
new text end
new text begin
(3) pays a fee in the amount specified under section 168.12, subdivision 5, for each set
of plates, along with any other fees required by this chapter;
new text end
new text begin
(4) contributes $25 upon initial application and a minimum of $5 annually to the Rotary
District 5950 Foundation account; and
new text end
new text begin
(5) complies with this chapter and rules governing registration of motor vehicles and
licensing of drivers.
new text end
new text begin Subd. 2. new text end
new text begin Design. new text end
new text begin
The commissioner must adopt a suitable design for the plate that must
include the Rotary International symbol and the phrase "Service Above Self."
new text end
new text begin Subd. 3. new text end
new text begin Plates transfer. new text end
new text begin
On application to the commissioner and payment of a transfer
fee of $5, special plates may be transferred to another qualified motor vehicle that is
registered to the same individual to whom the special plates were originally issued.
new text end
new text begin Subd. 4. new text end
new text begin Exemption. new text end
new text begin
Special plates issued under this section are not subject to section
168.1293, subdivision 2.
new text end
new text begin Subd. 5. new text end
new text begin Contributions; account; appropriation. new text end
new text begin
Contributions collected under
subdivision 1, clause (4), must be deposited in the Rotary District 5950 Foundation account,
which is established in the special revenue fund. Money in the account is annually
appropriated to the commissioner of public safety. This appropriation is first for the annual
cost of administering the account funds, and the remaining funds must be distributed to
Rotary District 5950 Foundation to further the rotary's mission of service, fellowship,
diversity, integrity, and leadership. Funds distributed under this subdivision must be used
on projects within this state.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2025, for Rotary International
special plates issued on or after that date.
new text end
Sec. 17.
Minnesota Statutes 2022, section 168.301, subdivision 3, is amended to read:
Subd. 3.
Late fee.
In addition to any fee or tax otherwise authorized or imposed upon
the transfer of title for a motor vehicle, the commissioner of public safety deleted text begin shalldeleted text end new text begin mustnew text end impose
a $2 additional fee for failure to deliver a title transfer within deleted text begin ten business daysdeleted text end new text begin the period
specified under section 168A.10, subdivision 2new text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective October 1, 2024.
new text end
Sec. 18.
Minnesota Statutes 2022, section 168A.10, subdivision 2, is amended to read:
Subd. 2.
Application for new certificate.
Except as provided in section 168A.11, the
transferee deleted text begin shalldeleted text end new text begin mustnew text end , within deleted text begin tendeleted text end new text begin 20 calendarnew text end days after assignment to the transferee of the
vehicle title certificate, execute the application for a new certificate of title in the space
provided on the certificate, and cause the certificate of title to be mailed or delivered to the
department. Failure of the transferee to comply with this subdivision deleted text begin shall resultdeleted text end new text begin resultsnew text end in
the suspension of the vehicle's registration under section 168.17.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective October 1, 2024, and applies to title
transfers on or after that date.
new text end
Sec. 19.
Minnesota Statutes 2022, section 168A.11, subdivision 1, is amended to read:
Subdivision 1.
Requirements upon subsequent transfer; service fee.
(a) A dealer who
buys a vehicle and holds it for resale need not apply for a certificate of title. Upon transferring
the vehicle to another person, other than by the creation of a security interest, the dealer
deleted text begin shalldeleted text end new text begin mustnew text end promptly execute the assignment and warranty of title by a dealer, showing the
names and addresses of the transferee and of any secured party holding a security interest
created or reserved at the time of the resale, and the date of the security agreement in the
spaces provided deleted text begin therefordeleted text end on the certificate of title or secure reassignment.
(b) If a dealer elects to apply for a certificate of title on a vehicle held for resale, the
dealer need not register the vehicle but deleted text begin shalldeleted text end new text begin mustnew text end pay one month's registration tax. If a
dealer elects to apply for a certificate of title on a vehicle held for resale, the deleted text begin department
shalldeleted text end new text begin commissioner mustnew text end not place any legend on the title that no motor vehicle sales tax
was paid by the dealer, but may indicate on the title whether the vehicle is a new or used
vehicle.
(c) With respect to motor vehicles subject to the provisions of section 325E.15, the dealer
deleted text begin shalldeleted text end new text begin mustnew text end also, in the space provided deleted text begin therefordeleted text end on the certificate of title or secure
reassignment, state the true cumulative mileage registered on the odometer or that the exact
mileage is unknown if the odometer reading is known by the transferor to be different from
the true mileage.
(d) The transferee deleted text begin shalldeleted text end new text begin mustnew text end complete the application for title section on the certificate
of title or separate title application form prescribed by the deleted text begin departmentdeleted text end new text begin commissionernew text end . The
dealer deleted text begin shalldeleted text end new text begin mustnew text end mail or deliver the certificate to the deleted text begin registrardeleted text end new text begin commissionernew text end or deputy
registrar with the transferee's application for a new certificate and appropriate taxes and
fees, within deleted text begin ten business daysdeleted text end new text begin the period specified under section 168A.10, subdivision 2new text end .
(e) With respect to vehicles sold to buyers who will remove the vehicle from this state,
the dealer deleted text begin shalldeleted text end new text begin mustnew text end remove any license plates from the vehicle, issue a 31-day temporary
permit pursuant to section 168.091, and notify the deleted text begin registrardeleted text end new text begin commissionernew text end within 48 hours
of the sale that the vehicle has been removed from this state. The notification must be made
in an electronic format prescribed by the deleted text begin registrardeleted text end new text begin commissionernew text end . The dealer may contract
with a deputy registrar for the notification of sale to an out-of-state buyer. The deputy
registrar may charge a fee of $7 per transaction to provide this service.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective October 1, 2024, and applies to title
transfers on or after that date.
new text end
Sec. 20.
Minnesota Statutes 2023 Supplement, section 169.011, subdivision 27, is amended
to read:
Subd. 27.
Electric-assisted bicycle.
new text begin (a) new text end "Electric-assisted bicycle" means a bicycle with
two or three wheels that:
(1) has a saddle and fully operable pedals for human propulsion;
(2) meets the requirements for bicycles under Code of Federal Regulations, title 16, part
1512, or successor requirements;
(3) is equipped with an electric motor that has a power output of not more than 750
watts;
(4) meets the requirements of a class 1, class 2, deleted text begin ordeleted text end class 3new text begin , or multiple modenew text end
electric-assisted bicycle; and
(5) has a battery or electric drive system that has been tested to an applicable safety
standard by a third-party testing laboratory.
new text begin
(b) A vehicle that is modified so that it no longer meets the requirements for any
electric-assisted bicycle class is not an electric-assisted bicycle.
new text end
Sec. 21.
Minnesota Statutes 2022, section 169.011, is amended by adding a subdivision
to read:
new text begin Subd. 45a. new text end
new text begin Multiple mode electric-assisted bicycle. new text end
new text begin
"Multiple mode electric-assisted
bicycle" means an electric-assisted bicycle equipped with switchable or programmable
modes that provide for operation as two or more of a class 1, class 2, or class 3
electric-assisted bicycle in conformance with the definition and requirements under this
chapter for each respective class.
new text end
Sec. 22.
Minnesota Statutes 2022, section 169.011, is amended by adding a subdivision
to read:
new text begin Subd. 92b. new text end
new text begin Vulnerable road user. new text end
new text begin
"Vulnerable road user" means a person in the
right-of-way of a highway, including but not limited to a bikeway and an adjacent sidewalk
or trail, who is:
new text end
new text begin
(1) a pedestrian;
new text end
new text begin
(2) on a bicycle or other nonmotorized vehicle or device;
new text end
new text begin
(3) on an electric personal assistive mobility device;
new text end
new text begin
(4) on an implement of husbandry; or
new text end
new text begin
(5) riding an animal.
new text end
new text begin
Vulnerable road user includes the operator and any passengers for a vehicle, device, or
personal conveyance identified in this subdivision.
new text end
Sec. 23.
Minnesota Statutes 2022, section 169.21, subdivision 6, is amended to read:
Subd. 6.
Driver education deleted text begin curriculumdeleted text end new text begin ; vulnerable road usersnew text end .
The deleted text begin class D curriculum,
in addition to driver education classroom curriculum prescribed in rules of statutes for class
D motor vehicles, must include instruction ondeleted text end new text begin commissioner must adopt rules for persons
enrolled in driver education programs offered at public schools, private schools, and
commercial driver training schools, requiring inclusion in the course of instruction a section
on vulnerable road users. The instruction must include information on:
new text end
new text begin
(1) the rights and responsibilities of vulnerable road users, as defined in section 169.011,
subdivision 92b;
new text end
new text begin (2)new text end thenew text begin specificnew text end duties of a driver when encountering a bicycle, other nonmotorized
vehicles, or a pedestriandeleted text begin .deleted text end new text begin ;
new text end
new text begin
(3) safety risks for vulnerable road users and motorcyclists or other operators of two-
or three-wheeled vehicles; and
new text end
new text begin
(4) best practices to minimize dangers and avoid collisions with vulnerable road users
and motorcyclists or other operators of two- or three-wheeled vehicles.
new text end
Sec. 24.
Minnesota Statutes 2022, section 169.222, subdivision 6a, is amended to read:
Subd. 6a.
Electric-assisted bicycle; riding rules.
(a) A person may operate an
electric-assisted bicycle in the same manner as provided for operation of other bicycles,
including but not limited to operation on the shoulder of a roadway, a bicycle lane, and a
bicycle route, and operation without the motor engaged on a bikeway or bicycle trail.
(b) A person may operate a class 1 or class 2 electric-assisted bicycle with the motor
engaged on a bicycle path, bicycle trail, or shared use path unless prohibited under section
85.015, subdivision 1d; 85.018, subdivision 2, paragraph (d); or 160.263, subdivision 2,
paragraph (b), as applicable.
(c) A person may operate a class 3 electric-assisted bicycle new text begin or multiple mode
electric-assisted bicycle new text end with the motor engaged on a bicycle path, bicycle trail, or shared
use path unless the local authority or state agency having jurisdiction over the bicycle path
or trail prohibits the operation.
(d) The local authority or state agency having jurisdiction over a trail new text begin or over a bike park
new text end that is designated as nonmotorized and that has a natural surface tread made by clearing
and grading the native soil with no added surfacing materials may regulate the operation of
an electric-assisted bicycle.
(e) deleted text begin Nodeleted text end new text begin Anew text end person under the age of 15 deleted text begin shalldeleted text end new text begin must notnew text end operate an electric-assisted bicycle.
Sec. 25.
Minnesota Statutes 2022, section 169.222, subdivision 6b, is amended to read:
Subd. 6b.
Electric-assisted bicycle; equipment.
(a) The manufacturer or distributor of
an electric-assisted bicycle must apply a label to the bicycle that is permanently affixed in
a prominent location. The label must contain the deleted text begin classificationdeleted text end new text begin classnew text end number, top assisted
speed, and motor wattage of the electric-assisted bicycle, and must be printed in a legible
font with at least 9-point type.new text begin A multiple mode electric-assisted bicycle must have labeling
that identifies the highest electric-assisted bicycle class in which it is capable of operation.
new text end
(b) A person must not modify an electric-assisted bicycle to change the motor-powered
speed capability or motor engagementnew text begin so that the bicycle no longer meets the requirements
for the applicable class,new text end unlessnew text begin :
new text end
new text begin (1)new text end the person replaces the label required in paragraph (a) with revised informationdeleted text begin .deleted text end new text begin ; or
new text end
new text begin
(2) for a vehicle that no longer meets the requirements for any electric-assisted bicycle
class, the person removes the labeling as an electric-assisted bicycle.
new text end
(c) An electric-assisted bicycle must operate in a manner so that the electric motor is
disengaged or ceases to function deleted text begin when the rider stops pedaling ordeleted text end new text begin : (1)new text end when the brakes are
appliednew text begin ; or (2) except for a class 2 electric-assisted bicycle or a multiple mode
electric-assisted bicycle operating in class 2 mode, when the rider stops pedalingnew text end .
(d) A class 3 electric-assisted bicyclenew text begin or multiple mode electric-assisted bicyclenew text end must
be equipped with a speedometer that displays the speed at which the bicycle is traveling in
miles per hour.
new text begin
(e) A multiple mode electric-assisted bicycle equipped with a throttle must not be capable
of exceeding 20 miles per hour on motorized propulsion alone in any mode when the throttle
is engaged.
new text end
Sec. 26.
new text begin
[169.515] LIGHTS ON GRANT PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin Grant program established; purpose. new text end
new text begin
The Lights On grant program is
established under this section to provide drivers on Minnesota roads with vouchers of up
to $250 to use at participating auto repair shops to repair or replace broken or malfunctioning
lighting equipment required under sections 169.49 to 169.51. Grant funds awarded under
this program are intended to increase safety on Minnesota roads by ensuring vehicle lights
are properly illuminated, offering drivers restorative solutions rather than punishment for
malfunctioning equipment, lessening the financial burden of traffic tickets on low-income
drivers, and improving police-community relations.
new text end
new text begin Subd. 2. new text end
new text begin Eligibility. new text end
new text begin
Counties, cities, towns, the State Patrol, and local law enforcement
agencies, including law enforcement agencies of a federally recognized Tribe, as defined
in United States Code, title 25, section 5304(e), are eligible to apply for grants under this
section.
new text end
new text begin Subd. 3. new text end
new text begin Application. new text end
new text begin
(a) The commissioner of public safety must develop application
materials and procedures for the Lights On grant program.
new text end
new text begin
(b) The application must describe the type or types of intended vouchers, the amount of
money requested, and any other information deemed necessary by the commissioner.
new text end
new text begin
(c) Applicants must submit an application under this section in the form and manner
prescribed by the commissioner.
new text end
new text begin
(d) Applicants must describe how grant money will be used to provide and distribute
vouchers to drivers.
new text end
new text begin
(e) Applicants must keep records of vouchers distributed and records of all expenses
associated with awarded grant money.
new text end
new text begin Subd. 4. new text end
new text begin Grant criteria. new text end
new text begin
Preference for grant awards must be given to applicants whose
proposals provide resources and vouchers to individuals residing in geographic areas that
have historically received underinvestment and have high poverty rates.
new text end
new text begin Subd. 5. new text end
new text begin Reporting. new text end
new text begin
By February 1 each year, grant recipients must submit a report to
the commissioner itemizing all expenditures made using grant money, the purpose of each
expenditure, and the disposition of each contact made with drivers with malfunctioning or
broken lighting equipment. The report must be in the form and manner prescribed by the
commissioner.
new text end
Sec. 27.
Minnesota Statutes 2023 Supplement, section 169A.44, subdivision 1, is amended
to read:
Subdivision 1.
Nonfelony violations.
(a) This subdivision applies to a person charged
with a nonfelony violation of section 169A.20 (driving while impaired) under circumstances
described in section 169A.40, subdivision 3 (certain DWI offenders; custodial arrest).
(b) Except as provided in subdivision 3, unless maximum bail is imposed under section
629.471, a person described in paragraph (a) may be released from detention only if the
person agrees tonew text begin the following conditions pending resolution of the chargenew text end :
(1) abstain from alcoholnew text begin and nonprescribed controlled or intoxicating substancesnew text end ; and
(2) submit to a program deleted text begin of electronic alcohol monitoring, involving at least daily
measurements of the person's alcohol concentration, pending resolution of the chargedeleted text end new text begin to
monitor that abstinencenew text end .
new text begin
(c) A defendant charged with a violation of section 169A.20, subdivision 1, clause (1),
(5), or (6); subdivision 1, clause (4), where one of the elements involves a violation of clause
(1); subdivision 2, clause (1); or subdivision 2, clause (2), if the court issued the warrant
based on probable cause to believe that the person was under the influence of alcohol, must
be monitored through the use of:
new text end
new text begin
(1) electronic alcohol monitoring, involving at least daily measurements of the person's
alcohol concentration if electronic alcohol-monitoring equipment is available to the court;
or
new text end
new text begin
(2) random alcohol tests conducted at least weekly if electronic alcohol-monitoring
equipment is not available to the court.
new text end
new text begin
(d) A defendant charged with a violation of section 169A.20, subdivision 1, clause (2),
(3), (4), (7), or (8); or subdivision 2, clause (2), if the court issued the warrant based on
probable cause to believe that the person was under the influence of a controlled substance
or an intoxicating substance, must be monitored through the use of random urine analyses
conducted at least weekly.
new text end
deleted text begin Clause (2) applies only when electronic alcohol-monitoring equipment is available to
the court.deleted text end new text begin (e)new text end The court shall require partial or total reimbursement from the person for the
cost of the electronic alcohol monitoring, new text begin random alcohol tests, and random urine analyses,
new text end to the extent the person is able to pay.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2024, and applies to defendants
charged on or after that date.
new text end
Sec. 28.
Minnesota Statutes 2022, section 169A.55, subdivision 4, is amended to read:
Subd. 4.
Reinstatement of driving privileges; multiple incidents.
(a) A person whose
driver's license has been revoked as a result of an new text begin alcohol-related new text end offense listed under clause
(2) shall not be eligible for reinstatement of driving privileges without an ignition interlock
restriction until the commissioner certifies that either:
(1) the person did not own or lease a vehicle at the time of the offense or at any time
between the time of the offense and the driver's request for reinstatement, or commit a
violation of chapter 169, 169A, or 171 between the time of the offense and the driver's
request for reinstatement or at the time of the arrest for the offense listed under clause (2),
item (i), subitem (A) or (B), or (ii), subitem (A) or (B), as based on:
(i) a request by the person for reinstatement, on a form to be provided by the Department
of Public Safety;
(ii) the person's attestation under penalty of perjury; and
(iii) the submission by the driver of certified copies of vehicle registration records and
driving records for the period from the arrest until the driver seeks reinstatement of driving
privileges; or
(2) the person used the ignition interlock device and complied with section 171.306 for
a period of not less than:
(i) one year, for a person whose driver's license was revoked for:
(A) an offense occurring within ten years of a qualified prior impaired driving incident;
or
(B) an offense occurring after two qualified prior impaired driving incidents; or
(ii) two years, for a person whose driver's license was revoked for:
(A) an offense occurring under item (i), subitem (A) or (B), and the test results indicated
an alcohol concentration of twice the legal limit or more; or
(B) an offense occurring under item (i), subitem (A) or (B), and the current offense is
for a violation of section 169A.20, subdivision 2.
(b) A person whose driver's license has been canceled or denied as a result of three or
more qualified impaired driving incidentsnew text begin involving at least one alcohol-related offensenew text end
shall not be eligible for reinstatement of driving privileges without an ignition interlock
restriction until the person:
(1) has completed rehabilitation according to rules adopted by the commissioner or been
granted a variance from the rules by the commissioner; and
(2) has submitted verification of abstinence from alcohol and controlled substances
under paragraph (c), as evidenced by the person's use of an ignition interlock device or other
chemical monitoring device approved by the commissioner.
(c) The verification of abstinence must show that the person has abstained from the use
of alcohol and controlled substances for a period of not less than:
(1) three years, for a person whose driver's license was canceled or denied for an offense
occurring within ten years of the first of two qualified prior impaired driving incidents, or
occurring after three qualified prior impaired driving incidents;
(2) four years, for a person whose driver's license was canceled or denied for an offense
occurring within ten years of the first of three qualified prior impaired driving incidents; or
(3) six years, for a person whose driver's license was canceled or denied for an offense
occurring after four or more qualified prior impaired driving incidents.
new text begin
(d) A person whose driver's license has been revoked as a result of a controlled or
intoxicating substance offense listed under clause (2) shall not be eligible for reinstatement
of driving privileges without participating in the intensive testing program established under
section 171.307 until the commissioner certifies that either:
new text end
new text begin
(1) the person did not own or lease a vehicle at the time of the offense or at any time
between the time of the offense and the driver's request for reinstatement, or commit a
violation of chapter 169, 169A, or 171 between the time of the offense and the driver's
request for reinstatement or at the time of the arrest for the offense listed under clause (2),
item (i), subitem (A) or (B), or (ii), subitem (A) or (B), as based on:
new text end
new text begin
(i) a request by the person for reinstatement, on a form to be provided by the Department
of Public Safety;
new text end
new text begin
(ii) the person's attestation under penalty of perjury; and
new text end
new text begin
(iii) the submission by the driver of certified copies of vehicle registration records and
driving records for the period from the arrest until the driver seeks reinstatement of driving
privileges; or
new text end
new text begin
(2) the person participated in the intensive testing program and complied with section
171.307 for a period of not less than:
new text end
new text begin
(i) one year, for a person whose driver's license was revoked for:
new text end
new text begin
(A) an offense occurring within ten years of a qualified prior impaired driving incident;
or
new text end
new text begin
(B) an offense occurring after two qualified prior impaired driving incidents; or
new text end
new text begin
(ii) two years, for a person whose driver's license was revoked for:
new text end
new text begin
(A) an offense occurring under item (i), subitem (A) or (B), and the test results indicated
an alcohol concentration of twice the legal limit or more; or
new text end
new text begin
(B) an offense occurring under item (i), subitem (A) or (B), and the current offense is
for a violation of section 169A.20, subdivision 2.
new text end
new text begin
(e) A person whose driver's license has been canceled or denied as a result of three or
more qualified impaired driving incidents involving at least one controlled or intoxicating
substance offense shall not be eligible for reinstatement of driving privileges without
participating in the intensive testing program until the person:
new text end
new text begin
(1) has completed rehabilitation according to rules adopted by the commissioner or been
granted a variance from the rules by the commissioner; and
new text end
new text begin
(2) has submitted verification of abstinence from alcohol and controlled substances
under paragraph (f), as evidenced by the person's participation in the intensive testing
program or other monitoring approved by the commissioner.
new text end
new text begin
(f) The verification of abstinence must show that the person has abstained from the use
of alcohol and controlled substances for a period of not less than:
new text end
new text begin
(1) three years, for a person whose driver's license was canceled or denied for an offense
occurring within ten years of the first of two qualified prior impaired driving incidents, or
occurring after three qualified prior impaired driving incidents;
new text end
new text begin
(2) four years, for a person whose driver's license was canceled or denied for an offense
occurring within ten years of the first of three qualified prior impaired driving incidents; or
new text end
new text begin
(3) six years, for a person whose driver's license was canceled or denied for an offense
occurring after four or more qualified prior impaired driving incidents.
new text end
new text begin
(g) As used in this subdivision:
new text end
new text begin
(1) "alcohol-related offense" means a violation of section 169A.20, subdivision 1, clause
(1), (5), or (6); subdivision 1, clause (4), where one of the elements involves a violation of
clause (1); subdivision 2, clause (1); or subdivision 2, clause (2), if the court issued the
warrant based on probable cause to believe that the person was under the influence of
alcohol; and
new text end
new text begin
(2) "controlled or intoxicating substance offense" means a violation of section 169A.20,
subdivision 1, clause (2), (3), (4), (7), or (8); or subdivision 2, clause (2), if the court issued
the warrant based on probable cause to believe that the person was under the influence of
a controlled substance or an intoxicating substance.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2024, and applies to revocations
and cancellations or denials that occur on or after that date.
new text end
Sec. 29.
Minnesota Statutes 2023 Supplement, section 171.0705, subdivision 2, is amended
to read:
Subd. 2.
Driver's manual; deleted text begin bicycle trafficdeleted text end new text begin vulnerable road usersnew text end .
The commissioner
deleted text begin shalldeleted text end new text begin mustnew text end include in deleted text begin each edition ofdeleted text end the driver's manual published by the department a
section relating tonew text begin vulnerable road users and motorcyclists or operators of two- or
three-wheeled vehicles that, at a minimum, includes:
new text end
new text begin (1)new text end bicycle traffic laws, including any changes in the law which affect bicycle trafficdeleted text begin .deleted text end new text begin ;
new text end
new text begin
(2) traffic laws related to pedestrians and pedestrian safety; and
new text end
new text begin
(3) traffic laws related to motorcycles, autocycles, motorized bicycles, motorized foot
scooters, and electric personal assistive mobility devices.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment and
applies to each edition of the manual published on or after that date.
new text end
Sec. 30.
Minnesota Statutes 2023 Supplement, section 171.13, subdivision 1, is amended
to read:
Subdivision 1.
Examination subjects and locations; provisions for color blindness,
disabled veterans.
(a) Except as otherwise provided in this section, the commissioner must
examine each applicant for a driver's license by such agency as the commissioner directs.
This examination must include:
(1) a test of the applicant's eyesight, provided that this requirement is met by submission
of a vision examination certificate under section 171.06, subdivision 7;
(2) a test of the applicant's ability to read and understand highway signs regulating,
warning, and directing traffic;
(3) a test of the applicant's knowledge of (i) traffic laws; (ii) the effects of alcohol and
drugs on a driver's ability to operate a motor vehicle safely and legally, and of the legal
penalties and financial consequences resulting from violations of laws prohibiting the
operation of a motor vehicle while under the influence of alcohol or drugs; (iii) railroad
grade crossing safety; (iv) slow-moving vehicle safety; (v) laws relating to pupil
transportation safety, including the significance of school bus lights, signals, stop arm, and
passing a school bus; (vi) traffic laws related tonew text begin vulnerable road users and motorcyclists,
including but not limited to operators ofnew text end bicyclesnew text begin and pedestriansnew text end ; and (vii) the circumstances
and dangers of carbon monoxide poisoning;
(4) an actual demonstration of ability to exercise ordinary and reasonable control in the
operation of a motor vehicle; and
(5) other physical and mental examinations as the commissioner finds necessary to
determine the applicant's fitness to operate a motor vehicle safely upon the highways.
(b) Notwithstanding paragraph (a), the commissioner must not deny an application for
a driver's license based on the exclusive grounds that the applicant's eyesight is deficient in
color perception or that the applicant has been diagnosed with diabetes mellitus. War veterans
operating motor vehicles especially equipped for disabled persons, if otherwise entitled to
a license, must be granted such license.
(c) The commissioner must ensure that an applicant may take an exam either in the
county where the applicant resides or in an adjacent county at a reasonably convenient
location. The schedule for each exam station must be posted on the department's website.
(d) The commissioner shall ensure that an applicant is able to obtain an appointment for
an examination to demonstrate ability under paragraph (a), clause (4), within 14 days of the
applicant's request if, under the applicable statutes and rules of the commissioner, the
applicant is eligible to take the examination.
(e) The commissioner must provide real-time information on the department's website
about the availability and location of exam appointments. The website must show the next
available exam dates and times for each exam station. The website must also provide an
option for a person to enter an address to see the date and time of the next available exam
at each exam station sorted by distance from the address provided.
Sec. 31.
Minnesota Statutes 2022, section 171.306, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
(a) As used in this section, the terms in this subdivision have
the meanings given them.
(b) "Ignition interlock device" or "device" means equipment that is designed to measure
breath alcohol concentration and to prevent a motor vehicle's ignition from being started
by a person whose breath alcohol concentration measures 0.02 or higher on the equipment.
new text begin
(c) "Incident involving alcohol" means:
new text end
new text begin
(1) a test failure as described in section 169A.52, subdivision 2, paragraph (a), clause
(1) or (2); or section 171.177, subdivision 3, clause (2), item (i) or (ii);
new text end
new text begin
(2) a test refusal as described in section 169A.52, subdivision 3, or section 171.177,
subdivision 3, clause (1), when there was probable cause to believe the person had been
driving, operating, or in physical control of a motor vehicle in violation of section 169A.20,
subdivision 1, clause (1), (5), or (6); or subdivision 1, clause (4), where one of the elements
involves a violation of clause (1);
new text end
new text begin
(3) a conviction for a violation of section 169A.20, subdivision 1, clause (1), (5), or (6);
or subdivision 1, clause (4), where one of the elements involves a violation of clause (1);
or
new text end
new text begin
(4) a determination by the commissioner pursuant to section 171.04, subdivision 1,
clause (10), that the person is inimical to public safety based on one or more violations of
section 169A.20, subdivision 1, clause (1), (5), or (6); or subdivision 1, clause (4), where
one of the elements involves a violation of clause (1).
new text end
deleted text begin (c)deleted text end new text begin (d)new text end "Location tracking capabilities" means the ability of an electronic or wireless
device to identify and transmit its geographic location through the operation of the device.
deleted text begin (d)deleted text end new text begin (e)new text end "Program participant" means a person who has qualified to take part in the ignition
interlock program under this section, and whose driver's licensenew text begin , as a result of an incident
involving alcohol,new text end has been:
(1) revoked, canceled, or denied under section 169A.52; 169A.54; 171.04, subdivision
1, clause (10); or 171.177; or
(2) revoked under section 171.17, subdivision 1, paragraph (a), clause (1), or suspended
under section 171.187, for a violation of section 609.2113, subdivision 1, clause (2), item
(i) or (iii), (3), or (4); subdivision 2, clause (2), item (i) or (iii), (3), or (4); or subdivision
3, clause (2), item (i) or (iii), (3), or (4); or 609.2114, subdivision 2, clause (2), item (i) or
(iii), (3), or (4), resulting in bodily harm, substantial bodily harm, or great bodily harm.
deleted text begin (e)deleted text end new text begin (f)new text end "Qualified prior impaired driving incident" has the meaning given in section
169A.03, subdivision 22.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2024, and applies to revocations
and cancellations or denials that occur on or after that date.
new text end
Sec. 32.
Minnesota Statutes 2022, section 171.306, subdivision 8, is amended to read:
Subd. 8.
Rulemaking.
deleted text begin In establishingdeleted text end new text begin The commissioner may adopt rules to implement
this section, including but not limited to rules regardingnew text end the performance standards and
certification process of subdivision 2deleted text begin ,deleted text end new text begin andnew text end the program guidelines of subdivision 3deleted text begin , and any
other rules necessary to implement this section, the commissioner is subject to chapter 14deleted text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2024.
new text end
Sec. 33.
new text begin
[171.307] INTENSIVE TESTING PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) As used in this section, the following terms have the
meanings given.
new text end
new text begin
(b) "Incident involving a controlled substance or intoxicating substance" means:
new text end
new text begin
(1) a test failure as described in section 169A.52, subdivision 2, paragraph (a), clause
(3); or 171.177, subdivision 3, clause (2), item (iii);
new text end
new text begin
(2) a test refusal as described in section 169A.52, subdivision 3, or 171.177, subdivision
3, clause (1), when there was probable cause to believe the person had been driving,
operating, or in physical control of a motor vehicle in violation of section 169A.20,
subdivision 1, clause (2), (3), (4), (7), or (8); or subdivision 2, clause (2), if the court issued
the warrant based on probable cause to believe that the person was under the influence of
a controlled substance or an intoxicating substance;
new text end
new text begin
(3) a conviction for a violation of section 169A.20, subdivision 1, clause (2), (3), (4),
(7), or (8); or
new text end
new text begin
(4) a determination by the commissioner pursuant to section 171.04, subdivision 1,
clause (10), that the person is inimical to public safety based on one or more violations of
section 169A.20, subdivision 1, clause (2), (3), (4), (7), or (8).
new text end
new text begin
(c) "Program participant" means a person who has qualified to take part in the intensive
testing program under this section, and whose driver's license, as the result of an incident
involving a controlled substance or intoxicating substance, has been:
new text end
new text begin
(1) revoked, canceled, or denied under section 169A.52; 169A.54; 171.04, subdivision
1, clause (10); or 171.177; or
new text end
new text begin
(2) revoked under section 171.17, subdivision 1, paragraph (a), clause (1), or suspended
under section 171.187, for a violation of section 609.2113, subdivision 1, clause (2), item
(ii), (iii), or (iv), (5), or (6); subdivision 2, clause (2), item (ii), (iii), or (iv), (5), or (6); or
subdivision 3, clause (2), item (ii), (iii), or (iv), (5), or (6); or 609.2114, subdivision 2, clause
(2), item (ii), (iii), or (iv), (5), or (6), resulting in bodily harm, substantial bodily harm, or
great bodily harm.
new text end
new text begin
(d) "Qualified prior impaired driving incident" has the meaning given in section 169A.03,
subdivision 22.
new text end
new text begin Subd. 2. new text end
new text begin Program requirements. new text end
new text begin
(a) The commissioner must establish guidelines for
participation in the intensive testing program. A person who seeks to participate in the
program must sign a written acknowledgment that the person has received, reviewed, and
agreed to abide by the program guidelines.
new text end
new text begin
(b) The program guidelines must include provisions clearly identifying and prohibiting
the use of masking agents.
new text end
new text begin
(c) The program guidelines must include provisions requiring disclosure of any
prescription medications and protocols to assure that testing accounts for prescribed
medications that are taken within the therapeutic range.
new text end
new text begin
(d) The commissioner must enter a notation on a person's driving record to indicate that
the person is a program participant.
new text end
new text begin
(e) A person under the age of 18 years is not eligible to be a program participant.
new text end
new text begin
(f) A program participant must pay costs associated with any required urine analyses.
new text end
new text begin
(g) A program participant must participate in any treatment recommended in a chemical
use assessment report.
new text end
new text begin
(h) A program participant must submit to regular and random urine analyses and other
testing that take place at least weekly. The results of a random urine analysis or other test
that is ordered by a court or required by probation satisfy the requirement in this paragraph
for the week in which the urine analysis or other test was administered if the results clearly
indicate that the program participant submitted to the urine analysis or test, identify the date
of the test, and are submitted to the commissioner in a form and manner approved by the
commissioner. If a program participant chooses to submit the results of urine analyses or
other tests ordered by a court or required by probation, the commissioner may require that
the program participant sign a written authorization for the release of the results and any
related information including but not limited to information that is a health record as defined
in section 144.291, subdivision 2, paragraph (c).
new text end
new text begin Subd. 3. new text end
new text begin Issuance of restricted license. new text end
new text begin
(a) Beginning January 1, 2026, the commissioner
must issue a class D driver's license, subject to the applicable limitations and restrictions
of this section, to a program participant who meets the requirements of this section and the
program guidelines. The commissioner must not issue a license unless the program participant
has provided satisfactory proof that:
new text end
new text begin
(1) the participant has submitted to a minimum number of preliminary urine analyses
as required by the commissioner that tested negative for the presence of a controlled substance
or its metabolite and for the presence of specified intoxicating substances; and
new text end
new text begin
(2) the participant has insurance coverage on any vehicle the participant owns or operates
regularly. If the participant has previously been convicted of violating section 169.791,
169.793, or 169.797 or the participant's license has previously been suspended or canceled
under section 169.792 or 169.797, the commissioner must require the participant to present
an insurance identification card that is certified by the insurance company to be noncancelable
for a period not to exceed 12 months.
new text end
new text begin
(b) A program participant whose driver's license has been: (1) revoked under section
169A.52, subdivision 3, paragraph (a), clause (1), (2), or (3), or subdivision 4, paragraph
(a), clause (1), (2), or (3); 169A.54, subdivision 1, clause (1), (2), (3), or (4); or 171.177,
subdivision 4, paragraph (a), clause (1), (2), or (3), or subdivision 5, paragraph (a), clause
(1), (2), or (3); or (2) revoked under section 171.17, subdivision 1, paragraph (a), clause
(1), or suspended under section 171.187, for a violation of section 609.2113, subdivision
1, clause (2), item (ii), (iii), or (iv), (5), or (6); subdivision 2, clause (2), item (ii), (iii), or
(iv), (5), or (6); or subdivision 3, clause (2), item (ii), (iii), or (iv), (5), or (6); or 609.2114,
subdivision 2, clause (2), item (ii), (iii), or (iv), (5), or (6), resulting in bodily harm,
substantial bodily harm, or great bodily harm, where the participant has fewer than two
qualified prior impaired driving incidents within the past ten years or fewer than three
qualified prior impaired driving incidents ever; may apply for conditional reinstatement of
the driver's license, subject to the intensive testing program.
new text end
new text begin
(c) A program participant whose driver's license has been: (1) revoked, canceled, or
denied under section 169A.52, subdivision 3, paragraph (a), clause (4), (5), or (6), or
subdivision 4, paragraph (a), clause (4), (5), or (6); 169A.54, subdivision 1, clause (5), (6),
or (7); or 171.177, subdivision 4, paragraph (a), clause (4), (5), or (6), or subdivision 5,
paragraph (a), clause (4), (5), or (6); or (2) revoked under section 171.17, subdivision 1,
paragraph (a), clause (1), or suspended under section 171.187, for a violation of section
609.2113, subdivision 1, clause (2), item (ii), (iii), or (iv), (5), or (6); subdivision 2, clause
(2), item (ii), (iii), or (iv), (5), or (6); or subdivision 3, clause (2), item (ii), (iii), or (iv), (5),
or (6); or 609.2114, subdivision 2, clause (2), item (ii), (iii), or (iv), (5), or (6), resulting in
bodily harm, substantial bodily harm, or great bodily harm, where the participant has two
or more qualified prior impaired driving incidents within the past ten years or three or more
qualified prior impaired driving incidents ever; may apply for conditional reinstatement of
the driver's license, subject to the intensive testing program, if the program participant is
enrolled in a licensed substance use disorder treatment or rehabilitation program as
recommended in a chemical use assessment. As a prerequisite to eligibility for eventual
reinstatement of full driving privileges, a participant whose chemical use assessment
recommended treatment or rehabilitation must complete a licensed substance use disorder
treatment or rehabilitation program. If the program participant submits a urine analysis that
tests positive for the presence of a controlled substance or its metabolite or for the presence
of any specified intoxicating substances, the commissioner must extend the time period that
the participant must participate in the program until the participant has reached the required
abstinence period described in section 169A.55, subdivision 4.
new text end
new text begin
(d) Notwithstanding any statute or rule to the contrary, the commissioner has authority
to determine when a program participant is eligible for restoration of full driving privileges,
except that the commissioner must not reinstate full driving privileges until the program
participant has met all applicable prerequisites for reinstatement under section 169A.55 and
until the program participant has not tested positive for the presence of a controlled substance
or its metabolite or for the presence of any specified intoxicating substances during the
preceding 90 days.
new text end
new text begin Subd. 4. new text end
new text begin Penalties; program violations. new text end
new text begin
(a) If a program participant violates a condition
of a license conditionally reinstated under subdivision 3 and section 171.30, or violates the
program guidelines under subdivision 2, the commissioner must extend the person's
revocation period under section 169A.52, 169A.54, or 171.177 by:
new text end
new text begin
(1) 180 days for a first violation;
new text end
new text begin
(2) one year for a second violation; or
new text end
new text begin
(3) 545 days for a third and each subsequent violation.
new text end
new text begin
(b) Notwithstanding paragraph (a), the commissioner may terminate participation in the
program by any person when, in the commissioner's judgment, termination is necessary to
protect the interests of public safety and welfare. In the event of termination, the
commissioner must not reduce the applicable revocation period under section 169A.52,
169A.54, or 171.177 by the amount of time during which the person possessed a limited or
restricted driver's license issued under subdivision 3.
new text end
new text begin Subd. 5. new text end
new text begin Tampering; penalties. new text end
new text begin
A program participant who tampers with a test required
under this section, including but not limited to submitting a false or adulterated sample, or
a person who advises or otherwise assists a program participant in tampering with a test
required under this section is guilty of a misdemeanor.
new text end
new text begin Subd. 6. new text end
new text begin Venue. new text end
new text begin
In addition to the provisions of Rule 24 of the Rules of Criminal
Procedure and section 627.01, a violation of subdivision 5 may be prosecuted in:
new text end
new text begin
(1) the county in which the tampering is alleged to have taken place;
new text end
new text begin
(2) the county in which the accused resides; or
new text end
new text begin
(3) the county in which the impaired driving incident occurred, which resulted in the
accused being issued a driver's license with an intensive testing program restriction.
new text end
new text begin Subd. 7. new text end
new text begin Data. new text end
new text begin
Data on program participants collected under this section are private data
on individuals as defined in section 13.02, subdivision 12. Data must be maintained in the
same manner as all other driver's license records. Access to the data is subject to the
provisions of section 171.12, subdivision 1a.
new text end
new text begin Subd. 8. new text end
new text begin Rulemaking. new text end
new text begin
The commissioner may adopt rules to implement this section,
including but not limited to rules establishing or amending the program guidelines under
subdivision 2.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2024, and applies to revocations
and cancellations or denials that occur on or after that date.
new text end
Sec. 34.
Minnesota Statutes 2022, section 174.02, is amended by adding a subdivision to
read:
new text begin Subd. 11. new text end
new text begin Tribal worksite training program. new text end
new text begin
The commissioner must establish a Tribal
worksite training program for state-funded construction projects. The commissioner may
enter into an agreement with any private, public, or Tribal entity for the planning, designing,
developing, and hosting of the program.
new text end
Sec. 35.
new text begin
[174.249] ZERO-EMISSION TRANSIT BUSES.
new text end
new text begin Subdivision 1. new text end
new text begin Definition. new text end
new text begin
For purposes of this section, "zero-emission transit bus" has
the meaning given in section 473.3927, subdivision 1a.
new text end
new text begin Subd. 2. new text end
new text begin Bus procurement exemptions. new text end
new text begin
(a) The commissioner must establish a process
to issue a procurement exemption from the requirements under sections 473.388, subdivision
9, and 473.3927, subdivision 4. An exemption may (1) extend the commencement date for
the respective zero-emission transit bus procurement requirements, or (2) provide for a
modified zero-emission transit bus procurement percentage or phase-in schedule.
new text end
new text begin
(b) An entity that seeks an exemption must submit an application, in the form and manner
specified by the commissioner, that includes:
new text end
new text begin
(1) a justification for the exemption;
new text end
new text begin
(2) a review of activities related to zero-emission transit bus transition planning;
new text end
new text begin
(3) demonstration of efforts to procure zero-emission transit buses and associated
infrastructure;
new text end
new text begin
(4) a proposed timeline for full compliance, which must include annual procurement
targets and associated milestones; and
new text end
new text begin
(5) information required by the commissioner.
new text end
new text begin
(c) The commissioner may only issue a procurement exemption following a determination
that:
new text end
new text begin
(1) the applicant has made good faith effort to follow the guidance and recommendations
of the transition plan under section 473.3927; and
new text end
new text begin
(2) full compliance with procurement requirements is not feasible within the specified
time period due to:
new text end
new text begin
(i) technology, infrastructure, utility interconnection, funding, or bus availability
constraints;
new text end
new text begin
(ii) a resulting material impact on service reliability or on other means of reducing
greenhouse gas emissions under the transit provider's purview, including transit service
expansion; or
new text end
new text begin
(iii) other specified and documented constraints.
new text end
new text begin
(d) The commissioner must deny an application for a procurement exemption following
a determination that the applicant made inadequate efforts to meet the relevant procurement
requirements.
new text end
Sec. 36.
