1st Engrossment - 94th Legislature (2025 - 2026)
Posted on 05/01/2025 06:20 p.m.
A bill for an act
relating to state government; designating state symbols; modifying policy pertaining
to the legislative auditor; modifying certain data practices appeals; allowing
payment withholding if credible allegation of fraud; authorizing sharing of data
regarding fraud in public programs; establishing a program to encourage innovation
and cost savings; modifying a reporting date; modifying requirements for state
contracts; renaming the Office of Administrative Hearings; providing opportunity
for remand; modifying eligibility for state employee group insurance; expanding
whistleblower protections for public employees; increasing a threshold for
municipal liquor store financial statements; repealing legislative commissions;
updating state personnel management provisions; amending Minnesota Statutes
2024, sections 3.303, subdivision 3; 3.305, subdivisions 1, 9; 3.971, subdivisions
2, 8a, 9; 11A.24, by adding a subdivision; 13.04, subdivision 4; 14.48, subdivisions
1, 2; 14.62, subdivisions 1, 2a, by adding a subdivision; 15A.082, subdivisions 3,
7; 16A.28, subdivision 3; 16B.055, subdivision 1; 16B.335, subdivision 2; 16B.48,
subdivision 4; 16B.54, subdivision 2; 16B.97, subdivision 1; 16B.98, subdivisions
1, 4, 5; 16B.981, subdivision 4; 16B.991, subdivision 2; 16C.05, by adding a
subdivision; 16C.137, subdivision 2; 16C.16, subdivisions 6, 6a, 7; 16D.09,
subdivision 1; 43A.01, subdivision 3; 43A.02, subdivision 14; 43A.04, subdivisions
1, 4, 8; 43A.05, subdivision 3; 43A.08, subdivisions 1a, 4; 43A.11, subdivision 9;
43A.121; 43A.15, subdivisions 4, 7, 12, 14; 43A.17, subdivision 5; 43A.18,
subdivision 2; 43A.181, subdivision 1; 43A.1815; 43A.19, subdivision 1; 43A.23,
subdivisions 1, 2; 43A.24, subdivisions 1a, 2; 43A.27, subdivisions 2, 3; 43A.33,
subdivision 3; 43A.346, subdivisions 2, 6; 43A.36, subdivision 1; 43A.421;
151.741, subdivision 5; 181.931, by adding subdivisions; 181.932, subdivision 1;
471.6985, subdivision 2; proposing coding for new law in Minnesota Statutes,
chapters 1; 13; 15; repealing Minnesota Statutes 2024, sections 3.8842; 3.8845;
16B.328, subdivision 2; 16B.45; 16C.36; 43A.315; 43A.317, subdivisions 1, 2, 3,
5, 6, 7, 8, 9, 10, 12; 43A.318, subdivisions 1, 2, 4, 5; 211B.06; 211B.08; Laws
2019, First Special Session chapter 3, article 2, section 34, as amended; Laws
2022, chapter 50, article 3, section 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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Castoroides ohioensis, commonly known as the giant
beaver, or Capa in Dakota and Amik in Ojibwe, is designated as the official state fossil of
the state of Minnesota.
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A photograph of the giant beaver, approved by the commissioner
of natural resources, shall be preserved and may be displayed in the Office of the Secretary
of State.
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Ursa Minor is the official constellation of the state of Minnesota.
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Minnesota Statutes 2024, section 3.303, subdivision 3, is amended to read:
The chair of the commission alternates between the
president of the senate and the speaker of the house deleted text begin of representativesdeleted text end at the start of the
regular legislative session in each odd-numbered year.new text begin When not serving as chair, the
president of the senate or the speaker of the house serves as vice-chair.
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Minnesota Statutes 2024, section 3.305, subdivision 1, is amended to read:
(a) "Legislative commission" means a joint commission,
committee, or other entity in the legislative branch composed exclusively of members of
the senate and the house of representatives.
(b) "Joint offices" means the Revisor of Statutes, Legislative Reference Library, the
Office of Legislative Auditor, the Legislative Budget Office,new text begin Legislative Coordinating
Commission,new text end and any other joint legislative service office.
