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HF 3168

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 04/18/2016 04:33pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 03/16/2016
1st Engrossment Posted on 04/18/2016

Current Version - 1st Engrossment

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A bill for an act
relating to state government; making certain supplemental appropriations and
reductions; canceling 80 percent of the senate carryforward account to the
general fund; requiring savings from reducing salaries in the executive branch,
instituting a hiring freeze, and limiting nonessential travel and advertising;
requiring receipts from examinations by the state auditor be credited to the
general fund; transferring funds in the state auditor enterprise fund to the
general fund; suspending the public subsidy program for state elections to
the end of fiscal year 2017; requiring the legislative auditor to participate in
preparing fiscal notes, revenue estimates, and local impact notes; requiring
county payments and political subdivision payments for state auditor costs be
deposited in the general fund; requiring a centralized tracking list of agency
projects over $100,000; limiting fee or fine increase by an agency to ten percent
in a biennium; prohibiting nonprofits from political activity under certain
circumstances; requiring disclosure to the legislative auditor on potential federal
penalties for the purchase or sale of state bonds; requiring legislature be notified
of certain costs in state construction projects; requiring approval of the entire
legislature for certain state building projects; requiring termination of state grant
agreement if recipient is convicted of a criminal offense related to the grant
agreement; prohibiting fees for general fund grant administration; requiring
audit of delegated authority by the commissioner of administration; adding a
provision for targeted group business; limiting number of full-time employees;
changing provisions in the Veterans Preference Act; changing a provision for
the IRRRB; defining "killed in the line of duty"; changing payments from
the manufactured home relocation trust fund; requiring a public hearing if a
proposed interim ordinance deals with housing; modifying health insurance
provisions related to school districts and certain self-insurance pools; requiring
reports; designating parking ramp financing; establishing Legislative Surrogacy
Commission; requiring a study for collecting certain fees; amending Minnesota
Statutes 2014, sections 3.971, by adding a subdivision; 3.98; 3.987, subdivision
1; 6.56, subdivision 2; 6.581, subdivision 4; 16A.103, by adding a subdivision;
16A.1283; 16B.335, subdivision 1; 16C.03, subdivision 16; 16C.16, subdivision
5; 298.22, subdivision 1; 299A.41, subdivision 3; 327C.095, subdivision 13;
353.01, subdivision 43; 462.355, subdivision 4; 471.6161, subdivision 8;
471.617, subdivision 2; Minnesota Statutes 2015 Supplement, sections 6.481,
subdivision 6; 197.46; Laws 2015, chapter 77, article 1, section 11, subdivision
4; proposing coding for new law in Minnesota Statutes, chapters 16A; 16B; 43A;
repealing Minnesota Statutes 2014, sections 3.886; 6.581, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

APPROPRIATIONS

Section 1. new text beginAPPROPRIATIONS
new text end

new text begin The sums shown in the columns marked "Appropriations" are added to or subtracted
from the appropriations in Laws 2015, chapter 77, article 1, to the agencies and for the
purposes specified in this act. The appropriations are from the general fund, or another
named fund, and are available for the fiscal years indicated for each purpose. The figures
"2016" and "2017" used in this act mean that the addition to the appropriation listed under
them are available for the fiscal year ending June 30, 2016, or June 30, 2017, respectively.
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 2016
new text end
new text begin 2017
new text end

Sec. 2. new text beginLEGISLATURE
new text end

new text begin $
new text end
new text begin -0-
new text end
new text begin $
new text end
new text begin 185,000
new text end

new text begin Eighty percent of the amount in the senate
carryforward account cancels to the general
fund on July 1, 2016.
new text end

new text begin $318,000 is appropriated to the Office of the
Legislative Auditor for new duties related
to fiscal notes, revenue estimates, and local
impact notes.
new text end

new text begin The appropriation to the Legislative
Coordinating Commission for the fiscal
year ending June 30, 2017, is reduced by
$133,000.
new text end

Sec. 3. new text beginSTATE AUDITOR
new text end

new text begin $
new text end
new text begin -0-
new text end
new text begin $
new text end
new text begin 6,951,000
new text end

Sec. 4. new text beginMN.IT SERVICES
new text end

new text begin $
new text end
new text begin -0-
new text end
new text begin $
new text end
new text begin 500,000
new text end

new text begin This appropriation is for a study of enhanced
cybersecurity across state government. This
is a onetime appropriation.
new text end

Sec. 5. new text beginADMINISTRATION
new text end

new text begin $
new text end
new text begin -0-
new text end
new text begin $
new text end
new text begin 148,000
new text end

new text begin This appropriation is for continued
implementation of the state's Olmstead plan.
new text end

Sec. 6. new text beginMINNESOTA MANAGEMENT AND
BUDGET
new text end

new text begin $
new text end
new text begin -0-
new text end
new text begin $
new text end
new text begin (318,000)
new text end

new text begin To the extent possible, the appropriation
reduction in this section must be
implemented through savings achieved in
not administering the fiscal note process.
new text end

Sec. 7. new text beginREVENUE
new text end

new text begin $1,000,000 of money previously appropriated
to the department for fiscal year 2017 must
be used for efforts to identify and reject
attempted tax refund fraud.
new text end

Sec. 8. new text beginHUMAN RIGHTS
new text end

new text begin Notwithstanding any law to the contrary,
federal funds received by the Department of
Human Rights during the biennium ending
June 30, 2017, must be deposited in the
state general fund, to the extent permitted
by agreements with the federal government.
If agreements with the federal government
do not permit federal funds received by the
department to be deposited in the state general
fund, the general fund appropriation to the
department for the biennium ending June 30,
2017, is reduced by the amount of the federal
funds received during the biennium.
new text end

Sec. 9. new text beginVETERANS AFFAIRS
new text end

new text begin $
new text end
new text begin -0-
new text end
new text begin $
new text end
new text begin 500,000
new text end

new text begin $100,000 is for a grant to Eagle's Healing Nest
for assisting veterans who are reintegrating
back into civilian and family life.
new text end

new text begin $300,000 is for the state soldiers assistance
fund, for housing assistance and health
assistance to veterans.
new text end

new text begin $100,000 is to support nonprofit organizations
in providing rent subsidies for housing for
veterans and their families at the Cottages
of Anoka.
new text end

new text begin The appropriations in this section are
onetime.
new text end

Sec. 10. new text beginMILITARY AFFAIRS
new text end

new text begin $
new text end
new text begin 1,562,000
new text end
new text begin $
new text end
new text begin 248,000
new text end

new text begin This appropriation is for security
improvements at National Guard facilities.
new text end

