1.1A bill for an act
1.2relating to the operation of state government; appropriating money for the
1.3legislature, governor's office, state auditor, attorney general, secretary of state,
1.4certain agencies, boards, councils, retirement funds, and military affairs and
1.5veterans affairs; creating an ethnic councils account; specifying how legislative
1.6and congressional districts must be drawn; evaluating economic development
1.7incentive programs; transferring responsibility fiscal notes, local impact notes, or
1.8revenue estimates to the legislative auditor; specifying county audits by the state
1.9auditor; modifying campaign finance provisions; defining substantial economic
1.10impact for rulemaking; changing rulemaking provisions; requiring the legislative
1.11auditor to conduct an impact analysis on certain rules; establishing three ethnic
1.12councils; requiring a tracking list of agency projects; allowing prepay for certain
1.13software and information technology hosting services; changing state budget
1.14requirements; limiting a fee or fine increase to ten percent in a biennium;
1.15providing free rehearsal and storage space for the state band; modifying notice
1.16provisions for state construction and remodeling plans; providing reimbursement
1.17for reasonable accommodations; modifying grant agreement provisions; making
1.18changes to provisions governing veteran-owned small businesses; changing
1.19provisions governing the Office of MN.IT Services; limiting the number of
1.20full-time equivalent executive branch agency employees; establishing the healthy
1.21eating, here at home program; establishing expedited and temporary licensing for
1.22former and current military members for certain occupations; adjusting certain
1.23barber board fees for members of the military; modifying provisions governing
1.24the National Guard; modifying the Veterans Preference Act; designating an Honor
1.25and Remember flag; changing provisions governing pari-mutuel horse racing;
1.26changing a fee provision for federal tax liens; changing a contracting provision
1.27for the Office of the Commissioner of Iron Range resources and rehabilitation;
1.28changing certain requirements for corporations; modifying provisions for
1.29accountants; changing a farm product lien; adding an exception to the
1.30rehabilitation of criminal offenders provisions; limiting railroad condemnation
1.31powers over certain properties; providing that school employees and districts are
1.32subject to certain group health insurance requirements; changing provisions
1.33governing the Metropolitan Council; designating the salary for the chair of the
1.34Metropolitan Council; limiting the salary increase for agency heads; establishing
1.35the Legislative Surrogacy Commission; prohibiting state funds, tax expenditures,
1.36or state indebtedness to fund a major league soccer stadium; limiting
1.37compensation for employees in the managerial plan; limiting expenditures
1.38for advertising; specifying debt service on a certain parking ramp financing;
1.39specifying terms for members of the Metropolitan Council; requiring reports;
2.1amending Minnesota Statutes 2014, sections 3.971, by adding a subdivision;
2.23.98; 3.987, subdivision 1; 10.43; 10A.01, subdivision 26; 10A.105, subdivision
2.31; 10A.15, subdivision 1; 10A.245, subdivision 2; 10A.257, subdivision 1;
2.410A.38; 14.02, by adding a subdivision; 14.05, subdivisions 1, 2; 14.116;
2.514.127; 14.131; 14.388, subdivision 2; 14.389, subdivision 2; 14.44; 14.45;
2.616A.065; 16A.103, by adding a subdivision; 16A.11, by adding subdivisions;
2.716A.1283; 16B.24, by adding a subdivision; 16B.335, subdivision 1; 16B.371;
2.816B.97, subdivision 1, by adding a subdivision; 16C.03, subdivision 16; 16C.16,
2.9subdivision 6a; 16C.19; 16E.01; 16E.016; 16E.03, subdivision 1; 16E.0465;
2.1016E.14, subdivision 3; 16E.145; 16E.19, by adding a subdivision; 148.57, by
2.11adding a subdivision; 148.624, subdivision 5; 148B.33, by adding a subdivision;
2.12148B.53, by adding a subdivision; 148B.5301, by adding a subdivision;
2.13148F.025, by adding a subdivision; 153.16, subdivisions 1, 4; 154.003; 154.11,
2.14subdivision 3; 190.19, subdivision 2a; 192.38, subdivision 1; 192.501, by adding
2.15a subdivision; 197.46; 211B.37; 240.01, subdivision 22, by adding subdivisions;
2.16240.011; 240.03; 240.08, subdivisions 2, 4, 5; 240.10; 240.13, subdivisions 5,
2.176; 240.135; 240.15, subdivisions 1, 6; 240.16, subdivision 1; 240.22; 240.23;
2.18272.484; 298.22, subdivision 1; 303.19; 304A.301, subdivisions 1, 5, 6, by
2.19adding a subdivision; 326A.01, subdivisions 2, 12, 13a, 15, 16; 326A.02,
2.20subdivisions 3, 5; 326A.05, subdivisions 1, 3; 326A.10; 336A.09, subdivision
2.211; 364.09; 471.6161, subdivision 8; 473.123, subdivisions 2a, 3, 4; 473J.07,
2.22subdivision 3; Laws 2013, chapter 142, article 1, section 10; Laws 2015, chapter
2.233, section 4; proposing coding for new law in Minnesota Statutes, chapters 2; 3;
2.246; 15; 16A; 16B; 16E; 43A; 138; 197; 383B; repealing Minnesota Statutes 2014,
2.25sections 3.886; 3.9223; 3.9225; 3.9226, subdivisions 1, 2, 3, 4, 5, 6, 7; 6.48;
2.2610A.25, subdivisions 1, 2, 2a, 3, 3a, 5, 10; 10A.255, subdivisions 1, 3; 10A.27,
2.27subdivision 11; 10A.30; 10A.31, subdivisions 1, 3, 3a, 4, 5, 5a, 6, 6a, 7, 7a, 10,
2.2810a, 10b, 11; 10A.315; 10A.321; 10A.322, subdivisions 1, 2; 10A.323; 10A.324,
2.29subdivisions 1, 3; 240.01, subdivisions 12, 23; 349A.07, subdivision 6; 375.23;
2.30Minnesota Rules, parts 4503.1400, subparts 2, 3, 5, 6, 7, 8, 9; 4503.1450.
2.31BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
2.32
ARTICLE 1
2.33
STATE GOVERNMENT APPROPRIATIONS
2.34
Section 1. new text begin STATE GOVERNMENT APPROPRIATIONS.new text end
2.35
new text begin The sums shown in the columns marked "Appropriations" are appropriated to the new text end
2.36
new text begin agencies and for the purposes specified in this article. The appropriations are from the new text end
2.37
new text begin general fund, or another named fund, and are available for the fiscal years indicated new text end
2.38
new text begin for each purpose. The figures "2016" and "2017" used in this article mean that the new text end
2.39
new text begin appropriations listed under them are available for the fiscal year ending June 30, 2016, or new text end
2.40
new text begin June 30, 2017, respectively. "The first year" is fiscal year 2016. "The second year" is fiscal new text end
2.41
new text begin year 2017. "The biennium" is fiscal years 2016 and 2017. new text end
2.42
new text begin APPROPRIATIONSnew text end
2.43
new text begin Available for the Yearnew text end
2.44
new text begin Ending June 30new text end
2.45
new text begin 2016new text end
new text begin 2017new text end
2.46
Sec. 2. new text begin LEGISLATUREnew text end
3.1
3.2
new text begin Subdivision 1.new text end new text begin Total new text end
new text begin Appropriationnew text end
new text begin $new text end
new text begin 69,160,000new text end
new text begin 67,595,000new text end
3.3
new text begin Appropriations by Fundnew text end
3.4
new text begin 2016new text end
new text begin 2017new text end
3.5
new text begin Generalnew text end
new text begin 67,032,000new text end
new text begin 67,467,000new text end
3.6
new text begin Health Care Accessnew text end
new text begin 128,000new text end
new text begin 128,000new text end
3.7
new text begin Special Revenuenew text end
new text begin 2,000,000new text end
new text begin 0new text end
3.8
new text begin The amounts that may be spent for each new text end
3.9
new text begin purpose are specified in the following new text end
3.10
new text begin subdivisions.new text end
3.11
new text begin Subd. 2.new text end new text begin Senatenew text end
new text begin 21,501,000new text end
new text begin 21,501,000new text end
3.12
new text begin $1,723,000 of the senate carryforward new text end
3.13
new text begin balance shall cancel to the general fund on new text end
3.14
new text begin July 1, 2015.new text end
3.15
new text begin Subd. 3.new text end new text begin House of Representativesnew text end
new text begin 28,998,000new text end
new text begin 28,998,000new text end
3.16
new text begin During the biennium ending June 30, 2017, new text end
3.17
new text begin any reductions from the prior biennium's new text end
3.18
new text begin base level appropriation for the house of new text end
3.19
new text begin representatives must be implemented by new text end
3.20
new text begin making equal reductions in expenditures new text end
3.21
new text begin for house staff and expenditures for house new text end
3.22
new text begin members.new text end
3.23
new text begin During the biennium ending June 30, 2017, new text end
3.24
new text begin any revenues received by the house of new text end
3.25
new text begin representatives from voluntary donations new text end
3.26
new text begin to support broadcast or print media are new text end
3.27
new text begin appropriated to the house of representatives.new text end
3.28
new text begin $3,938,000 of the house carryforward new text end
3.29
new text begin balance shall cancel to the general fund on new text end
3.30
new text begin July 1, 2015.new text end
3.31
new text begin Subd. 4.new text end new text begin Legislative Coordinating Commissionnew text end
new text begin 18,661,000new text end
new text begin 17,096,000new text end
3.32
new text begin Appropriations by Fundnew text end
3.33
new text begin Generalnew text end
new text begin 16,533,000new text end
new text begin 16,968,000new text end
3.34
new text begin Health Care Access new text end
new text begin 128,000new text end
new text begin 128,000new text end
3.35
new text begin Special Revenuenew text end
new text begin 2,000,000new text end
new text begin 0new text end
4.1
new text begin $1,567,000 of the Legislative Coordinating new text end
4.2
new text begin Commission carryforward balance and the new text end
4.3
new text begin Revisor of Statutes carryforward balance new text end
4.4
new text begin shall cancel to the general fund on July 1, new text end
4.5
new text begin 2015.new text end
4.6
new text begin $7,132,000 each year from the general fund new text end
4.7
new text begin is to the Office of the Legislative Auditor. new text end
4.8
new text begin The auditor is requested to do an evaluation new text end
4.9
new text begin of Minnesota veterans homes.new text end
4.10
new text begin $435,000 in fiscal year 2017 is for the new text end
4.11
new text begin revisor's administrative rules system.new text end
4.12
new text begin $595,000 each year is for the Office of the new text end
4.13
new text begin Revisor of Statutes to maintain and improve new text end
4.14
new text begin information technology services.new text end
4.15
new text begin $10,000 each year is for purposes of the new text end
4.16
new text begin legislators' forum, through which Minnesota new text end
4.17
new text begin legislators meet with counterparts from new text end
4.18
new text begin South Dakota, North Dakota, and Manitoba new text end
4.19
new text begin to discuss issues of mutual concern.new text end
4.20
new text begin $2,000,000 is transferred from the state new text end
4.21
new text begin employee group insurance trust fund to a new text end
4.22
new text begin rulemaking account in the special revenue new text end
4.23
new text begin fund.new text end
4.24
new text begin $2,000,000 for the biennium ending June 30, new text end
4.25
new text begin 2017, is appropriated from the rulemaking new text end
4.26
new text begin account in the special revenue fund to the new text end
4.27
new text begin legislative auditor to:new text end
4.28
new text begin (1) reimburse executive agencies for costs new text end
4.29
new text begin associated with determining if proposed new text end
4.30
new text begin rules have substantial economic impact and new text end
4.31
new text begin for costs of peer review advisory panels new text end
4.32
new text begin for proposed rules that have substantial new text end
4.33
new text begin economic impact; andnew text end
5.1
new text begin (2) reimburse the legislative auditor for costs new text end
5.2
new text begin associated with this process.new text end
5.3
5.4
Sec. 3. new text begin GOVERNOR AND LIEUTENANT new text end
new text begin GOVERNORnew text end
new text begin $new text end
new text begin 3,134,000new text end
new text begin $new text end
new text begin 3,134,000new text end
5.5
new text begin (a) This appropriation is to fund the Office of new text end
5.6
new text begin the Governor and Lieutenant Governor.new text end
5.7
new text begin (b) $19,000 the first year and $19,000 the new text end
5.8
new text begin second year are for necessary expenses in the new text end
5.9
new text begin normal performance of the Governor's and new text end
5.10
new text begin Lieutenant Governor's duties for which no new text end
5.11
new text begin other reimbursement is provided.new text end
5.12
new text begin (c) During the biennium ending June 30, new text end
5.13
new text begin 2017, the Office of the Governor may not new text end
5.14
new text begin receive payments of more than $805,000 new text end
5.15
new text begin each fiscal year from other executive new text end
5.16
new text begin agencies to support personnel costs incurred new text end
5.17
new text begin by the office. By September 1 of each year, new text end
5.18
new text begin the commissioner of management and budget new text end
5.19
new text begin shall report to the chairs and ranking minority new text end
5.20
new text begin members of the senate State Departments new text end
5.21
new text begin and Veterans Affairs Budget Division and the new text end
5.22
new text begin house of representatives State Government new text end
5.23
new text begin Finance Committee any personnel costs new text end
5.24
new text begin incurred by the Offices of the Governor and new text end
5.25
new text begin Lieutenant Governor that were supported new text end
5.26
new text begin by appropriations to other agencies during new text end
5.27
new text begin the previous fiscal year. The Office of the new text end
5.28
new text begin Governor shall inform the chairs and ranking new text end
5.29
new text begin minority members of the committees before new text end
5.30
new text begin initiating any interagency agreements.new text end
5.31
Sec. 4. new text begin STATE AUDITORnew text end
new text begin $new text end
new text begin 1,982,000new text end
new text begin $new text end
new text begin 1,982,000new text end
5.32
Sec. 5. new text begin ATTORNEY GENERALnew text end
new text begin $new text end
new text begin 22,897,000new text end
new text begin $new text end
new text begin 22,897,000new text end
6.1
new text begin Appropriations by Fundnew text end
6.2
new text begin 2016new text end
new text begin 2017new text end
6.3
new text begin Generalnew text end
new text begin 20,679,000new text end
new text begin 20,679,000new text end
6.4
6.5
new text begin State Government new text end
new text begin Special Revenuenew text end
new text begin 1,823,000new text end
new text begin 1,823,000new text end
6.6
new text begin Environmentalnew text end
new text begin 145,000new text end
new text begin 145,000new text end
6.7
new text begin Remediationnew text end
new text begin 250,000new text end
new text begin 250,000new text end
6.8
new text begin Of this appropriation, $65,000 in the first new text end
6.9
new text begin year and $65,000 in the second year are new text end
6.10
new text begin from the general fund for transfer to the new text end
6.11
new text begin commissioner of public safety for a grant to new text end
6.12
new text begin the Minnesota County Attorneys Association new text end
6.13
new text begin for prosecutor and law enforcement training.new text end
6.14
Sec. 6. new text begin SECRETARY OF STATEnew text end
new text begin $new text end
new text begin 6,198,000new text end
new text begin $new text end
new text begin 6,198,000new text end
6.15
new text begin $420,000 the first year and $440,000 the new text end
6.16
new text begin second year are for the Safe at Home new text end
6.17
new text begin program.new text end
6.18
new text begin Any funds available in the account new text end
6.19
new text begin established in Minnesota Statutes, section new text end
6.20
new text begin 5.30, pursuant to the Help America Vote Act, new text end
6.21
new text begin are appropriated for the purposes and uses new text end
6.22
new text begin authorized by federal law.new text end
6.23
6.24
Sec. 7. new text begin CAMPAIGN FINANCE AND PUBLIC new text end
new text begin DISCLOSURE BOARDnew text end
new text begin $new text end
new text begin 893,000new text end
new text begin $new text end
new text begin 893,000new text end
6.25
new text begin (a) All unspent funds, estimated to be new text end
6.26
new text begin $150,000, from the Web site redevelopment new text end
6.27
new text begin project appropriation under Laws 2013, new text end
6.28
new text begin chapter 142, article 1, section 7, are canceled new text end
6.29
new text begin to the general fund on June 30, 2015.new text end
6.30
new text begin (b) $150,000 in fiscal year 2016 is new text end
6.31
new text begin appropriated to the Campaign Finance new text end
6.32
new text begin and Public Disclosure Board to complete new text end
6.33
new text begin redevelopment of its Web site. This new text end
6.34
new text begin appropriation is available until June 30, 2017.new text end
7.1
new text begin (c) By January 15, 2016, the director of the new text end
7.2
new text begin Campaign Finance and Public Disclosure new text end
7.3
new text begin Board shall report to the chairs and ranking new text end
7.4
new text begin minority members of the senate State new text end
7.5
new text begin Departments and Veterans Affairs Budget new text end
7.6
new text begin Division and the house of representatives new text end
7.7
new text begin State Government Finance Committee on the new text end
7.8
new text begin status of the Web site redevelopment project. new text end
7.9
new text begin The report shall include a budget detailing new text end
7.10
new text begin total dollars to be spent, completion date of new text end
7.11
new text begin the project, and dollars expended to date.new text end
7.12
Sec. 8. new text begin INVESTMENT BOARDnew text end
new text begin $new text end
new text begin 139,000new text end
new text begin $new text end
new text begin 139,000new text end
7.13
Sec. 9. new text begin ADMINISTRATIVE HEARINGSnew text end
new text begin $new text end
new text begin 7,627,000new text end
new text begin $new text end
new text begin 7,627,000new text end
7.14
new text begin Appropriations by Fundnew text end
7.15
new text begin 2016new text end
new text begin 2017new text end
7.16
new text begin Generalnew text end
new text begin 377,000new text end
new text begin 377,000new text end
7.17
7.18
new text begin Workers' new text end
new text begin Compensationnew text end
new text begin 7,250,000new text end
new text begin 7,250,000new text end
7.19
new text begin Campaign Violations Hearings.new text end new text begin $115,000 new text end
7.20
new text begin each year is appropriated from the general new text end
7.21
new text begin fund for the cost of considering complaints new text end
7.22
new text begin filed under Minnesota Statutes, section new text end
7.23
new text begin 211B.32. These amounts may be spent in new text end
7.24
new text begin either year of the biennium.new text end
7.25
new text begin $6,000 in fiscal year 2016 and $6,000 in new text end
7.26
new text begin fiscal year 2017 are appropriated from the new text end
7.27
new text begin general fund to the Office of Administrative new text end
7.28
new text begin Hearings for the cost of considering data new text end
7.29
new text begin practices complaints filed under Minnesota new text end
7.30
new text begin Statutes, section 13.085. These amounts new text end
7.31
new text begin may be used in either year of the biennium. new text end
7.32
new text begin $6,000 is added to the agency's base to be new text end
7.33
new text begin available for the biennium.new text end
7.34
Sec. 10. new text begin MN.IT SERVICESnew text end
new text begin $new text end
new text begin 2,431,000new text end
new text begin $new text end
new text begin 2,431,000new text end
8.1
new text begin During the biennium ending June 30, 2017, new text end
8.2
new text begin MN.IT Services must not charge fees to a new text end
8.3
new text begin public noncommercial educational television new text end
8.4
new text begin broadcast station eligible for funding under new text end
8.5
new text begin Minnesota Statutes, chapter 129D, for new text end
8.6
new text begin access to the state broadcast infrastructure. new text end
8.7
new text begin If the access fees not charged to public new text end
8.8
new text begin noncommercial educational television new text end
8.9
new text begin broadcast stations total more than $400,000 new text end
8.10
new text begin for the biennium, the office may charge for new text end
8.11
new text begin access fees in excess of these amounts.new text end
8.12
new text begin The commissioner of management and new text end
8.13
new text begin budget is authorized to provide cash flow new text end
8.14
new text begin assistance of up to $110,000,000 from the new text end
8.15
new text begin special revenue fund or other statutory new text end
8.16
new text begin general funds, as defined in Minnesota new text end
8.17
new text begin Statutes, section 16A.671, subdivision new text end
8.18
new text begin 3, paragraph (a), to the Office of MN.IT new text end
8.19
new text begin Services for the purpose of managing new text end
8.20
new text begin revenue and expenditure differences during new text end
8.21
new text begin the initial phases of IT consolidation. These new text end
8.22
new text begin funds shall be repaid with interest by the end new text end
8.23
new text begin of the fiscal year 2017 closing period.new text end
8.24
Sec. 11. new text begin ADMINISTRATIONnew text end
8.25
new text begin Subdivision 1.new text end new text begin Total Appropriationnew text end
new text begin $new text end
new text begin 19,781,000new text end
new text begin $new text end
new text begin 19,191,000new text end
8.26
new text begin The amounts that may be spent for each new text end
8.27
new text begin purpose are specified in the following new text end
8.28
new text begin subdivisions.new text end
8.29
new text begin Subd. 2.new text end new text begin Government and Citizen Servicesnew text end
new text begin 7,265,000new text end
new text begin 7,095,000new text end
8.30
new text begin $210,000 the first year and $40,000 the new text end
8.31
new text begin second year are for increased information new text end
8.32
new text begin technology associated with supporting small new text end
8.33
new text begin business purchasing programs.new text end
9.1
new text begin $74,000 the first year and $74,000 the second new text end
9.2
new text begin year are for the Council on Developmental new text end
9.3
new text begin Disabilities.new text end
9.4
new text begin Subd. 3.new text end new text begin Strategic Management Servicesnew text end
new text begin 1,789,000new text end
new text begin 1,789,000new text end
9.5
new text begin Subd. 4.new text end new text begin Fiscal Agentnew text end
new text begin 10,727,000new text end
new text begin 10,307,000new text end
9.6
new text begin The appropriations under this section are to new text end
9.7
new text begin the commissioner of administration for the new text end
9.8
new text begin purposes specified.new text end
9.9
new text begin In-Lieu of Rent.new text end new text begin $7,488,000 the first year new text end
9.10
new text begin and $7,488,000 the second year are for new text end
9.11
new text begin space costs of the legislature and veterans new text end
9.12
new text begin organizations, ceremonial space, and new text end
9.13
new text begin statutorily free space.new text end
9.14
new text begin Relocation Expenses.new text end new text begin $1,284,000 the first new text end
9.15
new text begin year and $864,000 the second year are for new text end
9.16
new text begin rent loss and relocation expenses related to new text end
9.17
new text begin the Capitol renovation project. Relocation new text end
9.18
new text begin expenses include only moving of art, fixtures, new text end
9.19
new text begin renovation supplies, and similar materials, new text end
9.20
new text begin and may not be used for moving Senators, new text end
9.21
new text begin Senate staff, and related offices and supplies. new text end
9.22
new text begin This is a onetime appropriation.new text end
9.23
new text begin Public Broadcasting.new text end new text begin (a) $1,161,000 the new text end
9.24
new text begin first year and $1,161,000 the second year are new text end
9.25
new text begin for matching grants for public television.new text end
9.26
new text begin (b) $200,000 the first year and $200,000 new text end
9.27
new text begin the second year are for public television new text end
9.28
new text begin equipment grants.new text end
9.29
new text begin (c) The equipment or matching grants in new text end
9.30
new text begin paragraphs (a) and (b) must be allocated new text end
9.31
new text begin after considering the recommendations of the new text end
9.32
new text begin Minnesota Public Television Association.new text end
9.33
new text begin (d) $287,000 the first year and $287,000 the new text end
9.34
new text begin second year are for community service grants new text end
10.1
new text begin to public educational radio stations. This new text end
10.2
new text begin appropriation may be used to disseminate new text end
10.3
new text begin emergency information in foreign languages.new text end
10.4
new text begin (e) $100,000 the first year and $100,000 new text end
10.5
new text begin the second year are for equipment grants new text end
10.6
new text begin to public educational radio stations. This new text end
10.7
new text begin appropriation may be used for the repair, new text end
10.8
new text begin rental, and purchase of equipment including new text end
10.9
new text begin equipment under $500.new text end
10.10
new text begin (f) The grants in paragraphs (d) and (e) new text end
10.11
new text begin must be allocated after considering the new text end
10.12
new text begin recommendations of the Association of new text end
10.13
new text begin Minnesota Public Education Radio Stations new text end
10.14
new text begin under Minnesota Statutes, section 129D.14. new text end
10.15
new text begin As a condition of receiving grants under new text end
10.16
new text begin paragraphs (d) and (e), the Association of new text end
10.17
new text begin Minnesota Public Education Radio Stations new text end
10.18
new text begin must agree that it will not take any steps new text end
10.19
new text begin leading to the operation of new stations new text end
10.20
new text begin unless specifically authorized by a future law.new text end
10.21
new text begin (g) $207,000 the first year and $207,000 new text end
10.22
new text begin the second year are for equipment grants new text end
10.23
new text begin to Minnesota Public Radio, Inc., including new text end
10.24
new text begin upgrades to Minnesota's Emergency Alert new text end
10.25
new text begin and AMBER Alert Systems.new text end
10.26
new text begin (h) Any unencumbered balance remaining new text end
10.27
new text begin the first year for grants to public television or new text end
10.28
new text begin radio stations does not cancel and is available new text end
10.29
new text begin for the second year.new text end
10.30
10.31
10.32
Sec. 12. new text begin CAPITOL AREA new text end
new text begin ARCHITECTURAL AND PLANNING new text end
new text begin BOARDnew text end
new text begin $new text end
new text begin 325,000new text end
new text begin $new text end
new text begin 325,000new text end
10.33
10.34
Sec. 13. new text begin MINNESOTA MANAGEMENT AND new text end
new text begin BUDGETnew text end
new text begin $new text end
new text begin 18,757,000new text end
new text begin $new text end
new text begin 18,757,000new text end
11.1
new text begin $156,000 the first year and $156,000 the new text end
11.2
new text begin second year are to develop and implement new text end
11.3
new text begin a return on taxpayer investment (ROTI) new text end
11.4
new text begin methodology using the Pew-MacArthur new text end
11.5
new text begin Results First framework to evaluate new text end
11.6
new text begin corrections and human services programs new text end
11.7
new text begin administered and funded by state and new text end
11.8
new text begin county governments. The commissioner new text end
11.9
new text begin shall engage and work with staff from new text end
11.10
new text begin Pew-MacArthur Results First, and shall new text end
11.11
new text begin consult with representatives of other state new text end
11.12
new text begin agencies, counties, legislative staff, the new text end
11.13
new text begin commissioners of corrections and human new text end
11.14
new text begin services, and other commissioners of state new text end
11.15
new text begin agencies and stakeholders to implement the new text end
11.16
new text begin established methodology. The commissioner new text end
11.17
new text begin of management and budget shall report new text end
11.18
new text begin on implementation progress and make new text end
11.19
new text begin recommendations to the governor and new text end
11.20
new text begin legislature by January 31, 2017.new text end
11.21
new text begin The commissioner must report to the chairs new text end
11.22
new text begin and ranking minority members of the new text end
11.23
new text begin House of Representatives State Government new text end
11.24
new text begin Finance Committee and the Senate State new text end
11.25
new text begin Departments and Veterans Budget Division new text end
11.26
new text begin by July 15, 2015, on the gainsharing program new text end
11.27
new text begin in Minnesota Statutes, Section 16A.90. The new text end
11.28
new text begin report must include information on how the new text end
11.29
new text begin commissioner has promoted the program new text end
11.30
new text begin to state employees, results achieved under new text end
11.31
new text begin the program, and recommendations for any new text end
11.32
new text begin legislative changes needed to make the new text end
11.33
new text begin program more effective.new text end
11.34
Sec. 14. new text begin REVENUEnew text end
11.35
new text begin Subdivision 1.new text end new text begin Total Appropriationnew text end
new text begin $new text end
new text begin 140,717,000new text end
new text begin $new text end
new text begin 139,537,000new text end
12.1
new text begin Appropriations by Fundnew text end
12.2
new text begin 2016new text end
new text begin 2017new text end
12.3
new text begin Generalnew text end
new text begin 136,482,000new text end
new text begin 135,302,000new text end
12.4
new text begin Health Care Accessnew text end
new text begin 1,749,000new text end
new text begin 1,749,000new text end
12.5
12.6
new text begin Highway User Tax new text end
new text begin Distributionnew text end
new text begin 2,183,000new text end
new text begin 2,183,000new text end
12.7
new text begin Environmentalnew text end
new text begin 303,000new text end
new text begin 303,000new text end
12.8
new text begin Subd. 2.new text end new text begin Tax System Managementnew text end
new text begin 112,101,000new text end
new text begin 110,921,000new text end
12.9
new text begin Appropriations by Fundnew text end
12.10
new text begin Generalnew text end
new text begin 107,866,000new text end
new text begin 106,686,000new text end
12.11
new text begin Health Care Accessnew text end
new text begin 1,749,000new text end
new text begin 1,749,000new text end
12.12
12.13
new text begin Highway User Tax new text end
new text begin Distributionnew text end
new text begin 2,183,000new text end
new text begin 2,183,000new text end
12.14
new text begin Environmentalnew text end
new text begin 303,000new text end
new text begin 303,000new text end
12.15
new text begin Base reductions must be made from expenses new text end
12.16
new text begin related to the capital equipment sales tax new text end
12.17
new text begin repealed in 2014, and cannot be applied to new text end
12.18
new text begin compliance activities.new text end
12.19
new text begin Appropriation; Taxpayer Assistance. new text end
12.20
new text begin (a) $400,000 each year from the general new text end
12.21
new text begin fund is for grants to one or more nonprofit new text end
12.22
new text begin organizations, qualifying under section new text end
12.23
new text begin 501(c)(3) of the Internal Revenue Code of new text end
12.24
new text begin 1986, to coordinate, facilitate, encourage, and new text end
12.25
new text begin aid in the provision of taxpayer assistance new text end
12.26
new text begin services. The unencumbered balance in the new text end
12.27
new text begin first year does not cancel but is available for new text end
12.28
new text begin the second year.new text end
12.29
new text begin (b) For purposes of this section, "taxpayer new text end
12.30
new text begin assistance services" means accounting new text end
12.31
new text begin and tax preparation services provided by new text end
12.32
new text begin volunteers to low-income, elderly, and new text end
12.33
new text begin disadvantaged Minnesota residents to help new text end
12.34
new text begin them file federal and state income tax returns new text end
12.35
new text begin and Minnesota property tax refund claims new text end
12.36
new text begin and to provide personal representation before new text end
13.1
new text begin the Department of Revenue and Internal new text end
13.2
new text begin Revenue Service.new text end
13.3
new text begin Subd. 3.new text end new text begin Debt Collection Managementnew text end
new text begin 28,616,000new text end
new text begin 28,616,000new text end
13.4
Sec. 15. new text begin GAMBLING CONTROLnew text end
new text begin $new text end
new text begin 3,959,000new text end
new text begin $new text end
new text begin 3,959,000new text end
13.5
new text begin These appropriations are from the lawful new text end
13.6
new text begin gambling regulation account in the special new text end
13.7
new text begin revenue fund.new text end
13.8
Sec. 16. new text begin RACING COMMISSIONnew text end
new text begin $new text end
new text begin 899,000new text end
new text begin $new text end
new text begin 1,081,000new text end
13.9
new text begin These appropriations are from the racing new text end
13.10
new text begin and card playing regulation accounts in the new text end
13.11
new text begin special revenue fund.new text end
13.12
Sec. 17. new text begin STATE LOTTERYnew text end
13.13
new text begin Notwithstanding Minnesota Statutes, section new text end
13.14
new text begin , subdivision 3, the operating budget new text end
13.15
new text begin must not exceed $31,000,000 in fiscal year new text end
13.16
new text begin 2016 and $31,000,000 in fiscal year 2017.new text end
13.17
Sec. 18. new text begin AMATEUR SPORTS COMMISSIONnew text end
new text begin $new text end
new text begin 253,000new text end
new text begin $new text end
new text begin 253,000new text end
13.18
13.19
Sec. 19. new text begin COUNCIL ON BLACK new text end
new text begin MINNESOTANSnew text end
new text begin $new text end
new text begin 392,000new text end
new text begin $new text end
new text begin 392,000new text end
13.20
new text begin These appropriations are from the ethnic new text end
13.21
new text begin councils account in the special revenue fund.new text end
13.22
new text begin The general fund base in fiscal years 2018 and new text end
13.23
new text begin 2019 for this council is $392,000 each year.new text end
13.24
13.25
Sec. 20. new text begin COUNCIL ON ASIAN-PACIFIC new text end
new text begin MINNESOTANSnew text end
new text begin $new text end
new text begin 354,000new text end
new text begin $new text end
new text begin 354,000new text end
13.26
new text begin These appropriations are from the ethnic new text end
13.27
new text begin councils account in the special revenue fund.new text end
13.28
new text begin The general fund base in fiscal years 2018 and new text end
13.29
new text begin 2019 for this council is $354,000 each year.new text end
14.1
14.2
Sec. 21. new text begin COUNCIL ON AFFAIRS OF new text end
new text begin CHICANO/LATINO PEOPLEnew text end
new text begin $new text end
new text begin 375,000new text end
new text begin $new text end
new text begin 375,000new text end
14.3
new text begin These appropriations are from the ethnic new text end
14.4
new text begin councils account in the special revenue fund.new text end
14.5
new text begin The general fund base in fiscal years 2018 and new text end
14.6
new text begin 2019 for this council is $375,000 each year.new text end
14.7
Sec. 22. new text begin INDIAN AFFAIRS COUNCILnew text end
new text begin $new text end
new text begin 562,000new text end
new text begin $new text end
new text begin 562,000new text end
14.8
new text begin These appropriations are from the ethnic new text end
14.9
new text begin councils account in the special revenue fund.new text end
14.10
new text begin The general fund base in fiscal years 2018 and new text end
14.11
new text begin 2019 for this council is $562,000 each year.new text end
14.12
14.13
Sec. 23. new text begin MINNESOTA HISTORICAL new text end
new text begin SOCIETYnew text end
14.14
new text begin Subdivision 1.new text end new text begin Total Appropriationnew text end
new text begin $new text end
new text begin 22,673,000new text end
new text begin $new text end
new text begin 22,464,000new text end
14.15
new text begin The amounts that may be spent for each new text end
14.16
new text begin purpose are specified in the following new text end
14.17
new text begin subdivisions.new text end
14.18
new text begin Subd. 2.new text end new text begin Operations and Programsnew text end
new text begin 22,160,000new text end
new text begin 22,160,000new text end
14.19
new text begin Notwithstanding Minnesota Statutes, section new text end
14.20
new text begin 138.668, the Minnesota Historical Society new text end
14.21
new text begin may not charge a fee for its general tours at new text end
14.22
new text begin the Capitol, but may charge fees for special new text end
14.23
new text begin programs other than general tours.new text end
14.24
new text begin $750,000 the first year and $750,000 the new text end
14.25
new text begin second year are for digital preservation new text end
14.26
new text begin and access, including planning and new text end
14.27
new text begin implementation of a program to preserve new text end
14.28
new text begin and make available resources related to new text end
14.29
new text begin Minnesota history.new text end
14.30
new text begin $75,000 the first year and $75,000 the second new text end
14.31
new text begin year are for activities to enhance educational new text end
14.32
new text begin achievement through history education.new text end
15.1
new text begin Subd. 3.new text end new text begin Fiscal Agentnew text end
15.2
new text begin (a) Minnesota International Centernew text end
new text begin 39,000new text end
new text begin 39,000new text end
15.3
new text begin (b) Minnesota Air National Guard Museumnew text end
new text begin 34,000new text end
new text begin -0-new text end
15.4
new text begin (c) Minnesota Military Museumnew text end
new text begin 150,000new text end
new text begin 50,000new text end
15.5
new text begin (d) Farmamericanew text end
new text begin 190,000new text end
new text begin 115,000new text end
15.6
new text begin (e) Hockey Hall of Famenew text end
new text begin 100,000new text end
new text begin 100,000new text end
15.7
new text begin Balances Forward.new text end new text begin Any unencumbered new text end
15.8
new text begin balance remaining in this subdivision the first new text end
15.9
new text begin year does not cancel but is available for the new text end
15.10
new text begin second year of the biennium.new text end
15.11
new text begin Subd. 4.new text end new text begin Appropriation Limitnew text end
15.12
new text begin Notwithstanding Minnesota Statutes, section new text end
15.13
new text begin 290.0681, subdivision 7, paragraph (b), new text end
15.14
new text begin the fiscal year 2016 appropriation for new text end