Minnesota Statutes 2023 Supplement, section 174.38, subdivision 3, is amended
to read:
Subd. 3.
Active transportation accounts.
(a) An active transportation account is
established in the special revenue fund. The account consists of funds provided by law and
any other money donated, allotted, transferred, or otherwise provided to the account. Money
in the account is annually appropriated to the commissioner and must be expended only deleted text begin on
projects that receive financial assistancedeleted text end new text begin as providednew text end under this section.
(b) An active transportation account is established in the bond proceeds fund. The account
consists of state bond proceeds appropriated to the commissioner. Money in the account
may only be expended on bond-eligible costs of a project receiving financial assistance as
provided under this section. Money in the account may only be expended on a project that
is publicly owned.
deleted text begin
(c) An active transportation account is established in the general fund. The account
consists of money as provided by law and any other money donated, allotted, transferred,
or otherwise provided to the account. Money in the account may only be expended on a
project receiving financial assistance as provided under this section.
deleted text end
Sec. 37.
Minnesota Statutes 2023 Supplement, section 174.38, subdivision 6, is amended
to read:
Subd. 6.
Use of funds.
(a) The commissioner must determine permissible uses of deleted text begin financial
assistancedeleted text end new text begin funds availablenew text end under this section, which are limited to:
(1) construction and maintenance of bicycle, trail, and pedestrian infrastructure, including
but not limited to safe routes to school infrastructure and bicycle facilities and centers; deleted text begin and
deleted text end
(2) noninfrastructure programming, including activities as specified in section 174.40,
subdivision 7a, paragraph (b)new text begin ; and
new text end
new text begin (3) as provided in this subdivisionnew text end .
(b) Of the amount made available in each fiscal year, the first $500,000 is for grants to
develop, maintain, and implement active transportation safety curriculum for youth ages
five to 14 years old, and if remaining funds are available, for (1) youth ages 15 to 17 years
old, (2) adult active transportation safety programs, and (3) adult learn-to-ride programs.
The curriculum must include resources for teachers and must meet the model training
materials requirements under section 123B.935, subdivision 4.
new text begin
(c) Of the amount made available, $245,000 in each of fiscal years 2025 to 2028 is for
costs related to complete streets implementation training under section 174.75, subdivision
2a.
new text end
Sec. 38.
new text begin
[174.595] TRANSPORTATION FACILITIES CAPITAL PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "Capital building asset" includes but is not limited to district headquarters buildings,
truck stations, salt storage or other unheated storage buildings, deicing and anti-icing
facilities, fuel dispensing facilities, highway rest areas, and vehicle weigh and inspection
stations.
new text end
new text begin
(c) "Commissioner" means the commissioner of transportation.
new text end
new text begin
(d) "Department" means the Department of Transportation.
new text end
new text begin
(e) "Program" means the transportation facilities capital program established in this
section.
new text end
new text begin Subd. 2. new text end
new text begin Program established. new text end
new text begin
The commissioner must establish a transportation
facilities capital program in conformance with this section to provide for capital building
asset projects related to buildings and other capital facilities of the department.
new text end
new text begin Subd. 3. new text end
new text begin Transportation facilities capital accounts. new text end
new text begin
(a) A transportation facilities
capital account is established in the trunk highway fund. The account consists of money
appropriated from the trunk highway fund for the purposes of the program and any other
money donated, allotted, transferred, or otherwise provided to the account by law.
new text end
new text begin
(b) A transportation facilities capital subaccount is established in the bond proceeds
account in the trunk highway fund. The subaccount consists of trunk highway bond proceeds
appropriated to the commissioner for the purposes of the program. Money in the subaccount
may only be expended on trunk highway purposes, including the purposes specified in this
section.
new text end
new text begin Subd. 4. new text end
new text begin Implementation standards. new text end
new text begin
The commissioner must establish a process to
implement the program that includes allocation of funding based on review of eligible
projects as provided under subdivision 5 and prioritization as provided under subdivision
6. The process must be in conformance with trunk highway fund uses for the purposes of
constructing, improving, and maintaining the trunk highway system in the state pursuant
to the Minnesota Constitution, article XIV.
new text end
new text begin Subd. 5. new text end
new text begin Eligible expenditures. new text end
new text begin
A project is eligible under this section only if the project:
new text end
new text begin
(1) involves the construction, improvement, or maintenance of a capital building asset
that is part of the trunk highway system; and
new text end
new text begin
(2) accomplishes at least one of the following:
new text end
new text begin
(i) supports the programmatic mission of the department;
new text end
new text begin
(ii) extends the useful life of existing buildings; or
new text end
new text begin
(iii) renovates or constructs facilities to meet the department's current and future
operational needs.
new text end
new text begin Subd. 6. new text end
new text begin Prioritization. new text end
new text begin
In prioritizing funding allocation among projects under the
program, the commissioner must consider:
new text end
new text begin
(1) whether a project ensures the effective and efficient condition and operation of the
facility;
new text end
new text begin
(2) the urgency in ensuring the safe use of existing buildings;
new text end
new text begin
(3) the project's total life-cycle cost;
new text end
new text begin
(4) additional criteria for priorities otherwise specified in law that apply to a category
listed in the act making an appropriation for the program; and
new text end
new text begin
(5) any other criteria the commissioner deems necessary.
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. 39.
Minnesota Statutes 2023 Supplement, section 174.634, subdivision 2, is amended
to read:
Subd. 2.
Passenger rail account; transfers; appropriation.
(a) A passenger rail account
is established in the special revenue fund. The account consists of funds as provided in this
subdivision and any other money donated, allotted, transferred,new text begin collected,new text end or otherwise
provided to the account.
(b) By July 15 annuallynew text begin beginning in calendar year 2027new text end , the commissioner of revenue
must transfer an amount from the general fund to the passenger rail account that equals 50
percent of the portion of the state general tax under section 275.025 levied on railroad
operating property, as defined under section 273.13, subdivision 24, in the prior calendar
year.
(c) Money in the account is annually appropriated to the commissioner of transportation
for the deleted text begin netdeleted text end operating and capital maintenance costs of intercity passenger rail,new text begin which may
include but are not limited to planning, designing, developing, constructing, equipping,
administering, operating, promoting, maintaining, and improving passenger rail service
within the state,new text end after accounting for operating revenue, federal funds, and other sources.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 40.
Minnesota Statutes 2023 Supplement, section 174.634, is amended by adding a
subdivision to read:
new text begin Subd. 3. new text end
new text begin Fee and revenue collection authorized. new text end
new text begin
In order to maintain a balanced
transportation system in the state required by the public convenience and necessity, the
commissioner may, directly or through a contractor, vendor, operator, or partnership with
a federal or state government entity, including Amtrak, collect a fee or other revenue related
to passenger rail services within the state. Fees and revenue to be collected include but are
not limited to fees and revenue generated through ticket sales and sales of on-board and
promotional goods. Revenue may be collected as determined by the commissioner. Fees
and revenue collected under this subdivision must be deposited in the passenger rail account
in the special revenue fund. Fees and revenue under this section are not subject to section
16A.1283.
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. 41.
Minnesota Statutes 2022, section 174.75, subdivision 1, is amended to read:
Subdivision 1.
deleted text begin Definitiondeleted text end new text begin Definitionsnew text end .
new text begin
(a) For purposes of this section, the following
terms have the meanings given.
new text end
new text begin (b) new text end "Complete streets" is the planning, scoping, design, implementation, operation, and
maintenance of roads in order to reasonably address the safety and accessibility needs of
users of all ages and abilities. Complete streets considers the needs of motorists, pedestrians,
transit users and vehicles, bicyclists, and commercial and emergency vehicles moving along
and across roads, intersections, and crossings in a manner that is sensitive to the local context
and recognizes that the needs vary in urban, suburban, and rural settings.
new text begin
(c) "Vulnerable road user" has the meaning given in section 169.011, subdivision 92b.
new text end
Sec. 42.
Minnesota Statutes 2022, section 174.75, subdivision 2, is amended to read:
Subd. 2.
Implementation.
new text begin (a) new text end The commissioner deleted text begin shalldeleted text end new text begin mustnew text end implement a complete
streets policy after consultation with stakeholders, state and regional agencies, local
governments, and road authorities. The commissioner, after such consultation, deleted text begin shalldeleted text end new text begin mustnew text end
address relevant protocols, guidance, standards, requirements, and trainingdeleted text begin , and shall
integratedeleted text end new text begin .
new text end
new text begin
(b) The complete streets policy must include but is not limited to:
new text end
new text begin (1) integration ofnew text end related principles of context-sensitive solutionsdeleted text begin .deleted text end new text begin ;
new text end
new text begin
(2) integration throughout the project development process;
new text end
new text begin
(3) methods to evaluate inclusion of active transportation facilities in a project, which
may include but are not limited to sidewalks, crosswalk markings, pedestrian accessibility,
and bikeways; and
new text end
new text begin
(4) consideration of consultation with other road authorities regarding existing and
planned active transportation network connections.
new text end
Sec. 43.
Minnesota Statutes 2022, section 174.75, is amended by adding a subdivision to
read:
new text begin Subd. 2a. new text end
new text begin Implementation guidance. new text end
new text begin
The commissioner must maintain guidance that
accompanies the complete streets policy under this section. The guidance must include
sections on:
new text end
new text begin
(1) an analysis framework that provides for:
new text end
new text begin
(i) identification of characteristics of a project;
new text end
new text begin
(ii) highway system categorization based on context, including population density, land
use, density and scale of surrounding development, volume of highway use, and the nature
and extent of active transportation; and
new text end
new text begin
(iii) relative emphasis for different road system users in each of the categories under
item (ii) in a manner that supports safety and mobility of vulnerable road users, motorcyclists
or other operators of two- or three-wheeled vehicles, and public transit users; and
new text end
new text begin
(2) an analysis of speed limit reductions and associated roadway design modifications
to support safety and mobility in active transportation.
new text end
Sec. 44.
Minnesota Statutes 2022, section 216E.02, subdivision 1, is amended to read:
Subdivision 1.
Policy.
The legislature hereby declares it to be the policy of the state to
locate large electric power facilities new text begin and high voltage transmission lines new text end in an orderly manner
compatible with environmental preservation and the efficient use of resources. In accordance
with this policy the commission shall choose locations that minimize adverse human and
environmental impact while insuring continuing electric power system reliability and integrity
and insuring that electric energy needs are met and fulfilled in an orderly and timely fashion.
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 2023 Supplement, section 219.015, subdivision 2, is amended
to read:
Subd. 2.
Railroad company assessment; account; appropriation.
(a) As provided in
this subdivision, the commissioner must annually assess railroad companies that are (1)
defined as common carriers under section 218.011; (2) classified by federal law or regulation
as Class I Railroads, Class I Rail Carriers, Class II Railroads, or Class II Rail Carriers; and
(3) operating in this state.
(b) The assessment must be calculated to allocate state rail safety inspection program
costs proportionally among carriers based on route miles operated in Minnesota at the time
of assessment. The commissioner must include in the assessment calculation all state rail
safety inspection program costs to support up to six rail safety inspector positions, including
but not limited to salary, administration, supervision, travel, equipment, training, and ongoing
state rail inspector duties.
(c) The assessments collected under this subdivision must be deposited in a state rail
safety inspection account, which is established in the special revenue fund. The account
consists of funds provided by this subdivisionnew text begin and section 221.0255new text end and any other money
donated, allotted, transferred, or otherwise provided to the account. Money in the account
isnew text begin annuallynew text end appropriated to the commissioner to administer the state rail safety inspection
programnew text begin and for costs under section 221.0255new text end .
Sec. 46.
new text begin
[219.382] WAYSIDE DETECTOR SYSTEMS.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "Hazardous substance" has the meaning given in section 219.055, subdivision 1,
paragraph (e).
new text end
new text begin
(c) "Wayside detector system" means one or more electronic devices that: (1) perform
automated scanning of passing trains, rolling stock, and on-track equipment to detect defects
or precursors to defects in equipment or component parts; and (2) provide notification to
individuals of a defect or precursor to a defect.
new text end
new text begin Subd. 2. new text end
new text begin Application. new text end
new text begin
The requirements in this section apply to:
new text end
new text begin
(1) a Class I railroad; and
new text end
new text begin
(2) a Class II railroad or Class III railroad when transporting a hazardous substance at
a speed that exceeds ten miles per hour.
new text end
new text begin Subd. 3. new text end
new text begin Wayside detector system requirements. new text end
new text begin
(a) A railroad must maintain
operational wayside detector systems located at intervals of:
new text end
new text begin
(1) at least every ten miles of mainline track in the state; or
new text end
new text begin
(2) at least every 15 miles of mainline track in the state if necessary due to the natural
terrain.
new text end
new text begin
(b) A wayside detector system under this section must include a hot bearings detector
and a dragging equipment detector.
new text end
new text begin Subd. 4. new text end
new text begin Defect notifications. new text end
new text begin
Promptly after a wayside detector system provides a
notification regarding a defect, the railroad must:
new text end
new text begin
(1) stop the train in accordance with the railroad's applicable safety procedures;
new text end
new text begin
(2) inspect the location of the defect from a position on the ground;
new text end
new text begin
(3) if the inspection indicates that the train is not safe for movement, make necessary
repairs prior to movement;
new text end
new text begin
(4) if the inspection indicates that the train is safe for movement or if repairs are
performed under clause (3):
new text end
new text begin
(i) proceed at a speed that does not exceed (A) 30 miles per hour if the train is not
transporting a hazardous substance, or (B) ten miles per hour if the train is transporting a
hazardous substance; and
new text end
new text begin
(ii) remove and set out any defective car at the earliest opportunity; and
new text end
new text begin
(5) provide for the train crew to prepare a written inspection report and submit it to the
appropriate personnel within the railroad.
new text end
new text begin Subd. 5. new text end
new text begin Report to commissioner. new text end
new text begin
By January 15 annually, a railroad that is subject to
this section must submit a report to the commissioner on wayside detector systems installed
in this state. At a minimum, the report must include:
new text end
new text begin
(1) an overview of each wayside detector system, which must include:
new text end
new text begin
(i) its type and primary characteristics;
new text end
new text begin
(ii) the nearest milepost number, latitude and longitude coordinates, or other information
that specifically identifies its location; and
new text end
new text begin
(iii) a review of the operational status of the hot bearings detector and the dragging
equipment detector throughout the prior 12 months; and
new text end
new text begin
(2) other information on wayside detector systems as required by the commissioner.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2025.
new text end
Sec. 47.
new text begin
[219.5505] TRAIN LENGTH.
new text end
new text begin Subdivision 1. new text end
new text begin Definition. new text end
new text begin
For purposes of this section, "railroad" means a common
carrier that is classified by federal law or regulation as a Class I railroad, Class II railroad,
or Class III railroad.
new text end
new text begin Subd. 2. new text end
new text begin Maximum length. new text end
new text begin
A railroad must not operate a train in this state that has a
total length in excess of 8,500 feet.
new text end
new text begin Subd. 3. new text end
new text begin Penalty. new text end
new text begin
(a) A railroad that violates this section is subject to a penalty of:
new text end
new text begin
(1) not less than $1,000 or more than $5,000 for a first offense;
new text end
new text begin
(2) not less than $5,000 or more than $10,000 for a second offense committed within
three years of the first offense; and
new text end
new text begin
(3) not less than $25,000 for a third or subsequent offense committed within three years
of the first offense.
new text end
new text begin
(b) The commissioner of transportation may enforce this section in a civil action before
a judge of a county in which the violation occurs.
new text end
new text begin
(c) Fines collected under this section must be deposited in the state rail safety inspection
account in the special revenue fund.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2024, and applies to violations
committed on or after that date.
new text end
Sec. 48.
new text begin
[219.756] YARDMASTER HOURS OF SERVICE.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "Railroad" means a common carrier that is classified by federal law or regulation as
Class I railroad, Class II railroad, or Class III railroad.
new text end
new text begin
(c) "Yardmaster" means an employee of a common carrier who is responsible for
supervising and coordinating the control of trains and engines operating within a railyard,
not including a dispatching service employee, signal employee, or train employee as those
terms are defined in United States Code, title 49, section 21101.
new text end
new text begin Subd. 2. new text end
new text begin Hours of service. new text end
new text begin
(a) A railroad operating in this state must not require or allow
a yardmaster to remain or go on duty:
new text end
new text begin
(1) in any month when the employee has spent a total of 276 hours on duty or in any
other mandatory service for the carrier;
new text end
new text begin
(2) for a period exceeding 12 consecutive hours; and
new text end
new text begin
(3) unless the employee has had at least ten consecutive hours off duty during the prior
24 hours.
new text end
new text begin
(b) A railroad operating in this state must not require or allow a yardmaster to remain
or go on duty after the employee has initiated an on-duty period each day for six consecutive
days unless the employee has had 48 consecutive hours off at the employee's home terminal,
during which time the employee is unavailable for any service.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2024.
new text end
Sec. 49.
Minnesota Statutes 2022, section 221.0255, subdivision 4, is amended to read:
Subd. 4.
Motor carrier of railroad employees; requirements.
(a) The motor carrier
of railroad employees must implement a policy that provides for annual training and
certification of the operator in:
(1) safe operation of the vehicle transporting railroad employees;
(2) knowing and understanding relevant laws, rules of the road, and safety policies;
(3) handling emergency situations;
(4) proper use of seat belts;
(5) performance of pretrip and posttrip vehicle inspections, and inspection record keeping;
and
(6) proper maintenance of required records.
(b) The motor carrier of railroad employees must:
(1) confirm that the person is not disqualified under subdivision 6, by performing a
criminal background check of the operator, which must include:
(i) a criminal history check of the state criminal records repository; and
(ii) if the operator has resided in Minnesota less than five years, a criminal history check
from each state of residence for the previous five years;
(2) annually verify the operator's driver's license;
(3) document meeting the requirements in this subdivision, which must include
maintaining at the carrier's business location:
(i) a driver qualification file on each operator who transports passengers under this
section; and
(ii) records of pretrip and posttrip vehicle inspections as required under subdivision 3,
paragraph (a), clause (3);
(4) maintain liability insurance in a minimum amount of $5,000,000 regardless of the
seating capacity of the vehicle;
(5) maintain uninsured and underinsured coverage in a minimum amount of deleted text begin $1,000,000deleted text end new text begin
$5,000,000new text end ; and
(6) ensure inspection of each vehicle operated under this section as provided under
section 169.781.
(c) A driver qualification file under paragraph (b), clause (3), must include:
(1) a copy of the operator's most recent medical examiner's certificate;
(2) a copy of the operator's current driver's license;
(3) documentation of annual license verification;
(4) documentation of annual training;
(5) documentation of any known violations of motor vehicle or traffic laws; and
(6) responses from previous employers, if required by the current employer.
(d) The driver qualification file must be retained for one year following the date of
separation of employment of the driver from the carrier. A record of inspection under
paragraph (b), clause (3), item (ii), must be retained for one year following the date of
inspection.
(e) If a party contracts with the motor carrier on behalf of the railroad to transport the
railroad employees, then the insurance requirements may be satisfied by either that party
or the motor carrier, so long as the motor carrier is a named insured or additional insured
under any policy.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2024.
new text end
Sec. 50.
Minnesota Statutes 2022, section 221.0255, subdivision 9, is amended to read:
Subd. 9.
Inspectionnew text begin and investigationnew text end authority.
new text begin (a) Upon receipt of a complaint form
or other information alleging a violation of this section, the commissioner must investigate
the relevant matter. new text end Representatives of the Department of Transportation and the State Patrol
have the authority to enter, at a reasonable time and place, any vehicle or facility of the
carrier for purposes ofnew text begin complaint investigations,new text end random inspections, safety reviews, audits,
or accident investigations.
new text begin
(b) Failure of a railroad or motor carrier of railroad employees to permit a complaint
investigation under this subdivision is grounds for issuance of a civil penalty under
subdivision 10.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2024.
new text end
Sec. 51.
Minnesota Statutes 2022, section 221.0255, is amended by adding a subdivision
to read:
new text begin Subd. 10. new text end
new text begin Civil penalty. new text end
new text begin
(a) After completion of an investigation or as provided in
subdivision 9, paragraph (b), the commissioner may issue a civil penalty to a railroad or
motor carrier of railroad employees that violates this section. A civil penalty issued under
this paragraph is in the amount of:
new text end
new text begin
(1) not less than $200 but not more than $500 for a first offense;
new text end
new text begin
(2) not less than $500 but not more than $1,000 for a second offense; and
new text end
new text begin
(3) not less than $1,000 but not more than $5,000 for a third or subsequent offense
committed within three years of the first offense.
new text end
new text begin
(b) The civil penalty amounts identified under paragraph (a) are for all violations
identified in a single investigation and are not per violation.
new text end
new text begin
(c) The recipient of a civil penalty under this subdivision has 30 days to notify the
commissioner in writing of intent to contest the civil penalty. If within 30 days after receiving
the civil penalty the recipient fails to notify the commissioner of intent to contest the penalty,
the civil penalty is not subject to further review.
new text end
new text begin
(d) Civil penalties assessed under this subdivision are subject to chapter 14 and may be
recovered in a civil action.
new text end
new text begin
(e) Civil penalties collected under this section must be deposited in the state rail safety
inspection account in the special revenue fund.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2024, and applies to violations
committed on or after that date.
new text end
Sec. 52.
new text begin
[325F.661] SALE OF ELECTRIC-ASSISTED BICYCLES AND POWERED
CYCLES.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "Class 1 electric-assisted bicycle," "class 2 electric-assisted bicycle," and "class 3
electric-assisted bicycle" have the meanings given in section 169.011, subdivisions 15a,
15b, and 15c.
new text end
new text begin
(c) "Electric-assisted bicycle" has the meaning given in section 169.011, subdivision
27.
new text end
new text begin
(d) "Multiple mode electric-assisted bicycle" has the meaning given in section 169.011,
subdivision 45a.
new text end
new text begin
(e) "Powered cycle" means a vehicle that has an electric motor, has fewer than four
wheels, and:
new text end
new text begin
(1) does not meet all of the requirements of an electric-assisted bicycle as sold or due
to modification by any person; or
new text end
new text begin
(2) is designed, manufactured, or intended by the manufacturer or seller to be easily
configured so as not to meet all of the requirements of an electric-assisted bicycle, whether
by a mechanical switch or button, by changing a setting in software controlling the drive
system, by use of an app, or through any other means intended by the manufacturer or seller.
new text end
new text begin
A vehicle that meets the requirements of a powered cycle is not an electric-assisted bicycle.
new text end
new text begin Subd. 2. new text end
new text begin Electric-assisted bicycle. new text end
new text begin
Before a purchase is completed, a seller of an
electric-assisted bicycle must disclose to a consumer in written form:
new text end
new text begin
(1) the maximum motor power of the electric-assisted bicycle;
new text end
new text begin
(2) the maximum speed of the electric-assisted bicycle, as evaluated using a test method
matching the criteria specified in Code of Federal Regulations, title 16, section 1512.2(a)(2),
or successor requirements; and
new text end
new text begin
(3) whether the electric-assisted bicycle is a class 1, class 2, class 3, or multiple mode
electric-assisted bicycle.
new text end
new text begin Subd. 3. new text end
new text begin Powered cycle. new text end
new text begin
(a) A seller of a new powered cycle may not sell the vehicle
or offer the vehicle for sale if it is labeled as a class 1, class 2, class 3, or multiple mode
electric-assisted bicycle.
new text end
new text begin
(b) Before a purchase is completed and in any advertising materials, a seller of a new
powered cycle who describes the vehicle as an "electric bicycle," "electric bike," "e-bike,"
or other similar term must disclose to a consumer:
new text end
new text begin
(1) the name or classification of the vehicle under state law or the most likely
classification following an intended or anticipated vehicle modification; and
new text end
new text begin
(2) the following statement:
new text end
new text begin
"This vehicle is not an "electric-assisted bicycle" as defined in Minnesota law. It is
instead a type of motor vehicle and subject to applicable motor vehicle laws if used on
public roads or public lands. Your insurance policies might not provide coverage for crashes
involving the use of this vehicle. To determine coverage, you should contact your insurance
company or agent."
new text end
new text begin
(c) Advertising materials under paragraph (b) include but are not limited to a website
or social media post that identifies or promotes the vehicle.
new text end
new text begin
(d) The disclosure under paragraph (b) must be (1) written, and (2) provided clearly and
conspicuously and in a manner designed to attract the attention of a consumer.
new text end
new text begin Subd. 4. new text end
new text begin Unlawful practices. new text end
new text begin
It is an unlawful practice under section 325F.69 to advertise,
offer for sale, or sell a powered cycle:
new text end
new text begin
(1) as an electric-assisted bicycle; or
new text end
new text begin
(2) using the words "electric bicycle," "electric bike," "e-bike," or other similar term
without providing the disclosure required under subdivision 3.
new text end
Sec. 53.
Minnesota Statutes 2022, section 473.13, is amended by adding a subdivision to
read:
new text begin Subd. 6. new text end
new text begin Transportation financial review. new text end
new text begin
(a) By April 1 annually, the council must
prepare and submit a financial review in consultation with the commissioner of management
and budget that details revenue and expenditures for the transportation components under
the council's budget. The council must submit the financial review to the chairs and ranking
minority members of the legislative committees and divisions with jurisdiction over
transportation policy and finance.
new text end
new text begin
(b) At a minimum, the financial review must identify:
new text end
new text begin
(1) the actual revenues, expenditures, transfers, reserves, and balances in each of the
previous four budget years;
new text end
new text begin
(2) budgeted and forecasted revenues, expenditures, transfers, reserves, and balances in
the current year and each budget year within the state forecast period;
new text end
new text begin
(3) for the most recent completed budget year, a comparison between the budgeted and
actual amounts under clause (1); and
new text end
new text begin
(4) for the most recent completed budget year, fund balances for each replacement service
provider under section 473.388.
new text end
new text begin
(c) The information under paragraph (b), clauses (1) to (3), must include:
new text end
new text begin
(1) a breakout for each transportation funding source identified by the council;
new text end
new text begin
(2) a breakout for each transportation operating budget category established by the
council, including but not limited to bus, light rail transit, commuter rail, planning, special
transportation service under section 473.386, and assistance to replacement service providers
under section 473.388; and
new text end
new text begin
(3) data for operations, capital maintenance, and transit capital.
new text end
new text begin
(d) The financial review must summarize reserve policies, identify the methodology for
cost allocation, and describe revenue assumptions and variables affecting the assumptions.
new text end
new text begin EFFECTIVE DATE; APPLICATION. new text end
new text begin
This section is effective the day following
final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
Scott, and Washington.
new text end
Sec. 54.
Minnesota Statutes 2022, section 473.388, is amended by adding a subdivision
to read:
new text begin Subd. 9. new text end
new text begin Bus procurement. new text end
new text begin
(a) For purposes of this subdivision:
new text end
new text begin
(1) "qualified transit bus" has the meaning given in section 473.3927, subdivision 1a;
new text end
new text begin
(2) "special transportation service" has the meaning given in section 174.29, subdivision
1; and
new text end
new text begin
(3) "zero-emission transit bus" has the meaning given in section 473.3927, subdivision
1a.
new text end
new text begin
(b) Beginning on January 1, 2030, at least 50 percent of the qualified transit buses
annually purchased for regular route transit service or special transportation service by a
recipient of financial assistance under this section must be a zero-emission transit bus.
new text end
new text begin
(c) Beginning on January 1, 2035, any qualified transit bus purchased for regular route
transit service or special transportation service by a recipient of financial assistance under
this section must be a zero-emission transit bus.
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. 55.
Minnesota Statutes 2022, section 473.3927, is amended to read:
473.3927 ZERO-EMISSION AND ELECTRIC TRANSIT VEHICLES.
Subdivision 1.
Transition plan required.
(a) The council must develop and maintain
a zero-emission and electric transit vehicle transition plan.
(b) The council must deleted text begin complete the initialdeleted text end new text begin revise thenew text end plan by February 15, deleted text begin 2022deleted text end new text begin 2025new text end ,
and revise the plan at least once every deleted text begin fivedeleted text end new text begin threenew text end yearsnew text begin following each prior revisionnew text end .
new text begin Subd. 1a. new text end
new text begin Definitions. new text end
new text begin
(a) For purposes of this section, the following terms have the
meanings given.
new text end
new text begin
(b) "Greenhouse gas emissions" includes those emissions described in section 216H.01,
subdivision 2.
new text end
new text begin
(c) "Qualified transit bus" means a motor vehicle that meets the requirements under
paragraph (d), clauses (1) and (2).
new text end
new text begin
(d) "Zero-emission transit bus" means a motor vehicle that:
new text end
new text begin
(1) is designed for public transit service;
new text end
new text begin
(2) has a capacity of more than 15 passengers, including the driver; and
new text end
new text begin
(3) produces no exhaust-based greenhouse gas emissions from the onboard source of
motive power of the vehicle under all operating conditions.
new text end
Subd. 2.
Plan development.
At a minimum, the plan must:
(1) establish deleted text begin implementationdeleted text end policies deleted text begin anddeleted text end new text begin ,new text end guidancenew text begin , and recommendations to implement
the transition to a transit service fleet of exclusively zero-emission and electric transit
vehicles, including for recipients of financial assistance under section 473.388new text end ;
(2)new text begin align with the requirements under subdivision 4 and section 473.388, subdivision 9;
new text end
new text begin
(3) consider methods for transit providers to maximize greenhouse gas reduction in
addition to zero-emission transit bus procurement, including but not limited to service
expansion, reliability improvements, and other transit service improvements;
new text end
new text begin
(4) analyze greenhouse gas emission reduction from transit improvements identified
under clause (3) in comparison to zero-emission transit bus procurement;
new text end
new text begin (5)new text end set transition milestones or performance measures, or both, which may include vehicle
procurement goals over the transition period;
deleted text begin (3)deleted text end new text begin (6)new text end identify barriers, constraints, and risks, and determine objectives and strategies
to address the issues identified;
deleted text begin (4)deleted text end new text begin (7)new text end consider findings and best practices from other transit agencies;
deleted text begin (5)deleted text end new text begin (8)new text end analyze zero-emission and electric transit vehicle technology impacts, including
cold weather operation and emerging technologies;
new text begin
(9) prioritize deployment of zero-emission transit buses based on the extent to which
service is provided to environmental justice areas, as defined in section 116.065, subdivision
1;
new text end
deleted text begin (6)deleted text end new text begin (10)new text end consider opportunities to prioritize the deployment of zero-emissions vehicles
in areas with poor air quality;
new text begin
(11) consider opportunities to prioritize deployment of zero-emission transit buses along
arterial and highway bus rapid transit routes, including methods to maximize cost
effectiveness with bus rapid transit construction projects;
new text end
deleted text begin (7)deleted text end new text begin (12)new text end provide detailed estimates of implementation costs new text begin to implement the plan and
meet the requirements under subdivision 4 and section 473.388, subdivision 9, which, to
the extent feasible, must include a forecast of annual expenditures, identification of potential
sources of funding, and a summary of any anticipated or planned activity to seek additional
fundsnew text end ; deleted text begin and
deleted text end
deleted text begin
(8)
deleted text end
new text begin
(13) examine capacity, constraints, and potential investments in the electric
transmission and distribution grid, in consultation with appropriate public utilities;
new text end
new text begin
(14) identify methods to coordinate necessary facility upgrades in a manner that
maximizes cost effectiveness and overall system reliability;
new text end
new text begin
(15) examine workforce impacts under the transition plan, including but not limited to
changes in staffing complement; personnel skill gaps and needs; and employee training,
retraining, or role transitions; and
new text end
new text begin (16)new text end summarize updates to the plan from the most recent version.
Subd. 3.
Copy to legislature.
Upon completion or revision of the plan, the council must
provide a copy to the chairs, ranking minority members, and staff of the legislative
committees with jurisdiction over transportation policy and finance.
new text begin Subd. 4. new text end
new text begin Bus procurement. new text end
new text begin
(a) Beginning on January 1, 2030, at least 50 percent of the
qualified transit buses annually purchased for regular route transit service or special
transportation service under section 473.386 by the council must be a zero-emission transit
bus.
new text end
new text begin
(b) Beginning on January 1, 2035, any qualified transit bus purchased for regular route
transit service or special transportation service under section 473.386 by the council must
be a zero-emission transit bus.
new text end
new text begin EFFECTIVE DATE; APPLICATION. new text end
new text begin
This section is effective the day following
final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
Scott, and Washington.
new text end
Sec. 56.
Minnesota Statutes 2023 Supplement, section 473.4051, is amended by adding
a subdivision to read:
new text begin Subd. 4. new text end
new text begin Bus rapid transit project infrastructure. new text end
new text begin
(a) The council must design,
construct, and fully fund the following elements of all bus rapid transit projects, regardless
of the project's scope: (1) sidewalk curb ramps and signals meeting the most current
Americans with Disabilities Act standards at all intersection quadrants in intersections
affected by construction of a bus rapid transit station; and (2) transit priority infrastructure,
including but not limited to red transit pavement marking and traffic signal modifications.
new text end
new text begin
(b) Intersections impacted by the requirements under paragraph (a) must include
infrastructure serving the bus rapid transit station from the opposite side of a street or from
a nonadjacent mid-block location. This paragraph must be construed to require full and
complete intersection upgrades to the most current Americans with Disabilities Act design
standards, notwithstanding any conflicting or lesser minimum requirements or suggestions
set forth in separate laws, regulations, advisories, or other published Americans with
Disabilities Act materials.
new text end
new text begin EFFECTIVE DATE; APPLICATION. new text end
new text begin
This section is effective the day following
final enactment for projects that first commence construction on or after that date. This
section applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and
Washington.
new text end
Sec. 57. new text begin COMMUNITY ROADSIDE LANDSCAPE PARTNERSHIPS.
new text end
new text begin
Subject to available funds, the commissioner of transportation must assess and undertake
methods to improve and expand the Department of Transportation's community roadside
landscape partnership program, including:
new text end
new text begin
(1) identifying and evaluating locations for partnership opportunities throughout the
state where there is high traffic volume and minimal existing vegetation coverage in the
form of trees or large shrubs;
new text end
new text begin
(2) performing outreach and engagement about the program with eligible community
partners;
new text end
new text begin
(3) prioritizing roadsides where vegetation could reduce neighborhood noise impacts or
improve aesthetics for neighborhoods that border interstate highways without regard to
whether there are existing noise walls; and
new text end
new text begin
(4) analyzing methods to include cost sharing between the department and participating
community partners for ongoing landscape maintenance.
new text end
Sec. 58. new text begin REVISOR INSTRUCTION.
new text end
new text begin
The revisor of statutes must recodify Minnesota Statutes, section 169.21, subdivision
6, as Minnesota Statutes, section 171.0701, subdivision 1b. The revisor must correct any
cross-references made necessary by this recodification.
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. new text begin REVISOR INSTRUCTION.
new text end
new text begin
The revisor of statutes must recodify Minnesota Statutes, section 473.3927, subdivision
1, as Minnesota Statutes, section 473.3927, subdivision 1b. The revisor must correct any
cross-references made necessary by this recodification.
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. 60. new text begin REPEALER.
new text end
new text begin
(a)
new text end
new text begin
Minnesota Statutes 2022, section 168.1297,
new text end
new text begin
is repealed.
new text end
new text begin
(b)
new text end
new text begin
Minnesota Rules, part 7410.6180,
new text end
new text begin
is repealed.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
Paragraph (b) is effective the day following final enactment.
new text end
ARTICLE 3
LABOR APPROPRIATIONS
Section 1. new text begin APPROPRIATIONS.
|
new text begin
(a) The sums shown in the columns under "Appropriations" are added to the
appropriations in Laws 2023, chapter 53, or other law to the specified agency. The
appropriations are from the general fund, or another named fund, and are available for the
fiscal years indicated for each purpose. The figures "2024" and "2025" used in this article
mean that the appropriations listed under them are available for the fiscal year ending June
30, 2024, or June 30, 2025, respectively. "The first year" is fiscal year 2024. "The second
year" is fiscal year 2025. "The biennium" is fiscal years 2024 and 2025.
new text end
new text begin
(b) If an appropriation in this article is enacted more than once in the 2024 regular or
special legislative session, the appropriation must be given effect only once.
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
2024 new text end |
new text begin
2025 new text end |
|||||
Sec. 2. new text begin DEPARTMENT OF HEALTH
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
174,000 new text end |
||
new text begin
$174,000 the second year is for technical
assistance for rulemaking for acceptable blood
lead levels for workers. This is a onetime
appropriation and is available until June 30,
2026.
new text end
Sec. 3. new text begin DEPARTMENT OF EMPLOYMENT
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
10,736,000 new text end |
||
new text begin
$9,000,000 the second year is for a grant to
Tending the Soil, to design, redesign, renovate,
construct, furnish, and equip the Rise Up
Center, a building located in Minneapolis, that
will house a workforce development and job
training center, administrative offices, and a
public gathering space.
new text end
new text begin
$1,736,000 the second year is for
implementation of the broadband provisions
in article 10.
new text end
Sec. 4.
Laws 2023, chapter 53, article 19, section 2, subdivision 1, is amended to read:
Subdivision 1.Total Appropriation
|
$ |
47,710,000 |
$ |
deleted text begin
44,044,000 deleted text end new text begin 44,720,000 new text end |
||
| Appropriations by Fund |
||
| 2024 |
2025 |
|
| General |
7,200,000 |
deleted text begin
4,889,000 deleted text end new text begin 5,286,000 new text end |
| Workers' Compensation |
30,599,000 |
deleted text begin
32,390,000 deleted text end new text begin 32,669,000 new text end |
| Workforce Development |
9,911,000 |
6,765,000 |
The amounts that may be spent for each
purpose are specified in the following
subdivisions. The general fund base for this
appropriation is deleted text begin $4,936,000deleted text end new text begin $5,006,000new text end in
fiscal year 2026 and deleted text begin $4,958,000deleted text end new text begin $5,028,000new text end
in fiscal year 2027 and each year thereafter.
The workers compensation fund base is
deleted text begin $32,749,000deleted text end new text begin $32,892,000new text end in fiscal year 2026
and $32,458,000 in fiscal year 2027 and each
year thereafter. The workforce development
fund base is $6,765,000 in fiscal year 2026
and each year thereafter.
Sec. 5.
Laws 2023, chapter 53, article 19, section 2, subdivision 3, is amended to read:
Subd. 3.Labor Standards
|
6,520,000 |
deleted text begin
6,270,000 deleted text end new text begin 6,667,000 new text end |
||||
| Appropriations by Fund |
||
| General |
4,957,000 |
deleted text begin
4,635,000 deleted text end new text begin 5,032,000 new text end |
| Workforce Development |
1,563,000 |
1,635,000 |
The general fund base for this appropriation
is deleted text begin $4,682,000deleted text end new text begin $4,752,000new text end in fiscal year 2026
and deleted text begin $4,704,000deleted text end new text begin $4,774,000new text end in fiscal year 2027
and each year thereafter.
(a) $2,046,000 each year is for wage theft
prevention.
(b) $1,563,000 the first year and $1,635,000
the second year are from the workforce
development fund for prevailing wage
enforcement.
(c) $134,000 the first year and $134,000 the
second year are for outreach and enforcement
efforts related to changes to the nursing
mothers, lactating employees, and pregnancy
accommodations law.
(d) $661,000 the first year and $357,000 the
second year are to perform work for the
Nursing Home Workforce Standards Board.
The base for this appropriation is $404,000 in
fiscal year 2026 and $357,000 in fiscal year
2027.
(e) $225,000 the first year and $169,000 the
second year are for the purposes of the Safe
Workplaces for Meat and Poultry Processing
Workers Act.
(f) $27,000 the first year is for the creation
and distribution of a veterans' benefits and
services poster under Minnesota Statutes,
section 181.536.
new text begin
(g) $141,000 the second year is to inform and
educate employers relating to Minnesota
Statutes, section 181.960. This is a onetime
appropriation.
new text end
new text begin
(h) $200,000 the second year is for education
and training related to employee
misclassification. This is a onetime
appropriation and is available until June 30,
2026.
new text end
Sec. 6.
Laws 2023, chapter 53, article 19, section 2, subdivision 5, is amended to read:
Subd. 5.Workplace Safety
new text begin
new text end
|
8,644,000 |
deleted text begin
7,559,000 deleted text end new text begin 7,838,000 new text end |
||||
| Appropriations by Fund |
||
| General |
2,000,000 |
-0- |
| Workers' Compensation |
6,644,000 |
deleted text begin
7,559,000 deleted text end new text begin 7,838,000 new text end |
The workers compensation fund base for this
appropriation is deleted text begin $7,918,000deleted text end new text begin $8,061,000new text end in
fiscal year 2026 and $7,627,000 in fiscal year
2027 and each year thereafter.
$2,000,000 the first year is for the ergonomics
safety grant program. This appropriation is
available until June 30, 2026. This is a onetime
appropriation.
Sec. 7.
Laws 2023, chapter 53, article 19, section 4, is amended to read:
Sec. 4. BUREAU OF MEDIATION SERVICES
|
$ |
3,707,000 |
$ |
3,789,000 |
||
deleted text begin (a)deleted text end $750,000 each year is for purposes of the
Public Employment Relations Board under
Minnesota Statutes, section 179A.041.
deleted text begin
(b) $68,000 each year is for grants to area
labor management committees. Grants may
be awarded for a 12-month period beginning
July 1 each year. Any unencumbered balance
remaining at the end of the first year does not
cancel but is available for the second year.
deleted text end
deleted text begin
(c) $47,000 each year is for rulemaking,
staffing, and other costs associated with peace
officer grievance procedures.