Sec. 11. new text beginSAVINGS; APPROPRIATION REDUCTION FOR EXECUTIVE
AGENCIES.
new text end

new text begin (a) The commissioner of management and budget must reduce general fund
appropriations to executive agencies, including constitutional offices for agency operations
for the biennium ending June 30, 2017, by $6,519,000. The Minnesota State Colleges
and Universities system is not an executive agency for purposes of this section. The
commissioner must not reduce appropriations to the Department of Veterans Affairs,
Military Affairs, Human Services, Corrections, or Public Safety. To the greatest extent
possible, these reductions must come from savings provided by the cost-savings measures
contained in this act, including:
new text end

new text begin (1) reductions in salaries of commissioners and deputy and assistant commissioners;
new text end

new text begin (2) hiring freeze; and
new text end

new text begin (3) reductions in agency expenditures on nonessential travel and advertising.
new text end

new text begin (b) The commissioner of management and budget must report to the chairs
and ranking minority members of the senate Finance Committee and the house of
representatives Ways and Means and Finance Committees regarding the amount of
reductions in spending by each agency under this section.
new text end

new text begin (c) Reductions made in fiscal year 2017 must be reflected as reductions in agency
base budgets for fiscal years 2018 and 2019.
new text end

Sec. 12. new text beginHIRING FREEZE.
new text end

new text begin Subdivision 1. new text end

new text begin Application of freeze. new text end

new text begin A state employer may not hire any permanent
or temporary employees before July 1, 2017. For purposes of this section, "state employer"
means state elected officials, departments, boards, agencies, commissions, offices, and
other hiring entities in the executive and legislative branches of state government, as those
branches are defined in Minnesota Statutes, section 43A.02. State employer does not
include the Minnesota State Colleges and Universities system.
new text end

new text begin Subd. 2. new text end

new text begin Freeze exceptions. new text end

new text begin (a) Subdivision 1 does not apply to:
new text end

new text begin (1) a student in a work-study position; or
new text end

new text begin (2) a position that is necessary to perform essential government services.
new text end

new text begin (b) A determination under paragraph (a), clause (2), must be made by the speaker
of the house with respect to house employees, the chair of the Committee on Rules
and Administration with respect to senate employees, and the Legislative Coordinating
Commission with respect to its employees, by a constitutional officer with respect to
employees of the constitutional office, and by the governor with respect to any other
employee covered by this section. Exceptions granted under paragraph (a), clause (2),
must be reported monthly by the entity granting the exception. The reports must be
published on the entity's Web site, and copies must be provided to the chairs of the house
of representatives Ways and Means and senate finance committees and to the Legislative
Reference Library.
new text end

Sec. 13. new text beginNO NONESSENTIAL TRAVEL.
new text end

new text begin During the biennium ending June 30, 2017, state funds may not be used to pay
for nonessential travel for employees of executive agencies. The governor must report
any travel monthly on the governor's Web site, and by providing copies to the chairs
of the house of representatives Ways and Means and senate finance committees and to
the Legislative Reference Library.
new text end

Sec. 14. new text beginLIMIT ON EXPENDITURES FOR ADVERTISING.
new text end

new text begin During the fiscal year ending June 30, 2017, an executive branch agency's spending
on advertising and promotions may not exceed 90 percent of the amount the agency
spent on advertising and promotions during the fiscal year ending June 30, 2016. The
commissioner of management and budget must ensure compliance with this limit, and
may issue guidelines and policies to executive agencies. The commissioner may forbid
an agency from engaging in advertising as the commissioner determines is necessary to
ensure compliance with this section. This section does not apply to the Minnesota Lottery
or Explore Minnesota Tourism. Spending during the biennium ending June 30, 2017, on
advertising relating to a declared emergency, an emergency, or a disaster, as those terms
are defined in Minnesota Statutes, section 12.03, is excluded for purposes of this section.
new text end

Sec. 15. new text beginEXECUTIVE AGENCY MANAGERS.
new text end

new text begin The salaries for the heads of all departments or agencies listed in Minnesota
Statutes, section 15.06, subdivision 1, are reduced by five percent. The salaries for
all deputy commissioners and assistant commissioners of agencies listed in Minnesota
Statutes, section 15.06, subdivision 1, are reduced by five percent. The commissioner
of management and budget must reduce the number of deputy commissioner and
assistant commissioner positions in agencies listed in Minnesota Statutes, section 15.06,
subdivision 1, by five percent.
new text end

Sec. 16. new text beginTRANSITION.
new text end

new text begin Notwithstanding any law to the contrary, receipts from examinations conducted by
the state auditor must be credited to the general fund beginning July 1, 2016. Amounts in
the state auditor enterprise fund are transferred to the general fund on July 1, 2016.
new text end

Sec. 17. new text beginPUBLIC SUBSIDY PROGRAM SUSPENDED.
new text end

new text begin Notwithstanding any law to the contrary, the public subsidy program for state
elections does not apply for the remainder of the biennium ending June 30, 2017. During
this period:
new text end

new text begin (1) no appropriations or transfers shall be made from the general fund to the state
elections campaign account;
new text end

new text begin (2) no public subsidy payments shall be made from the state elections campaign
account for any general or special election; and
new text end

new text begin (3) any written agreements made by a candidate as a condition of receiving a
payment are not effective for that election.
new text end

new text begin Amounts designated on income tax and property tax refund returns filed after the effective
date of this section and before June 30, 2017, are not effective and remain in the general
fund.
new text end

ARTICLE 2

STATE GOVERNMENT

Section 1.

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


new text begin Subd. 8a. new text end

new text begin Fiscal notes and revenue estimates. new text end

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

Sec. 2.

Minnesota Statutes 2014, section 3.98, is amended to read:


3.98 FISCAL NOTESnew text begin AND REVENUE ESTIMATESnew text end.

Subdivision 1.

Preparation.

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

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

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

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

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

Subd. 2.

Contents.

(a) deleted text beginThedeleted text endnew text begin Anew text end fiscal note, where possible, shall:

(1) cite the effect in dollar amounts;

(2) cite the statutory provisions affected;

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

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

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

(6) specify any long-range implication.

(b) deleted text beginThedeleted text endnew text begin A revenue estimate must estimate the effect of a bill on state tax revenues.
new text end

new text begin (c) Anew text end fiscal notenew text begin or revenue estimatenew text end may comment on technical or mechanical
defects in the bill but shall express no opinions concerning the merits of the proposal.

Subd. 3.

Distribution.

A copy of deleted text beginthedeleted text endnew text begin anew text end fiscal note shall be delivered to the chair
of the Ways and Means Committee of the house of representatives, the chair of the
Finance Committee of the senate, the chair of the standing committee to which the bill
has been referred, to the chief author of the bill and to the commissioner of management
and budget.new text begin A copy of a revenue estimate shall be delivered to the chairs of the house
of representatives and senate tax committees, to the chief author of the bill, and to the
commissioner of revenue.
new text end

Subd. 4.

Uniform procedure.

The deleted text begincommissioner of management and budget
deleted text endnew text beginlegislative auditornew text end shall prescribe a uniform procedure to govern the departments and
agencies of the state in complying with the requirements of this section.

new text begin Subd. 5. new text end

new text begin Tracking system. new text end

new text begin The commissioner of management and budget shall
provide the legislative auditor with manuals and other documentation requested by the
auditor for the fiscal note tracking system that is maintained by the commissioner.
new text end

Sec. 3.

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


Subdivision 1.

Local impact notes.

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

Sec. 4.

Minnesota Statutes 2015 Supplement, section 6.481, subdivision 6, is amended
to read:


Subd. 6.

Payments to state auditor.