Minnesota Statutes 2024, section 3.305, subdivision 9, is amended to read:
The Legislative Coordinating Commission shall
oversee and coordinate all joint legislative studies mandated by the legislature and may
require regular progress reports to the commission and appropriate standing committees of
the house of representatives and the senate. Appropriations for all joint legislative studies
except those specifically assigned to an existing legislativenew text begin office ornew text end commission shall be
made to the Legislative Coordinating Commission. Responsibility and appropriations for
a joint legislative study may be delegated by the Legislative Coordinating Commission to
an existing staff office of the house of representatives or senate, a legislative commission,
a joint legislative committee or office or a state agency. The office, commission, joint
committee, or agency responsible for the study may contract with another agent for assistance.
Minnesota Statutes 2024, section 3.971, subdivision 2, is amended to read:
(a) The legislative auditor shall establish a Financial
Audits Division deleted text begin anddeleted text end new text begin ,new text end a Program Evaluation Divisionnew text begin , and a Special Reviews Divisionnew text end to
fulfill the duties prescribed in this section.
(b) Each division may be supervised by a deputy auditor, appointed by the legislative
auditor, with the approval of the commission, for a term coterminous with the legislative
auditor's term. The deputy auditors may be removed before the expiration of their terms
only for cause. The legislative auditor and deputy auditors may each appoint an administrative
support specialist to serve at pleasure. The salaries and benefits of the legislative auditor,
deputy auditors, and administrative support specialists shall be determined by the
compensation plan approved by the Legislative Coordinating Commission. The deputy
auditors may perform and exercise the powers, duties and responsibilities imposed by law
on the legislative auditor when authorized by the legislative auditor.
(c) The legislative auditor, deputy auditors, and administrative support specialists shall
serve in the unclassified civil service, but all other employees of the legislative auditor shall
serve in the classified civil service. Compensation for employees of the legislative auditor
in the classified service shall be governed by a plan prepared by the legislative auditor and
approved by the Legislative Coordinating Commission and the legislature under section
3.855, subdivision 3.
(d) While in office, a person appointed deputy for the Financial Audit Division must
hold an active license as a certified public accountant.
(e) Notwithstanding section 43A.32, subdivisions 2 and 3, or any other law to the
contrary, an employee of the legislative auditor is prohibited from being a candidate for a
partisan elected public office.
Minnesota Statutes 2024, section 3.971, subdivision 8a, is amended to read:
The legislative auditor may conduct a special review to: (1)
fulfill a legal requirement; (2) investigate allegations that an individual or organization
subject to audit by the legislative auditor may not have complied with legal requirementsnew text begin ,
including but not limited to legal requirementsnew text end related to the use of public money, other
public resources, or government data classified as not public; (3) respond to a legislative
request for a review of an organization or program subject to audit by the legislative auditor;
deleted text begin ordeleted text end (4) investigate allegations that an individual may not have complied with section 43A.38
or 43A.39new text begin ; or (5) follow up on a prior special review to assess what changes have occurrednew text end .
Minnesota Statutes 2024, section 3.971, subdivision 9, is amended to read:
deleted text begin The chief executive, financial,
or information officersdeleted text end new text begin (a) An obligated officernew text end of an organization subject to audit under
this section must promptly notify the legislative auditor when the officer obtains information
indicating that public money or other public resources may have been used for an unlawful
purpose, or when the officer obtains information indicating that government data classified
by chapter 13 as not public may have been accessed by or provided to a person without
lawful authorization. As necessary, the legislative auditor shall coordinate an investigation
of the allegation with appropriate law enforcement officials.
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(b) For purposes of this subdivision, "obligated officer" means the organization's:
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(1) chief executive officer;
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(2) deputy and assistant chief executive officers;
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(3) chief administrative, chief financial, chief information, and chief investigative officers;
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(4) heads of divisions, bureaus, departments, institutes, or other organizational units;
and
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(5) board chair, where applicable.
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Minnesota Statutes 2024, section 11A.24, is amended by adding a subdivision to
read:
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Section 16C.05, subdivision 8, paragraph (a), clauses (2) and (5),
do not apply to contracts entered into by the State Board of Investment related to an
investment under this section.