15.15
new text begin grants in lieu of credit for historic structure new text end
15.16
new text begin rehabilitation is $457,000.new text end
15.17
Sec. 24. new text begin BOARD OF THE ARTSnew text end
15.18
new text begin Subdivision 1.new text end new text begin Total Appropriationnew text end
new text begin $new text end
new text begin 7,514,000new text end
new text begin $new text end
new text begin 7,514,000new text end
15.19
new text begin The amounts that may be spent for each new text end
15.20
new text begin purpose are specified in the following new text end
15.21
new text begin subdivisions.new text end
15.22
new text begin Subd. 2.new text end new text begin Operations and Servicesnew text end
new text begin 575,000new text end
new text begin 575,000new text end
15.23
new text begin Subd. 3.new text end new text begin Grants Programnew text end
new text begin 4,800,000new text end
new text begin 4,800,000new text end
15.24
new text begin Subd. 4.new text end new text begin Regional Arts Councilsnew text end
new text begin 2,139,000new text end
new text begin 2,139,000new text end
15.25
new text begin Unencumbered Balance Available.new text end new text begin Any new text end
15.26
new text begin unencumbered balance remaining in this new text end
15.27
new text begin section the first year does not cancel, but is new text end
15.28
new text begin available for the second year of the biennium.new text end
15.29
new text begin Projects located in Minnesota; travel new text end
15.30
new text begin restriction.new text end new text begin Money appropriated in this new text end
15.31
new text begin section and distributed as grants may only new text end
16.1
new text begin be spent on projects located in Minnesota. new text end
16.2
new text begin A recipient of a grant funded by an new text end
16.3
new text begin appropriation in this section must not use new text end
16.4
new text begin more than ten percent of the total grant for new text end
16.5
new text begin costs related to travel outside the state of new text end
16.6
new text begin Minnesota.new text end
16.7
16.8
Sec. 25. new text begin MINNESOTA HUMANITIES new text end
new text begin CENTERnew text end
new text begin $new text end
new text begin 1,100,000new text end
new text begin $new text end
new text begin 850,000new text end
16.9
new text begin $250,000 the first year is for a grant to new text end
16.10
new text begin Everybody Wins!-Minnesota, a Minnesota new text end
16.11
new text begin 501(c)(3) corporation, to operate a reading new text end
16.12
new text begin program for Minnesota children. Any new text end
16.13
new text begin balance in the first year does not cancel but is new text end
16.14
new text begin available in the second year.new text end
16.15
new text begin $250,000 the first year and $250,000 the new text end
16.16
new text begin second year are for a grant to the Minnesota new text end
16.17
new text begin Council on Economic Education to provide new text end
16.18
new text begin staff development to teachers for the new text end
16.19
new text begin implementation of the state graduation new text end
16.20
new text begin standards in learning areas relating to new text end
16.21
new text begin economic education. This is a onetime new text end
16.22
new text begin appropriation. The commissioner, in new text end
16.23
new text begin consultation with the council, shall develop new text end
16.24
new text begin expected results of staff development, new text end
16.25
new text begin eligibility criteria for participants, an new text end
16.26
new text begin evaluation procedure, and guidelines for new text end
16.27
new text begin direct and in-kind contributions by the new text end
16.28
new text begin council. This appropriation does not cancel, new text end
16.29
new text begin but is available until expended.new text end
16.30
new text begin $250,000 in fiscal year 2016 and $250,000 in new text end
16.31
new text begin fiscal year 2017 are for the healthy eating, new text end
16.32
new text begin here at home program under Minnesota new text end
16.33
new text begin Statutes, section 138.912. No more than new text end
16.34
new text begin three percent of the appropriation may be new text end
16.35
new text begin used for the nonprofit administration of the new text end
17.1
new text begin grant program under Minnesota Statutes, new text end
17.2
new text begin section 138.912.new text end
17.3
Sec. 26. new text begin BOARD OF ACCOUNTANCYnew text end
new text begin $new text end
new text begin 628,000new text end
new text begin $new text end
new text begin 618,000new text end
17.4
17.5
17.6
17.7
Sec. 27. new text begin BOARD OF ARCHITECTURE new text end
new text begin ENGINEERING, LAND SURVEYING, new text end
new text begin LANDSCAPE ARCHITECTURE, new text end
new text begin GEOSCIENCE, AND INTERIOR DESIGNnew text end
new text begin $new text end
new text begin 774,000new text end
new text begin $new text end
new text begin 774,000new text end
17.8
17.9
Sec. 28. new text begin BOARD OF COSMETOLOGIST new text end
new text begin EXAMINERSnew text end
new text begin $new text end
new text begin 1,346,000new text end
new text begin $new text end
new text begin 1,346,000new text end
17.10
Sec. 29. new text begin BOARD OF BARBER EXAMINERSnew text end
new text begin $new text end
new text begin 317,000new text end
new text begin $new text end
new text begin 317,000new text end
17.11
Sec. 30. new text begin HUMAN RIGHTS.new text end
new text begin $new text end
new text begin 3,505,000new text end
new text begin $new text end
new text begin 3,505,000new text end
17.12
new text begin $80,000 each year is for operation of an new text end
17.13
new text begin office in St. Cloud.new text end
17.14
17.15
Sec. 31. new text begin GENERAL CONTINGENT new text end
new text begin ACCOUNTSnew text end
new text begin $new text end
new text begin 750,000new text end
new text begin $new text end
new text begin 500,000new text end
17.16
new text begin Appropriations by Fundnew text end
17.17
new text begin 2016new text end
new text begin 2017new text end
17.18
new text begin Generalnew text end
new text begin 250,000new text end
new text begin -0-new text end
17.19
17.20
new text begin State Government new text end
new text begin Special Revenuenew text end
new text begin 400,000new text end
new text begin 400,000new text end
17.21
17.22
new text begin Workers' new text end
new text begin Compensationnew text end
new text begin 100,000new text end
new text begin 100,000new text end
17.23
new text begin (a) The appropriations in this section new text end
17.24
new text begin may only be spent with the approval of new text end
17.25
new text begin the governor after consultation with the new text end
17.26
new text begin Legislative Advisory Commission pursuant new text end
17.27
new text begin to Minnesota Statutes, section 3.30.new text end
17.28
new text begin (b) If an appropriation in this section for new text end
17.29
new text begin either year is insufficient, the appropriation new text end
17.30
new text begin for the other year is available for it.new text end
17.31
new text begin (c) If a contingent account appropriation new text end
17.32
new text begin is made in one fiscal year, it should be new text end
17.33
new text begin considered a biennial appropriation.new text end
18.1
Sec. 32. new text begin TORT CLAIMSnew text end
new text begin $new text end
new text begin 161,000new text end
new text begin $new text end
new text begin 161,000new text end
18.2
new text begin These appropriations are to be spent by the new text end
18.3
new text begin commissioner of management and budget new text end
18.4
new text begin according to Minnesota Statutes, section new text end
18.5
new text begin 3.736, subdivision 7. If the appropriation for new text end
18.6
new text begin either year is insufficient, the appropriation new text end
18.7
new text begin for the other year is available for it.new text end
18.8
18.9
Sec. 33. new text begin MINNESOTA STATE RETIREMENT new text end
new text begin SYSTEMnew text end
new text begin $new text end
new text begin 6,552,000new text end
new text begin $new text end
new text begin 8,936,000new text end
18.10
new text begin These amounts are estimated to be needed new text end
18.11
new text begin under Minnesota Statutes, sections 3A.03, new text end
18.12
new text begin subdivision 2; 3A.04, subdivisions 3 and 4; new text end
18.13
new text begin and 3A.115 for the Combined Legislators new text end
18.14
new text begin and Constitutional Officers Retirement Plan.new text end
18.15
18.16
Sec. 34. new text begin PUBLIC EMPLOYEES new text end
new text begin RETIREMENT ASSOCIATIONnew text end
new text begin $new text end
new text begin 6,000,000new text end
new text begin $new text end
new text begin 6,000,000new text end
18.17
new text begin Notwithstanding Minnesota Statutes, section new text end
18.18
new text begin 353.505, the state payments to the Public new text end
18.19
new text begin Employees Retirement Association on behalf new text end
18.20
new text begin of the former MERF division account are new text end
18.21
new text begin $6,000,000 on September 15, 2015 and new text end
18.22
new text begin $6,000,000 on September 15, 2016.new text end
18.23
18.24
Sec. 35. new text begin TEACHERS RETIREMENT new text end
new text begin ASSOCIATIONnew text end
new text begin $new text end
new text begin 29,831,000new text end
new text begin $new text end
new text begin 29,831,000new text end
18.25
new text begin The amounts estimated to be needed are as new text end
18.26
new text begin follows:new text end
18.27
new text begin Special Direct State Aid.new text end new text begin $27,331,000 the new text end
18.28
new text begin first year and $27,331,000 the second year new text end
18.29
new text begin are for special direct state aid authorized new text end
18.30
new text begin under Minnesota Statutes, section 354.436.new text end
18.31
new text begin Special Direct State Matching Aid. new text end
18.32
new text begin $2,500,000 the first year and $2,500,000 new text end
18.33
new text begin the second year are for special direct state new text end
19.1
new text begin matching aid authorized under Minnesota new text end
19.2
new text begin Statutes, section 354.435.new text end
19.3
19.4
Sec. 36. new text begin ST. PAUL TEACHERS new text end
new text begin RETIREMENT FUNDnew text end
new text begin $new text end
new text begin 9,827,000new text end
new text begin $new text end
new text begin 9,827,000new text end
19.5
new text begin The amounts estimated to be needed for new text end
19.6
new text begin special direct state aid to the first class new text end
19.7
new text begin city teachers retirement fund association new text end
19.8
new text begin authorized under Minnesota Statutes, section new text end
19.9
new text begin , subdivisions 3a and 3c.new text end
19.10
Sec. 37. new text begin MILITARY AFFAIRSnew text end
19.11
new text begin Subdivision 1.new text end new text begin Total Appropriationnew text end
new text begin $new text end
new text begin 19,368,000new text end
new text begin $new text end
new text begin 19,368,000new text end
19.12
new text begin The amounts that may be spent for each new text end
19.13
new text begin purpose are specified in the following new text end
19.14
new text begin subdivisions.new text end
19.15
new text begin Subd. 2.new text end new text begin Maintenance of Training Facilitiesnew text end
new text begin 9,661,000new text end
new text begin 9,661,000new text end
19.16
new text begin Subd. 3.new text end new text begin General Supportnew text end
new text begin 2,819,000new text end
new text begin 2,819,000new text end
19.17
new text begin Subd. 4.new text end new text begin Enlistment Incentivesnew text end
new text begin 6,888,000new text end
new text begin 6,888,000new text end
19.18
new text begin If appropriations for either year of the new text end
19.19
new text begin biennium are insufficient, the appropriation new text end
19.20
new text begin from the other year is available. The new text end
19.21
new text begin appropriations for enlistment incentives are new text end
19.22
new text begin available until expended.new text end
19.23
new text begin Of the funds carried forward from fiscal year new text end
19.24
new text begin 2015 to fiscal year 2016, in the enlistment new text end
19.25
new text begin incentives appropriation, $100,000 is new text end
19.26
new text begin canceled to the general fund to support the new text end
19.27
new text begin appropriation to the Minnesota Historical new text end
19.28
new text begin Society for a grant to the Minnesota Military new text end
19.29
new text begin Museum. $1,000,000 is canceled to the new text end
19.30
new text begin general fund to support the appropriation to new text end
19.31
new text begin the Department of Veterans Affairs for repair new text end
19.32
new text begin and betterment of the Minnesota veterans new text end
19.33
new text begin homes.new text end
20.1
Sec. 38. new text begin VETERANS AFFAIRSnew text end
20.2
new text begin Subdivision 1.new text end new text begin Total Appropriationnew text end
new text begin $new text end
new text begin 65,254,000new text end
new text begin $new text end
new text begin 67,360,000new text end
20.3
new text begin Appropriations by Fundnew text end
20.4
new text begin 2016new text end
new text begin 2017new text end
20.5
new text begin General Fundnew text end
new text begin 63,253,000new text end
new text begin 63,253,000new text end
20.6
new text begin Special Revenuenew text end
new text begin 2,001,000new text end
new text begin 4,107,000new text end
20.7
new text begin The amounts that may be spent for each new text end
20.8
new text begin purpose are specified in the following new text end
20.9
new text begin subdivisions.new text end
20.10
new text begin Subd. 2.new text end new text begin Veterans Servicesnew text end
new text begin 16,240,000new text end
new text begin 16,240,000new text end
20.11
new text begin Veterans Service Organizations.new text end new text begin $353,000 new text end
20.12
new text begin each year is for grants to the following new text end
20.13
new text begin congressionally chartered veterans service new text end
20.14
new text begin organizations, as designated by the new text end
20.15
new text begin commissioner: Disabled American Veterans, new text end
20.16
new text begin Military Order of the Purple Heart, the new text end
20.17
new text begin American Legion, Veterans of Foreign Wars, new text end
20.18
new text begin Vietnam Veterans of America, AMVETS, new text end
20.19
new text begin and Paralyzed Veterans of America. This new text end
20.20
new text begin funding must be allocated in direct proportion new text end
20.21
new text begin to the funding currently being provided by new text end
20.22
new text begin the commissioner to these organizations.new text end
20.23
new text begin Minnesota Assistance Council for new text end
20.24
new text begin Veterans.new text end new text begin $750,000 each year is for a grant new text end
20.25
new text begin to the Minnesota Assistance Council for new text end
20.26
new text begin Veterans to provide assistance throughout new text end
20.27
new text begin Minnesota to veterans and their families who new text end
20.28
new text begin are homeless or in danger of homelessness, new text end
20.29
new text begin including assistance with the following:new text end
20.30
new text begin (1) utilities;new text end
20.31
new text begin (2) employment; andnew text end
20.32
new text begin (3) legal issues.new text end
20.33
new text begin The assistance authorized under this new text end
20.34
new text begin paragraph must be made only to veterans who new text end
21.1
new text begin have resided in Minnesota for 30 days prior new text end
21.2
new text begin to application for assistance and according new text end
21.3
new text begin to other guidelines established by the new text end
21.4
new text begin commissioner. In order to avoid duplication new text end
21.5
new text begin of services, the commissioner must ensure new text end
21.6
new text begin that this assistance is coordinated with all new text end
21.7
new text begin other available programs for veterans.new text end
21.8
new text begin Honor Guards.new text end new text begin $200,000 each year is new text end
21.9
new text begin for compensation for honor guards at new text end
21.10
new text begin the funerals of veterans under Minnesota new text end
21.11
new text begin Statutes, section 197.231. This amount is new text end
21.12
new text begin added to the program's base funding.new text end
21.13
new text begin Minnesota GI Bill.new text end new text begin $200,000 each year is new text end
21.14
new text begin for the costs of administering the Minnesota new text end
21.15
new text begin GI Bill postsecondary educational benefits, new text end
21.16
new text begin on-the-job training, and apprenticeship new text end
21.17
new text begin program under Minnesota Statutes, section new text end
21.18
new text begin 197.791. Of this amount, $100,000 is for new text end
21.19
new text begin transfer to the Office of Higher Education.new text end
21.20
new text begin Gold Star Program.new text end new text begin $100,000 each year new text end
21.21
new text begin is for administering the Gold Star Program new text end
21.22
new text begin for surviving family members of deceased new text end
21.23
new text begin veterans. This amount is added to the new text end
21.24
new text begin program's base funding.new text end
21.25
new text begin County Veterans Service Office. new text end
21.26
new text begin $1,100,000 each year is for funding the new text end
21.27
new text begin County Veterans Service Office grant new text end
21.28
new text begin program under Minnesota Statutes, section new text end
21.29
new text begin 197.608.new text end
21.30
new text begin Subd. 3.new text end new text begin Veterans Homesnew text end
new text begin 49,014,000new text end
new text begin 51,120,000new text end
21.31
new text begin Appropriations by Fundnew text end
21.32
new text begin 2016new text end
new text begin 2017new text end
21.33
new text begin General Fundnew text end
new text begin 47,013,000new text end
new text begin 47,013,000new text end
21.34
new text begin Special Revenuenew text end
new text begin 2,001,000new text end
new text begin 4,107,000new text end
22.1
new text begin Veterans Homes Special Revenue Account. new text end
22.2
new text begin $6,108,000 is transferred from the state new text end
22.3
new text begin employee group insurance program trust fund new text end
22.4
new text begin to the veterans home special revenue account new text end
22.5
new text begin in the special revenue fund. The general fund new text end
22.6
new text begin appropriations made to the department may new text end
22.7
new text begin be transferred to a veterans homes special new text end
22.8
new text begin revenue account in the special revenue fund new text end
22.9
new text begin in the same manner as other receipts are new text end
22.10
new text begin deposited according to Minnesota Statutes, new text end
22.11
new text begin section 198.34. Amounts in the account new text end
22.12
new text begin are appropriated to the department for the new text end
22.13
new text begin operation of veterans homes facilities and new text end
22.14
new text begin programs.new text end
22.15
new text begin The general fund base in fiscal years 2018 new text end
22.16
new text begin and 2019 for veterans homes is $51,120,000 new text end
22.17
new text begin each year.new text end
22.18 Sec. 39.
new text begin ETHNIC COUNCILS ACCOUNT.new text end
22.19
new text begin The following amounts are deposited in the ethnic councils account in the special new text end
22.20
new text begin revenue fund:new text end
22.21
new text begin (1) $ 2,201,000 which is transferred from the state employee group insurance trust new text end
22.22
new text begin fund;new text end
22.23
new text begin (2) $871,000 which is transferred from the state elections campaign fund; andnew text end
22.24
new text begin (3) $294,000 from the appropriation related to health insurance transparency in Laws new text end
22.25
new text begin 2014, chapter 312, article 21, section 4, paragraph (a), is canceled to the general fund new text end
22.26
new text begin and transferred to the special revenue fund, effective the day following final enactment new text end
22.27
new text begin of this section.new text end
22.28
ARTICLE 2
22.29
STATE GOVERNMENT
22.30 Section 1.
new text begin [2.92] DISTRICTING PRINCIPLES.new text end
22.31
new text begin Subdivision 1.new text end new text begin Applicability; constitutional duty of legislature.new text end new text begin (a) The principles new text end
22.32
new text begin in this section apply to legislative and congressional districts.new text end
23.1
new text begin (b) Notwithstanding any laws to the contrary, legislative and congressional districts new text end
23.2
new text begin must be drawn by the legislature, consistent with the requirements of the Minnesota new text end
23.3
new text begin Constitution, article IV, section 3. The legislature may not delegate its duty to draw new text end
23.4
new text begin districts to any commission, council, panel, or other entity that is not comprised solely of new text end
23.5
new text begin members of the legislature.new text end
23.6
new text begin Subd. 2.new text end new text begin Nesting.new text end new text begin A representative district may not be divided in the formation new text end
23.7
new text begin of a senate district.new text end
23.8
new text begin Subd. 3.new text end new text begin Equal population.new text end new text begin (a) Legislative districts must be substantially equal new text end
23.9
new text begin in population. The population of a legislative district must not deviate from the ideal new text end
23.10
new text begin by more than 0.5 percent, plus or minus.new text end
23.11
new text begin (b) Congressional districts must be as nearly equal in population as practicable. new text end
23.12
new text begin Subd. 4.new text end new text begin Contiguity; compactness.new text end new text begin The districts must be composed of convenient new text end
23.13
new text begin contiguous territory. To the extent consistent with the other principles in this section, new text end
23.14
new text begin districts should be compact. Contiguity by water is sufficient if the water is not a serious new text end
23.15
new text begin obstacle to travel within the district. Point contiguity is not sufficient.new text end
23.16
new text begin Subd. 5.new text end new text begin Numbering.new text end new text begin (a) Legislative districts must be numbered in a regular series, new text end
23.17
new text begin beginning with house district 1A in the northwest corner of the state and proceeding across new text end
23.18
new text begin the state from west to east, north to south, but bypassing the 11-county metropolitan new text end
23.19
new text begin area until the southeast corner has been reached; then to the 11-county metropolitan area new text end
23.20
new text begin outside the cities of Minneapolis and St. Paul; then in Minneapolis and St. Paul.new text end
23.21
new text begin (b) Congressional district numbers must begin with district one in the southeast new text end
23.22
new text begin corner of the state and end with district eight in the northeast corner of the state.new text end
23.23
new text begin Subd. 6.new text end new text begin Minority representation.new text end new text begin (a) The dilution of racial or ethnic minority new text end
23.24
new text begin voting strength is contrary to the laws of the United States and the state of Minnesota. new text end
23.25
new text begin These principles must not be construed to supersede any provision of the Voting Rights new text end
23.26
new text begin Act of 1965, as amended.new text end
23.27
new text begin (b) A redistricting plan must not have the intent or effect of dispersing or new text end
23.28
new text begin concentrating minority population in a manner that prevents minority communities from new text end
23.29
new text begin electing their candidates of choice.new text end
23.30
new text begin Subd. 7.new text end new text begin Minor civil divisions.new text end new text begin (a) A county, city, or town must not be unduly new text end
23.31
new text begin divided unless required to meet equal population requirements or to form districts new text end
23.32
new text begin composed of convenient, contiguous territory.new text end
23.33
new text begin (b) A county, city, or town is not unduly divided in the formation of a legislative or new text end
23.34
new text begin congressional district if:new text end
23.35
new text begin (1) the division occurs because a portion of a city or town is noncontiguous with new text end
23.36
new text begin another portion of the same city or town; ornew text end
24.1
new text begin (2) despite the division, the known population of any affected county, city, or town new text end
24.2
new text begin remains wholly located within a single district.new text end
24.3
new text begin Subd. 8.new text end new text begin Preserving communities of interest.new text end new text begin (a) Districts should attempt to new text end
24.4
new text begin preserve identifiable communities of interest where that can be done in compliance with new text end
24.5
new text begin the principles under this section.new text end
24.6
new text begin (b) For purposes of this subdivision, "communities of interest" means recognizable new text end
24.7
new text begin areas with similarities of interests including, but not limited to, racial, ethnic, geographic, new text end
24.8
new text begin social, or cultural interests.new text end
24.9
new text begin Subd. 9.new text end new text begin Data to be used.new text end new text begin (a) The geographic areas and population counts used in new text end
24.10
new text begin maps, tables, and legal descriptions of the districts must be those used by the Geographic new text end
24.11
new text begin Information Systems Office of the Legislative Coordinating Commission. The population new text end
24.12
new text begin counts will be the block population counts provided to the state under Public Law 94-171 new text end
24.13
new text begin after each decennial census, subject to correction of any errors acknowledged by the new text end
24.14
new text begin United States Census Bureau.new text end
24.15
new text begin (b) Nothing in this subdivision prohibits the use of additional data, as determined new text end
24.16
new text begin by the legislature.new text end
24.17
new text begin Subd. 10.new text end new text begin Consideration of plans.new text end new text begin A redistricting plan must not be considered for new text end
24.18
new text begin adoption by the senate or house of representatives until a block equivalency file showing new text end
24.19
new text begin the district to which each census block has been assigned, in a form prescribed by the new text end
24.20
new text begin director of the Geographic Information Systems Office, has been filed with the director.new text end
24.21
new text begin Subd. 11.new text end new text begin Priority of principles.new text end new text begin Where it is not possible to fully comply with the new text end
24.22
new text begin principles contained in subdivisions 1 to 8, a redistricting plan must give priority to those new text end
24.23
new text begin principles in the order in which they are listed in this section, except to the extent that new text end
24.24
new text begin doing so would violate federal or state law.new text end
24.25
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment new text end
24.26
new text begin and applies to any plan for districts enacted or established for use on or after that date.new text end
24.27 Sec. 2. Minnesota Statutes 2014, section 3.971, is amended by adding a subdivision to
24.28read:
24.29
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 new text end
24.30
new text begin participate in the fiscal note and revenue estimate process in the manner described in new text end
24.31
new text begin section 3.98. Authority of the legislative auditor and duties of employees and entities new text end
24.32
new text begin under section 3.978, subdivision 2, apply to the legislative auditor's work on fiscal notes new text end
24.33
new text begin and revenue estimates.new text end
25.1 Sec. 3.
new text begin [3.9735] EVALUATION OF ECONOMIC DEVELOPMENT INCENTIVE new text end
25.2
new text begin PROGRAMS.new text end
25.3
new text begin Subdivision 1.new text end new text begin Definitions.new text end new text begin For purposes of this section, the terms defined in this new text end
25.4
new text begin section have the meanings given them.new text end
25.5
new text begin (a) "General incentive" means a state program, statutory provision, or tax new text end
25.6
new text begin expenditure, including tax credits, tax exemptions, tax deductions, grants, or loans, that new text end
25.7
new text begin is intended to encourage businesses to locate, expand, invest, or remain in Minnesota or new text end
25.8
new text begin to hire or retain employees in Minnesota. To be a general incentive, a state program, new text end
25.9
new text begin statutory provision, or tax expenditure must be available to multiple entities, projects, or new text end
25.10
new text begin associated projects or include eligibility criteria with the intent that it will be available to new text end
25.11
new text begin multiple entities, projects, or associated projects.new text end
25.12
new text begin (b) "Exclusive incentive" means a state program, statutory provision, tax new text end
25.13
new text begin expenditure, or section of a general incentive, including tax credits, tax exemptions, tax new text end
25.14
new text begin deductions, grants, or loans, that is intended to encourage a single specific entity, project, new text end
25.15
new text begin or associated projects to locate, expand, invest, or remain in Minnesota or to hire or retain new text end
25.16
new text begin employees in Minnesota.new text end
25.17
new text begin Subd. 2.new text end new text begin Selection of general incentives for review; schedule for evaluation; new text end
25.18
new text begin report.new text end new text begin Annually, the legislative auditor shall submit to the Legislative Audit Commission new text end
25.19
new text begin a list of three to five general incentives proposed for review. In selecting general new text end
25.20
new text begin incentives to include on this list, the legislative auditor may consider what the incentive new text end
25.21
new text begin will cost state and local governments in actual spending and foregone revenue currently or new text end
25.22
new text begin projected into the future, the legislature's need for information about a general incentive new text end
25.23
new text begin that has an upcoming expiration date, and the legislature's need for regular information on new text end
25.24
new text begin the results of all major general incentives. Annually, the Legislative Audit Commission new text end
25.25
new text begin will select at least one general incentive for the legislative auditor's evaluation. The new text end
25.26
new text begin legislative auditor will evaluate the selected general incentive or incentives, prepared new text end
25.27
new text begin according to the evaluation plan established under subdivision 4, and submit a written new text end
25.28
new text begin report to the Legislative Audit Commission.new text end
25.29
new text begin Subd. 3.new text end new text begin Exclusive incentive schedule.new text end new text begin The legislative auditor's schedule shall new text end
25.30
new text begin ensure that at least once every four years the legislative auditor will complete an analysis new text end
25.31
new text begin of best practices for exclusive incentives.new text end
25.32
new text begin Subd. 4.new text end new text begin Evaluation plans.new text end new text begin By February 1, 2016, the Legislative Audit Commission new text end
25.33
new text begin shall establish evaluation plans that identify elements that the legislative auditor must new text end
25.34
new text begin include in evaluations of a general incentive and an exclusive incentive. The Legislative new text end
25.35
new text begin Audit Commission may modify the evaluation plans as needed.new text end
26.1 Sec. 4. Minnesota Statutes 2014, section 3.98, is amended to read:
26.2
3.98 FISCAL NOTESnew text begin AND REVENUE ESTIMATESnew text end .
26.3 Subdivision 1.
Preparation. The head or chief administrative officer of each
26.4department or agency of the state government, including the Supreme Court, shall prepare
26.5a fiscal note at the request of the chair of the standing committee to which a bill has been
26.6referred, or the chair of the house of representatives Ways and Means Committee, or the
26.7chair of the senate Committee on Finance.
26.8For purposes of this subdivision, "Supreme Court" includes all agencies, committees,
26.9and commissions supervised or appointed by the state Supreme Court or the state court
26.10administrator.
new text begin (a) The chair of the standing committee to which a bill has been referred, new text end
26.11
new text begin the chair of the house of representatives Ways and Means Committee, and the chair of new text end
26.12
new text begin the senate Committee on Finance may request a fiscal note. The chair of the house of new text end
26.13
new text begin representatives or senate tax committee may request a revenue estimate. A request for a new text end
26.14
new text begin fiscal note or revenue estimate must be filed with the legislative auditor.new text end
26.15
new text begin (b) Upon receiving a request for a fiscal note or revenue estimate, the legislative new text end
26.16
new text begin auditor shall request appropriate agencies, offices, boards, or commissions in the executive, new text end
26.17
new text begin judicial, or legislative branch to provide the legislative auditor with an analysis of the new text end
26.18
new text begin financial and personnel impacts of the bill. The analysis must include a clear statement new text end
26.19
new text begin of the assumptions used in the analysis and the extent to which alternative assumptions new text end
26.20
new text begin were considered. Agencies, offices, boards, or commissions shall, after receiving a request new text end
26.21
new text begin from the legislative auditor, submit the analysis in the time and manner requested by the new text end
26.22
new text begin auditor. The legislative auditor may require agencies, offices, boards, or commissions to new text end
26.23
new text begin use the fiscal note tracking system developed and maintained by the commissioner of new text end
26.24
new text begin management and budget for submitting fiscal note information and analysis.new text end
26.25
new text begin (c) The legislative auditor shall review the analysis submitted by agencies, offices, new text end
26.26
new text begin boards, or commissions and assess the reasonableness of the analysis, particularly the new text end
26.27
new text begin reasonableness of the assumptions used in the analysis. The auditor may require agencies, new text end
26.28
new text begin offices, boards, or commissions to resubmit their analysis under new assumptions or new text end
26.29
new text begin calculation parameters as defined by the auditor.new text end
26.30
new text begin (d) When the legislative auditor accepts the final analysis from all relevant agencies, new text end
26.31
new text begin offices, boards, or commissions, the legislative auditor shall deliver the completed new text end
26.32
new text begin fiscal note or revenue estimate. The note or estimate must contain the final analysis new text end
26.33
new text begin and assumptions submitted to the legislative auditor by agencies, offices, boards, or new text end
26.34
new text begin commissions, and a statement by the legislative auditor as to whether the legislative new text end
26.35
new text begin auditor agrees with the final analysis and assumptions. The auditor must state the new text end
26.36
new text begin reasons for any disagreements and may offer alternative analysis and assumptions for new text end
27.1
new text begin consideration by the legislature. If the legislative auditor deems these disagreements new text end
27.2
new text begin sufficiently large, the legislative auditor may submit an unofficial "unapproved" fiscal note new text end
27.3
new text begin to the legislature for public consideration of both the analysis of the agencies, offices, new text end
27.4
new text begin boards, or commissions, and of the legislative auditor.new text end
27.5 Subd. 2.
Contents. (a) The
new text begin Anew text end fiscal note, where possible, shall:
27.6(1) cite the effect in dollar amounts;
27.7(2) cite the statutory provisions affected;
27.8(3) estimate the increase or decrease in revenues or expenditures;
27.9(4) include the costs which may be absorbed without additional funds;
27.10(5) include the assumptions used in determining the cost estimates; and
27.11(6) specify any long-range implication.
27.12(b) The
new text begin A revenue estimate must estimate the effect of a bill on state tax revenues.new text end
27.13
new text begin (c) Anew text end fiscal note
new text begin or revenue estimatenew text end may comment on technical or mechanical
27.14defects in the bill but shall express no opinions concerning the merits of the proposal.
27.15 Subd. 3.
Distribution. A copy of the
new text begin anew text end fiscal note shall be delivered to the chair
27.16of the Ways and Means Committee of the house of representatives, the chair of the
27.17Finance Committee of the senate, the chair of the standing committee to which the bill
27.18has been referred, to the chief author of the bill and to the commissioner of management
27.19and budget.
new text begin A copy of a revenue estimate shall be delivered to the chairs of the house new text end
27.20
new text begin of representatives and senate tax committees, to the chief author of the bill, and to the new text end
27.21
new text begin commissioner of revenue.new text end
27.22 Subd. 4.
Uniform procedure. The commissioner of management and budget
27.23
new text begin legislative auditornew text end shall prescribe a uniform procedure to govern the departments and
27.24agencies of the state in complying with the requirements of this section.
27.25
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 new text end
27.26
new text begin provide the legislative auditor with manuals and other documentation requested by the new text end
27.27
new text begin auditor for the fiscal note tracking system that is maintained by the commissioner.new text end
27.28 Sec. 5. Minnesota Statutes 2014, section 3.987, subdivision 1, is amended to read:
27.29 Subdivision 1.
Local impact notes. The commissioner of management and budget
27.30
new text begin legislative auditornew text end shall coordinate the development of a local impact note for any proposed
27.31legislation introduced after June 30, 1997, upon request of the chair or the ranking minority
27.32member of either legislative Tax, Finance, or Ways and Means Committee. Upon receipt
27.33of a request to prepare a local impact note, the commissioner
new text begin auditornew text end must notify the
27.34authors of the proposed legislation that the request has been made. The local impact note
27.35must be made available to the public upon request. If the action is among the exceptions
28.1listed in section
3.988, a local impact note need not be requested nor prepared. The
28.2commissioner
new text begin auditornew text end shall make a reasonable and timely estimate of the local fiscal impact
28.3on each type of political subdivision that would result from the proposed legislation. The
28.4commissioner of management and budget
new text begin auditornew text end may require any political subdivision or
28.5the commissioner of an administrative agency of the state to supply in a timely manner
28.6any information determined to be necessary to determine local fiscal impact. The political
28.7subdivision, its representative association, or commissioner shall convey the requested
28.8information to the commissioner of management and budget
new text begin auditornew text end with a signed
28.9statement to the effect that the information is accurate and complete to the best of its ability.