A county audited by the state auditor must
pay the state auditor for the costs and expenses of the audit. If the state auditor makes
additional examinations of a county whose audit is performed by a CPA firm, the county
must pay the auditor for the cost of these examinations. Payments must be deposited in
the deleted text beginstate auditor enterprisedeleted text end new text begin general new text endfund.

Sec. 5.

Minnesota Statutes 2014, section 6.56, subdivision 2, is amended to read:


Subd. 2.

Billings by state auditor.

Upon the examination of the books, records,
accounts, and affairs of any political subdivision, as provided by law, such political
subdivision shall be liable to the state for the total cost and expenses of such examination,
including the salaries paid to the examiners while actually engaged in making such
examination. The state auditor may bill such political subdivision periodically for service
rendered and the officials responsible for approving and paying claims are authorized to
pay said bill promptly. Said payments shall be without prejudice to any defense against
said claims that may exist or be asserted. The deleted text beginstate auditor enterprisedeleted text end new text begingeneral new text endfund shall be
credited with all collections made for any such examinations, including interest payments
made pursuant to subdivision 3.

Sec. 6.

Minnesota Statutes 2014, section 6.581, subdivision 4, is amended to read:


Subd. 4.

Reports to legislature.

At least 30 days before implementing increased
charges for examinations, the state auditor must report the proposed increases to the
chairs and ranking minority members of the committees in the house of representatives
and the senate with jurisdiction over the budget of the state auditor. By January 15 of
each odd-numbered year, the state auditor must report to the chairs and ranking minority
members of the legislative committees and divisions with primary jurisdiction over the
budget of the state auditor a summary of deleted text beginthe state auditor enterprise funddeleted text end anticipated
revenues, and expenditures new text begin related to examinations new text endfor the biennium ending June 30
of that year. The report must also include for the biennium the number of full-time
equivalents deleted text beginpaid by the funddeleted text endnew text begin in the audit practice divisionnew text end, any audit rate changes stated as
a percentage, the number of audit reports issued, and the number of counties audited.

Sec. 7.

new text begin [16A.0565] CENTRALIZED TRACKING LIST OF AGENCY
PROJECTS.
new text end

new text begin Subdivision 1. new text end

new text begin Centralized tracking. new text end

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

new text begin Subd. 2. new text end

new text begin New agency project. new text end

new text begin (a) For purposes of this section a "new agency
project" means:
new text end

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

new text begin (2) any preexisting agency program or activity with an increase of $100,000 or more
above the base level in general fund support.
new text end

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

new text begin (1) general aid programs for units of local government, or entitlement programs
providing assistance to individuals; or
new text end

new text begin (2) a new program or activity or increase in a program or activity that is mandated
by law.
new text end

new text begin Subd. 3. new text end

new text begin Transparency requirements. new text end

new text begin The centralized tracking list maintained by
the commissioner must report the following for each new agency project:
new text end

new text begin (1) the name of the agency and title of the project;
new text end

new text begin (2) a brief description of the project and its purposes;
new text end

new text begin (3) the extent to which the project has been implemented; and
new text end

new text begin (4) the amount of money that has been spent on the project.
new text end

new text begin Subd. 4. new text end

new text begin Timing and reporting. new text end

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

Sec. 8.

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


new text begin Subd. 1h. new text end

new text begin Revenue uncertainty information. new text end

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

Sec. 9.

new text begin [16A.104] FEDERAL FUNDS REPORT.
new text end

new text begin The commissioner must report to the chairs and ranking minority members of the
house of representatives Ways and Means and senate Finance Committee on receipt of
federal funds by the state. The report must be submitted with the governor's detailed
operating budget in accordance with section 16A.11, subdivision 1, in an odd-numbered
year and within ten days prior to the start of the regular session in accordance with section
3.3005, subdivision 2, in an even-numbered year. The report must include the total amount
of federal funds received by the state in the fiscal year ending the prior June 30 and the
total amount of federal funds anticipated to be received by the state in the current fiscal
year. For each category of federal funding, the report must list:
new text end

new text begin (1) the name of the federal grant or federal funding source, the federal agency
providing the funding, a federal identification number, and a brief description of the
purpose of the federal funding;
new text end

new text begin (2) the amount of federal funding the state received through that grant or source in
the fiscal year ending the prior June 30 and the total amount of federal funds anticipated to
be received by the state in the current fiscal year;
new text end

new text begin (3) if there is a federal maintenance-of-effort requirement associated with the funding;
new text end

new text begin (4) the number of full-time equivalent state employees needed to implement the
federal funding; and
new text end

new text begin (5) the amount of state funds spent, as a match or otherwise, in conjunction with
receipt of the federal funding in the fiscal year ending the prior June 30, and the amount of
state funds anticipated to be spent in the current fiscal year.
new text end

Sec. 10.

Minnesota Statutes 2014, section 16A.1283, is amended to read:


16A.1283 LEGISLATIVE APPROVAL REQUIRED FOR FEES.

(a) Notwithstanding any law to the contrary, an executive branch state agency may
not impose a new fee or increase an existing fee unless the new fee or increase is approved
by law. new text begin An agency must not propose a fee or fine increase of more than ten percent
in a biennium over the same fee or fine in law at the start of the same biennium.
new text endFor
purposes of this section, a fee is any charge for goods, services, regulation, or licensure,
and, notwithstanding paragraph (b), clause (3), includes charges for admission to or for
use of public facilities owned by the state.

(b) This section does not apply to:

(1) charges billed within or between state agencies, or billed to federal agencies;

(2) the Minnesota State Colleges and Universities system;

(3) charges for goods and services provided for the direct and primary use of a
private individual, business, or other entity;

(4) charges that authorize use of state-owned lands and minerals administered by
the commissioner of natural resources by the issuance of leases, easements, cooperative
farming agreements, and land and water crossing licenses and charges for sales of
state-owned lands administered by the commissioner of natural resources; or

(5) state park fees and charges established by commissioner's order.

(c) An executive branch agency may reduce a fee that was set by rule before July
1, 2001, without legislative approval. Chapter 14 does not apply to fee reductions under
this paragraph.

Sec. 11.

new text begin [16A.6415] FEDERAL PENALTIES RELATING TO PURCHASE OR
SALE OF STATE BONDS.
new text end

new text begin (a) The commissioner must disclose to the legislative auditor any situation that the
commissioner believes potentially could subject the state or a state agency to payment of a
penalty to the federal government in connection with the purchase or sale of bonds issued
by the state. This disclosure must be made within ten days of the commissioner learning
of the situation that has potential to subject the state to a federal penalty.
new text end

new text begin (b) Payment of a penalty to the federal government in connection with the purchase
or sale of state bonds issued by the state must be made from funds appropriated for general
operations of the department. If the commissioner determines that it is not feasible to pay
the penalty from these funds, the commissioner may seek approval under the process in
section 3.30 for use of contingent account appropriations.
new text end

new text begin (c) The commissioner must disclose to the legislative auditor and to the chairs and
ranking minority members of the house of representatives Ways and Means Committee,
senate Finance Committee, and house of representatives and senate committees with
jurisdiction over capital investment the payment of a penalty by the commissioner or a
state agency to the federal government in connection with the purchase or sale of bonds
issued by the state. A disclosure under this paragraph must be made within ten days of the
commissioner or a state agency paying the penalty.
new text end

Sec. 12.