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Minnesota Statutes 2024, section 13.04, subdivision 4, is amended to read:
(a) An individual subject
of the data may contest the accuracy or completeness of public or private data about
themselves.
(b) To exercise this right, an individual shall notify in writing the responsible authority
of the government entity that maintains the data, describing the nature of the disagreement.
(c) Upon receiving notification from the data subject, the responsible authority shall
within 30 days either:
(1) correct the data found to be inaccurate or incomplete and attempt to notify past
recipients of inaccurate or incomplete data, including recipients named by the individual;
or
(2) notify the individual that the responsible authority has determined the data to be
correct. If the challenged data are determined to be accurate or complete, the responsible
authority shall inform the individual of the right to appeal the determination to the
commissioner as specified under paragraph (d). Data in dispute shall be disclosed only if
the individual's statement of disagreement is included with the disclosed data.
(d) A data subject may appeal the determination of the responsible authority pursuant
to the provisions of the Administrative Procedure Act relating to contested cases. An
individual must submit an appeal to the commissioner within 60 days of the responsible
authority's notice of the right to appeal or as otherwise provided by the rules of the
commissioner. Upon receipt of an appeal by an individual, the commissioner shall, before
issuing the order and notice of a contested case hearing required by chapter 14, try to resolve
the dispute through education, conference, conciliation, or persuasion. If the parties consent,
the commissioner may refer the matter to mediation. Following these efforts, the
commissioner shall dismiss the appeal or issue the order and notice of hearing.
(e) The commissioner may dismiss an appeal without first attempting to resolve the
dispute or before issuing an order and notice of a contested case hearing if:
(1) the appeal to the commissioner is not timely;
(2) the appeal concerns data previously presented as evidence in a court proceeding in
which the data subject was a party; or
(3) the individual making the appeal is not the subject of the data challenged as inaccurate
or incomplete.
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(f) A responsible authority may submit private data to the commissioner to respond to
a data subject's appeal of the determination that data are accurate and complete. Section
13.03, subdivision 4, applies to data submitted by the responsible authority. Government
data submitted to the commissioner by a government entity, copies of government data
submitted by a data subject, or government data described by the data subject in their appeal
have the same classification as the data when maintained by the government entity. The
commissioner may disclose private data contained within the appeal record to the Office
of Administrative Hearings.
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deleted text begin (f)deleted text end new text begin (g)new text end Data on individuals that have been successfully challenged by an individual must
be completed, corrected, or destroyed by a government entity without regard to the
requirements of section 138.17.
deleted text begin (g)deleted text end new text begin (h)new text end After completing, correcting, or destroying successfully challenged data, a
government entity may retain a copy of the commissioner of administration's order issued
under chapter 14 or, if no order were issued, a summary of the dispute between the parties
that does not contain any particulars of the successfully challenged data.
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(i) Data maintained by the commissioner that a responsible authority has completed,
corrected, or destroyed as the result of the informal resolution process described in paragraph
(d) or by order of the commissioner are private data on individuals.
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(a) For purposes of this section, the following terms have
the meanings given.
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(b) "Public program" means any program funded by a state or federal agency that involves
transfer or disbursement of public funds or other public resources.
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(c) "Fraud" means an intentional or deliberate act to deprive another of property or
money or to acquire property or money by deception or other unfair means. Fraud includes
intentionally submitting false information to a federal, state, or local government entity for
the purpose of obtaining a greater compensation or benefit than that to which the person is
legally entitled. Fraud includes acts that constitute a crime against any program, or acts that
attempt or conspire to commit those crimes, including but not limited to theft in violation
of section 609.52, perjury in violation of section 609.48, and aggravated forgery and forgery
in violation of sections 609.625 and 609.63, and substantially similar federal laws.
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Notwithstanding
any provision of law to the contrary specifically prohibiting data sharing, any government
entity may disclose data relating to suspected or confirmed fraud in public programs to any
other government entity, federal agency, or law enforcement agency if the access would
promote the protection of public resources, promote the integrity of public programs, or aid
the law enforcement process.
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Minnesota Statutes 2024, section 14.48, subdivision 1, is amended to read:
A state deleted text begin Officedeleted text end new text begin Courtnew text end of Administrative Hearings is created.