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective retroactively from July 1, 2023.
new text end
ARTICLE 4
COMBATIVE SPORTS
Section 1.
Minnesota Statutes 2022, section 326B.89, subdivision 5, is amended to read:
Subd. 5.
Payment limitations.
The commissioner shall not pay compensation from the
fund to an owner or a lessee in an amount greater than deleted text begin $75,000deleted text end new text begin $100,000new text end per licensee. The
commissioner shall not pay compensation from the fund to owners and lessees in an amount
that totals more than $550,000 per licensee. The commissioner shall only pay compensation
from the fund for a final judgment that is based on a contract directly between the licensee
and the homeowner or lessee that was entered into prior to the cause of action and that
requires licensure as a residential building contractor or residential remodeler.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2024.
new text end
Sec. 2.
Minnesota Statutes 2023 Supplement, section 341.25, is amended to read:
341.25 RULES.
(a) The commissioner may adopt rules that include standards for the physical examination
and condition of combatants and referees.
(b) The commissioner may adopt other rules necessary to carry out the purposes of this
chapter, including, but not limited to, the conduct of all combative sport contests and their
manner, supervision, time, and place.
(c) The most recent version of the Unified Rules of Mixed Martial Arts, as promulgated
by the Association of Boxing Commissions, is incorporated by reference and made a part
of this chapter except as qualified by this chapter and Minnesota Rules, chapter 2202. In
the event of a conflict between this chapter and the Unified Rules, this chapter must govern.
(d) The most recent version of the Unified Rules of Boxing, as promulgated by the
Association of Boxing Commissions, is incorporated by reference and made a part of this
chapter except as qualified by this chapter and Minnesota Rules, chapter 2201. In the event
of a conflict between this chapter and the Unified Rules, this chapter must govern.
(e) The most recent version of the Unified Rules of Kickboxingnew text begin and Unified Rules of
Muay Thainew text end , as promulgated by the Association of Boxing Commissions, deleted text begin isdeleted text end new text begin arenew text end incorporated
by reference and made a part of this chapter except as qualified by this chapter and any
applicable Minnesota Rules. In the event of a conflict between this chapter and deleted text begin the Unified
Rulesdeleted text end new text begin those rulesnew text end , this chapter must govern.new text begin If a promoter seeks to hold a kickboxing event
governed by a different set of kickboxing rules, the promoter must send the commissioner
a copy of the rules under which the proposed bouts will be conducted at least 45 days before
the event. The commissioner may approve or deny the use of the alternative rules at the
commissioner's discretion. If the alternative rules are approved for an event, this chapter
and any applicable Minnesota Rules, except of those incorporating the Unified Rules of
Kickboxing and Unified Rules of Muay Thai, must govern if there is a conflict between the
rules and Minnesota law.
new text end
Sec. 3.
Minnesota Statutes 2023 Supplement, section 341.28, subdivision 5, is amended
to read:
Subd. 5.
Regulatory authority; martial arts and amateur boxing.
(a) Unless this
chapter specifically states otherwise, contests or exhibitions for martial arts and amateur
boxing are exempt from the requirements of this chapter and officials at these events are
not required to be licensed under this chapter.
(b) Martial arts and amateur boxing contests, unless subject to the exceptions set forth
in subdivision 6new text begin or 7new text end , must be regulated by a nationally recognized organization approved
by the commissioner. The organization must have a set of written standards, procedures, or
rules used to sanction the combative sports it oversees.
(c) Any regulatory body overseeing a martial arts or amateur boxing event must submit
bout results to the commissioner within 72 hours after the event. If the regulatory body
issues suspensions, the regulatory body must submit to the commissioner a list of any
suspensions resulting from the event within 72 hours after the event. Regulatory bodies that
oversee combative sports or martial arts contests under subdivision 6new text begin or 7new text end are not subject
to this paragraph.
Sec. 4.
Minnesota Statutes 2022, section 341.28, is amended by adding a subdivision to
read:
new text begin Subd. 7. new text end
new text begin Regulatory authority; youth competition. new text end
new text begin
Combative sports or martial arts
contests between individuals under the age of 18 years are exempt from the requirements
of this chapter and officials at these events are not required to be licensed under this chapter.
A contest under this subdivision must be regulated by (1) a widely recognized organization
that regularly oversees youth competition, or (2) a local government.
new text end
Sec. 5.
Minnesota Statutes 2022, section 341.29, is amended to read:
341.29 JURISDICTION OF COMMISSIONER.
The commissioner shall:
(1) have sole direction, supervision, regulation, control, and jurisdiction over all
combative sport contests that are held within this state unless a contest is exempt from the
application of this chapter under federal law;
(2) have sole control, authority, and jurisdiction over all licenses required by this chapter;
(3) grant a license to an applicant if, in the judgment of the commissioner, the financial
responsibility, experience, character, and general fitness of the applicant are consistent with
the public interestdeleted text begin , convenience, or necessitydeleted text end andnew text begin innew text end the best interests of combative sports
and conforms with this chapter and the commissioner's rules;
(4) deny, suspend, or revoke a license using the enforcement provisions of section
326B.082, except that the licensing reapplication time frames remain within the sole
discretion of the commissioner; and
(5) serve final nonlicensing orders in performing the duties of this chapter which are
subject to the contested case procedures provided in sections 14.57 to 14.69.
Sec. 6.
Minnesota Statutes 2023 Supplement, section 341.30, subdivision 4, is amended
to read:
Subd. 4.
Prelicensure requirements.
(a) Before the commissioner issues a promoter's
license to an individual, corporation, or other business entity, the applicant shall complete
a licensing application on the Office of Combative Sports website or on forms prescribed
by the commissioner and shall:
(1) show on the licensing application the owner or owners of the applicant entity and
the percentage of interest held by each owner holding a 25 percent or more interest in the
applicant;
(2) provide the commissioner with a copy of the latest financial statement of the applicant;
(3) provide proof, where applicable, of authorization to do business in the state of
Minnesota; and
(4) deposit with the commissioner a surety bond in an amount set by the commissioner,
which must not be less than $10,000. The bond shall be executed in favor of this state and
shall be conditioned on the faithful performance by the promoter of the promoter's obligations
under this chapter and the rules adopted under it.
(b) Before the commissioner issues a license to a combatant, the applicant shall:
(1) submit to the commissioner the results of current medical examinations on forms
prescribed by the commissioner that state that the combatant is cleared to participate in a
combative sport contest. The applicant must undergo and submit the results of the following
medical examinations, which do not exempt a combatant from the requirements in section
341.33:
(i) a physical examination performed by a licensed medical doctor, doctor of osteopathic
medicine, advance practice nurse practitioner, or a physician assistant. Physical examinations
are valid for one year from the date of the exam;
(ii) an ophthalmological examination performed by an ophthalmologist or optometrist
that includes dilation designed to detect any retinal defects or other damage or a condition
of the eye that could be aggravated by combative sports. Ophthalmological examinations
are valid for one year from the date of the exam;
(iii) blood work results for HBsAg (Hepatitis B surface antigen), HCV (Hepatitis C
antibody), and HIV. Blood work results are good for one year from the date blood was
drawn. The commissioner shall not issue a license to an applicant submitting positive test
results for HBsAg, HCV, or HIV; and
(iv) other appropriate neurological or physical examinations before any contest, if the
commissioner determines that the examination is desirable to protect the health of the
combatant;
(2) complete a licensing application on the Office of Combative Sports website or on
forms prescribed by the commissioner; and
(3) provide proof that the applicant is 18 years of age. Acceptable proof is a photo driver's
license, state photo identification card, passport, or birth certificate combined with additional
photo identification.
new text begin
(c) Before the commissioner issues an amateur combatant license to an individual, the
applicant must submit proof of qualifications that includes at a minimum: (1) an applicant's
prior bout history and evidence showing that the applicant has completed at least six months
of training in a combative sport; or (2) a letter of recommendation from a coach or trainer.
new text end
new text begin
(d) Before the commissioner issues a professional combatant license to an individual,
the applicant must submit proof of qualifications that includes an applicant's prior bout
history showing the applicant has competed in at least four sanctioned combative sports
contests. If the applicant has not competed in at least four sanctioned combative sports
contests, the commissioner may still grant the applicant a license if the applicant provides
evidence demonstrating that the applicant has sufficient skills and experience in combative
sports or martial arts to compete as a professional combatant.
new text end
deleted text begin (c)deleted text end new text begin (e)new text end Before the commissioner issues a license to a referee, judge, or timekeeper, the
applicant must submit proof of qualifications that may include certified training from the
Association of Boxing Commissions, licensure with other regulatory bodies, professional
references, or a log of bouts worked.
deleted text begin (d)deleted text end new text begin (f)new text end Before the commissioner issues a license to a ringside physician, the applicant
must submit proof that they are licensed to practice medicine in the state of Minnesota and
in good standing.
Sec. 7.
Minnesota Statutes 2023 Supplement, section 341.321, is amended to read:
341.321 FEE SCHEDULE.
(a) The fee schedule for professional and amateur licenses issued by the commissioner
is as follows:
(1) referees, $25;
(2) promoters, $700;
(3) judges and knockdown judges, $25;
(4) trainers and seconds, $40;
(5) timekeepers, $25;
(6) professional combatants, $70;
(7) amateur combatants, $35; and
(8) ringside physicians, $25.
All license fees shall be paid no later than the weigh-in prior to the contest. No license may
be issued until all prelicensure requirements in section 341.30 are satisfied and fees are
paid.
(b) A promoter or event organizer of an event regulated by the Department of Labor and
Industry must pay, per event, a combative sport contest fee deleted text begin ofdeleted text end new text begin .
new text end
new text begin (c) If the promoter sells tickets for the event, the event fee isnew text end $1,500 deleted text begin per eventdeleted text end or four
percent of the gross ticket sales, whichever is greater. The fee must be paid as follows:
(1) $500 at the time the combative sport contest is schedulednew text begin , which is nonrefundablenew text end ;
(2) $1,000 at the weigh-in prior to the contest;
(3) if four percent of the gross ticket sales is greater than $1,500, the balance is due to
the commissioner within 14 days of the completed contest; and
(4) the value of all complimentary tickets distributed for an event, to the extent they
exceed five percent of total event attendance, counts toward gross tickets sales for the
purposes of determining a combative sports contest fee. For purposes of this clause, the
lowest advertised ticket price shall be used to calculate the value of complimentary tickets.
new text begin
(d) If the promoter does not sell tickets and receives only a flat payment from a venue
to administer the event, the event fee is $1,500 per event or four percent of the flat payment,
whichever is greater. The fee must be paid as follows:
new text end
new text begin
(1) $500 at the time the combative sport contest is scheduled, which is nonrefundable;
new text end
new text begin
(2) $1,000 at the weigh-in prior to the contest; and
new text end
new text begin
(3) if four percent of the flat payment is greater than $1,500, the balance is due to the
commissioner within 14 days of the completed contest.
new text end
deleted text begin (c)deleted text end new text begin (e)new text end All fees and penalties collected by the commissioner must be deposited in the
commissioner account in the special revenue fund.
Sec. 8.
Minnesota Statutes 2023 Supplement, section 341.33, is amended by adding a
subdivision to read:
new text begin Subd. 3. new text end
new text begin Medical records. new text end
new text begin
The commissioner may, if the commissioner determines that
doing so would be desirable to protect the health of a combatant, provide the combatant's
medical information collected under this chapter to the physician conducting a prebout exam
under this section or to the ringside physician or physicians assigned to the combatant's
combative sports contest.
new text end
Sec. 9.
Minnesota Statutes 2023 Supplement, section 341.355, is amended to read:
341.355 CIVIL PENALTIES.
When the commissioner finds that a person has violated one or more provisions of any
statute, rule, or order that the commissioner is empowered to regulate, enforce, or issue, the
commissioner may impose, for each violation, a civil penalty of up to $10,000 for each
violation, or a civil penalty that deprives the person of any economic advantage gained by
the violation, or both. The commissioner may also impose these penalties against a person
who has violated section 341.28, subdivision 5, paragraph (b) or (c)new text begin , or subdivision 7new text end .
ARTICLE 5
CONSTRUCTION CODES AND LICENSING
Section 1.
Minnesota Statutes 2023 Supplement, section 326B.106, subdivision 1, is
amended to read:
Subdivision 1.
Adoption of code.
(a) Subject to paragraphs (c) and (d) and sections
326B.101 to 326B.194, the commissioner shall by rule and in consultation with the
Construction Codes Advisory Council establish a code of standards for the construction,
reconstruction, alteration, and repair of buildings, governing matters of structural materials,
design and construction, fire protection, health, sanitation, and safety, including design and
construction standards regarding heat loss control, illumination, and climate control. The
code must also include duties and responsibilities for code administration, including
procedures for administrative action, penalties, and suspension and revocation of certification.
The code must conform insofar as practicable to model building codes generally accepted
and in use throughout the United States, including a code for building conservation. In the
preparation of the code, consideration must be given to the existing statewide specialty
codes presently in use in the state. Model codes with necessary modifications and statewide
specialty codes may be adopted by reference. The code must be based on the application
of scientific principles, approved tests, and professional judgment. To the extent possible,
the code must be adopted in terms of desired results instead of the means of achieving those
results, avoiding wherever possible the incorporation of specifications of particular methods
or materials. To that end the code must encourage the use of new methods and new materials.
Except as otherwise provided in sections 326B.101 to 326B.194, the commissioner shall
administer and enforce the provisions of those sections.
(b) The commissioner shall develop rules addressing the plan review fee assessed to
similar buildings without significant modifications including provisions for use of building
systems as specified in the industrial/modular program specified in section 326B.194.
Additional plan review fees associated with similar plans must be based on costs
commensurate with the direct and indirect costs of the service.
(c) Beginning with the 2018 edition of the model building codes and every six years
thereafter, the commissioner shall review the new model building codes and adopt the model
codes as amended for use in Minnesota, within two years of the published edition date. The
commissioner may adopt amendments to the building codes prior to the adoption of the
new building codes to advance construction methods, technology, or materials, or, where
necessary to protect the health, safety, and welfare of the public, or to improve the efficiency
or the use of a building.
(d) Notwithstanding paragraph (c), the commissioner shall act on each new model
residential energy code and the new model commercial energy code in accordance with
federal law for which the United States Department of Energy has issued an affirmative
determination in compliance with United States Code, title 42, section 6833. The
commissioner may adopt amendments prior to adoption of the new energy codes, as amended
for use in Minnesota, to advance construction methods, technology, or materials, or, where
necessary to protect the health, safety, and welfare of the public, or to improve the efficiency
or use of a building.
(e) Beginning in 2024, the commissioner shall act on the new model commercial energy
code by adopting each new published edition of ASHRAE 90.1 or a more efficient standard.
The commercial energy code in effect in 2036 and thereafter must achieve an 80 percent
reduction in annual net energy consumption or greater, using the ASHRAE 90.1-2004 as a
baseline. The commissioner shall adopt commercial energy codes from 2024 to 2036 that
incrementally move toward achieving the 80 percent reduction in annual net energy
consumption. By January 15 of the year following each new code adoption, the commissioner
shall make a report on progress under this section to the legislative committees with
jurisdiction over the energy code.
(f) Nothing in this section shall be interpreted to limit the ability of a public utility to
offer code support programs, or to claim energy savings resulting from such programs,
through its energy conservation and optimization plans approved by the commissioner of
commerce under section 216B.241 or an energy conservation and optimization plan filed
by a consumer-owned utility under section 216B.2403.
new text begin
(g) Beginning in 2026, the commissioner shall act on the new model residential energy
code by adopting each new published edition of the International Energy Conservation Code
or a more efficient standard. The residential energy code in effect in 2038 and thereafter
must achieve a 70 percent reduction in annual net energy consumption or greater, using the
2006 International Energy Conservation Code State Level Residential Codes Energy Use
Index for Minnesota, as published by the United States Department of Energy's Building
Energy Codes Program, as a baseline. The commissioner shall adopt residential energy
codes from 2026 to 2038 that incrementally move toward achieving the 70 percent reduction
in annual net energy consumption. By January 15 of the year following each new code
adoption, the commissioner shall submit a report on progress under this section to the
legislative committees with jurisdiction over the energy code.
new text end
Sec. 2.
Minnesota Statutes 2022, section 326B.802, subdivision 13, is amended to read:
Subd. 13.
Residential real estate.
"Residential real estate" means a new or existing
building constructed for habitation by one to four families, and includes detached garagesnew text begin
and swimming poolsnew text end .
Sec. 3.
Minnesota Statutes 2023 Supplement, section 326B.802, subdivision 15, is amended
to read:
Subd. 15.
Special skill.
"Special skill" means one of the following eight categories:
(a) Excavation. Excavation includes work in any of the following areas:
(1) excavation;
(2) trenching;
(3) grading; and
(4) site grading.
(b) Masonry and concrete. Masonry and concrete includes work in any of the following
areas:
(1) drain systems;
(2) poured walls;
(3) slabs and poured-in-place footings;
(4) masonry walls;
(5) masonry fireplaces;
(6) masonry veneer; and
(7) water resistance and waterproofing.
(c) Carpentry. Carpentry includes work in any of the following areas:
(1) rough framing;
(2) finish carpentry;
(3) doors, windows, and skylights;
(4) porches and decks, excluding footings;
(5) wood foundations; and
(6) drywall installation, excluding taping and finishing.
(d) Interior finishing. Interior finishing includes work in any of the following areas:
(1) floor covering;
(2) wood floors;
(3) cabinet and counter top installation;
(4) insulation and vapor barriers;
(5) interior or exterior painting;
(6) ceramic, marble, and quarry tile;
(7) ornamental guardrail and installation of prefabricated stairs; and
(8) wallpapering.
(e) Exterior finishing. Exterior finishing includes work in any of the following areas:
(1) siding;
(2) soffit, fascia, and trim;
(3) exterior plaster and stucco;
(4) painting; and
(5) rain carrying systems, including gutters and down spouts.
(f) Drywall and plaster. Drywall and plaster includes work in any of the following
areas:
(1) installation;
(2) taping;
(3) finishing;
(4) interior plaster;
(5) painting; and
(6) wallpapering.
(g) Residential roofing. Residential roofing includes work in any of the following areas:
(1) roof coverings;
(2) roof sheathing;
(3) roof weatherproofing and insulation;
(4) repair of roof support system, but not construction of new roof support system; and
(5) penetration of roof coverings for purposes of attaching a solar photovoltaic system.
(h) General installation specialties. Installation includes work in any of the following
areas:
(1) garage doors and openers;
(2) deleted text begin pools,deleted text end spasdeleted text begin ,deleted text end and hot tubs;
(3) fireplaces and wood stoves;
(4) asphalt paving and seal coating;
(5) ornamental guardrail and prefabricated stairs; and
(6) assembly of the support system for a solar photovoltaic system.
Sec. 4.
Minnesota Statutes 2022, section 326B.89, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
(a) For the purposes of this section, the following terms have
the meanings given them.
(b) "Gross annual receipts" means the total amount derived from residential contracting
or residential remodeling activities, regardless of where the activities are performed, and
must not be reduced by costs of goods sold, expenses, losses, or any other amount.
(c) "Licensee" means a person licensed as a residential contractor or residential remodeler.
(d) "Residential real estate" means a new or existing building constructed for habitation
by one to four families, and includes detached garages intended for storage of vehicles
associated with the residential real estatenew text begin , and private swimming pools connected with the
residential real estate, which are controlled and used by the owner or the owner's family or
invited guests and are not used as part of a businessnew text end .
(e) "Fund" means the contractor recovery fund.
(f) "Owner" when used in connection with real property, means a person who has any
legal or equitable interest in real property and includes a condominium or townhome
association that owns common property located in a condominium building or townhome
building or an associated detached garage. Owner does not include any real estate developer
or any owner using, or intending to use, the property for a business purpose and not as
owner-occupied residential real estate.
(g) "Cycle One" means the time period between July 1 and December 31.
(h) "Cycle Two" means the time period between January 1 and June 30.
ARTICLE 6
BUREAU OF MEDIATION SERVICES
Section 1.
Minnesota Statutes 2022, section 626.892, subdivision 10, is amended to read:
Subd. 10.
Training.
(a) A person appointed to the arbitrator roster under this section
must complete training as required by the commissioner during the person's appointment.
At a minimum, an initial training must include:
(1) at least six hours on the topics of cultural competency, racism, implicit bias, and
recognizing and valuing community diversity and cultural differences; and
(2) at least six hours on topics related to the daily experience of peace officers, which
may include ride-alongs with on-duty officers or other activities that provide exposure to
the environments, choices, and judgments required of officers in the field.
new text begin (b) new text end The commissioner may adopt rules establishing training requirements consistent
with this subdivision.
deleted text begin (b) An arbitrator appointed to the roster of arbitrators in 2020 must complete the required
initial training by July 1, 2021.deleted text end new text begin (c)new text end An arbitrator appointed to the roster of arbitrators after
2020 must complete the required initial training within six months of the arbitrator's
appointment.
deleted text begin (c)deleted text end new text begin (d) The Bureau of Mediation Services must pay fornew text end all costs associated with the
required training deleted text begin must be borne by the arbitratordeleted 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. 2. new text begin REPEALER.
new text end
new text begin
(a)
new text end
new text begin
Minnesota Statutes 2022, sections 179.81; 179.82; 179.83, subdivision 1; 179.84,
subdivision 1; and 179.85,
new text end
new text begin
are repealed.
new text end
new text begin
(b)
new text end
new text begin
Minnesota Rules, parts 5520.0100; 5520.0110; 5520.0120; 5520.0200; 5520.0250;
5520.0300; 5520.0500; 5520.0520; 5520.0540; 5520.0560; 5520.0600; 5520.0620;
5520.0700; 5520.0710; and 5520.0800,
new text end
new text begin
are repealed.
new text end
ARTICLE 7
PUBLIC EMPLOYMENT LABOR RELATIONS
Section 1.
Minnesota Statutes 2023 Supplement, section 179A.041, subdivision 10, is
amended to read:
Subd. 10.
Open Meeting Law; exceptions.
Chapter 13D does not apply to deleted text begin meetings of
thedeleted text end new text begin anew text end board new text begin meeting new text end when deleted text begin itdeleted text end new text begin the board new text end isnew text begin :
new text end
new text begin (1)new text end deliberating on the merits of new text begin an new text end unfair labor practice deleted text begin chargesdeleted text end new text begin chargenew text end under sections
179.11, 179.12, and 179A.13;
new text begin (2)new text end reviewing a new text begin hearing officer's new text end recommended decision and order deleted text begin of a hearing officerdeleted text end
under section 179A.13; or
new text begin (3)new text end reviewing deleted text begin decisions of the commissioner of the Bureau of Mediation Services relating
todeleted text end new text begin a commissioner's decision on an new text end unfair labor deleted text begin practicesdeleted text end new text begin practicenew text end under section 179A.12,
subdivision 11.
Sec. 2.
Minnesota Statutes 2023 Supplement, section 179A.06, subdivision 6, is amended
to read:
Subd. 6.
Payroll deduction, authorization, and remittance.
(a) Public employees deleted text begin have
the right todeleted text end new text begin maynew text end request deleted text begin and be alloweddeleted text end payroll deduction for the exclusive representative
and deleted text begin thedeleted text end new text begin its associatednew text end political fund deleted text begin associated with the exclusive representative and registered
pursuant todeleted text end new text begin undernew text end section 10A.12. new text begin If there is no exclusive representative, public employees
may request payroll deduction for the employee organization of their choice. A public
employer must provide payroll deduction according to any public employee's request under
this paragraph.
new text end
new text begin (b) new text end A public employer must rely on a certification from deleted text begin anydeleted text end new text begin annew text end exclusive representative
requesting remittance of a deduction that the new text begin employee new text end organization has and will maintain
an authorizationdeleted text begin ,deleted text end signednew text begin , either by hand or electronically according to section 325L.02,
paragraph (h),new text end by the public employee from whose salary or wages the deduction is to be
madedeleted text begin , which may include an electronic signature by the public employee as defined in
section 325L.02, paragraph (h)deleted text end . An exclusive representative making deleted text begin suchdeleted text end new text begin anew text end certification
deleted text begin must not bedeleted text end new text begin is notnew text end required to provide the public employer a copy of the authorization unless
a dispute arises about the new text begin authorization's new text end existence or terms deleted text begin of the authorizationdeleted text end . deleted text begin The exclusive
representative must indemnify the public employer for any successful claims made by the
employee for unauthorized deductions in reliance on the certification.
deleted text end
deleted text begin (b)deleted text end new text begin (c)new text end A deleted text begin duesdeleted text end new text begin payroll new text end deduction authorization deleted text begin remains in effectdeleted text end new text begin is effectivenew text end until thenew text begin
exclusive representative notifies thenew text end employer deleted text begin receives notice from the exclusive
representativedeleted text end that a public employee has changed or canceled deleted text begin theirdeleted text end new text begin the employee'snew text end
authorization in writing in accordance with the terms of the original deleted text begin authorizing document,
anddeleted text end new text begin authorization. When determining whether deductions have been properly changed or
canceled,new text end a public employer must rely on information from the exclusive representative
receiving remittance of the deduction deleted text begin regarding whether the deductions have been properly
changed or canceleddeleted text end . deleted text begin The exclusive representative must indemnify the public employer,
including any reasonable attorney fees and litigation costs, for any successful claims made
by the employee for unauthorized deductions made in reliance on such information.
deleted text end
deleted text begin (c)deleted text end new text begin (d)new text end Deduction authorization under this section isnew text begin :
new text end
new text begin (1)new text end independent from the public employee's membership status in the new text begin employee
new text end organization to which payment is remittednew text begin ;new text end and deleted text begin is
deleted text end
new text begin (2)new text end effective regardless of whether a collective bargaining agreement authorizes the
deduction.
deleted text begin (d) Employersdeleted text end new text begin (e) An employernew text end must deleted text begin commencedeleted text end new text begin :
new text end
new text begin (1) beginnew text end deductions within 30 days deleted text begin of notice of authorization from thedeleted text end new text begin after annew text end exclusive
representative new text begin submits a certification under paragraph (b); new text end and deleted text begin must
deleted text end
new text begin (2)new text end remit the deductions to the exclusive representative within 30 days of the deduction.
deleted text begin The failure of an employer to comply with the provisions of this paragraph shall be an unfair
labor practice under section 179A.13, the relief for which shall be reimbursement by the
employer of deductions that should have been made or remitted based on a valid authorization
given by the employee or employees.
deleted text end
deleted text begin
(e) In the absence of an exclusive representative, public employees have the right to
request and be allowed payroll deduction for the organization of their choice.
deleted text end
new text begin
(f) An exclusive representative must indemnify a public employer:
new text end
new text begin
(1) for any successful employee claim for unauthorized employer deductions made by
relying on an exclusive representative's certification under paragraph (b); and
new text end
new text begin
(2) for any successful employee claim for unauthorized employer deductions made by
relying on information for changing or canceling deductions under paragraph (c), with
indemnification including any reasonable attorney fees and litigation costs.
new text end
deleted text begin (f)deleted text end new text begin (g)new text end Any dispute under this subdivision must be resolved through an unfair labor
practice proceeding under section 179A.13.new text begin It is an unfair labor practice if an employer fails
to comply with paragraph (e), and the employer must reimburse deductions that should have
been made or remitted based on a valid authorization given by the employee or employees.
new text end
Sec. 3.
Minnesota Statutes 2023 Supplement, section 179A.07, subdivision 8, is amended
to read:
Subd. 8.
Bargaining unit information.
(a) Within 20 calendar days deleted text begin from the date of
hire ofdeleted text end new text begin afternew text end a bargaining unit employeenew text begin is hirednew text end , a public employer must provide the
following deleted text begin contactdeleted text end information new text begin on the employee new text end to deleted text begin andeleted text end new text begin the unit'snew text end exclusive representative in
an Excel file format or other format agreed to by the exclusive representative:
new text begin (1)new text end name;
new text begin (2)new text end job title;
new text begin (3)new text end worksite location, including location deleted text begin withindeleted text end new text begin innew text end a facility when appropriate;
new text begin (4)new text end home address;
new text begin (5)new text end work telephone number;
new text begin (6)new text end home and personal cell phone numbers on file with the public employer;
new text begin (7)new text end date of hire; and
new text begin (8)new text end work email address and personal email address on file with the public employer.
(b) Every 120 calendar days deleted text begin beginning on January 1, 2024deleted text end , a public employer must
provide to deleted text begin andeleted text end new text begin a bargaining unit'snew text end exclusive representative in an Excel file or similar format
agreed to by the exclusive representative the deleted text begin followingdeleted text end informationnew text begin under paragraph (a)new text end for
all bargaining unit employeesdeleted text begin : name; job title; worksite location, including location within
a facility when appropriate; home address; work telephone number; home and personal cell
phone numbers on file with the public employer; date of hire; and work email address and
personal email address on file with the public employerdeleted text end .
(c) deleted text begin A public employer must notify an exclusive representative within 20 calendar days
of the separation ofdeleted text end new text begin If a bargaining unit employee separates fromnew text end employment or deleted text begin transferdeleted text end new text begin
transfersnew text end out of deleted text begin thedeleted text end new text begin anew text end bargaining unit deleted text begin of a bargaining unit employeedeleted text end new text begin , the employee's public
employer must notify the employee's exclusive representative within 20 calendar days after
the separation or transfernew text end .
Sec. 4.
Minnesota Statutes 2023 Supplement, section 179A.07, subdivision 9, is amended
to read:
Subd. 9.
Access.
(a) A public employer must allow an exclusive representative to meet
in person with new text begin a new text end newly hired deleted text begin employees, without charge to the pay or leave time of the
employees, for 30 minutes,deleted text end new text begin employeenew text end within 30 calendar days from the date of hiredeleted text begin ,deleted text end during
new employee orientations or, if the employer does not conduct new employee orientations,
at individual or group meetings. new text begin For an orientation or meeting under this paragraph, an
employer must allow the employee and exclusive representative up to 30 minutes to meet
and must not charge the employee's pay or leave time during the orientation or meeting. An
orientation or meeting may be held virtually or for longer than 30 minutes only by mutual
agreement of the employer and exclusive representative.
new text end
new text begin (b) new text end An exclusive representative deleted text begin shalldeleted text end new text begin mustnew text end receive deleted text begin no less thandeleted text end new text begin at leastnew text end ten days' notice
deleted text begin in advancedeleted text end of an orientation, deleted text begin except thatdeleted text end new text begin butnew text end a shorter notice may be provided deleted text begin wheredeleted text end new text begin ifnew text end there
is an urgent need critical to the new text begin employer's new text end operations deleted text begin of the public employerdeleted text end that was not
reasonably foreseeable. Notice of and attendance at new employee orientations and other
meetings under this paragraph deleted text begin must bedeleted text end new text begin and paragraph (a) arenew text end limited tonew text begin :
new text end
new text begin (1)new text end the public employerdeleted text begin ,deleted text end new text begin ;
new text end
new text begin (2)new text end the employeesdeleted text begin ,deleted text end new text begin ;
new text end
new text begin (3)new text end the exclusive representativedeleted text begin ,deleted text end new text begin ;new text end and
new text begin (4)new text end any vendor contracted to provide a service for deleted text begin purposes ofdeleted text end the meeting. deleted text begin Meetings
may be held virtually or for longer than 30 minutes only by mutual agreement of the public
employer and exclusive representative.
deleted text end
deleted text begin (b)deleted text end new text begin (c)new text end A public employer must allow an exclusive representative to communicate with
bargaining unit members deleted text begin using their employer-issued email addresses regardingdeleted text end new text begin by email
on:
new text end
new text begin (1)new text end collective bargainingdeleted text begin ,deleted text end new text begin ;
new text end
new text begin (2)new text end the administration of collective bargaining agreementsdeleted text begin ,deleted text end new text begin ;
new text end
new text begin (3)new text end the investigation of grievancesdeleted text begin ,deleted text end new text begin andnew text end other workplace-related complaints and issuesdeleted text begin ,deleted text end new text begin ;new text end
and
new text begin (4)new text end internal matters involving the governance or business of the exclusive representativedeleted text begin ,
consistent with the employer's generally applicable technology use policiesdeleted text end .
new text begin
(d) An exclusive representative may communicate with bargaining unit members under
paragraph (c) via the members' employer-issued email addresses, but the communication
must be consistent with the employer's generally applicable technology use policies.
new text end
deleted text begin (c)deleted text end new text begin (e)new text end A public employer must allow an exclusive representative to meet with bargaining
unit members in facilities owned or leased by the public employer deleted text begin regardingdeleted text end new text begin to communicate
on:
new text end
new text begin (1)new text end collective bargainingdeleted text begin ,deleted text end new text begin ;
new text end
new text begin (2)new text end the administration of collective bargaining agreementsdeleted text begin ,deleted text end new text begin ;
new text end
new text begin (3) the investigation ofnew text end grievances and other workplace-related complaints and issuesdeleted text begin ,deleted text end new text begin ;new text end
and
new text begin (4)new text end internal matters involving the governance or business of the exclusive representativedeleted text begin ,
provided the use does not interfere with governmental operations and the exclusive
representative complies with worksite security protocols established by the public employerdeleted text end .
new text begin
(f) The following applies for a meeting under paragraph (e):
new text end
new text begin
(1) a meeting cannot interfere with government operations;
new text end
new text begin
(2) the exclusive representative must comply with employer-established worksite security
protocols;
new text end
deleted text begin Meetings conducteddeleted text end new text begin (3) a meetingnew text end in new text begin a new text end government deleted text begin buildings pursuant to this paragraph
must notdeleted text end new text begin building cannotnew text end be for deleted text begin the purpose ofdeleted text end supporting or opposing any candidate for
partisan political office or for deleted text begin the purpose ofdeleted text end distributing literature or information deleted text begin regardingdeleted text end new text begin
onnew text end partisan electionsdeleted text begin .deleted text end new text begin ; and
new text end
new text begin (4)new text end an exclusive representative conducting a meeting in a government building or other
government facility deleted text begin pursuant to this subdivisiondeleted text end may be charged for maintenance, security,
and other costs related to deleted text begin the use ofdeleted text end new text begin usingnew text end the government building or facility that would
not otherwise be incurred by the government entity.
Sec. 5.
Minnesota Statutes 2023 Supplement, section 179A.10, subdivision 2, is amended
to read:
Subd. 2.
State employees.
(a) Unclassified employees, unless otherwise excluded, are
included within the units deleted text begin whichdeleted text end new text begin thatnew text end include the classifications to which they are assigned
for purposes of compensation. Supervisory employees deleted text begin shall onlydeleted text end new text begin cannew text end be assigned new text begin only new text end to
deleted text begin unitsdeleted text end new text begin unitnew text end 12 deleted text begin anddeleted text end new text begin ornew text end 16. The following new text begin units new text end are the appropriate units of executive branch
state employees:
(1) law enforcement unit;
(2) craft, maintenance, and labor unit;
(3) service unit;
(4) health care nonprofessional unit;
(5) health care professional unit;
(6) clerical and office unit;
(7) technical unit;
(8) correctional guards unit;
(9) state university instructional unit;
(10) state college instructional unit;
(11) state university administrative unit;
(12) professional engineering unit;
(13) health treatment unit;
(14) general professional unit;
(15) professional state residential instructional unit;
(16) supervisory employees unit;
(17) public safety radio communications operator unit;
(18) licensed peace officer special unit; and
(19) licensed peace officer leader unit.
deleted text begin
Each unit consists of the classifications or positions assigned to it in the schedule of
state employee job classification and positions maintained by the commissioner. The
commissioner may only make changes in the schedule in existence on the day prior to
August 1, 1984, as required by law or as provided in subdivision 4.
deleted text end
(b) The following positions are included in the licensed peace officer special unit:
(1) State Patrol lieutenant;
(2) NR district supervisor - enforcement;
(3) assistant special agent in charge;
(4) corrections investigation assistant director 2;
(5) corrections investigation supervisor; and
(6) commerce supervisor special agent.
(c) The following positions are included in the licensed peace officer leader unit:
(1) State Patrol captain;
(2) NR program manager 2 enforcement; and
(3) special agent in charge.
new text begin
(d) Each unit consists of the classifications or positions assigned to it in the schedule of
state employee job classification and positions maintained by the commissioner. The
commissioner may make changes in the schedule in existence on the day before August 1,
1984, only:
new text end
new text begin
(1) as required by law; or
new text end
new text begin
(2) as provided in subdivision 4.
new text end
Sec. 6.
Minnesota Statutes 2023 Supplement, section 179A.12, subdivision 2a, is amended
to read:
Subd. 2a.
Majority verification procedure.
(a) deleted text begin Notwithstanding any other provision
of this section,deleted text end An employee organization may file a petition with the commissioner
requesting certification as the exclusive representative of deleted text begin andeleted text end new text begin a proposednew text end appropriate unit
deleted text begin based on a verification thatdeleted text end new text begin for which there is no currently certified exclusive representative.
The petition must verify thatnew text end over 50 percent of the employees in the proposed appropriate
unit wish to be represented by the deleted text begin petitionerdeleted text end new text begin organizationnew text end . deleted text begin The commissioner shall require
dated representation authorization signatures of affected employees as verification of the
employee organization's claim of majority status.
deleted text end
(b) deleted text begin Upon receipt of an employee organization's petition, accompanied by employee
authorization signatures under this subdivision, the commissioner shall investigate the
petition.deleted text end If the commissioner determines that over 50 percent of the employees in deleted text begin andeleted text end new text begin thenew text end
appropriate unit have provided authorization signatures designating the new text begin petitioning new text end employee
organization deleted text begin specified in the petitiondeleted text end as their exclusive representative, the commissioner
deleted text begin shall not order an election but shalldeleted text end new text begin mustnew text end certify the employee organizationnew text begin as the employees'
exclusive representative without ordering an election under this sectionnew text end .
Sec. 7.
Minnesota Statutes 2022, section 179A.12, subdivision 5, is amended to read:
Subd. 5.
Commissioner to investigate.
deleted text begin The commissioner shall,deleted text end Upon deleted text begin receipt of an
employee organization'sdeleted text end new text begin receiving anew text end petition deleted text begin to the commissionerdeleted text end under subdivision deleted text begin 3deleted text end new text begin 1a
or 2anew text end , new text begin the commissioner must:
new text end
new text begin (1) new text end investigate to determine if sufficient evidence of a question of representation existsnew text begin ;new text end
and
new text begin (2)new text end hold hearings necessary to determine the appropriate unit and other matters necessary
to determine the representation rights of the affected employees and employer.
Sec. 8.
Minnesota Statutes 2023 Supplement, section 179A.12, subdivision 6, is amended
to read:
Subd. 6.
Authorization signatures.
deleted text begin Indeleted text end new text begin (a) Whennew text end determining the numerical status of
an employee organization for purposes of this section, the commissioner deleted text begin shalldeleted text end new text begin mustnew text end require
new text begin a new text end dated representation authorization deleted text begin signatures of affected employeesdeleted text end new text begin signature of each
affected employeenew text end as verification of the statements contained in the deleted text begin joint request or petitionsdeleted text end new text begin
petitionnew text end . deleted text begin These
deleted text end
new text begin (b) An new text end authorization deleted text begin signatures shall bedeleted text end new text begin signature isnew text end privileged and confidential
information available to the commissioner only. new text begin An new text end electronic deleted text begin signaturesdeleted text end new text begin signaturenew text end , as
defined in section 325L.02, paragraph (h), deleted text begin shall bedeleted text end new text begin isnew text end valid as new text begin an new text end authorization deleted text begin signaturesdeleted text end new text begin
signaturenew text end .
new text begin (c) Annew text end authorization deleted text begin signatures shall bedeleted text end new text begin signature isnew text end valid for deleted text begin a period ofdeleted text end one year
following the new text begin signature new text end date deleted text begin of signaturedeleted text end .
Sec. 9.
Minnesota Statutes 2023 Supplement, section 179A.12, subdivision 11, is amended
to read:
Subd. 11.
Unfair labor practices.
new text begin The commissioner may void the result of an election
or majority verification procedure and order a new election or procedure new text end if the commissioner
finds deleted text begin thatdeleted text end new text begin one of the following:
new text end
new text begin (1) there wasnew text end an unfair labor practice new text begin that:
new text end
new text begin (i) new text end was committed by an employer deleted text begin ordeleted text end new text begin , anew text end representative candidate deleted text begin ordeleted text end new text begin ,new text end an employeenew text begin ,new text end or new text begin a
new text end group of employeesdeleted text begin ,deleted text end new text begin ;new text end and deleted text begin that the unfair labor practice
deleted text end
new text begin (ii)new text end affected the result of deleted text begin andeleted text end new text begin thenew text end election or new text begin the new text end majority verification procedure deleted text begin pursuant
to subdivision 2a,deleted text end new text begin ;new text end or deleted text begin that
deleted text end
new text begin (2)new text end procedural or other irregularities in the conduct of the election or majority verification
procedure may have substantially affected deleted text begin itsdeleted text end new text begin thenew text end resultsdeleted text begin , the commissioner may void the
result and order a new election or majority verification proceduredeleted text end .
Sec. 10. new text begin RULEMAKING.
new text end
new text begin
The commissioner must adopt rules on petitions for majority verification, including
technical changes needed for consistency with Minnesota Statutes, section 179A.12, and
the commissioner may use the expedited rulemaking process under Minnesota Statutes,
section 14.389.
new text end
Sec. 11. new text begin REVISOR INSTRUCTION.
new text end
new text begin
The revisor of statutes must renumber Minnesota Statutes, section 179A.12, subdivision
3, as Minnesota Statutes, section 179A.12, subdivision 1a.
new text end
ARTICLE 8
UNIVERSITY OF MINNESOTA COLLECTIVE BARGAINING UNITS
Section 1.
Minnesota Statutes 2023 Supplement, section 179A.03, subdivision 14, is
amended to read:
Subd. 14.
Public employee or employee.