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


Subdivision 1.

Construction and major remodeling.

(a) The commissioner, or
any other recipient to whom an appropriation is made to acquire or better public lands
or buildings or other public improvements of a capital nature, must not prepare final
plans and specifications for any construction, major remodeling, or land acquisition in
anticipation of which the appropriation was made until the agency that will use the
project has presented the program plan and cost estimates for all elements necessary to
complete the project to the chair of the senate Finance Committee and the chair of the
house of representatives Ways and Means Committee and the chairs have made their
recommendations, and the chair and ranking minority member of the senate Capital
Investment Committee and the chair and ranking minority member of the house of
representatives Capital Investment Committee are notified. "Construction or major
remodeling" means construction of a new building, a substantial addition to an existing
building, or a substantial change to the interior configuration of an existing building. The
presentation must note any significant changes in the work that will be done, or in its cost,
since the appropriation for the project was enacted or from the predesign submittal. The
program plans and estimates must be presented for review at least two weeks before a
recommendation is needed. The recommendations are advisory only. Failure or refusal to
make a recommendation is considered a negative recommendation.

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

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

Sec. 13.

new text begin [16B.336] NEW STATE BUILDINGS.
new text end

new text begin Any requirement for legislative approval of construction of a state building may be
fulfilled only by approval of the entire legislature in a bill enacted into law, and may not be
fulfilled by approval of one or more committees of the legislature.
new text end

Sec. 14.

new text begin [16B.991] TERMINATION OF GRANT.
new text end

new text begin Each grant agreement subject to sections 16B.97 and 16B.98 must provide that
the agreement will immediately be terminated if the recipient is convicted of a criminal
offense relating to a state grant agreement.
new text end

Sec. 15.

new text begin [16B.992] NO FEES FOR GENERAL FUND GRANT
ADMINISTRATION.
new text end

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

Sec. 16.

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


Subd. 16.

Delegation of duties.

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

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

Sec. 17.

Minnesota Statutes 2014, section 16C.16, subdivision 5, is amended to read:


Subd. 5.

Designation of targeted groups.

(a) The commissioner of administration
shall periodically designate businesses that are majority owned and operated by women,
persons with a substantial physical disability, or specific minorities as targeted group
businesses within purchasing categories as determined by the commissioner. A group
may be targeted within a purchasing category if the commissioner determines there is a
statistical disparity between the percentage of purchasing from businesses owned by
group members and the representation of businesses owned by group members among all
businesses in the state in the purchasing category.

(b) In addition to designations under paragraph (a)deleted text begin,deleted text endnew text begin: (1)new text end an individual business may
be included as a targeted group business if the commissioner determines that inclusion is
necessary to remedy discrimination against the owner based on race, gender, or disability
in attempting to operate a business that would provide goods or services to public
agenciesnew text begin; and (2) an individual business must be included as a targeted group business if
the business agrees that its workforce will be composed of at least 40 percent minority
persons or veterans, and that this agreement will be expressed as a condition of any
contract between the state and the business
new text end.

(c) The designations of purchasing categories and businesses under paragraphs
(a) and (b) are not rules for purposes of chapter 14, and are not subject to rulemaking
procedures of that chapter.

Sec. 18.

new text begin [43A.035] LIMIT ON NUMBER OF FULL-TIME EQUIVALENT
EMPLOYEES.
new text end

new text begin The total number of full-time equivalent employees employed in all executive
branch agencies may not exceed 35,927. As provided in article 1, section 12, an executive
branch agency may not hire a new employee during the biennium ending June 30, 2017,
except as authorized in article 1, section 12. Any reductions in staff should prioritize
protecting client-facing health care workers, corrections officers, public safety workers,
and mental health workers. As a means of achieving compliance with this requirement,
the commissioner may authorize an agency to provide an early retirement incentive to an
executive branch employee, under which the state will continue to make the employer
contribution for health insurance after the employee has terminated state service. The
commissioner must prescribe eligibility requirements and the maximum duration of the
payments. For purposes of this section, an "executive agency" does not include the
Minnesota State Colleges and Universities or statewide pension plans.
new text end

Sec. 19.

Minnesota Statutes 2015 Supplement, section 197.46, is amended to read:


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

(a) Any person whose rights may be in any way prejudiced contrary to any of the
provisions of this section, deleted text beginshall bedeleted text endnew text begin isnew text end entitled to a writ of mandamus to remedy the wrong.
No person holding a position by appointment or employment in deleted text beginthe several countiesdeleted text endnew text begin any
county
new text end, deleted text begincitiesdeleted text endnew text begin citynew text end, deleted text begintownsdeleted text endnew text begin townnew text end, school deleted text begindistricts and alldeleted text end new text begindistrict, or any new text endother political
deleted text beginsubdivisionsdeleted text endnew text begin subdivisionnew text end in the statedeleted text begin,deleted text end who is a veteran separated from the military service
under honorable conditions, shall be removed from deleted text beginsuchdeleted text endnew text begin thenew text end position or employment
except for incompetency or misconduct shown after a hearing, upon due notice, upon
stated charges, in writing.

(b) Any veteran who has been notified of the intent to discharge the veteran from an
appointed position or employment pursuant to this section shall be notified in writing of
deleted text beginsuchdeleted text endnew text begin thenew text end intent to discharge and of the veteran's right to request a hearing within 60 days
of receipt of the notice of intent to discharge. The failure of a veteran to request a hearing
within the provided 60-day period deleted text beginshall constitutedeleted text endnew text begin constitutesnew text end a waiver of the right to a
hearing. deleted text beginSuchdeleted text endnew text begin Thenew text end failure deleted text beginshalldeleted text end also deleted text beginwaivedeleted text endnew text begin waivesnew text end all other available legal remedies for
reinstatement.

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

(c) In all governmental subdivisions having an established civil service board or
commission, or merit system authority, deleted text beginsuchdeleted text end new text beginthe veteran may elect to have the new text endhearing for
removal or discharge deleted text beginshall be helddeleted text end before deleted text beginsuchdeleted text endnew text begin thenew text end civil service board or commission or
merit system authoritynew text begin, or before a board of three persons as specified in this paragraphnew text end.
Where no deleted text beginsuchdeleted text end civil service board or commission or merit system authority exists, deleted text beginsuch
deleted text endnew text beginthenew text end hearing shall be held by a board of three persons appointed as follows: one by the
governmental subdivision, one by the veteran, and the third by the two so selected. In the
event that the hearing is authorized to be held before a deleted text beginthree-persondeleted text end boardnew text begin of three personsnew text end,
the governmental subdivision's notice of intent to discharge shall state that the veteran must
respond within 60 days of receipt of the notice of intent to discharge, and provide in writing
to the governmental subdivision the name, United States mailing address, and telephone
number of the veteran's selected representative for the deleted text beginthree-persondeleted text end boardnew text begin of three personsnew text end.
The failure of a veteran to submit the name, address, and telephone number of the veteran's
selected representative to the governmental subdivision by mail or by personal service
within the provided notice's 60-day period, deleted text beginshall constitutedeleted text endnew text begin constitutesnew text end a waiver of the
veteran's right to the hearing and all other legal remedies available for reinstatement of the
veteran's employment position. In the event the deleted text begintwo personsdeleted text end new text beginperson new text endselected by the veteran
and new text beginthe person selected by the new text endgovernmental subdivision do not appoint the third person
within ten days after the appointment of the last of the two, then the judge of the district
court of the county deleted text beginwhereindeleted text endnew text begin wherenew text end the proceeding is pending, or if there deleted text beginbedeleted text endnew text begin isnew text end more than one
judge in deleted text beginsaiddeleted text endnew text begin thenew text end county then any judge in chambersdeleted text begin, shall havedeleted text endnew text begin hasnew text end jurisdiction to appointdeleted text begin,
and
deleted text end new text beginthe third person.new text end Upon application deleted text beginof either or both of the two so selecteddeleted text end new text beginby the
person selected by the governmental subdivision or by the person selected by the veteran,
or upon application by both, the judge
new text endshall appointdeleted text begin,deleted text end the third person to the board deleted text beginand the
person so appointed by the judge
deleted text endnew text begin whonew text end with the two first selected shall constitute the board.