28.10The political subdivision, its representative association, or commissioner, when requested,
28.11shall update its determination of local fiscal impact based on actual cost or revenue figures,
28.12improved estimates, or both. Upon completion of the note, the commissioner
new text begin auditornew text end must
28.13provide a copy to the authors of the proposed legislation and to the chair and ranking
28.14minority member of each committee to which the proposed legislation is referred.
28.15 Sec. 6.
new text begin [6.481] COUNTY AUDITS.new text end
28.16
new text begin Subdivision 1.new text end new text begin Powers and duties.new text end new text begin All the powers and duties conferred and imposed new text end
28.17
new text begin upon the state auditor shall be exercised and performed by the state auditor in respect to new text end
28.18
new text begin the offices, institutions, public property, and improvements of several counties of the new text end
28.19
new text begin state. The state auditor may visit, without previous notice, each county and examine all new text end
28.20
new text begin accounts and records relating to the receipt and disbursement of the public funds and the new text end
28.21
new text begin custody of the public funds and other property. The state auditor shall prescribe and install new text end
28.22
new text begin systems of accounts and financial reports that shall be uniform, so far as practicable, for new text end
28.23
new text begin the same class of offices.new text end
28.24
new text begin Subd. 2.new text end new text begin Annual audit required.new text end new text begin A county must have an annual financial audit. new text end
28.25
new text begin A county may choose to have the audit performed by the state auditor, or may choose to new text end
28.26
new text begin have the audit performed by a CPA firm meeting the requirements of section 326A.05. new text end
28.27
new text begin The state auditor or a CPA firm may accept the records and audit of the Department of new text end
28.28
new text begin Human Services instead of examining county human service funds, if the audit of the new text end
28.29
new text begin Department of Human Services has been made within any period covered by the auditor's new text end
28.30
new text begin audit of other county records.new text end
28.31
new text begin Subd. 3.new text end new text begin CPA firm audit.new text end new text begin A county audit performed by a CPA firm must meet new text end
28.32
new text begin the standards and be in the form required by the state auditor. The state auditor may new text end
28.33
new text begin require additional information from the CPA firm if the state auditor determines that is new text end
28.34
new text begin in the public interest, but the state auditor must accept the audit unless the state auditor new text end
28.35
new text begin determines it does not meet recognized industry auditing standards or is not in the form new text end
29.1
new text begin required by the state auditor. The state auditor may make additional examinations as the new text end
29.2
new text begin auditor determines to be in the public interest.new text end
29.3
new text begin Subd. 4.new text end new text begin Audit availability; data.new text end new text begin A copy of the annual audit by the state auditor or new text end
29.4
new text begin by a CPA firm must be available for public inspection in the Office of the State Auditor and new text end
29.5
new text begin in the Office of the County Auditor. If an audit is performed by a CPA firm, data relating new text end
29.6
new text begin to the audit are subject to the same data classifications that apply under section 6.715. A new text end
29.7
new text begin CPA firm conducting a county audit must provide access to data relating to the audit and is new text end
29.8
new text begin liable for unlawful disclosure of the data as if it were a government entity under chapter 13.new text end
29.9
new text begin Subd. 5.new text end new text begin Reporting.new text end new text begin If an audit conducted by the state auditor or a CPA firm new text end
29.10
new text begin discloses malfeasance, misfeasance, or nonfeasance, the auditor must report this to the new text end
29.11
new text begin county attorney, who shall institute civil and criminal proceedings as the law and the new text end
29.12
new text begin protection of the public interests requires.new text end
29.13
new text begin Subd. 6.new text end new text begin Payments to state auditor.new text end new text begin A county audited by the state auditor must new text end
29.14
new text begin pay the state auditor for the costs and expenses of the audit. If the state auditor makes new text end
29.15
new text begin additional examinations of a county whose audit is performed by a CPA firm, the county new text end
29.16
new text begin must pay the auditor for the cost of these examinations. Payments must be deposited in new text end
29.17
new text begin the state auditor enterprise fund.new text end
29.18
new text begin Subd. 7.new text end new text begin Procedures for change of auditor.new text end new text begin A county that plans to change to or new text end
29.19
new text begin from the state auditor and a CPA firm must notify the state auditor of this change by new text end
29.20
new text begin August 1 of an even-numbered year. Upon this notice, the following calendar year will be new text end
29.21
new text begin the first year's records that will be subject to an audit by the new entity. A county that new text end
29.22
new text begin changes to or from the state auditor must have two annual audits done by the new entity.new text end
29.23 Sec. 7. Minnesota Statutes 2014, section 10.43, is amended to read:
29.24
10.43 TELEPHONE USE; APPROVAL.
29.25
new text begin (a) new text end Each representative, senator, constitutional officer, judge, and head of a state
29.26department or agency shall sign the person's monthly long-distance telephone bills paid
29.27by the state as evidence of the person's approval of each bill.
new text begin This signature requirement new text end
29.28
new text begin does not apply to a month in which the person's long-distance phone bill paid by the new text end
29.29
new text begin state is less than $5.new text end
29.30
new text begin (b) Even if the monthly long-distance phone bill paid by the state for a person new text end
29.31
new text begin subject to this section is less than $5, the person is responsible for paying that portion of new text end
29.32
new text begin the bill that does not relate to state business. As provided in section 10.46, long-distance new text end
29.33
new text begin telephone bills paid by the state are public data, regardless of the amount of the bills.new text end
30.1
new text begin EFFECTIVE DATE.new text end new text begin This section is effective for telephone bills for usage on or new text end
30.2
new text begin after July 1, 2015.new text end
30.3 Sec. 8. Minnesota Statutes 2014, section 10A.01, subdivision 26, is amended to read:
30.4 Subd. 26.
Noncampaign disbursement. "Noncampaign disbursement" means
30.5a purchase or payment of money or anything of value made, or an advance of credit
30.6incurred, or a donation in kind received, by a principal campaign committee for any of
30.7the following purposes:
30.8 (1) payment for accounting and legal services;
30.9 (2) return of a contribution to the source;
30.10 (3) repayment of a loan made to the principal campaign committee by that committee;
30.11 (4) return of a public subsidy;
30.12 (5) payment for food, beverages, and necessary utensils and supplies, entertainment,
30.13and facility rental for a fund-raising event;
30.14 (6)
new text begin (5)new text end services for a constituent by a member of the legislature or a constitutional
30.15officer in the executive branch, including the costs of preparing and distributing a
30.16suggestion or idea solicitation to constituents, performed from the beginning of the term
30.17of office to adjournment sine die of the legislature in the election year for the office
30.18held, and half the cost of services for a constituent by a member of the legislature or a
30.19constitutional officer in the executive branch performed from adjournment sine die to 60
30.20days after adjournment sine die;
30.21 (7)
new text begin (6)new text end payment for food and beverages consumed by a candidate or volunteers while
30.22they are engaged in campaign activities;
30.23 (8)
new text begin (7)new text end payment for food or a beverage consumed while attending a reception or
30.24meeting directly related to legislative duties;
30.25 (9)
new text begin (8)new text end payment of expenses incurred by elected or appointed leaders of a legislative
30.26caucus in carrying out their leadership responsibilities;
30.27 (10)
new text begin (9)new text end payment by a principal campaign committee of the candidate's expenses
30.28for serving in public office, other than for personal uses;
30.29 (11)
new text begin (10)new text end costs of child care for the candidate's children when campaigning;
30.30 (12)
new text begin (11)new text end fees paid to attend a campaign school;
30.31 (13)
new text begin (12)new text end costs of a postelection party during the election year when a candidate's
30.32name will no longer appear on a ballot or the general election is concluded, whichever
30.33occurs first;
30.34 (14)
new text begin (13)new text end interest on loans paid by a principal campaign committee on outstanding
30.35loans;
31.1 (15)
new text begin (14)new text end filing fees;
31.2 (16)
new text begin (15)new text end post-general election holiday or seasonal cards, thank-you notes, or
31.3advertisements in the news media mailed or published prior to the end of the election cycle;
31.4 (17)
new text begin (16)new text end the cost of campaign material purchased to replace defective campaign
31.5material, if the defective material is destroyed without being used;
31.6 (18)
new text begin (17)new text end contributions to a party unit;
31.7 (19)
new text begin (18)new text end payments for funeral gifts or memorials;
31.8 (20)
new text begin (19)new text end the cost of a magnet less than six inches in diameter containing legislator
31.9contact information and distributed to constituents;
31.10 (21)
new text begin (20)new text end costs associated with a candidate attending a political party state or national
31.11convention in this state;
31.12 (22)
new text begin (21)new text end other purchases or payments specified in board rules or advisory opinions
31.13as being for any purpose other than to influence the nomination or election of a candidate
31.14or to promote or defeat a ballot question; and
31.15(23)
new text begin (22)new text end costs paid to a third party for processing contributions made by a credit
31.16card, debit card, or electronic check.
31.17 The board must determine whether an activity involves a noncampaign disbursement
31.18within the meaning of this subdivision.
31.19 A noncampaign disbursement is considered to be made in the year in which the
31.20candidate made the purchase of goods or services or incurred an obligation to pay for
31.21goods or services.
31.22
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2015, and applies to elections new text end
31.23
new text begin held on or after that date.new text end
31.24 Sec. 9. Minnesota Statutes 2014, section 10A.105, subdivision 1, is amended to read:
31.25 Subdivision 1.
Single committee. A candidate must not accept contributions
31.26from a source, other than self, in aggregate in excess of $750 or accept a public subsidy
31.27unless the candidate designates and causes to be formed a single principal campaign
31.28committee for each office sought. A candidate may not authorize, designate, or cause to be
31.29formed any other political committee bearing the candidate's name or title or otherwise
31.30operating under the direct or indirect control of the candidate. However, a candidate may
31.31be involved in the direct or indirect control of a party unit.
31.32
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2015, and applies to elections new text end
31.33
new text begin held on or after that date.new text end
32.1 Sec. 10. Minnesota Statutes 2014, section 10A.15, subdivision 1, is amended to read:
32.2 Subdivision 1.
Anonymous contributions. A political committee, political fund,
32.3principal campaign committee, or party unit may not retain an anonymous contribution
32.4in excess of $20, but must forward it to the board for deposit in the general account of
32.5the state elections campaign account
new text begin fundnew text end .
32.6
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2015.new text end
32.7 Sec. 11. Minnesota Statutes 2014, section 10A.245, subdivision 2, is amended to read:
32.8 Subd. 2.
Termination by board. The board may terminate the registration of
32.9a principal campaign committee, party unit, political committee, or political fund found
32.10to be inactive under this section 60 days after sending written notice of inactivity by
32.11certified mail to the affected association at the last address on record with the board for
32.12that association. Within 60 days after the board sends notice under this section, the
32.13affected association must dispose of its assets as provided in this subdivision. The assets
32.14of the principal campaign committee, party unit, or political committee must be used for
32.15the purposes authorized by this chapter or section
211B.12 or must be liquidated and
32.16deposited in the general account of the state elections campaign account
new text begin fundnew text end . The assets
32.17of an association's political fund that were derived from the association's general treasury
32.18money revert to the association's general treasury. Assets of a political fund that resulted
32.19from contributions to the political fund must be used for the purposes authorized by this
32.20chapter or section
211B.12 or must be liquidated and deposited in the general account of
32.21the state elections campaign account
new text begin fundnew text end .
32.22
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2015.new text end
32.23 Sec. 12. Minnesota Statutes 2014, section 10A.257, subdivision 1, is amended to read:
32.24 Subdivision 1.
Unused funds. new text begin For election cycles ending on or before December new text end
32.25
new text begin 31, 2016, new text end after all campaign expenditures and noncampaign disbursements for an election
32.26cycle have been made, an amount up to 25 percent of the
new text begin 2014new text end election cycle expenditure
32.27limit for the office may be carried forward. Any remaining amount up to the total amount of
32.28the
new text begin 2014 new text end public subsidy from the state elections campaign fund must be returned to the state
32.29treasury for credit to the general fund under section
10A.324. Any remaining amount in
32.30excess of the
new text begin 2014 new text end total public subsidy must be contributed to the state elections campaign
32.31account or a political party for multicandidate expenditures as defined in section
10A.275.
32.32
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2015, and applies to elections new text end
32.33
new text begin held on or after that date.new text end
33.1 Sec. 13. Minnesota Statutes 2014, section 10A.38, is amended to read:
33.2
10A.38 CAPTIONING OF CAMPAIGN ADVERTISEMENTS.
33.3 (a) This section applies to a campaign advertisement by a candidate who is governed
33.4by an agreement under section
.
33.5 (b) "Campaign advertisement" means a professionally produced visual or audio
33.6recording of two minutes or less produced by the candidate for the purpose of influencing
33.7the nomination or election of a candidate.
33.8 (c)
new text begin (b)new text end A campaign advertisement that is disseminated as an advertisement by
33.9broadcast or cable television must include closed captioning for deaf and hard-of-hearing
33.10viewers, unless the candidate has filed with the board before the advertisement is
33.11disseminated a statement setting forth the reasons for not doing so. A campaign
33.12advertisement that is disseminated as an advertisement to the public on the candidate's
33.13Web site must include closed captioning for deaf and hard-of-hearing viewers, unless the
33.14candidate has posted on the Web site a transcript of the spoken content of the advertisement
33.15or the candidate has filed with the board before the advertisement is disseminated a
33.16statement setting forth the reasons for not doing so. A campaign advertisement must
33.17not be disseminated as an advertisement by radio unless the candidate has posted on
33.18the candidate's Web site a transcript of the spoken content of the advertisement or the
33.19candidate has filed with the board before the advertisement is disseminated a statement
33.20setting forth the reasons for not doing so.
33.21 Sec. 14. Minnesota Statutes 2014, section 14.02, is amended by adding a subdivision
33.22to read:
33.23
new text begin Subd. 5.new text end new text begin Substantial economic impact.new text end new text begin A rule has a "substantial economic impact" new text end
33.24
new text begin if the rule would result in, or likely result in:new text end
33.25
new text begin (1) an adverse effect or impact on the private-sector economy of the state of new text end
33.26
new text begin Minnesota of $5,000,000 or more in a single year;new text end
33.27
new text begin (2) a significant increase in costs or prices for consumers, individual private-sector new text end
33.28
new text begin industries, state agencies, local governments, individuals, or private-sector enterprises new text end
33.29
new text begin within certain geographic regions inside the state of Minnesota;new text end
33.30
new text begin (3) significant adverse impacts on the competitiveness of private-sector new text end
33.31
new text begin Minnesota-based enterprises or on private-sector employment, investment, productivity, new text end
33.32
new text begin or innovation within the state of Minnesota; ornew text end
33.33
new text begin (4) compliance costs, in the first year after the rule takes effect, of more than $25,000 new text end
33.34
new text begin for any one business that has less than 50 full-time employees, or for any one statutory or new text end
33.35
new text begin home rule charter city that has less than ten full-time employees.new text end
34.1 Sec. 15. Minnesota Statutes 2014, section 14.05, subdivision 1, is amended to read:
34.2 Subdivision 1.
Authority to adopt original rules restricted. new text begin (a) new text end Each agency shall
34.3adopt, amend, suspend, or repeal its rules
new text begin : (1)new text end in accordance with the procedures specified
34.4in sections
14.001 to
14.69, and
new text begin ; (2)new text end only pursuant to authority delegated by
new text begin state or new text end
34.5
new text begin federal new text end law
new text begin ;new text end and
new text begin (3)new text end in full compliance with its duties and obligations.
34.6
new text begin (b)new text end If a law authorizing rules is repealed, the rules adopted pursuant to that law are
34.7automatically repealed on the effective date of the law's repeal unless there is another
34.8law authorizing the rules.
34.9
new text begin (c)new text end Except as provided in section
14.06, sections
14.001 to
14.69 shall not be
34.10authority for an agency to adopt, amend, suspend, or repeal rules.
34.11 Sec. 16. Minnesota Statutes 2014, section 14.05, subdivision 2, is amended to read:
34.12 Subd. 2.
Authority to modify proposed rule. (a) An agency may modify a
34.13proposed rule in accordance with the procedures of the Administrative Procedure Act.
34.14However, an agency may not modify a proposed rule so that it is substantially different
34.15from the proposed rule in the notice of intent to adopt rules or notice of hearing.
34.16(b) A modification does not make a proposed rule substantially different if:
34.17(1) the differences are within the scope of the matter announced in the notice of
34.18intent to adopt or notice of hearing and are in character with the issues raised in that notice;
34.19(2) the differences are a logical outgrowth of the contents of the notice of intent to
34.20adopt or notice of hearing and the comments submitted in response to the notice; and
34.21(3) the notice of intent to adopt or notice of hearing provided fair warning that the
34.22outcome of that rulemaking proceeding could be the rule in question.
34.23(c) In determining whether the notice of intent to adopt or notice of hearing provided
34.24fair warning that the outcome of that rulemaking proceeding could be the rule in question
34.25the following factors must be considered:
34.26(1) the extent to which persons who will be affected by the rule should have
34.27understood that the rulemaking proceeding on which it is based could affect their interests;
34.28(2) the extent to which the subject matter of the rule or issues determined by the
34.29rule are different from the subject matter or issues contained in the notice of intent to
34.30adopt or notice of hearing; and
34.31(3) the extent to which the effects of the rule differ from the effects of the proposed
34.32rule contained in the notice of intent to adopt or notice of hearing.
34.33
new text begin (d) A modification makes a proposed rule substantially different if the modification new text end
34.34
new text begin causes a rule that did not previously have a substantial economic impact to have a new text end
34.35
new text begin substantial economic impact.new text end
35.1 Sec. 17. Minnesota Statutes 2014, section 14.116, is amended to read:
35.2
14.116 NOTICE TO LEGISLATURE.
35.3(a) By January 15 each year, each agency must submit its rulemaking docket
35.4maintained under section
14.366, and the official rulemaking record required under section
35.514.365
for any rule adopted during the preceding calendar year, to the chairs and ranking
35.6minority members of the legislative policy and budget committees with jurisdiction over
35.7the subject matter of the proposed rule
new text begin and to the Legislative Coordinating Commission. new text end
35.8
new text begin Each agency must post a link to its rulemaking docket on the agency Web site home pagenew text end .
35.9(b) When an agency mails notice of intent to adopt rules under section
14.14 or
35.1014.22
, the agency must send a copy of the same notice and a copy of the statement of need
35.11and reasonableness to the chairs and ranking minority party members of the legislative
35.12policy and budget committees with jurisdiction over the subject matter of the proposed
35.13rules and to the Legislative Coordinating Commission.
35.14(c) In addition, if the mailing of the notice is within two years of the effective date
35.15of the law granting the agency authority to adopt the proposed rules, the agency shall
35.16make reasonable efforts to send a copy of the notice and the statement to all sitting
35.17legislators who were chief house of representatives and senate authors of the bill granting
35.18the rulemaking authority. If the bill was amended to include this rulemaking authority,
35.19the agency shall make reasonable efforts to send the notice and the statement to the chief
35.20house of representatives and senate authors of the amendment granting rulemaking
35.21authority, rather than to the chief authors of the bill.
35.22 Sec. 18. Minnesota Statutes 2014, section 14.127, is amended to read:
35.23
14.127 LEGISLATIVE APPROVAL REQUIRED.
35.24 Subdivision 1.
Cost thresholdsnew text begin Substantial economic impactnew text end . An agency must
35.25determine if the cost of complying with a proposed rule in the first year after the rule
35.26takes effect will exceed $25,000 for: (1) any one business that has less than 50 full-time
35.27employees; or (2) any one statutory or home rule charter city that has less than ten
35.28full-time employees. For purposes of this section, "business" means a business entity
35.29organized for profit or as a nonprofit, and includes an individual, partnership, corporation,
35.30joint venture, association, or cooperative
new text begin has a substantial economic impact, as defined new text end
35.31
new text begin in section 14.02, subdivision 5new text end .
35.32 Subd. 2.
Agency determination. An agency must make the determination required
35.33by subdivision 1 before the close of the hearing record, or before the agency submits the
35.34record to the administrative law judge if there is no hearing
new text begin agency gives notice under new text end
36.1
new text begin section 14.14, 14.22, 14.225, or 14.389new text end . The administrative law judge must review and
36.2approve or disapprove the agency determination under this section.
36.3 Subd. 3.
Legislative approval required. new text begin (a) If the agency determines that a new text end
36.4
new text begin proposed rule has a substantial economic impact, the agency must request the legislative new text end
36.5
new text begin auditor to convene a five-person peer review advisory panel to conduct an impact analysis new text end
36.6
new text begin of the proposed rule. Within 30 days of receipt of the agency's request, the legislative new text end
36.7
new text begin auditor shall convene a peer review advisory panel. The advisory panel must be made up new text end
36.8
new text begin of individuals who have not directly or indirectly been involved in the work conducted or new text end
36.9
new text begin contracted by the agency and who are not employed by the agency. The agency must pay new text end
36.10
new text begin each panel member for the costs of the person's service on the panel, as determined by new text end
36.11
new text begin the legislative auditor. The agency shall transfer an amount from the agency's operating new text end
36.12
new text begin budget to the legislative auditor to pay for costs for convening the peer review advisory new text end
36.13
new text begin panel process. The panel may receive written and oral comments from the public during new text end
36.14
new text begin its review. The panel must submit its report within 60 days of being convened. The new text end
36.15
new text begin agency must receive a final report from the panel before the agency conducts a public new text end
36.16
new text begin hearing on a proposed rule or, if no hearing is held, before the rule is submitted to the new text end
36.17
new text begin administrative law judge. The panel's report must include its conclusions on the extent to new text end
36.18
new text begin which the proposed rule:new text end
36.19
new text begin (1) is based on sound, reasonably available scientific, technical, economic, or other new text end
36.20
new text begin information or rationale; andnew text end
36.21
new text begin (2) is more restrictive than a standard, limitation, or requirement imposed by federal new text end
36.22
new text begin law or rule pertaining to the same subject matter.new text end
36.23
new text begin (b) If the agency determines that a rule does not have a substantial economic impact, new text end
36.24
new text begin the administrative law judge must review this determination. If the administrative law new text end
36.25
new text begin judge determines that a rule may have a substantial economic impact, the agency must new text end
36.26
new text begin have the legislative auditor arrange for the analysis required by paragraph (a), and the new text end
36.27
new text begin agency must give new notice of intent to adopt the proposed rule after receiving this new text end
36.28
new text begin analysis. The administrative law judge may make this determination as part of the new text end
36.29
new text begin administrative law judge's report on the proposed rule, or at any earlier time after the new text end
36.30
new text begin administrative law judge is assigned to the rule proceeding.new text end
36.31
new text begin (c) new text end If the agency determines that the cost exceeds the threshold in subdivision 1
36.32
new text begin proposed rule has a substantial economic impactnew text end , or if the administrative law judge
36.33disapproves the agency's determination that the cost does
new text begin rule does new text end not exceed the threshold
36.34in subdivision 1, any business that has less than 50 full-time employees or any statutory
36.35or home rule charter city that has less than ten full-time employees may file a written
36.36statement with the agency claiming a temporary exemption from the rules. Upon filing of
37.1such a statement with the agency, the rules do not apply to that business or that city until the
37.2rules are
new text begin have a substantial economic impact, the agency or the administrative law judge new text end
37.3
new text begin shall deliver the determination and peer review advisory panel report to the Legislative new text end
37.4
new text begin Coordinating Commission and to the chairs and ranking minority members of the house new text end
37.5
new text begin of representatives and senate committees and divisions with jurisdiction over the subject new text end
37.6
new text begin matter of the rule, and the proposed rule does not take effect until the rule is new text end approved by a
37.7law enacted after the agency determination or administrative law judge disapproval.
37.8 Subd. 4.
Exceptions. (a) Subdivision 3 does not apply if the administrative law
37.9judge approves an agency's determination that the legislature has appropriated money to
37.10sufficiently fund the expected cost of the rule upon the business or city proposed to be
37.11regulated by the rule.
37.12(b) Subdivision 3 does not apply if the administrative law judge approves an
37.13agency's determination that the rule has been proposed pursuant to a specific federal
37.14statutory or regulatory mandate.
37.15(c)
new text begin (b) new text end This section does not apply if the rule is adopted under section
14.388 or
37.16under another law specifying that the rulemaking procedures of this chapter do not apply.
37.17(d)
new text begin (c) new text end This section does not apply to a rule adopted by the Public Utilities
37.18Commission.
37.19(e) Subdivision 3 does not apply if the governor waives application of subdivision 3.
37.20The governor may issue a waiver at any time, either before or after the rule would take
37.21effect, but for the requirement of legislative approval. As soon as possible after issuing a
37.22waiver under this paragraph, the governor must send notice of the waiver to the speaker of
37.23the house and the president of the senate and must publish notice of this determination in
37.24the State Register.
37.25 Subd. 5.
Severability. If an administrative law judge determines that part of a
37.26proposed rule exceeds the threshold specified in subdivision 1
new text begin has a substantial economic new text end
37.27
new text begin impactnew text end , but that a severable portion of a proposed rule does not exceed the threshold in
37.28subdivision 1
new text begin have a substantial economic impactnew text end , the administrative law judge may
37.29provide that the severable portion of the rule that does not exceed the threshold
new text begin have a new text end
37.30
new text begin substantial economic impact new text end may take effect without legislative approval.
37.31 Sec. 19. Minnesota Statutes 2014, section 14.131, is amended to read:
37.32
14.131 STATEMENT OF NEED AND REASONABLENESS.
37.33By the date of the section
14.14, subdivision 1a,
new text begin 14.22, or 14.225, new text end notice, the agency
37.34must prepare, review, and make available for public review a statement of the need for and
37.35reasonableness of the rule. The statement of need and reasonableness must be prepared
38.1under rules adopted by the chief administrative law judge and must include the following
38.2to the extent the agency, through reasonable effort, can ascertain this information:
38.3(1) a description of the classes of persons who probably will be affected by the
38.4proposed rule, including classes that will bear the costs of the proposed rule and classes
38.5that will benefit from the proposed rule;
38.6(2) the probable costs to the agency and to any other agency of the implementation
38.7and enforcement of the proposed rule and any anticipated effect on state revenues;
38.8(3) a determination of whether there are less costly methods or less intrusive
38.9methods for achieving the purpose of the proposed rule;
38.10(4) a description of any alternative methods for achieving the purpose of the
38.11proposed rule that were seriously considered by the agency and the reasons why they
38.12were rejected in favor of the proposed rule;
38.13(5) the probable costs of complying with the proposed rule, including the portion
38.14of the total costs that will be borne by identifiable categories of affected parties, such as
38.15separate classes of governmental units, businesses, or individuals;
38.16(6) the probable costs or consequences of not adopting the proposed rule, including
38.17those costs or consequences borne by identifiable categories of affected parties, such as
38.18separate classes of government units, businesses, or individuals;
38.19(7) an assessment of any differences between the proposed rule and existing federal
38.20regulations and a specific analysis of the need for and reasonableness of each difference; and
38.21(8) an assessment of the cumulative effect of the rule with other federal and state
38.22regulations related to the specific purpose of the rule.
new text begin ; andnew text end
38.23
new text begin (9) the agency's findings and conclusions that support its determination that the new text end
38.24
new text begin proposed rule does or does not have a substantial economic impact.new text end
38.25The statement must describe how the agency, in developing the rules, considered
38.26and implemented the legislative policy supporting performance-based regulatory systems
38.27set forth in section
14.002new text begin in a cost-effective and timely mannernew text end .
38.28For purposes of clause (8), "cumulative effect" means the impact that results from
38.29incremental impact of the proposed rule in addition to other rules, regardless of what
38.30state or federal agency has adopted the other rules. Cumulative effects can result from
38.31individually minor but collectively significant rules adopted over a period of time.
38.32
new text begin The statement must describe, with reasonable particularity, the scientific, technical, new text end
38.33
new text begin economic, or other information and rationale that supports the proposed rule.new text end
38.34The statement must also describe the agency's efforts to provide additional
38.35notification under section
14.14, subdivision 1a, to persons or classes of persons who may
38.36be affected by the proposed rule or must explain why these efforts were not made.
39.1The agency must consult with the commissioner of management and budget to
39.2help evaluate the fiscal impact and fiscal benefits of the proposed rule on units of local
39.3government. The agency must send a copy of the statement of need and reasonableness
39.4to the Legislative Reference Library when the notice of hearing is mailed under section
39.514.14, subdivision 1a
.
39.6 Sec. 20. Minnesota Statutes 2014, section 14.388, subdivision 2, is amended to read:
39.7 Subd. 2.
Notice. An agency proposing to adopt, amend, or repeal a rule under this
39.8section must give
new text begin notice to the chairs and ranking minority members of the legislative new text end
39.9
new text begin policy and budget committees with jurisdiction over the subject matter of the proposed new text end
39.10
new text begin rules and to the Legislative Coordinating Commission, must givenew text end electronic notice of its
39.11intent in accordance with section
16E.07, subdivision 3, and
new text begin must give new text end notice by United
39.12States mail or electronic mail to persons who have registered their names with the agency
39.13under section
14.14, subdivision 1a. The notice must be given no later than the date the
39.14agency submits the proposed rule to the Office of Administrative Hearings for review
39.15of its legality and must include:
39.16(1) the proposed rule, amendment, or repeal;
39.17(2) an explanation of why the rule meets the requirements of the good cause
39.18exemption under subdivision 1; and
39.19(3) a statement that interested parties have five business days after the date of the
39.20notice to submit comments to the Office of Administrative Hearings.
39.21 Sec. 21. Minnesota Statutes 2014, section 14.389, subdivision 2, is amended to read:
39.22 Subd. 2.
Notice and comment. The agency must publish notice of the proposed
39.23rule in the State Register and
new text begin ,new text end must mail the notice by United States mail or electronic
39.24mail to persons who have registered with the agency to receive mailed notices
new text begin , and must new text end
39.25
new text begin give notice to the chairs and ranking minority members of the legislative policy and new text end
39.26
new text begin budget committees with jurisdiction over the subject matter of the proposed rules and to new text end
39.27
new text begin the Legislative Coordinating Commissionnew text end . The mailed notice
new text begin and the notice to legislators new text end
39.28must include either a copy of the proposed rule or a description of the nature and effect
39.29of the proposed rule and a statement that a free copy is available from the agency upon
39.30request. The notice in the State Register must include the proposed rule or the amended
39.31rule in the form required by the revisor under section
14.07, an easily readable and
39.32understandable summary of the overall nature and effect of the proposed rule, and a
39.33citation to the most specific statutory authority for the rule, including authority for the
40.1rule to be adopted under the process in this section. The agency must allow 30 days after
40.2publication in the State Register for comment on the rule.
40.3 Sec. 22. Minnesota Statutes 2014, section 14.44, is amended to read:
40.4
14.44 DETERMINATION OF VALIDITY OF RULE.
40.5
new text begin (a) new text end The validity of any rule
new text begin , or the validity of any agency policy, guideline, bulletin, new text end
40.6
new text begin criterion, manual standard, or similar pronouncement that the petitioner believes is a new text end
40.7
new text begin rule as defined in section 14.02, subdivision 4,new text end may be determined upon the petition
40.8for a declaratory judgment thereon, addressed to the Court of Appeals, when it appears
40.9that the rule
new text begin or pronouncementnew text end , or its threatened application, interferes with or impairs,
40.10or threatens to interfere with or impair the legal rights or privileges of the petitioner.
40.11The agency shall be made a party to the proceeding. The declaratory judgment may be
40.12rendered whether or not the petitioner has first requested the agency to pass upon the
40.13validity of the rule in question,
new text begin whether or not the petitioner has petitioned the Office new text end
40.14
new text begin of Administrative Hearings under section 14.381, new text end and whether or not the agency has
40.15commenced an action against the petitioner to enforce the rule.
40.16
new text begin (b) If the subject of the petition is an agency policy, guideline, bulletin, criterion, new text end
40.17
new text begin manual standard, or similar pronouncement, the agency must cease enforcement of the new text end
40.18
new text begin pronouncement upon filing of the petition until the Court of Appeals rules on the matter. new text end
40.19
new text begin The agency is liable for all costs associated with review of the petition. If the Court of new text end
40.20
new text begin Appeals rules in favor of the agency, the agency may recover all or a portion of the cost new text end
40.21
new text begin from the petitioner unless the petitioner is entitled to proceed in forma pauperis under new text end
40.22
new text begin section 563.01, or the court determines that the petition was brought in good faith or the new text end
40.23
new text begin assessment of the costs would constitute an undue hardship for the petitioner. new text end
40.24 Sec. 23. Minnesota Statutes 2014, section 14.45, is amended to read:
40.25
14.45 RULE DECLARED INVALID.
40.26In proceedings under section
14.44, the court shall declare the rule
new text begin or agency new text end
40.27
new text begin pronouncement new text end invalid if it finds that it violates constitutional provisions or exceeds the
40.28statutory authority of the agency or
new text begin if the rule new text end was adopted
new text begin or the pronouncement was new text end
40.29
new text begin improperly implemented new text end without compliance with statutory rulemaking procedures. Any
40.30party to proceedings under section
14.44, including the agency, may appeal an adverse
40.31decision of the Court of Appeals to the Supreme Court as in other civil cases.