Minnesota Statutes 2024, section 14.48, subdivision 2, is amended to read:
(a) The deleted text begin officedeleted text end new text begin courtnew text end shall be under the direction
of a chief administrative law judge who shall be learned in the law and appointed by the
governor, with the advice and consent of the senate, for a term ending on June 30 of the
sixth calendar year after appointment. Senate confirmation of the chief administrative law
judge shall be as provided by section 15.066.
(b) The chief administrative law judge may hear cases and, in accordance with chapter
43A, shall appoint a deputy chief judge and additional administrative law judges and
compensation judges to serve in the deleted text begin officedeleted text end new text begin courtnew text end as necessary to fulfill the duties of the
deleted text begin Officedeleted text end new text begin Courtnew text end of Administrative Hearings.
(c) The chief administrative law judge may delegate to a subordinate employee the
exercise of a specified statutory power or duty as deemed advisable, subject to the control
of the chief administrative law judge. Every delegation must be by written order filed with
the secretary of state. The chief administrative law judge is subject to the provisions of the
Minnesota Constitution, article VI, section 6, the jurisdiction of the Board on Judicial
Standards, and the provisions of the Code of Judicial Conduct.
(d) If a vacancy in the position of chief administrative law judge occurs, an acting or
temporary chief administrative law judge must be named as follows:
(1) at the end of the term of a chief administrative law judge, the incumbent chief
administrative law judge may, at the discretion of the appointing authority, serve as acting
chief administrative law judge until a successor is appointed; and
(2) if at the end of a term of a chief administrative law judge the incumbent chief
administrative law judge is not designated as acting chief administrative law judge, or if a
vacancy occurs in the position of chief administrative law judge, the deputy chief judge
shall immediately become temporary chief administrative law judge without further official
action.
(e) The appointing authority of the chief administrative law judge may appoint a person
other than the deputy chief judge to serve as temporary chief administrative law judge and
may replace any other acting or temporary chief administrative law judge designated pursuant
to paragraph (d), clause (1) or (2).
Minnesota Statutes 2024, section 14.62, subdivision 1, is amended to read:
Every decision and order rendered by an agency in
a contested case shall be in writing, shall be based on the record and shall include the agency's
findings of fact and conclusions on all material issues. A decision or order that rejects or
modifies a finding of fact, conclusion, or recommendation contained in the report of the
administrative law judge required under sections 14.48 to 14.56,new text begin or requests remand under
subdivision 2b,new text end must include the reasons for each rejection deleted text begin ordeleted text end new text begin ,new text end modificationnew text begin , or request for
remandnew text end . A copy of the decision and order shall be served upon each party or the party's
representative and the administrative law judge by first class mail.
Minnesota Statutes 2024, section 14.62, subdivision 2a, is amended to read:
Unless otherwise
provided by law, the report or order of the administrative law judge constitutes the final
decision in the case unless the agency modifies deleted text begin or rejects it underdeleted text end new text begin , rejects, or requests remand
pursuant tonew text end subdivision 1 within 90 days after the record of the proceeding closes under
section 14.61. When the agency fails to act within 90 days on a licensing case, the agency
must return the record of the proceeding to the administrative law judge for consideration
of disciplinary action. In all contested cases where the report or order of the administrative
law judge constitutes the final decision in the case, the administrative law judge shall issue
findings of fact, conclusions, and an order within 90 days after the hearing record closes
under section 14.61. Upon a showing of good cause by a party or the agency, the chief
administrative law judge may order a reasonable extension of either of the two 90-day
deadlines specified in this subdivision. The 90-day deadline will be tolled while the chief
administrative law judge considers a request for reasonable extension so long as the request
was filed and served within the applicable 90-day period.
Minnesota Statutes 2024, section 14.62, is amended by adding a subdivision to
read:
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(a) An agency may request remand of a finding
of fact, conclusion of law, or recommendation within 45 days following the close of the
hearing record under section 14.61. Upon a showing of good cause by the agency, the chief
administrative law judge may consider a request for remand received after the deadline
specified in this provision.