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

(e) For disputes heard by a civil service board, new text begincommission or merit system authority,
or by a board of three persons,
new text endthe deleted text beginpoliticaldeleted text endnew text begin governmentalnew text end subdivisions shall bear all costs
associated with the hearing but not including attorney fees for attorneys representing the
veteran. deleted text beginFor disputes heard by a three-person panel, all parties shall bear equally all costs
associated with the hearing, but not including attorney fees for attorneys representing the
veteran.
deleted text end If the veteran prevails in a dispute heard by a civil service board deleted text beginor a three-person
panel
deleted text endnew text begin, commission or merit system authority, or by a board of three personsnew text end and the hearing
reverses deleted text beginall aspects ofdeleted text endnew text begin the level of the alleged incompetency or misconduct requiring new text end
discharge, the governmental subdivision shall pay the veteran's reasonable attorney fees.

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

Sec. 20.

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


Subdivision 1.

The Office of the Commissioner of Iron Range resources
and rehabilitation.

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

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

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

Sec. 21.

Minnesota Statutes 2014, section 299A.41, subdivision 3, is amended to read:


Subd. 3.

Killed in the line of duty.

"Killed in the line of duty" does not include
deaths from natural causesnew text begin, except as provided in this subdivisionnew text end. In the case of a deleted text beginpeacedeleted text endnew text begin
public safety
new text end officer, deleted text begin"deleted text endkilled in the line of dutydeleted text begin"deleted text end includes the death of deleted text beginandeleted text endnew text begin a public safetynew text end
officer caused by accidental means while the deleted text beginpeacedeleted text end new text beginpublic safetynew text end officer is acting in the
course and scope of duties as a deleted text beginpeacedeleted text end new text beginpublic safety new text endofficer.new text begin Killed in the line of duty also
means if a public safety officer dies as the direct and proximate result of a heart attack,
stroke, or vascular rupture, that officer shall be presumed to have died as the direct and
proximate result of a personal injury sustained in the line of duty if:
new text end

new text begin (1) that officer, while on duty:
new text end

new text begin (i) engaged in a situation, and that engagement involved nonroutine stressful or
strenuous physical law enforcement, fire suppression, rescue, hazardous material response,
emergency medical services, prison security, disaster relief, or other emergency response
activity; or
new text end

new text begin (ii) participated in a training exercise, and that participation involved nonroutine
stressful or strenuous physical activity;
new text end

new text begin (2) that officer died as a result of a heart attack, stroke, or vascular rupture suffered:
new text end

new text begin (i) while engaging or participating under clause (1);
new text end

new text begin (ii) while still on duty after engaging or participating under clause (1); or
new text end

new text begin (iii) not later than 24 hours after engaging or participating under clause (1); and
new text end

new text begin (3) the presumption is not overcome by competent medical evidence to the contrary.
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. 22.

Minnesota Statutes 2014, section 327C.095, subdivision 13, is amended to read:


Subd. 13.

Change in use, relocation expenses; payments by park owner.

(a)
If a manufactured home owner is required to relocate due to the conversion of all or a
portion of a manufactured home park to another use, the closure of a manufactured home
park, or cessation of use of the land as a manufactured home park under subdivision 1,
and the manufactured home owner complies with the requirements of this section, the
manufactured home owner is entitled to payment from the Minnesota manufactured home
relocation trust fund equal to the manufactured home owner's actual relocation costs for
relocating the manufactured home to a new location within a 25-mile radius of the park
that is being closed, up to a maximum of deleted text begin$4,000deleted text endnew text begin $7,000new text end for a single-section and deleted text begin$8,000
deleted text endnew text begin$12,500new text end for a multisection manufactured home. The actual relocation costs must include
the reasonable cost of taking down, moving, and setting up the manufactured home,
including equipment rental, utility connection and disconnection charges, minor repairs,
modifications necessary for transportation of the home, necessary moving permits and
insurance, moving costs for any appurtenances, which meet applicable local, state, and
federal building and construction codes.

(b) A manufactured home owner is not entitled to compensation under paragraph (a)
if the manufactured home park owner is not required to make a payment to the Minnesota
manufactured home relocation trust fund under subdivision 12, paragraph (b).

(c) Except as provided in paragraph (e), in order to obtain payment from the
Minnesota manufactured home relocation trust fund, the manufactured home owner shall
submit to the neutral third party and the Minnesota Housing Finance Agency, with a copy
to the park owner, an application for payment, which includes:

(1) a copy of the closure statement under subdivision 1;

(2) a copy of the contract with a moving or towing contractor, which includes the
relocation costs for relocating the manufactured home;

(3) a statement with supporting materials of any additional relocation costs as
outlined in subdivision 1;

(4) a statement certifying that none of the exceptions to receipt of compensation
under subdivision 12, paragraph (b), apply to the manufactured home owner;

(5) a statement from the manufactured park owner that the lot rental is current
and that the annual $12 payments to the Minnesota manufactured home relocation trust
fund have been paid when due; and

(6) a statement from the county where the manufactured home is located certifying
that personal property taxes for the manufactured home are paid through the end of that year.

(d) If the neutral third party has acted reasonably and does not approve or deny
payment within 45 days after receipt of the information set forth in paragraph (c), the
payment is deemed approved. Upon approval and request by the neutral third party,
the Minnesota Housing Finance Agency shall issue two checks in equal amount for 50
percent of the contract price payable to the mover and towing contractor for relocating
the manufactured home in the amount of the actual relocation cost, plus a check to the
home owner for additional certified costs associated with third-party vendors, that were
necessary in relocating the manufactured home. The moving or towing contractor shall
receive 50 percent upon execution of the contract and 50 percent upon completion of
the relocation and approval by the manufactured home owner. The moving or towing
contractor may not apply the funds to any other purpose other than relocation of the
manufactured home as provided in the contract. A copy of the approval must be forwarded
by the neutral third party to the park owner with an invoice for payment of the amount
specified in subdivision 12, paragraph (a).