(a) "Public employee" or "employee" means
any person appointed or employed by a public employer except:
(1) elected public officials;
(2) election officers;
(3) commissioned or enlisted personnel of the Minnesota National Guard;
(4) emergency employees who are employed for emergency work caused by natural
disaster;
(5) part-time employees whose service does not exceed the lesser of 14 hours per week
or 35 percent of the normal work week in the employee's appropriate unit;
(6) employees whose positions are basically temporary or seasonal in character and: (i)
are not for more than 67 working days in any calendar year; new text begin or new text end (ii) are not working for a
Minnesota school district or charter school; deleted text begin or (iii) are not for more than 100 working days
in any calendar year and the employees are under the age of 22, are full-time students
enrolled in a nonprofit or public educational institution prior to being hired by the employer,
and have indicated, either in an application for employment or by being enrolled at an
educational institution for the next academic year or term, an intention to continue as students
during or after their temporary employment;
deleted text end
(7) employees providing services for not more than two consecutive quarters to the
Board of Trustees of the Minnesota State Colleges and Universities under the terms of a
professional or technical services contract as defined in section 16C.08, subdivision 1;
(8) employees of charitable hospitals as defined by section 179.35, subdivision 3, except
that employees of charitable hospitals as defined by section 179.35, subdivision 3, are public
employees for purposes of sections 179A.051, 179A.052, and 179A.13;
deleted text begin
(9) full-time undergraduate students employed by the school which they attend under a
work-study program or in connection with the receipt of financial aid, irrespective of number
of hours of service per week;
deleted text end
deleted text begin (10)deleted text end new text begin (9)new text end an individual who is employed for less than 300 hours in a fiscal year as an
instructor in an adult vocational education program;
deleted text begin (11)deleted text end new text begin (10)new text end with respect to court employees:
(i) personal secretaries to judges;
(ii) law clerks;
(iii) managerial employees;
(iv) confidential employees; and
(v) supervisory employees; or
deleted text begin (12)deleted text end new text begin (11)new text end with respect to employees of Hennepin Healthcare System, Inc., managerial,
supervisory, and confidential employees.
(b) The following individuals are public employees regardless of the exclusions of
paragraph (a), clauses (5) to (7):
(1) an employee hired by a school district or the Board of Trustees of the Minnesota
State Colleges and Universities except at the university established in the Twin Cities
metropolitan area under section 136F.10 or for community services or community education
instruction offered on a noncredit basis: (i) to replace an absent teacher or faculty member
who is a public employee, where the replacement employee is employed more than 30
working days as a replacement for that teacher or faculty member; or (ii) to take a teaching
position created due to increased enrollment, curriculum expansion, courses which are a
part of the curriculum whether offered annually or not, or other appropriate reasons;
(2) an employee hired for a position under paragraph (a), clause (6), item (i), if that same
position has already been filled under paragraph (a), clause (6), item (i), in the same calendar
year and the cumulative number of days worked in that same position by all employees
exceeds 67 calendar days in that year. For the purpose of this paragraph, "same position"
includes a substantially equivalent position if it is not the same position solely due to a
change in the classification or title of the position;
(3) an early childhood family education teacher employed by a school district; deleted text begin and
deleted text end
(4) an individual hired by the Board of Trustees of the Minnesota State Colleges and
Universitiesnew text begin or the University of Minnesotanew text end as the instructor of record to teach (i) one class
for more than three credits in a fiscal year, or (ii) two or more credit-bearing classes in a
fiscal yeardeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(5) an individual who: (i) is paid by the Board of Regents of the University of Minnesota
for work performed at the direction of the university or any of its employees or contractors;
and (ii) is enrolled in three or more university credit-bearing classes or one semester as a
full-time student or post-doctoral fellow during the fiscal year in which the work is
performed. For purposes of this section, work paid by the university includes but is not
limited to work that is required as a condition of receiving a stipend or tuition benefit,
whether or not the individual also receives educational benefit from performing that work.
Individuals who perform supervisory functions in regard to any of the aforementioned
workers are not considered supervisory employees for the purpose of section 179A.06,
subdivision 2.
new text end
Sec. 2.
Minnesota Statutes 2022, section 179A.11, subdivision 1, is amended to read:
Subdivision 1.
Units.
new text begin (a) new text end The following are deleted text begin thedeleted text end appropriate units of University of
Minnesota employees. All units shall exclude managerial and confidential employees.
deleted text begin Supervisory employees shall only be assigned to unit 13. No additional units of University
of Minnesota employees shall be recognized for the purpose of meeting and negotiating.
deleted text end
(1) The Law Enforcement Unit deleted text begin consists ofdeleted text end new text begin includesnew text end the positions of all employees with
the power of arrest.
(2) The Craft and Trades Unit deleted text begin consists ofdeleted text end new text begin includesnew text end the positions of all employees whose
work requires specialized manual skills and knowledge acquired through formal training
or apprenticeship or equivalent on-the-job training or experience.
(3) The Service, Maintenance, and Labor Unit deleted text begin consists ofdeleted text end new text begin includesnew text end the positions of all
employees whose work is typically that of maintenance, service, or labor and which does
not require extensive previous training or experience, except as provided in unit 4.
(4) The Health Care Nonprofessional and Service Unit deleted text begin consists ofdeleted text end new text begin includesnew text end the positions
of all nonprofessional employees of the University of Minnesota hospitals, dental school,
and health service whose work is unique to those settings, excluding labor and maintenance
employees as defined in unit 3.
(5) The Nursing Professional Unit deleted text begin consists ofdeleted text end new text begin includesnew text end all positions which are required
to be filled by registered nurses.
(6) The Clerical and Office Unit deleted text begin consists ofdeleted text end new text begin includesnew text end the positions of all employees
whose work is typically clerical or secretarial, including nontechnical data recording and
retrieval and general office work, except as provided in unit 4.
(7) The Technical Unit deleted text begin consists ofdeleted text end new text begin includesnew text end the positions of all employees whose work
is not typically manual and which requires specialized knowledge or skills acquired through
two-year academic programs or equivalent experience or on-the-job training, except as
provided in unit 4.
deleted text begin
(8) The Twin Cities Instructional Unit consists of the positions of all instructional
employees with the rank of professor, associate professor, assistant professor, including
research associate or instructor, including research fellow, located on the Twin Cities
campuses.
deleted text end
deleted text begin (9)deleted text end new text begin (8)new text end The Outstate Instructional Unit deleted text begin consists ofdeleted text end new text begin includesnew text end the positions of all instructional
employees with the rank of professor, associate professor, assistant professor, including
research associate or instructor, including research fellow, located at the Duluth campus,
provided that the positions of instructional employees of the same ranks at the Morris,
Crookston, or deleted text begin Wasecadeleted text end new text begin Rochesternew text end campuses shall be included within this unit if a majority
of the eligible employees voting at a campus so vote during an election conducted by the
commissioner, provided that the election new text begin or majority verification procedure new text end shall not be
held until the Duluth campus has voted in favor of representation. The election shall be held
new text begin or majority verification procedure shall take place new text end when an employee organization or group
of employees petitions the commissioner stating that a majority of the eligible employees
at one of these campuses wishes to join the unit and this petition is supported by a showing
of at least 30 percent support from eligible employees at that campus and is filed between
September 1 and November 1.
deleted text begin
Should both units 8 and 9 elect exclusive bargaining representatives, those representatives
may by mutual agreement jointly negotiate a contract with the regents, or may negotiate
separate contracts with the regents. If the exclusive bargaining representatives jointly
negotiate a contract with the regents, the contract shall be ratified by each unit.
deleted text end
new text begin
For the
purposes of this section, "instructional employees" shall include all individuals who spend
35 percent or more of their work time creating, delivering, and assessing the mastery of
credit-bearing coursework.
new text end
(10) The Graduate Assistant Unit deleted text begin consists ofdeleted text end new text begin includesnew text end the positions of all graduate
assistants who are enrolled in the graduate school and who hold the rank of research assistant,
teaching assistant, teaching associate I or II, project assistant, new text begin graduate school fellow,
graduate school trainee, professional school fellow, professional school trainee, new text end or
administrative fellow I or II.new text begin None of the listed ranks refer to ranks under the job category
of professionals-in-training.
new text end
deleted text begin
(11) The Academic Professional and Administrative Staff Unit consists of all academic
professional and administrative staff positions that are not defined as included in an
instructional unit, the supervisory unit, the clerical unit, or the technical unit.
deleted text end
deleted text begin
(12) The Noninstructional Professional Unit consists of the positions of all employees
meeting the requirements of section 179A.03, subdivision 13, clause (1) or (2), which are
not defined as included within an instructional unit, the Academic Professional and
Administrative Staff Unit, or the supervisory unit.
deleted text end
deleted text begin
(13) The Supervisory Employees Unit consists of the positions of all supervisory
employees.
deleted text end
new text begin
(b) All University of Minnesota employees whose positions are not within an enumerated
bargaining unit in this subdivision may organize in the manner set forth in section 179A.09,
and the commissioner must place special weight on the desires of the petitioning employee
representatives.
new text end
Sec. 3.
Minnesota Statutes 2022, section 179A.11, subdivision 2, is amended to read:
Subd. 2.
University of Minnesota employee severance.
new text begin (a) new text end Each of the following
groups of University of Minnesota employees has the right, as specified in this subdivision,
to separate from the instructional and supervisory units: (1) health sciences instructional
employees at all campuses with the rank of professor, associate professor, assistant professor,
including research associate, or instructor, including research fellow, (2) instructional
employees of the law school with the rank of professor, associate professor, assistant
professor, including research associate, or instructor, including research fellow, (3)
instructional supervisors, (4) noninstructional professional supervisors, and (5) academic
professional and administrative staff supervisors.
deleted text begin Thisdeleted text end new text begin (b) Thenew text end right new text begin to separate new text end may be exercisednew text begin :
new text end
new text begin (1)new text end by petition between September 1 and November 1. If a group separates from its unit,
it has no right to meet and negotiate, but retains the right to meet and confer with the
appropriate officials on any matter of concern to the group. The right to separate must be
exercised as follows: An employee organization or group of employees claiming that a
majority of any one of these groups of employees on a statewide basis wish to separate from
their unit may petition the commissioner for an election during the petitioning period. If the
petition is supported by a showing of at least 30 percent support from the employees, the
commissioner deleted text begin shalldeleted text end new text begin maynew text end hold an election on the separation issuenew text begin or the petitioning group
may proceed under the process set forth in section 179A.12new text end . This election must be conducted
within 30 days of the close of the petition period. If a majority of votes cast endorse severance
from their unit, the commissioner shall certify that resultdeleted text begin .deleted text end new text begin ; or
new text end
new text begin
(2) by the group's exclusion from a proposed unit in a representation petition.
new text end
new text begin (c) new text end Where not inconsistent with other provisions of this section, the election is governed
by section 179A.12. If a group of employees severs, it may rejoin that unit by following the
procedures for severance during the periods for severance.
Sec. 4.
Minnesota Statutes 2022, section 179A.11, is amended by adding a subdivision to
read:
new text begin Subd. 3. new text end
new text begin Joint bargaining. new text end
new text begin
Units organized under this section that have elected exclusive
bargaining representatives may by mutual agreement jointly negotiate a contract with the
regents, or may negotiate separate contracts with the regents. If the exclusive bargaining
representatives jointly negotiate a contract with the regents, the contract must be ratified
by each unit.
new text end
ARTICLE 9
MISCELLANEOUS LABOR PROVISIONS
Section 1.
Minnesota Statutes 2023 Supplement, section 116J.871, subdivision 1, as
amended by Laws 2024, chapter 85, section 15, is amended to read:
Subdivision 1.
Definitions.
(a) For the purposes of this section, the following terms have
the meanings given them.
(b) "Economic development" means financial assistance provided to a person directly
or to a local unit of government or nonprofit organization on behalf of a person who is
engaged in the manufacture or sale of goods and services. Economic development does not
include (1) financial assistance for rehabilitation of existing housing; (2) financial assistance
for new housing construction in which total financial assistance at a single project site is
less than $100,000; or (3) financial assistance for the new construction of fully detached
single-family affordable homeownership units for which the financial assistance covers no
more than ten fully detached single-family affordable homeownership units. For purposes
of this paragraph, "affordable homeownership" means housing targeted at households with
incomes, at initial occupancy, at or below 115 percent of the state or area median income,
whichever is greater, as determined by the United States Department of Housing and Urban
Development.
(c) "Financial assistance" means (1) a grant awarded by a state agency for economic
development related purposes if a single business receives $200,000 or more of the grant
proceeds; (2) a loan or the guaranty or purchase of a loan made by a state agency for
economic development related purposes if a single business receives $500,000 or more of
the loan proceeds; deleted text begin ordeleted text end (3) a reduction, credit, or abatement of a tax assessed under chapter
297A where the tax reduction, credit, or abatement applies to a geographic area smaller
than the entire state and was granted for economic development related purposesnew text begin ; (4) tax
increment financing pursuant to section 469.174, provided that such tax increment financing
(i) provides financial assistance to a development that consists, in part or in whole, of 25
units or more of multifamily housing, or (ii) provides $100,000 or more of financial assistance
to a development; or (5) allocations of low-income housing credits by all suballocators as
defined under section 462A.222, for which tax credits are used for multifamily housing
projects consisting of more than ten unitsnew text end . Financial assistance does not include payments
by the state of aids and credits under chapter 273 or 477A to a political subdivision.
(d) "Project site" means the location where improvements are made that are financed in
whole or in part by the financial assistance; or the location of employees that receive financial
assistance in the form of employment and training services as defined in section 116L.19,
subdivision 4, or customized training from a technical college.
(e) "State agency" means any agency defined under section 16B.01, subdivision 2,
Enterprise Minnesota, Inc., and the Department of Iron Range Resources and Rehabilitation.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for financial assistance provided after
August 1, 2024, and applies only to tax increment financing districts for which the request
for certification was made on or after August 1, 2024.
new text end
Sec. 2.
Minnesota Statutes 2023 Supplement, section 177.42, subdivision 2, is amended
to read:
Subd. 2.
Project.
"Project" means demolition, erection, construction,new text begin alteration,
improvement, restoration,new text end remodeling, or repairing of a public building,new text begin structure,new text end facility,
new text begin land, new text end or other public worknew text begin , which includes any work suitable for and intended for use by
the public, or for the public benefit,new text end financed in whole or part by state funds. Project also
includes demolition, erection, construction, new text begin alteration, improvement, restoration, new text end remodeling,
or repairing of a building,new text begin structure,new text end facility,new text begin land,new text end or public work whennew text begin :
new text end
new text begin (1) new text end the acquisition of property, predesign, design, or demolition is financed in whole or
part by state fundsdeleted text begin .deleted text end new text begin ; or
new text end
new text begin
(2) the project is owned by a city, county, or school district and the materials and supplies
used or consumed in and equipment incorporated into the construction, reconstruction,
upgrade, expansion, renovation, or remodeling of the project qualify for an exemption from
sales and use tax under chapter 297A or special law.
new text end
Sec. 3.
Minnesota Statutes 2022, section 181.960, subdivision 3, is amended to read:
Subd. 3.
Employer.
"Employer" means a person who has deleted text begin 20deleted text end new text begin onenew text end or more employees.
Employer does not include a state agency, statewide system, political subdivision, or advisory
board or commission that is subject to chapter 13.
Sec. 4. new text begin RULEMAKING; ACCEPTABLE BLOOD LEAD LEVELS FOR WORKERS.
new text end
new text begin
The commissioner of labor and industry, in consultation with the commissioner of health,
shall adopt rules to:
new text end
new text begin
(1) lower the acceptable blood lead levels above which require mandatory removal of
workers from the lead exposure; and
new text end
new text begin
(2) lower the blood lead levels required before a worker is allowed to return to work.
The thresholds established must be based on the most recent public health information on
the safety of lead exposure.
new text end
ARTICLE 10
BROADBAND AND PIPELINE SAFETY
Section 1.
Minnesota Statutes 2022, section 116J.395, subdivision 6, is amended to read:
Subd. 6.
Awarding grants.
(a) In evaluating applications and awarding grants, the
commissioner shall give priority to applications that are constructed in areas identified by
the director of the Office of Broadband Development as unserved.
(b) In evaluating applications and awarding grants, the commissioner may give priority
to applications that:
(1) are constructed in areas identified by the director of the Office of Broadband
Development as underserved;
(2) offer new or substantially upgraded broadband service to important community
institutions including, but not limited to, libraries, educational institutions, public safety
facilities, and healthcare facilities;
(3) facilitate the use of telehealth and electronic health records;
(4) serve economically distressed areas of the state, as measured by indices of
unemployment, poverty, or population loss that are significantly greater than the statewide
average;
(5) provide technical support and train residents, businesses, and institutions in the
community served by the project to utilize broadband service;
(6) include a component to actively promote the adoption of the newly available
broadband services in the community;
(7) provide evidence of strong support for the project from citizens, government,
businesses, and institutions in the community;
(8) provide access to broadband service to a greater number of unserved or underserved
households and businesses; or
(9) leverage greater amounts of funding for the project from other private and public
sources.
(c) The commissioner shall endeavor to award grants under this section to qualified
applicants in all regions of the state.
new text begin
(d) No less than the following percentages of the total border-to-border broadband grant
funds awarded in the year indicated shall be reserved for applicants that agree to implement
the workforce best practices as defined in paragraph (e):
new text end
new text begin
(1) 50 percent in 2024;
new text end
new text begin
(2) 60 percent in 2025; and
new text end
new text begin
(3) 70 percent in 2026 and thereafter.
new text end
new text begin
The applicant's agreement to implement the workforce best practices as defined in paragraph
(e) must be an express condition of providing the grant in the grant agreement.
new text end
new text begin
(e) An applicant for a grant under this section is considered to implement workforce
best practices only if the applicant can demonstrate that:
new text end
new text begin
(1) there is credible evidence of support for the application and the applicant's workforce
needs on the project for which the grant is provided from one or more labor,
labor-management, or other workforce organizations that have a track record of representing
and advocating for workers or recruiting, training, and securing employment for people of
color, Indigenous people, women, or people with disabilities in the construction industry;
and
new text end
new text begin
(2) all laborers and mechanics performing construction, installation, remodeling, or
repairs on the project sites for which the grant is provided:
new text end
new text begin
(i) are paid the prevailing wage rate as defined in section 177.42, subdivision 6, and the
applicant and all of its construction contractors and subcontractors agree that the payment
of prevailing wage to such laborers and mechanics is subject to the requirements and
enforcement provisions under sections 177.27, 177.30, 177.32, 177.41 to 177.435, and
177.45, which the commissioner of labor and industry shall have the authority to enforce;
or
new text end
new text begin
(ii) receive from their employer:
new text end
new text begin
(A) at least 80 hours of skills training annually, of which at least 40 hours must consist
of hands-on instruction;
new text end
new text begin
(B) employer-paid family health insurance coverage; and
new text end
new text begin
(C) employer-paid retirement benefit payments equal to no less than 15 percent of the
employee's total taxable wages.
new text end
new text begin
(f) In the event that the commissioner does not receive enough qualified applications to
achieve the standards under paragraph (d), the commissioner shall consult with prospective
applicants and labor and workforce organizations under paragraph (e), clause (1), to solicit
additional qualified applications.
new text end
Sec. 2.
new text begin
[116J.3991] BROADBAND, EQUITY, ACCESS, AND DEPLOYMENT
(BEAD).
new text end
new text begin Subdivision 1. new text end
new text begin Implementation. new text end
new text begin
The commissioner shall implement a Broadband,
Equity, Access, and Deployment (BEAD) Program that prioritizes applicants for state
funding that demonstrate the following:
new text end
new text begin
(1) commitment by the applicant to robust training programs with established
requirements that are tied to uniform wage scales, job titles, and relevant certifications or
skill codes;
new text end
new text begin
(2) use of a directly employed workforce, as opposed to a subcontracted workforce, to
perform broadband placing, splicing, and maintenance work. Public entity applicants may
meet this requirement by use of a directly employed workforce or committing to contract
with an Internet service provider that will use a directly employed workforce;
new text end
new text begin
(3) commitment to implement workforce best practices under section 116J.395,
subdivision 6, paragraph (e), on the project or projects for which the applicant seeks public
funding; and
new text end
new text begin
(4) commitment to retaining a locally based workforce and establishing programs to
promote training and hiring pipelines for underrepresented communities.
new text end
new text begin Subd. 2. new text end
new text begin Project evaluation. new text end
new text begin
In projects funded by the BEAD Program, the criteria
under subdivision 1 and section 116J.395, subdivision 6, paragraph (e), shall receive a
priority point allocation in the point scheme for project applications, such that these criteria
shall, together with points awarded for labor law compliance, constitute no fewer than 25
points of the evaluation scheme, out of 100. No fewer than 20 points must be based on an
applicant's forward-looking commitments regarding implementation of workforce best
practices and other commitments listed in this section.
new text end
new text begin Subd. 3. new text end
new text begin Disclosures. new text end
new text begin
Applicants' disclosures responding to the criteria in subdivision
1 and section 116J.395, subdivision 6, paragraph (e), must be publicly available on the
department website, and all workforce commitments made under this section and section
116J.395 shall become enforceable, certified commitments and conditions of the grant.
new text end
new text begin Subd. 4. new text end
new text begin Workforce plan data. new text end
new text begin
(a) Grantees in projects funded by the program under
this section and section 116J.395 are required to provide in biannual reports information
on their workforce, including:
new text end
new text begin
(1) whether the workforce will be directly employed by the grantee or the Internet service
provider or whether work will be performed by a subcontracted workforce;
new text end
new text begin
(2) the entities that the contractor plans to subcontract with in carrying out the proposed
work, if any, and the entity employing the workforce in each job title;
new text end
new text begin
(3) the job titles and size of the workforce, including the number of full-time equivalent
positions that are required to carry out the proposed work over the course of the project;
new text end
new text begin
(4) for each job title required to carry out the proposed work, a description of wages,
benefits, applicable wage scales including overtime rates, and a description of how wages
are calculated; and
new text end
new text begin
(5) any other workforce plan information as determined by the commissioner.
new text end
new text begin
(b) Following an award, the workforce plan and the requirement to submit ongoing
workforce reports shall be incorporated as material conditions of the contract with the
department and become enforceable, certified commitments. The commissioner must conduct
regular reviews to assure compliance and take appropriate measures for enforcement.
new text end
new text begin Subd. 5. new text end
new text begin Failure to meet requirements or falsification of data. new text end
new text begin
If successful applicants
fail to meet the program requirements under this section, or otherwise falsify information
regarding such requirements, the commissioner shall investigate the failure and issue an
appropriate action, up to and including a determination that the applicant is ineligible for
future participation in broadband grant programs funded by the department.
new text end
new text begin Subd. 6. new text end
new text begin Federal grant requirements. new text end
new text begin
The commissioner shall have authority not to
enforce or apply any requirement of this section to the extent that the requirement would
prevent the state from receiving federal broadband grant funding.
new text end
Sec. 3.
new text begin
[181.912] UNDERGROUND TELECOMMUNICATIONS
INFRASTRUCTURE.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
For the purposes of this section:
new text end
new text begin
(1) "directional drilling" means a drilling method that utilizes a steerable drill bit to cut
a bore hole for installing underground utilities;
new text end
new text begin
(2) "safety-qualified underground telecommunications installer" means a person who
has completed underground utilities installation certification under subdivision 3;
new text end
new text begin
(3) "underground telecommunications utilities" means buried broadband, telephone and
other telecommunications transmission, distribution and service lines, and associated
facilities; and
new text end
new text begin
(4) "underground utilities" means buried electric transmission and distribution lines, gas
and hazardous liquids pipelines and distribution lines, sewer and water pipelines, telephone
or telecommunications lines, and associated facilities.
new text end
new text begin Subd. 2. new text end
new text begin Installation requirements. new text end
new text begin
The installation of underground telecommunications
infrastructure that is located within ten feet of existing underground utilities or that crosses
said utilities must be performed by safety-qualified underground telecommunications
installers as follows:
new text end
new text begin
(1) the location of existing utilities by hand or hydro excavation or other accepted methods
must be performed by a safety-qualified underground telecommunications installer;
new text end
new text begin
(2) where telecommunications infrastructure is installed by means of directional drilling,
the monitoring of the location and depth of the drill head must be performed by a
safety-qualified underground telecommunications installer; and
new text end
new text begin
(3) no less than two safety-qualified underground telecommunications installers must
be present at all times at any location where telecommunications infrastructure is being
installed by means of directional drilling.
new text end
new text begin Subd. 3. new text end
new text begin Certification Standards. new text end
new text begin
(a) The commissioner of labor and industry shall
approve standards for a safety-qualified underground telecommunications installer
certification program that requires a person to:
new text end
new text begin
(1) complete a 40-hour initial course that includes classroom and hands-on instruction
covering proper work procedures for safe installation of underground utilities, including:
new text end
new text begin
(i) regulations applicable to excavation near existing utilities;
new text end
new text begin
(ii) identification, location, and verification of utility lines using hand or hydro excavation
or other accepted methods;
new text end
new text begin
(iii) response to line strike incidents;
new text end
new text begin
(iv) traffic control procedures;
new text end
new text begin
(v) use of a tracking device to safely guide directional drill equipment along a drill path;
and
new text end
new text begin
(vi) avoidance and mitigation of safety hazards posed by underground utility installation
projects;
new text end
new text begin
(2) demonstrate knowledge of the course material by successfully completing an
examination approved by the commissioner; and
new text end
new text begin
(3) complete a four-hour refresher course within three years of completing the original
course and every three years thereafter in order to maintain certification.
new text end
new text begin
(b) The commissioner must develop an approval process for training providers under
this subdivision, and may suspend or revoke the approval of any training provider that fails
to demonstrate consistent delivery of approved curriculum or success in preparing participants
to complete the examination.
new text end
Sec. 4.
Minnesota Statutes 2022, section 216B.17, is amended by adding a subdivision to
read:
new text begin Subd. 9. new text end
new text begin Telecommunications and cable communications systems. new text end
new text begin
(a) The commission
has authority under this section to investigate, upon complaint or on its own motion, conduct
by or on behalf of a telecommunications carrier, telephone company, or cable
communications system provider that impacts public utility or cooperative electric association
infrastructure. If the commission finds that the conduct damaged or unreasonably interfered
with the function of the infrastructure, the commission may take any action authorized under
sections 216B.52 to 216B.61 with respect to the provider.
new text end
new text begin
(b) For purposes of this subdivision:
new text end
new text begin
(1) "telecommunications carrier" has the meaning given in section 237.01, subdivision
6;
new text end
new text begin
(2) "telephone company" has the meaning given in section 237.01, subdivision 7; and
new text end
new text begin
(3) "cable communications system provider" means an owner or operator of a cable
communications system as defined in section 238.02, subdivision 3.
new text end
Sec. 5.
Minnesota Statutes 2022, section 299J.01, is amended to read:
299J.01 AUTHORITY OF OFFICE OF PIPELINE SAFETY.
The commissioner of public safety shall, to the extent authorized by agreement with the
United States Secretary of Transportation, act as agent for the United States Secretary of
Transportation to implement the federal Hazardous Liquid Pipeline Safety deleted text begin Act, United
States Code, title 49, sections 2001 to 2014, the federaldeleted text end new text begin andnew text end Natural Gas Pipeline Safety
deleted text begin Actdeleted text end new text begin actsnew text end , United States Code, title 49, sections deleted text begin 1671 to 1686deleted text end new text begin 60101 to 60141new text end , and federal
pipeline safety regulations with respect to interstate pipelines located within this state. The
commissioner shall, to the extent authorized by federal law, regulate pipelines in the state
as authorized by sections 299J.01 to 299J.17 and 299F.56 to 299F.641.
Sec. 6.
Minnesota Statutes 2022, section 299J.02, is amended by adding a subdivision to
read:
new text begin Subd. 14. new text end
new text begin Utility corridor. new text end
new text begin
"Utility corridor" means land that contains access to
above-ground utility infrastructure or an underground facility as defined in section 216D.01,
subdivision 11.
new text end
Sec. 7.
Minnesota Statutes 2022, section 299J.04, subdivision 2, is amended to read:
Subd. 2.
Delegated duties.
(a) The commissioner shall seek and accept federal
designation of the office's pipeline inspectors as federal agents for the purposes of
enforcement of the federal Hazardous Liquid Pipeline Safety deleted text begin Act, United States Code, title
49, sections 2001 to 2014, the federaldeleted text end new text begin andnew text end Natural Gas Pipeline Safety deleted text begin Actdeleted text end new text begin actsnew text end , United
States Code, title 49, sections deleted text begin 1671 to 1686deleted text end new text begin 60101 to 60141new text end , and federal rules adopted to
implement those acts. The commissioner shall establish and submit to the United States
Secretary of Transportation an inspection program that complies with requirements for
delegated interstate agent inspection authority.
(b) To the extent that federal delegation of interstate agent inspection authority permits,
the inspection program for interstate pipelines and LNG facilities must be the same as the
inspection program for intrastate pipelines and LNG facilities. If the United States Secretary
of Transportation delegates inspection authority to the state as provided in this subdivision,
the commissioner, at a minimum, shall do the following to carry out the delegated federal
authority:
(1) inspect pipelines and LNG facilities periodically as specified in the inspection
program;
(2) collect inspection fees;
(3) order and oversee the testing of pipelines and LNG facilities as authorized by federal
law and regulations; and
(4) file reports with the United States Secretary of Transportation as required to maintain
the delegated inspection authority.
Sec. 8.
Minnesota Statutes 2022, section 299J.11, is amended to read:
299J.11 ADOPTION OF FEDERAL PIPELINE INSPECTION RULES.
new text begin (a) new text end To enable the state to act as an agent of the United States Secretary of Transportation
and to qualify for annual federal certification to enforce the federal pipeline inspection
program authorized by the Hazardous Liquid Pipeline Safety deleted text begin Act, United States Code, titledeleted text end
deleted text begin 49, sections 2001 to 2014, the federaldeleted text end new text begin andnew text end Natural Gas Pipeline Safety deleted text begin Actdeleted text end new text begin actsnew text end , United
States Code, title 49, sections deleted text begin 1671 to 1686deleted text end new text begin 60101 to 60141new text end , and the rules implementing
those acts, the federal pipeline inspection rules and safety standards, and regulations and
standards that may be adopted that amend them, are adopted.
new text begin
(b) An individual or contractor performing construction or maintenance work within 20
feet of a utility corridor must comply with the operator qualification rules set forth in Code
of Federal Regulations, title 49, parts 192, subpart N, and 195, subpart G.
new text end
new text begin
(c) An individual or contractor performing construction or maintenance work within 20
feet of a utility corridor must comply with the workplace drug and alcohol testing rules set
forth in Code of Federal Regulations, title 49, part 40.
new text end
Sec. 9. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2022, section 116J.398,
new text end
new text begin
is repealed.
new text end
ARTICLE 11
EMPLOYEE MISCLASSIFICATION PROHIBITED
Section 1.
Minnesota Statutes 2023 Supplement, section 177.27, subdivision 1, is amended
to read:
Subdivision 1.
Examination of records.
The commissioner may enter during reasonable
office hours or upon request and inspect the place of business or employment of any employer
of employees working in the state, to examine and inspect books, registers, payrolls, and
other records of any employer that in any way relate to wages, hours, and other conditions
of employment of any employees. The commissioner may transcribe any or all of the books,
registers, payrolls, and other records as the commissioner deems necessary or appropriate
and may question the new text begin employer, new text end employeesnew text begin , and other personsnew text end to ascertain compliance with
new text begin any of the new text end sections deleted text begin 177.21 to 177.435 and 181.165deleted text end new text begin listed in subdivision 4new text end . The commissioner
may investigate wage claims or complaints by an employee against an employer if the failure
to pay a wage may violate Minnesota law or an order or rule of the department.
Sec. 2.
Minnesota Statutes 2023 Supplement, section 177.27, subdivision 2, is amended
to read:
Subd. 2.
Submission of records; penalty.
The commissioner may require the employer
of employees working in the state to submit to the commissioner photocopies, certified
copies, or, if necessary, the originals of deleted text begin employmentdeleted text end records new text begin that relate to employment or
employment status new text end which the commissioner deems necessary or appropriate. The records
which may be required include full and correct statements in writing, including sworn
statements by the employer, containing information relating to wages, hours, names,
addresses, and any other information pertaining to the employer's employees and the
conditions of their employment as the commissioner deems necessary or appropriate.
The commissioner may require the records to be submitted by certified mail delivery
or, if necessary, by personal delivery by the employer or a representative of the employer,
as authorized by the employer in writing.
The commissioner may fine the employer up to $10,000 for each failure to submit or
deliver records as required by this section. This penalty is in addition to any penalties
provided under section 177.32, subdivision 1. In determining the amount of a civil penalty
under this subdivision, the appropriateness of such penalty to the size of the employer's
business and the gravity of the violation shall be considered.
Sec. 3.
Minnesota Statutes 2022, section 177.27, subdivision 3, is amended to read:
Subd. 3.
Adequacy of records.
If the records maintained by the employer do not provide
sufficient information to determine the exact amount of back wages due an employee, the
commissioner may make a determination of wages due based on available evidence deleted text begin and
mediate a settlement with the employerdeleted text end .
Sec. 4.
Minnesota Statutes 2023 Supplement, section 177.27, subdivision 4, is amended
to read:
Subd. 4.
Compliance orders.
The commissioner may issue an order requiring an
employer to comply with sections 177.21 to 177.435, 179.86, 181.02, 181.03, 181.031,
181.032, 181.101, 181.11, 181.13, 181.14, 181.145, 181.15, 181.165, 181.172, paragraph
(a) or (d), 181.214 to 181.217, 181.275, subdivision 2a, 181.635, 181.722, new text begin 181.723, new text end 181.79,
181.85 to 181.89, 181.939 to 181.943, 181.9445 to 181.9448, 181.987, 181.991, 268B.09,
subdivisions 1 to 6, and 268B.14, subdivision 3, with any rule promulgated under section
177.28, 181.213, or 181.215. The commissioner shall issue an order requiring an employer
to comply with sections 177.41 to 177.435, 181.165, or 181.987 if the violation is repeated.
For purposes of this subdivision only, a violation is repeated if at any time during the two
years that preceded the date of violation, the commissioner issued an order to the employer
for violation of sections 177.41 to 177.435, 181.165, or 181.987 and the order is final or
the commissioner and the employer have entered into a settlement agreement that required
the employer to pay back wages that were required by sections 177.41 to 177.435. The
department shall serve the order upon the employer or the employer's authorized
representative in person or by certified mail at the employer's place of business. An employer
who wishes to contest the order must file written notice of objection to the order with the
commissioner within 15 calendar days after being served with the order. A contested case
proceeding must then be held in accordance with sections 14.57 to 14.69 or 181.165. If,
within 15 calendar days after being served with the order, the employer fails to file a written
notice of objection with the commissioner, the order becomes a final order of the
commissioner. For the purposes of this subdivision, an employer includes a contractor that
has assumed a subcontractor's liability within the meaning of section 181.165.
Sec. 5.
Minnesota Statutes 2023 Supplement, section 177.27, subdivision 7, is amended
to read:
Subd. 7.
Employer liability.
If an employer is found by the commissioner to have
violated a section identified in subdivision 4, or any rule adopted under section 177.28,
181.213, or 181.215, and the commissioner issues an order to comply, the commissioner
shall order the employer to cease and desist from engaging in the violative practice and to
take such affirmative steps that in the judgment of the commissioner will effectuate the
purposes of the section or rule violated. new text begin In addition to remedies, damages, and penalties
provided for in the violated section, new text end the commissioner shall order the employer to pay to
the aggrieved parties back pay, gratuities, and compensatory damages, less any amount
actually paid to the deleted text begin employeedeleted text end new text begin aggrieved partiesnew text end by the employer, and for an additional equal
amount as liquidated damages. Any employer who is found by the commissioner to have
repeatedly or willfully violated a section or sections identified in subdivision 4 shall be
subject to deleted text begin adeleted text end new text begin an additionalnew text end civil penalty of up to $10,000 for each violation for each employee.
In determining the amount of a civil penalty under this subdivision, the appropriateness of
such penalty to the size of the employer's business and the gravity of the violation shall be
considered. In addition, the commissioner may order the employer to reimburse the
department and the attorney general for all appropriate litigation and hearing costs expended
in preparation for and in conducting the contested case proceeding, unless payment of costs
would impose extreme financial hardship on the employer. If the employer is able to establish
extreme financial hardship, then the commissioner may order the employer to pay a
percentage of the total costs that will not cause extreme financial hardship. Costs include
but are not limited to the costs of services rendered by the attorney general, private attorneys
if engaged by the department, administrative law judges, court reporters, and expert witnesses
as well as the cost of transcripts. Interest shall accrue on, and be added to, the unpaid balance
of a commissioner's order from the date the order is signed by the commissioner until it is
paid, at an annual rate provided in section 549.09, subdivision 1, paragraph (c). The
commissioner may establish escrow accounts for purposes of distributingnew text begin remedies andnew text end
damages.
Sec. 6.
Minnesota Statutes 2022, section 181.171, subdivision 1, is amended to read:
Subdivision 1.
Civil action; damages.
A person may bring a civil action seeking redress
for violations of sections 181.02, 181.03, 181.031, 181.032, 181.08, 181.09, 181.10, 181.101,
181.11, 181.13, 181.14, 181.145, deleted text begin anddeleted text end 181.15new text begin , 181.722, and 181.723new text end directly to district court.
An employer who is found to have violated the above sections is liable to the aggrieved
party for the civil penalties or damages provided for in the section violated. An employer
who is found to have violated the above sections shall also be liable for compensatory
damages and other appropriate relief including but not limited to injunctive relief.
Sec. 7.
Minnesota Statutes 2022, section 181.722, is amended to read:
181.722 deleted text begin MISREPRESENTATIONdeleted text end new text begin MISCLASSIFICATIONnew text end OF deleted text begin EMPLOYMENT
RELATIONSHIP PROHIBITEDdeleted text end new text begin EMPLOYEESnew text end .
Subdivision 1.
deleted text begin Prohibitiondeleted text end new text begin Prohibited activities related to employment statusnew text end .
deleted text begin
No
employer shall misrepresent the nature of its employment relationship with its employees
to any federal, state, or local government unit; to other employers; or to its employees. An
employer misrepresents the nature of its employment relationship with its employees if it
makes any statement regarding the nature of the relationship that the employer knows or
has reason to know is untrue and if it fails to report individuals as employees when legally
required to do so.
deleted text end
new text begin
(a) A person shall not:
new text end
new text begin
(1) fail to classify, represent, or treat an individual who is the person's employee pursuant
to subdivision 3 as an employee in accordance with the requirements of any applicable local,
state, or federal law. A violation under this clause is in addition to any violation of local,
state, or federal law;
new text end
new text begin
(2) fail to report or disclose to any person or to any local, state, or federal government
agency an individual who is the person's employee pursuant to subdivision 3 as an employee
when required to do so under any applicable local, state, or federal law. Each failure to
report or disclose an individual as an employee shall constitute a separate violation of this
clause; or
new text end
new text begin
(3) require or request an individual who is the person's employee pursuant to subdivision
3 to enter into any agreement or complete any document that misclassifies, misrepresents,
or treats the individual as an independent contractor or otherwise does not reflect that the
individual is the person's employee pursuant to subdivision 3. Each agreement or completed
document constitutes a separate violation of this provision.
new text end
new text begin
(b) An owner, partner, principal, member, officer, or agent, on behalf of the person, who
engaged in any of the prohibited activities in this subdivision may be held individually
liable.
new text end
new text begin
(c) An order issued by the commissioner to a person for engaging in any of the prohibited
activities in this subdivision is in effect against any successor person. A person is a successor
person if the person shares three or more of the following with the person to whom the order
was issued:
new text end
new text begin
(1) has one or more of the same owners, members, principals, officers, or managers;
new text end
new text begin
(2) performs similar work within the state of Minnesota;
new text end
new text begin
(3) has one or more of the same telephone or fax numbers;
new text end
new text begin
(4) has one or more of the same email addresses or websites;
new text end
new text begin
(5) employs or engages substantially the same individuals to provide or perform services;
new text end
new text begin
(6) utilizes substantially the same vehicles, facilities, or equipment; or
new text end
new text begin
(7) lists or advertises substantially the same project experience and portfolio of work.
new text end
new text begin Subd. 1a. new text end
new text begin Definitions. new text end
new text begin
(a) "Person" means any individual, sole proprietor, limited liability
company, limited liability partnership, corporation, partnership, incorporated or
unincorporated association, joint stock company, or any other legal or commercial entity.
new text end
new text begin
(b) "Department" means the Department of Labor and Industry.
new text end
new text begin
(c) "Commissioner" means the commissioner of labor and industry or a duly designated
representative of the commissioner who is either an employee of the Department of Labor
and Industry or a person working under contract with the Department of Labor and Industry.
new text end
new text begin
(d) "Individual" means a human being.
new text end
deleted text begin Subd. 2. deleted text end
deleted text begin Agreements to misclassify prohibited. deleted text end
deleted text begin
No employer shall require or request
any employee to enter into any agreement, or sign any document, that results in
misclassification of the employee as an independent contractor or otherwise does not
accurately reflect the employment relationship with the employer.
deleted text end
Subd. 3.
Determination of employment relationship.
For purposes of this section, the
nature of an employment relationship is determined using the same tests and in the same
manner as employee status is determined under the applicable workers' compensation deleted text begin anddeleted text end new text begin
ornew text end unemployment insurance program laws and rules.