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(b) The requesting agency must state with specificity the reasons the agency is requesting
remand. If the agency requests remand for additional fact finding, the agency must state
with specificity that it is requesting remand for further fact finding, identify the issues for
which further fact finding is needed, and explain why further fact finding is necessary to
facilitate a fair and just final decision.
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(c) The chief administrative law judge, or their designee, must accept a request for
remand within ten business days if:
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(1) the agency rejects a recommendation to grant summary disposition;
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(2) a party who had procedurally defaulted during the administrative proceedings seeks
to participate; or
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(3) following remand from the Minnesota Court of Appeals or Minnesota Supreme
Court, or identification of a mathematical or clerical error, the agency identifies a need for
additional proceedings before the Court of Administrative Hearings.
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(d) The chief administrative law judge, or their designee, may accept a request for remand
within ten business days for other reasons as justice requires and consistent with section
14.001.
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(e) When a request for remand is accepted by the chief administrative law judge or their
designee, the chief administrative law judge or their designee must assign an administrative
law judge to conduct further proceedings under this chapter on the issues accepted for
remand.
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(a) For purposes of this section, the following terms have
the meanings given.
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(b) "Credible allegation of fraud" means an allegation of fraud that has been verified by
the head of a state agency from any source, including but not limited to fraud complaints;
patterns identified through audits, civil cases, law enforcement investigations, or
investigations by other state or federal agencies; and court filings and other legal documents,
including but not limited to police reports, complaints, indictments, information, affidavits,
declarations, and search warrants.
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(c) "Fraud" means an intentional or deliberate act to deprive another of property or
money or to acquire property or money by deception or other unfair means. Fraud includes
intentionally submitting false information to a federal, state, or local government entity for
the purpose of obtaining a greater compensation or benefit than that to which the person is
legally entitled. Fraud also includes acts which constitute a crime against any program, or
the attempts or plans to commit those crimes, including but not limited to theft in violation
of section 609.52, perjury in violation of section 609.48, and aggravated forgery and forgery
in violation of sections 609.625 and 609.63, and substantially similar federal laws.
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(d) "Individual" means a natural person.
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(e) "Program" means any program funded by a state or federal agency that involves the
transfer or disbursement of public funds or other public resources.
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(f) "Program participant" means any entity or individual that receives, disburses, or has
custody of funds or other resources transferred or disbursed under a program.
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(g) "State agency" means any department or agency of the state as defined in sections
15.01 and 15.012.
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(a) Except as otherwise authorized and to the extent
permitted by federal law, the head of any state agency may withhold payments to a program
participant in any program administered by that agency if the agency head determines there
is a credible allegation of fraud under investigation and the program participant is a subject
of the investigation.
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(b) Notwithstanding subdivision 3, the state agency head must send notice of the
withholding of payments to the program participant within five days of taking such action.
The notice must:
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(1) state that payments are being withheld in accordance with this section;
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(2) state the reasons for withholding payments, but need not disclose specific information
concerning an ongoing investigation;
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(3) state that the withholding is for a temporary period and cite the circumstances under
which withholding shall be terminated; and
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(4) inform the program participant of the right to submit written evidence for
consideration by the state agency head.
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(c) The withholding of payments shall not continue after the state agency head determines
there is insufficient evidence of fraud by the program participant, or after legal proceedings
relating to the alleged fraud are completed, unless the state agency head is authorized by
law to take additional action against the program participant and complies with all
requirements in law to take such action.
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(d) The withholding of payments is a temporary action and is not subject to appeal under
chapter 14.
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(a) During the payment withholding period
under this section, all data relating to a credible allegation of fraud and withholding of
payments under this section are classified as: (1) confidential data on individuals pursuant
to section 13.02, subdivision 3; or (2) protected nonpublic data pursuant to section 13.02,
subdivision 13, in the case of data not on individuals. The agency head may disclose that
payments are being withheld from a program participant if the agency head determines that
doing so will not compromise an ongoing investigation.
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(b) Except for the identity of a complainant, after a determination has been made under
subdivision 2, paragraph (c), that withholding of payments shall not continue, all data relating
to a credible allegation of fraud and withholding of payments under this section becomes
public unless classified otherwise under state or federal law. The identity of a complainant
is private.