40.32 Sec. 24.
new text begin [15.0145] ETHNIC COUNCILS.new text end
41.1
new text begin Subdivision 1.new text end new text begin Three ethnic councils; creation.new text end new text begin (a) The Minnesota Council on new text end
41.2
new text begin Latino Affairs includes public members with an ethnic heritage from Mexico, any of the new text end
41.3
new text begin countries in Central or South America, Cuba, the Dominican Republic, or Puerto Rico. new text end
41.4
new text begin (b) The Minnesota African Heritage Council includes public members of black new text end
41.5
new text begin African ancestry.new text end
41.6
new text begin (c) The Council on Asian-Pacific Minnesotans includes public members with an new text end
41.7
new text begin ethnic heritage from any of the countries east of, and including, Afghanistan or the new text end
41.8
new text begin Pacific Islands.new text end
41.9
new text begin Subd. 2.new text end new text begin Membership.new text end new text begin (a) Each council has 15 voting members. Eleven members new text end
41.10
new text begin of each council are public members appointed by the governor. Four members of each new text end
41.11
new text begin council are legislators.new text end
41.12
new text begin (b) The governor shall appoint 11 members of each council as follows:new text end
41.13
new text begin (1) the Minnesota Council on Latino Affairs must include one member representing new text end
41.14
new text begin each of the state's congressional districts and three members appointed at-large. The new text end
41.15
new text begin governor must attempt to ensure that the demographic composition of council members new text end
41.16
new text begin accurately reflects the demographic composition of Minnesota's Latino community, new text end
41.17
new text begin including recent immigrants, as determined by the state demographer;new text end
41.18
new text begin (2) the Minnesota African Heritage Council must include members who are new text end
41.19
new text begin broadly representative of the African heritage community of the state. The council must new text end
41.20
new text begin include at least five females. At least three members must be first or second generation new text end
41.21
new text begin African immigrants, who generally reflect the demographic composition of these African new text end
41.22
new text begin immigrants, as determined by the state demographer; andnew text end
41.23
new text begin (3) the Council on Asian-Pacific Minnesotans must include one member from each new text end
41.24
new text begin of the five ancestries with the state's highest percentages of Asian-Pacific populations, new text end
41.25
new text begin as determined by the state demographer. The other six members must be broadly new text end
41.26
new text begin representative of the rest of the Asian-Pacific population, with no more than one council new text end
41.27
new text begin member from any one ancestry. For purposes of this clause, ancestry refers to heritage that new text end
41.28
new text begin is commonly accepted in Minnesota as a unique population.new text end
41.29
new text begin (c) Four legislators are voting members of each council. The speaker of the house new text end
41.30
new text begin and the house minority leader shall each appoint one member to each council. The new text end
41.31
new text begin Subcommittee on Committees of the senate Committee on Rules and Administration shall new text end
41.32
new text begin appoint one member of the majority caucus and one member of the minority caucus to new text end
41.33
new text begin each council.new text end
41.34
new text begin (d) The governor may appoint a commissioner of a state agency or a designee of that new text end
41.35
new text begin commissioner to serve as an ex-officio, nonvoting member of a council.new text end
42.1
new text begin Subd. 3.new text end new text begin Appointments; terms; removal.new text end new text begin (a) In making appointments to a council, new text end
42.2
new text begin the governor shall consider an appointee's proven dedication and commitment to the new text end
42.3
new text begin council's community and any expertise possessed by the appointee that might be beneficial new text end
42.4
new text begin to the council, such as experience in public policy, legal affairs, social work, business, new text end
42.5
new text begin or management. The executive director of a council and legislative members may offer new text end
42.6
new text begin advice to the governor on applicants seeking appointment.new text end
42.7
new text begin (b) Terms, compensation, and filling of vacancies for members appointed by the new text end
42.8
new text begin governor are as provided in section 15.059. Removal of members appointed by the new text end
42.9
new text begin governor is governed by section 15.059, except that: (1) a member who missed more than new text end
42.10
new text begin half of the council meetings convened during a 12-month period automatically is removed new text end
42.11
new text begin from the council; and (2) a member appointed by the governor may be removed by a vote new text end
42.12
new text begin of three of the four legislative members of the council. The chair of a council shall inform new text end
42.13
new text begin the governor of the need for the governor to fill a vacancy on the council. Legislative new text end
42.14
new text begin members serve at the pleasure of their appointing authority.new text end
42.15
new text begin (c) A member appointed by the governor may serve no more than a total of eight new text end
42.16
new text begin years on a council. A legislator may serve no more than eight consecutive years or 12 new text end
42.17
new text begin nonconsecutive years on any one council.new text end
42.18
new text begin Subd. 4.new text end new text begin Training; executive committee; meetings; support.new text end new text begin (a) A member new text end
42.19
new text begin appointed by the governor must attend orientation training within the first six months of new text end
42.20
new text begin service for each term. The commissioner of administration must arrange for the training new text end
42.21
new text begin to include but not be limited to the legislative process, government data practices, open new text end
42.22
new text begin meeting law, Robert's Rules of Order, fiscal management, and human resources. The new text end
42.23
new text begin governor must remove a member who does not complete the training.new text end
42.24
new text begin (b) Each council shall annually elect from among the members appointed by the new text end
42.25
new text begin governor a chair and other officers it deems necessary. These officers and one legislative new text end
42.26
new text begin member selected by the council shall serve as the executive committee of the council.new text end
42.27
new text begin (c) Forty percent of voting members of a council constitutes a quorum. A quorum is new text end
42.28
new text begin required to conduct council business. A council member may not vote on any action if the new text end
42.29
new text begin member has a conflict of interest under section 10A.07.new text end
42.30
new text begin (d) Each council shall receive administrative support from the commissioner of new text end
42.31
new text begin administration under section 16B.371.new text end
42.32
new text begin Subd. 5.new text end new text begin Executive director; staff.new text end new text begin (a) The Legislative Coordinating Commission new text end
42.33
new text begin must appoint an executive director for each council. The executive director must be new text end
42.34
new text begin experienced in administrative activities and familiar with the challenges and needs of new text end
42.35
new text begin the ethnic council's larger community. The executive director serves in the unclassified new text end
42.36
new text begin service at the pleasure of the Legislative Coordinating Commission.new text end
43.1
new text begin (b) The Legislative Coordinating Commission must establish a process for recruiting new text end
43.2
new text begin and selecting applicants for the executive director positions. This process must include new text end
43.3
new text begin consultation and collaboration with the applicable council.new text end
43.4
new text begin (c) The executive director and applicable council members must work together in new text end
43.5
new text begin fulfilling council duties. The executive director must consult with the commissioners of new text end
43.6
new text begin administration and management and budget to ensure appropriate financial, purchasing, new text end
43.7
new text begin human resources, and other services for operation of the council. The executive director new text end
43.8
new text begin must appoint and supervise the work of other staff necessary to carry out the duties of the new text end
43.9
new text begin council. The executive director and other council staff are executive branch employees.new text end
43.10
new text begin Subd. 6.new text end new text begin Duties of council.new text end new text begin (a) A council must work for the implementation new text end
43.11
new text begin of economic, social, legal, and political equality for its constituency. The council shall new text end
43.12
new text begin work with the legislature and governor to carry out this work by performing the duties new text end
43.13
new text begin in this section.new text end
43.14
new text begin (b) A council shall advise the governor and the legislature on issues confronting the new text end
43.15
new text begin constituency of the council. This may include, but is not limited to, presenting the results new text end
43.16
new text begin of surveys, studies, and community forums to the appropriate executive departments new text end
43.17
new text begin and legislative committees.new text end
43.18
new text begin (c) A council shall advise the governor and the legislature of administrative new text end
43.19
new text begin and legislative changes needed to improve the economic and social condition of the new text end
43.20
new text begin constituency of the council. This may include but is not limited to working with legislators new text end
43.21
new text begin to develop politically feasible legislation to address these issues and to work for passage new text end
43.22
new text begin of the legislation. This may also include making recommendations regarding the state's new text end
43.23
new text begin affirmative action program and the state's targeted group small business program, or new text end
43.24
new text begin working with state agencies and organizations to develop business opportunities and new text end
43.25
new text begin promote economic development for the constituency of the council.new text end
43.26
new text begin (d) A council shall advise the governor and the legislature of the implications new text end
43.27
new text begin and effect of proposed administrative and legislative changes on the constituency of new text end
43.28
new text begin the council. This may include but is not limited to tracking legislation, testifying as new text end
43.29
new text begin appropriate, and meeting with executive departments and legislators.new text end
43.30
new text begin (e) A council shall serve as a liaison between state government and organizations that new text end
43.31
new text begin serve the constituency of the council. This may include but is not limited to working with new text end
43.32
new text begin these organizations to carry out the duties in paragraphs (a) to (d), and working with these new text end
43.33
new text begin organizations to develop informational programs or publications to involve and empower new text end
43.34
new text begin the constituency in seeking improvement in their economic and social conditions.new text end
43.35
new text begin (f) A council shall perform or contract for the performance of studies designed new text end
43.36
new text begin to suggest solutions to the problems of the constituency of the council in the areas of new text end
44.1
new text begin education, employment, human rights, health, housing, social welfare, and other related new text end
44.2
new text begin areas.new text end
44.3
new text begin (g) In carrying out duties under this subdivision, councils may act to advise on issues new text end
44.4
new text begin that affect the shared constituencies of more than one council.new text end
44.5
new text begin Subd. 7.new text end new text begin Duties of council members.new text end new text begin A council member shall:new text end
44.6
new text begin (1) attend and participate in scheduled meetings and be prepared by reviewing new text end
44.7
new text begin meeting notes;new text end
44.8
new text begin (2) maintain and build communication with the community represented;new text end
44.9
new text begin (3) collaborate with the council and executive director in carrying out the council's new text end
44.10
new text begin duties; andnew text end
44.11
new text begin (4) participate in activities the council or executive director deem appropriate and new text end
44.12
new text begin necessary to facilitate the goals and duties of the council.new text end
44.13
new text begin Subd. 8.new text end new text begin Reports.new text end new text begin A council must report on the measurable outcomes achieved in new text end
44.14
new text begin the council's current strategic plan to meet its statutory duties, along with the specific new text end
44.15
new text begin objectives and outcome measures proposed for the following year. The council must new text end
44.16
new text begin submit the report by January 15 each year to the chairs of the committees in the house of new text end
44.17
new text begin representatives and the senate with primary jurisdiction over state government operations. new text end
44.18
new text begin Each report must cover the calendar year of the year before the report is submitted. The new text end
44.19
new text begin specific objectives and outcome measures for the following current year must focus on new text end
44.20
new text begin three or four achievable objectives, action steps, and measurable outcomes for which new text end
44.21
new text begin the council will be held accountable. The strategic plan may include other items that new text end
44.22
new text begin support the statutory purposes of the council but should not distract from the primary new text end
44.23
new text begin statutory proposals presented. The funding request of each council, after approval by the new text end
44.24
new text begin Legislative Coordinating Commission, must also be presented by February 1 in each new text end
44.25
new text begin odd-numbered year.new text end
44.26 Sec. 25.
new text begin [16A.0565] CENTRALIZED TRACKING LIST OF AGENCY new text end
44.27
new text begin PROJECTS.new text end
44.28
new text begin Subdivision 1.new text end new text begin Centralized tracking.new text end new text begin The commissioner must maintain a new text end
44.29
new text begin centralized tracking list of new agency projects estimated to cost more than $100,000 that new text end
44.30
new text begin are paid for from the general fund.new text end
44.31
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 new text end
44.32
new text begin project" means:new text end
44.33
new text begin (1) any new agency program or activity with more than $100,000 in funding from new text end
44.34
new text begin the general fund; andnew text end
45.1
new text begin (2) any pre-existing agency program or activity with an increase of $100,000 or new text end
45.2
new text begin more above the base level in general fund support. new text end
45.3
new text begin (b) For purposes of this section, a new agency project does not include:new text end
45.4
new text begin (i) general aid programs for units of local government, or entitlement programs new text end
45.5
new text begin providing assistance to individuals; ornew text end
45.6
new text begin (ii) a new program or activity or increase in a program or activity that is mandated new text end
45.7
new text begin by law.new text end
45.8
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 new text end
45.9
new text begin the commissioner must report the following for each new agency project:new text end
45.10
new text begin (1) name of the agency and title of the project;new text end
45.11
new text begin (2) a brief description of the project and its purposes;new text end
45.12
new text begin (3) the extent to which the project has been implemented; andnew text end
45.13
new text begin (4) the amount of money that has been spent on the project.new text end
45.14
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 new text end
45.15
new text begin required by subdivision 3 on the department's Web site. The list shall be maintained in a new text end
45.16
new text begin widely available and common document format such as a spreadsheet, that does not new text end
45.17
new text begin require any new costs to develop. The commissioner must report this information to the new text end
45.18
new text begin chairs of the house of representatives Ways and Means Committee and senate Finance new text end
45.19
new text begin Committee quarterly, and must update the information on the Web site at least quarterly.new text end
45.20 Sec. 26. Minnesota Statutes 2014, section 16A.065, is amended to read:
45.21
16A.065 PREPAY SOFTWARE, SUBSCRIPTIONS, UNITED STATES
45.22
DOCUMENTS.
45.23Notwithstanding section
16A.41, subdivision 1, the commissioner may allow an
45.24agency to make advance deposits or payments for software or software maintenance
45.25services for state-owned or leased electronic data processing equipment,
new text begin for information new text end
45.26
new text begin technology hosting services,new text end for sole source maintenance agreements where it is not
45.27cost-effective to pay in arrears, for exhibit booth space or boat slip rental when required
45.28by the renter to guarantee the availability of space, for registration fees where advance
45.29payment is required or advance payment discount is provided, and for newspaper,
45.30magazine, and other subscription fees customarily paid for in advance. The commissioner
45.31may also allow advance deposits by any department with the Library of Congress and
45.32federal Supervisor of Documents for items to be purchased from those federal agencies.
45.33 Sec. 27. Minnesota Statutes 2014, section 16A.103, is amended by adding a
45.34subdivision to read:
46.1
new text begin Subd. 1h.new text end new text begin Revenue uncertainty information.new text end new text begin The commissioner shall report new text end
46.2
new text begin to the legislature within 14 days of a forecast under subdivision 1 on uncertainty in new text end
46.3
new text begin Minnesota's general fund revenue projections. The report shall present information on: (1) new text end
46.4
new text begin the estimated range of forecast error for revenues and (2) the data and methods used to new text end
46.5
new text begin construct those measurements.new text end
46.6 Sec. 28. Minnesota Statutes 2014, section 16A.11, is amended by adding a subdivision
46.7to read:
46.8
new text begin Subd. 3d.new text end new text begin Consideration of general incentives. new text end new text begin In supplement to, and under the new text end
46.9
new text begin same deadline as, the governor's budget submission under subdivision 3, the commissioner new text end
46.10
new text begin shall submit a report identifying each general incentive for which an evaluation was new text end
46.11
new text begin completed under section 3.9735 in accordance with this section since the governor's new text end
46.12
new text begin previous budget submission. For each evaluated incentive, the commissioner's report shall new text end
46.13
new text begin include a recommendation for whether the incentive should be continued or modified, new text end
46.14
new text begin or whether the state would be better served by using other incentives or strategies to new text end
46.15
new text begin achieve the incentive's goals. The commissioner's report must include the rationale for new text end
46.16
new text begin each recommendation.new text end
46.17 Sec. 29. Minnesota Statutes 2014, section 16A.11, is amended by adding a subdivision
46.18to read:
46.19
new text begin Subd. 3e.new text end new text begin Consideration of best practices for exclusive incentives.new text end new text begin If a new new text end
46.20
new text begin analysis of best practices for exclusive incentives under section 3.9735 has been new text end
46.21
new text begin completed since the governor's previous budget submission, the commissioner's report new text end
46.22
new text begin under subdivision 3d shall include recommendations for when and how Minnesota should new text end
46.23
new text begin offer and manage exclusive incentives in the future and how they should be structured. new text end
46.24
new text begin The commissioner's report must include the rationale for each recommendation.new text end
46.25 Sec. 30. Minnesota Statutes 2014, section 16A.1283, is amended to read:
46.26
16A.1283 LEGISLATIVE APPROVAL REQUIRED FOR FEES.
46.27(a) Notwithstanding any law to the contrary, an executive branch state agency may
46.28not impose a new fee or increase an existing fee unless the new fee or increase is approved
46.29by law.
new text begin An agency must not propose a fee or fine increase of more than ten percent new text end
46.30
new text begin in a biennium over the same fee or fine in law at the start of the same biennium. new text end For
46.31purposes of this section, a fee is any charge for goods, services, regulation, or licensure,
46.32and, notwithstanding paragraph (b), clause (3), includes charges for admission to or for
46.33use of public facilities owned by the state.
47.1(b) This section does not apply to:
47.2(1) charges billed within or between state agencies, or billed to federal agencies;
47.3(2) the Minnesota State Colleges and Universities system;
47.4(3) charges for goods and services provided for the direct and primary use of a
47.5private individual, business, or other entity;
47.6(4) charges that authorize use of state-owned lands and minerals administered by
47.7the commissioner of natural resources by the issuance of leases, easements, cooperative
47.8farming agreements, and land and water crossing licenses and charges for sales of
47.9state-owned lands administered by the commissioner of natural resources; or
47.10(5) state park fees and charges established by commissioner's order.
47.11(c) An executive branch agency may reduce a fee that was set by rule before July
47.121, 2001, without legislative approval. Chapter 14 does not apply to fee reductions under
47.13this paragraph.
47.14
new text begin EFFECTIVE DATE.new text end new text begin This section is effective August 1, 2016.new text end
47.15 Sec. 31. Minnesota Statutes 2014, section 16B.24, is amended by adding a subdivision
47.16to read:
47.17
new text begin Subd. 12.new text end new text begin State band.new text end new text begin The commissioner must provide free rehearsal and storage new text end
47.18
new text begin space in the same building in the Capitol Area to an entity known as the Minnesota new text end
47.19
new text begin State Band, which is a tax exempt organization under section 501(c)(3) of the Internal new text end
47.20
new text begin Revenue Code.new text end
47.21
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
47.22 Sec. 32. Minnesota Statutes 2014, section 16B.335, subdivision 1, is amended to read:
47.23 Subdivision 1.
Construction and major remodeling. (a) The commissioner, or
47.24any other recipient to whom an appropriation is made to acquire or better public lands
47.25or buildings or other public improvements of a capital nature, must not prepare final
47.26plans and specifications for any construction, major remodeling, or land acquisition in
47.27anticipation of which the appropriation was made until the agency that will use the
47.28project has presented the program plan and cost estimates for all elements necessary to
47.29complete the project to the chair of the senate Finance Committee and the chair of the
47.30house of representatives Ways and Means Committee and the chairs have made their
47.31recommendations, and the chair and ranking minority member of the senate Capital
47.32Investment Committee and the chair and ranking minority member of the house of
47.33representatives Capital Investment Committee are notified. "Construction or major
48.1remodeling" means construction of a new building, a substantial addition to an existing
48.2building, or a substantial change to the interior configuration of an existing building. The
48.3presentation must note any significant changes in the work that will be done, or in its cost,
48.4since the appropriation for the project was enacted or from the predesign submittal. The
48.5program plans and estimates must be presented for review at least two weeks before a
48.6recommendation is needed. The recommendations are advisory only. Failure or refusal to
48.7make a recommendation is considered a negative recommendation.
48.8
new text begin (b) new text end The chairs and ranking minority members of the senate Finance and Capital
48.9Investment Committees and
new text begin ,new text end the house of representatives Capital Investment and Ways
48.10and Means Committees
new text begin , and the house of representatives and senate budget committees or new text end
48.11
new text begin divisions with jurisdiction over the agency that will use the projectnew text end must also be notified
48.12whenever there is a substantial change in a construction or major remodeling project, or in
48.13its cost.
new text begin This notice must include the nature and reason for the change, and the anticipated new text end
48.14
new text begin cost of the change. The notice must be given no later than 10 days after signing a change new text end
48.15
new text begin order or other document authorizing a change in the project, or if there is not a change new text end
48.16
new text begin order or other document, no later than 10 days after the project owner becomes aware of a new text end
48.17
new text begin substantial change in the project or its cost.new text end
48.18(b)
new text begin (c)new text end Capital projects exempt from the requirements of this subdivision
new text begin in new text end
48.19
new text begin paragraph (a) to seek recommendations before preparing final plans and specifications new text end
48.20include demolition or decommissioning of state assets, hazardous material projects, utility
48.21infrastructure projects, environmental testing, parking lots, parking structures, park and
48.22ride facilities, bus rapid transit stations, light rail lines, passenger rail projects, exterior
48.23lighting, fencing, highway rest areas, truck stations, storage facilities not consisting
48.24primarily of offices or heated work areas, roads, bridges, trails, pathways, campgrounds,
48.25athletic fields, dams, floodwater retention systems, water access sites, harbors, sewer
48.26separation projects, water and wastewater facilities, port development projects for which
48.27the commissioner of transportation has entered into an assistance agreement under section
48.28457A.04
, ice centers, a local government project with a construction cost of less than
48.29$1,500,000, or any other capital project with a construction cost of less than $750,000.
48.30
new text begin The requirements in paragraph (b) to give notice of changes applies to these projects.new text end
48.31 Sec. 33. Minnesota Statutes 2014, section 16B.371, is amended to read:
48.32
16B.371 ASSISTANCE TO SMALL AGENCIES.
48.33(a) The commissioner may
new text begin mustnew text end provide administrative support services to
new text begin a new text end small
48.34agencies
new text begin agency requesting these servicesnew text end . To promote efficiency and cost-effective use
48.35of state resources, and to improve financial controls, the commissioner may require
49.1a small agency to receive administrative support services through the Department of
49.2Administration or through another agency designated by the commissioner. Services
49.3subject to this section include finance, accounting, payroll, purchasing, human resources,
49.4and other services designated by the commissioner. The commissioner may determine
49.5what constitutes a small agency for purposes of this section. The commissioner, in
49.6consultation with the commissioner of management and budget and small agencies, shall
49.7evaluate small agencies' needs for administrative support services. If the commissioner
49.8provides administrative support services to a small agency, the commissioner must enter
49.9into a service level agreement with the agency, specifying the services to be provided and
49.10the costs and anticipated outcomes of the services.
49.11(b) The Chicano Latino Affairs Council, the Council on Black Minnesotans, the
49.12Council on Asian-Pacific Minnesotans, the Indian Affairs Council, and the Minnesota
49.13State Council on Disability must use the services specified in paragraph (a).
49.14 (c) The commissioner of administration may assess agencies for services it provides
49.15under this section. The amounts assessed are appropriated to the commissioner.
49.16(d) For agencies covered in this section, the commissioner has the authority to require
49.17the agency to comply with applicable state finance, accounting, payroll, purchasing, and
49.18human resources policies. The agencies served retain the ownership and responsibility for
49.19spending decisions and for ongoing implementation of appropriate business operations.
49.20 Sec. 34.
new text begin [16B.4805] ACCOMMODATION REIMBURSEMENT.new text end
49.21
new text begin Subdivision 1.new text end new text begin Definitions.new text end new text begin (a) "Reasonable accommodation" as used in this section new text end
49.22
new text begin has the meaning given in section 363A.08.new text end
49.23
new text begin (b) "State agency" as used in this section has the meaning given in section 16A.011, new text end
49.24
new text begin subdivision 12. new text end
49.25
new text begin (c) "Reasonable accommodations eligible for reimbursement" as used in this section new text end
49.26
new text begin means: new text end
49.27
new text begin (1) reasonable accommodations provided to applicants for employment; new text end
49.28
new text begin (2) reasonable accommodations for employees for services that will need to be new text end
49.29
new text begin provided on a periodic or ongoing basis; or new text end
49.30
new text begin (3) reasonable accommodations that involve onetime expenses that total more than new text end
49.31
new text begin $1,000 for an employee in a fiscal year.new text end
49.32
new text begin Subd. 2.new text end new text begin Reimbursement for making reasonable accommodation.new text end new text begin The new text end
49.33
new text begin commissioner of administration shall reimburse state agencies for expenses incurred in new text end
49.34
new text begin making reasonable accommodations eligible for reimbursement for agency employees and new text end
50.1
new text begin applicants for employment to the extent that funds are available in the accommodation new text end
50.2
new text begin account established under subdivision 3 for this purpose.new text end
50.3
new text begin Subd. 3.new text end new text begin Accommodation account established.new text end new text begin The accommodation account new text end
50.4
new text begin is created as an account in the special revenue fund for reimbursing state agencies for new text end
50.5
new text begin expenses incurred in providing reasonable accommodations eligible for reimbursement for new text end
50.6
new text begin agency employees and applicants for agency employment.new text end
50.7
new text begin Subd. 4.new text end new text begin Administration costs.new text end new text begin The commissioner may use up to 15 percent of the new text end
50.8
new text begin biennial appropriation for administration of this section.new text end
50.9
new text begin Subd. 5.new text end new text begin Notification.new text end new text begin By August 1, 2015, or within 30 days of final enactment, new text end
50.10
new text begin whichever is later, and each year thereafter by June 30, the commissioner of administration new text end
50.11
new text begin must notify state agencies that reimbursement for expenses incurred to make reasonable new text end
50.12
new text begin accommodations eligible for reimbursement for agency employees and applicants for new text end
50.13
new text begin agency employment is available under this section.new text end
50.14
new text begin Subd. 6.new text end new text begin Report.new text end new text begin By January 31 of each year, the commissioner of administration new text end
50.15
new text begin must report to the chairs and ranking minority members of the house of representatives new text end
50.16
new text begin and the senate committees with jurisdiction over state government finance on the use of new text end
50.17
new text begin the central accommodation fund during the prior calendar year. The report must include: new text end
50.18
new text begin (1) the number and type of accommodations requested; new text end
50.19
new text begin (2) the cost of accommodations requested; new text end
50.20
new text begin (3) the state agencies from which the requests were made; new text end
50.21
new text begin (4) the number of requests made for employees and the number of requests for new text end
50.22
new text begin applicants for employment; new text end
50.23
new text begin (5) the number and type of accommodations that were not provided; new text end
50.24
new text begin (6) any remaining balance left in the fund; new text end
50.25
new text begin (7) if the fund was depleted, the date on which funds were exhausted and the new text end
50.26
new text begin number, type, and cost of accommodations that were not reimbursed to state agencies; and new text end
50.27
new text begin (8) a description of how the fund was promoted to state agencies.new text end
50.28
new text begin Subd. 7.new text end new text begin Funding.new text end new text begin The commissioner of management and budget must determine new text end
50.29
new text begin the amount of money to be deposited in the accommodation account each fiscal year. new text end
50.30
new text begin The commissioner must require each executive agency to make payments into the new text end
50.31
new text begin account from amounts appropriated for agency operations. The commissioner must new text end
50.32
new text begin implement policies and procedures to divide this amount among executive agencies. If new text end
50.33
new text begin the commissioner determines that it is not practical for an agency to make payments new text end
50.34
new text begin into a central account due to legal restrictions on use of the agency's appropriations, new text end
50.35
new text begin the commissioner shall require the agency to set aside money within its own operating new text end
51.1
new text begin funds, to be used only for purposes of this section. The amounts paid into the account are new text end
51.2
new text begin appropriated to the commissioner of administration for purposes of this section.new text end
51.3
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2015. Reimbursement is new text end
51.4
new text begin available for accommodation expenses incurred after June 30, 2015.new text end
51.5 Sec. 35. Minnesota Statutes 2014, section 16B.97, subdivision 1, is amended to read:
51.6 Subdivision 1.
Grant agreement. (a) A grant agreement is a written instrument or
51.7electronic document defining a legal relationship between a granting agency and a grantee
51.8when the principal purpose of the relationship is to transfer cash or something of value
51.9to the recipient to support a public purpose authorized by law instead of acquiring by
51.10professional or technical contract, purchase, lease, or barter property or services for the
51.11direct benefit or use of the granting agency.
51.12 (b) This section does not apply to capital project grants to political subdivisions as
51.13defined by section
.
51.14 Sec. 36. Minnesota Statutes 2014, section 16B.97, is amended by adding a subdivision
51.15to read:
51.16
new text begin Subd. 6.new text end new text begin Commerce grants.new text end new text begin The office must monitor grants made by the new text end
51.17
new text begin Department of Commerce.new text end
51.18 Sec. 37.
new text begin [16B.991] TERMINATION OF GRANT.new text end
51.19
new text begin Each grant agreement subject to sections 16B.97 and 16B.98 must provide that the new text end
51.20
new text begin agreement will immediately be terminated if:new text end
51.21
new text begin (1) the recipient is convicted of a criminal offense relating to a state grant agreement; new text end
51.22
new text begin ornew text end
51.23
new text begin (2) the agency entering into the grant agreement or the commissioner of new text end
51.24
new text begin administration determines that the grant recipient is under investigation by a federal new text end
51.25
new text begin agency, a state agency, or a local law enforcement agency for matters relating to new text end
51.26
new text begin administration of a state grant.new text end
51.27 Sec. 38.
new text begin [16B.992] NO FEES FOR GENERAL FUND GRANT new text end
51.28
new text begin ADMINISTRATION.new text end
51.29
new text begin An agency may not charge a recipient of a grant from the general fund a fee and new text end
51.30
new text begin may not deduct money from the grant to pay administrative expenses incurred by the new text end
51.31
new text begin agency in administering the grant.new text end
52.1 Sec. 39. Minnesota Statutes 2014, section 16C.03, subdivision 16, is amended to read:
52.2 Subd. 16.
Delegation of duties. new text begin (a) new text end The commissioner may delegate duties imposed
52.3by this chapter to the head of an agency and to any subordinate of the agency head.
new text begin At new text end
52.4
new text begin least once every three years the commissioner must audit use of authority under this new text end
52.5
new text begin chapter by each employee whom the commissioner has delegated duties.new text end
52.6
new text begin (b) The commissioner must develop guidelines for agencies and employees to whom new text end
52.7
new text begin authority is delegated under this chapter that protect state legal interests. These guidelines new text end
52.8
new text begin may provide for review by the commissioner when a specific contract has potential to put new text end
52.9
new text begin the state's legal interests at risk.new text end
52.10 Sec. 40. Minnesota Statutes 2014, section 16C.16, subdivision 6a, is amended to read:
52.11 Subd. 6a.
Veteran-owned small businesses. (a) Except when mandated by the
52.12federal government as a condition of receiving federal funds, the commissioner shall
52.13award up to a six percent preference, but no less than the percentage awarded to any
52.14other group under this section, in the amount bid on state procurement to certified small
52.15businesses that are majority-owned and operated by veterans.
52.16(b) The purpose of this designation is to facilitate the transition of veterans from
52.17military to civilian life, and to help compensate veterans for their sacrifices, including but
52.18not limited to their sacrifice of health and time, to the state and nation during their military
52.19service, as well as to enhance economic development within Minnesota.
52.20
new text begin (c) Before the commissioner certifies that a small business is majority-owned and new text end
52.21
new text begin operated by a veteran, the commissioner of veterans affairs must verify that the owner of new text end
52.22
new text begin the small business is a veteran, as defined in section 197.447.new text end
52.23 Sec. 41. Minnesota Statutes 2014, section 16C.19, is amended to read:
52.24
16C.19 ELIGIBILITY; RULES.
52.25(a) A small business wishing to participate in the programs under section
16C.16,
52.26subdivisions 4 to 7, must be certified by the commissioner. The commissioner shall adopt
52.27by rule standards and procedures for certifying that small targeted group businesses,
52.28small businesses located in economically disadvantaged areas, and veteran-owned small
52.29businesses are eligible to participate under the requirements of sections
16C.16 to
16C.21.
52.30The commissioner shall adopt by rule standards and procedures for hearing appeals and
52.31grievances and other rules necessary to carry out the duties set forth in sections
16C.16
52.32to
16C.21.
53.1(b) The commissioner may make rules which exclude or limit the participation of
53.2nonmanufacturing business, including third-party lessors, brokers, franchises, jobbers,
53.3manufacturers' representatives, and others from eligibility under sections
16C.16 to
16C.21.
53.4(c) The commissioner may make rules that set time limits and other eligibility limits
53.5on business participation in programs under sections
16C.16 to
16C.21.
53.6(d) Notwithstanding paragraph (c)
new text begin (a)new text end , for purposes of sections
16C.16 to
16C.21, a
53.7veteran-owned small business, the principal place of business of which is in Minnesota,
53.8is certified if
new text begin :new text end
53.9
new text begin (1)new text end it has been verified by the United States Department of Veterans Affairs as
53.10being either a veteran-owned small business or a service-disabled veteran-owned small
53.11business, in accordance with Public Law 109-461 and Code of Federal Regulations, title
53.1238, part 74.
new text begin ; ornew text end
53.13
new text begin (2) the veteran-owned small business supplies the commissioner with proof that the new text end
53.14
new text begin small business is majority-owned and operated by:new text end
53.15
new text begin (i) a veteran as defined in section 197.447; ornew text end
53.16
new text begin (ii) a veteran with a service-connected disability, as determined at any time by the new text end
53.17
new text begin United States Department of Veterans Affairs.new text end
53.18(e) Until rules are adopted pursuant to paragraph (a) for the purpose of certifying
53.19veteran-owned small businesses, the provisions of Minnesota Rules, part 1230.1700, may
53.20be read to include veteran-owned small businesses. In addition to the documentation
53.21required in Minnesota Rules, part 1230.1700, the veteran owner must have been
53.22discharged under honorable conditions from active service, as indicated by the veteran
53.23owner's most current United States Department of Defense form DD-214.
53.24
new text begin (f) Notwithstanding paragraph (a), for purposes of sections 16C.16 to 16C.21, a new text end
53.25
new text begin minority- or woman-owned small business, the principal place of business of which is new text end
53.26
new text begin in Minnesota, is certified if it has been certified by the Minnesota unified certification new text end
53.27
new text begin program under the provisions of Code of Federal Regulations, title 49, part 26.new text end
53.28 Sec. 42. Minnesota Statutes 2014, section 16E.01, is amended to read:
53.29
16E.01 OFFICE OF MN.IT SERVICES.
53.30 Subdivision 1.
Creation; chief information officer. The Office of MN.IT Services,
53.31referred to in this chapter as the "office," is an agency in the executive branch headed by
53.32a commissioner, who also is the state chief information officer. The appointment of the
53.33commissioner is subject to the advice and consent of the senate under section
15.066.
53.34 Subd. 1a.
Responsibilities. The office shall provide oversight, leadership, and
53.35direction for information and telecommunications technology policy and the management,
54.1delivery, accessibility, and security of information and telecommunications technology
54.2systems and services in Minnesota
new text begin the executive branch of state governmentnew text end . The office
54.3shall manage strategic investments in information and telecommunications technology
54.4systems and services to encourage the development of a technically literate society, to
54.5ensure sufficient access to and efficient delivery of accessible
new text begin state new text end government services,
54.6and to maximize benefits for the state government as an enterprise.
54.7 Subd. 2.
Discretionary powers. The office may:
54.8(1) enter into contracts for goods or services with public or private organizations
54.9and charge fees for services it provides;
54.10(2) apply for, receive, and expend money from public agencies;
54.11(3) apply for, accept, and disburse grants and other aids from the federal government
54.12and other public or private sources;
54.13(4) enter into contracts with agencies of the federal government, local governmental
54.14units, the University of Minnesota and other educational institutions, and private persons
54.15and other nongovernmental organizations as necessary to perform its statutory duties;
54.16(5) sponsor and conduct conferences and studies, collect and disseminate information,
54.17and issue reports relating to information and communications technology issues;
new text begin andnew text end
54.18(6) review the technology infrastructure of regions of the state and cooperate with
54.19and make recommendations to the governor, legislature, state agencies, local governments,
54.20local technology development agencies, the federal government, private businesses,
54.21and individuals for the realization of information and communications technology
54.22infrastructure development potential;
54.23(7) sponsor, support, and facilitate innovative and collaborative economic and
54.24community development and government services projects, including technology
54.25initiatives related to culture and the arts, with public and private organizations; and
54.26(8)
new text begin (6)new text end review and recommend alternative sourcing strategies for state information
54.27and communications systems.