(e) In lieu of collecting a relocation payment from the Minnesota manufactured
home relocation trust fund under paragraph (a), the manufactured home owner may collect
an amount from the fund after reasonable efforts to relocate the manufactured home
have failed due to the age or condition of the manufactured home, or because there are
no manufactured home parks willing or able to accept the manufactured home within a
25-mile radius. A manufactured home owner may tender title of the manufactured home in
the manufactured home park to the manufactured home park owner, and collect an amount
to be determined by an independent appraisal. The appraiser must be agreed to by both
the manufactured home park owner and the manufactured home owner. new text beginIf the appraised
market value cannot be determined, the tax market value, averaged over a period of five
years, can be used as a substitute.
new text endThenew text begin maximumnew text end amount that may be reimbursed under
the fund is deleted text begina maximum of $5,000deleted text endnew text begin $8,000new text end for a single-section and deleted text begin$9,000deleted text endnew text begin $14,500new text end for a
multisection manufactured home.new text begin The minimum amount that may be reimbursed under the
fund is $4,000 for a single section and $8,000 for a multisection manufactured home.
new text end The
manufactured home owner shall deliver to the manufactured home park owner the current
certificate of title to the manufactured home duly endorsed by the owner of record, and
valid releases of all liens shown on the certificate of title, and a statement from the county
where the manufactured home is located evidencing that the personal property taxes have
been paid. The manufactured home owner's application for funds under this paragraph
must include a document certifying that the manufactured home cannot be relocated, that
the lot rental is current, that the annual $12 payments to the Minnesota manufactured home
relocation trust fund have been paid when due, that the manufactured home owner has
chosen to tender title under this section, and that the park owner agrees to make a payment
to the commissioner of management and budget in the amount established in subdivision
12, paragraph (a), less any documented costs submitted to the neutral third party, required
for demolition and removal of the home, and any debris or refuse left on the lot, not to
exceed $1,000. The manufactured home owner must also provide a copy of the certificate
of title endorsed by the owner of record, and certify to the neutral third party, with a copy
to the park owner, that none of the exceptions to receipt of compensation under subdivision
12, paragraph (b), clauses (1) to (6), apply to the manufactured home owner, and that the
home owner will vacate the home within 60 days after receipt of payment or the date of
park closure, whichever is earlier, provided that the monthly lot rent is kept current.

(f) The Minnesota Housing Finance Agency must make a determination of the
amount of payment a manufactured home owner would have been entitled to under a local
ordinance in effect on May 26, 2007. Notwithstanding paragraph (a), the manufactured
home owner's compensation for relocation costs from the fund under section 462A.35, is
the greater of the amount provided under this subdivision, or the amount under the local
ordinance in effect on May 26, 2007, that is applicable to the manufactured home owner.
Nothing in this paragraph is intended to increase the liability of the park owner.

(g) Neither the neutral third party nor the Minnesota Housing Finance Agency shall
be liable to any person for recovery if the funds in the Minnesota manufactured home
relocation trust fund are insufficient to pay the amounts claimed. The Minnesota Housing
Finance Agency shall keep a record of the time and date of its approval of payment to a
claimant.

(h) The agency shall report to the chairs of the senate Finance Committee and
house of representatives Ways and Means Committee by January 15 of each year on
the Minnesota manufactured home relocation trust fund, including the account balance,
payments to claimants, the amount of any advances to the fund, the amount of any
insufficiencies encountered during the previous calendar year, and any administrative
charges or expenses deducted from the trust fund balance. If sufficient funds become
available, the Minnesota Housing Finance Agency shall pay the manufactured home
owner whose unpaid claim is the earliest by time and date of approval.

Sec. 23.

Minnesota Statutes 2014, section 353.01, subdivision 43, is amended to read:


Subd. 43.

Line of duty death.

"Line of duty death" meansnew text begin:
new text end

new text begin (1)new text end a death that occurs while performing or as a direct result of performing normal or
less frequent duties which are specific to protecting the property and personal safety of
others and that present inherent dangers that are specific to the positions covered by the
public employees police and fire plandeleted text begin.deleted text endnew text begin; or
new text end

new text begin (2) a death determined by the commissioner of public safety to meet the requirements
of section 299A.41, subdivision 3.
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. 24.

Minnesota Statutes 2014, section 462.355, subdivision 4, is amended to read:


Subd. 4.

Interim ordinance.

(a) If a municipality is conducting studies or has
authorized a study to be conducted or has held or has scheduled a hearing for the purpose
of considering adoption or amendment of a comprehensive plan or official controls
as defined in section 462.352, subdivision 15, or if new territory for which plans or
controls have not been adopted is annexed to a municipality, the governing body of the
municipality may adopt an interim ordinance applicable to all or part of its jurisdiction for
the purpose of protecting the planning process and the health, safety and welfare of its
citizens. The interim ordinance may regulate, restrict, or prohibit any use, development,
or subdivision within the jurisdiction or a portion thereof for a period not to exceed one
year from the date it is effective.

(b) If a proposed interim ordinance purports to regulate, restrict, or prohibit activities
relating to livestock production, a public hearing must be held following a ten-day notice
given by publication in a newspaper of general circulation in the municipality before
the interim ordinance takes effect.

(c)new text begin If a proposed interim ordinance by a statutory or home rule charter city purports
to regulate, restrict, or prohibit activities relating to housing, a public hearing must be held
following a ten-day notice given by publication in a newspaper of general circulation in
the municipality before the interim ordinance takes effect.
new text end

new text begin (d)new text end The period of an interim ordinance applicable to an area that is affected by
a city's master plan for a municipal airport may be extended for such additional periods
as the municipality may deem appropriate, not exceeding a total additional period of 18
months. In all other cases, no interim ordinance may halt, delay, or impede a subdivision
that has been given preliminary approval, nor may any interim ordinance extend the
time deadline for agency action set forth in section 15.99 with respect to any application
filed prior to the effective date of the interim ordinance. The governing body of the
municipality may extend the interim ordinance after a public hearing and written findings
have been adopted based upon one or more of the conditions in clause (1), (2), or (3).
The public hearing must be held at least 15 days but not more than 30 days before the
expiration of the interim ordinance, and notice of the hearing must be published at least
ten days before the hearing. The interim ordinance may be extended for the following
conditions and durations, but, except as provided in clause (3), an interim ordinance may
not be extended more than an additional 18 months:

(1) up to an additional 120 days following the receipt of the final approval or review
by a federal, state, or metropolitan agency when the approval is required by law and the
review or approval has not been completed and received by the municipality at least 30
days before the expiration of the interim ordinance;

(2) up to an additional 120 days following the completion of any other process
required by a state statute, federal law, or court order, when the process is not completed at
least 30 days before the expiration of the interim ordinance; or

(3) up to an additional one year if the municipality has not adopted a comprehensive
plan under this section at the time the interim ordinance is enacted.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for interim ordinances proposed on
or after August 1, 2016.
new text end

Sec. 25.

Minnesota Statutes 2014, section 471.6161, subdivision 8, is amended to read:


Subd. 8.

School districts; group health insurance coverage.

(a) Any entity
providing group health insurance coverage to a school district must provide the school
district with school district-specific nonidentifiable aggregate claims records for the most
recent 24 months within 30 days of the request.