Subd. 4.
deleted text begin Civil remedydeleted text end new text begin Damages and penaltiesnew text end .
deleted text begin
A construction worker, as defined in
section 179.254, who is not an independent contractor and has been injured by a violation
of this section, may bring
deleted text end
deleted text begin
a civil action for damages against the violator. If the construction
worker injured is an employee of the violator of this section, the employee's representative,
as defined in section 179.01, subdivision 5, may bring a civil action for damages against
the violator on behalf of the employee. The court may award attorney fees, costs, and
disbursements to a construction worker recovering under this section.
deleted text end
new text begin
(a) The following damages and penalties may be imposed for a violation of this section:
new text end
new text begin
(1) compensatory damages to the individual the person has failed to classify, represent,
or treat as an employee pursuant to subdivision 3. Compensatory damages includes but is
not limited to the value of supplemental pay including minimum wage; overtime; shift
differentials; vacation pay, sick pay, and other forms of paid time off; health insurance; life
and disability insurance; retirement plans; savings plans and any other form of benefit;
employer contributions to unemployment insurance; Social Security and Medicare; and any
costs and expenses incurred by the individual resulting from the person's failure to classify,
represent, or treat the individual as an employee;
new text end
new text begin
(2) a penalty of up to $10,000 for each individual the person failed to classify, represent,
or treat as an employee pursuant to subdivision 3;
new text end
new text begin
(3) a penalty of up to $10,000 for each violation of subdivision 1; and
new text end
new text begin
(4) a penalty of $1,000 for each person who delays, obstructs, or otherwise fails to
cooperate with the commissioner's investigation. Each day of delay, obstruction, or failure
to cooperate constitutes a separate violation.
new text end
new text begin
(b) This section may be investigated and enforced under the commissioner's authority
under state law.
new text end
Subd. 5.
Reporting of violations.
Any court finding that a violation of this section has
occurred shall transmit a copy of its findings of fact and conclusions of law to the
commissioner of labor and industry. The commissioner of labor and industry shall report
the finding to relevant new text begin local, new text end statenew text begin ,new text end and federal agencies, including the commissioner of
commerce, the commissioner of employment and economic development, the commissioner
of revenue, the federal Internal Revenue Service, and the United States Department of Labor.
Sec. 8.
Minnesota Statutes 2022, section 181.723, is amended to read:
181.723 new text begin MISCLASSIFICATION OF new text end CONSTRUCTION deleted text begin CONTRACTORSdeleted text end new text begin
EMPLOYEESnew text end .
Subdivision 1.
Definitions.
The definitions in this subdivision apply to this section.
(a) "Person" means any individual, new text begin sole proprietor, new text end limited liability company, limited
liability partnership, corporation, partnership, incorporated or unincorporated association,
deleted text begin sole proprietorship,deleted text end joint stock company, or any other legal or commercial entity.
(b) "Department" means the Department of Labor and Industry.
(c) "Commissioner" means the commissioner of labor and industry or a duly designated
representative of the commissioner who is either an employee of the Department of Labor
and Industry or person working under contract with the Department of Labor and Industry.
(d) "Individual" means a human being.
(e) "Day" means calendar day unless otherwise provided.
(f) "Knowingly" means knew or could have known with the exercise of reasonable
diligence.
(g) "Business entity" means a person deleted text begin other than an individual or a sole proprietordeleted text end new text begin as that
term is defined in paragraph (a), except the term does not include an individualnew text end .
new text begin
(h) "Independent contractor" means a business entity that meets all the requirements
under subdivision 4, paragraph (a).
new text end
Subd. 2.
Limited application.
This section only applies to deleted text begin individualsdeleted text end new text begin persons providing
ornew text end performing deleted text begin public or private sector commercial or residentialdeleted text end building construction or
improvement services. Building construction deleted text begin anddeleted text end new text begin or new text end improvement services deleted text begin do notdeleted text end includenew text begin
all public or private sector commercial or residential building construction or improvement
services except for:new text end (1) the manufacture, supply, or sale of products, materials, or
merchandise; (2) landscaping services for the maintenance or removal of existing plants,
shrubs, trees, and other vegetation, whether or not the services are provided as part of a
contract for the building construction or improvement services; and (3) all other landscaping
services, unless the other landscaping services are provided as part of a contract for the
building construction or improvement services.
Subd. 3.
Employee-employer relationship.
Except as provided in subdivision 4, for
purposes of chapters 176, 177, new text begin 181, new text end 181A, 182, deleted text begin anddeleted text end 268, deleted text begin as of January 1, 2009deleted text end new text begin and 326Bnew text end ,
an individual who new text begin provides or new text end performs new text begin building construction or improvement new text end services for
a person that are in the course of the person's trade, business, profession, or occupation is
an employee of that person and that person is an employer of the individual.
Subd. 4.
Independent contractor.
(a) An individual is an independent contractor and
not an employee of the person for whom the individual is new text begin providing or new text end performing services
in the course of the person's trade, business, profession, or occupation only if the individualnew text begin
is operating as a business entity that meets all of the following requirements at the time the
services were provided or performednew text end :
deleted text begin
(1) maintains a separate business with the individual's own office, equipment, materials,
and other facilities;
deleted text end
deleted text begin
(2)(i) holds or has applied for a federal employer identification number or (ii) has filed
business or self-employment income tax returns with the federal Internal Revenue Service
if the individual has performed services in the previous year;
deleted text end
deleted text begin
(3) is operating under contract to perform the specific services for the person for specific
amounts of money and under which the individual controls the means of performing the
services;
deleted text end
deleted text begin
(4) is incurring the main expenses related to the services that the individual is performing
for the person under the contract;
deleted text end
deleted text begin
(5) is responsible for the satisfactory completion of the services that the individual has
contracted to perform for the person and is liable for a failure to complete the services;
deleted text end
deleted text begin
(6) receives compensation from the person for the services performed under the contract
on a commission or per-job or competitive bid basis and not on any other basis;
deleted text end
deleted text begin
(7) may realize a profit or suffer a loss under the contract to perform services for the
person;
deleted text end
deleted text begin
(8) has continuing or recurring business liabilities or obligations; and
deleted text end
deleted text begin
(9) the success or failure of the individual's business depends on the relationship of
business receipts to expenditures.
deleted text end
deleted text begin
An individual who is not registered, if required by section 326B.701, is presumed to be
an employee of a person for whom the individual performs services in the course of the
person's trade, business, profession, or occupation. The person for whom the services were
performed may rebut this presumption by showing that the unregistered individual met all
nine factors in this paragraph at the time the services were performed.
deleted text end
deleted text begin
(b) If an individual is an owner or partial owner of a business entity, the individual is
an employee of the person for whom the individual is performing services in the course of
the person's trade, business, profession, or occupation, and is not an employee of the business
entity in which the individual has an ownership interest, unless:
deleted text end
deleted text begin
(1) the business entity meets the nine factors in paragraph (a);
deleted text end
deleted text begin
(2) invoices and payments are in the name of the business entity; and
deleted text end
deleted text begin
(3) the business entity is registered with the secretary of state, if required.
deleted text end
deleted text begin
If the business entity in which the individual has an ownership interest is not registered,
if required by section 326B.701, the individual is presumed to be an employee of a person
for whom the individual performs services and not an employee of the business entity in
which the individual has an ownership interest. The person for whom the services were
performed may rebut the presumption by showing that the business entity met the
requirements of clauses (1) to (3) at the time the services were performed.
deleted text end
new text begin
(1) was established and maintained separately from and independently of the person for
whom the services were provided or performed;
new text end
new text begin
(2) owns, rents, or leases equipment, tools, vehicles, materials, supplies, office space,
or other facilities that are used by the business entity to provide or perform building
construction or improvement services;
new text end
new text begin
(3) provides or performs, or offers to provide or perform, the same or similar building
construction or improvement services for multiple persons or the general public;
new text end
new text begin
(4) is in compliance with all of the following:
new text end
new text begin
(i) holds a federal employer identification number if required by federal law;
new text end
new text begin
(ii) holds a Minnesota tax identification number if required by Minnesota law;
new text end
new text begin
(iii) has received and retained 1099 forms for income received for building construction
or improvement services provided or performed, if required by Minnesota or federal law;
new text end
new text begin
(iv) has filed business or self-employment income tax returns, including estimated tax
filings, with the federal Internal Revenue Service and the Department of Revenue, as the
business entity or as a self-employed individual reporting income earned, for providing or
performing building construction or improvement services, if any, in the previous 12 months;
and
new text end
new text begin
(v) has completed and provided a W-9 federal income tax form to the person for whom
the services were provided or performed if required by federal law;
new text end
new text begin
(5) is in good standing as defined by section 5.26 and, if applicable, has a current
certificate of good standing issued by the secretary of state pursuant to section 5.12;
new text end
new text begin
(6) has a Minnesota unemployment insurance account if required by chapter 268;
new text end
new text begin
(7) has obtained required workers' compensation insurance coverage if required by
chapter 176;
new text end
new text begin
(8) holds current business licenses, registrations, and certifications if required by chapter
326B and sections 327.31 to 327.36;
new text end
new text begin
(9) is operating under a written contract to provide or perform the specific services for
the person that:
new text end
new text begin
(i) is signed and dated by both an authorized representative of the business entity and
of the person for whom the services are being provided or performed;
new text end
new text begin
(ii) is fully executed no later than 30 days after the date work commences;
new text end
new text begin
(iii) identifies the specific services to be provided or performed under the contract;
new text end
new text begin
(iv) provides for compensation from the person for the services provided or performed
under the contract on a commission or per-job or competitive bid basis and not on any other
basis; and
new text end
new text begin
(v) the requirements of item (ii) shall not apply to change orders;
new text end
new text begin
(10) submits invoices and receives payments for completion of the specific services
provided or performed under the written proposal, contract, or change order in the name of
the business entity. Payments made in cash do not meet this requirement;
new text end
new text begin
(11) the terms of the written proposal, contract, or change order provide the business
entity control over the means of providing or performing the specific services, and the
business entity in fact controls the provision or performance of the specific services;
new text end
new text begin
(12) incurs the main expenses and costs related to providing or performing the specific
services under the written proposal, contract, or change order;
new text end
new text begin
(13) is responsible for the completion of the specific services to be provided or performed
under the written proposal, contract, or change order and is responsible, as provided under
the written proposal, contract, or change order, for failure to complete the specific services;
and
new text end
new text begin
(14) may realize additional profit or suffer a loss, if costs and expenses to provide or
perform the specific services under the written proposal, contract, or change order are less
than or greater than the compensation provided under the written proposal, contract, or
change order.
new text end
new text begin
(b)(1) Any individual providing or performing the services as or for a business entity is
an employee of the person who engaged the business entity and is not an employee of the
business entity, unless the business entity meets all of the requirements under subdivision
4, paragraph (a).
new text end
new text begin
(2) Any individual who is determined to be the person's employee is acting as an agent
of and in the interest of the person when engaging any other individual or business entity
to provide or perform any portion of the services that the business entity was engaged by
the person to provide or perform.
new text end
new text begin
(3) Any individual engaged by an employee of the person, at any tier under the person,
is also the person's employee, unless the individual is providing or performing the services
as or for a business entity that meets the requirements of subdivision 4, paragraph (a).
new text end
new text begin
(4) Clauses (1) to (3) do not create an employee-employer relationship between a person
and an employee at any tier under the person if there is an intervening business entity in the
contractual chain that meets the requirements of subdivision 4, paragraph (a).
new text end
Subd. 7.
Prohibited activities related to independent contractor status.
(a) The
prohibited activities in deleted text begin this subdivisiondeleted text end new text begin paragraphs (b) and (c)new text end are in addition to deleted text begin thosedeleted text end new text begin the
activitiesnew text end prohibited in sections 326B.081 to 326B.085.
(b) An individual new text begin providing or performing building construction or improvement services
new text end shall not deleted text begin hold himself or herself outdeleted text end new text begin represent themselvesnew text end as an independent contractor
unless the individual new text begin is operating as a business entity that new text end meetsnew text begin allnew text end the requirements of
subdivision 4new text begin , paragraph (a)new text end .
(c) A person who provides new text begin or performs building new text end constructionnew text begin or improvementnew text end services
in the course of the person's trade, business, occupation, or profession shall not:
(1) new text begin as a condition of payment for services provided or performed, new text end require an individual
deleted text begin through coercion, misrepresentation, or fraudulent meansdeleted text end new text begin , who is an employee pursuant to
this section, to register as a construction contractor under section 326B.701, ornew text end to adopt new text begin or
agree to being classified, represented, or treated as an new text end independent contractor deleted text begin statusdeleted text end or form
a business entitynew text begin . Each instance of conditioning payment to an individual who is an employee
on one of these conditions shall constitute a separate violation of this provisionnew text end ;
(2) deleted text begin knowingly misrepresent or misclassify an individual as an independent contractor.deleted text end new text begin
fail to classify, represent, or treat an individual who is an employee pursuant to this section
as an employee in accordance with the requirements of any of the chapters listed in
subdivision 3. Failure to classify, represent, or treat an individual who is an employee
pursuant to this section as an employee in accordance with each requirement of a chapter
listed in subdivision 3 shall constitute a separate violation of this provision;
new text end
new text begin
(3) fail to report or disclose to any person or to any local, state, or federal government
agency an individual who is an employee pursuant to subdivision 3, as an employee when
required to do so under any applicable local, state, or federal law. Each failure to report or
disclose an individual as an employee shall constitute a separate violation of this provision;
new text end
new text begin
(4) require or request an individual who is an employee pursuant to this section to enter
into any agreement or complete any document that misclassifies, misrepresents, or treats
the individual as an independent contractor or otherwise does not reflect that the individual
is an employee pursuant to this section. Each agreement or completed document shall
constitute a separate violation of this provision; or
new text end
new text begin
(5) require an individual who is an employee under this section to register under section
326B.701.
new text end
new text begin
(d) In addition to the person providing or performing building construction or
improvement services in the course of the person's trade, business, occupation, or profession,
any owner, partner, principal, member, officer, or agent who engaged in any of the prohibited
activities in this subdivision may be held individually liable.
new text end
new text begin
(e) An order issued by the commissioner to a person for engaging in any of the prohibited
activities in this subdivision is in effect against any successor person. A person is a successor
person if the person shares three or more of the following with the person to whom the order
was issued:
new text end
new text begin
(1) has one or more of the same owners, members, principals, officers, or managers;
new text end
new text begin
(2) performs similar work within the state of Minnesota;
new text end
new text begin
(3) has one or more of the same telephone or fax numbers;
new text end
new text begin
(4) has one or more of the same email addresses or websites;
new text end
new text begin
(5) employs or engages substantially the same individuals to provide or perform building
construction or improvement services;
new text end
new text begin
(6) utilizes substantially the same vehicles, facilities, or equipment; or
new text end
new text begin
(7) lists or advertises substantially the same project experience and portfolio of work.
new text end
new text begin
(f) If a person who has engaged an individual to provide or perform building construction
or improvement services that are in the course of the person's trade, business, profession,
or occupation, classifies, represents, treats, reports, or discloses the individual as an
independent contractor, the person shall maintain, for at least three years, and in a manner
that may be readily produced to the commissioner upon demand, all the information and
documentation upon which the person based the determination that the individual met all
the requirements under subdivision 4, paragraph (a), at the time the individual was engaged
and at the time the services were provided or performed.
new text end
new text begin
(g) The following damages and penalties may be imposed for a violation of this section:
new text end
new text begin
(1) compensatory damages to the individual the person failed to classify, represent, or
treat as an employee pursuant to this section. Compensatory damages include but are not
limited to the value of supplemental pay including minimum wage; overtime; shift
differentials; vacation pay; sick pay; and other forms of paid time off; health insurance; life
and disability insurance; retirement plans; saving plans and any other form of benefit;
employer contributions to unemployment insurance; Social Security and Medicare and any
costs and expenses incurred by the individual resulting from the person's failure to classify,
represent, or treat the individual as an employee;
new text end
new text begin
(2) a penalty of up to $10,000 for each individual the person failed to classify, represent,
or treat as an employee pursuant to this section;
new text end
new text begin
(3) a penalty of up to $10,000 for each violation of this subdivision; and
new text end
new text begin
(4) a penalty of $1,000 for any person who delays, obstructs, or otherwise fails to
cooperate with the commissioner's investigation. Each day of delay, obstruction, or failure
to cooperate constitutes a separate violation.
new text end
new text begin
(h) This section may be investigated and enforced under the commissioner's authority
under state law.
new text end
Subd. 13.
Rulemaking.
The commissioner may, in consultation with the commissioner
of revenue and the commissioner of employment and economic development, adopt, amend,
suspend, and repeal rules under the rulemaking provisions of chapter 14 that relate to the
commissioner's responsibilities under this section. deleted text begin This subdivision is effective May 26,
2007.
deleted text end
Subd. 15.
Notice and review by commissioners of revenue and employment and
economic development.
When the commissioner has reason to believe that a person has
violated subdivision 7, deleted text begin paragraph (b); or (c), clause (1) or (2),deleted text end the commissioner must notify
the commissioner of revenue and the commissioner of employment and economic
development. Upon receipt of notification from the commissioner, the commissioner of
revenue must review the information returns required under section 6041A of the Internal
Revenue Code. The commissioner of revenue shall also review the submitted certification
that is applicable to returns audited or investigated under section 289A.35.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2024, except that the
amendments to subdivision 4 are effective for contracts entered into on or after that date
and for all building construction or improvement services provided or performed on or after
January 1, 2025.
new text end
Sec. 9.
new text begin
[181.724] INTERGOVERNMENTAL MISCLASSIFICATION
ENFORCEMENT AND EDUCATION PARTNERSHIP ACT.
new text end
new text begin Subdivision 1. new text end
new text begin Citation. new text end
new text begin
This section and section 181.725 may be cited as the
"Intergovernmental Misclassification Enforcement and Education Partnership Act."
new text end
new text begin Subd. 2. new text end
new text begin Policy and statement of purpose. new text end
new text begin
It is the policy of the state of Minnesota to
prevent employers from misclassifying workers, because employee misclassification allows
an employer to illegally evade obligations under state labor, employment, and tax laws,
including but not limited to the laws governing minimum wage, overtime, unemployment
insurance, paid family medical leave, earned sick and safe time, workers' compensation
insurance, temporary disability insurance, the payment of wages, and payroll taxes.
new text end
new text begin Subd. 3. new text end
new text begin Definitions. new text end
new text begin
(a) For the purposes of this section and section 181.725, the
following terms have the meanings given, unless the language or context clearly indicates
that a different meaning is intended.
new text end
new text begin
(b) "Partnership entity" means one of the following governmental entities with jurisdiction
over employee misclassification in Minnesota:
new text end
new text begin
(1) the Department of Labor and Industry;
new text end
new text begin
(2) the Department of Revenue;
new text end
new text begin
(3) the Department of Employment and Economic Development;
new text end
new text begin
(4) the Department of Commerce; and
new text end
new text begin
(5) the attorney general in the attorney general's enforcement capacity under sections
177.45 and 181.1721.
new text end
new text begin
(c) "Employee misclassification" means the practice by an employer of not properly
classifying workers as employees.
new text end
new text begin Subd. 4. new text end
new text begin Coordination, collaboration, and information sharing. new text end
new text begin
For purposes of this
section, a partnership entity:
new text end
new text begin
(1) shall communicate with other entities to help detect and investigate instances of
employee misclassification;
new text end
new text begin
(2) may request from, provide to, or receive from the other partnership entities data
necessary for the purpose of detecting and investigating employee misclassification, unless
prohibited by federal law; and
new text end
new text begin
(3) may collaborate with one another when investigating employee misclassification,
unless prohibited by federal law. Collaboration includes but is not limited to referrals,
strategic enforcement, and joint investigations by two or more partnership entities.
new text end
Sec. 10.
new text begin
[181.725] INTERGOVERNMENTAL MISCLASSIFICATION
ENFORCEMENT AND EDUCATION PARTNERSHIP.
new text end
new text begin Subdivision 1. new text end
new text begin Composition. new text end
new text begin
The Intergovernmental Misclassification Enforcement and
Education Partnership is composed of the following members or their designees, who shall
serve on behalf of their respective partnership entities:
new text end
new text begin
(1) the commissioner of labor and industry;
new text end
new text begin
(2) the commissioner of revenue;
new text end
new text begin
(3) the commissioner of employment and economic development;
new text end
new text begin
(4) the commissioner of commerce; and
new text end
new text begin
(5) the attorney general.
new text end
new text begin Subd. 2. new text end
new text begin Meetings. new text end
new text begin
The commissioner of labor and industry, in consultation with other
members of the partnership, shall convene and lead meetings of the partnership to discuss
issues related to the investigation of employee misclassification and public outreach.
Members of the partnership may select a designee to attend any such meeting. Meetings
must occur at least quarterly.
new text end
new text begin Subd. 2a. new text end
new text begin Additional meetings. new text end
new text begin
(a) In addition to regular quarterly meetings under
subdivision 2, the commissioner of labor and industry, in consultation with members of the
partnership, may convene and lead additional meetings for the purpose of discussing and
making recommendations under subdivision 4a.
new text end
new text begin
(b) This subdivision expires July 31, 2025, unless a different expiration date is specified
in law.
new text end
new text begin Subd. 3. new text end
new text begin Roles. new text end
new text begin
Each partnership entity may use the information received through its
participation in the partnership to investigate employee misclassification within their relevant
jurisdictions as follows:
new text end
new text begin
(1) the Department of Labor and Industry in its enforcement authority under chapters
176, 177, and 181;
new text end
new text begin
(2) the Department of Revenue in its enforcement authority under chapters 289A and
290;
new text end
new text begin
(3) the Department of Employment and Economic Development in its enforcement
authority under chapters 268 and 268B;
new text end
new text begin
(4) the Department of Commerce in its enforcement authority under chapters 45, 60A,
60K, 79, and 79A; and
new text end
new text begin
(5) the attorney general in the attorney general's enforcement authority under sections
177.45 and 181.1721.
new text end
new text begin Subd. 4. new text end
new text begin Annual presentation to the legislature. new text end
new text begin
At the request of the chairs, the
Intergovernmental Misclassification Enforcement and Education Partnership shall present
annually to members of the house of representatives and senate committees with jurisdiction
over labor. The presentation shall include information about how the partnership carried
out its duties during the preceding calendar year.
new text end
new text begin Subd. 4a. new text end
new text begin First presentation. new text end
new text begin
(a) By March 1, 2025, the Intergovernmental
Misclassification Enforcement and Education Partnership shall make its first presentation
to members of the house of representatives and senate committees with jurisdiction over
labor. The first presentation may be made in a form and manner determined by the
partnership. In addition to providing information about how the partnership carried out its
duties in its first year, the presentation shall include the following information and
recommendations, including any budget requests to carry out the recommendations:
new text end
new text begin
(1) consider any staffing recommendations for the partnership and each partnership
entity to carry out the duties and responsibilities under this section;
new text end
new text begin
(2) provide a summary of the industries, areas, and employers with high numbers of
misclassification violations and recommendations for proactive review and enforcement
efforts;
new text end
new text begin
(3) propose a system for making cross referrals between partnership entities;
new text end
new text begin
(4) identify cross-training needs and a proposed cross-training plan; and
new text end
new text begin
(5) propose a metric or plan for monitoring and assessing:
new text end
new text begin
(i) the number and severity of employee misclassification violations; and
new text end
new text begin
(ii) the adequacy and effectiveness of the partnership's duties related to employee
misclassification, including but not limited to the partnership's efforts on education, outreach,
detection, investigation, deterrence, and enforcement of employee misclassification.
new text end
new text begin
(b) This subdivision expires July 31, 2025, unless a different expiration date is specified
in law.
new text end
new text begin Subd. 5. new text end
new text begin Separation. new text end
new text begin
The Intergovernmental Misclassification Enforcement and
Education Partnership is not a separate agency or board and is not subject to chapter 13D.
Data shared or created by the partnership entities under this section or section 181.724 are
subject to chapter 13 and hold the data classification prescribed by law.
new text end
new text begin Subd. 6. new text end
new text begin Duties. new text end
new text begin
The Intergovernmental Misclassification Enforcement and Education
Partnership shall:
new text end
new text begin
(1) set goals to maximize Minnesota's efforts to detect, investigate, and deter employee
misclassification;
new text end
new text begin
(2) share information to facilitate the detection and investigation of employee
misclassification;
new text end
new text begin
(3) develop a process or procedure that provides a person with relevant information and
connects them with relevant partnership entities, regardless of which partnership entity that
person contacts for assistance;
new text end
new text begin
(4) identify best practices in investigating employee misclassification;
new text end
new text begin
(5) identify resources needed for better enforcement of employee misclassification;
new text end
new text begin
(6) inform and educate stakeholders on rights and responsibilities related to employee
misclassification;
new text end
new text begin
(7) serve as a unified point of contact for workers, businesses, and the public impacted
by misclassification;
new text end
new text begin
(8) inform the public on enforcement actions taken by the partnership entities; and
new text end
new text begin
(9) perform other duties as necessary to:
new text end
new text begin
(i) increase the effectiveness of detection, investigation, enforcement, and deterrence of
employee misclassification; and
new text end
new text begin
(ii) carry out the purposes of the partnership.
new text end
new text begin Subd. 7. new text end
new text begin Public outreach. new text end
new text begin
(a) The commissioner of labor and industry shall maintain
on the department's website information about the Intergovernmental Misclassification
Enforcement and Education Partnership, including information about how to file a complaint
related to employee misclassification.
new text end
new text begin
(b) Each partnership entity shall maintain on its website information about worker
classification laws, including requirements for employers and employees, consequences for
misclassifying workers, and contact information for other partnership entities.
new text end
new text begin Subd. 8. new text end
new text begin No limitation of other duties. new text end
new text begin
This section does not limit the duties or
authorities of a partnership entity, or any other government entity, under state 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. 11.
Minnesota Statutes 2022, section 270B.14, subdivision 17, is amended to read:
Subd. 17.
Disclosure to Department of Commerce.
new text begin (a) new text end The commissioner may disclose
to the commissioner of commerce information required to administer the Uniform Disposition
of Unclaimed Property Act in sections 345.31 to 345.60, including the Social Security
numbers of the taxpayers whose refunds are on the report of abandoned property submitted
by the commissioner to the commissioner of commerce under section 345.41. Except for
data published under section 345.42, the information received that is private or nonpublic
data retains its classification, and can be used by the commissioner of commerce only for
the purpose of verifying that the persons claiming the refunds are the owners.
new text begin
(b) The commissioner may disclose a return or return information to the commissioner
of commerce under section 45.0135 to the extent necessary to investigate employer
compliance with section 176.181.
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. 12.
Minnesota Statutes 2022, section 270B.14, is amended by adding a subdivision
to read:
new text begin Subd. 23. new text end
new text begin Disclosure to the attorney general. new text end
new text begin
The commissioner may disclose a return
or return information to the attorney general for the purpose of determining whether a
business is an employer and to the extent necessary to enforce section 177.45 or 181.1721.
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. 13.
Minnesota Statutes 2022, section 326B.081, subdivision 3, is amended to read:
Subd. 3.
Applicable law.
"Applicable law" means the provisions of sections new text begin 181.165,
181.722, new text end 181.723, 325E.66, 327.31 to 327.36, this chapter, and chapter 341, and all rules,
orders, stipulation agreements, settlements, compliance agreements, licenses, registrations,
certificates, and permits adopted, issued, or enforced by the department under sections
new text begin 181.165, 181.722, new text end 181.723, 325E.66, 327.31 to 327.36, this chapter, or chapter 341.
Sec. 14.
Minnesota Statutes 2022, section 326B.081, subdivision 6, is amended to read:
Subd. 6.
Licensing order.
"Licensing order" means an order issued under section
326B.082, subdivision 12deleted text begin , paragraph (a)deleted text end .
Sec. 15.
Minnesota Statutes 2022, section 326B.081, subdivision 8, is amended to read:
Subd. 8.
Stop new text begin work new text end order.
"Stop new text begin work new text end order" means an order issued under section
326B.082, subdivision 10.
Sec. 16.
Minnesota Statutes 2022, section 326B.082, subdivision 1, is amended to read:
Subdivision 1.
Remedies available.
The commissioner may enforce all applicable law
under this section. The commissioner may use any enforcement provision in this section,
including the assessment of monetary penalties, against a person required to have a license,
registration, certificate, or permit under the applicable law based on conduct that would
provide grounds for action against a licensee, registrant, certificate holder, or permit holder
under the applicable law. The use of an enforcement provision in this section shall not
preclude the use of any other enforcement provision in this section or otherwise provided
by law.new text begin The commissioner's investigation and enforcement authority under this section may
be used by the commissioner in addition to or as an alternative to any other investigation
and enforcement authority provided by law.
new text end
Sec. 17.
Minnesota Statutes 2022, section 326B.082, subdivision 2, is amended to read:
Subd. 2.
Access to information and property; subpoenas.
(a) In order to carry out the
purposes of the applicable law, the commissioner may:
(1) administer oaths and affirmations, certify official acts, interview, question, take oral
or written statements, new text begin demand data and information, new text end and take depositions;
(2) request, examine, take possession of, test, sample, measure, photograph, record, and
copy any documents, apparatus, devices, equipment, or materials;
(3) at a time and place indicated by the commissioner, request persons to appear before
the commissioner to give testimonynew text begin , provide data and information,new text end and produce documents,
apparatus, devices, equipment, or materials;
(4) issue subpoenas to compel persons to deleted text begin appear before the commissioner todeleted text end give
testimonynew text begin , provide data and information,new text end and new text begin to new text end produce documents, apparatus, devices,
equipment, or materials; and
(5) with or without notice, enter without delay deleted text begin upondeleted text end new text begin and access all areas ofnew text end any property,
public or private, for the purpose of taking any action authorized under this subdivision or
the applicable law, including deleted text begin obtainingdeleted text end new text begin to request, examine, take possession of, test, sample,
measure, photograph, record, and copy any data,new text end information, deleted text begin remedyingdeleted text end new text begin documents,
apparatus, devices, equipment, or materials; to interview, question, or take oral or written
statements; to remedynew text end violationsdeleted text begin ,deleted text end new text begin ;new text end or deleted text begin conductingdeleted text end new text begin to conductnew text end surveys, inspections, or
investigations.
(b) Persons requested by the commissioner to give testimonynew text begin , provide data and
information,new text end or produce documents, apparatus, devices, equipment, or materials shall respond
within the time and in the manner specified by the commissioner. If no time to respond is
specified in the request, then a response shall be submitted within 30 days of the
commissioner's service of the request.
(c) Upon the refusal or anticipated refusal of a property owner, lessee, property owner's
representative, or lessee's representative to permit the commissioner's entry deleted text begin ontodeleted text end new text begin and access
to all areas of anynew text end property as provided in paragraph (a), the commissioner may apply for
an administrative inspection order in the Ramsey County District Court or, at the
commissioner's discretion, in the district court in the county in which the property is located.
The commissioner may anticipate that a property owner or lessee will refuse entrynew text begin and
access to all areas of a propertynew text end if the property owner, lessee, property owner's representative,
or lessee's representative has refused to permit entry new text begin or access to all areas of a property new text end on
a prior occasion or has informed the commissioner that entry new text begin or access to areas of a property
new text end will be refused. Upon showing of administrative probable cause by the commissioner, the
district court shall issue an administrative inspection order that compels the property owner
or lessee to permit the commissioner to enternew text begin and be allowed access to all areas ofnew text end the
property for the purposes specified in paragraph (a).
(d) Upon the application of the commissioner, a district court shall treat the failure of
any person to obey a subpoena lawfully issued by the commissioner under this subdivision
as a contempt of court.
Sec. 18.
Minnesota Statutes 2022, section 326B.082, subdivision 4, is amended to read:
Subd. 4.
Faxnew text begin or emailnew text end transmission.
When this section or section 326B.083 permits a
request for reconsideration or request for hearing to be served by fax on the commissioner,
new text begin or when the commissioner instructs that a request for reconsideration or request for hearing
be served by email on the commissioner, new text end the fax new text begin or email new text end shall not exceed 15 new text begin printed new text end pages
in length. The request shall be considered timely served if the fax new text begin or email new text end is received by
the commissioner, at the fax numbernew text begin or email addressnew text end identified by the commissioner in the
order or notice of violation, no later than 4:30 p.m. central time on the last day permitted
for faxing new text begin or emailing new text end the request. Where the quality or authenticity of the faxednew text begin or emailednew text end
request is at issue, the commissioner may require the original request to be filed. Where the
commissioner has not identified quality or authenticity of the faxed new text begin or emailed new text end request as
an issue and the request has been faxed new text begin or emailed new text end in accordance with this subdivision, the
person faxing new text begin or emailing new text end the request does not need to file the original request with the
commissioner.
Sec. 19.
Minnesota Statutes 2022, section 326B.082, subdivision 6, is amended to read:
Subd. 6.
Notices of violation.
(a) The commissioner may issue a notice of violation to
any person who the commissioner determines has committed a violation of the applicable
law. The notice of violation must state a summary of the facts that constitute the violation
and the applicable law violated. The notice of violation may require the person to correct
the violation. If correction is required, the notice of violation must state the deadline by
which the violation must be corrected.
new text begin
(b) In addition to any person, a notice of violation may be issued to any individual
identified in section 181.723, subdivision 7, paragraph (d). A notice of violation is effective
against any successor person as defined in section 181.723, subdivision 7, paragraph (e).
new text end
deleted text begin (b)deleted text end new text begin (c)new text end The commissioner shall issue the notice of violation by:
(1) serving the notice of violation on the property owner or on the person who committed
the violation; or
(2) posting the notice of violation at the location where the violation occurred.
deleted text begin (c)deleted text end new text begin (d)new text end If the person to whom the commissioner has issued the notice of violation believes
the notice was issued in error, then the person may request reconsideration of the parts of
the notice that the person believes are in error. The request for reconsideration must be in
writing and must be served on, faxed, or emailed to the commissioner at the address, fax
number, or email address specified in the notice of violation by the tenth day after the
commissioner issued the notice of violation. The date on which a request for reconsideration
is served by mail shall be the postmark date on the envelope in which the request for
reconsideration is mailed. If the person does not serve, fax, or email a written request for
reconsideration or if the person's written request for reconsideration is not served on or
faxed to the commissioner by the tenth day after the commissioner issued the notice of
violation, the notice of violation shall become a final order of the commissioner and will
not be subject to review by any court or agency. The request for reconsideration must:
(1) specify which parts of the notice of violation the person believes are in error;
(2) explain why the person believes the parts are in error; and
(3) provide documentation to support the request for reconsideration.
The commissioner shall respond in writing to requests for reconsideration made under
this paragraph within 15 days after receiving the request. A request for reconsideration does
not stay a requirement to correct a violation as set forth in the notice of violation. After
reviewing the request for reconsideration, the commissioner may affirm, modify, or rescind
the notice of violation. The commissioner's response to a request for reconsideration is final
and shall not be reviewed by any court or agency.
Sec. 20.
Minnesota Statutes 2022, section 326B.082, subdivision 7, is amended to read:
Subd. 7.
Administrative orders; correction; assessment of monetary penalties.
(a)
The commissioner may issue an administrative order to any person who the commissioner
determines has committed a violation of the applicable law. The commissioner shall issue
the administrative order by serving the administrative order on the person. The administrative
order may require the person to correct the violation, may require the person to cease and
desist from committing the violation, and may assess monetary new text begin damages and new text end penalties. The
commissioner shall follow the procedures in section 326B.083 when issuing administrative
orders. Except as provided in paragraph (b), the commissioner may issue to each person a
monetary penalty of up to $10,000 for each violation of applicable law committed by the
person. The commissioner may order that part or all of the monetary penalty will be forgiven
if the person to whom the order is issued demonstrates to the commissioner by the 31st day
after the order is issued that the person has corrected the violation or has developed a
correction plan acceptable to the commissioner.
(b) The commissioner may issue an administrative order for failure to correct a violation
by the deadline stated in a new text begin final notice of violation issued under subdivision 6 or a new text end final
administrative order issued under paragraph (a). Each day after the deadline during which
the violation remains uncorrected is a separate violation for purposes of calculating the
maximum monetary penalty amount.
(c) Upon the application of the commissioner, a district court shall find the failure of
any person to correct a violation as required by a new text begin final notice of violation issued under
subdivision 6 or a new text end final administrative order issued by the commissioner under this
subdivision as a contempt of court.
new text begin
(d) In addition to any person, an administrative order may be issued to any individual
identified in section 181.723, subdivision 7, paragraph (d). An administrative order shall
be effective against any successor person as defined in section 181.723, subdivision 7,
paragraph (e).
new text end
Sec. 21.
Minnesota Statutes 2022, section 326B.082, subdivision 10, is amended to read:
Subd. 10.
Stop new text begin work new text end orders.
(a) deleted text begin If the commissioner determines based on an inspection
or investigation that a person has violated or is about to violate the applicable law,deleted text end The
commissioner may issue deleted text begin to the persondeleted text end a stop new text begin work new text end order requiring deleted text begin the person to cease and
desist from committing the violationdeleted text end new text begin cessation of all business operations of a person at one
or more of the person's workplaces and places of business or across all of the person's
workplaces and places of businessnew text end .new text begin A stop work order may be issued to any person who the
commissioner has determined, based on an inspection or investigation, has violated the
applicable law, has engaged in any of the activities under subdivision 11, paragraph (b), or
section 326B.701, subdivision 5, or has failed to comply with a final notice, final
administrative order, or final licensing order issued by the commissioner under this section
or a final order to comply issued by the commissioner under section 177.27.
new text end
new text begin
(b) The stop work order is effective upon its issuance under paragraph (e). The order
remains in effect until the commissioner issues an order lifting the stop work order upon
finding that the person has come into compliance with the applicable law, has come into
compliance with a final order or notice of violation issued by the commissioner, has ceased
and desisted from engaging in any of the activities under subdivision 11, paragraph (b), or
section 326B.701, subdivision 5, and has paid in any remedies, damages, penalties, and
other monetary sanctions, including wages owed to employees under paragraph (j), to the
satisfaction of the commissioner, or if the commissioner or appellate court modifies or
vacates the order.
new text end
new text begin
(c) In addition to any person, a stop work order may be issued to any individual identified
in section 181.723, subdivision 7, paragraph (d). The stop work order is effective against
any successor person as defined in section 181.723, subdivision 7, paragraph (e).
new text end
deleted text begin (b)deleted text end new text begin (d)new text end If the commissioner determines that a condition exists on real property that
deleted text begin violates the applicable lawdeleted text end new text begin is the basis for issuing a stop work ordernew text end , the commissioner may
new text begin also new text end issue a stop new text begin work new text end order to the owner or lessee of the real property deleted text begin to cease and desist
from committing the violation and to correct the condition that is in violationdeleted text end .
deleted text begin (c)deleted text end new text begin (e)new text end The commissioner shall issue the stop work order by:
(1) serving the order on the person deleted text begin who has committed or is about to commit the violationdeleted text end ;
(2) posting the order at the location where the violation was committed deleted text begin or is about to be
committeddeleted text end or at the location where the deleted text begin violatingdeleted text end condition existsnew text begin that is the basis for issuing
the stop work ordernew text end ; or
(3) serving the order on any owner or lessee of the real property where the deleted text begin violating
condition existsdeleted text end new text begin violations or conditions existnew text end .
deleted text begin (d)deleted text end new text begin (f)new text end A stopnew text begin worknew text end order shall:
(1) describe the act, conduct, or practice committed deleted text begin or about to be committed,deleted text end or the
condition, and include a reference to the applicable law deleted text begin that the act, conduct, practice, or
condition violates or would violatedeleted text end new text begin , the final order or final notice of violation, the provisions
in subdivision 11, paragraph (b); the provisions in section 326B.701, subdivision 5; or
liability under section 181.165, as applicablenew text end ; and
(2) provide notice that any person aggrieved by the stop new text begin work new text end order may request a hearing
as provided in paragraph deleted text begin (e)deleted text end new text begin (g)new text end .
deleted text begin (e)deleted text end new text begin (g)new text end Within 30 days after the commissioner issues a stop new text begin work new text end order, any person
aggrieved by the order may request an expedited hearing to review the commissioner's
action. The request for hearing must be made in writing and must be served onnew text begin , emailed,new text end
or faxed to the commissioner at the addressnew text begin , email address,new text end or fax number specified in the
order. If the person does not request a hearing or if the person's written request for hearing
is not served onnew text begin , emailed,new text end or faxed to the commissioner on or before the 30th day after the
commissioner issued the stop new text begin work new text end order, the order will become a final order of the
commissioner and will not be subject to review by any court or agency. The date on which
a request for hearing is served by mail is the postmark date on the envelope in which the
request for hearing is mailed. The hearing request must specifically state the reasons for
seeking review of the order. The person who requested the hearing and the commissioner
are the parties to the expedited hearing. The hearing shall be commenced within ten days
after the commissioner receives the request for hearing. The hearing shall be conducted
under Minnesota Rules, parts 1400.8510 to 1400.8612, as modified by this subdivision.
The administrative law judge shall issue a report containing findings of fact, conclusions
of law, and a recommended order within ten days after the completion of the hearing, the
receipt of late-filed exhibits, or the submission of written arguments, whichever is later.
Any party aggrieved by the administrative law judge's report shall have five days after the
date of the administrative law judge's report to submit written exceptions and argument to
the commissioner that the commissioner shall consider and enter in the record. Within 15
days after receiving the administrative law judge's report, the commissioner shall issue an
order vacating, modifying, or making permanent the stopnew text begin worknew text end order. The commissioner
and the person requesting the hearing may by agreement lengthen any time periods described
in this paragraph. The Office of Administrative Hearings may, in consultation with the
agency, adopt rules specifically applicable to cases under this subdivision.
deleted text begin (f)deleted text end new text begin (h)new text end A stop new text begin work new text end order issued under this subdivision deleted text begin shall bedeleted text end new text begin isnew text end in effect until it is
new text begin lifted by the commissioner under paragraph (b) or is new text end modified or vacated by the commissioner
or an appellate courtnew text begin under paragraph (b)new text end . The administrative hearing provided by this
subdivision and any appellate judicial review as provided in chapter 14 shall constitute the
exclusive remedy for any person aggrieved by a stop order.
new text begin
(i) The commissioner may assess a civil penalty of $5,000 per day against a person for
each day the person conducts business operations that are in violation of a stop work order
issued under this section.
new text end
new text begin
(j) Once a stop work order becomes final, any of the person's employees affected by a
stop work order issued pursuant to this subdivision shall be entitled to average daily earnings
from the person for up to the first ten days of work lost by the employee because of the
issuance of a stop work order. Lifting of a stop work order may be conditioned on payment
of wages to employees. The commissioner may issue an order to comply under section
177.27 to obtain payment from persons liable for the payment of wages owed to the
employees under this section.
new text end
deleted text begin (g)deleted text end new text begin (k)new text end Upon the application of the commissioner, a district court shall find the failure
of any person to comply with a final stop new text begin work new text end order lawfully issued by the commissioner
under this subdivision as a contempt of court.
new text begin
(l) Notwithstanding section 13.39, the data in a stop work order issued under this
subdivision are classified as public data after the commissioner has issued the order.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2024, for contracts entered
into on or after that date and for all building and construction or improvement services
provided or performed on or after January 1, 2025.
new text end
Sec. 22.