54.28 Subd. 3.
Duties. (a) The office shall:
54.29 (1) manage the efficient and effective use of available federal, state, local, and
54.30public-private resources to develop statewide information and telecommunications
54.31technology systems and services and its infrastructure;
54.32 (2) approve state agency and intergovernmental information and telecommunications
54.33technology systems and services development efforts involving state or intergovernmental
54.34funding, including federal funding, provide information to the legislature regarding
54.35projects reviewed, and recommend projects for inclusion in the governor's budget under
54.36section
16A.11;
55.1 (3) ensure cooperation and collaboration among state and local governments in
55.2developing intergovernmental information and telecommunications technology systems
55.3and services, and define the structure and responsibilities of a representative governance
55.4structure;
55.5 (4) cooperate and collaborate with the legislative and judicial branches in the
55.6development of information and communications systems in those branches;
55.7 (5) continue the development of North Star, the state's official comprehensive online
55.8service and information initiative;
55.9 (6) promote and collaborate with the state's agencies in the state's transition to an
55.10effectively competitive telecommunications market;
55.11 (7) collaborate with entities carrying out education and lifelong learning initiatives
55.12to assist Minnesotans in developing technical literacy and obtaining access to ongoing
55.13learning resources;
55.14 (8)
new text begin (7)new text end promote and coordinate public information access and network initiatives,
55.15consistent with chapter 13, to connect Minnesota's citizens and communities to each
55.16other, to their governments, and to the world;
55.17 (9)
new text begin (8)new text end promote and coordinate electronic commerce initiatives to ensure that
55.18Minnesota businesses and citizens can successfully compete in the global economy;
55.19 (10)
new text begin (9)new text end manage and promote the regular and periodic reinvestment in the information
55.20and telecommunications technology systems and services infrastructure so that state and
55.21local government agencies can effectively and efficiently serve their customers;
55.22 (11)
new text begin (10)new text end facilitate the cooperative development of and ensure compliance with
55.23standards and policies for information and telecommunications technology systems
55.24and services, electronic data practices and privacy, and electronic commerce among
55.25international, national, state, and local public and private organizations;
55.26 (12)
new text begin (11)new text end eliminate unnecessary duplication of existing information and
55.27telecommunications technology systems and services provided by state agencies;
55.28 (13)
new text begin (12)new text end identify, sponsor, develop, and execute shared information and
55.29telecommunications technology projects and ongoing operations;
55.30 (14)
new text begin (13)new text end ensure overall security of the state's information and technology systems
55.31and services; and
55.32(15)
new text begin (14)new text end manage and direct compliance with accessibility standards for informational
55.33technology, including hardware, software, Web sites, online forms, and online surveys.
55.34 (b) The chief information officer, in consultation with the commissioner of
55.35management and budget, must determine when it is cost-effective for agencies to develop
55.36and use shared information and telecommunications technology systems and services for
56.1the delivery of electronic government services. The chief information officer may require
56.2agencies to use shared information and telecommunications technology systems and
56.3services. The chief information officer shall establish reimbursement rates in cooperation
56.4with the commissioner of management and budget to be billed to agencies and other
56.5governmental entities sufficient to cover the actual development, operating, maintenance,
56.6and administrative costs of the shared systems. The methodology for billing may include
56.7the use of interagency agreements, or other means as allowed by law.
56.8 (c) A state agency that has an information and telecommunications technology
56.9project with a total expected project cost of more than $1,000,000
new text begin $100,000new text end , whether
56.10funded as part of the biennial budget or by any other means, shall register with the office
56.11by submitting basic project startup documentation, as specified by the chief information
56.12officer in both format and content, before any project funding is requested or committed
56.13and before the project commences. State agency project leaders must demonstrate that
56.14the project will be properly managed, provide updates to the project documentation
56.15as changes are proposed, and regularly report on the current status of the project on a
56.16schedule agreed to with the chief information officer.
56.17 (d) The chief information officer shall monitor progress on any active information
56.18and telecommunications technology project with a total expected project cost of more than
56.19$5,000,000 and report on the performance of the project in comparison with the plans for
56.20the project in terms of time, scope, and budget. The chief information officer may conduct
56.21an independent project audit of the project. The audit analysis and evaluation of the
56.22projects subject to paragraph (c) must be presented to agency executive sponsors, the
56.23project governance bodies, and the chief information officer. All reports and responses
56.24must become part of the project record.
new text begin The chief information officer must prepare a new text end
56.25
new text begin monthly progress report for each active information and telecommunications technology new text end
56.26
new text begin project over $1,000,000. The report must be provided to the technology advisory council new text end
56.27
new text begin and must be available on the office's Web site.new text end
56.28 (e) For any active information and telecommunications technology project with a
56.29total expected project cost of more than $10,000,000, the state agency must perform an
56.30annual independent audit that conforms to published project audit principles promulgated
56.31by the office.
56.32 (f) The chief information officer shall report by January 15 of each year to the
56.33chairs and ranking minority members of the legislative committees and divisions with
56.34jurisdiction over the office regarding projects the office has reviewed under paragraph (a),
56.35clause (13). The report must include the reasons for the determinations made in the review
56.36of each project and a description of its current status.
57.1
new text begin Subd. 4.new text end new text begin Limits.new text end new text begin The office may not enter into any new general or project contracts new text end
57.2
new text begin or other agreements to provide services to political subdivisions. The office may continue new text end
57.3
new text begin to collaborate with and enter into agreements with local subdivisions to create information new text end
57.4
new text begin technology infrastructure, provide connectivity, coordinate government-to-government new text end
57.5
new text begin communications, and provide security support. This subdivision does not prevent political new text end
57.6
new text begin subdivisions from purchasing goods or services from outside vendors through state new text end
57.7
new text begin contracts, and does not prevent political subdivisions from accessing geospatial data new text end
57.8
new text begin maintained by the office.new text end
57.9
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2015. The office may not new text end
57.10
new text begin enter into a new contract or other agreement or renew an existing contract or agreement new text end
57.11
new text begin to provide services to political subdivisions in a manner prohibited by subdivision 4 on new text end
57.12
new text begin or after July 1, 2015. The office must end existing contracts and agreements to provide new text end
57.13
new text begin services prohibited by subdivision 4 as soon as this can be done without the office new text end
57.14
new text begin incurring legal liability, and as soon as affected political subdivisions are able to find other new text end
57.15
new text begin sources to provide the services provided by the office.new text end
57.16 Sec. 43. Minnesota Statutes 2014, section 16E.016, is amended to read:
57.17
16E.016 RESPONSIBILITY FOR INFORMATION TECHNOLOGY
57.18
SERVICES AND EQUIPMENT.
57.19(a) The chief information officer is responsible for providing or entering into
57.20managed services contracts for the provision, improvement, and development of the
57.21following information technology systems and services to state agencies:
57.22(1) state data centers;
57.23(2) mainframes including system software;
57.24(3) servers including system software;
57.25(4) desktops including system software;
57.26(5) laptop computers including system software;
57.27(6) a data network including system software;
57.28(7) database, electronic mail, office systems, reporting, and other standard software
57.29tools;
57.30(8) business application software and related technical support services;
57.31(9) help desk for the components listed in clauses (1) to (8);
57.32(10) maintenance, problem resolution, and break-fix for the components listed in
57.33clauses (1) to (8);
58.1(11) regular upgrades and replacement for the components listed in clauses (1)
58.2to (8); and
58.3(12) network-connected output devices.
58.4(b) All state agency employees whose work primarily involves functions specified in
58.5paragraph (a) are employees of the Office of MN.IT Services. This includes employees
58.6who directly perform the functions in paragraph (a), as well as employees whose work
58.7primarily involves managing, supervising, or providing administrative services or support
58.8services to employees who directly perform these functions. The chief information officer
58.9may assign employees of the office to perform work exclusively for another state agency.
58.10(c) Subject to sections
and
, the chief information officer may allow a
58.11state agency to obtain services specified in paragraph (a) through a contract with an outside
58.12vendor when the chief information officer and the agency head agree that a contract would
58.13provide best value, as defined in section
, under the service-level agreement.
new text begin A new text end
58.14
new text begin state agency must enter into a service-level agreement with the chief information officer new text end
58.15
new text begin for provision of services specified in paragraph (a), or must obtain some or all of these new text end
58.16
new text begin services through an outside vendor. Before entering into a service-level agreement or new text end
58.17
new text begin outside vendor contract, an agency must solicit proposals from the office and from at new text end
58.18
new text begin least one outside vendor. If the cost of the proposal from the office is more than six new text end
58.19
new text begin percent higher than the cost of a proposal from an outside vendor, the agency may enter new text end
58.20
new text begin into a contract with an outside vendor, notwithstanding sections 16C.08, subdivision new text end
58.21
new text begin 2, clause (1); 16C.09, paragraph (a), clause (1); and 43A.047. new text end The chief information
58.22officer must require that agency contracts with outside vendors ensure that systems and
58.23services are compatible with standards established by the Office of MN.IT Services.
new text begin The new text end
58.24
new text begin standards may include analysis of differences in future cost uncertainties, compliance with new text end
58.25
new text begin security requirements, compliance with hardware and service standards common in other new text end
58.26
new text begin state offices, ability to comply with legal, accessibility, and transparency requirements, new text end
58.27
new text begin and compliance with quality standards common to other state offices.new text end new text begin The term of a new text end
58.28
new text begin service-level agreement or a contract under this paragraph is subject to the limits in section new text end
58.29
new text begin 16C.06, subdivision 3b. However, the chief information officer may provide that the term new text end
58.30
new text begin of the first agreement or contract entered into after the effective date of this section may be new text end
58.31
new text begin longer, as the chief information officer determines is necessary to establish a system under new text end
58.32
new text begin which agency agreements and contracts will expire according to a staggered schedule. new text end
58.33
new text begin A service-level agreement or contract may not be for a term of more than six years. A new text end
58.34
new text begin contract longer than four years must be followed by a contract of less than four years.new text end
59.1(d)
new text begin The chief information officer may authorize a state agency office located outside new text end
59.2
new text begin of the seven-county metropolitan area to solicit proposals from MN.IT services and from new text end
59.3
new text begin an outside vendor separately from the rest of the agency.new text end
59.4
new text begin (e) An agency may not enter into a contract for information technology systems or new text end
59.5
new text begin services of more than $100,000 with an outside vendor without approval of the chief new text end
59.6
new text begin information officer.new text end
59.7
new text begin (f) new text end The Minnesota State Retirement System, the Public Employees Retirement
59.8Association, the Teachers Retirement Association, the State Board of Investment, the
59.9Campaign Finance and Public Disclosure Board, the State Lottery, and the Statewide
59.10Radio Board are not state agencies for purposes of this section.
59.11 Sec. 44. Minnesota Statutes 2014, section 16E.03, subdivision 1, is amended to read:
59.12 Subdivision 1.
Definitions. For the purposes of chapter 16E, the following terms
59.13have the meanings given them.
59.14 (a) "Information and telecommunications technology systems and services" means
59.15all computing and telecommunications hardware and software, the activities undertaken
59.16to secure that hardware and software, and the activities undertaken to acquire, transport,
59.17process, analyze, store, and disseminate information electronically. "Information and
59.18telecommunications technology systems and services" includes all proposed expenditures
59.19for computing and telecommunications hardware and software, security for that hardware
59.20and software, and related consulting or other professional services.
59.21 (b) "Information and telecommunications technology project" means an effort to
59.22acquire or produce information and telecommunications technology systems and services.
59.23 (c) "Telecommunications" means voice, video, and data electronic transmissions
59.24transported by wire, wireless, fiber-optic, radio, or other available transport technology.
59.25 (d) "Cyber security" means the protection of data and systems in networks connected
59.26to the Internet.
59.27 (e) "State agency" means an agency in the executive branch of state government and
59.28includes the Minnesota Office of Higher Education, but does not include the Minnesota
59.29State Colleges and Universities unless specifically provided elsewhere in this chapter.
59.30
new text begin Notwithstanding any law to the contrary, "state agency" includes any agency in the new text end
59.31
new text begin executive branch that operates information technology relating to eligibility for state new text end
59.32
new text begin programs.new text end
59.33 (f) "Total expected project cost" includes direct staff costs, all supplemental contract
59.34staff and vendor costs, and costs of hardware and software development or purchase.
60.1Breaking a project into several phases does not affect the cost threshold, which must be
60.2computed based on the full cost of all phases.
60.3 Sec. 45.
new text begin [16E.034] ANNUAL REPORT ON IT SPENDING.new text end
60.4
new text begin (a) The chief information officer, in consultation with the commissioner of new text end
60.5
new text begin management and budget, must report by September 1 each year on:new text end
60.6
new text begin (1) total state agency spending on information technology in the prior fiscal year, and new text end
60.7
new text begin planned state agency spending on information technology in the current fiscal year; andnew text end
60.8
new text begin (2) individual state agency spending on information technology in the prior fiscal new text end
60.9
new text begin year, and planned spending on information technology in the current fiscal year.new text end
60.10
new text begin (b) The report in paragraph (a) on total state agency and individual agency spending new text end
60.11
new text begin and proposed spending must show amounts spent and anticipated to be spent in each of new text end
60.12
new text begin the following categories:new text end
60.13
new text begin (1) new technology projects, or enhancement of existing projects, of more than new text end
60.14
new text begin $100,000;new text end
60.15
new text begin (2) business as usual and minor enhancements; andnew text end
60.16
new text begin (3) infrastructure and operations.new text end
60.17
new text begin (c) The information reported on infrastructure and operations in paragraph (b), new text end
60.18
new text begin clause (3), must be further divided, by agency, into the following categories:new text end
60.19
new text begin (1) servers;new text end
60.20
new text begin (2) messaging and collaboration;new text end
60.21
new text begin (3) mainframe;new text end
60.22
new text begin (4) storage;new text end
60.23
new text begin (5) database, including administration;new text end
60.24
new text begin (6) technical support;new text end
60.25
new text begin (7) information security;new text end
60.26
new text begin (8) directory administration;new text end
60.27
new text begin (9) architecture;new text end
60.28
new text begin (10) monitoring; andnew text end
60.29
new text begin (11) change management.new text end
60.30 Sec. 46. Minnesota Statutes 2014, section 16E.0465, is amended to read:
60.31
16E.0465 TECHNOLOGY APPROVAL.
60.32 Subdivision 1.
Application. This section applies to an appropriation of more than
60.33$1,000,000
new text begin $100,000new text end of state or federal funds to a state agency for any information and
60.34telecommunications technology project or for any phase of such a project, device, or
61.1system. For purposes of this section, an appropriation of state or federal funds to a state
61.2agency includes an appropriation:
61.3(1) to a constitutional officer;
61.4(2) for a project that includes both a state agency and units of local government; and
61.5(3) to a state agency for grants to be made to other entities.
61.6 Subd. 2.
Required review and approval. (a) A state agency receiving an
61.7appropriation
new text begin of more than $500,000 new text end for an information and telecommunications
61.8technology project subject to this section must divide the project into phases.
61.9(b) The commissioner of management and budget may not authorize the
61.10encumbrance or expenditure of an appropriation of state funds to a state agency for any
new text begin :new text end
61.11
new text begin (1) a project if the project is subject to this section, but not divided into phases; ornew text end
61.12
new text begin (2) anew text end phase of a project, device, or system subject to this section
new text begin ,new text end unless the Office of
61.13MN.IT Services has reviewed
new text begin the project or new text end each phase of the project, device, or system,
61.14and based on this review, the chief information officer has determined for each
new text begin project new text end
61.15
new text begin or new text end phase that:
61.16(1)
new text begin (i)new text end the project is compatible with the state information architecture and other
61.17policies and standards established by the chief information officer;
61.18(2)
new text begin (ii)new text end the agency is able to accomplish the goals of the phase of the project with the
61.19funds appropriated; and
61.20(3)
new text begin (iii)new text end the project supports the enterprise information technology strategy.
61.21
new text begin Subd. 4.new text end new text begin Monitor progress.new text end new text begin The chief information officer shall monitor progress on new text end
61.22
new text begin any active information and telecommunications technology project with a total expected new text end
61.23
new text begin project cost of more than $5,000,000 and report on the performance of the project in new text end
61.24
new text begin comparison with the plans for the project in terms of time, scope, and budget. The chief new text end
61.25
new text begin information officer may conduct an independent project audit of the project. The audit new text end
61.26
new text begin analysis and evaluation of the projects must be presented to agency executive sponsors, new text end
61.27
new text begin the project governance bodies, and the chief information officer. All reports and responses new text end
61.28
new text begin must become part of the project record.new text end
61.29 Sec. 47. Minnesota Statutes 2014, section 16E.14, subdivision 3, is amended to read:
61.30 Subd. 3.
Reimbursements. Except as specifically provided otherwise by law, each
61.31agency shall reimburse the MN.IT services revolving fund for the cost of all services,
61.32supplies, materials, labor,
new text begin employee development and training,new text end and depreciation of
61.33equipment, including reasonable overhead costs, which the chief information officer is
61.34authorized and directed to furnish an agency. The chief information officer shall report the
61.35rates to be charged for the revolving fund no later than July 1 each year to the chair of the
62.1committee or division in the senate and house of representatives with primary jurisdiction
62.2over the budget of the Office of MN.IT Services.
62.3 Sec. 48. Minnesota Statutes 2014, section 16E.145, is amended to read:
62.4
16E.145 INFORMATION TECHNOLOGY APPROPRIATION.
62.5An appropriation
new text begin of more than $100,000 new text end for a state agency information and
62.6telecommunications technology project must be made to the chief information officer. The
62.7chief information officer must manage and disburse the appropriation on behalf of the
62.8sponsoring state agency. Any appropriation for an information and telecommunications
62.9technology project made to a state agency other than the Office of MN.IT Services is
62.10transferred to the chief information officer.
62.11 Sec. 49. Minnesota Statutes 2014, section 16E.19, is amended by adding a subdivision
62.12to read:
62.13
new text begin Subd. 3.new text end new text begin Data storage.new text end new text begin The chief information officer must establish criteria for new text end
62.14
new text begin storage of state agency data outside of data centers operated by the chief information new text end
62.15
new text begin officer. These criteria must include thresholds for when requests of outside data storage new text end
62.16
new text begin must be approved by the chief information officer.new text end
62.17 Sec. 50.
new text begin [43A.035] LIMIT ON NUMBER OF FULL-TIME EQUIVALENT new text end
62.18
new text begin EMPLOYEES.new text end
62.19
new text begin The total number of full-time equivalent employees employed in all executive new text end
62.20
new text begin branch agencies may not exceed 35,927. The commissioner of management and budget new text end
62.21
new text begin may forbid an executive agency from hiring a new employee or from filling a vacancy as new text end
62.22
new text begin the commissioner determines is necessary to ensure compliance with this section. Any new text end
62.23
new text begin reductions in staff should prioritize protecting client-facing health care workers, corrections new text end
62.24
new text begin officers, public safety workers, and mental health workers. As a means of achieving new text end
62.25
new text begin compliance with this requirement, the commissioner may authorize an agency to provide new text end
62.26
new text begin an early retirement incentive to an executive branch employee, under which the state will new text end
62.27
new text begin continue to make the employer contribution for health insurance after the employee has new text end
62.28
new text begin terminated state service. The commissioner must prescribe eligibility requirements and the new text end
62.29
new text begin maximum duration of the payments. For purposes of this section, an "executive agency" new text end
62.30
new text begin does not include the Minnesota State Colleges and Universities or statewide pension plans.new text end
62.31 Sec. 51.
new text begin [138.912] HEALTHY EATING, HERE AT HOME.new text end
63.1
new text begin Subdivision 1.new text end new text begin Establishment.new text end new text begin The healthy eating, here at home program is new text end
63.2
new text begin established to provide incentives for low-income Minnesotans to use federal Supplemental new text end
63.3
new text begin Nutrition Assistance Program (SNAP) benefits for healthy purchases at Minnesota-based new text end
63.4
new text begin farmers' markets.new text end
63.5
new text begin Subd. 2.new text end new text begin Definitions.new text end new text begin (a) The definitions in this subdivision apply to this section.new text end
63.6
new text begin (b) "Healthy eating, here at home" means a program administered by the Minnesota new text end
63.7
new text begin Humanities Center to provide incentives for low-income Minnesotans to use SNAP new text end
63.8
new text begin benefits for healthy purchases at Minnesota-based farmers' markets.new text end
63.9
new text begin (c) "Healthy purchases" means SNAP-eligible foods.new text end
63.10
new text begin (d) "Minnesota-based farmers' market" means a physical market as defined in section new text end
63.11
new text begin 28A.151, subdivision 1, paragraph (b), and also includes mobile markets.new text end
63.12
new text begin (e) "Voucher" means a physical or electronic credit.new text end
63.13
new text begin (f) "Eligible household" means an individual or family that is determined to be a new text end
63.14
new text begin recipient of SNAP.new text end
63.15
new text begin Subd. 3.new text end new text begin Grants.new text end new text begin The Minnesota Humanities Center shall allocate grant funds to new text end
63.16
new text begin nonprofit organizations that work with Minnesota-based farmers' markets to provide up new text end
63.17
new text begin to $10 vouchers to SNAP participants who use electronic benefits transfer (EBT) cards new text end
63.18
new text begin for healthy purchases. Funds may also be provided for vouchers distributed through new text end
63.19
new text begin nonprofit organizations engaged in healthy cooking and food education outreach to new text end
63.20
new text begin eligible households for use at farmers' markets. Funds appropriated under this section may new text end
63.21
new text begin not be used for healthy cooking classes or food education outreach. When awarding new text end
63.22
new text begin grants, the Minnesota Humanities Center must consider how the nonprofit organizations new text end
63.23
new text begin will achieve geographic balance, including specific efforts to reach eligible households new text end
63.24
new text begin across the state, and the organizations' capacity to manage the programming and outreach.new text end
63.25
new text begin Subd. 4.new text end new text begin Household eligibility; participation.new text end new text begin To be eligible for a healthy eating, new text end
63.26
new text begin here at home voucher, an eligible household must meet the Minnesota SNAP eligibility new text end
63.27
new text begin requirements under section 256D.051.new text end
63.28
new text begin Subd. 5.new text end new text begin Permissible uses; information provided.new text end new text begin An eligible household may use new text end
63.29
new text begin the voucher toward healthy purchases at Minnesota-based farmers' markets. Every eligible new text end
63.30
new text begin household that receives a voucher must be informed of the allowable uses of the voucher.new text end
63.31
new text begin Subd. 6.new text end new text begin Program reporting.new text end new text begin The nonprofit organizations that receive grant funds new text end
63.32
new text begin must report annually to the Minnesota Humanities Center with information regarding the new text end
63.33
new text begin operation of the program, including the number of vouchers issued and the number of new text end
63.34
new text begin people served. To the extent practicable, the nonprofit organizations must report on the new text end
63.35
new text begin usage of the vouchers and evaluate the program's effectiveness.new text end
64.1
new text begin Subd. 7.new text end new text begin Grocery inclusion.new text end new text begin The commissioner of human services must submit a new text end
64.2
new text begin waiver request to the federal United States Department of Agriculture seeking approval new text end
64.3
new text begin for the inclusion of Minnesota grocery stores in this program so that SNAP participants new text end
64.4
new text begin may use the vouchers for healthy produce at grocery stores. Grocery store participation is new text end
64.5
new text begin voluntary and a grocery store's associated administrative costs will not be reimbursed.new text end
64.6 Sec. 52. Minnesota Statutes 2014, section 148.57, is amended by adding a subdivision
64.7to read:
64.8
new text begin Subd. 5.new text end new text begin Expedited and temporary licensing for former and current members new text end
64.9
new text begin of the military.new text end new text begin (a) Applicants seeking licensure according to this subdivision must be:new text end
64.10
new text begin (1) an active duty military member;new text end
64.11
new text begin (2) the spouse of an active duty military member; ornew text end
64.12
new text begin (3) a veteran who has left service in the two years preceding the date of license new text end
64.13
new text begin application, and has confirmation of an honorable or general discharge status.new text end
64.14
new text begin (b) A qualified applicant under this subdivision must provide evidence of:new text end
64.15
new text begin (1) a current valid license, certificate, or permit in another state without history of new text end
64.16
new text begin disciplinary action by a regulatory authority in the other state; andnew text end
64.17
new text begin (2) a current criminal background study without a criminal conviction that is new text end
64.18
new text begin determined by the board to adversely affect the applicant's ability to become licensed.new text end
64.19
new text begin (c) A temporary license issued under this subdivision is effective for six months new text end
64.20
new text begin from the initial temporary licensure date.new text end
64.21
new text begin (d) During the temporary license period, the individual shall complete the licensed new text end
64.22
new text begin optometrist application for licensure.new text end
64.23
new text begin (e) In order to remain licensed after the expiration of the temporary license, an new text end
64.24
new text begin individual must meet the requirements in section 148.57, subdivisions 1 and 2.new text end
64.25 Sec. 53. Minnesota Statutes 2014, section 148.624, subdivision 5, is amended to read:
64.26 Subd. 5.
new text begin Expedited and new text end temporary new text begin licensing for former and current members new text end
64.27
new text begin of the new text end military permit. The board shall issue a temporary permit to members of the
64.28military in accordance with section
.
new text begin (a) Applicants seeking licensure according new text end
64.29
new text begin to this subdivision must be:new text end
64.30
new text begin (1) an active duty military member;new text end
64.31
new text begin (2) the spouse of an active duty military member; ornew text end
64.32
new text begin (3) a veteran who has left service in the two years preceding the date of license new text end
64.33
new text begin application, and has confirmation of an honorable or general discharge status.new text end
64.34
new text begin (b) A qualified applicant under this subdivision must provide evidence of:new text end
65.1
new text begin (1) a current valid license in another state without history of disciplinary action by a new text end
65.2
new text begin regulatory authority in the other state; andnew text end
65.3
new text begin (2) a current criminal background study without a criminal conviction that is new text end
65.4
new text begin determined by the board to adversely affect the applicant's ability to become licensed.new text end
65.5
new text begin (c) A temporary license issued under this subdivision is effective for six months new text end
65.6
new text begin from the initial temporary licensure date.new text end
65.7
new text begin (d) During the temporary license period, the individual shall complete the licensed new text end
65.8
new text begin dietitian or nutritionist application for licensure.new text end
65.9
new text begin (e) In order to remain licensed after the expiration of the temporary license, an new text end
65.10
new text begin individual must meet the full licensure requirements.new text end
65.11
new text begin (f)new text end The fee for the temporary permit
new text begin licensenew text end is $250.
65.12 Sec. 54. Minnesota Statutes 2014, section 148B.33, is amended by adding a
65.13subdivision to read:
65.14
new text begin Subd. 3.new text end new text begin Expedited and temporary licensing for former and current members new text end
65.15
new text begin of the military.new text end new text begin (a) Applicants seeking licensure according to this subdivision must be:new text end
65.16
new text begin (1) an active duty military member; new text end
65.17
new text begin (2) the spouse of an active duty military member; ornew text end
65.18
new text begin (3) a veteran who has left service in the two years preceding the date of license new text end
65.19
new text begin application, and has confirmation of an honorable or general discharge status.new text end
65.20
new text begin (b) A qualified applicant under this subdivision must provide evidence of:new text end
65.21
new text begin (1) a current valid license, certificate, or permit in another state without history of new text end
65.22
new text begin disciplinary action by a regulatory authority in the other state; andnew text end
65.23
new text begin (2) a current criminal background study without a criminal conviction that is new text end
65.24
new text begin determined by the board to adversely affect the applicant's ability to become licensed.new text end
65.25
new text begin (c) A temporary license issued under this subdivision is effective for six months new text end
65.26
new text begin from the initial temporary licensure date.new text end
65.27
new text begin (d) During the temporary license period, the individual shall complete the licensed new text end
65.28
new text begin marriage and family therapist application for licensure.new text end
65.29
new text begin (e) In order to remain licensed after the expiration of the temporary license, an new text end
65.30
new text begin individual must meet the requirements in subdivisions 1 and 2.new text end
65.31 Sec. 55. Minnesota Statutes 2014, section 148B.53, is amended by adding a
65.32subdivision to read:
65.33
new text begin Subd. 1a.new text end new text begin Expedited and temporary licensing for former and current members new text end
65.34
new text begin of the military.new text end new text begin (a) Applicants seeking licensure according to this subdivision must be:new text end
66.1
new text begin (1) an active duty military member; new text end
66.2
new text begin (2) the spouse of an active duty military member; ornew text end
66.3
new text begin (3) a veteran who has left service in the two years preceding the date of license new text end
66.4
new text begin application, and has confirmation of an honorable or general discharge status.new text end
66.5
new text begin (b) A qualified applicant under this subdivision must provide evidence of:new text end
66.6
new text begin (1) a current valid license, certificate, or permit in another state without history of new text end
66.7
new text begin disciplinary action by a regulatory authority in the other state; andnew text end
66.8
new text begin (2) a current criminal background study without a criminal conviction that is new text end
66.9
new text begin determined by the board to adversely affect the applicant's ability to become licensed.new text end
66.10
new text begin (c) A temporary license issued under this subdivision is effective for one year from new text end
66.11
new text begin the initial licensure date.new text end
66.12
new text begin (d) During the temporary license period, the individual shall complete the licensed new text end
66.13
new text begin professional counselor application for licensure.new text end
66.14
new text begin (e) In order to remain licensed after the expiration of the temporary license, an new text end
66.15
new text begin individual must meet the requirements in subdivision 1, paragraphs (a) and (b).new text end
66.16 Sec. 56. Minnesota Statutes 2014, section 148B.5301, is amended by adding a
66.17subdivision to read:
66.18
new text begin Subd. 4a.new text end new text begin Expedited and temporary licensing for former and current members new text end
66.19
new text begin of the military.new text end new text begin (a) Applicants seeking licensure according to this subdivision must be:new text end
66.20
new text begin (1) an active duty military member; new text end
66.21
new text begin (2) the spouse of an active duty military member; ornew text end
66.22
new text begin (3) a veteran who has left service in the two years preceding the date of license new text end
66.23
new text begin application, and has confirmation of an honorable or general discharge status.new text end
66.24
new text begin (b) A qualified applicant under paragraph (a) must provide evidence of:new text end
66.25
new text begin (1) a current valid license, certificate, or permit in another state without history of new text end
66.26
new text begin disciplinary action by a regulatory authority in the other state; andnew text end
66.27
new text begin (2) a current criminal background study without a criminal conviction that is new text end
66.28
new text begin determined by the board to adversely affect the applicant's ability to become licensed.new text end
66.29
new text begin (c) A temporary license issued under this subdivision is effective for one year from new text end
66.30
new text begin the initial licensure date.new text end
66.31
new text begin (d) During the temporary license period, the individual shall complete the licensed new text end
66.32
new text begin professional clinical counselor application for licensure.new text end
66.33
new text begin (e) In order to remain licensed after the expiration of the temporary license, an new text end
66.34
new text begin individual must meet the requirements in subdivisions 1 and 2.new text end
67.1 Sec. 57. Minnesota Statutes 2014, section 148F.025, is amended by adding a
67.2subdivision to read:
67.3
new text begin Subd. 5.new text end new text begin Expedited and temporary licensing for former and current members new text end
67.4
new text begin of the military.new text end new text begin (a) Applicants seeking licensure according to this subdivision must be:new text end
67.5
new text begin (1) an active duty military member; new text end
67.6
new text begin (2) the spouse of an active duty military member; ornew text end
67.7
new text begin (3) a veteran who has left service in the two years preceding the date of license new text end
67.8
new text begin application, and has confirmation of an honorable or general discharge status.new text end
67.9
new text begin (b) Applicants are required to comply with subdivisions 1 and 4.new text end
67.10
new text begin (c) A qualified applicant under paragraph (a) must provide evidence of:new text end
67.11
new text begin (1) a current valid license, certificate, or permit in another state without history of new text end
67.12
new text begin disciplinary action by a regulatory authority in the other state; andnew text end
67.13
new text begin (2) a current criminal background study without a criminal conviction that is new text end
67.14
new text begin determined by the board to adversely affect the applicant's ability to become licensed.new text end
67.15
new text begin (d) A temporary license issued under this subdivision is effective for two years from new text end
67.16
new text begin the initial licensure date.new text end
67.17
new text begin (e) During the temporary license period, the individual shall complete the application new text end
67.18
new text begin for licensure required in subdivision 1.new text end
67.19
new text begin (f) In order to remain licensed after the expiration of the temporary license, an new text end
67.20
new text begin individual must meet the requirements in subdivisions 2 and 3.new text end
67.21 Sec. 58. Minnesota Statutes 2014, section 153.16, subdivision 1, is amended to read:
67.22 Subdivision 1.
License requirements. The board shall issue a license to practice
67.23podiatric medicine to a person who meets the following requirements:
67.24(a) The applicant for a license shall file a written notarized application on forms
67.25provided by the board, showing to the board's satisfaction that the applicant is of good
67.26moral character and satisfies the requirements of this section.
67.27(b) The applicant shall present evidence satisfactory to the board of being a graduate
67.28of a podiatric medical school approved by the board based upon its faculty, curriculum,
67.29facilities, accreditation by a recognized national accrediting organization approved by the
67.30board, and other relevant factors.
67.31(c) The applicant must have received a passing score on each part of the national board
67.32examinations, parts one and two, prepared and graded by the National Board of Podiatric
67.33Medical Examiners. The passing score for each part of the national board examinations,
67.34parts one and two, is as defined by the National Board of Podiatric Medical Examiners.
68.1(d) Applicants graduating after 1986 from a podiatric medical school shall present
68.2evidence of successful completion of a residency program approved by a national
68.3accrediting podiatric medicine organization.
68.4(e) The applicant shall appear in person before the board or its designated
68.5representative to show that the applicant satisfies the requirements of this section,
68.6including knowledge of laws, rules, and ethics pertaining to the practice of podiatric
68.7medicine. The board may establish as internal operating procedures the procedures or
68.8requirements for the applicant's personal presentation.
new text begin Upon completion of all other new text end
68.9
new text begin application requirements, a doctor of podiatric medicine applying for a temporary military new text end
68.10
new text begin license has six months in which to comply with this subdivision.new text end
68.11(f) The applicant shall pay a fee established by the board by rule. The fee shall
68.12not be refunded.
68.13(g) The applicant must not have engaged in conduct warranting disciplinary action
68.14against a licensee. If the applicant does not satisfy the requirements of this paragraph,
68.15the board may refuse to issue a license unless it determines that the public will be
68.16protected through issuance of a license with conditions and limitations the board considers
68.17appropriate.
68.18(h) Upon payment of a fee as the board may require, an applicant who fails to pass
68.19an examination and is refused a license is entitled to reexamination within one year of
68.20the board's refusal to issue the license. No more than two reexaminations are allowed
68.21without a new application for a license.