(b) School districts shall request proposals for group health insurance coverage as
provided in subdivision 2 from a minimum of three potential sources of coverage. deleted text beginOne of
these requests must go to an administrator governed by chapter 43A.
deleted text end Entities referenced
in subdivision 1 must respond to requests for proposals received directly from a school
district. School districts that are self-insured must also follow these provisions, except
as provided in paragraph (f). School districts must make requests for proposals at least
150 days prior to the expiration of the existing contract but not more frequently than once
every 24 months. The request for proposals must include the most recently available
24 months of nonidentifiable aggregate claims data. The request for proposals must be
publicly released at or prior to its release to potential sources of coverage.

(c) School district contracts for group health insurance must not be longer than deleted text begintwo deleted text end
new text beginfivenew text end years deleted text beginunless the exclusive representative of the largest employment group and the
school district agree otherwise
deleted text endnew text begin, except that contracts for group health insurance negotiated
in connection with a service cooperative, governed by section 123A.21, must not be
longer than four years
new text end.

(d) All initial proposals shall be sealed upon receipt until they are all opened no less
than 90 days prior to the plan's renewal date in the presence of up to three representatives
selected by the exclusive representative of the largest group of employees. Section 13.591,
subdivision 3
, paragraph (b), applies to data in the proposals. The representatives of
the exclusive representative must maintain the data according to this classification and
are subject to the remedies and penalties under sections 13.08 and 13.09 for a violation
of this requirement.

(e) A school district, in consultation with the same representatives referenced in
paragraph (d), may continue to negotiate with any entity that submitted a proposal under
paragraph (d) in order to reduce costs or improve services under the proposal. Following
the negotiations any entity that submitted an initial proposal may submit a final proposal
incorporating the negotiations, which is due no less than 75 days prior to the plan's
renewal date. All the final proposals submitted must be opened at the same time in the
presence of up to three representatives selected by the exclusive representative of the
largest group of employees. Notwithstanding section 13.591, subdivision 3, paragraph (b),
following the opening of the final proposals, all the proposals, including any made under
paragraph (d), and other data submitted in connection with the proposals are public data.
The school district may choose from any of the initial or final proposals without further
negotiations and in accordance with subdivision 5, but not sooner than 15 days after
the proposals become public data.

(f) School districts that are self-insured shall follow all of the requirements of this
section, except that:

(1) their requests for proposals may be for third-party administrator services, where
applicable;

(2) these requests for proposals must be from a minimum of three different sources,
which may include both entities referenced in subdivision 1 and providers of third-party
administrator services;

deleted text begin (3) for purposes of fulfilling the requirement to request a proposal for group
insurance coverage from an administrator governed by chapter 43A, self-insured districts
are not required to include in the request for proposal the coverage to be provided;
deleted text end

deleted text begin (4) a district that is self-insured on or before the date of enactment, or that is
self-insured with more than 1,000 insured lives, or a district in which the school board
adopted a motion on or before May 14, 2014, to approve a self-insured health care plan
to be effective July 1, 2014, may, but need not, request a proposal from an administrator
governed by chapter 43A;
deleted text end

deleted text begin (5)deleted text endnew text begin (3) new text end requests for proposals must be sent to providers no less than 90 days prior to
the expiration of the existing contract; and

deleted text begin (6)deleted text endnew text begin (4)new text end proposals must be submitted at least 60 days prior to the plan's renewal date
and all proposals shall be opened at the same time and in the presence of the exclusive
representative, where applicable.

(g) Nothing in this section shall restrict the authority granted to school district boards
of education by section 471.59deleted text begin, except that districts will not be considered self-insured for
deleted text enddeleted text beginpurposes of this subdivision solely through participation in a joint powers arrangementdeleted text end.

(h) An entity providing group health insurance to a school district under a multiyear
contract must give notice of any rate or plan design changes applicable under the contract
at least 90 days before the effective date of any change. The notice must be given to the
school district and to the exclusive representatives of employees.

new text begin (i) The exclusive representative of the largest group of employees shall comply
with this subdivision and must not exercise any of their abilities under section 43A.316,
subdivision 5, notwithstanding anything contained in that section, or any other law to the
contrary.
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. 26.

Minnesota Statutes 2014, section 471.617, subdivision 2, is amended to read:


Subd. 2.

Jointly.

Any two or more statutory or home rule charter cities, counties,
school districts, or instrumentalities thereof which together have more than 100 employees
may jointly self-insure for any employee health benefits including long-term disability, but
not for employee life benefits, subject to the same requirements as an individual self-insurer
under subdivision 1. Self-insurance pools under this section are subject to section 62L.045.
A self-insurance pool established and operated by one or more service cooperatives
governed by section 123A.21 to provide coverage described in this subdivision qualifies
under this subdivisiondeleted text begin, but the individual school district members of such a pool shall not
be considered to be self-insured for purposes of section 471.6161, subdivision 8, paragraph
(f)
deleted text end. The commissioner of commerce may adopt rules pursuant to chapter 14, providing
standards or guidelines for the operation and administration of self-insurance pools.

Sec. 27.

Laws 2015, chapter 77, article 1, section 11, subdivision 4, is amended to read:


Subd. 4.

Fiscal Agent

12,957,000
11,737,000

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

In-Lieu of Rent. $8,158,000 the first year
and $8,158,000 the second year are for
space costs of the legislature and veterans
organizations, ceremonial space, and
statutorily free space. In-lieu of rent may be
used for rent loss and relocation expenses
related to the Capitol restoration in the fiscal
year 2014-2015 biennium and fiscal year
2016-2017 biennium.

Relocation Expenses. $1,380,000 the first
year and $960,000 the second year are for
rent loss and relocation expenses related
to the Capitol renovation project. This is a
onetime appropriation.

Public Broadcasting. (a) $1,550,000 the
first year and $1,550,000 the second year are
for matching grants for public television.

(b) $550,000 the first year and $250,000
the second year are for public television
equipment grants under Minnesota Statutes,
section 129D.13.

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

(d) $592,000 the first year and $392,000 the
second year are for community service grants
to public educational radio stations. This
appropriation may be used to disseminate
emergency information in foreign languages.

(e) $167,000 the first year and $117,000
the second year are for equipment grants
to public educational radio stations. This
appropriation may be used for the repair,
rental, and purchase of equipment including
equipment under $500.

(f) $560,000 the first year and $310,000
the second year are for equipment grants
to Minnesota Public Radio, Inc., including
upgrades to Minnesota's Emergency Alert
and AMBER Alert Systems.

(g) The appropriations in paragraphs (d),
(e), and (f)deleted text begin,deleted text end may not be used for indirect
costs claimed by an institution or governing
body. The commissioner of administration
must consider the recommendations of
the Minnesota Public Educational Radio
Stations before awarding grants under
Minnesota Statutes, section 129D.14, using
the appropriations in paragraphs (d)deleted text begin,deleted text endnew text begin andnew text end (e)deleted text begin,
and (f)
deleted text end. No grantee is eligible for a grant new text beginof
the appropriations in paragraphs (d) and (e)
new text endunless they are a member of the Association
of Minnesota Public Educational Radio
Stations on or before July 1, 2015.