Minnesota Statutes 2022, section 326B.082, subdivision 11, is amended to read:
Subd. 11.
Licensing orders; grounds; reapplication.
(a) The commissioner may deny
an application for a permit, license, registration, or certificate if the applicant does not meet
or fails to maintain the minimum qualifications for holding the permit, license, registration,
or certificate, or has any unresolved violations deleted text begin ordeleted text end new text begin ,new text end unpaid feesnew text begin ,new text end or monetary new text begin damages or
new text end penalties related to the activity for which the permit, license, registration, or certificate has
been applied for or was issued.
(b) The commissioner may deny, suspend, limit, place conditions on, or revoke a person's
permit, license, registration, or certificate, or censure the person holding or acting as
qualifying person for the permit, license, registration, or certificate, if the commissioner
finds that the person:
(1) committed one or more violations of the applicable law;
new text begin
(2) committed one or more violations of chapter 176, 177, 181, 181A, 182, 268, 270C,
or 363A;
new text end
deleted text begin (2)deleted text end new text begin (3)new text end submitted false or misleading information to deleted text begin thedeleted text end new text begin anynew text end statenew text begin agencynew text end in connection
with activities for which the permit, license, registration, or certificate was issued, or in
connection with the application for the permit, license, registration, or certificate;
deleted text begin (3)deleted text end new text begin (4)new text end allowed the alteration or use of the person's own permit, license, registration, or
certificate by another person;
deleted text begin (4)deleted text end new text begin (5)new text end within the previous five years, was convicted of a crime in connection with
activities for which the permit, license, registration, or certificate was issued;
deleted text begin (5)deleted text end new text begin (6)new text end violated: (i) a final administrative order issued under subdivision 7, (ii) a final
stop new text begin work new text end order issued under subdivision 10, (iii) injunctive relief issued under subdivision
9, or (iv) a consent ordernew text begin , order to comply,new text end ornew text begin othernew text end final order deleted text begin ofdeleted text end new text begin issued bynew text end the commissionernew text begin
or the commissioner of human rights, employment and economic development, or revenuenew text end ;
deleted text begin (6)deleted text end new text begin (7) delayed, obstructed, or otherwisenew text end failed to cooperate with a commissioner's
new text begin investigation, including a new text end request to give testimony, new text begin to provide data and information, new text end to
produce documents, things, apparatus, devices, equipment, or materials, or to new text begin enter and
new text end access new text begin all areas of any new text end property deleted text begin under subdivision 2deleted text end ;
deleted text begin (7)deleted text end new text begin (8)new text end retaliated in any manner against any employee or person who new text begin makes a complaint,
new text end is questioned by, cooperates with, or provides information to the commissioner deleted text begin or an
employee or agent authorized by the commissioner who seeks access to property or things
under subdivision 2deleted text end ;
deleted text begin (8)deleted text end new text begin (9)new text end engaged in any fraudulent, deceptive, or dishonest act or practice; or
deleted text begin (9)deleted text end new text begin (10)new text end performed work in connection with the permit, license, registration, or certificate
or conducted the person's affairs in a manner that demonstrates incompetence,
untrustworthiness, or financial irresponsibility.
new text begin
(c) In addition to any person, a licensing order may be issued to any individual identified
in section 181.723, subdivision 7, paragraph (d). A licensing order is effective against any
successor person as defined in section 181.723, subdivision 7, paragraph (e).
new text end
deleted text begin (c)deleted text end new text begin (d)new text end If the commissioner revokes or denies a person's permit, license, registration, or
certificate under paragraph (b), the person is prohibited from reapplying for the same type
of permit, license, registration, or certificate for at least two years after the effective date
of the revocation or denial. The commissioner may, as a condition of reapplication, require
the person to obtain a bond or comply with additional reasonable conditions the commissioner
considers necessary to protect the publicnew text begin , including but not limited to demonstration of
current and ongoing compliance with the laws the violation of which were the basis for
revoking or denying the person's permit, license, registration, or certificate under paragraph
(b) or that the person has ceased and desisted in engaging in activities under paragraph (b)
that were the basis for revoking or denying the person's permit, license, registration, or
certificate under paragraph (b)new text end .
deleted text begin (d)deleted text end new text begin (e)new text end If a permit, license, registration, or certificate expires, or is surrendered, withdrawn,
or terminated, or otherwise becomes ineffective, the commissioner may institute a proceeding
under this subdivision within two years after the permit, license, registration, or certificate
was last effective and enter a revocation or suspension order as of the last date on which
the permit, license, registration, or certificate was in effect.
Sec. 23.
Minnesota Statutes 2022, section 326B.082, subdivision 13, is amended to read:
Subd. 13.
Summary suspension.
In any case where the commissioner has issued an
order to revoke, suspend, or deny a license, registration, certificate, or permit under
subdivisions 11, paragraph (b), and 12, the commissioner may summarily suspend the
person's permit, license, registration, or certificate before the order becomes final. The
commissioner shall issue a summary suspension order when the safety of life or property
is threatened or to prevent the commission of fraudulent, deceptive, untrustworthy, or
dishonest acts against the publicnew text begin , including but not limited to violations of section 181.723,
subdivision 7new text end . The summary suspension shall not affect the deadline for submitting a request
for hearing under subdivision 12. If the commissioner summarily suspends a person's permit,
license, registration, or certificate, a timely request for hearing submitted under subdivision
12 shall also be considered a timely request for hearing on continuation of the summary
suspension. If the commissioner summarily suspends a person's permit, license, registration,
or certificate under this subdivision and the person submits a timely request for a hearing,
then a hearing on continuation of the summary suspension must be held within ten days
after the commissioner receives the request for hearing unless the parties agree to a later
date.
Sec. 24.
Minnesota Statutes 2022, section 326B.082, is amended by adding a subdivision
to read:
new text begin Subd. 16a. new text end
new text begin Additional penalties and damages. new text end
new text begin
Any person who delays, obstructs, or
otherwise fails to cooperate with the commissioner's investigation may be issued a penalty
of $1,000. Each day of delay, obstruction, or failure to cooperate shall constitute a separate
violation.
new text end
Sec. 25.
Minnesota Statutes 2022, section 326B.701, is amended to read:
326B.701 CONSTRUCTION CONTRACTOR REGISTRATION.
Subdivision 1.
Definitions.
The following definitions apply to this section:
new text begin
(a) "Building construction or improvement services" means public or private sector
commercial or residential building construction or improvement services.
new text end
deleted text begin (a)deleted text end new text begin (b)new text end "Business entity" means a person deleted text begin other than an individual or a sole proprietordeleted text end new text begin as
that term is defined in paragraph (h), except the term does not include an individualnew text end .
new text begin
(c) "Commissioner" means the commissioner of labor and industry or a duly designated
representative of the commissioner who is either an employee of the Department of Labor
and Industry or person working under contract with the Department of Labor and Industry.
new text end
new text begin
(d) "Day" means calendar day unless otherwise provided.
new text end
new text begin
(e) "Department" means the Department of Labor and Industry.
new text end
deleted text begin (b)deleted text end new text begin (f)new text end "Document" or "documents" includes papers; books; records; memoranda; data;
contracts; drawings; graphs; charts; photographs; digital, video, and audio recordings;
records; accounts; files; statements; letters; emails; invoices; bills; notes; and calendars
maintained in any form or manner.
new text begin
(g) "Individual" means a human being.
new text end
new text begin
(h) "Person" means any individual, sole proprietor, limited liability company, limited
liability partnership, corporation, partnership, incorporated or unincorporated association,
joint stock company, or any other legal or commercial entity.
new text end
Subd. 2.
Applicability; registration requirement.
deleted text begin
(a) Persons who perform public or
private sector commercial or residential building construction or improvement services as
described in subdivision 2 must register with the commissioner as provided in this section.
The purpose of registration is to assist the Department of Labor and Industry, the Department
of Employment and Economic Development, and the Department of Revenue to enforce
laws related to misclassification of employees.
deleted text end
deleted text begin (b)deleted text end new text begin (a)new text end Except as provided in paragraph deleted text begin (c)deleted text end new text begin (b)new text end , any person who new text begin provides or new text end performs
new text begin building new text end construction new text begin or improvement new text end services in the state deleted text begin on or after September 15, 2012,deleted text end new text begin
of Minnesotanew text end must register with the commissioner as provided in this section before new text begin providing
or new text end performing new text begin building new text end construction new text begin or improvement new text end services deleted text begin for another persondeleted text end . The
requirements for registration under this section are not a substitute for, and do not relieve
a person from complying with, any other law requiring that the person be licensed, registered,
or certified.
deleted text begin (c)deleted text end new text begin (b)new text end The registration requirements in this section do not apply to:
(1) a person who, at the time the person is new text begin providing or new text end performing thenew text begin buildingnew text end
construction new text begin or improvement new text end services, holds a current license, certificate, or registration
under chapter 299M or 326B;
deleted text begin
(2) a person who holds a current independent contractor exemption certificate issued
under this section that is in effect on September 15, 2012, except that the person must register
under this section no later than the date the exemption certificate expires, is revoked, or is
canceled;
deleted text end
deleted text begin (3)deleted text end new text begin (2)new text end a person who has given a bond to the state under section 326B.197 or 326B.46;
deleted text begin (4)deleted text end new text begin (3)new text end an employee of the person new text begin providing or new text end performing thenew text begin buildingnew text end construction new text begin or
improvement new text end servicesdeleted text begin , if the person was in compliance with laws related to employment of
the individual at the time the construction services were performeddeleted text end ;
deleted text begin (5)deleted text end new text begin (4)new text end an architect or professional engineer engaging in professional practice as defined
in section 326.02, subdivisions 2 and 3;
deleted text begin (6)deleted text end new text begin (5)new text end a school district or technical college governed under chapter 136F;
deleted text begin (7)deleted text end new text begin (6)new text end a person providing new text begin or performing building new text end construction new text begin or improvement new text end services
on a volunteer basis, including but not limited to Habitat for Humanity and Builders Outreach
Foundation, and their individual volunteers when engaged in activities on their behalf; or
deleted text begin (8)deleted text end new text begin (7)new text end a person exempt from licensing under section 326B.805, subdivision 6, clause
deleted text begin (5)deleted text end new text begin (4)new text end .
Subd. 3.
Registration application.
(a) Persons required to register under this section
must submit electronically, in the manner prescribed by the commissioner, a complete
application according to deleted text begin paragraphs (b) to (d)deleted text end new text begin this subdivisionnew text end .
(b) A complete application must include all of the following information new text begin and
documentation new text end about deleted text begin any individual who is registering as an individual or a sole proprietor,
or who owns 25 percent or more of a business entity being registereddeleted text end new text begin the person who is
applying for a registrationnew text end :
(1) the deleted text begin individual's fulldeleted text end new text begin person'snew text end legal name deleted text begin and title at the applicant's businessdeleted text end ;
new text begin
(2) the person's assumed names filed with the secretary of state, if applicable;
new text end
deleted text begin (2)deleted text end new text begin (3)new text end the deleted text begin individual's business address anddeleted text end new text begin person'snew text end telephone number;
deleted text begin
(3) the percentage of the applicant's business owned by the individual; and
deleted text end
deleted text begin
(4) the individual's Social Security number.
deleted text end
deleted text begin
(c) A complete application must also include the following information:
deleted text end
deleted text begin
(1) the applicant's legal name; assumed name filed with the secretary of state, if any;
designated business address; physical address; telephone number; and email address;
deleted text end
deleted text begin
(2) the applicant's Minnesota tax identification number, if one is required or has been
issued;
deleted text end
deleted text begin
(3) the applicant's federal employer identification number, if one is required or has been
issued;
deleted text end
deleted text begin
(4) evidence of the active status of the applicant's business filings with the secretary of
state, if one is required or has been issued;
deleted text end
deleted text begin
(5) whether the applicant has any employees at the time the application is filed;
deleted text end
deleted text begin
(6) the names of all other persons with an ownership interest in the business entity who
are not identified in paragraph (b), and the percentage of the interest owned by each person,
except that the names of shareholders with less than ten percent ownership in a publicly
traded corporation need not be provided;
deleted text end
deleted text begin
(7) information documenting compliance with workers' compensation and unemployment
insurance laws;
deleted text end
new text begin
(4) the person's email address;
new text end
new text begin
(5) the person's business address;
new text end
new text begin
(6) the person's physical address, if different from the business address;
new text end
new text begin
(7) the legal name, telephone number, and email address of the person's registered agent,
if applicable, and the registered agent's business address and physical address, if different
from the business address;
new text end
new text begin
(8) the jurisdiction in which the person is organized, if that jurisdiction is not in
Minnesota, as applicable;
new text end
new text begin
(9) the legal name of the person in the jurisdiction in which it is organized, if the legal
name is different than the legal name provided in clause (1), as applicable;
new text end
new text begin
(10) all of the following identification numbers, if all of these identification numbers
have been issued to the person. A complete application must include at least one of the
following identification numbers:
new text end
new text begin
(i) the person's Social Security number;
new text end
new text begin
(ii) the person's Minnesota tax identification number; or
new text end
new text begin
(iii) the person's federal employer identification number;
new text end
new text begin
(11) evidence of the active status of the person's business filings with the secretary of
state, if applicable;
new text end
new text begin
(12) whether the person has any employees at the time the application is filed, and if so,
how many employees the person employs;
new text end
new text begin
(13) the legal names of all persons with an ownership interest in the business entity, if
applicable, and the percentage of the interest owned by each person, except that the names
of shareholders with less than ten percent ownership in a publicly traded corporation need
not be provided;
new text end
new text begin
(14) information documenting the person's compliance with workers' compensation and
unemployment insurance laws for the person's employees, if applicable;
new text end
new text begin
(15) whether the person or any persons with an ownership interest in the business entity
as disclosed under clause (13) have been issued a notice of violation, administrative order,
licensing order, or order to comply by the Department of Labor and Industry in the last ten
years;
new text end
deleted text begin (8)deleted text end new text begin (16)new text end a certification that the deleted text begin persondeleted text end new text begin individualnew text end signing the application has: reviewed
it; deleted text begin determineddeleted text end new text begin assertsnew text end that the information new text begin and documentation new text end provided is true and accurate;
and deleted text begin determineddeleted text end that the deleted text begin person signingdeleted text end new text begin individualnew text end is authorized to sign and file the application
as an agent new text begin or authorized representative new text end of the deleted text begin applicantdeleted text end new text begin personnew text end . The name of the deleted text begin persondeleted text end new text begin
individualnew text end signing, entered on an electronic application, shall constitute a valid signature
of the agent new text begin or authorized representative new text end on behalf of the deleted text begin applicantdeleted text end new text begin personnew text end ; and
deleted text begin (9)deleted text end new text begin (17)new text end a signed authorization for the Department of Labor and Industry to verify the
information new text begin and documentation new text end provided on or with the application.
deleted text begin (d)deleted text end new text begin (c)new text end A registered person must notify the commissioner within 15 days after there is a
change in any of the information on the application as approved. This notification must be
provided electronically in the manner prescribed by the commissioner. However, if the
deleted text begin business entitydeleted text end structure or legal form of the business entity has changed, the person must
submit a new registration application deleted text begin and registration fee, if any, for the new business entitydeleted text end .
deleted text begin (e) The registereddeleted text end new text begin (d) Anew text end person must deleted text begin remain registereddeleted text end new text begin maintain a current and up-to-date
registrationnew text end while providing new text begin or performing building new text end construction new text begin or improvement new text end services
deleted text begin for another persondeleted text end . The provisions of sections 326B.091, 326B.094, 326B.095, and 326B.097
apply to this section. deleted text begin A person with an expired registration shall not provide construction
services for another person if registration is required under this section.deleted text end Registration
application and expiration time frames are as follows:
deleted text begin
(1) all registrations issued on or before December 31, 2015, expire on December 31,
2015;
deleted text end
deleted text begin (2)deleted text end new text begin (1)new text end all registrations issued after December 31, 2015, expire on the following December
31 of each odd-numbered year; and
deleted text begin (3)deleted text end new text begin (2)new text end a person may submit a deleted text begin registration ordeleted text end renewal application starting October 1 of
the year the registration expires. If a renewal application is submitted later than December
1 of the expiration year,new text begin thenew text end registration may expire before the department has issued or
denied the deleted text begin registrationdeleted text end new text begin renewalnew text end .
Subd. 4.
Website.
(a) The commissioner shall develop and maintain a website on which
deleted text begin applicants for registrationdeleted text end new text begin personsnew text end can submit a registrationnew text begin or renewalnew text end application. The
website shall be designed to receive and process deleted text begin registrationdeleted text end applications and promptly
issue registration certificates electronically to successful applicants.
(b) The commissioner shall maintain deleted text begin the certificates of registration on the department's
official public website, which shall includedeleted text end the following informationnew text begin on the department's
official public websitenew text end :
(1) the registered person's legal deleted text begin businessdeleted text end name, including any assumed namedeleted text begin , asdeleted text end filed
with the secretary of state;
new text begin
(2) the legal names of the persons with an ownership interest in the business entity;
new text end
deleted text begin (2)deleted text end new text begin (3)new text end the new text begin registered new text end person's business address deleted text begin designateddeleted text end new text begin and physical address, if
different from the business address, providednew text end on the application; and
deleted text begin (3)deleted text end new text begin (4)new text end the effective date of the registration and the expiration date.
Subd. 5.
Prohibited activities related to registration.
(a) The prohibited activities in
this subdivision are in addition to those prohibited in deleted text begin sections 326B.081 to 326B.085deleted text end new text begin section
326B.082, subdivision 11new text end .
(b) A person who provides new text begin or performs building new text end construction new text begin or improvement new text end services
deleted text begin in the course of the person's trade, business, occupation, or professiondeleted text end shall not:
(1) deleted text begin contract withdeleted text end new text begin providenew text end or perform new text begin building new text end construction new text begin or improvement new text end services deleted text begin for
another persondeleted text end without deleted text begin firstdeleted text end being registerednew text begin ,new text end if required deleted text begin bydeleted text end new text begin to be registered undernew text end this
section;
new text begin
(2) require an individual who is the person's employee to register; or
new text end
deleted text begin (2) contract with or paydeleted text end new text begin (3) engagenew text end another person tonew text begin provide ornew text end perform new text begin building
new text end construction new text begin or improvement new text end services if the other person is new text begin required to be registered under
this section and is new text end not registered deleted text begin if required by subdivision 2. All payments to an unregistered
person for construction services on a single project site shall be considered a single violationdeleted text end .
It is not a violation of this clause:
(i) for a person to deleted text begin contract with or paydeleted text end new text begin have engagednew text end an unregistered person if the
unregistered person deleted text begin was registered at the time the contract for construction services was
entered intodeleted text end new text begin held a current registration on the date they began providing or performing the
building construction or improvement servicesnew text end ; or
(ii) for a homeowner or business to deleted text begin contract with or paydeleted text end new text begin engagenew text end an unregistered person
if the homeowner or business is not in the trade, business, profession, or occupation of
performing building construction or improvement servicesdeleted text begin ; ordeleted text end new text begin .
new text end
deleted text begin
(3) be penalized for violations of this subdivision that are committed by another person.
This clause applies only to violations of this paragraph.
deleted text end
new text begin
(c) Each day a person who is required to be registered provides or performs building
construction or improvement services while unregistered shall be considered a separate
violation.
new text end
Subd. 6.
new text begin Investigation and new text end enforcement; remedies; and penalties.
deleted text begin
(a) Notwithstanding
the maximum penalty amount in section 326B.082, subdivisions 7 and 12, the maximum
penalty for failure to register is $2,000, but the commissioner shall forgive the penalty if
the person registers within 30 days of the date of the penalty order.
deleted text end
deleted text begin
(b) The penalty for contracting with or paying an unregistered person to perform
construction services in violation of subdivision 5, paragraph (b), clause (2), shall be as
provided in section 326B.082, subdivisions 7 and 12, but the commissioner shall forgive
the penalty for the first violation.
deleted text end
new text begin
The commissioner may investigate and enforce this section under the authority in chapters
177 and 326B.
new text end
deleted text begin Subd. 7. deleted text end
deleted text begin Notice requirement. deleted text end
deleted text begin
Notice of a penalty order for failure to register must
include a statement that the penalty shall be forgiven if the person registers within 30 days
of the date of the penalty order.
deleted text end
Subd. 8.
Data classified.
Data in applications and any required documentation submitted
to the commissioner under this section are private data on individuals or nonpublic data as
defined in section 13.02deleted text begin . Data in registration certificates issued by the commissioner are
public data;deleted text end except deleted text begin thatdeleted text end new text begin for thenew text end registration information published on the department's website
deleted text begin may be accessed for registration verification purposes onlydeleted text end . Data that document a new text begin suspension,
new text end revocationnew text begin ,new text end or cancellation of a deleted text begin certificatedeleted text end new text begin registrationnew text end are public data. deleted text begin Upon request ofdeleted text end new text begin
Notwithstanding its classification as private data on individuals or nonpublic data, data in
applications and any required documentation submitted to the commissioner under this
section may be used by the commissioner to investigate and take enforcement action related
to laws for which the commissioner has enforcement responsibility and the commissioner
may share data and documentation withnew text end the Department of Revenuenew text begin , the Department of
Commerce, the Department of Human Rights,new text end or the Department of Employment and
Economic Developmentdeleted text begin ,deleted text end new text begin .new text end The commissioner may release to the deleted text begin requesting departmentdeleted text end new text begin
departmentsnew text end data classified as private or nonpublic under this subdivision or investigative
data that are not public under section 13.39 that relate to deleted text begin the issuance or denial of applications
or revocations of certificatesdeleted text end new text begin prohibited activities under this section and section 181.723new text end .
ARTICLE 12
MINORS APPEARING IN INTERNET CONTENT
Section 1.
Minnesota Statutes 2022, section 181A.03, is amended by adding a subdivision
to read:
new text begin Subd. 5a. new text end
new text begin Online platform. new text end
new text begin
"Online platform" means any public-facing website, web
application, or digital application, including a mobile application. Online platform includes
a social network, advertising network, mobile operating system, search engine, email service,
monetization platform to sell digital services, streaming service, paid subscription, or Internet
access service.
new text end
Sec. 2.
Minnesota Statutes 2022, section 181A.03, is amended by adding a subdivision to
read:
new text begin Subd. 7a. new text end
new text begin Content creation. new text end
new text begin
"Content creation" means content shared on an online
platform in exchange for compensation.
new text end
Sec. 3.
Minnesota Statutes 2022, section 181A.03, is amended by adding a subdivision to
read:
new text begin Subd. 7b. new text end
new text begin Content creator. new text end
new text begin
"Content creator" means an individual or individuals 18
years of age or older, including family members, who create video content performed in
Minnesota in exchange for compensation, and includes any proprietorship, partnership,
company, or other corporate entity assuming the name or identity of a particular individual
or individuals, or family members, for the purposes of that content creator. Content creator
does not include a person under the age of 18 who produces their own video content.
new text end
Sec. 4.
new text begin
[181A.13] COMPENSATION FOR INTERNET CONTENT CREATION.
new text end
new text begin Subdivision 1. new text end
new text begin Minors featured in content creation. new text end
new text begin
(a) Except as otherwise provided
in this section, a minor is considered engaged in the work of content creation when the
following criteria are met at any time during the previous 12-month period:
new text end
new text begin
(1) at least 30 percent of the content creator's compensated video content produced within
a 30-day period included the likeness, name, or photograph of any minor. Content percentage
is measured by the percentage of time the likeness, name, or photograph of a minor or if
more than one minor regularly appears in the creator's content, any of the minors, visually
appears or is the subject of an oral narrative in a video segment as compared to the total
length of the segment; and
new text end
new text begin
(2) the number of views received per video segment on any online platform met the
online platform's threshold for generating compensation or the content creator received
actual compensation for video content equal to or greater than $0.01 per view.
new text end
new text begin
(b) A minor under the age of 14 is prohibited from engaging in the work of content
creation as provided in paragraph (a). If a minor under the age of 14 is featured by a content
creator, the minor shall receive 100 percent of the proceeds of the creator's compensation
for the content they have appeared in, less any amount owed to another minor.
new text end
new text begin
(c) A minor who is at least age 14 but under the age of 18 may produce, create, and
publish their own content and is entitled to all compensation for their own content creation.
A minor engaged in the work of content creation as the producer, creator, and publisher of
content must also follow the requirements in paragraph (b).
new text end
new text begin
(d) A minor who appears incidentally in a video that depicts a public event that a
reasonable person would know to be broadcast, including a concert, competition, or sporting
event, and is published by a content creator is not considered a violation of this section.
new text end
new text begin Subd. 2. new text end
new text begin Records required. new text end
new text begin
(a) All video content creators whose content features a
minor engaged in the work of content creation shall maintain the following records and
retain the records until the minor reaches the age of 21:
new text end
new text begin
(1) the name and documentary proof of the age of the minor engaged in the work of
content creation;
new text end
new text begin
(2) the amount of content creation that generated compensation as described in subdivision
1 during the reporting period;
new text end
new text begin
(3) the total number of minutes of content creation for which the content creator received
compensation during the reporting period;
new text end
new text begin
(4) the total number of minutes a minor was featured in content creation during the
reporting period;
new text end
new text begin
(5) the total compensation generated from content creation featuring a minor during the
reporting period; and
new text end
new text begin
(6) the amount deposited into the trust account for the benefit of the minor engaged in
the work of content creation as required by subdivision 3.
new text end
new text begin
(b) The records required by this subdivision must be readily accessible to the minor for
review. The content creator shall provide notice to the minor of the existence of the records.
new text end
new text begin Subd. 3. new text end
new text begin Trust required. new text end
new text begin
(a) A minor who is engaged in the work of content creation
consistent with this section must be compensated by the content creator. The content creator
must set aside gross earnings on the video content that includes the likeness, name, or
photograph of the minor in a trust account to be preserved for the benefit of the minor until
the minor reaches the age of majority, according to the following distribution:
new text end
new text begin
(1) if only one minor meets the content threshold described in subdivision 1, the
percentage of total gross earnings on any video segment, including the likeness, name, or
photograph of the minor that is equal to or greater than half of the content percentage that
includes the minor as described in subdivision 1; or
new text end
new text begin
(2) if more than one minor meets the content threshold described in subdivision 1 and
a video segment includes more than one of those minors, the percentage described in clause
(1) for all minors in any segment must be equally divided between the minors regardless
of differences in percentage of content provided by the individual minors.
new text end
new text begin
(b) A trust account required under this section must, at a minimum, provide that:
new text end
new text begin
(1) the money in the account is available only to the minor engaged in the work of content
creation;
new text end
new text begin
(2) the account is held by a bank, corporate fiduciary, or trust company, as those terms
are defined in chapter 48A;
new text end
new text begin
(3) the money in the account becomes available to the minor engaged in the work of
content creation upon the minor attaining the age of 18 years or upon a declaration that the
minor is emancipated; and
new text end
new text begin
(4) that the account meets the requirements of chapter 527, the Uniform Transfers to
Minors Act.
new text end
new text begin
(c) If a content creator knowingly or recklessly violates this section, a minor satisfying
the criteria described in subdivision 1 may commence a civil action to enforce the provisions
of this section regarding the trust account. In any action brought in accordance with this
section, the court may award the following damages:
new text end
new text begin
(1) actual damages including any compensation owed under this section;
new text end
new text begin
(2) punitive damages; and
new text end
new text begin
(3) the costs of the action, including attorney fees and litigation costs.
new text end
new text begin
(d) This section does not affect a right or remedy available under any other law of the
state.
new text end
new text begin
(e) Nothing in this section shall be interpreted to have any effect on a party that is neither
the content creator nor the minor who engaged in the work of content creation.
new text end
new text begin Subd. 4. new text end
new text begin Civil cause of action; violations. new text end
new text begin
(a) Along with the civil action provided in
subdivision 3, paragraph (c), the minor may commence a civil action against the content
creator for damages, injunctive relief, and any other relief the court finds just and equitable
to enforce this section.
new text end
new text begin
(b) The attorney general may enforce subdivision 1, pursuant to section 8.31, and may
recover costs and fees.
new text end
new text begin Subd. 5. new text end
new text begin Content removal. new text end
new text begin
Content containing the likeness of a child must be deleted
and removed from any online platform by the individual who posted the content, the account
owner, or another person who has control over the account when the request is made by a
minor age 13 or older whose likeness appears in the content, or by an adult who was under
the age of 18 when their likeness was used in the content.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
ARTICLE 13
HOUSING APPROPRIATIONS
Section 1.
Laws 2023, chapter 37, article 1, section 2, subdivision 1, is amended to read:
Subdivision 1.Total Appropriation
|
$ |
792,098,000 |
$ |
deleted text begin
273,298,000 deleted text end new text begin 223,298,000 new text end |
||
(a) The amounts that may be spent for each
purpose are specified in the following
subdivisions.
(b) Unless otherwise specified, this
appropriation is for transfer to the housing
development fund for the programs specified
in this section. Except as otherwise indicated,
this transfer is part of the agency's permanent
budget base.
Sec. 2.
Laws 2023, chapter 37, article 1, section 2, subdivision 17, is amended to read:
Subd. 17.Housing Infrastructure
|
100,000,000 |
deleted text begin
100,000,000 deleted text end new text begin 60,000,000 new text end |
||||
This appropriation is for the housing
infrastructure program for the eligible
purposes under Minnesota Statutes, section
462A.37, subdivision 2. This is a onetime
appropriation.
Sec. 3.
Laws 2023, chapter 37, article 1, section 2, subdivision 29, is amended to read:
Subd. 29.Community Stabilization
|
45,000,000 |
deleted text begin
45,000,000 deleted text end new text begin 35,000,000 new text end |
||||
This appropriation is for the community
stabilization program. This a onetime
appropriation. Of this amount, $10,000,000 is
for a grant to AEON for Huntington Place.
Sec. 4. new text begin APPROPRIATION; MINNESOTA HOUSING FINANCE AGENCY.
new text end
new text begin
$59,255,000 in fiscal year 2025 is appropriated from the general fund to the commissioner
of the Minnesota Housing Finance Agency. This appropriation is onetime and in addition
to amounts appropriated in 2023. This appropriation is for transfer to the housing
development fund. Of this amount:
new text end
new text begin
(1) $50,000,000 is for the housing affordability preservation investment program;
new text end
new text begin
(2) $8,885,000 is for the family homelessness prevention and assistance program under
Minnesota Statutes, section 462A.204. Notwithstanding Minnesota Statutes, section 16C.06,
$943,000 of this appropriation is allocated to federally recognized American Indian Tribes
located in Minnesota. Notwithstanding procurement provisions outlined in Minnesota
Statutes, section 16C.06, subdivisions 1, 2, and 6, the agency may award grants to existing
program grantees;
new text end
new text begin
(3) $270,000 is for administering the requirements of article 14, sections 18 and 43 to
46; and
new text end
new text begin
(4) $100,000 is for a grant to the Amherst H. Wilder Foundation for the Minnesota
homeless study.
new text end
Sec. 5. new text begin APPROPRIATION; MINNESOTA MANAGEMENT AND BUDGET.
new text end
new text begin
$200,000 in fiscal year 2025 is appropriated from the general fund to the commissioner
of Minnesota Management and Budget for management analysis and development to facilitate
the working group on common interest communities and homeowners associations established
in article 15. This is a onetime appropriation.
new text end
Sec. 6. new text begin APPROPRIATION; SUPREME COURT.
new text end
new text begin
$545,000 in fiscal year 2025 is appropriated from the general fund to the supreme court
for the implementation of Laws 2023, chapter 52, article 19, section 120, as amended in
article 15, section 2. This is a onetime appropriation and is available until June 30, 2026.
new text end
ARTICLE 14
HOUSING POLICY
Section 1.
Minnesota Statutes 2022, section 15.082, is amended to read:
15.082 OBLIGATIONS OF PUBLIC CORPORATIONS.
Notwithstanding any other law, the state is not liable for obligations of a public
corporation created by statute. Upon dissolution of the public corporation, its wholly owned
assets become state property. Partially owned assets become state property to the extent
that state money was used to acquire them.
This section does not apply to a public corporation governed by chapter 119new text begin or section
469.0121new text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2024.
new text end
Sec. 2.
Minnesota Statutes 2022, section 462A.02, subdivision 10, is amended to read:
Subd. 10.
Energy deleted text begin conservationdeleted text end new text begin decarbonization and climate resiliencenew text end .
It is further
declared that supplies of conventional energy resources are rapidly depleting in quantity
and rising in price and that the burden of these occurrences falls heavily upon the citizens
of Minnesota generally and persons of low and moderate income in particular. These
conditions are adverse to the health, welfare, and safety of all of the citizens of this state.
It is further declared that it is a public purpose to ensure the availability of financing to be
used by all citizens of the state, while giving preference to low and moderate income people,
to assist in the installation in their dwellings of reasonably priced energy conserving systems
including the use of alternative energy resources and equipment so that by the improvement
of the energy efficiency deleted text begin ofdeleted text end new text begin , clean energy, greenhouse gas emissions reduction, climate
resiliency, and other qualified projects fornew text end all housing, the adequacy of the total energy
supply may be preserved for the benefit of all citizens.
Sec. 3.
Minnesota Statutes 2022, section 462A.03, is amended by adding a subdivision to
read:
new text begin Subd. 2a. new text end
new text begin Distressed building. new text end
new text begin
"Distressed building" means an existing rental housing
building:
new text end
new text begin
(1) in which the units are restricted to households at or below 60 percent of the area
median income; and
new text end
new text begin
(2) that:
new text end
new text begin
(i) is in foreclosure proceedings;
new text end
new text begin
(ii) has two or more years of negative net operating income;
new text end
new text begin
(iii) has two or more years with a debt service coverage ratio less than one; or
new text end
new text begin
(iv) has necessary costs of repair, replacement, or maintenance that exceed the project
reserves available for those purposes.
new text end
Sec. 4.
Minnesota Statutes 2022, section 462A.03, is amended by adding a subdivision to
read:
new text begin Subd. 6a. new text end
new text begin Recapitalization. new text end
new text begin
"Recapitalization" means financing for the physical and
financial needs of a distressed building, including restructuring and forgiveness of amortizing
and deferred debt, principal and interest paydown, interest rate write-down, deferral of debt
payments, mortgage payment forbearance, deferred maintenance, security services, property
insurance, reasonably necessary capital improvements, funding of reserves for supportive
services, and property operations. Recapitalization may include reimbursement to a nonprofit
sponsor or owner for expenditures that would have otherwise qualified for recapitalization.
new text end
Sec. 5.
Minnesota Statutes 2022, section 462A.05, subdivision 3b, is amended to read:
Subd. 3b.
Refinancing mortgages.
The agency may make loans new text begin for recapitalization or
new text end to refinance the existing indebtedness, of owners of rental property, secured by federally
assisted housing for the purpose of obtaining agreement of the owner to participate in the
federally assisted rental housing program and to extend any existing low-income affordability
restrictions on the housing for the maximum term permitted. For purposes of this subdivision,
"federally assisted rental housing" includes housing that is:
(1) subject to a project-based housing or rental assistance payment contract funded by
the federal government;
(2) financed by the Rural Housing Service of the United States Department of Agriculture
under section 515 of the Housing Act of 1949, as amended; or
(3) financed under section 236; section 221(d)(3) below market interest rate program;
section 202; or section 811 of the Housing and Urban Development Act of 1968, as amended.
Sec. 6.
Minnesota Statutes 2023 Supplement, section 462A.05, subdivision 14, is amended
to read:
Subd. 14.
Rehabilitation loans.
It may agree to purchase, make, or otherwise participate
in the making, and may enter into commitments for the purchase, making, or participation
in the making, of eligible loans for rehabilitation, with terms and conditions as the agency
deems advisable, to persons and families of low and moderate income, and to owners of
existing residential housing for occupancy by such persons and families, for the rehabilitation
of existing residential housing owned by them. Rehabilitation may include the addition or
rehabilitation of a detached accessory dwelling unit. The loans may be insured or uninsured
and may be made with security, or may be unsecured, as the agency deems advisable. The
loans may be in addition to or in combination with long-term eligible mortgage loans under
subdivision 3. They may be made in amounts sufficient to refinance existing indebtedness
secured by the property, if refinancing is determined by the agency to be necessary to permit
the owner to meet the owner's housing cost without expending an unreasonable portion of
the owner's income thereon. No loan for rehabilitation shall be made unless the agency
determines that the loan will be used primarily to make the housing more desirable to live
in, to increase the market value of the housing, for compliance with state, county or municipal
building, housing maintenance, fire, health or similar codes and standards applicable to
housing, or to accomplish energy deleted text begin conservation related improvementsdeleted text end new text begin decarbonization,
climate resiliency, and other qualified projectsnew text end . In unincorporated areas and municipalities
not having codes and standards, the agency may, solely for the purpose of administering
the provisions of this chapter, establish codes and standards. No loan under this subdivision
for the rehabilitation of owner-occupied housing shall be denied solely because the loan
will not be used for placing the owner-occupied residential housing in full compliance with
all state, county, or municipal building, housing maintenance, fire, health, or similar codes
and standards applicable to housing. Rehabilitation loans shall be made only when the
agency determines that financing is not otherwise available, in whole or in part, from private
lenders upon equivalent terms and conditions. Accessibility rehabilitation loans authorized
under this subdivision may be made to eligible persons and families without limitations
relating to the maximum incomes of the borrowers if:
(1) the borrower or a member of the borrower's family requires a level of care provided
in a hospital, skilled nursing facility, or intermediate care facility for persons with
developmental disabilities;
(2) home care is appropriate; and
(3) the improvement will enable the borrower or a member of the borrower's family to
reside in the housing.
The agency may waive any requirement that the housing units in a residential housing
development be rented to persons of low and moderate income if the development consists
of four or fewer dwelling units, one of which is occupied by the owner.
Sec. 7.
Minnesota Statutes 2022, section 462A.05, subdivision 14a, is amended to read:
Subd. 14a.
Rehabilitation loans; existing owner-occupied residential housing.
It may
make loans to persons and families of low and moderate income to rehabilitate or to assist
in rehabilitating existing residential housing owned and occupied by those persons or
families. Rehabilitation may include replacement of manufactured homes. No loan shall be
made unless the agency determines that the loan will be used primarily for rehabilitation
work necessary for health or safety, essential accessibility improvements, or to improve the
energy efficiency deleted text begin ofdeleted text end new text begin , clean energy, greenhouse gas emissions reductions, climate resiliency,
and other qualified projects innew text end the dwelling. No loan for rehabilitation of owner-occupied
residential housing shall be denied solely because the loan will not be used for placing the
residential housing in full compliance with all state, county or municipal building, housing
maintenance, fire, health or similar codes and standards applicable to housing. The amount
of any loan shall not exceed the lesser of (a) a maximum loan amount determined under
rules adopted by the agency not to exceed $37,500, or (b) the actual cost of the work
performed, or (c) that portion of the cost of rehabilitation which the agency determines
cannot otherwise be paid by the person or family without the expenditure of an unreasonable
portion of the income of the person or family. Loans made in whole or in part with federal
funds may exceed the maximum loan amount to the extent necessary to comply with federal
lead abatement requirements prescribed by the funding source. In making loans, the agency
shall determine the circumstances under which and the terms and conditions under which
all or any portion of the loan will be repaid and shall determine the appropriate security for
the repayment of the loan. Loans pursuant to this subdivision may be made with or without
interest or periodic payments.
Sec. 8.
Minnesota Statutes 2022, section 462A.05, subdivision 14b, is amended to read:
Subd. 14b.
Energy deleted text begin conservationdeleted text end new text begin decarbonization and climate resiliencynew text end loans.
It
may agree to purchase, make, or otherwise participate in the making, and may enter into
commitments for the purchase, making, or participating in the making, of loans to persons
and families, without limitations relating to the maximum incomes of the borrowers, to
assist in energy deleted text begin conservation rehabilitation measuresdeleted text end new text begin decarbonization, climate resiliency,
and other qualified projectsnew text end for existing housing owned by those persons or families
including, but not limited to: weatherstripping and caulking; chimney construction or
improvement; furnace or space heater repair, cleaning or replacement; central air conditioner
new text begin installation, new text end repair, maintenance, or replacement; air source or geothermal heat pump
new text begin installation, new text end repair, maintenance, or replacement; insulation; windows and doors; and
structural or other directly related repairs new text begin or installations new text end essential for energy deleted text begin conservationdeleted text end new text begin
decarbonization, climate resiliency, and other qualified projectsnew text end . Loans shall be made only
when the agency determines that financing is not otherwise available, in whole or in part,
from private lenders upon equivalent terms and conditions. Loans under this subdivision
or subdivision 14 may:
(1) be integrated with a utility's on-bill repayment program approved under section
216B.241, subdivision 5d; and
(2) also be made for the installation of on-site solar energy or energy storage systems.
Sec. 9.
Minnesota Statutes 2022, section 462A.05, subdivision 15, is amended to read:
Subd. 15.
Rehabilitation grants.