68.22 Sec. 59. Minnesota Statutes 2014, section 153.16, subdivision 4, is amended to read:
68.23 Subd. 4.
Temporary military permitnew text begin licensenew text end . The board shall establish a temporary
68.24permit in accordance with section
. The fee for the temporary military permit is
68.25$250.
new text begin (a) The board shall issue an expedited license to practice podiatric medicine to an new text end
68.26
new text begin applicant who meets the following requirements:new text end
68.27
new text begin (1) is an active duty military member;new text end
68.28
new text begin (2) is the spouse of an active duty military member; ornew text end
68.29
new text begin (3) is a veteran who has left service in the two years preceding the date of license new text end
68.30
new text begin application, and has confirmation of an honorable or general discharge status.new text end
68.31
new text begin (b) A qualified applicant under this subdivision must provide evidence of:new text end
68.32
new text begin (1) a current, valid license in another state without history of disciplinary action by a new text end
68.33
new text begin regulatory authority in the other state; andnew text end
68.34
new text begin (2) a current criminal background study without a criminal conviction that is new text end
68.35
new text begin determined by the board to adversely affect the applicant's ability to become licensed.new text end
69.1
new text begin (c) The board shall issue a license for up to six months to a doctor of podiatric new text end
69.2
new text begin medicine eligible for licensure under this subdivision. Doctors of podiatric medicine new text end
69.3
new text begin licensed in another state who have complied with all other requirements may receive a new text end
69.4
new text begin temporary license valid for up to six months. No extension is available.new text end
69.5
new text begin (d) A temporary license issued under this subdivision permits a qualified individual new text end
69.6
new text begin to perform podiatric medicine for a limited length of time as determined by the licensing new text end
69.7
new text begin board. During the temporary license period, the individual shall complete the full new text end
69.8
new text begin application procedure and be approved as required by applicable law.new text end
69.9
new text begin (e) The fee for the temporary military license is $250.new text end
69.10 Sec. 60. Minnesota Statutes 2014, section 154.003, is amended to read:
69.11
154.003 FEES.
69.12 (a) The fees collected, as required in this chapter, chapter 214, and the rules of the
69.13board, shall be paid to the board. The board shall deposit the fees in the general fund
69.14in the state treasury.
69.15 (b) The board shall charge the following fees:
69.16 (1) examination and certificate, registered barber, $85;
69.17(2) retake of written examination, registered barber, $10;
69.18 (3) examination and certificate, apprentice, $80;
69.19(4) retake of written examination, apprentice, $10;
69.20 (5) examination, instructor, $180;
69.21 (6) certificate, instructor, $65;
69.22 (7) temporary teacher or apprentice permit, $80;
69.23 (8)
new text begin temporary registered barber, military, $85;new text end
69.24
new text begin (9) temporary barber instructor, military, $180;new text end
69.25
new text begin (10) temporary apprentice barber, military, $80;new text end
69.26
new text begin (11) new text end renewal of registration, registered barber, $80;
69.27 (9)
new text begin (12)new text end renewal of registration, apprentice, $70;
69.28 (10)
new text begin (13)new text end renewal of registration, instructor, $80;
69.29 (11)
new text begin (14)new text end renewal of temporary teacher permit, $65;
69.30 (12)
new text begin (15)new text end student permit, $45;
69.31(13)
new text begin (16)new text end renewal of student permit, $25;
69.32 (14)
new text begin (17)new text end initial shop registration, $85;
69.33 (15)
new text begin (18)new text end initial school registration, $1,030;
69.34 (16)
new text begin (19)new text end renewal shop registration, $85;
69.35 (17)
new text begin (20)new text end renewal school registration, $280;
70.1 (18)
new text begin (21)new text end restoration of registered barber registration, $95;
70.2 (19)
new text begin (22)new text end restoration of apprentice registration, $90;
70.3 (20)
new text begin (23)new text end restoration of shop registration, $105;
70.4 (21)
new text begin (24)new text end change of ownership or location, $55;
70.5 (22)
new text begin (25)new text end duplicate registration, $40;
70.6 (23)
new text begin (26)new text end home study course, $75;
70.7(24)
new text begin (27)new text end letter of registration verification, $25; and
70.8(25)
new text begin (28)new text end reinspection, $100.
70.9 Sec. 61. Minnesota Statutes 2014, section 154.11, subdivision 3, is amended to read:
70.10 Subd. 3.
Temporary military licensenew text begin permitsnew text end . new text begin (a) In accordance with section new text end
70.11
new text begin 197.4552, new text end the board shall establish
new text begin issuenew text end a temporary license
new text begin :new text end
70.12
new text begin (1) permitnew text end for
new text begin apprentice new text end barbers and master
new text begin ;new text end
70.13
new text begin (2) certificate for registerednew text end barbers
new text begin ;new text end and a temporary permit for apprentices in
70.14accordance with section
. The fee for a temporary license under this subdivision
70.15for a master barber is $85. The fee for a temporary license under this subdivision for a
70.16barber is $180. The fee for a temporary permit under this subdivision for an apprentice is
70.17$80.
70.18
new text begin (3) certificate for registered barber instructors.new text end
70.19
new text begin (b) Fees for temporary military permits and certificates of registration under this new text end
70.20
new text begin subdivision are listed under section 154.003.new text end
70.21
new text begin (c) Permits or certificates of registration issued under this subdivision are valid new text end
70.22
new text begin for one year from the date of issuance, after which the individual must complete a full new text end
70.23
new text begin application as required by section 197.4552.new text end
70.24 Sec. 62. Minnesota Statutes 2014, section 190.19, subdivision 2a, is amended to read:
70.25 Subd. 2a.
Uses; veterans. new text begin (a) new text end Money appropriated to the Department of Veterans
70.26Affairs from the Minnesota "Support Our Troops" account may be used for:
70.27 (1) grants to veterans service organizations;
70.28 (2) outreach to underserved veterans;
70.29(3) providing services and programs for veterans and their families; and
70.30(4) transfers to the vehicle services account for Gold Star license plates under
70.31section
168.1253.
new text begin ;new text end
70.32
new text begin (5) grants of up to $100,000 to any organization approved by the commissioner of new text end
70.33
new text begin veterans affairs for the purpose of supporting and improving the lives of veterans and new text end
70.34
new text begin their families; andnew text end
71.1
new text begin (6) grants to an eligible foundation. new text end
71.2
new text begin (b) For purposes of this subdivision, "eligible foundation" includes any organization new text end
71.3
new text begin that:new text end
71.4
new text begin (1) is a tax-exempt organization under section 501(c) of the Internal Revenue new text end
71.5
new text begin Code; andnew text end
71.6
new text begin (2) is a nonprofit corporation under chapter 317A and the organization's articles of new text end
71.7
new text begin incorporation specify that a purpose of the organization includes (i) providing assistance new text end
71.8
new text begin to veterans and their families or (ii) enhancing the lives of veterans and their families.new text end
71.9 Sec. 63. Minnesota Statutes 2014, section 192.38, subdivision 1, is amended to read:
71.10 Subdivision 1.
Temporary emergency relief. If any officer or enlisted member
71.11of the military forces is wounded or otherwise disabled, dies from disease contracted or
71.12injuries received, or is killed while in state active service as defined in section
190.05,
71.13subdivision 5a
, the officer or member, or in the case of death the officer's or member's
71.14dependent spouse, child, or parent, may be provided with immediate temporary relief as
71.15necessary in cases of severe hardship, in an amount to be determined by the adjutant general
71.16and approved by the governor
new text begin or a death gratuity payment equal to the amount allowed for new text end
71.17
new text begin service members in a federal active service statusnew text end . All payments under this subdivision
71.18shall be made from appropriations for the maintenance of the state military forces
71.19
new text begin emergency servicesnew text end . The adjutant general shall notify the Department of Management and
71.20Budget of any payments made pursuant to this subdivision and the amount of it shall be
71.21subtracted from any award made by the Department of Management and Budget.
71.22 Sec. 64. Minnesota Statutes 2014, section 192.501, is amended by adding a subdivision
71.23to read:
71.24
new text begin Subd. 1d.new text end new text begin Reclassification bonus program.new text end new text begin (a) The adjutant general may establish new text end
71.25
new text begin a program to provide a bonus to eligible members of the Minnesota National Guard who new text end
71.26
new text begin complete training that results in the award of a new military occupational specialty or new text end
71.27
new text begin air force specialty code in specialties that are identified by the Adjutant General to be new text end
71.28
new text begin necessary for the enhanced readiness of the Minnesota National Guard.new text end
71.29
new text begin (b) Eligibility for the bonus is limited to a member of the National Guard who:new text end
71.30
new text begin (1) is serving satisfactorily as determined by the adjutant general;new text end
71.31
new text begin (2) has 16 or fewer years of service creditable for retirement; andnew text end
71.32
new text begin (3) undergoes military training deemed by the adjutant general as sufficiently new text end
71.33
new text begin important to the readiness of the National Guard or a unit of the National Guard to warrant new text end
71.34
new text begin the payment of a bonus in an amount to generally encourage the member's participation in new text end
72.1
new text begin such training. The adjutant general may, within the limitations of this paragraph and other new text end
72.2
new text begin applicable laws, determine additional eligibility criteria for the bonus, and must specify all new text end
72.3
new text begin of the criteria in regulations and publish changes as necessary.new text end
72.4
new text begin (c) The bonus payments must be made on a schedule that is determined and new text end
72.5
new text begin published in department regulations by the adjutant general.new text end
72.6
new text begin (d) If a member fails to complete a term of reenlistment or an obligated term of new text end
72.7
new text begin commissioned service for which a bonus was paid, the adjutant general may seek to new text end
72.8
new text begin recoup a prorated amount of the bonus as determined by the adjutant general.new text end
72.9 Sec. 65. Minnesota Statutes 2014, section 197.46, is amended to read:
72.10
197.46 VETERANS PREFERENCE ACT; REMOVAL FORBIDDEN; RIGHT
72.11
OF MANDAMUS.
72.12
new text begin (a) new text end Any person whose rights may be in any way prejudiced contrary to any of the
72.13provisions of this section, shall be entitled to a writ of mandamus to remedy the wrong.
72.14No person holding a position by appointment or employment in the several counties,
72.15cities, towns, school districts and all other political subdivisions in the state, who is a
72.16veteran separated from the military service under honorable conditions, shall be removed
72.17from such position or employment except for incompetency or misconduct shown after a
72.18hearing, upon due notice, upon stated charges, in writing.
72.19
new text begin (b) new text end Any veteran who has been notified of the intent to discharge the veteran from an
72.20appointed position or employment pursuant to this section shall be notified in writing of
72.21such intent to discharge and of the veteran's right to request a hearing within 60 days of
72.22receipt of the notice of intent to discharge. The failure of a veteran to request a hearing
72.23within the provided 60-day period shall constitute a waiver of the right to a hearing. Such
72.24failure shall also waive all other available legal remedies for reinstatement.
72.25Request for a hearing concerning such a discharge shall be made in writing and
72.26submitted by mail or personal service to the employment office of the concerned employer
72.27or other appropriate office or person.
new text begin If the veteran requests a hearing under this section, new text end
72.28
new text begin such written request must also contain the veteran's election to be heard by a civil service new text end
72.29
new text begin board or commission, a merit authority, or a three-person panel as defined in paragraph new text end
72.30
new text begin (c). If the veteran fails to identify the veteran's election, the governmental subdivision new text end
72.31
new text begin may select the hearing body.new text end
72.32In all governmental subdivisions having an established civil service board or
72.33commission, or merit system authority, such hearing for removal or discharge shall be
72.34held before such civil service board or commission or merit system authority. Where no
72.35such civil service board or commission or merit system authority exists, such hearing
73.1shall be held by
new text begin (c) Hearings under this section shall be held by a civil service board or new text end
73.2
new text begin commission, a merit system authority, ornew text end a board of three persons appointed as follows:
73.3one by the governmental subdivision, one by the veteran, and the third by the two so
73.4selected. In the event that
new text begin all governmental subdivisions having an established civil service new text end
73.5
new text begin board or commission or merit system authority, the veteran shall elect which body will new text end
73.6
new text begin hold the hearing. Ifnew text end the hearing is authorized to be
new text begin veteran chooses to have the hearingnew text end held
73.7before a three-person board, the governmental subdivision's notice of intent to discharge
73.8shall state that the veteran must respond within 60 days of receipt of the notice of intent to
73.9discharge, and provide in writing to the governmental subdivision the name, United States
73.10mailing address, and telephone number of the veteran's selected representative for the
73.11three-person board. The failure of a veteran to submit the name, address, and telephone
73.12number of the veteran's selected representative to the governmental subdivision by mail or
73.13by personal service within the provided notice's 60-day period, shall constitute a waiver of
73.14the veteran's right to the hearing and all other legal remedies available for reinstatement of
73.15the veteran's employment position. In the event the two persons selected by the veteran
73.16and governmental subdivision do not appoint the third person within ten days after the
73.17appointment of the last of the two, then the judge of the district court of the county
73.18wherein the proceeding is pending, or if there be more than one judge in said county then
73.19any judge in chambers, shall have jurisdiction to appoint, and upon application of either or
73.20both of the two so selected shall appoint, the third person to the board and the person so
73.21appointed by the judge with the two first selected shall constitute the board.
73.22
new text begin (d) new text end Either the veteran or the governmental subdivision may appeal from the decision
73.23of the board upon the charges to the district court by causing written notice of appeal,
73.24stating the grounds thereof, to be served upon the other party within 15 days after notice of
73.25the decision and by filing the original notice of appeal with proof of service thereof in the
73.26office of the court administrator of the district court within ten days after service thereof.
73.27Nothing in section
197.455 or this section shall be construed to apply to the position of
73.28private secretary, superintendent of schools, or one chief deputy of any elected official
73.29or head of a department, or to any person holding a strictly confidential relation to the
73.30appointing officer. Nothing in this section shall be construed to apply to the position of
73.31teacher. The burden of establishing such relationship shall be upon the appointing officer
73.32in all proceedings and actions relating thereto.
73.33
new text begin (e) The governmental subdivision shall bear all administrative costs associated with new text end
73.34
new text begin the hearing. If the veteran prevails, the governmental subdivision shall pay the veteran's new text end
73.35
new text begin reasonable attorney fees.new text end
74.1
new text begin (f) new text end All officers, boards, commissions, and employees shall conform to, comply with,
74.2and aid in all proper ways in carrying into effect the provisions of section
197.455 and this
74.3section notwithstanding any laws, charter provisions, ordinances or rules to the contrary.
74.4Any willful violation of such sections by officers, officials, or employees is a misdemeanor.
74.5
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment new text end
74.6
new text begin and applies to all notices of intent to discharge issued on or after that date.new text end
74.7 Sec. 66.
new text begin [197.987] HONOR AND REMEMBER FLAG.new text end
74.8
new text begin Subdivision 1.new text end new text begin Legislative findings.new text end new text begin The legislature of the state of Minnesota finds new text end
74.9
new text begin and determines that:new text end
74.10
new text begin (1) since the Revolutionary War, more than 1,000,000 members of the United States new text end
74.11
new text begin armed forces have paid the ultimate price by sacrificing their lives in active military new text end
74.12
new text begin service for the United States of America;new text end
74.13
new text begin (2) the contribution made by those fallen members of the armed forces is deserving new text end
74.14
new text begin of state and national recognition; andnew text end
74.15
new text begin (3) the Honor and Remember Flag is an appropriate symbol that acknowledges the new text end
74.16
new text begin selfless sacrifice of those members of the United States armed forces. new text end
74.17
new text begin Subd. 2.new text end new text begin Designation.new text end new text begin The Honor and Remember Flag created by Honor and new text end
74.18
new text begin Remember, Inc., is designated as the symbol of our state's concern and commitment to new text end
74.19
new text begin honoring and remembering the lives of all members of the United States armed forces who new text end
74.20
new text begin have lost their lives in the line of duty while serving honorably in active military service new text end
74.21
new text begin in the United States armed forces or of a service-connected cause due to or aggravated new text end
74.22
new text begin by that service, as determined by the United States Department of Defense or the United new text end
74.23
new text begin States Department of Veterans Affairs.new text end
74.24
new text begin Subd. 3.new text end new text begin Suggested days for flag display.new text end new text begin (a) The chief administrator of each new text end
74.25
new text begin governmental building or facility within this state, as defined in paragraph (b), is new text end
74.26
new text begin encouraged to display the Honor and Remember Flag on the following days each year:new text end
74.27
new text begin (1) Armed Forces Day, the third Saturday in May;new text end
74.28
new text begin (2) Flag Day, June 14;new text end
74.29
new text begin (3) July 2nd and July 3rd, in remembrance of the 262 soldiers of the 1st Regiment new text end
74.30
new text begin Minnesota Volunteer Infantry who, at the Battle of Gettysburg during the American Civil new text end
74.31
new text begin War, fought so gallantly and successfully to repulse two major Confederate attacks on the new text end
74.32
new text begin main Union line, suffering over 80 percent casualties, thereby turning the battle and the new text end
74.33
new text begin war and helping to preserve the Union itself at that pivotal moment in our nation's history;new text end
74.34
new text begin (4) July 4th, Independence Day;new text end
74.35
new text begin (5) the third Friday of September, National POW/MIA Recognition Day;new text end
75.1
new text begin (6) November 11, Veterans Day;new text end
75.2
new text begin (7) July 27, Korean War Armistice Day; andnew text end
75.3
new text begin (8) March 29, Vietnam Veterans Day.new text end
75.4
new text begin (b) For purposes of this section, "governmental building or facility within this state" new text end
75.5
new text begin means the following locations:new text end
75.6
new text begin (1) the Minnesota State Capitol, the Office of the Governor and each other Minnesota new text end
75.7
new text begin constitutional office, the chambers of the Minnesota Senate and the Minnesota House of new text end
75.8
new text begin Representatives, the Minnesota Supreme Court Building and each Minnesota District new text end
75.9
new text begin Court House, as well as any official state of Minnesota veterans memorial, Minnesota new text end
75.10
new text begin veterans home, or Minnesota veterans cemetery;new text end
75.11
new text begin (2) to the extent authorized by federal law and regulation, any United States veterans new text end
75.12
new text begin cemetery, veterans memorial, post office, or other federal building, as well as any United new text end
75.13
new text begin States Department of Veterans Affairs medical center, veterans service center, and veterans new text end
75.14
new text begin community-based outreach center; andnew text end
75.15
new text begin (3) any appropriate local government building or facility, as determined by the new text end
75.16
new text begin governing body of that local government.new text end
75.17
new text begin Subd. 4.new text end new text begin Limitation.new text end new text begin This section may not be construed or interpreted to require new text end
75.18
new text begin any employee to report to work solely for the purpose of providing for the display of the new text end
75.19
new text begin Honor and Remember Flag or any other flag.new text end
75.20
new text begin Subd. 5.new text end new text begin Implementation.new text end new text begin If a governmental building or facility within this state new text end
75.21
new text begin opts to display the Honor and Remember Flag, the chief administrator of that facility shall new text end
75.22
new text begin prescribe procedures necessary for the display.new text end
75.23
new text begin Subd. 6.new text end new text begin Flag donation.new text end new text begin Any named public office or public official may accept a new text end
75.24
new text begin donation of one or more Honor and Remember Flags for the purpose of this section.new text end
75.25
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
75.26 Sec. 67. Minnesota Statutes 2014, section 211B.37, is amended to read:
75.27
211B.37 COSTS ASSESSED.
75.28Except as otherwise provided in section
211B.36, subdivision 3, the chief
75.29administrative law judge shall assess the cost of considering complaints filed under section
75.30211B.32
as provided in this section. Costs of complaints relating to a statewide ballot
75.31question or an election for a statewide or legislative office must be assessed against the
75.32appropriation from the general fund to the general account of the state elections campaign
75.33account in section
10A.31, subdivision 4new text begin paid from appropriations to the office for this new text end
76.1
new text begin purposenew text end . Costs of complaints relating to any other ballot question or elective office must
76.2be paid from appropriations to the office for this purpose.
76.3 Sec. 68. Minnesota Statutes 2014, section 240.01, subdivision 22, is amended to read:
76.4 Subd. 22.
Racing season. "Racing season" means that portion of the calendar
76.5year starting at the beginning of the day of the first live horse race conducted by the
76.6licensee and concluding at the end of the day of the last live horse race conducted by
76.7the licensee in any year.
76.8For purposes of this chapter, the racing season begins before the first Saturday in
76.9May and continues for not less than 25 consecutive weeks.
76.10
new text begin EFFECTIVE DATE.new text end new text begin This section is effective January 1, 2016.new text end
76.11 Sec. 69. Minnesota Statutes 2014, section 240.01, is amended by adding a subdivision
76.12to read:
76.13
new text begin Subd. 28.new text end new text begin Takeout.new text end new text begin "Takeout" means the total amount of money, excluding new text end
76.14
new text begin breakage, withheld from each pari-mutuel pool, as authorized by statute or rule.new text end
76.15 Sec. 70. Minnesota Statutes 2014, section 240.01, is amended by adding a subdivision
76.16to read:
76.17
new text begin Subd. 29.new text end new text begin Handlenew text end new text begin "Handle" means the aggregate of all pari-mutuel pools, excluding new text end
76.18
new text begin refundable wagers or cancellations.new text end
76.19 Sec. 71. Minnesota Statutes 2014, section 240.01, is amended by adding a subdivision
76.20to read:
76.21
new text begin Subd. 30.new text end new text begin Mixed meet.new text end new text begin "Mixed meet" means a racing day or series of racing days new text end
76.22
new text begin on which the racing of more than one breed of horse occurs.new text end
76.23 Sec. 72. Minnesota Statutes 2014, section 240.01, is amended by adding a subdivision
76.24to read:
76.25
new text begin Subd. 31.new text end new text begin Banked.new text end new text begin "Banked" means any game of chance that is played with the new text end
76.26
new text begin house as a participant in the game, where the house takes on all players, collects from all new text end
76.27
new text begin losers, and pays all winners, and the house can win.new text end
76.28 Sec. 73. Minnesota Statutes 2014, section 240.01, is amended by adding a subdivision
76.29to read:
77.1
new text begin Subd. 32.new text end new text begin Steward.new text end new text begin A "steward" means an official described in section 240.16. The new text end
77.2
new text begin term steward includes the terms "judge," "chief steward," and "presiding judge," and new text end
77.3
new text begin applies to stewards and judges of the commission or a class B licensee, but not to other new text end
77.4
new text begin racing officials, such as paddock or placement judges, who are employees or agents of new text end
77.5
new text begin a class B licensee.new text end
77.6 Sec. 74. Minnesota Statutes 2014, section 240.011, is amended to read:
77.7
240.011 APPOINTMENT OF DIRECTOR.
77.8The governor shall appoint the director of the Minnesota Racing Commission,
77.9who serves in the unclassified service at the governor's pleasure. The director must be
77.10a person qualified by experience in the administration and regulation of pari-mutuel
77.11racing
new text begin and training to possess the skills necessarynew text end to discharge the duties of the director.
77.12The governor must select a director from a list of one or more names submitted by the
77.13Minnesota Racing Commission.
77.14 Sec. 75. Minnesota Statutes 2014, section 240.03, is amended to read:
77.15
240.03 COMMISSION POWERS AND DUTIES.
77.16The commission has the following powers and duties:
77.17(1) to regulate horse racing in Minnesota to ensure that it is conducted in the public
77.18interest;
77.19(2) to issue licenses as provided in this chapter;
77.20(3) to enforce all laws and rules governing horse racing;
77.21(4) to collect and distribute all taxes provided for in this chapter;
77.22(5) to conduct necessary investigations and inquiries and
new text begin to issue subpoenas to new text end
77.23compel
new text begin the attendance of witnesses and new text end the submission of information, documents, and
77.24records
new text begin , and other evidencenew text end it deems necessary to carry out its duties;
77.25(6) to supervise the conduct of pari-mutuel betting on horse racing;
77.26(7) to employ and supervise personnel under this chapter;
77.27(8) to determine the number of racing days to be held in the state and at each
77.28licensed racetrack;
77.29(9) to take all necessary steps to ensure the integrity of racing in Minnesota; and
77.30(10) to impose fees on the racing and card playing industries sufficient to recover the
77.31operating costs of the commission with the approval of the legislature according to section
77.3216A.1283
. Notwithstanding section
16A.1283, when the legislature is not in session, the
77.33commissioner of management and budget may grant interim approval for any new fees
77.34or adjustments to existing fees that are not statutorily specified, until such time as the
78.1legislature reconvenes and acts upon the new fees or adjustments. As part of its biennial
78.2budget request, the commission must propose changes to its fees that will be sufficient to
78.3recover the operating costs of the commission.
78.4 Sec. 76. Minnesota Statutes 2014, section 240.08, subdivision 2, is amended to read:
78.5 Subd. 2.
Application. new text begin (a) new text end An application for a class C license must be on a form
78.6the commission prescribes and must be accompanied by an affidavit of qualification
78.7that the applicant:
78.8(a)
new text begin (1)new text end is not in default in the payment of an obligation or debt to the state under
78.9Laws 1983, chapter 214;
78.10(b)
new text begin (2)new text end does not have a felony conviction of record in a state or federal court and
78.11does not have a state or federal felony charge pending;
78.12(c)
new text begin (3)new text end is not and never has been connected with or engaged in an illegal business;
78.13(d)
new text begin (4)new text end has never been found guilty of fraud or misrepresentation in connection
78.14with racing or breeding;
78.15(e)
new text begin (5)new text end has never been found guilty of a violation of law or rule relating to horse
78.16racing, pari-mutuel betting or any other form of gambling which is a serious violation
78.17as defined by the commission's rules; and
78.18(f)
new text begin (6)new text end has never
new text begin been found to have new text end knowingly violated a rule or
new text begin annew text end order of the
78.19commission or a law
new text begin or rule new text end of Minnesota
new text begin or another jurisdictionnew text end relating to
new text begin horse new text end racing
new text begin , new text end
78.20
new text begin pari-mutuel betting, or any other form of gamblingnew text end .
78.21
new text begin (b) new text end The application must also contain an irrevocable consent statement, to be signed
78.22by the applicant, which states that suits and actions relating to the subject matter of the
78.23application or acts or omissions arising from it may be commenced against the applicant in
78.24any court of competent jurisdiction in this state by the service on the secretary of state of
78.25any summons, process, or pleading authorized by the laws of this state. If any summons,
78.26process, or pleading is served upon the secretary of state, it must be by duplicate copies.
78.27One copy must be retained in the Office of the Secretary of State and the other copy must
78.28be forwarded immediately by certified mail to the address of the applicant, as shown by
78.29the records of the commission.
78.30 Sec. 77. Minnesota Statutes 2014, section 240.08, subdivision 4, is amended to read:
78.31 Subd. 4.
License issuance and renewal. If the commission determines that
78.32the applicant is qualified for the occupation for which licensing is sought and will
78.33not adversely affect the public health, welfare, and safety or the integrity of racing in
78.34Minnesota, it may issue a class C license to the applicant. If it makes a similar finding for
79.1a renewal of a class C license it may renew the license. Class C licenses are effective for
79.2one year.
new text begin until December 31 of the calendar year for which they are issued. Certain types new text end
79.3
new text begin of class C licenses, to be determined by the commission, are effective until December 31 new text end
79.4
new text begin of the third calendar year for which they have been issued.new text end
79.5
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2015.new text end
79.6 Sec. 78. Minnesota Statutes 2014, section 240.08, subdivision 5, is amended to read:
79.7 Subd. 5.
Revocation and suspension. new text begin (a) new text end The commission may revoke a class C
79.8license for a violation of law or rule which in the commission's opinion adversely affects
79.9the integrity of horse racing in Minnesota,
new text begin the public health, welfare, or safety, new text end or for an
79.10intentional false statement made in a license application.
79.11The commission may suspend a class C license for up to one year for a violation of
79.12law, order or rule.
79.13The commission may delegate to its designated agents the authority to impose
79.14suspensions of class C licenses, and the
new text begin revocation ornew text end suspension
new text begin of a class C license new text end may
79.15be appealed to the commission according to its rules.
79.16
new text begin (b) new text end A license revocation or suspension for more than 90 days is a contested case
79.17under sections
14.57 to
14.69 of the Administrative Procedure Act and is in addition to
79.18criminal penalties imposed for a violation of law or rule. The commission may summarily
79.19suspend a license for more than 90 days prior to a contested case hearing where it is
79.20necessary to ensure the integrity of racing
new text begin or to protect the public health, welfare, or safetynew text end .
79.21A contested case hearing must be held within 20
new text begin 30new text end days of the summary suspension and
79.22the administrative law judge's report must be issued within 20
new text begin 30new text end days from the close of
79.23the hearing record. In all cases involving summary suspension the commission must issue
79.24its final decision within 30 days from receipt of the report of the administrative law judge
79.25and subsequent exceptions and argument under section
14.61.
79.26 Sec. 79. Minnesota Statutes 2014, section 240.10, is amended to read:
79.27
240.10 LICENSE FEES.
79.28The fee for a class A license is $253,000 per year and must be remitted on July 1.
79.29The fee for a class B license is $500 for each assigned racing day and $100 for each day
79.30on which simulcasting is authorized and must be remitted on July 1. Included herein are
79.31all days assigned to be conducted after January 1, 2003. The fee for a class D license is
79.32$50 for each assigned racing day on which racing is actually conducted. Fees imposed on
80.1class D licenses must be paid to the commission at a time and in a manner as provided by
80.2rule of the commission.
80.3The commission shall by rule establish an annual license fee for each occupation it
80.4licenses under section
240.08 but no annual fee for a class C license may exceed $100.
80.5
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2015.new text end
80.6 Sec. 80. Minnesota Statutes 2014, section 240.13, subdivision 5, is amended to read:
80.7 Subd. 5.
Purses. (a) From the amounts deducted from all pari-mutuel pools by a
80.8licensee, an amount equal to not less than the following percentages of all money in all
80.9pools must be set aside by the licensee and used for purses for races conducted by the
80.10licensee, provided that a licensee may agree by contract with an organization representing
80.11a majority of the horsepersons racing the breed involved to set aside amounts in addition
80.12to the following percentages
new text begin , if the contract is in writing and filed with the commissionnew text end :
80.13(1) for live races conducted at a class A facility, and for races that are part of full
80.14racing card simulcasting that takes place within the time period of the live races, 8.4
80.15percent
new text begin of handlenew text end ;
80.16(2) for simulcasts conducted during the racing season other than as provided for in
80.17clause (1), 50 percent of the takeout remaining after deduction for taxes on pari-mutuel
80.18pools, payment to the breeders fund, and payment to the sending out-of-state racetrack for
80.19receipt of the signal; and
80.20(3)
new text begin (2)new text end for simulcasts conducted outside of the racing season, 25
new text begin any day a class A new text end
80.21
new text begin facility is licensed, not less than 37new text end percent of the takeout remaining after deduction for the
80.22state pari-mutuel tax, payment to the breeders fund,
new text begin and new text end payment to the sending out-of-state
80.23racetrack for receipt of the signal and, before January 1, 2005, a further deduction of
80.24eight percent of all money in all pools. In the event that wagering on simulcasts outside
80.25of the racing season exceeds $125 million in any calendar year, the amount set aside for
80.26purses by this formula is increased to 30 percent on amounts between $125,000,000 and
80.27$150,000,000 wagered; 40 percent on amounts between $150,000,000 and $175,000,000
80.28wagered; and 50 percent on amounts in excess of $175,000,000 wagered. In lieu of
80.29the eight percent deduction, A deduction as agreed to between the licensee and the
80.30horsepersons' organization representing the majority of horsepersons racing at the licensee's
80.31class A facility during the preceding 12 months, is allowed after December 31, 2004.
80.32The commission may by rule provide for the administration and enforcement of
80.33this subdivision. The deductions for payment to the sending out-of-state racetrack must
80.34be actual, except that when there exists any overlap of ownership, control, or interest
80.35between the sending out-of-state racetrack and the receiving licensee, the deduction
81.1must not be greater than three percent unless agreed to between the licensee and the
81.2horsepersons' organization representing the majority of horsepersons racing the breed
81.3racing the majority of races during the existing racing meeting or, if outside of the racing
81.4season, during the most recent racing meeting.
81.5In lieu of the amount the licensee must pay to the commission for deposit in the
81.6Minnesota breeders fund under section
240.15, subdivision 1, The licensee shall pay
new text begin to the new text end
81.7
new text begin commission for deposit in the Minnesota breeders fundnew text end 5-1/2 percent of the takeout from
81.8all pari-mutuel pools generated by wagering at the licensee's facility on full racing card
81.9simulcasts of races not conducted in this state.
81.10(b) From the money set aside for purses, the licensee shall pay to the horseperson's
81.11organization representing the majority of the horsepersons racing the breed involved
81.12and contracting with the licensee with respect to purses and the conduct of the racing
81.13meetings and providing representation
new text begin to its membersnew text end ,
new text begin an amount as may be determined new text end
81.14
new text begin by agreement by the licensee and the horsepersons' organization sufficient to provide new text end
81.15benevolent programs, benefits, and services for horsepersons and their on-track employees,
81.16an amount, sufficient to perform these services, as may be determined by agreement by
81.17the licensee and the horseperson's organization. The amount paid may be deducted only
81.18from the money set aside for purses to be paid in races for the breed represented by the
81.19horseperson's organization. With respect to racing meetings where more than one breed
81.20is racing, the licensee may contract independently with the horseperson's organization
81.21representing each breed racing.
81.22(c) Notwithstanding sections
325D.49 to
325D.66, a horseperson's organization
81.23representing the majority of the horsepersons racing a breed at a meeting, and the members
81.24thereof, may agree to withhold horses during a meeting.
81.25(d) Money set aside for purses from wagering, during the racing season, on
81.26simulcasts must be used for purses for live races conducted at the licensee's class A facility
81.27during the same racing season, over and above the 8.4 percent purse requirement or any
81.28higher requirement to which the parties agree, for races conducted in this state. Money
81.29set aside for purses from wagering, outside of the racing season, on simulcasts must be
81.30for purses for live races conducted at the licensee's class A facility during the next racing
81.31season, over and above the 8.4 percent purse requirement or any higher requirement to
81.32which the parties agree, for races conducted in this state.
81.33(e)
new text begin (d)new text end Money set aside for purses from wagering on simulcasts must be used for
81.34purses for live races involving the same breed involved in the simulcast except that money
81.35set aside for purses and payments to the breeders fund from wagering on full racing card
81.36simulcasts of races not conducted in this state, occurring during a live mixed meet, must
82.1be allotted to the purses and breeders fund for each breed participating in the mixed meet
82.2
new text begin as agreed upon by the breed organizations participating in the live mixed meet. The new text end
82.3
new text begin agreement shall be in writing and filed with the commission prior to the first day of the live new text end
82.4
new text begin mixed meet. In the absence of a written agreement filed with the commission, the money new text end
82.5
new text begin set aside for purses and payments to the breeders fund from wagering on simulcasts, new text end
82.6
new text begin occurring during a live mixed meet, shall be allotted to each breed participating in the live new text end
82.7
new text begin mixed meet new text end in the same proportion that the number of live races run by each breed bears
82.8to the total number of live races conducted during the period of the mixed meet.
82.9(f)
new text begin (e)new text end The allocation of money set aside for purses to particular racing meets may be
82.10adjusted, relative to overpayments and underpayments, by contract between the licensee
82.11and the horsepersons' organization representing the majority of horsepersons racing the
82.12breed involved at the licensee's facility.
82.13(g)
new text begin (f)new text end Subject to the provisions of this chapter, money set aside from pari-mutuel
82.14pools for purses must be for the breed involved in the race that generated the pool, except
82.15that if the breed involved in the race generating the pari-mutuel pool is not racing in the
82.16current racing meeting, or has not raced within the preceding 12 months at the licensee's
82.17class A facility, money set aside for purses may be distributed proportionately to those
82.18breeds that have run during the preceding 12 months or paid to the commission and
82.19used for purses or to promote racing for the breed involved in the race generating the
82.20pari-mutuel pool, or both, in a manner prescribed by the commission.