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from July 1, 2015.
new text end

Sec. 28. new text beginREPORT ON STATE EMPLOYEE OUT-OF-STATE TRAVEL
EXPENSES.
new text end

new text begin The commissioner of management and budget shall audit state employee out-of-state
travel expenses incurred between July 1, 2013, and June 30, 2016. The audit shall identify
the amount spent on nonessential travel. For purposes of this section, travel is nonessential
unless it is necessary to protect the safety or other essential interests of the citizens of the
state. The commissioner of management and budget shall report to the chairs and ranking
minority members of the legislative committees in the house of representatives and senate
with jurisdiction over state employees by February 17, 2017. The commissioner must use
the department's existing budget to fund the audit.
new text end

Sec. 29. new text beginSTATE AUDITOR REPORT.
new text end

new text begin The state auditor must report to the chairs and ranking minority members of the
house of representatives and senate finance committees with jurisdiction over the Office
of the State Auditor by January 15, 2017. The report must include a strategic plan to
ensure that all local governments receive adequate oversight from the Office of the State
Auditor. In preparing this strategic plan, the state auditor must assess what types of audits
performed by the Office of the State Auditor are the most effective mechanisms for
ensuring that public funds have been used appropriately, what types of audit work can be
performed efficiently by certified public accounting (CPA) firms, and what is the most
effective deployment of audit resources available to the Office of the State Auditor. The
report must also evaluate the continuing importance of the reports, other than financial
audits, that the Office of the State Auditor produces on a regular basis.
new text end

Sec. 30. new text beginPARKING RAMP FINANCING.
new text end

new text begin The debt service on the design and construction costs allocated to the parking garage
located on the block bounded by Sherburne Avenue on the north, Park Street on the west,
University Avenue on the south, and North Capitol Boulevard on the east must be paid
for exclusively by fees charged to persons parking in that parking garage. No fees may
be charged to members of the public parking in spaces designated for persons with a
disability parking certificate.
new text end

Sec. 31. new text beginREPORT ON MNSURE COSTS TO COUNTIES.
new text end

new text begin The state auditor must report to the legislature by January 15, 2017, on costs
incurred by Minnesota counties related to eligibility determinations and related enrollment
activities for medical assistance enrollees and MinnesotaCare enrollees that are due to
implementing the Minnesota Eligibility Technology System administered by MNsure.
new text end

Sec. 32. new text beginLEGISLATIVE SURROGACY COMMISSION.
new text end

new text begin Subdivision 1. new text end

new text begin Membership. new text end

new text begin The Legislative Commission on Surrogacy shall
consist of 15 members, appointed as follows:
new text end

new text begin (1) three members of the senate appointed by the senate majority leader;
new text end

new text begin (2) three members of the senate appointed by the senate minority leader;
new text end

new text begin (3) three members of the house of representatives appointed by the speaker of the
house;
new text end

new text begin (4) three members of the house of representatives appointed by the house of
representatives minority leader;
new text end

new text begin (5) the commissioner of human services or the commissioner's designee;
new text end

new text begin (6) the commissioner of health or the commissioner's designee; and
new text end

new text begin (7) a family court referee appointed by the chief justice of the state Supreme Court.
new text end

new text begin Appointments must be made by June 1, 2016.
new text end

new text begin Subd. 2. new text end

new text begin Chair. new text end

new text begin The commission shall elect a chair from among its members.
new text end

new text begin Subd. 3. new text end

new text begin Meetings. new text end

new text begin The ranking majority member of the commission who is
appointed by the senate majority leader shall convene the first meeting by July 1, 2016.
The commission shall have at least six meetings but may not have more than ten meetings.
new text end

new text begin Subd. 4. new text end

new text begin Conflict of interest. new text end

new text begin A commission member may not participate in or
vote on a decision of the commission in which the member has either a direct or indirect
personal financial interest. A witness at a public meeting of the commission must disclose
any financial conflict of interest.
new text end

new text begin Subd. 5. new text end

new text begin Duties. new text end

new text begin The commission shall develop recommendations on public policy
and laws regarding surrogacy. To develop the recommendations, the commission shall
study surrogacy through public hearings, research, and deliberation. Topics for study
include, but are not limited to:
new text end

new text begin (1) potential health and psychological effects and benefits on women who serve
as surrogates;
new text end

new text begin (2) potential health and psychological effects and benefits on children born of
surrogates;
new text end

new text begin (3) business practices of the fertility industry, including attorneys, brokers, and
clinics;
new text end

new text begin (4) considerations related to different forms of surrogacy;
new text end

new text begin (5) considerations related to the potential exploitation of women in surrogacy
arrangements;
new text end

new text begin (6) contract law implications when a surrogacy contract is breached;
new text end

new text begin (7) potential conflicts with statutes governing private adoption and termination
of parental rights;
new text end

new text begin (8) potential for legal conflicts related to third-party reproduction, including conflicts
between or amongst the surrogate mother, the intended parents, the child, insurance
companies, and medical professionals;
new text end

new text begin (9) public policy determinations of other jurisdictions with regard to surrogacy; and
new text end

new text begin (10) information to be provided to a child born of a surrogate about the child's
biological and gestational parents.
new text end

new text begin Subd. 6. new text end

new text begin Reporting. new text end

new text begin The commission must submit a report including its
recommendations and may draft legislation to implement its recommendations to
the chairs and ranking minority members of the legislative committees with primary
jurisdiction over health and judiciary in the house of representatives and senate by
December 15, 2016. On topics where the commission fails to reach consensus, a majority
and minority report shall be issued.
new text end

new text begin Subd. 7. new text end

new text begin Staffing. new text end

new text begin The Legislative Coordinating Commission shall provide staffing
and administrative support to the commission.
new text end

new text begin Subd. 8. new text end

new text begin Expiration. new text end

new text begin The commission expires the day after submitting the report
required under subdivision 6.
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. 33. new text beginALTERNATIVE METHODS OF COLLECTING ASSESSMENT FEE;
STUDY.
new text end

new text begin (a) The commissioner of management and budget shall study alternative methods of
collecting the $12 assessment fee under Minnesota Statutes, section 327C.095, subdivision
12, paragraph (c), shifting the collection from the owner of the manufactured home park to
the owner of the manufactured home. The commissioner shall identify and evaluate the
feasibility, cost, and benefits of alternative methods of collection including, but not limited
to, directly invoicing manufactured home owners or imposition of a sales and use tax.
new text end

new text begin (b) In completing the study in paragraph (a), the commissioner shall consult
stakeholders, including the Association of Minnesota Counties, the All Parks Alliance for
Change, and the Minnesota Manufactured Housing Association.
new text end

new text begin (c) An amount necessary to complete the study in paragraph (a) is appropriated in
fiscal year 2017 to the commissioner of management and budget from the Minnesota
manufactured home relocation trust fund under Minnesota Statutes, section 462A.35.
new text end

new text begin (d) The commissioner shall report on the results of the study to the chairs and ranking
minority members of the senate Finance Committee and the house of representatives
Committee on Ways and Means by January 31, 2017.
new text end

Sec. 34. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2014, section 6.581, subdivision 1, new text end new text begin is repealed.
new text end

new text begin (b) new text end new text begin Minnesota Statutes 2014, section 3.886, new text end new text begin is repealed.
new text end