(a) It may make grants to persons and families of low
and moderate income to pay or to assist in paying a loan made pursuant to subdivision 14,
or to rehabilitate or to assist in rehabilitating existing residential housing owned or occupied
by such persons or families. For the purposes of this section, persons of low and moderate
income include administrators appointed pursuant to section 504B.425, paragraph (d). No
grant shall be made unless the agency determines that the grant will be used primarily to
make the housing more desirable to live in, to increase the market value of the housing or
for compliance with state, county or municipal building, housing maintenance, fire, health
or similar codes and standards applicable to housing, or to accomplish energy deleted text begin conservation
related improvementsdeleted text end new text begin decarbonization, climate resiliency, or other qualified projectsnew text end . In
unincorporated areas and municipalities not having codes and standards, the agency may,
solely for the purpose of administering this provision, establish codes and standards. No
grant for rehabilitation of owner occupied residential housing shall be denied solely because
the grant will not be used for placing the residential housing in full compliance with all
state, county or municipal building, housing maintenance, fire, health or similar codes and
standards applicable to housing. The amount of any grant shall not exceed the lesser of (a)
$6,000, or (b) the actual cost of the work performed, or (c) that portion of the cost of
rehabilitation which the agency determines cannot otherwise be paid by the person or family
without spending an unreasonable portion of the income of the person or family thereon.
In making grants, the agency shall determine the circumstances under which and the terms
and conditions under which all or any portion thereof will be repaid and shall determine the
appropriate security should repayment be required.
(b) The agency may also make grants to rehabilitate or to assist in rehabilitating housing
under this subdivision to persons of low and moderate income for the purpose of qualifying
as foster parents.
Sec. 10.
Minnesota Statutes 2022, section 462A.05, subdivision 15b, is amended to read:
Subd. 15b.
Energy deleted text begin conservationdeleted text end new text begin decarbonization and climate resiliencynew text end grants.
(a)
It may make grants to assist in energy deleted text begin conservation rehabilitation measuresdeleted text end new text begin decarbonization,
climate resiliency, and other qualified projectsnew text end for existing owner occupied housing including,
but not limited to: insulation, storm windows and doors, furnace or space heater repair,
cleaning or replacement, chimney construction or improvement, weatherstripping and
caulking, deleted text begin anddeleted text end structural or other directly related repairsnew text begin , or installationsnew text end essential for energy
deleted text begin conservationdeleted text end new text begin decarbonization, climate resiliency, and other qualified projectsnew text end . The grant to
any household shall not exceed $2,000.
(b) To be eligible for an emergency energy deleted text begin conservationdeleted text end new text begin decarbonization and climate
resiliencynew text end grant, a household must be certified as eligible to receive emergency residential
heating assistance under either the federal or the state program, and either (1) have had a
heating cost for the preceding heating season that exceeded 120 percent of the regional
average for the preceding heating season for that energy source as determined by the
commissioner of employment and economic development, or (2) be eligible to receive a
federal energy conservation grant, but be precluded from receiving the grant because of a
need for directly related repairs that cannot be paid for under the federal program. The
Housing Finance Agency shall make a reasonable effort to determine whether other state
or federal loan and grant programs are available and adequate to finance the intended
improvements. An emergency energy conservation grant may be made in conjunction with
grants or loans from other state or federal programs that finance other needed rehabilitation
work. The receipt of a grant pursuant to this section shall not affect the applicant's eligibility
for other Housing Finance Agency loan or grant programs.
Sec. 11.
Minnesota Statutes 2022, section 462A.05, subdivision 21, is amended to read:
Subd. 21.
Rental property loans.
The agency may make or purchase loans to owners
of rental property that is occupied or intended for occupancy primarily by low- and
moderate-income tenants and which does not comply with the standards established in
section 326B.106, subdivision 1, for the purpose of energy deleted text begin improvementsdeleted text end new text begin decarbonization,
climate resiliency, and other qualified projectsnew text end necessary to bring the property into full or
partial compliance with these standards. For property which meets the other requirements
of this subdivision, a loan may also be used for moderate rehabilitation of the property. The
authority granted in this subdivision is in addition to and not in limitation of any other
authority granted to the agency in this chapter. The limitations on eligible mortgagors
contained in section 462A.03, subdivision 13, do not apply to loans under this subdivision.
Loans for the improvement of rental property pursuant to this subdivision may contain
provisions that repayment is not required in whole or in part subject to terms and conditions
determined by the agency to be necessary and desirable to encourage owners to maximize
rehabilitation of properties.
Sec. 12.
Minnesota Statutes 2022, section 462A.05, subdivision 23, is amended to read:
Subd. 23.
Insuring financial institution loans.
The agency may participate in loans or
establish a fund to insure loans, or portions of loans, that are made by any banking institution,
savings association, or other lender approved by the agency, organized under the laws of
this or any other state or of the United States having an office in this state, to owners of
renter-occupied homes or apartments that do not comply with standards set forth in section
326B.106, subdivision 1, without limitations relating to the maximum incomes of the owners
or tenants. The proceeds of the insured portion of the loan must be used to pay the costs of
improvements, including all related structural and other improvements, that will reduce
energy consumptionnew text begin , that will decarbonize, and that will ensure the climate resiliency of
housingnew text end .
Sec. 13.
Minnesota Statutes 2023 Supplement, section 462A.05, subdivision 45, is amended
to read:
Subd. 45.
Indian Tribes.
Notwithstanding any other provision in this chapter, at its
discretion the agency may make any federally recognized Indian Tribe in Minnesota, or
their associated Tribally Designated Housing Entity (TDHE) as defined by United States
Code, title 25, section 4103(22), eligible for new text begin agency new text end funding deleted text begin authorized under this chapterdeleted text end .
Sec. 14.
new text begin
[462A.051] WAGE THEFT PREVENTION AND USE OF RESPONSIBLE
CONTRACTORS.
new text end
new text begin Subdivision 1. new text end
new text begin Application. new text end
new text begin
This section applies to all forms of financial assistance
provided by the Minnesota Housing Finance Agency, as well as the allocation of federal
low-income housing credits, for the development, construction, rehabilitation, renovation,
or retrofitting of multiunit residential housing, including loans, grants, tax credits, loan
guarantees, loan insurance, and other financial assistance.
new text end
new text begin Subd. 2. new text end
new text begin Disclosures. new text end
new text begin
An applicant for financial assistance under this chapter shall
disclose in the application any conviction, court judgment, agency determination, legal
settlement, ongoing criminal or civil investigation, or lawsuit involving alleged violations
of sections 177.24, 177.25, 177.32, 177.41 to 177.44, 181.03, 181.101, 181.13, 181.14,
181.722, 181.723, 181A.01 to 181A.12, or 609.52, subdivision 2, paragraph (a), clause (19),
or United States Code, title 29, sections 201 to 219, or title 40, sections 3141 to 3148, arising
or occurring within the preceding five years on a construction project owned or managed
by the developer or owner of the proposed project, the intended general contractor for the
proposed project, or any of their respective parent companies, subsidiaries, or other affiliated
companies. An applicant for financial assistance shall make the disclosures required by this
subdivision available within 14 calendar days to any member of the public who submits a
request by mail or electronic correspondence. The applicant shall designate a public
information officer who will serve as a point of contact for public inquiries.
new text end
new text begin Subd. 3. new text end
new text begin Responsible contractors required. new text end
new text begin
As a condition of receiving financial
assistance, the applicant shall verify that every contractor or subcontractor of any tier
performing work on the proposed project meets the minimum criteria to be a responsible
contractor under section 16C.285, subdivision 3. This verification must meet the criteria
defined in section 16C.285, subdivision 4.
new text end
new text begin Subd. 4. new text end
new text begin Certified contractor lists. new text end
new text begin
As a condition of receiving financial assistance, the
applicant shall have available at the development site main office a list of every contractor
and subcontractor of any tier that performs work or is expected to perform work on the
proposed project, as described in section 16C.285, subdivision 5, including the following
information for each contractor and subcontractor: business name, scope of work, Department
of Labor and Industry registration number, business name of the entity contracting its
services, business telephone number and email address, and actual or anticipated number
of workers on the project. The applicant shall establish the initial contractor list 30 days
before the start of construction and shall update the list each month thereafter until
construction is complete. The applicant shall post the contractor list in a conspicuous location
at the project site and make the contractor list available to members of the public upon
request.
new text end
new text begin Subd. 5. new text end
new text begin Wage theft remedy. new text end
new text begin
If any contractor or subcontractor of any tier is found to
have failed to pay statutorily required wages under section 609.52, subdivision 1, clause
(13), on a project receiving financial assistance or an allocation of federal low-income
housing tax credits from or through the agency, the recipient is responsible for correcting
the violation.
new text end
new text begin Subd. 6. new text end
new text begin Wage theft prevention plans; disqualification. new text end
new text begin
(a) If any contractor or
subcontractor of any tier fails to pay statutorily required wages on a project receiving
financial assistance from or through the agency as determined by an enforcement entity,
the recipient must have a wage theft prevention plan to be eligible for further financial
assistance from the agency. The project developer's wage theft prevention plan must describe
detailed measures that the project developer and its general contractor have taken and are
committed to take to prevent wage theft on the project, including provisions in any
construction contracts and subcontracts on the project. The plan must be submitted to the
Department of Labor and Industry who will review the plan. The Department of Labor and
Industry may require the project developer to amend the plan or adopt policies or protocols
in the plan. Once approved by the Department of Labor and Industry, the wage theft
prevention plan must be submitted by the project developer to the agency with any subsequent
application for financial assistance from the agency. Such wage theft prevention plans shall
be made available to members of the public by the agency upon request.
new text end
new text begin
(b) A developer is disqualified from receiving financial assistance from or through the
agency for three years if any of the developer's contractors or subcontractors of any tier are
found by an enforcement agency to have, within three years after entering into a wage theft
prevention plan under paragraph (a), failed to pay statutorily required wages on a project
receiving financial assistance from or through the agency for a total underpayment of $25,000
or more.
new text end
new text begin Subd. 7. new text end
new text begin Enforcement. new text end
new text begin
The agency may deny an application for financial assistance
that does not comply with this section or if the applicant refuses to enter into the agreements
required by this section. The agency may withhold financial assistance that has been
previously approved if the agency determines that the applicant has engaged in unacceptable
practices by failing to comply with this section until the violation is cured.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for financial assistance provided after
August 1, 2024, except Minnesota Statutes, section 462A.051, subdivision 2, does not apply
to requests for proposals that were initiated prior to August 1, 2024.
new text end
Sec. 15.
Minnesota Statutes 2022, section 462A.07, is amended by adding a subdivision
to read:
new text begin Subd. 18. new text end
new text begin Rent and income limits. new text end
new text begin
Notwithstanding any law to the contrary, to promote
efficiency in program administration, underwriting, and compliance, the commissioner may
adjust income or rent limits for any multifamily capital funding program authorized under
state law to align with federal rent or income limits in sections 42 and 142 of the Internal
Revenue Code of 1986, as amended. Adjustments made under this subdivision are exempt
from the rulemaking requirements of chapter 14.
new text end
Sec. 16.
Minnesota Statutes 2022, section 462A.07, is amended by adding a subdivision
to read:
new text begin Subd. 19. new text end
new text begin Eligibility for agency programs. new text end
new text begin
The agency may determine that a household
or project unit meets the rent or income requirements for a program if the household or unit
receives or participates in income-based state or federal public assistance benefits, including
but not limited to:
new text end
new text begin
(1) child care assistance programs under chapter 119B;
new text end
new text begin
(2) general assistance, Minnesota supplemental aid, or food support under chapter 256D;
new text end
new text begin
(3) housing support under chapter 256I;
new text end
new text begin
(4) Minnesota family investment program and diversionary work program under chapter
256J; and
new text end
new text begin
(5) economic assistance programs under chapter 256P.
new text end
Sec. 17.
Minnesota Statutes 2022, section 462A.202, subdivision 3a, is amended to read:
Subd. 3a.
Permanent rental housing.
The agency may make loans, with or without
interest, to cities and counties to finance the construction, acquisition, or rehabilitation of
affordable, permanent, publicly owned rental housingnew text begin , including housing owned by a public
corporation created pursuant to section 469.0121new text end . Loans made under this subdivision are
subject to the restrictions of subdivision 7. In making loans under this subdivision, the
agency shall give priority to projects that increase the supply of affordable family housing.
Sec. 18.
new text begin
[462A.2096] ANNUAL PROJECTION OF EMERGENCY RENTAL
ASSISTANCE NEEDS.
new text end
new text begin
The agency must develop a projection of emergency rental assistance needs in
consultation with the commissioner of human services and representatives from county and
Tribal housing administrators and housing nonprofit agencies. The projection must identify
the amount of funding required to meet all emergency rental assistance needs, including
the family homelessness prevention and assistance program, the emergency assistance
program, and emergency general assistance. By January 15 each year, the commissioner
must submit a report on the projected need for emergency rental assistance to the chairs and
ranking minority members of the legislative committees having jurisdiction over housing
and human services finance and policy.
new text end
Sec. 19.
Minnesota Statutes 2022, section 462A.21, subdivision 7, is amended to read:
Subd. 7.
Energy efficiency loans.
The agency may make loans to low and moderate
income persons who own existing residential housing for the purpose of improving the
deleted text begin efficientdeleted text end energy deleted text begin utilizationdeleted text end new text begin decarbonization and climate resiliencynew text end of the housing. Permitted
improvements shall include installation or upgrading of ceiling, wall, floor and duct
insulation, storm windows and doors, and caulking and weatherstripping. The improvements
shall not be inconsistent with the energy standards as promulgated as part of the State
Building Code; provided that the improvements need not bring the housing into full
compliance with the energy standards. Any loan for such purpose shall be made only upon
determination by the agency that such loan is not otherwise available, wholly or in part,
from private lenders upon equivalent terms and conditions. The agency may promulgate
rules as necessary to implement and make specific the provisions of this subdivision. The
rules shall be designed to permit the state, to the extent not inconsistent with this chapter,
to seek federal grants or loans for energy deleted text begin purposesdeleted text end new text begin decarbonization, climate resiliency, and
other qualified projectsnew text end .
Sec. 20.
Minnesota Statutes 2022, section 462A.21, subdivision 8b, is amended to read:
Subd. 8b.
Family rental housing.
It may establish a family rental housing assistance
program to provide loans or direct rental subsidies for housing for families with incomes
of up to 80 percent of state median income, or to provide grants for the operating cost of
public housing. Priority must be given to those developments with resident families with
the lowest income. The development may be financed by the agency or other public or
private lenders. Direct rental subsidies must be administered by the agency for the benefit
of eligible families. Financial assistance provided under this subdivision to recipients of aid
to families with dependent children must be in the form of vendor payments whenever
possible. Loans, grants, and direct rental subsidies under this subdivision may be made only
with specific appropriations by the legislature. The limitations on eligible mortgagors
contained in section 462A.03, subdivision 13, do not apply to loans for the new text begin recapitalization
or new text end rehabilitation of existing housing under this subdivision.
Sec. 21.
Minnesota Statutes 2023 Supplement, section 462A.22, subdivision 1, is amended
to read:
Subdivision 1.
Debt ceiling.
The aggregate principal amount of general obligation bonds
and notes which are outstanding at any time, excluding the principal amount of any bonds
and notes refunded by the issuance of new bonds or notes, shall not exceed the sum of
deleted text begin $5,000,000,000deleted text end new text begin $7,000,000,000new text end .
Sec. 22.
Minnesota Statutes 2022, section 462A.222, is amended by adding a subdivision
to read:
new text begin Subd. 5. new text end
new text begin Limitation on rental increases. new text end
new text begin
(a) This subdivision applies to any project
that is restricted to seniors, as defined by section 462A.37, subdivision 1, paragraph (h),
and that receives low-income housing tax credits provided under section 42 of the Internal
Revenue Code of 1986, as amended. The rent in a project may not increase in any 12-month
period by a percentage more than the greater of:
new text end
new text begin
(1) the percentage that benefit amounts for Social Security or Supplemental Security
Income recipients were increased pursuant to United States Code, title 42, sections 415(i)
and 1382f, in the preceding 12-month period; or
new text end
new text begin
(2) zero percent.
new text end
new text begin
(b) This subdivision does not apply to projects owned by a nonprofit entity or to a unit
occupied by an individual receiving ongoing government-subsidized rental assistance.
new text end
Sec. 23.
Minnesota Statutes 2022, section 462A.35, subdivision 2, is amended to read:
Subd. 2.
Expending funds.
The agency may expend the money in the Minnesota
manufactured home relocation trust fund to the extent necessary to carry out the objectives
of section 327C.095, subdivision 13, by making payments to manufactured home owners,
or other parties approved by the third-party neutral, under subdivision 13, paragraphs (a)
and (e), and to pay the costs of administering the fund. Money in the fund is appropriated
to the agency for these purposes and deleted text begin to the commissioner of management and budgetdeleted text end to pay
costs incurred deleted text begin by the commissioner of management and budgetdeleted text end to administer the fund.
Sec. 24.
Minnesota Statutes 2023 Supplement, section 462A.37, subdivision 2, is amended
to read:
Subd. 2.
Authorization.
(a) The agency may issue up to $30,000,000 in aggregate
principal amount of housing infrastructure bonds in one or more series to which the payment
made under this section may be pledged. The housing infrastructure bonds authorized in
this subdivision may be issued to fund loans, or grants for the purposes of clauses (4) and
(7), on terms and conditions the agency deems appropriate, made for one or more of the
following purposes:
(1) to finance the costs of the construction, acquisition,new text begin recapitalization,new text end and rehabilitation
of supportive housingnew text begin where at least 50 percent of units are set asidenew text end for individuals and
families who are without a permanent residence;
(2) to finance the costs of the acquisition and rehabilitation of foreclosed or abandoned
housing to be used for affordable rental housingnew text begin or for affordable home ownershipnew text end and the
costs of new construction of rental housing on abandoned or foreclosed property where the
existing structures will be demolished or removed;
(3) to finance that portion of the costs of acquisition of property that is attributable to
the land to be leased by community land trusts to low- and moderate-income home buyers;
(4) to finance the acquisition, improvement, and infrastructure of manufactured home
parks under section 462A.2035, subdivision 1b;
(5) to finance the costs of acquisition, rehabilitation, adaptive reuse,new text begin recapitalization,new text end or
new construction of senior housing;
(6) to finance the costs of acquisition, rehabilitation,new text begin recapitalization,new text end and replacement
of federally assisted rental housing and for the refinancing of costs of the construction,
acquisition, and rehabilitation of federally assisted rental housing, including providing funds
to refund, in whole or in part, outstanding bonds previously issued by the agency or another
government unit to finance or refinance such costs;
(7) to finance the costs of acquisition, rehabilitation, adaptive reuse, or new construction
of single-family housing; deleted text begin and
deleted text end
(8) to finance the costs of construction, acquisition,new text begin recapitalization,new text end and rehabilitation
of permanent housing that is affordable to households with incomes at or below 50 percent
of the area median income for the applicable county or metropolitan area as published by
the Department of Housing and Urban Development, as adjusted for household sizenew text begin ;
new text end
new text begin
(9) to finance the recapitalization of a distressed building; and
new text end
new text begin (10) to finance the costs of construction, acquisition, recapitalization, rehabilitation,
conversion, and development of cooperatively owned housing created under chapter 308A
or 308B that is affordable to low- and moderate-income householdsnew text end .
(b) Among comparable proposals for permanent supportive housing, preference shall
be given to permanent supportive housing for veterans and other individuals or families
who:
(1) either have been without a permanent residence for at least 12 months or at least four
times in the last three years; or
(2) are at significant risk of lacking a permanent residence for 12 months or at least four
times in the last three years.
(c) Among comparable proposals for senior housing, the agency must give priority to
requests for projects that:
(1) demonstrate a commitment to maintaining the housing financed as affordable to
senior households;
(2) leverage other sources of funding to finance the project, including the use of
low-income housing tax credits;
(3) provide access to services to residents and demonstrate the ability to increase physical
supports and support services as residents age and experience increasing levels of disability;
and
(4) include households with incomes that do not exceed 30 percent of the median
household income for the metropolitan area.
(d) To the extent practicable, the agency shall balance the loans made between projects
in the metropolitan area and projects outside the metropolitan area. Of the loans made to
projects outside the metropolitan area, the agency shall, to the extent practicable, balance
the loans made between projects in counties or cities with a population of 20,000 or less,
as established by the most recent decennial census, and projects in counties or cities with
populations in excess of 20,000.
(e) Among comparable proposals for permanent housing, the agency must give preference
to projects that will provide housing that is affordable to households at or below 30 percent
of the area median income.
(f) If a loan recipient uses the loan for new construction or substantial rehabilitation as
defined by the agency on a building containing more than four units, the loan recipient must
construct, convert, or otherwise adapt the building to include:
(1) the greater of: (i) at least one unit; or (ii) at least five percent of units that are
accessible units, as defined by section 1002 of the current State Building Code Accessibility
Provisions for Dwelling Units in Minnesota, and include at least one roll-in showernew text begin in at
least one accessible unit as defined by section 1002 of the current State Building Code
Accessibility Provisions for Dwelling Units in Minnesotanew text end ; and
(2) the greater of: (i) at least one unit; or (ii) at least five percent of units that are
sensory-accessible units that include:
(A) soundproofing between shared walls for first and second floor units;
(B) no florescent lighting in units and common areas;
(C) low-fume paint;
(D) low-chemical carpet; and
(E) low-chemical carpet glue in units and common areas.
Nothing in this paragraph relieves a project funded by the agency from meeting other
applicable accessibility requirements.
Sec. 25.
Minnesota Statutes 2022, section 462A.37, is amended by adding a subdivision
to read:
new text begin Subd. 2j. new text end
new text begin Additional authorization. new text end
new text begin
In addition to the amount authorized in subdivisions
2 to 2i, the agency may issue up to $50,000,000.
new text end
Sec. 26.
Minnesota Statutes 2023 Supplement, section 462A.37, subdivision 5, is amended
to read:
Subd. 5.
Additional appropriation.
(a) The agency must certify annually to the
commissioner of management and budget the actual amount of annual debt service on each
series of bonds issued under this section.
(b) Each July 15, beginning in 2015 and through 2037, if any housing infrastructure
bonds issued under subdivision 2a, or housing infrastructure bonds issued to refund those
bonds, remain outstanding, the commissioner of management and budget must transfer to
the housing infrastructure bond account established under section 462A.21, subdivision 33,
the amount certified under paragraph (a), not to exceed $6,400,000 annually. The amounts
necessary to make the transfers are appropriated from the general fund to the commissioner
of management and budget.
(c) Each July 15, beginning in 2017 and through 2038, if any housing infrastructure
bonds issued under subdivision 2b, or housing infrastructure bonds issued to refund those
bonds, remain outstanding, the commissioner of management and budget must transfer to
the housing infrastructure bond account established under section 462A.21, subdivision 33,
the amount certified under paragraph (a), not to exceed $800,000 annually. The amounts
necessary to make the transfers are appropriated from the general fund to the commissioner
of management and budget.
(d) Each July 15, beginning in 2019 and through 2040, if any housing infrastructure
bonds issued under subdivision 2c, or housing infrastructure bonds issued to refund those
bonds, remain outstanding, the commissioner of management and budget must transfer to
the housing infrastructure bond account established under section 462A.21, subdivision 33,
the amount certified under paragraph (a), not to exceed $2,800,000 annually. The amounts
necessary to make the transfers are appropriated from the general fund to the commissioner
of management and budget.
(e) Each July 15, beginning in 2020 and through 2041, if any housing infrastructure
bonds issued under subdivision 2d, or housing infrastructure bonds issued to refund those
bonds, remain outstanding, the commissioner of management and budget must transfer to
the housing infrastructure bond account established under section 462A.21, subdivision 33,
the amount certified under paragraph (a). The amounts necessary to make the transfers are
appropriated from the general fund to the commissioner of management and budget.
(f) Each July 15, beginning in 2020 and through 2041, if any housing infrastructure
bonds issued under subdivision 2e, or housing infrastructure bonds issued to refund those
bonds, remain outstanding, the commissioner of management and budget must transfer to
the housing infrastructure bond account established under section 462A.21, subdivision 33,
the amount certified under paragraph (a). The amounts necessary to make the transfers are
appropriated from the general fund to the commissioner of management and budget.
(g) Each July 15, beginning in 2022 and through 2043, if any housing infrastructure
bonds issued under subdivision 2f, or housing infrastructure bonds issued to refund those
bonds, remain outstanding, the commissioner of management and budget must transfer to
the housing infrastructure bond account established under section 462A.21, subdivision 33,
the amount certified under paragraph (a). The amounts necessary to make the transfers are
appropriated from the general fund to the commissioner of management and budget.
(h) Each July 15, beginning in 2022 and through 2043, if any housing infrastructure
bonds issued under subdivision 2g, or housing infrastructure bonds issued to refund those
bonds, remain outstanding, the commissioner of management and budget must transfer to
the housing infrastructure bond account established under section 462A.21, subdivision 33,
the amount certified under paragraph (a). The amounts necessary to make the transfers are
appropriated from the general fund to the commissioner of management and budget.
(i) Each July 15, beginning in 2023 and through 2044, if any housing infrastructure
bonds issued under subdivision 2h, or housing infrastructure bonds issued to refund those
bonds, remain outstanding, the commissioner of management and budget must transfer to
the housing infrastructure bond account established under section 462A.21, subdivision 33,
the amount certified under paragraph (a). The amounts necessary to make the transfers are
appropriated from the general fund to the commissioner of management and budget.
new text begin
(j) Each July 15, beginning in 2026 and through 2047, if any housing infrastructure
bonds issued under subdivision 2j, or housing infrastructure bonds issued to refund those
bonds, remain outstanding, the commissioner of management and budget must transfer to
the housing infrastructure bond account established under section 462A.21, subdivision 33,
the amount certified under paragraph (a). The amounts necessary to make the transfers are
appropriated from the general fund to the commissioner of management and budget.
new text end
deleted text begin (j)deleted text end new text begin (k) new text end The agency may pledge to the payment of the housing infrastructure bonds the
payments to be made by the state under this section.
Sec. 27.
Minnesota Statutes 2023 Supplement, section 462A.39, subdivision 2, is amended
to read:
Subd. 2.
Definitions.
(a) For purposes of this section, the following terms have the
meanings given.
(b) "Eligible project area" means a home rule charter or statutory city located outside
of a metropolitan county as defined in section 473.121, subdivision 4deleted text begin , with a population
exceeding 500; a community that has a combined population of 1,500 residents located
within 15 miles of a home rule charter or statutory city located outside a metropolitan county
as defined in section 473.121, subdivision 4deleted text end ; federally recognized Tribal reservations; or
an area served by a joint county-city economic development authority.
(c) "Joint county-city economic development authority" means an economic development
authority formed under Laws 1988, chapter 516, section 1, as a joint partnership between
a city and county and excluding those established by the county only.
(d) "Market rate residential rental properties" means properties that are rented at market
value, including new modular homes, new manufactured homes, and new manufactured
homes on leased land or in a manufactured home park, and may include rental developments
that have a portion of income-restricted units.
(e) "Qualified expenditure" means expenditures for market rate residential rental
properties including acquisition of property; construction of improvements; and provisions
of loans or subsidies, grants, interest rate subsidies, public infrastructure, and related financing
costs.
Sec. 28.
Minnesota Statutes 2022, section 462A.40, subdivision 2, is amended to read:
Subd. 2.
Use of funds; grant and loan program.
(a) The agency may award grants and
loans to be used for multifamily and single family developments for persons and families
of low and moderate income. Allowable use of the funds include: gap financing, as defined
in section 462A.33, subdivision 1; new construction; acquisition; rehabilitation; demolition
or removal of existing structures; construction financing; permanent financing; interest rate
reduction; and refinancing.
(b) The agency may give preference for grants and loans to comparable proposals that
include regulatory changes or waivers that result in identifiable cost avoidance or cost
reductions, including but not limited to increased density, flexibility in site development
standards, or zoning code requirements.
deleted text begin
(c) The agency shall separately set aside:
deleted text end
deleted text begin
(1) at least ten percent of the financing under this section for housing units located in a
township or city with a population of 2,500 or less that is located outside the metropolitan
area, as defined in section 473.121, subdivision 2;
deleted text end
deleted text begin
(2) at least 35 percent of the financing under this section for housing for persons and
families whose income is 50 percent or less of the area median income for the applicable
county or metropolitan area as published by the Department of Housing and Urban
Development, as adjusted for household size; and
deleted text end
deleted text begin
(3) at least 25 percent of the financing under this section for single-family housing.
deleted text end
deleted text begin
(d) If by September 1 of each year the agency does not receive requests to use all of the
amounts set aside under paragraph (c), the agency may use any remaining financing for
other projects eligible under this section.
deleted text end
Sec. 29.
Minnesota Statutes 2022, section 462A.40, subdivision 3, is amended to read:
Subd. 3.
Eligible recipients; definitions; restrictions; use of funds.
(a) The agency
may award new text begin a grant or new text end a loan to any recipient that qualifies under subdivision 2. The agency
must not award a grant new text begin or a loan new text end to a disqualified individual or disqualified business.
(b) For the purposes of this subdivision disqualified individual means deleted text begin an individual whodeleted text end :
(1) new text begin an individual who or an individual whose immediate family member new text end made a
contribution to the account in the current or prior taxable year and received a credit certificate;
(2) new text begin an individual who or an individual whose immediate family member new text end owns the housing
for which the grant or loan will be used deleted text begin and is using that housing as their domiciledeleted text end ;
(3) new text begin an individual who new text end meets the following criteria:
(i) the individual is an officer or principal of a business entity; and
(ii) that business entity made a contribution to the account in the current or previous
taxable year and received a credit certificate; or
(4) new text begin an individual who new text end meets the following criteria:
(i) the individual new text begin directly new text end owns, controls, or holds the power to vote 20 percent or more
of the outstanding securities of a business entity; and
(ii) that business entity made a contribution to the account in the current or previous
taxable year and received a credit certificate.
(c) For the purposes of this subdivision disqualified business means a business entity
that:
(1) made a contribution to the account in the current or prior taxable year and received
a credit certificate;
(2) has an officer or principal who is an individual who made a contribution to the
account in the current or previous taxable year and received a credit certificate; or
(3) meets the following criteria:
(i) the business entity is new text begin directly new text end owned, controlled, or is subject to the power to vote 20
percent or more of the outstanding securities by an individual or business entity; and
(ii) that controlling individual or business entity made a contribution to the account in
the current or previous taxable year and received a credit certificate.
(d) deleted text begin The disqualifications in paragraphs (b) and (c) apply if the taxpayer would be
disqualified either individually or in combination with one or more members of the taxpayer's
family, as defined in the Internal Revenue Code, section 267(c)(4).deleted text end new text begin For purposes of this
subdivision, "immediate family" means the taxpayer's spouse, parent or parent's spouse,
sibling or sibling's spouse, or child or child's spouse.new text end For a married couple filing a joint
return, the limitations in this deleted text begin paragraphdeleted text end new text begin subdivisionnew text end apply collectively to the taxpayer and
spouse. deleted text begin For purposes of determining the ownership interest of a taxpayer under paragraph
(a), clause (4), the rules under sections 267(c) and 267(e) of the Internal Revenue Code
apply.
deleted text end
(e) Before applying for a grant or loan, all recipients must sign a disclosure that the
disqualifications under this subdivision do not apply. The Minnesota Housing Finance
Agency must prescribe the form of the disclosure.new text begin The Minnesota Housing Finance Agency
may rely on the disclosure to determine the eligibility of recipients under paragraph (a).
new text end
(f) The agency may award grants or loans to a city as defined in section 462A.03,
subdivision 21; a federally recognized American Indian tribe or subdivision located in
Minnesota; a tribal housing corporation; a private developer; a nonprofit organization; a
housing and redevelopment authority under sections 469.001 to 469.047; a public housing
authority or agency authorized by law to exercise any of the powers granted by sections
469.001 to 469.047; or the owner of the housing. The provisions of subdivision 2, and
paragraphs (a) to (e) and (g) of this subdivision, regarding the use of funds and eligible
recipients apply to grants and loans awarded under this paragraph.
(g) deleted text begin Except for the set-aside provided in subdivision 2, paragraph (d),deleted text end Eligible recipients
must use the funds to serve households that meet the income limits as provided in section
462A.33, subdivision 5.
Sec. 30.
Minnesota Statutes 2022, section 462C.02, subdivision 6, is amended to read:
Subd. 6.
City.
"City" means any statutory or home rule charter city, a county housing
and redevelopment authority created by special law or authorized by its county to exercise
its powers pursuant to section 469.004, or any public body which (a) is the housing and
redevelopment authority in and for a statutory or home rule charter city, the port authority
of a statutory or home rule charter city, deleted text begin ordeleted text end an economic development authority of a city
established under sections 469.090 to 469.108, new text begin or a public corporation created pursuant to
section 469.0121, new text end and (b) is authorized by ordinance to exercise, on behalf of a statutory or
home rule charter city, the powers conferred by sections 462C.01 to 462C.10.
Sec. 31.
Minnesota Statutes 2022, section 469.012, subdivision 2j, is amended to read:
Subd. 2j.
May be in LLP, LLC, or corporation; bound as if HRA.
new text begin (a) new text end An authority
may become a member or shareholder in and enter into or form limited partnerships, limited
liability companies, or corporations for the purpose of developing, constructing, rehabilitating,
managing, supporting, or preserving housing projects and housing development projects,
including low-income housing tax credit projects. These limited partnerships, limited liability
companies, or corporations are subject to all of the provisions of sections 469.001 to 469.047
and other laws that apply to housing and redevelopment authorities, as if the limited
partnership, limited liability company, or corporation were a housing and redevelopment
authority.
new text begin
(b) An authority may create a public corporation in accordance with section 469.0121
for the purpose of purchasing, owning, and operating real property converted through the
federal Rental Assistance Demonstration program under Public Law 112-55, as amended.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2024.
new text end
Sec. 32.
new text begin
[469.0121] PUBLIC CORPORATION; RENTAL ASSISTANCE
DEMONSTRATION PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For the purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "Authority" has the meaning given under section 469.002, subdivision 2.
new text end
new text begin
(c) "Board" means the board of directors of a corporation created under this section.
new text end
new text begin
(d) "Corporation" means a public corporation created under this section.
new text end
new text begin
(e) "RAD" means the federal Rental Assistance Demonstration program under Public
Law 112-55, as amended.
new text end
new text begin Subd. 2. new text end
new text begin Public corporation created. new text end
new text begin
An authority may create a public corporation to
purchase, own, and operate real property that has been converted through RAD to preserve
and improve public housing properties. A public corporation created under this section is
also a political subdivision of the state and is limited to the powers in this section.
new text end
new text begin Subd. 3. new text end
new text begin Corporation powers. new text end
new text begin
(a) The corporation has the following general powers:
new text end
new text begin
(1) to have succession until dissolved by law;
new text end
new text begin
(2) to sue and be sued in its corporate name;
new text end
new text begin
(3) to adopt, alter, and use a corporate seal which shall be judicially noticed;
new text end
new text begin
(4) to accept, hold, and administer gifts and bequests of money, securities, or other
personal property of whatsoever character, absolutely or in trust, for the purposes for which
the corporation is created. Unless otherwise restricted by the terms of the gift or bequest,
the corporation is authorized to sell, exchange, or otherwise dispose of and to invest or
reinvest in such investments as it may determine from time to time the money, securities,
or other property given or bequeathed to it. The principal of such corporate funds and the
income therefrom, and all other revenues received by it from any source whatsoever shall
be placed in such depositories as the board of directors shall determine and shall be subject
to expenditure for corporate purposes;
new text end
new text begin
(5) to enter into contracts generally and to execute all instruments necessary or appropriate
to carry out its corporate purposes;
new text end
new text begin
(6) to appoint and prescribe the duties of officers, agents, and employees as may be
necessary to carry out its work and to compensate them;
new text end
new text begin
(7) to purchase all supplies and materials necessary for carrying out its purposes;
new text end
new text begin
(8) to accept from the United States or the state of Minnesota, or any of their agencies,
money or other assistance whether by gift, loan, or otherwise to carry out its corporate
purposes, and enter into such contracts with the United States or the state of Minnesota, or
any of the agencies of either, or with any of the political subdivisions of the state, as it may
deem proper and consistent with the purposes of this section;
new text end
new text begin
(9) to contract and make cooperative agreements with federal, state, and municipal
departments and agencies and private corporations, associations, and individuals for the use
of the corporation property, including but not limited to rental agreements; and
new text end
new text begin
(10) to acquire real or personal property or any interest therein in any manner authorized
under section 469.012, subdivision 1g, including by the exercise of eminent domain.
new text end
new text begin
(b) A corporation may acquire properties converted under RAD, subject to restrictions
and conditions compatible with funding acquisitions of and improvements to real property
with state general obligation bond proceeds. The commissioner of management and budget
must determine the necessary restrictions and conditions under this paragraph.
new text end
new text begin Subd. 4. new text end
new text begin Board of directors. new text end
new text begin
(a) A corporation is governed by a board of directors as
follows:
new text end
new text begin
(1) a member of the city council from the city in which the corporation is incorporated;
and
new text end
new text begin
(2) a commissioner of the authority that created the corporation.
new text end
new text begin
(b) The term of a director is six years. Two members of the initial board of directors
must be appointed for terms of four years, and one for a term of two years.
new text end
new text begin
(c) Vacancies on the board must be filled by the authority.
new text end
new text begin
(d) Board members must not be compensated for their service as board members other
than to be reimbursed for reasonable expenses incurred in connection with their duties as
board members. Reimbursement shall be reviewed each year by the state auditor.
new text end
new text begin
(e) The board must annually elect from among its members a chair and other officers
necessary for the performance of its duties.
new text end
new text begin Subd. 5. new text end
new text begin Bylaws. new text end
new text begin
The board of directors must adopt bylaws and rules as it deems
necessary for the administration of its functions and the accomplishment of its purpose,
including among other matters the establishment of a business office and the rules, the use
of the project-based rental assistance properties, and the administration of corporation funds.
new text end
new text begin Subd. 6. new text end
new text begin Place of business. new text end
new text begin
The board must locate and maintain the corporation's place
of business in the city in which the authority that created the corporation is located.
new text end
new text begin Subd. 7. new text end
new text begin Open meetings; data practices. new text end
new text begin
Meetings of the board are subject to chapter
13D and meetings of the board conducted by interactive technology are subject to section
13D.02. The board is subject to chapter 13, the Minnesota Government Data Practices Act,
and shall protect from unlawful disclosure data classified as not public.
new text end
new text begin Subd. 8. new text end
new text begin Compliance. new text end
new text begin
The corporation must comply with all federal, state, and local
laws, rules, ordinances, and other regulations required to own and operate properties as
project-based rental assistance properties.
new text end
new text begin Subd. 9. new text end
new text begin Dissolution. new text end
new text begin
Upon dissolution of the corporation for any reason, its wholly
owned assets become property of the authority that created the corporation.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2024.
new text end
Sec. 33.
Minnesota Statutes 2023 Supplement, section 477A.35, subdivision 1, is amended
to read:
Subdivision 1.
Purpose.
The purpose of this section is to help metropolitan local
governments to develop and preserve affordable housingnew text begin and supportive services for residentsnew text end
within their jurisdictions in order to keep families from losing housing and to help those
experiencing homelessness find housing.
Sec. 34.
Minnesota Statutes 2023 Supplement, section 477A.35, subdivision 2, is amended
to read:
Subd. 2.
Definitions.
new text begin (a) new text end For the purposes of this section, the following terms have the
meanings givendeleted text begin :deleted text end new text begin .
new text end
deleted text begin (1)deleted text end new text begin (b)new text end "City distribution factor" means the number of households in a tier I city that are
cost-burdened divided by the total number of households that are cost-burdened in tier I
cities. The number of cost-burdened households shall be determined using the most recent
estimates or experimental estimates provided by the American Community Survey of the
United States Census Bureau as of May 1 of the aid calculation yeardeleted text begin ;deleted text end new text begin .
new text end
deleted text begin (2)deleted text end new text begin (c)new text end "Cost-burdened household" means a household in which gross rent is 30 percent
or more of household income or in which homeownership costs are 30 percent or more of
household incomedeleted text begin ;deleted text end new text begin .
new text end
deleted text begin (3)deleted text end new text begin (d)new text end "County distribution factor" means the number of households in a county that
are cost-burdened divided by the total number of households in metropolitan counties that
are cost-burdened. The number of cost-burdened households shall be determined using the
most recent estimates or experimental estimates provided by the American Community
Survey of the United States Census Bureau as of May 1 of the aid calculation yeardeleted text begin ;deleted text end new text begin .
new text end
new text begin
(e) "Locally funded housing expenditures" means expenditures of the aid recipient,
including expenditures by a public corporation or legal entity created by the aid recipient,
that are:
new text end
new text begin
(1) funded from the recipient's general fund, a property tax levy of the recipient or its
housing and redevelopment authority, or unrestricted money available to the recipient, but
not including tax increments; and
new text end
new text begin
(2) expended on one of the following qualifying activities:
new text end
new text begin
(i) financial assistance to residents in arrears on rent, mortgage, utilities, or property tax
payments;
new text end
new text begin
(ii) support services, case management services, and legal services for residents in arrears
on rent, mortgage, utilities, or property tax payments;
new text end
new text begin
(iii) down payment assistance or homeownership education, counseling, and training;
new text end
new text begin
(iv) acquisition, construction, rehabilitation, adaptive reuse, improvement, financing,
and infrastructure of residential dwellings;
new text end
new text begin
(v) costs of operating emergency shelter, transitional housing, supportive housing, or
publicly owned housing, including costs of providing case management services and support
services; and
new text end
new text begin
(vi) rental assistance.
new text end
deleted text begin (4)deleted text end new text begin (f)new text end "Metropolitan area" has the meaning given in section 473.121, subdivision 2;
deleted text begin (5)deleted text end new text begin (g)new text end "Metropolitan county" has the meaning given in section 473.121, subdivision 4;
deleted text begin (6)deleted text end new text begin (h)new text end "Population" has the meaning given in section 477A.011, subdivision 3; and
deleted text begin (7)deleted text end new text begin (i)new text end "Tier I city" means a statutory or home rule charter city that is a city of the first,
second, or third class and is located in a metropolitan county.
Sec. 35.
Minnesota Statutes 2023 Supplement, section 477A.35, subdivision 4, is amended
to read:
Subd. 4.
Qualifying projects.