82.21(h)
new text begin (g)new text end This subdivision does not apply to a class D licensee.
82.22
new text begin EFFECTIVE DATE.new text end new text begin This section is effective January 1, 2016.new text end
82.23 Sec. 81. Minnesota Statutes 2014, section 240.13, subdivision 6, is amended to read:
82.24 Subd. 6.
Simulcasting. (a) The commission may permit an authorized licensee to
82.25conduct simulcasting at the licensee's facility on any day authorized by the commission.
82.26All simulcasts must comply with the Interstate Horse Racing Act of 1978, United States
82.27Code, title 15, sections 3001 to 3007.
82.28(b) The commission may not authorize any day for simulcasting at a class A facility
82.29during the racing season, and a licensee may not be allowed to transmit out-of-state
82.30telecasts of races the licensee conducts, unless the licensee has obtained the approval of
82.31the horsepersons' organization representing the majority of the horsepersons racing the
82.32breed involved at the licensed racetrack during the preceding 12 months. In the case of
82.33a class A facility licensed under section
240.06, subdivision 5a, the approval applicable
82.34to the first year of the racetrack's operation may be obtained from the horsepersons'
83.1organization that represents the majority of horsepersons who will race the breed involved
83.2at the licensed racetrack during the first year of the racetrack's operation.
83.3(c) The licensee may pay fees and costs to an entity transmitting a telecast of a
83.4race to the licensee for purposes of conducting pari-mutuel wagering on the race. The
83.5licensee may deduct fees and costs related to the receipt of televised transmissions from a
83.6pari-mutuel pool on the televised race, provided that one-half of any amount recouped in
83.7this manner must be added to the amounts required to be set aside for purses.
83.8(d) With the approval of the commission and subject to the provisions of this
83.9subdivision, a licensee may transmit telecasts of races it conducts, for wagering purposes,
83.10to locations outside the state, and the commission may allow this to be done on a
83.11commingled pool basis.
83.12(e) Except as otherwise provided in this section, simulcasting may be conducted on a
83.13separate
new text begin comminglednew text end pool basis or, with the approval of the commission, on a commingled
83.14
new text begin separatenew text end pool basis. All provisions of law governing pari-mutuel betting apply to
83.15simulcasting except as otherwise provided in this subdivision or in the commission's
83.16rules. If pools are commingled, wagering at the licensed facility must be on equipment
83.17electronically linked with the equipment at the licensee's class A facility or with the
83.18sending racetrack via the totalizator computer at the licensee's class A facility. Subject to
83.19the approval of the commission, the types of betting, takeout, and distribution of winnings
83.20on commingled pari-mutuel pools are those in effect at the sending racetrack. Breakage
83.21for pari-mutuel pools on a televised race must be calculated in accordance with the law or
83.22rules governing the sending racetrack for these pools, and must be distributed in a manner
83.23agreed to between the licensee and the sending racetrack. Notwithstanding subdivision 7
83.24and section
240.15, subdivision 5, the commission may approve procedures governing the
83.25definition and disposition of unclaimed tickets that are consistent with the law and rules
83.26governing unclaimed tickets at the sending racetrack. For the purposes of this section,
83.27"sending racetrack" is either the racetrack outside of this state where the horse race is
83.28conducted or, with the consent of the racetrack, an alternative facility that serves as the
83.29racetrack for the purpose of commingling pools.
83.30(f) Except as otherwise provided in section
240.06, subdivision 5b, paragraph (2),
83.31if there is more than one class B licensee conducting racing within the seven-county
83.32metropolitan area, simulcasting may be conducted only on races run by a breed that ran at
83.33the licensee's class A facility within the 12 months preceding the event.
83.34 Sec. 82. Minnesota Statutes 2014, section 240.135, is amended to read:
83.35
240.135 CARD CLUB REVENUE.
84.1(a) From the amounts received from charges authorized under section
240.30,
84.2subdivision 4
, the licensee shall set aside the amounts specified in this section to be
84.3used for purse payments. These amounts are in addition to the breeders fund and purse
84.4requirements set forth elsewhere in this chapter.
84.5(1) For amounts between zero and $6,000,000, the licensee shall set aside
new text begin not less new text end
84.6
new text begin than new text end ten percent to be used as purses.
84.7(2) For amounts in excess of $6,000,000, the licensee shall set aside
new text begin not less than new text end
84.814 percent to be used as purses.
84.9(b) From all amounts set aside under paragraph (a), the licensee shall set aside
84.10ten percent to be deposited in the breeders fund. The licensee and the horseperson's
84.11organization representing the majority of horsepersons who have raced at the racetrack
84.12during the preceding 12 months may negotiate percentages different from those stated in
84.13this section if the agreement is in writing and filed with the Racing Commission.
84.14(c) It is the intent of the legislature that the proceeds of the card playing activities
84.15authorized by this chapter be used to improve the horse racing industry by improving purses.
84.16
new text begin The licensee and the horseperson's organization representing the majority of horsepersons new text end
84.17
new text begin who have raced at the racetrack during the preceding 12 months may negotiate percentages new text end
84.18
new text begin that exceed those stated in this section if the agreement is in writing and filed with the new text end
84.19
new text begin commission.new text end The commission shall annually review the financial details of card playing
84.20activities and determine if the present use of card playing proceeds is consistent with the
84.21policy established by this paragraph. If the commission determines that the use of the
84.22proceeds does not comply with the policy set forth herein, then the commission shall direct
84.23the parties to make the changes necessary to ensure compliance. If these changes require
84.24legislation, the commission shall make the appropriate recommendations to the legislature.
84.25 Sec. 83. Minnesota Statutes 2014, section 240.15, subdivision 1, is amended to read:
84.26 Subdivision 1.
Taxes imposed. (a) There is imposed a tax at the rate of six percent
84.27of the amount in excess of $12,000,000 annually withheld from all pari-mutuel pools by
84.28the licensee, including breakage and amounts withheld under section
240.13, subdivision
84.294
. For the purpose of this subdivision, "annually" is the period from July 1 to June 30 of
84.30the next year.
84.31In addition to the above tax, the licensee must designate and pay to the commission
84.32a tax of one percent of the total amount bet on each racing day
new text begin handle for live races new text end
84.33
new text begin conducted at a class A facilitynew text end , for deposit in the Minnesota breeders fund.
84.34The taxes imposed by this clause must be paid from the amounts permitted to be
84.35withheld by a licensee under section
240.13, subdivision 4.
85.1(b) The commission may impose an admissions tax of not more than ten cents on
85.2each paid admission at a licensed racetrack on a racing day if:
85.3(1) the tax is requested by a local unit of government within whose borders the
85.4track is located;
85.5(2) a public hearing is held on the request; and
85.6(3) the commission finds that the local unit of government requesting the tax is in
85.7need of its revenue to meet extraordinary expenses caused by the racetrack.
85.8 Sec. 84. Minnesota Statutes 2014, section 240.15, subdivision 6, is amended to read:
85.9 Subd. 6.
Disposition of proceeds; account. The commission shall distribute all
85.10money received under this section, and all money received from license fees and fines it
85.11collects, according to this subdivision. All money designated for deposit in the Minnesota
85.12breeders fund must be paid into that fund for distribution under section
240.18 except that
85.13all money generated by full racing card simulcasts must be distributed as provided in
85.14section
240.18, subdivisions 2, paragraph (d), clauses (1), (2), and (3); and 3. Revenue
85.15from an admissions tax imposed under subdivision 1 must be paid to the local unit of
85.16government at whose request it was imposed, at times and in a manner the commission
85.17determines. Taxes received under this section and fines collected under section
240.22
85.18must be paid to the commissioner of management and budget for deposit in the general
85.19fund. All revenues from licenses and other fees imposed by the commission must be
85.20deposited in the state treasury and credited to a racing and card playing regulation account
85.21in the special revenue fund. Receipts in this account are available for the operations of the
85.22commission up to the amount authorized in biennial appropriations from the legislature.
85.23 Sec. 85. Minnesota Statutes 2014, section 240.16, subdivision 1, is amended to read:
85.24 Subdivision 1.
Powers and duties. All horse races run at a licensed racetrack must
85.25be presided over by a board of three stewards, who must be appointees of the commission or
85.26persons approved by it. The commission shall designate one steward as chair. At least two
85.27stewards for all races either shall be employees of the commission who shall serve in the
85.28unclassified service, or shall be under contract with the commission to serve as stewards.
85.29The commission may delegate the following duties and powers to a board of stewards:
85.30(a) to ensure that races are run in accordance with the commission's rules;
85.31(b) to supervise the conduct of racing to ensure the integrity of the sport;
85.32(c) to settle disputes arising from the running of horse races, and to certify official
85.33results;
86.1(d) to impose on licensees, for violation of law or commission rules, fines not
86.2exceeding $2,000
new text begin $5,000new text end and license suspensions not exceeding 90 days;
86.3(e) to recommend to the commission where warranted penalties in excess of those
86.4in clause (d);
86.5(f) to otherwise enforce the laws and rules of racing; and
86.6(g) to perform other duties and have other powers assigned by the commission.
86.7 Sec. 86. Minnesota Statutes 2014, section 240.22, is amended to read:
86.8
240.22 FINES.
86.9
new text begin (a) new text end The commission shall by rule establish a graduated schedule of civil fines for
86.10violations of laws related to horse racing or of the commission's rules. The schedule
86.11must include minimum and maximum fines for each violation and be based on and
86.12reflect the culpability, frequency and severity of the violator's actions. The commission
86.13may impose a fine from this schedule on a licensee for a violation of those rules or laws
86.14relating to horse racing. The fine is in addition to any criminal penalty imposed for the
86.15same violation. Fines imposed by the commission must be paid to the commission and
86.16
new text begin except as provided in paragraph (b), new text end forwarded to the commissioner of management and
86.17budget for deposit in the general fund. A fine in excess of $2,000
new text begin $5,000new text end is a contested
86.18case under the Administrative Procedure Act.
86.19
new text begin (b) If the commission is the prevailing party in a contested case proceeding, the new text end
86.20
new text begin commission may recover, from amounts to be forwarded under paragraph (a), reasonable new text end
86.21
new text begin attorney fees and costs associated with the contested case.new text end
86.22
new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2016.new text end
86.23 Sec. 87. Minnesota Statutes 2014, section 240.23, is amended to read:
86.24
240.23 RULEMAKING AUTHORITY.
86.25The commission has the authority, in addition to all other rulemaking authority
86.26granted elsewhere in this chapter to promulgate rules governing:
86.27(a) the conduct of horse races held at licensed racetracks in Minnesota, including but
86.28not limited to the rules of racing, standards of entry, operation of claiming races, filing and
86.29handling of objections, carrying of weights, and declaration of official results;
86.30(b) wire
new text begin wired and wirelessnew text end communications between the premises of a licensed
86.31racetrack and any place outside the premises;
86.32(c) information on horse races which is sold on the premises of a licensed racetrack;
87.1(d) liability insurance which it may require of all class A, class B, and class D
87.2licensees;
87.3(e) the auditing of the books and records of a licensee by an auditor employed
87.4or appointed by the commission;
87.5(f) emergency action plans maintained by licensed racetracks and their periodic
87.6review;
87.7(g) safety, security, and sanitation of stabling facilities at licensed racetracks;
87.8(h) entry fees and other funds received by a licensee in the course of conducting
87.9racing which the commission determines must be placed in escrow accounts;
87.10(i) affirmative action in employment and contracting by class A, class B, and class D
87.11licensees; and
87.12
new text begin (j) procedures for the sampling and testing of any horse that is eligible to race in new text end
87.13
new text begin Minnesota for substances or practices that are prohibited by law or rule; andnew text end
87.14(j)
new text begin (k)new text end any other aspect of horse racing or pari-mutuel betting which in its opinion
87.15affects the integrity of racing or the public health, welfare, or safety.
87.16Rules of the commission are subject to chapter 14, the Administrative Procedure Act.
87.17
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
87.18 Sec. 88. Minnesota Statutes 2014, section 272.484, is amended to read:
87.19
272.484 FEES.
87.20The fee for filing and indexing each notice of lien or certificate or notice affecting
87.21the lien is:
87.22(1) for a lien, certificate of discharge or subordination, and for all other notices,
87.23including a certificate of release or nonattachment filed with the secretary of state, the fee
87.24provided by section
336.9-525, except that the filing fee charged to the district directors
87.25of internal revenue for filing a federal tax lien is $15 for up to two debtor names and
87.26$15 for each additional name;
new text begin andnew text end
87.27(2) for a lien, certificate of discharge or subordination, and for all other notices,
87.28including a certificate of release or nonattachment filed with the county recorder, the fee
87.29for filing a real estate mortgage in the county where filed.
87.30The officer shall bill the district directors of internal revenue or other appropriate
87.31federal officials on a monthly basis for fees for documents filed by them.
87.32 Sec. 89. Minnesota Statutes 2014, section 298.22, subdivision 1, is amended to read:
88.1 Subdivision 1.
The Office of the Commissioner of Iron Range resources
88.2
and rehabilitation. (a) The Office of the Commissioner of Iron Range resources and
88.3rehabilitation is created as an agency in the executive branch of state government. The
88.4governor shall appoint the commissioner of Iron Range resources and rehabilitation under
88.5section
15.06.
88.6(b) The commissioner may hold other positions or appointments that are not
88.7incompatible with duties as commissioner of Iron Range resources and rehabilitation. The
88.8commissioner may appoint a deputy commissioner. All expenses of the commissioner,
88.9including the payment of staff and other assistance as may be necessary, must be paid
88.10out of the amounts appropriated by section
298.28 or otherwise made available by law
88.11to the commissioner. Notwithstanding chapters 16A, 16B, and 16C, the commissioner
88.12may utilize contracting options available under section
when the commissioner
88.13determines it is in the best interest of the agency. The agency is not subject to sections
88.14 and
.
88.15(c) When the commissioner determines that distress and unemployment exists or
88.16may exist in the future in any county by reason of the removal of natural resources or
88.17a possibly limited use of natural resources in the future and any resulting decrease in
88.18employment, the commissioner may use whatever amounts of the appropriation made to
88.19the commissioner of revenue in section
298.28 that are determined to be necessary and
88.20proper in the development of the remaining resources of the county and in the vocational
88.21training and rehabilitation of its residents, except that the amount needed to cover cost
88.22overruns awarded to a contractor by an arbitrator in relation to a contract awarded by
88.23the commissioner or in effect after July 1, 1985, is appropriated from the general fund.
88.24For the purposes of this section, "development of remaining resources" includes, but is
88.25not limited to, the promotion of tourism.
88.26 Sec. 90. Minnesota Statutes 2014, section 303.19, is amended to read:
88.27
303.19 REINSTATEMENT.
88.28 Subdivision 1.
Applicationnew text begin Required filingnew text end . Any foreign corporation whose
88.29certificate of authority to do business in this state shall have been revoked or canceled may
88.30file
new text begin reinstate that authority by filing an annual renewal and the fee required by subdivision new text end
88.31
new text begin 2new text end with the secretary of state an application for reinstatement. Such application shall be
88.32on forms prescribed by the secretary of state, shall contain all the matters required to be
88.33set forth in an original application for a certificate of authority, and such other pertinent
88.34information as may be required by the secretary of state.
new text begin If any of the information in the new text end
88.35
new text begin original application for authority has changed, the foreign corporation must also file an new text end
89.1
new text begin amended certificate setting forth the currently accurate information, with the fee required new text end
89.2
new text begin by section 303.21, subdivision 3.new text end
89.3 Subd. 2.
Fee. If the certificate of authority was revoked by the secretary of state
89.4pursuant to section
303.17, the corporation shall pay to the commissioner of management
89.5and budget $250 before it may be reinstated.
89.6If the certificate of authority was canceled
new text begin ornew text end by a judgment pursuant to section
89.7303.18
, the corporation shall pay to the commissioner of management and budget $500
89.8before it may be reinstated.
89.9 Subd. 3.
Certificate of reinstatement. Upon the filing of the application and upon
89.10payment of all penalties, fees and charges required by law, not including an initial license
89.11fee or additional license fees to the extent that they have previously been paid by the
89.12corporation
new text begin the fees imposed by this sectionnew text end , the secretary of state shall reinstate the
89.13license of the corporation.
89.14 Sec. 91. Minnesota Statutes 2014, section 304A.301, subdivision 1, is amended to read:
89.15 Subdivision 1.
Report required. No later than 90 days after the conclusion of
89.16each calendar year
new text begin Before each April 1new text end , a public benefit corporation must deliver to the
89.17secretary of state for filing an annual benefit report covering the 12-month period ending
89.18on December 31 of that
new text begin the previousnew text end year and pay a fee of $35 to the secretary of state.
89.19The annual benefit report must state the name of the public benefit corporation, be signed
89.20by the public benefit corporation's chief executive officer not more than 30 days before the
89.21report is delivered to the secretary of state for filing, and must be current when signed.
89.22 Sec. 92. Minnesota Statutes 2014, section 304A.301, subdivision 5, is amended to read:
89.23 Subd. 5.
Failure to file an annual benefit report. If a public benefit corporation
89.24fails to file an
new text begin , before April 1 of any calendar year, thenew text end annual benefit report in accordance
89.25with this section within 90 days of the date on which an annual benefit report is due
89.26
new text begin required by this sectionnew text end , the secretary of state shall revoke the corporation's status as a
89.27public benefit corporation under this chapter and must notify the public benefit corporation
89.28of the revocation using the information provided by the corporation pursuant to section
89.295.002
or
5.34 or provided in the articles.
89.30 Sec. 93. Minnesota Statutes 2014, section 304A.301, subdivision 6, is amended to read:
89.31 Subd. 6.
Effects of revocation; reinstatement. (a) A public benefit corporation
89.32that has lost its public benefit corporation status for failure to timely file an annual benefit
89.33report
new text begin or by terminating that status pursuant to section 304A.103 new text end is not entitled to the
90.1benefits afforded to a public benefit corporation under this chapter as of the date of
90.2revocation
new text begin or termination and must amend the articles of incorporation to reflect a name new text end
90.3
new text begin compliant with section 302A.115, but which does not include the corporate designation new text end
90.4
new text begin provided for in section 304A.101, subdivision 2new text end .
90.5(b) Within 30 days of issuance of revocation of public benefit corporation status by
90.6the secretary of state, filing a renewal complying with this section and a $500 fee with
90.7the secretary of state will reinstate the corporation as a public benefit corporation under
90.8this chapter as of the date of revocation.
90.9 Sec. 94. Minnesota Statutes 2014, section 304A.301, is amended by adding a
90.10subdivision to read:
90.11
new text begin Subd. 8.new text end new text begin Failure to change corporate name.new text end new text begin The duration of a corporation that has new text end
90.12
new text begin had public benefit status terminated or revoked and which fails to change the corporate new text end
90.13
new text begin name as provided in subdivision 6 expires automatically 30 days after termination or new text end
90.14
new text begin revocation of the public benefit corporation status.new text end
90.15 Sec. 95. Minnesota Statutes 2014, section 326A.01, subdivision 2, is amended to read:
90.16 Subd. 2.
Attest. "Attest" means to provide
new text begin providing any ofnew text end the following financial
90.17statement services:
90.18(1) an audit or other engagement performed in accordance with the Statements on
90.19Auditing Standards (SAS);
90.20(2) a review of a financial statement performed in accordance with the Statements on
90.21Standards for Accounting and Review Services (SSARS);
90.22(3) an examination of prospective financial information performed in accordance
90.23with the Statements on Standards for Attestation Engagements (SSAE); and
90.24(4) any
new text begin annew text end engagement performed in accordance with auditing and related
new text begin the new text end
90.25standards of the Public Company Accounting Oversight Board
new text begin (PCAOB); andnew text end
90.26
new text begin (5) an examination, review, or agreed-upon procedures engagement performed in new text end
90.27
new text begin accordance with SSAE, other than an examination described in clause (3)new text end .
90.28 Sec. 96. Minnesota Statutes 2014, section 326A.01, subdivision 12, is amended to read:
90.29 Subd. 12.
Peer review. "Peer review" means an independent study, appraisal, or
90.30review of one or more aspects of the professional work of a licensee
new text begin or CPA firm new text end that
90.31issues attest or compilation reports, or the professional work of a person registered under
90.32section
326A.06, paragraph (b), by persons who are not affiliated with the licensee
new text begin or new text end
90.33
new text begin CPA firm new text end being reviewed.
91.1 Sec. 97. Minnesota Statutes 2014, section 326A.01, subdivision 13a, is amended to read:
91.2 Subd. 13a.
Principal place of business. "Principal place of business" means the
91.3office location designated by the licensee for purposes of substantial equivalency and
91.4reciprocity in this state and in other states.
91.5 Sec. 98. Minnesota Statutes 2014, section 326A.01, subdivision 15, is amended to read:
91.6 Subd. 15.
Report. "Report," when used with reference to financial statements
new text begin an new text end
91.7
new text begin attest or compilation servicenew text end , means an opinion, report, or other form of language that
91.8states or implies assurance as to the reliability of any
new text begin the attested information or compiled new text end
91.9financial statements and that also includes or is accompanied by a statement or implication
91.10that the person or firm issuing it has special knowledge or competence in accounting or
91.11auditing. Such a statement or implication of special knowledge or competence may arise
91.12from use by the issuer of the report of names or titles indicating that the person or firm is an
91.13accountant or auditor, or from the language of the report itself. The term "report" includes
91.14any form of language that disclaims an opinion when the form of language is conventionally
91.15understood to imply any positive assurance as to the reliability of the
new text begin attested information new text end
91.16
new text begin or compiled new text end financial statements referred to or special competence on the part of the person
91.17or firm issuing the language. It includes any other form of language that is conventionally
91.18understood to imply such assurance or such special knowledge or competence.
91.19 Sec. 99. Minnesota Statutes 2014, section 326A.01, subdivision 16, is amended to read:
91.20 Subd. 16.
State. "State" means any state of the United States, the District of
91.21Columbia, Puerto Rico, the U.S. Virgin Islands,
new text begin the Commonwealth of the Northern new text end
91.22
new text begin Mariana Islands, new text end and Guam; except that "this state" means the state of Minnesota.
91.23 Sec. 100. Minnesota Statutes 2014, section 326A.02, subdivision 3, is amended to read:
91.24 Subd. 3.
Officers; proceedings. The board shall elect one of its number
new text begin members new text end
91.25as chair, another as vice-chair, and another as secretary and treasurer. The officers shall
91.26hold their respective offices for a term of one year and until their successors are elected.
91.27The affirmative vote of a majority of the qualified members of the board, or a majority of
91.28a quorum of the board at any meeting duly called, is considered the action of the board.
91.29The board shall meet at such times and places as may be fixed by the board. Meetings
91.30of the board are subject to chapter 13D. A majority of the board members then in office
91.31constitutes a quorum at any meeting duly called. The board shall retain or arrange for the
91.32retention of all applications and all documents under oath that are filed with the board and
91.33also records of its proceedings, and it shall maintain a registry of the names and addresses
92.1of all licensees and registrants under this chapter. In any proceeding in court, civil or
92.2criminal, arising out of or founded upon any provision of this chapter, copies of records of
92.3the proceeding certified as true copies by the board chair or executive director shall be
92.4admissible in evidence as tending to prove the contents of the records.
92.5 Sec. 101. Minnesota Statutes 2014, section 326A.02, subdivision 5, is amended to read:
92.6 Subd. 5.
Rules. The board may adopt rules governing its administration and
92.7enforcement of this chapter and the conduct of licensees and persons registered under
92.8section
326A.06, paragraph (b), including:
92.9(1) rules governing the board's meetings and the conduct of its business;
92.10(2) rules of procedure governing the conduct of investigations and hearings and
92.11discipline by the board;
92.12(3) rules specifying the educational and experience qualifications required for the
92.13issuance of certificates and the continuing professional education required for renewal
92.14of certificates;
92.15(4) rules of professional conduct directed to controlling the quality and probity
92.16of services by licensees, and dealing among other things with independence, integrity,
92.17and objectivity; competence and technical standards; and responsibilities to the public
92.18and to clients;
92.19(5) rules governing the professional standards applicable to licensees including
92.20adoption of the standards specified in section
326A.01, subdivision 2, and as developed
92.21for general application by recognized national accountancy organizations such as the
92.22American Institute of Certified Public Accountants or the Public Company Accounting
92.23Oversight Board;
92.24
new text begin (6) rules that incorporate by reference the standards for attesting listed in section new text end
92.25
new text begin 326A.01, subdivision 2, that are consistent with the standards of general applicability new text end
92.26
new text begin recognized by national accountancy organizations, including the American Institute of new text end
92.27
new text begin Certified Public Accountants and the Public Company Accounting Oversight Board;new text end
92.28(6)
new text begin (7)new text end rules governing the manner and circumstances of use of the titles "certified
92.29public accountant," "CPA," "registered accounting practitioner," and "RAP";
92.30(7)
new text begin (8)new text end rules regarding peer review that may be required to be performed under
92.31provisions of this chapter;
92.32(8)
new text begin (9)new text end rules on substantial equivalence to implement section
326A.14;
92.33(9)
new text begin (10)new text end rules regarding the conduct of the certified public accountant examination;
92.34(10)
new text begin (11)new text end rules regarding the issuance and renewals of certificates, permits, and
92.35registrations;
93.1(11)
new text begin (12)new text end rules regarding transition provisions to implement this chapter;
93.2(12)
new text begin (13)new text end rules specifying the educational and experience qualifications for
93.3registration, rules of professional conduct, rules regarding peer review, rules governing
93.4standards for providing services, and rules regarding the conduct and content of
93.5examination for those persons registered under section
326A.06, paragraph (b);
93.6(13)
new text begin (14)new text end rules regarding fees for examinations, certificate issuance and renewal,
93.7firm permits, registrations under section
326A.06, paragraph (b), notifications made under
93.8section
326A.14, and late processing fees; and
93.9(14)
new text begin (15)new text end upon any change to this chapter, if the board determines a change in
93.10Minnesota Rules is required, the board may initiate the expedited process under section
93.1114.389
up to one year after the effective date of the change to this chapter.
93.12 Sec. 102. Minnesota Statutes 2014, section 326A.05, subdivision 1, is amended to read:
93.13 Subdivision 1.
General. The board shall grant or renew permits to practice as
93.14a CPA firm to entities that make application and demonstrate their qualifications in
93.15accordance with this section.
93.16(a) The following must hold a permit issued under this section:
93.17(1) any firm with an office in this state performing attest services as defined in
93.18section
326A.01, subdivision 2;
93.19(2) to the extent required by section
326A.10, paragraph (k), any firm with an office
93.20in this state performing compilation services as defined in section
326A.01, subdivision 6;
93.21(3) any firm with an office in this state that uses the title "CPA" or "CPA firm"; or
93.22(4) any firm that does not have an office in this state but performs attest services
93.23as described in section
326A.01, subdivision 2, paragraph (1), (3), or (4), for a client
93.24having its headquarters in this state.
93.25(b) A firm possessing a valid permit from another state which does not have an office
93.26in this state may perform services described in section
326A.01, subdivision 2, clause (2)
93.27
new text begin or (5)new text end , or subdivision 6, for a client having its headquarters in this state and may use the
93.28title "CPA" or "CPA firm" without a permit issued under this section only if:
93.29(1) it has the qualifications described in subdivision 3, paragraph (b);
93.30(2) as a condition to the renewal of the firm's permit issued by the other state, that
93.31state requires a peer review which contains the requirements equivalent to subdivision 8,
93.32paragraphs (a) and (e); and
93.33(3) it performs the services through an individual who has been granted practice
93.34privileges under section
326A.14.
94.1(c) A firm possessing a valid permit from another state that does not have an office
94.2in this state and which is not subject to the requirements of paragraph (a), clause (4), or
94.3(b), may perform other professional services while using the title "CPA" or "CPA firm" in
94.4this state without a permit issued under this section only if the firm:
94.5(1) has the qualifications described in subdivision 3, paragraph (b);
94.6(2) performs the services through an individual who has been granted practice
94.7privileges under section
326A.14; and
94.8(3) can lawfully perform the services in the state where the individuals with practice
94.9privileges have their principal place of business.
94.10 Sec. 103. Minnesota Statutes 2014, section 326A.05, subdivision 3, is amended to read:
94.11 Subd. 3.
Qualifications. (a) An applicant for initial issuance or renewal of a permit
94.12to practice under this section shall comply with the requirements in this subdivision.
94.13(b) Notwithstanding chapter 319B or any other provision of law, a simple majority
94.14of the ownership of the firm, in terms of financial interests and voting rights of all partners,
94.15officers, shareholders, members, or managers, must belong to holders of certificates who
94.16are licensed in some state, and the partners, officers, shareholders, members, or managers,
94.17whose principal place of business is in this state, and who perform professional services in
94.18this state, must hold valid certificates issued under section
326A.04 or the corresponding
94.19provision of prior law. Although firms may include nonlicensee owners, the firm and
94.20its ownership must comply with rules adopted by the board. The firm shall register all
94.21nonlicensee owners with the state board as set forth by rule. An individual who has been
94.22granted practice privileges under section
326A.14 and who performs services for which
94.23a firm permit is required under section
326A.14, subdivision 1, paragraph (d), is not
94.24required to obtain a certificate from the board under section
326A.04.
94.25(c) A CPA firm may include nonlicensee owners provided that:
94.26(1) the firm designates a licensee of this state, or in the case of a firm that must
94.27have a permit according to section
326A.14, subdivision 1, paragraph (d), a licensee of
94.28another state who meets the requirements in section
326A.14, subdivision 1, paragraph
94.29(a) or (b), who is responsible for the proper registration of the firm and identifies that
94.30individual to the board;
94.31(2) all nonlicensee owners are persons of good moral character and are active
94.32individual participants in the CPA firm or affiliated entities; and
94.33(3) the firm complies with other requirements imposed by the board in rule.
94.34(d) An individual licensee and any individual granted practice privileges under
94.35section
326A.14 who is responsible for supervising attest or compilation services and
95.1signs or authorizes someone to sign the accountant's report on the financial statements
95.2on behalf of the firm, shall meet the competency requirements set out in the professional
95.3standards for such services.
95.4(e) An individual licensee and any individual granted practice privileges under section
95.5326A.14
who signs or authorizes someone to sign the accountants' report on the financial
95.6statements on behalf of the firm shall meet the competency requirement of paragraph (d).
95.7 Sec. 104. Minnesota Statutes 2014, section 326A.10, is amended to read:
95.8
326A.10 UNLAWFUL ACTS.
95.9(a) Only a licensee and individuals who have been granted practice privileges
95.10under section
326A.14 may issue a report on financial statements of any person, firm,
95.11organization, or governmental unit that results from providing attest services, or offer to
95.12render or render any attest service. Only a certified public accountant, an individual who
95.13has been granted practice privileges under section
326A.14, a CPA firm, or, to the extent
95.14permitted by board rule, a person registered under section
326A.06, paragraph (b), may
95.15issue a report on financial statements of any person, firm, organization, or governmental
95.16unit that results from providing compilation services or offer to render or render any
95.17compilation service. These restrictions do not prohibit any act of a public official or
95.18public employee in the performance of that person's duties or prohibit the performance
95.19by any nonlicensee of other services involving the use of accounting skills, including
95.20the preparation of tax returns, management advisory services, and the preparation of
95.21financial statements without the issuance of reports on them. Nonlicensees may prepare
95.22financial statements and issue nonattest transmittals or information on them which do not
95.23purport to be in compliance with the Statements on Standards for Accounting and Review
95.24Services (SSARS). Nonlicensees registered under section
326A.06, paragraph (b), may,
95.25to the extent permitted by board rule, prepare financial statements and issue nonattest
95.26transmittals or information on them.
95.27(b) Licensees and individuals who have been granted practice privileges under
95.28section
326A.14 performing attest or compilation services must provide those services in
95.29accordance with professional standards. To the extent permitted by board rule, registered
95.30accounting practitioners performing compilation services must provide those services in
95.31accordance with standards specified in board rule.
95.32(c) A person who does not hold a valid certificate issued under section
326A.04
95.33or a practice privilege granted under section
326A.14 shall not use or assume the title
95.34"certified public accountant," the abbreviation "CPA," or any other title, designation,
96.1words, letters, abbreviation, sign, card, or device tending to indicate that the person is a
96.2certified public accountant.
96.3(d) A firm shall not provide attest services or assume or use the title "certified public
96.4accountants," the abbreviation "CPA's," or any other title, designation, words, letters,
96.5abbreviation, sign, card, or device tending to indicate that the firm is a CPA firm unless
96.6(1) the firm has complied with section
326A.05, and (2) ownership of the firm is in
96.7accordance with this chapter and rules adopted by the board.
96.8(e) A person or firm that does not hold a valid certificate or permit issued under
96.9section
326A.04 or
326A.05 or has not otherwise complied with section
326A.04 or
96.10326A.05
as required in this chapter shall not assume or use the title "certified accountant,"
96.11"chartered accountant," "enrolled accountant," "licensed accountant," "registered
96.12accountant," "accredited accountant," "accounting practitioner," "public accountant,"
96.13"licensed public accountant," or any other title or designation likely to be confused
96.14with the title "certified public accountant," or use any of the abbreviations "CA," "LA,"
96.15"RA," "AA," "PA," "AP," "LPA," or similar abbreviation likely to be confused with the
96.16abbreviation "CPA." The title "enrolled agent" or "EA" may only be used by individuals
96.17so designated by the Internal Revenue Service.
96.18(f) Persons registered under section
326A.06, paragraph (b), may use the title
96.19"registered accounting practitioner" or the abbreviation "RAP." A person who does not
96.20hold a valid registration under section
326A.06, paragraph (b), shall not assume or use
96.21such title or abbreviation.
96.22(g) Except to the extent permitted in paragraph (a), nonlicensees may not use
96.23language in any statement relating to the financial affairs of a person or entity that is
96.24conventionally used by licensees in reports on financial statements
new text begin or on an attest servicenew text end .
96.25In this regard, the board shall issue by rule safe harbor language that nonlicensees may
96.26use in connection with such financial information. A person or firm that does not hold a
96.27valid certificate or permit, or a registration issued under section
326A.04,
326A.05, or
96.28326A.06, paragraph (b)
, or has not otherwise complied with section
326A.04 or
326A.05
96.29as required in this chapter shall not assume or use any title or designation that includes the
96.30word "accountant" or "accounting" in connection with any other language, including the
96.31language of a report, that implies that the person or firm holds such a certificate, permit,
96.32or registration or has special competence as an accountant. A person or firm that does
96.33not hold a valid certificate or permit issued under section
326A.04 or
326A.05 or has not
96.34otherwise complied with section
326A.04 or
326A.05 as required in this chapter shall not
96.35assume or use any title or designation that includes the word "auditor" in connection with
96.36any other language, including the language of a report, that implies that the person or firm
97.1holds such a certificate or permit or has special competence as an auditor. However,
97.2this paragraph does not prohibit any officer, partner, member, manager, or employee of
97.3any firm or organization from affixing that person's own signature to any statement in
97.4reference to the financial affairs of such firm or organization with any wording designating
97.5the position, title, or office that the person holds, nor prohibit any act of a public official or
97.6employee in the performance of the person's duties as such.