(a) Qualifying projects deleted text begin shalldeleted text end include:
(1) emergency rental assistance for households earning less than 80 percent of area
median income as determined by the United States Department of Housing and Urban
Development;
(2) financial support to nonprofit affordable housing providers in their mission to provide
safe, dignified, affordable and supportive housing; deleted text begin and
deleted text end
(3) projects designed for the purpose of construction, acquisition, rehabilitation,
demolition or removal of existing structures, construction financing, permanent financing,
interest rate reduction, refinancing, and gap financing of housing to provide affordable
housing to households that have incomes which do not exceed, for homeownership projects,
115 percent of the greater of state or area median income as determined by the United States
Department of Housing and Urban Development, and for rental housing projects, 80 percent
of the greater of state or area median income as determined by the United States Department
of Housing and Urban Development, except that the housing developed or rehabilitated
with funds under this section must be affordable to the local work forcenew text begin ;
new text end
new text begin
(4) financing the operations and management of financially distressed residential
properties;
new text end
new text begin
(5) funding of supportive services or staff of supportive services providers for supportive
housing as defined by section 462A.37, subdivision 1. Financial support to nonprofit housing
providers to finance supportive housing operations may be awarded as a capitalized reserve
or as an award of ongoing funding; and
new text end
new text begin (6) costs of operating emergency shelter facilities, including the costs of providing
servicesnew text end .
deleted text begin Projects shall be prioritizeddeleted text end new text begin (b) Recipients must prioritize projectsnew text end that provide affordable
housing to households that have incomes which do not exceed, for homeownership projects,
80 percent of the greater of state or area median income as determined by the United States
Department of Housing and Urban Development, and for rental housing projects, 50 percent
of the greater of state or area median income as determined by the United States Department
of Housing and Urban Development. Priority may be given to projects that: reduce disparities
in home ownership; reduce housing cost burden, housing instability, or homelessness;
improve the habitability of homes; create accessible housing; or create more energy- or
water-efficient homes.
deleted text begin (b)deleted text end new text begin (c)new text end Gap financing is either:
(1) the difference between the costs of the property, including acquisition, demolition,
rehabilitation, and construction, and the market value of the property upon sale; or
(2) the difference between the cost of the property and the amount the targeted household
can afford for housing, based on industry standards and practices.
deleted text begin (c)deleted text end new text begin (d)new text end If aid under this section is used for demolition or removal of existing structures,
the cleared land must be used for the construction of housing to be owned or rented by
persons who meet the income limits of paragraph (a).
deleted text begin (d)deleted text end new text begin (e)new text end If an aid recipient uses the aid on new construction or substantial rehabilitation
of a building containing more than four units, the loan recipient must construct, convert, or
otherwise adapt the building to include:
(1) the greater of: (i) at least one unit; or (ii) at least five percent of units that are
accessible units, as defined by section 1002 of the current State Building Code Accessibility
Provisions for Dwelling Units in Minnesota, and include at least one roll-in shower; and
(2) the greater of: (i) at least one unit; or (ii) at least five percent of units that are
sensory-accessible units that include:
(A) soundproofing between shared walls for first and second floor units;
(B) no florescent lighting in units and common areas;
(C) low-fume paint;
(D) low-chemical carpet; and
(E) low-chemical carpet glue in units and common areas.
Nothing in this paragraph relieves a project funded by this section from meeting other
applicable accessibility requirements.
Sec. 36.
Minnesota Statutes 2023 Supplement, section 477A.35, subdivision 5, is amended
to read:
Subd. 5.
Use of proceeds.
(a) Any funds distributed under this section must be spent on
a qualifying project. Funds are considered spent on a qualifying project if:
(1) a tier I city or county demonstrates to the Minnesota Housing Finance Agency that
the city or county cannot expend funds on a qualifying project by the deadline imposed by
paragraph (b) due to factors outside the control of the city or county; and
(2) the funds are transferred to a local housing trust fund.
Funds transferred to a local housing trust fund under this paragraph must be spent on a
project or household that meets the affordability requirements of subdivision 4, paragraph
(a).
(b) Funds must be spent by December 31 in the third year following the year after the
aid was received.new text begin The requirements of this paragraph are satisfied if funds are:
new text end
new text begin
(1) committed to a qualifying project by December 31 in the third year following the
year after the aid was received; and
new text end
new text begin
(2) expended by December 31 in the fourth year following the year after the aid was
received.
new text end
new text begin
(c) An aid recipient may not use aid money to reimburse itself for prior expenditures.
new text end
Sec. 37.
Minnesota Statutes 2023 Supplement, section 477A.35, is amended by adding a
subdivision to read:
new text begin Subd. 5a. new text end
new text begin Conditions for receipt. new text end
new text begin
(a) As a condition of receiving aid under this section,
a recipient must commit to using money to supplement, not supplant, existing locally funded
housing expenditures, so that they are using the money to create new, or to expand existing,
housing programs.
new text end
new text begin
(b) In the annual report required under subdivision 6, a recipient must certify its
compliance with this subdivision, including an accounting of locally funded housing
expenditures in the prior fiscal year. In a tier I city's or county's first report to the Minnesota
Housing Finance Agency, it must document its locally funded housing expenditures in the
two prior fiscal years. If a recipient reduces one of its locally funded housing expenditures,
the recipient must detail the expenditure, the amount of the reduction, and the reason for
the reduction. The certification required under this paragraph must be made available publicly
on the website of the recipient.
new text end
Sec. 38.
Minnesota Statutes 2023 Supplement, section 477A.35, subdivision 6, is amended
to read:
Subd. 6.
Administration.
(a) The commissioner of revenue must compute the amount
of aid payable to each tier I city and county under this section. By August 1 of each year,
the commissioner must certify the distribution factors of each tier I city and county to be
used in the following year. The commissioner must pay local affordable housing aid annually
at the times provided in section 477A.015, distributing the amounts available on the
immediately preceding June 1 under the accounts established in section 477A.37, subdivisions
2 and 3.
(b) Beginning in 2025, tier I cities and counties shall submit a report annually, no later
than December 1 of each year, to the Minnesota Housing Finance Agency. The report must
include documentation of the location of any unspent funds distributed under this section
and of qualifying projects completed or planned with funds under this section. If a tier I
city or county fails to submit a report, if a tier I city or county fails to spend funds within
the timeline imposed under subdivision 5, paragraph (b), deleted text begin ordeleted text end if a tier I city or county uses
funds for a project that does not qualify under this section, new text begin or if a tier I city or county fails
to meet its requirements of subdivision 5a, new text end the Minnesota Housing Finance Agency shall
notify the Department of Revenue and the cities and counties that must repay funds under
paragraph (c) by February 15 of the following year.
(c) By May 15, after receiving notice from the Minnesota Housing Finance Agency, a
tier I city or county must pay to the Minnesota Housing Finance Agency funds the city or
county received under this section if the city or county:
(1) fails to spend the funds within the time allowed under subdivision 5, paragraph (b);
(2) spends the funds on anything other than a qualifying project; deleted text begin or
deleted text end
(3) fails to submit a report documenting use of the fundsdeleted text begin .deleted text end new text begin ; or
new text end
new text begin
(4) fails to meet the requirements of subdivision 5a.
new text end
(d) The commissioner of revenue must stop distributing funds to a tier I city or county
thatnew text begin requests in writing that the commissioner stop payment or thatnew text end , in three consecutive
years, the Minnesota Housing Finance Agency has reported, pursuant to paragraph (b), to
have failed to use funds, misused funds, or failed to report on its use of funds.
(e) The commissioner may resume distributing funds to a tier I city or county to which
the commissioner has stopped payments in the year following the August 1 after the
Minnesota Housing Finance Agency certifies that the city or county has submitted
documentation of plans for a qualifying project.new text begin The commissioner may resume distributing
funds to a tier I city or county to which the commissioner has stopped payments at the
request of the city or county in the year following the August 1 after the Minnesota Housing
Finance Agency certifies that the city or county has submitted documentation of plans for
a qualifying project.
new text end
(f) By June 1, any funds paid to the Minnesota Housing Finance Agency under paragraph
(c) must be deposited in the housing development fund. Funds deposited under this paragraph
are appropriated to the commissioner of the Minnesota Housing Finance Agency for use
on the family homeless prevention and assistance program under section 462A.204, the
economic development and housing challenge program under section 462A.33, and the
workforce and affordable homeownership development program under section 462A.38.
Sec. 39.
Laws 2023, chapter 37, article 1, section 2, subdivision 2, is amended to read:
Subd. 2.Challenge Program
|
60,425,000 |
60,425,000 |
||||
(a) This appropriation is for the economic
development and housing challenge program
under Minnesota Statutes, sections 462A.33
and 462A.07, subdivision 14.
(b) Of this amount, $6,425,000 each year shall
be made available during the first 11 months
of the fiscal year exclusively for housing
projects for American Indians. Any funds not
committed to housing projects for American
Indians within the annual consolidated request
for funding processes may be available for
any eligible activity under Minnesota Statutes,
sections 462A.33 and 462A.07, subdivision
14.
(c) Of the amount in the first year, $5,000,000
is for a grant to Urban Homeworks to expand
initiatives pertaining to deeply affordable
homeownership in Minneapolis neighborhoods
with over 40 percent of residents identifying
as Black, Indigenous, or People of Color and
at least 40 percent of residents making less
than 50 percent of the area median income.
The grant is to be used for acquisition,
rehabilitation, new text begin gap financing as defined in
section 462A.33, subdivision 1, new text end and
construction of homes to be sold to households
with incomes deleted text begin of 50 todeleted text end new text begin at or belownew text end 60 percent
of the area median income. This is a onetime
appropriationdeleted text begin , and is available until June 30,
2027deleted text end . By December 15 each year deleted text begin until 2027deleted text end ,
Urban Homeworks must submit a report to
the chairs and ranking minority members of
the legislative committees having jurisdiction
over housing finance and policy. The report
must include the amount used for (1)
acquisition, (2) rehabilitation, and (3)
construction of housing units, along with the
number of housing units acquired,
rehabilitated, or constructed, and the amount
of the appropriation that has been spent. If any
home was sold or transferred within the year
covered by the report, Urban Homeworks must
include the price at which the home was sold,
as well as how much was spent to complete
the project before sale.
(d) Of the amount in the first year, $2,000,000
is for a grant to Rondo Community Land
Trust. This is a onetime appropriation.
(e) The base for this program in fiscal year
2026 and beyond is $12,925,000.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 40.
Laws 2023, chapter 37, article 1, section 2, subdivision 32, is amended to read:
Subd. 32.Northland Foundation
|
1,000,000 |
-0- |
||||
This appropriation is for a grant to Northland
Foundation for use on expenditures authorized
under Minnesota Statutes, section 462C.16,
subdivision 3new text begin , to assist and support
communities in providing housing locally,new text end and
deleted text begin ondeleted text end new text begin fornew text end assisting local governments to establish
local or regional housing trust funds.
Northland Foundation may award grants and
loans to other entities to expend on authorized
expenditures under this section. This
appropriation is onetime and available until
June 30, 2025.
Sec. 41.
Laws 2023, chapter 37, article 2, section 12, subdivision 2, is amended to read:
Subd. 2.
Eligible homebuyer.
For the purposes of this section, an "eligible homebuyer"
means an individual:
(1) whose income is at or below 130 percent of area median income;
deleted text begin
(2) who resides in a census tract where at least 60 percent of occupied housing units are
renter-occupied, based on the most recent estimates or experimental estimates provided by
the American Community Survey of the United States Census Bureau;
deleted text end
deleted text begin (3)deleted text end new text begin (2)new text end who is financing the purchase of an eligible property with an interest-free,
fee-based mortgage; and
deleted text begin (4)deleted text end new text begin (3)new text end who is a first-time homebuyer as defined by Code of Federal Regulations, title
24, section 92.2.
Sec. 42. new text begin TASK FORCE ON LONG-TERM SUSTAINABILITY OF AFFORDABLE
HOUSING.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment. new text end
new text begin
A task force is established to study the financial health
and stability of affordable housing providers and to provide recommendations to the
Minnesota legislature to promote long-term sustainability of affordable housing providers,
prevent loss of affordable units, and promote housing security for renters.
new text end
new text begin Subd. 2. new text end
new text begin Duties. new text end
new text begin
(a) The task force must assess underlying financial challenges for
affordable housing providers in their pursuit of developing and preserving safe, affordable,
and dignified housing, including examining:
new text end
new text begin
(1) factors that are leading to increasing costs, including but not limited to insurance
rates, security costs, and rehabilitation needs;
new text end
new text begin
(2) factors that are leading to declining revenues for affordable housing providers,
including but not limited to loss of rent and vacancy issues;
new text end
new text begin
(3) the significant financial needs across the entire sector of affordable housing providers;
and
new text end
new text begin
(4) the potential impact of loss of housing units under current conditions.
new text end
new text begin
(b) The task force must evaluate the current financing and administrative tools that are
being deployed to support housing providers and their effectiveness, including examining:
new text end
new text begin
(1) current funding needs, financing programs, and the availability of funding to assess
the level of funding as it relates to overall needs;
new text end
new text begin
(2) administrative tools utilized by the Minnesota Housing Finance Agency to support
affordable housing providers; and
new text end
new text begin
(3) the effectiveness of current funding programs and tools.
new text end
new text begin
(c) The task force must evaluate potential solutions to address identified financial
challenges for affordable housing providers, including:
new text end
new text begin
(1) additional funding for existing programs and tools;
new text end
new text begin
(2) new financial tools, including new uses of housing infrastructure bonds;
new text end
new text begin
(3) mechanisms to fund supportive services in the development process for new affordable
housing projects;
new text end
new text begin
(4) underwriting practices at the Minnesota Housing Finance Agency; and
new text end
new text begin
(5) recommendations for changes to financial or management practices for affordable
housing providers.
new text end
new text begin Subd. 3. new text end
new text begin Meetings and report. new text end
new text begin
The Minnesota Housing Finance Agency shall convene
the first meeting of the task force no later than August 31, 2024, and shall provide accessible
physical or virtual meeting space as necessary for the task force to conduct its work. The
task force must submit final recommendations to the house of representatives and senate
housing committees and for the commissioner of the Minnesota Housing Finance Agency
no later than February 1, 2025.
new text end
new text begin Subd. 4. new text end
new text begin Membership. new text end
new text begin
The task force shall consist of 13 members representing a cross
section of the affordable housing industry and relevant agency staff. The chair of the house
of representatives committee with jurisdiction over housing finance shall appoint four
members. The chair of the senate committee with jurisdiction over housing finance shall
appoint four members. The commissioner of the Minnesota Housing Finance Agency shall
appoint five members. Members must be appointed no later than July 1, 2024.
new text end
new text begin Subd. 5. new text end
new text begin Expiration. new text end
new text begin
The task force expires upon submission of the final
recommendations required under subdivision 4.
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. 43. new text begin DIRECTION TO COMMISSIONERS OF HUMAN SERVICES AND THE
MINNESOTA HOUSING FINANCE AGENCY; EMERGENCY ASSISTANCE
PROGRAM MODIFICATIONS.
new text end
new text begin
(a) The commissioner of the Minnesota Housing Finance Agency, in consultation with
the commissioner of human services, shall develop program recommendations for emergency
rental assistance that have the flexibility to provide relief for crises within a time frame that
corresponds to the emergency and that are simple enough for applicants to understand across
all emergency rental assistance programs. In the development of these recommendations,
the commissioners must:
new text end
new text begin
(1) recognize differences between administrative and legislative authority and propose
legislative changes to the definition of emergency general assistance;
new text end
new text begin
(2) adopt policies and practices that prioritize easy-to-understand eligibility criteria and
definitions that prioritize accessible, culturally responsive, and trauma-informed approaches
when assisting persons through a crisis; and
new text end
new text begin
(3) develop guidance to emergency rental assistance program administrators that
encourage the program administrators to be flexible with the required forms of documentation
for the program and to avoid establishing documentation requirements that are likely to be
barriers to participation in emergency rental assistance for eligible households.
new text end
new text begin
(b) For the purposes of this section, the following terms have the meanings given:
new text end
new text begin
(1) "culturally responsive" means agencies, programs, and providers of services respond
respectfully and effectively to people of all cultures, languages, classes, races, ethnic
backgrounds, disabilities, religions, genders, sexual orientations, and other identities in a
manner that recognizes, values, and affirms differences and eliminates barriers to access;
and
new text end
new text begin
(2) "trauma-informed" means to recognize that many people have experienced trauma
in their lifetime and that programs must be designed to respond to people with respect and
accommodate the needs of people who have or are currently experiencing trauma.
new text end
Sec. 44. new text begin E-SIGNATURE OPTIONS FOR RENTAL ASSISTANCE.
new text end
new text begin
The commissioner of the Minnesota Housing Finance Agency and the commissioner of
human services are encouraged to develop uniform e-signature options to be used in
applications for emergency general assistance, emergency assistance, and family homeless
prevention and assistance program assistance.
new text end
Sec. 45. new text begin LANGUAGE ACCESS IN APPLICATIONS FOR RENTAL ASSISTANCE.
new text end
new text begin
The commissioner of the Minnesota Housing Finance Agency and the commissioner of
human services shall research state and federal laws and regulations to determine language
access standards applying to the organizations' emergency general assistance, emergency
assistance, and family homelessness prevention and assistance programs and shall ensure
compliance with all applicable language access requirements. The commissioners are
encouraged to identify specific languages into which program materials could be translated
to improve access to emergency general assistance, emergency assistance, and family
homeless prevention and assistance program assistance and shall translate the materials into
the identified languages. The commissioners are encouraged to develop and implement a
plan to translate any website applications for emergency general assistance, emergency
assistance, and family homeless prevention and assistance program assistance into
multilingual website applications.
new text end
Sec. 46. new text begin VERIFICATION PROCEDURES FOR RENTAL ASSISTANCE.
new text end
new text begin
(a) The commissioner of the Minnesota Housing Finance Agency, in consultation with
the commissioner of human services, is encouraged to consult with local officials to develop
recommendations aimed at simplifying the process of verifying the information in
applications for emergency general assistance, emergency assistance, and family homeless
prevention and assistance program assistance. In developing recommendations, the
commissioners must consider:
new text end
new text begin
(1) allowing self-attestation of emergencies, assets, and income;
new text end
new text begin
(2) allowing verbal authorization by applicants to allow emergency rental assistance
administrators to communicate with landlords and utility providers regarding applications
for assistance; and
new text end
new text begin
(3) allowing landlords to apply for emergency rental assistance on tenants' behalf.
new text end
new text begin
(b) The commissioners are encouraged to:
new text end
new text begin
(1) prepare recommendations by January 1, 2025; and
new text end
new text begin
(2) report those recommendations to the chairs and ranking minority members of the
legislative committees having jurisdiction over housing.
new text end
Sec. 47. new text begin HOUSING AFFORDABILITY PRESERVATION INVESTMENT.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment. new text end
new text begin
The commissioner of the Minnesota Housing Finance
Agency must establish and administer a grant program to support recapitalization of distressed
buildings.
new text end
new text begin Subd. 2. new text end
new text begin Definitions. new text end
new text begin
For purposes of this section:
new text end
new text begin
(1) "distressed building" means an existing rental housing building in which the units
are restricted to households at or below 60 percent of the area median income, and that:
new text end
new text begin
(i) is in foreclosure proceedings;
new text end
new text begin
(ii) has two or more years of negative net operating income;
new text end
new text begin
(iii) has two or more years with a debt service coverage ratio of less than one; or
new text end
new text begin
(iv) has necessary costs of repair, replacement, or maintenance that exceed the project
reserves available for those purposes; and
new text end
new text begin
(2) "recapitalization" means financing for the physical and financial needs of a distressed
building, including restructuring and forgiveness of amortizing and deferred debt, principal
and interest paydown, interest rate write-down, deferral of debt payments, mortgage payment
forbearance, deferred maintenance, security services, property insurance, capital
improvements, funding of reserves for supportive services, and property operations.
new text end
new text begin Subd. 3. new text end
new text begin Grant program. new text end
new text begin
The commissioner must use a request for proposal process
to consider funding requests and award grants to finance recapitalization of distressed
buildings. In awarding grants, the commissioner must give priority to distressed buildings
most at risk of losing affordable housing.
new text end
new text begin Subd. 4. new text end
new text begin Report. new text end
new text begin
By February 1, 2025, and November 30, 2025, the commissioner shall
submit a report to the chairs and ranking minority members of the legislative committees
having jurisdiction over housing and homelessness. The report must detail the number of
applications received, the amount of funding requested, the grants awarded, and the number
of affordable housing units preserved through awards under this section.
new text end
Sec. 48. new text begin REVISOR INSTRUCTION.
new text end
new text begin
(a) If H.F. 3800 or another substantively similar bill that establishes a new cooperative
chapter coded as Minnesota Statutes, chapter 308C, is enacted during the 2024 legislative
session, the revisor of statutes must add "308C" to the list of chapters referenced in Minnesota
Statutes, section 462A.37, subdivision 2, paragraph (a), clause (10), as amended in this act.
new text end
new text begin
(b) The revisor of statutes shall renumber Minnesota Statutes, section 462A.37,
subdivision 2i, as Minnesota Statutes, section 462A.37, subdivision 3a. The revisor shall
also make necessary cross-reference changes in Minnesota Statutes.
new text end
ARTICLE 15
DISCRIMINATION; CIC; WORKING GROUP
Section 1.
new text begin
[504B.505] DISCRIMINATION; HOUSING ASSISTANCE.
new text end
new text begin
(a) A landlord must not discriminate against a tenant based on the tenant's use of federal,
state, or local government rental assistance; a housing choice voucher program; or another
form of public assistance that helps a tenant pay rent; or refuse to rent to a tenant because
the landlord may be responsible for meeting the terms and conditions of a public assistance
program. A landlord must not deny a tenant or prospective tenant a viewing or application
for a rental unit, deny them the opportunity to rent a unit, or discriminate against a tenant
or prospective tenant who uses rental assistance or a housing choice voucher. A landlord
cannot advertise that they will not rent to a tenant who uses rental assistance or a housing
choice voucher program.
new text end
new text begin
(b) A violation of this section is an unfair discriminatory practice under section 363A.09,
and an individual has all the rights and remedies available under chapter 363A.
new text end
Sec. 2.
Laws 2023, chapter 52, article 19, section 120, is amended to read:
Sec. 120. EFFECTIVE DATE.
Sections 117 deleted text begin todeleted text end new text begin andnew text end 119 are effective January 1, 2024.new text begin Section 118 is effective January
1, 2024, and applies to cases filed before, on, or after that date.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective retroactively from January 1, 2024.
new text end
Sec. 3. new text begin WORKING GROUP ON COMMON INTEREST COMMUNITIES AND
HOMEOWNERS ASSOCIATIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Creation; duties. new text end
new text begin
(a) A working group is created to study the prevalence
and impact of common interest communities (CICs) and homeowners associations (HOAs)
in Minnesota and how the existing laws regulating CICs and HOAs help homeowners and
tenants access safe and affordable housing. The working group shall study:
new text end
new text begin
(1) how many CICs and HOAs exist, how many people may reside in those housing
units, and where they are located in the state;
new text end
new text begin
(2) the governing documents commonly used by CICs and HOAs and whether the
governing documents or common practices create barriers for participation by homeowners
in the board of directors for CICs or HOAs;
new text end
new text begin
(3) the fees and costs commonly associated with CICs and HOAs and how those fees
have increased, including the cost of outside management, accounting, and attorney fees
that are assessed to owners and residents;
new text end
new text begin
(4) whether there should be uniform, statutory standards regarding fees, fines, and costs
assessed to residents;
new text end
new text begin
(5) how the organization and management of CICs and HOAs, including boards and
management companies, impact the affordability of CICs and HOAs;
new text end
new text begin
(6) the impact of CICs and HOAs on the housing market and housing costs;
new text end
new text begin
(7) the racial disparity in homeownership as it relates to CICs and HOAs;
new text end
new text begin
(8) the accessibility and affordability of CICs and HOAs for Minnesotans with disabilities;
new text end
new text begin
(9) how other states regulate CICs and HOAs and best practices related to board
transparency, dispute resolution, and foreclosures; and
new text end
new text begin
(10) how the current laws governing CICs and HOAs may be consolidated and reformed
for clarity and to improve the experience of homeowners and residents in CICs and HOAs.
new text end
new text begin
(b) The focus and duties of the working group shall be to recommend legislative reforms
or other methods to regulate CICs and HOAs, including the consolidation or recodification
of existing chapters regulating CICs and HOAs.
new text end
new text begin Subd. 2. new text end
new text begin Membership. new text end
new text begin
The working group shall consist of the following:
new text end
new text begin
(1) two members of 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 of the senate, one appointed by the senate majority leader and one
appointed by the senate minority leader;
new text end
new text begin
(3) one member from the Minnesota Homeownership Center;
new text end
new text begin
(4) one member from the Community Associations Institute;
new text end
new text begin
(5) one member from a business association that supports, educates, or provides services
to CICs and HOAs in Minnesota designated by the commissioner of commerce;
new text end
new text begin
(6) one member from a legal aid association familiar with housing laws and representing
low-income clients;
new text end
new text begin
(7) one member from the Minnesota Association of Realtors;
new text end
new text begin
(8) one member who is an attorney who regularly works advising homeowners or
residents in CICs and HOAs and is familiar with the state foreclosure laws designed by the
State Bar Association;
new text end
new text begin
(9) one member who is an attorney who regularly works advising CIC and HOA boards
designated by the State Bar Association;
new text end
new text begin
(10) one member from a metropolitan area government who is familiar with issues
homeowners and tenants face while living in CICs and HOAs in the metropolitan area;
new text end
new text begin
(11) the commissioner of the Minnesota Housing Finance Agency or the commissioner's
designee;
new text end
new text begin
(12) one member from the attorney general's office designated by the attorney general;
new text end
new text begin
(13) two members who are currently, or have within the last five years, served on a CIC
or HOA board and have knowledge about the management of CIC and HOA boards; and
new text end
new text begin
(14) four members who are current or recent owners of a residence that is part of a CIC
or HOA.
new text end
new text begin Subd. 3. new text end
new text begin Facilitation; organization; meetings. new text end
new text begin
(a) The Management Analysis Division
of Minnesota Management and Budget shall facilitate the working group, provide
administrative assistance, and convene the first meeting by July 15, 2024. Members of the
working group may receive compensation and reimbursement for expenses as authorized
by Minnesota Statutes, section 15.059, subdivision 3.
new text end
new text begin
(b) The working group must meet at regular intervals as often as necessary to accomplish
the goals enumerated under subdivision 1. Meetings of the working group are subject to the
Minnesota Open Meeting Law under Minnesota Statutes, chapter 13D.
new text end
new text begin Subd. 4. new text end
new text begin External consultation. new text end
new text begin
The working group shall consult with other individuals
and organizations that have expertise and experience that may assist the working group in
fulfilling its responsibilities, including entities engaging in additional external stakeholder
input from those with experience living in CICs and HOAs as well as working with the
board of directors for CICs and HOAs.
new text end
new text begin Subd. 5. new text end
new text begin Report required. new text end
new text begin
The working group shall submit a final report by February
1, 2025, to the chairs and ranking minority members of the legislative committees with
jurisdiction over housing finance and policy, commerce, and real property. The report shall
include recommendations and draft legislation based on the duties and focus for the working
group provided in subdivision 1.
new text end
new text begin Subd. 6. new text end
new text begin Expiration. new text end
new text begin
The working group expires upon submission of the final report in
subdivision 5, or February 28, 2025, whichever is later.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment and
expires March 1, 2025.
new text end
APPENDIX
Repealed Minnesota Statutes: H5242-2
116J.398 BROADBAND PREVAILING WAGE EXEMPTION.
Notwithstanding any other law to the contrary, section 116J.871 does not apply to a project receiving a grant under section 116J.395 for the construction, installation, remodeling, and repair of last-mile infrastructure, as defined under section 116J.394, paragraph (e).
168.1297 SPECIAL "ROTARY MEMBER" PLATES.
Subdivision 1.
General requirements and procedures.
The commissioner shall issue special "Rotary member" plates to an applicant who:
(1) is a registered owner of a passenger automobile;
(2) pays a fee in the amount specified for special plates under section 168.12, subdivision 5;
(3) pays the registration tax required under section 168.013;
(4) pays the fees required under this chapter;
(5) submits proof to the commissioner that the applicant is a member of Rotary International; and
(6) complies with this chapter and rules governing registration of motor vehicles and licensing of drivers.
Subd. 2.
Design.
A special plate under this section consists of a plate as described in section 168.1291 with a unique emblem that is the recognized emblem of Rotary International.
Subd. 3.
Compliance with other law.
The commissioner shall take no action under this section unless the commissioner determines that Rotary International, or one or more districts of Rotary International, has complied with section 168.1293, subdivision 2, paragraph (a). Issuance and renewal of plates under this section are subject to section 168.1293, subdivisions 3 to 6.
179.81 DEFINITIONS.
Subdivision 1.
Scope.
For the purposes of sections 179.81 to 179.85, the terms defined in this section have the meanings given them.
Subd. 2.
Area labor-management committee or committee.
"Area labor-management committee" or "committee" means a committee formed by and composed of multiple employers and multiple labor organizations within a geographic area or statewide employment sector, for the purpose of improving labor-management relations and enhancing economic development within a given geographic jurisdiction or sector through labor-management cooperation.
Subd. 3.
Bureau.
"Bureau" means the Bureau of Mediation Services.
Subd. 4.
Commissioner.
"Commissioner" means the commissioner of the Bureau of Mediation Services.
179.82 GRANT PROGRAM CREATED; APPLICATIONS.
Subdivision 1.
Creation.
An area labor-management committee grant program is created within the bureau to be administered by the commissioner.
Subd. 2.
Rules.
Applications for area/statewide industry labor-management committee grants must be submitted to the bureau under rules adopted by the commissioner.
179.83 ACTION ON APPLICATION.
Subdivision 1.
Standard for approval.
Following an established calendar, the commissioner shall review the applications. Grants must be awarded on a competitive basis based on the appropriateness of the proposal, the attainability of the goals, the evidence of interest in the proposal among representatives of labor and management in the area within the committee's jurisdiction, and the thoroughness of the financial plan presented. Successful applicants shall be notified of the award no later than December 1 of each year.
179.84 GENERAL CONDITIONS AND TERMS OF GRANTS.
Subdivision 1.
Requirements.
For each grant awarded the commissioner shall:
(1) require an approved work plan that establishes measurable goals and objectives for the committee within the committee's area of responsibility and that prohibits the committee from becoming involved in contract disputes, labor negotiations, or grievance procedures; and
(2) annually review the operating performance of each area labor-management committee receiving state money under this program.
179.85 FUNDING LIMITATIONS.
A new or existing area labor-management committee may apply for a maximum grant of $75,000 per year. A new or existing area labor-management committee may be awarded state grant money, and must provide money from other nonstate sources, in the following ratio of state and nonstate money: in the first year, 90 percent state and ten percent nonstate; in the second year, 80 percent state and 20 percent nonstate; in the third year and beyond, 50 percent state and 50 percent nonstate.
Repealed Minnesota Rule: H5242-2
5520.0100 APPLICATION.
Parts 5520.0100 to 5520.0800 apply to the preparation, submission, and approval of applications for grants under the Minnesota Area Labor-Management Committee Grant Program.
5520.0110 POLICY.
Parts 5520.0100 to 5520.0800 shall be liberally construed to accomplish the provisions and purposes of the Minnesota Area Labor-Management Committee Grant Program.
5520.0120 DEFINITIONS.
Subpart 1.
Scope.
For the purpose of parts 5520.0100 to 5520.0800, the terms defined in this part have the meanings given them.
Subp. 2.
Application.
"Application" means a written request for grant funds completed on a form developed by and available from the bureau.
Subp. 4.
Commissioner.
"Commissioner" means the commissioner of the bureau or an authorized agent.
Subp. 5.
Area Labor-Management Committee or committee.
"Area Labor-Management Committee" or "committee" means an organization of representatives from multiple labor organizations and multiple employer enterprises within a geographic area or statewide employment sector which has as its principle purpose the strengthening of union-management relations within the area or sector.
Subp. 6.
Grant program.
"Grant program" means the Minnesota Area Labor-Management Committee Grant Program, as created in Minnesota Statutes, sections 179.81 to 179.85.
Subp. 7.
Office of Cooperative Labor-Management Programs.
"Office of Cooperative Labor-Management Programs" means the office within the bureau created to administer the grant program.
5520.0200 GRANT APPLICATIONS.
Subpart 1.
Scope.
The procedures in this part will be used by the commissioner in receiving and considering grant program applications.
Subp. 2.
Notice and deadline.
On or before September 1 of each calendar year, the commissioner shall publish a notice of the availability of funds under the grant program in the State Register. An application for a grant must be submitted to the bureau by October 15 of the previous year.
Subp. 3.
Application form and purpose.
Each application must be on forms available from the bureau and must include a statement of purpose and a description of the Area Labor-Management Committee requesting grant funds. All current committee members and officers must be identified in the application and a brief description of the committee's existing or proposed operating procedures must be included. A copy of the committee bylaws, if adopted, must also accompany the application.
Subp. 4.
Statement of goals.
The application must include a descriptive statement of the labor-management climate and major issues or problems existing in the committee's area of jurisdiction, as well as the major purpose or goal of the committee in the context of the problems. The goal statement must describe specific changes or outcomes the committee seeks to accomplish through use of grant program funds. Quantifiable, specific goal and problem statements are encouraged. Applicants should avoid broad, generic, overly-generalized statements.
Subp. 5.
Methodology.
The application must include a description of the approach and methodology to be used by the committee in solving the problems and achieving the goals identified in subpart 4. The application must include an implementation plan setting forth specific and measurable goals and objectives to be accomplished during the grant period, the major action steps to be taken, a timetable indicating when those action steps will be taken, and when goals and objectives will be accomplished.
Subp. 6.
Financial plan.
The application must include a four-year financial plan detailing the revenues and expenditures anticipated over a four-year period, commencing with the year for which the grant is being requested. The plan must identify the total amount of state funding necessary to carry out the committee's goals and objectives and the money to be raised from other sources to meet the guidelines of the grant program. The plan must be accompanied by a proposed committee budget over the four-year period detailing how all money, including state grant money, is to be expended. Existing committees must also submit copies of actual financial statements for the four-year period preceding the proposed grant period.
5520.0250 GRANT RESTRICTIONS.
Subpart 1.
Labor negotiations, grievances, or disputes.
No committee funded, in whole or in part, through the grant program may engage in activities directly or indirectly related to labor negotiations, contract disputes, or grievance procedures. Violation of this subpart is grounds for termination of the grant.
Subp. 2.
Prior obligations.
No grant money may be used directly or indirectly to cover costs incurred before the effective date of the grant nor to cover costs that are not specifically related to the goals in the application. No finder's fee or other form of payment for successful application shall be permitted in conjunction with the grant program.
Subp. 4.
Delegation or transfer.
A successful applicant may not, in whole or in part, delegate or transfer responsibility for the management of the grant or control and use of its funds to any other organization or entity.
5520.0300 GRANT PERIOD AND AMOUNT.
Subp. 2.
Amount.
The amount of each grant will be determined by the commissioner after considering the merits and reasonableness of each application, the total funds available in relationship to the total amounts requested, prior awards and experiences with individual applicants, the usual and customary costs of operating a committee, and the overall purposes and goals of the program.
Subp. 3.
Ratio of state and nonstate funds.
Regardless of the funds available, no grant will be awarded that would be inconsistent with the following ratio of state and nonstate revenues for the committee: (Year 1 is the first year state funds are received under this program, Year 2 is the second, etc.).
| Percent Nonstate Revenues | Percent State Revenues | |
| Year 1 | 10 | 90 |
| Year 2 | 20 | 80 |
| Year 3 & Beyond | 50 | 50 |
5520.0500 APPLICATION REVIEW PROCEDURES.
Subpart 1.
Competitive basis.
All timely and complete applications will be reviewed on a competitive basis. Grants will be awarded by the commissioner in amounts and to parties as deemed consistent with the overall purposes of the grant program. In evaluating applications and awarding grants, the factors described in this part will be considered.
Subp. 2.
Appropriateness.
The appropriateness of the proposal must be evaluated. Appropriateness includes:
B.
the extent and history of labor-management activity within the area to be served by the proposed grant;
Subp. 3.
Attainability of goals.
The attainability of the goals in the proposal must be evaluated. Attainability includes:
B.
evaluation of the applicant's ability and capacity to implement program activities necessary to achieve stated goals;
Subp. 4.
Support for the proposal.
Evidence of support for the proposal from multiple labor-management representatives within the area will be reviewed. The evidence may be submitted in the form of letters of endorsement, resolutions of support adopted by ad hoc groups, or other form that permits consultation and verification with individual representatives by the bureau. Established committees must attach a copy of the minutes of the meeting at which the proposal was approved and the minutes should reflect the names and organizations of all persons present for the meeting.
Subp. 5.
Financial plans.
The thoroughness of the four-year financial plan submitted as a part of the proposal, including an analysis of the overall reasonableness of revenue and expense projections; the detail and reasonableness of projected funding sources and amounts; and the detail and reasonableness of projected expenditures will be considered. Established committees must attach copies of actual financial operating statements that reflect annual revenue sources and amounts and expense categories and amounts for each year of the three-year period preceding the current year, as well as for the current year-to-date.
Subp. 6.
Work plans.
The thoroughness of detailed plans for achieving the major goals and objectives of the committee will be evaluated to determine the ability of the committee to identify key tasks and action steps necessary to the attainment of goals; the designation of appropriate time frames; relevance of work plans to objectives of the grant program; and the extent of planning undertaken by the applicant with regard to its goals.
5520.0520 WORK PLAN.
Each grant application must include a work plan that describes the major work steps to be undertaken by the committee during the grant period in achieving its individual goals and objectives. Work plans should describe each area of substantial program activity contemplated by the committee, the key steps necessary to achieving each program activity, and a time frame for determining progress in each activity area. Grantees are responsible for compliance with their work plans and for advising the Office of Cooperative Labor-Management Programs of any significant alterations in the goals, objectives, or work plans of the committee. Written quarterly reports, describing the progress and problems in adhering to the work plan, must accompany financial reports in conformance to the provisions of part 5520.0560.
5520.0540 BUDGET ADJUSTMENTS.
Grant recipients must consult, in writing, with the Office of Cooperative Labor-Management Programs before making budget adjustments that:
5520.0560 QUARTERLY REPORTS.
Each grant recipient must file detailed financial and activity reports on a quarterly basis in accordance with the following schedule:
5520.0600 ACCOUNTING SYSTEM.
Each grant recipient must establish and maintain a system of financial management of the grant that complies with accepted accounting practices. The system must provide accurate, current, and complete information on the financial status of each grant-supported activity and must include the generation of periodic reports indicating the allocation of funds by activity, the amount expended, and the amount obligated. Each dollar of Area Labor-Management Committee Grant Program money must be traceable through the accounting system.
All accounting documents must be supported by source documentation such as payroll records, invoices, and purchase vouchers. All employees paid in whole or in part from grant funds must prepare time sheets reflecting the number of hours worked on grant activities during the pay period and the payroll must be based on these time sheets. Any purchase of services agreement entered into by the committee must specify the amount and nature of services to be provided in a manner that facilitates determination of an hourly or per-unit rate for those services.
5520.0620 AUDITS.
Subpart 1.
Financial and compliance audits.
All grant recipients must arrange for and undergo a financial and compliance audit at least once every two years. The audits must be performed by qualified individuals who are independent of those persons who authorize, manage, and carry out the expenditure of funds to ensure unbiased opinions, conclusions, or judgments. Grant recipients are responsible for arranging and paying for these audits. The purpose of the audit is to report on whether:
B.
financial and other reports submitted as a part of the program have been presented fairly and accurately;
E.
program objectives and results are being effectively and economically achieved.
Normal accepted auditing methods and standards must be applied in the performance of this audit. Should an auditor become aware of irregularities in financial or programmatic performance, the auditor must promptly notify the commissioner of those irregularities and, if appropriate, higher grantee management officials than the level at which irregularities appear to lie.
Subp. 2.
Audit reports.
A written audit report shall be prepared and include:
D.
comments regarding the accuracy and completeness of financial and program reports filed by the grantee.
Three copies of the written audit report must be provided to the commissioner and a copy shall be made available to each member of the committee.
5520.0700 INITIAL PAYMENTS.
No grant payments will be issued until the grant application and required work plans have received final approval by the commissioner and a written grant contract has been executed and approved.
5520.0710 SUBSEQUENT PAYMENTS.
Subsequent grant payments will be made on a quarterly basis based on submission of a payment request form and other required reports. When computing requests for payment, the recipient should first apply any unused portions of a previous grant payment toward the next month's anticipated expenditures.
5520.0800 TERMINATION OF GRANTS.
Subpart 1.
General.
Grants shall be suspended, terminated, or withdrawn, in whole or in part, by the commissioner if funds provided are used in a manner inconsistent with the policies of parts 5520.0100 to 5520.0800, or if it appears that funds are being used in a manner inconsistent with the stated goals and purpose of the grant application or approved amendments. Grants shall also be suspended, terminated, or withdrawn if it appears that the applicant is unable or unwilling to fulfill responsibilities set forth in the application.
Subp. 2.
Notice.
In the event the commissioner believes that there is reason to suspend, terminate, or withdraw a grant, the commissioner shall provide written notice to the grant recipient stating the nature of the contemplated action, the anticipated effective date, and the reasons for the action. The grant recipient may submit a written response to the notice within five working days of receipt of the notice from the commissioner. After investigating the situation, including any information provided by the committee in response to the commissioner's notice, the commissioner shall determine final action with regard to suspension, termination, or withdrawal of the grant. The commissioner shall provide written notice of the final determination to all interested parties.
7410.6180 COMMERCIAL MOTOR VEHICLE TESTING PROGRAM.
A public, postsecondary educational institution or school as described in part 7410.6100 applying to be a third-party testing program for commercial motor vehicles shall offer a training course for commercial motor vehicle operation that consists of at least 180 hours of training.