97.7(h)(1) No person holding a certificate or registration or firm holding a permit under
97.8this chapter shall use a professional or firm name or designation that is misleading about
97.9the legal form of the firm, or about the persons who are partners, officers, members,
97.10managers, or shareholders of the firm, or about any other matter. However, names of one
97.11or more former partners, members, managers, or shareholders may be included in the
97.12name of a firm or its successor.
97.13(2) A common brand name or network name part, including common initials, used
97.14by a CPA firm in its name, is not misleading if the firm is a network firm as defined in
97.15the American Institute of Certified Public Accountants (AICPA) Code of Professional
97.16Conduct in effect July 1, 2011, and when offering or rendering services that require
97.17independence under AICPA standards, the firm must comply with the AICPA code's
97.18applicable standards on independence.
97.19(i) Paragraphs (a) to (h) do not apply to a person or firm holding a certification,
97.20designation, degree, or license granted in a foreign country entitling the holder to engage
97.21in the practice of public accountancy or its equivalent in that country, if:
97.22(1) the activities of the person or firm in this state are limited to the provision of
97.23professional services to persons or firms who are residents of, governments of, or business
97.24entities of the country in which the person holds the entitlement;
97.25(2) the person or firm performs no attest or compilation services and issues no
97.26reports with respect to the financial statements
new text begin informationnew text end of any other persons, firms, or
97.27governmental units in this state; and
97.28(3) the person or firm does not use in this state any title or designation other than
97.29the one under which the person practices in the foreign country, followed by a translation
97.30of the title or designation into English, if it is in a different language, and by the name
97.31of the country.
97.32(j) No holder of a certificate issued under section
326A.04 may perform attest services
97.33through any business form that does not hold a valid permit issued under section
326A.05.
97.34(k) No individual licensee may issue a report in standard form upon a compilation
97.35of financial information through any form of business that does not hold a valid permit
98.1issued under section
326A.05, unless the report discloses the name of the business through
98.2which the individual is issuing the report, and the individual:
98.3(1) signs the compilation report identifying the individual as a certified public
98.4accountant;
98.5(2) meets the competency requirement provided in applicable standards; and
98.6(3) undergoes no less frequently than once every three years, a peer review
98.7conducted in a manner specified by the board in rule, and the review includes verification
98.8that the individual has met the competency requirements set out in professional standards
98.9for such services.
98.10(l) No person registered under section
326A.06, paragraph (b), may issue a report
98.11in standard form upon a compilation of financial information unless the board by rule
98.12permits the report and the person:
98.13(1) signs the compilation report identifying the individual as a registered accounting
98.14practitioner;
98.15(2) meets the competency requirements in board rule; and
98.16(3) undergoes no less frequently than once every three years a peer review conducted
98.17in a manner specified by the board in rule, and the review includes verification that the
98.18individual has met the competency requirements in board rule.
98.19(m) Nothing in this section prohibits a practicing attorney or firm of attorneys from
98.20preparing or presenting records or documents customarily prepared by an attorney or firm
98.21of attorneys in connection with the attorney's professional work in the practice of law.
98.22(n) The board shall adopt rules that place limitations on receipt by a licensee or a
98.23person who holds a registration under section
326A.06, paragraph (b), of:
98.24(1) contingent fees for professional services performed; and
98.25(2) commissions or referral fees for recommending or referring to a client any
98.26product or service.
98.27(o) Anything in this section to the contrary notwithstanding, it shall not be a violation
98.28of this section for a firm not holding a valid permit under section
326A.05 and not having
98.29an office in this state to provide its professional services in this state so long as it complies
98.30with the applicable requirements of section
326A.05, subdivision 1.
98.31 Sec. 105. Minnesota Statutes 2014, section 336A.09, subdivision 1, is amended to read:
98.32 Subdivision 1.
Procedure. (a) Oral
new text begin Onlinenew text end and written inquiries regarding
98.33information provided by the filing of effective financing statements or lien notices may
98.34be made at any filing office
new text begin submitted to the secretary of statenew text end during regular business
98.35hours
new text begin or, if submitted online, at any timenew text end .
99.1(b) A filing office receiving an oral or written inquiry shall, upon request
new text begin The new text end
99.2
new text begin secretary of state must, upon receiving an inquirynew text end , provide an oral or facsimile
new text begin a prompt new text end
99.3response to the inquiry.
99.4(c) A filing office
new text begin The secretary of statenew text end shall maintain a record of inquiries made
99.5under this section including:
99.6(1) the date of the inquiry;
99.7(2) the name of the debtor inquired about; and
99.8(3) identification of the person making the request for inquiry.
99.9 Sec. 106. Minnesota Statutes 2014, section 364.09, is amended to read:
99.10
364.09 EXCEPTIONS.
99.11(a) This chapter does not apply to the licensing process for peace officers; to law
99.12enforcement agencies as defined in section
626.84, subdivision 1, paragraph (f); to fire
99.13protection agencies; to eligibility for a private detective or protective agent license; to the
99.14licensing and background study process under chapters 245A and 245C;
new text begin to the licensing new text end
99.15
new text begin and background investigation process under chapter 240;new text end to eligibility for school bus
99.16driver endorsements; to eligibility for special transportation service endorsements; to
99.17eligibility for a commercial driver training instructor license, which is governed by section
99.18171.35
and rules adopted under that section; to emergency medical services personnel, or
99.19to the licensing by political subdivisions of taxicab drivers, if the applicant for the license
99.20has been discharged from sentence for a conviction within the ten years immediately
99.21preceding application of a violation of any of the following:
99.22(1) sections
609.185 to
609.2114,
609.221 to
609.223,
609.342 to
609.3451, or
99.23617.23
, subdivision 2 or 3; or Minnesota Statutes 2012, section
609.21;
99.24(2) any provision of chapter 152 that is punishable by a maximum sentence of
99.2515 years or more; or
99.26(3) a violation of chapter 169 or 169A involving driving under the influence, leaving
99.27the scene of an accident, or reckless or careless driving.
99.28This chapter also shall not apply to eligibility for juvenile corrections employment, where
99.29the offense involved child physical or sexual abuse or criminal sexual conduct.
99.30(b) This chapter does not apply to a school district or to eligibility for a license
99.31issued or renewed by the Board of Teaching or the commissioner of education.
99.32(c) Nothing in this section precludes the Minnesota Police and Peace Officers
99.33Training Board or the state fire marshal from recommending policies set forth in this
99.34chapter to the attorney general for adoption in the attorney general's discretion to apply to
99.35law enforcement or fire protection agencies.
100.1(d) This chapter does not apply to a license to practice medicine that has been denied
100.2or revoked by the Board of Medical Practice pursuant to section
147.091, subdivision 1a.
100.3(e) This chapter does not apply to any person who has been denied a license to
100.4practice chiropractic or whose license to practice chiropractic has been revoked by the
100.5board in accordance with section
148.10, subdivision 7.
100.6(f) This chapter does not apply to any license, registration, or permit that has
100.7been denied or revoked by the Board of Nursing in accordance with section
148.261,
100.8subdivision 1a.
100.9(g) This chapter does not supersede a requirement under law to conduct a criminal
100.10history background investigation or consider criminal history records in hiring for
100.11particular types of employment.
100.12 Sec. 107.
new text begin [383B.83] LIMITS ON RAILROAD CONDEMNATION POWERS new text end
100.13
new text begin OVER CERTAIN GOVERNMENTAL PROPERTY INTERESTS.new text end
100.14
new text begin Notwithstanding anything to the contrary in chapter 117, sections 222.26, 222.27, new text end
100.15
new text begin 222.36, or any other law, the powers of a railroad corporation or a railroad company new text end
100.16
new text begin or a railroad interest acting as a public service corporation or a common carrier do not new text end
100.17
new text begin include the power to exercise eminent domain over a property interest owned by Hennepin new text end
100.18
new text begin County, the Hennepin County Housing and Redevelopment Authority, or the Hennepin new text end
100.19
new text begin County Regional Railroad Authority if such governmental power, by resolution of its new text end
100.20
new text begin governing board, determines based on findings that the public safety or access of first new text end
100.21
new text begin responders would be detrimentally affected by the exercise. new text end
100.22
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
100.23 Sec. 108. Minnesota Statutes 2014, section 471.6161, subdivision 8, is amended to read:
100.24 Subd. 8.
School districts; group health insurance coverage. (a) Any entity
100.25providing group health insurance coverage to a school district must provide the school
100.26district with school district-specific nonidentifiable aggregate claims records for the most
100.27recent 24 months within 30 days of the request.
100.28(b) School districts shall request proposals for group health insurance coverage as
100.29provided in subdivision 2 from a minimum of three potential sources of coverage. One of
100.30these requests must go to an administrator governed by chapter 43A. Entities referenced
100.31in subdivision 1 must respond to requests for proposals received directly from a school
100.32district. School districts that are self-insured must also follow these provisions, except
100.33as provided in paragraph (f). School districts must make requests for proposals at least
100.34150 days prior to the expiration of the existing contract but not more frequently than once
101.1every 24 months. The request for proposals must include the most recently available
101.224 months of nonidentifiable aggregate claims data. The request for proposals must be
101.3publicly released at or prior to its release to potential sources of coverage.
101.4(c) School district contracts for group health insurance must not be longer than
101.5two years unless the exclusive representative of the largest employment group and the
101.6school district agree otherwise.
101.7(d) All initial proposals shall be sealed upon receipt until they are all opened no less
101.8than 90 days prior to the plan's renewal date in the presence of up to three representatives
101.9selected by the exclusive representative of the largest group of employees. Section
13.591,
101.10subdivision 3
, paragraph (b), applies to data in the proposals. The representatives of
101.11the exclusive representative must maintain the data according to this classification and
101.12are subject to the remedies and penalties under sections
13.08 and
13.09 for a violation
101.13of this requirement.
101.14(e) A school district, in consultation with the same representatives referenced in
101.15paragraph (d), may continue to negotiate with any entity that submitted a proposal under
101.16paragraph (d) in order to reduce costs or improve services under the proposal. Following
101.17the negotiations any entity that submitted an initial proposal may submit a final proposal
101.18incorporating the negotiations, which is due no less than 75 days prior to the plan's
101.19renewal date. All the final proposals submitted must be opened at the same time in the
101.20presence of up to three representatives selected by the exclusive representative of the
101.21largest group of employees. Notwithstanding section
13.591, subdivision 3, paragraph (b),
101.22following the opening of the final proposals, all the proposals, including any made under
101.23paragraph (d), and other data submitted in connection with the proposals are public data.
101.24The school district may choose from any of the initial or final proposals without further
101.25negotiations and in accordance with subdivision 5, but not sooner than 15 days after
101.26the proposals become public data.
101.27(f) School districts that are self-insured shall follow all of the requirements of this
101.28section, except that:
101.29(1) their requests for proposals may be for third-party administrator services, where
101.30applicable;
101.31(2) these requests for proposals must be from a minimum of three different sources,
101.32which may include both entities referenced in subdivision 1 and providers of third-party
101.33administrator services;
101.34(3) for purposes of fulfilling the requirement to request a proposal for group
101.35insurance coverage from an administrator governed by chapter 43A, self-insured districts
101.36are not required to include in the request for proposal the coverage to be provided;
102.1(4) a district that is self-insured on or before the date of enactment, or that is
102.2self-insured with more than 1,000 insured lives, or a district in which the school board
102.3adopted a motion on or before May 14, 2014, to approve a self-insured health care plan
102.4to be effective July 1, 2014, may, but need not, request a proposal from an administrator
102.5governed by chapter 43A;
102.6(5) requests for proposals must be sent to providers no less than 90 days prior to
102.7the expiration of the existing contract; and
102.8(6) proposals must be submitted at least 60 days prior to the plan's renewal date
102.9and all proposals shall be opened at the same time and in the presence of the exclusive
102.10representative, where applicable.
102.11(g) Nothing in this section shall restrict the authority granted to school district boards
102.12of education by section
471.59, except that districts will not be considered self-insured for
102.13purposes of this subdivision solely through participation in a joint powers arrangement.
102.14(h) An entity providing group health insurance to a school district under a multiyear
102.15contract must give notice of any rate or plan design changes applicable under the contract
102.16at least 90 days before the effective date of any change. The notice must be given to the
102.17school district and to the exclusive representatives of employees.
102.18
new text begin (i) Notwithstanding the provisions of section 43A.316, subdivision 10, school new text end
102.19
new text begin employees and their employers insured through chapter 43A are subject to the new text end
102.20
new text begin requirements of this section.new text end
102.21
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
102.22 Sec. 109. Minnesota Statutes 2014, section 473.123, subdivision 2a, is amended to read:
102.23 Subd. 2a.
Terms. Following each apportionment of council districts, as provided
102.24under subdivision 3a, council members must be appointed from newly drawn districts as
102.25provided in subdivision 3a. Each council member, other than the chair, must reside in the
102.26council district represented. Each council district must be represented by one member of the
102.27council. The terms of members end with the term of the governor
new text begin are staggered as follows: new text end
102.28
new text begin members representing even-numbered districts have terms ending the first Monday in new text end
102.29
new text begin January of the year ending in the numeral "7"; and members representing odd-numbered new text end
102.30
new text begin districts have terms ending the first Monday in January of the year ending in the numeral new text end
102.31
new text begin "5." Thereafter the term of each member is four years, with terms ending the first Monday new text end
102.32
new text begin in Januarynew text end , except that all terms expire on the effective date of the next apportionment.
102.33A member serves at the pleasure of the governor. A member shall continue to serve the
102.34member's district until a successor is appointed and qualified; except that, following each
102.35apportionment, the member shall continue to serve at large until the governor appoints 16
103.1council members, one from each of the newly drawn council districts as provided under
103.2subdivision 3a, to serve terms as provided under this section. The appointment to the
103.3council must be made by the first Monday in March of the year in which the term ends.
103.4
new text begin EFFECTIVE DATE; APPLICATION.new text end new text begin This section is effective the day following new text end
103.5
new text begin final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, new text end
103.6
new text begin Scott, and Washington.new text end
103.7 Sec. 110. Minnesota Statutes 2014, section 473.123, subdivision 3, is amended to read:
103.8 Subd. 3.
Membership; appointment; qualifications. (a) Sixteen members must be
103.9appointed by the governor from districts defined by this section. Each council member
103.10must reside in the council district represented. Each council district must be represented
103.11by one member of the council.
new text begin Each Metropolitan Council member must be an elected city new text end
103.12
new text begin council member or mayor, or county commissioner. A Metropolitan Council member's new text end
103.13
new text begin office becomes vacant if the person appointed to that position ceases to be an elected city new text end
103.14
new text begin council member or mayor, or county commissioner.new text end
103.15(b) In addition to the notice required by section
15.0597, subdivision 4, notice of
103.16vacancies and expiration of terms must be published in newspapers of general circulation
103.17in the metropolitan area and the appropriate districts. The governing bodies of the statutory
103.18and home rule charter cities, counties, and towns having territory in the district for which
103.19a member is to be appointed must be notified in writing. The notices must describe the
103.20appointments process and invite participation and recommendations on the appointment.
103.21(c) The governor shall create a nominating committee, composed
new text begin A committeenew text end of
103.22seven metropolitan citizens appointed by the governor, to
new text begin shallnew text end nominate persons for
103.23appointment to the council from districts. Three of the committee members must be local
103.24elected officials
new text begin appointed by the Association of Metropolitan Municipalities, one must be a new text end
103.25
new text begin county commissioner appointed by the Association of Minnesota Counties, and three must new text end
103.26
new text begin be appointed by the governornew text end . Following the submission of applications as provided under
103.27section
15.0597, subdivision 5, the nominating committee shall conduct public meetings,
103.28after appropriate notice, to accept statements from or on behalf of persons who have applied
103.29or been nominated for appointment and to allow consultation with and secure the advice
103.30of the public and local elected officials. The committee shall hold the meeting on each
103.31appointment in the district or in a reasonably convenient and accessible location in the part
103.32of the metropolitan area in which the district is located. The committee may consolidate
103.33meetings. Following the meetings, the committee shall submit to the governor a list of
103.34nominees for each appointment. The governor is not required to appoint from the list.
104.1(d) Before making an appointment, the governor shall consult with all members of
104.2the legislature from the council district for which the member is to be appointed.
104.3(e) Appointments to the council are subject to the advice and consent of the senate as
104.4provided in section
15.066.
104.5(f) Members of the council must be appointed to reflect fairly the various
104.6demographic, political, and other interests in the metropolitan area and the districts.
104.7(g) Members of the council must be persons knowledgeable about urban and
104.8metropolitan affairs.
104.9(h) Any vacancy in the office of a council member shall immediately be filled
104.10for the unexpired term. In filling a vacancy, the governor may forgo the requirements
104.11of paragraph (c) if the governor has made appointments in full compliance with the
104.12requirements of this subdivision within the preceding 12 months.
104.13
new text begin EFFECTIVE DATE; APPLICATION.new text end new text begin This section is effective the day following new text end
104.14
new text begin final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, new text end
104.15
new text begin Scott, and Washington.new text end
104.16 Sec. 111. Minnesota Statutes 2014, section 473.123, subdivision 4, is amended to read:
104.17 Subd. 4.
Chair; appointment, officers, selection; duties and compensation. (a)
104.18The chair of the Metropolitan Council shall be appointed
new text begin electednew text end by the governor
new text begin 16 new text end
104.19
new text begin members of the councilnew text end as the 17th voting member thereof by and with the advice and
104.20consent of the senate to serve at the pleasure of the governor
new text begin councilnew text end to represent the
104.21metropolitan area at large. Senate confirmation shall be as provided by section
15.066.
104.22The chair of the Metropolitan Council shall, if present, preside at meetings of the
104.23council, have the primary responsibility for meeting with local elected officials, serve as
104.24the principal legislative liaison, present to the governor and the legislature, after council
104.25approval, the council's plans for regional governance and operations, serve as the principal
104.26spokesperson of the council, and perform other duties assigned by the council or by law.
104.27(b) The Metropolitan Council shall elect other officers as it deems necessary for
104.28the conduct of its affairs for a one-year term. A secretary and treasurer need not be
104.29members of the Metropolitan Council. Meeting times and places shall be fixed by the
104.30Metropolitan Council and special meetings may be called by a majority of the members
104.31of the Metropolitan Council or by the chair. The chair and each Metropolitan Council
104.32member shall be reimbursed for actual and necessary expenses.
104.33(c) Each member of the council shall attend and participate in council meetings
104.34and meet regularly with local elected officials and legislative members from the council
105.1member's district. Each council member shall serve on at least one division committee for
105.2transportation, environment, or community development.
105.3(d) In the performance of its duties the Metropolitan Council may adopt policies
105.4and procedures governing its operation, establish committees, and, when specifically
105.5authorized by law, make appointments to other governmental agencies and districts.
105.6
new text begin EFFECTIVE DATE; APPLICATION.new text end new text begin This section is effective the day following new text end
105.7
new text begin final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, new text end
105.8
new text begin Scott, and Washington. The term of the chair of the Metropolitan Council serving on the new text end
105.9
new text begin effective date of this section ends on that date, but the chair may continue serving until new text end
105.10
new text begin a new chair is elected by the council under this section.new text end
105.11 Sec. 112. Minnesota Statutes 2014, section 473J.07, subdivision 3, is amended to read:
105.12 Subd. 3.
Compensation. The authority may compensate its members, other than the
105.13chair, as provided in section
15.0575. The chair shall receive, unless otherwise provided
105.14by other law, a salary in an amount fixed by the authority, and shall be reimbursed for
105.15reasonable expenses to the same extent as a member
new text begin No members of the authority receive new text end
105.16
new text begin a salarynew text end .
105.17 Sec. 113. Laws 2013, chapter 142, article 1, section 10, is amended to read:
105.18
105.19
Sec. 10. OFFICE OF ENTERPRISE
TECHNOLOGYnew text begin MN.IT SERVICESnew text end
$
2,431,000
$
2,431,000
105.20During the biennium ending June 30, 2015,
105.21the Office of Enterprise Technology
new text begin MN.IT new text end
105.22
new text begin Servicesnew text end must not charge fees to a public
105.23noncommercial educational television
105.24broadcast station eligible for funding under
105.25Minnesota Statutes, chapter 129D, for
105.26access to the state broadcast infrastructure.
105.27If the access fees not charged to public
105.28noncommercial educational television
105.29broadcast stations total more than $400,000
105.30for the biennium, the office may charge for
105.31access fees in excess of these amounts.
105.32The commissioner of Minnesota management
105.33and budget is authorized to provide cash
106.1flow assistance of up to $110,000,000 from
106.2the special revenue fund or other statutory
106.3general funds as defined in Minnesota
106.4Statutes, section
16A.671, subdivision 3,
106.5paragraph (a), to the Office of Enterprise
106.6Technology
new text begin MN.IT Servicesnew text end for the purpose
106.7of managing revenue and expenditure
106.8differences during the initial phases of IT
106.9consolidation. These funds shall be repaid
106.10with interest by June 30, 2015
new text begin the end of the new text end
106.11
new text begin fiscal year 2015 closing periodnew text end .
106.12
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
106.13 Sec. 114. Laws 2015, chapter 3, section 4, is amended to read:
106.14 Sec. 4.
AGENCY HEAD SALARY FREEZE.
106.15Notwithstanding Minnesota Statutes, section
15A.0815, subdivisions 1 and 5, the
106.16salary rate for positions listed in Minnesota Statutes, section
15A.0815, for positions
106.17appointed by the governor, may not be set at a salary rate in excess of the previous
106.18calendar year.
new text begin The salary of the chair of the Metropolitan Council is $61,414, unless new text end
106.19
new text begin changed under the process in Minnesota Statutes, section 15A.0815, subdivision 5.new text end
106.20
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
106.21 Sec. 115.
new text begin LIMIT ON AGENCY HEAD SALARY INCREASE.new text end
106.22
new text begin The percentage increase in salary granted to an agency head listed in Minnesota new text end
106.23
new text begin Statutes, section 15A.0815, who is appointed by the governor may not exceed the lesser new text end
106.24
new text begin of: (1) the percentage increase in Minnesota median household income, as determined by new text end
106.25
new text begin the American Community Survey compiled by the United States Bureau of the Census, for new text end
106.26
new text begin the most recent 12-month period for which data is available; or (2) the percentage increase new text end
106.27
new text begin in the consumer price index, as determined by the United States Bureau of Economic new text end
106.28
new text begin Analysis, for the most recent 12-month period for which data is available. new text end
106.29
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
106.30 Sec. 116.
new text begin LEGISLATIVE SURROGACY COMMISSION.new text end
106.31
new text begin Subdivision 1.new text end new text begin Membership.new text end new text begin The Legislative Commission on Surrogacy shall new text end
106.32
new text begin consist of 15 members, appointed as follows:new text end
107.1
new text begin (1) three members of the senate appointed by the senate majority leader;new text end
107.2
new text begin (2) three members of the senate appointed by the senate minority leader;new text end
107.3
new text begin (3) three members of the house of representatives appointed by the speaker of the new text end
107.4
new text begin house of representatives;new text end
107.5
new text begin (4) three members of the house of representatives appointed by the house of new text end
107.6
new text begin representatives minority leader;new text end
107.7
new text begin (5) the commissioner of human services or the commissioner's designee;new text end
107.8
new text begin (6) the commissioner of health or the commissioner's designee; andnew text end
107.9
new text begin (7) a family court referee appointed by the chief justice of the state Supreme Court.new text end
107.10
new text begin Appointments must be made by June 1, 2015.new text end
107.11
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
107.12
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 new text end
107.13
new text begin appointed by the senate majority leader shall convene the first meeting by July 1, 2015. new text end
107.14
new text begin The commission shall have at least six meetings but may not have more than ten meetings.new text end
107.15
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 new text end
107.16
new text begin vote on a decision of the commission in which the member has either a direct or indirect new text end
107.17
new text begin personal financial interest. A witness at a public meeting of the commission must disclose new text end
107.18
new text begin any financial conflict of interest.new text end
107.19
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 new text end
107.20
new text begin and laws regarding surrogacy. To develop the recommendations, the commission shall new text end
107.21
new text begin study surrogacy through public hearings, research, and deliberation. Topics for study new text end
107.22
new text begin include, but are not limited to:new text end
107.23
new text begin (1) potential health and psychological effects and benefits on women who serve new text end
107.24
new text begin as surrogates;new text end
107.25
new text begin (2) potential health and psychological effects and benefits on children born of new text end
107.26
new text begin surrogates;new text end
107.27
new text begin (3) business practices of the fertility industry, including attorneys, brokers, and new text end
107.28
new text begin clinics;new text end
107.29
new text begin (4) considerations related to different forms of surrogacy;new text end
107.30
new text begin (5) considerations related to the potential exploitation of women in surrogacy new text end
107.31
new text begin arrangements;new text end
107.32
new text begin (6) contract law implications when a surrogacy contract is breached;new text end
107.33
new text begin (7) potential conflicts with statutes governing private adoption and termination new text end
107.34
new text begin of parental rights;new text end
108.1
new text begin (8) potential for legal conflicts related to third-party reproduction, including conflicts new text end
108.2
new text begin between or amongst the surrogate mother, the intended parents, the child, insurance new text end
108.3
new text begin companies, and medical professionals;new text end
108.4
new text begin (9) public policy determinations of other jurisdictions with regard to surrogacy; andnew text end
108.5
new text begin (10) information to be provided to a child born of a surrogate about the child's new text end
108.6
new text begin biological and gestational parents.new text end
108.7
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 new text end
108.8
new text begin recommendations and may draft legislation to implement its recommendations to the chairs new text end
108.9
new text begin and ranking minority members of the legislative committees with primary jurisdiction new text end
108.10
new text begin over health and judiciary in the house and senate by December 15, 2015. On topics where new text end
108.11
new text begin the commission fails to reach consensus, a majority and minority report shall be issued.new text end
108.12
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 new text end
108.13
new text begin and administrative support to the commission.new text end
108.14
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 new text end
108.15
new text begin required under subdivision 6.new text end
108.16
new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
108.17 Sec. 117.
new text begin SOCCER STADIUM.new text end
108.18
new text begin No state funds may be appropriated or tax expenditures used to fund the construction new text end
108.19
new text begin of a new major league soccer stadium. The state may not incur debt of the state to fund new text end
108.20
new text begin construction of a new major league soccer stadium.new text end
108.21 Sec. 118.
new text begin LIMIT ON INCREASE IN MANAGERIAL COMPENSATION.new text end
108.22
new text begin During the biennium ending June 30, 2017, an employee covered by the managerial new text end
108.23
new text begin plan in Minnesota Statutes, section 43A.18, subdivision 3, may not be granted a new text end
108.24
new text begin percentage increase in annual salary that exceeds the lesser of: (1) the percentage increase new text end
108.25
new text begin in Minnesota median household income, as determined by the American Community new text end
108.26
new text begin Survey compiled by the United States Bureau of the Census, for the most recent 12-month new text end
108.27
new text begin period for which data is available; or (2) the percentage increase in the consumer price new text end
108.28
new text begin index, as determined by the United States Bureau of Economic Analysis, for the most new text end
108.29
new text begin recent 12-month period for which data is available.new text end
108.30 Sec. 119.
new text begin LIMIT ON EXPENDITURES FOR ADVERTISING.new text end
108.31
new text begin During the biennium ending June 30, 2017, an executive branch agency's spending new text end
108.32
new text begin on advertising and promotions may not exceed 90 percent of the amount the agency new text end
108.33
new text begin spent on advertising and promotions during the biennium ending June 30, 2015. The new text end
109.1
new text begin commissioner of management and budget must ensure compliance with this limit, and new text end
109.2
new text begin may issue guidelines and policies to executive agencies. The commissioner may forbid new text end
109.3
new text begin an agency from engaging in advertising as the commissioner determines is necessary to new text end
109.4
new text begin ensure compliance with this section. This section does not apply to the Minnesota Lottery new text end
109.5
new text begin or Explore Minnesota Tourism. Spending during the biennium ending June 30, 2017, on new text end
109.6
new text begin advertising relating to a declared emergency, an emergency, or a disaster, as those terms new text end
109.7
new text begin are defined in Minnesota Statutes, section 12.03, is excluded for purposes of this section.new text end
109.8 Sec. 120.
new text begin PARKING RAMP FINANCING.new text end
109.9
new text begin The debt service on the design and construction costs allocated to the parking garage new text end
109.10
new text begin located on the block bounded by Sherburne Avenue on the north, Park Street on the west, new text end
109.11
new text begin University Avenue on the south, and North Capitol Boulevard on the east must be paid new text end
109.12
new text begin for exclusively by fees charged to persons parking in that parking garage. No fees may new text end
109.13
new text begin be charged to members of the public parking in spaces designated for persons with a new text end
109.14
new text begin disability parking certificate.new text end
109.15 Sec. 121.
new text begin METROPOLITAN COUNCIL APPOINTMENTS; IMMEDIATE new text end
109.16
new text begin TRANSITION TO STAGGERED TERMS.new text end
109.17
new text begin For members serving on the Metropolitan Council on the effective date of this new text end
109.18
new text begin section, other than the chair, members representing even-numbered districts shall serve new text end
109.19
new text begin terms ending the first Monday in January 2019, and members representing odd-numbered new text end
109.20
new text begin districts shall serve terms ending the first Monday in January 2017. Thereafter the term of new text end
109.21
new text begin each member is four years, with terms ending the first Monday in January.new text end
109.22
new text begin EFFECTIVE DATE; APPLICATION.new text end new text begin This section is effective the day following new text end
109.23
new text begin final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, new text end
109.24
new text begin Scott, and Washington.new text end
109.25 Sec. 122.
new text begin REPORT ON AGENCY CHIEF INFORMATION OFFICERS.new text end
109.26
new text begin The chief information officer of MN.IT must report to the legislature by January 15, new text end
109.27
new text begin 2016, on reduction in the number of chief information officers (CIOs) in state agencies. new text end
109.28
new text begin The report must include the number of CIOs on July 1, 2015, the number on January new text end
109.29
new text begin 15, 2016, and plans to reduce that number.new text end
109.30 Sec. 123.
new text begin TRANSITION.new text end
109.31
new text begin (a) Members of an ethnic council specified in new Minnesota Statutes, section new text end
109.32
new text begin 15.0145, on July 1, 2015, continue to serve on the council until the end of their current new text end
110.1
new text begin term. However, if a member of a council has served eight years or more on the council new text end
110.2
new text begin at any time before December 31, 2015, the term of that member expires December 31, new text end
110.3
new text begin 2015. If a council has more members on July 1, 2015, than is provided for by Minnesota new text end
110.4
new text begin Statutes, section 15.0145, positions on the council shall not be filled until the expiration of new text end
110.5
new text begin a term results in fewer members on the council than provided for in Minnesota Statutes, new text end
110.6
new text begin section 15.0145. Membership qualifications newly specified in Minnesota Statutes, section new text end
110.7
new text begin 15.0145, must be complied with as soon as possible when terms of current members expire.new text end
110.8
new text begin (b) The Legislative Coordinating Commission must appoint an executive director new text end
110.9
new text begin for each council no later than November 15, 2015. An incumbent executive director of a new text end
110.10
new text begin council may apply to be appointed by the Legislative Coordinating Commission but, if new text end
110.11
new text begin not selected, the employment of the incumbent ends when the Legislative Coordinating new text end
110.12
new text begin Commission appoints a new executive director, or on another date determined by the new text end
110.13
new text begin Legislative Coordinating Commission. Other council staff are transferred to employment new text end
110.14
new text begin with the reformulated councils specified in Minnesota Statutes, section 15.0145.new text end
110.15 Sec. 124.
new text begin REVISOR'S INSTRUCTION.new text end
110.16
new text begin (a) The revisor of statutes shall renumber the subdivisions in Minnesota Statutes, new text end
110.17
new text begin section 240.01, to put the definitions contained in that section in alphabetical order.new text end
110.18
new text begin (b) The revisor of statutes shall correct any cross-references in Minnesota Statutes new text end
110.19
new text begin and Minnesota Rules as a result of the renumbering in paragraph (a).new text end
110.20
new text begin (c) In the next and subsequent edition of Minnesota Statutes, the Revisor of Statutes new text end
110.21
new text begin shall substitute a reference to section 6.481 for each reference to section 6.48.new text end
110.22 Sec. 125.
new text begin REVISOR INSTRUCTION.new text end
110.23
new text begin (a) In the next and subsequent editions of Minnesota Statutes, the revisor of statutes new text end
110.24
new text begin shall substitute the names of councils as follows in each place where the names occur:new text end
110.25
new text begin (1) Minnesota African Heritage Council, in place of Council on Black Minnesotans; new text end
110.26
new text begin and new text end
110.27
new text begin (2) Minnesota Council on Latino Affairs, in place of Council on Affairs of new text end
110.28
new text begin Chicano/Latino People.new text end
110.29
new text begin (b) The revisor of statutes shall change cross-references to sections 3.9223, 3.9225, new text end
110.30
new text begin and 3.9226, with Minnesota Statutes, section 15.0145, and make changes necessary to new text end
110.31
new text begin correct punctuation, grammar, or sentence structure.new text end
110.32 Sec. 126.
new text begin REPEALER.new text end
111.1
new text begin (a)new text end new text begin Minnesota Statutes 2014, sections 10A.25, subdivisions 1, 2, 2a, 3, 3a, 5, and 10; new text end
111.2
new text begin 10A.255, subdivisions 1 and 3; 10A.27, subdivision 11; 10A.30; 10A.31, subdivisions 1, new text end
111.3
new text begin 3, 3a, 4, 5, 5a, 6, 6a, 7, 7a, 10, 10a, 10b, and 11; 10A.315; 10A.321; 10A.322, subdivisions new text end
111.4
new text begin 1 and 2; 10A.323; and 10A.324, subdivisions 1 and 3,new text end new text begin and new text end new text begin Minnesota Rules, parts new text end
111.5
new text begin 4503.1400, subparts 2, 3, 5, 6, 7, 8, and 9; and 4503.1450,new text end new text begin are repealed. This paragraph new text end
111.6
new text begin is effective July 1, 2015, and applies to elections held on or after that date. Amounts new text end
111.7
new text begin designated under section 10A.31 on income tax and property tax refund returns filed after new text end
111.8
new text begin June 30, 2015, are not effective and remain in the general fund.new text end
111.9
new text begin (b)new text end new text begin Minnesota Statutes 2014, sections 3.886; 6.48; 349A.07, subdivision 6; and new text end
111.10
new text begin 375.23,new text end new text begin are repealed.new text end
111.11
new text begin (c)new text end new text begin Minnesota Statutes 2014, section 240.01, subdivisions 12 and 23,new text end new text begin are repealed.new text end
111.12
new text begin (d)new text end new text begin Minnesota Statutes 2014, sections 3.9223; 3.9225; and 3.9226, subdivisions 1, new text end
111.13
new text begin 2, 3, 4, 5, 6, and 7,new text end new text begin are repealed.new text end