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(c) Any state agency may disclose any data classified as confidential or protected
nonpublic under this section to any federal, state, or local government agency, or any law
enforcement agency, if the state agency determines that access will help prevent fraud
against public programs or aid the law enforcement process.
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The commissioner or chief executive officer of each state department, board, commission,
office, or other agency must ensure that employee and nonemployee concerns about the
misuse of public money, other public resources, or government data are promptly directed
to one or more of the obligated officers identified in section 3.971, subdivision 9, or the
Office of the Legislative Auditor. The commissioner of management and budget must
develop a policy to operationalize and standardize the process under this section across state
agencies.
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Each state agency must clearly post on the agency's website a current organizational
chart that includes the name and contact information for the agency head, all deputy and
assistant agency heads, and the head of each division or bureau within the agency.
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The state agency value initiative (SAVI) program
is established to encourage state agencies to identify cost-effective and efficiency measures
in agency programs and operations that result in cost savings for the state. All state agencies,
including Minnesota State Colleges and Universities, may participate in this program.
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(a) In order to encourage innovation and creative cost savings
by state employees, upon approval of the commissioner of management and budget, 50
percent of any appropriations for agency operations that remain unspent at the end of a
biennium because of unanticipated innovation, efficiencies, or creative cost-savings may
be carried forward and retained by the agency to fund specific agency proposals or projects.
Agencies choosing to spend retained savings funds must ensure that project expenditures
do not create future obligations beyond the amounts available from the retained savings.
The retained savings must be used only to fund projects that directly support the agency's
mission. This section does not restrict authority granted by other law to carry forward money
for a different period or for different purposes.
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(b) This section supersedes any contrary provision of section 16A.28.
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(a) Each participating agency
must organize a peer review panel that will determine which proposal or project receives
funding from the SAVI program. The peer review panel must be comprised of department
employees who are credited with cost-savings initiatives and department managers. The
ratio between managers and department employees must be balanced.
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(b) An agency may spend money for a project recommended for funding by the peer
review panel after:
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(1) the agency has posted notice of spending for the proposed project on the agency
website for at least 30 days; and
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(2) the commissioner of management and budget has approved spending money from
the SAVI account for the project.
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(c) Before approving a project, the commissioner of management and budget must submit
the request to the Legislative Advisory Commission for its review and recommendation.
Upon receiving a request from the commissioner, the Legislative Advisory Commission
shall post notice of the request on a legislative website for at least 30 days. Failure of the
commission to make a recommendation within this 30-day period is considered a negative
recommendation. A recommendation of the commission must be made at a meeting of the
commission unless a written recommendation is signed by all members entitled to vote on
the item.
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Each agency that participates in the SAVI program
shall have a SAVI-dedicated account in the special revenue fund, or other appropriate fund
as determined by the commissioner of management and budget, into which the agency's
savings are deposited. The agency will manage and review projects that are funded from
this account. Money in the account is appropriated to the participating agency for purposes
authorized by this section.
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This section expires June 30, 2030.
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This section is effective June 30, 2025, and first applies to funds
to be carried forward from the biennium ending June 30, 2025, to the biennium beginning
July 1, 2025.
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Minnesota Statutes 2024, section 15A.082, subdivision 3, is amended to read:
(a) By deleted text begin Aprildeleted text end new text begin Septembernew text end
1 in each deleted text begin odd-numbereddeleted text end new text begin even-numberednew text end year, the Compensation Council shall submit to
the speaker of the house and the president of the senate salary recommendations for justices
of the supreme court, and judges of the court of appeals and district court. The recommended
salaries take effect on July 1 of deleted text begin thatdeleted text end new text begin the nextnew text end year and July 1 of the subsequent even-numbered
year deleted text begin and at whatever interval the council recommends thereafterdeleted text end , unless the legislature by
law provides otherwise. The salary recommendations take effect if an appropriation of
money to pay the recommended salaries is enacted after the recommendations are submitted
and before their effective date. Recommendations may be expressly modified or rejected.
(b) By April 1 in each odd-numbered year, the Compensation Council must prescribe
salaries for constitutional officers, and for the agency and metropolitan agency heads
identified in section 15A.0815. The prescribed salary for each office must take effect July
1 of that year and July 1 of the subsequent even-numbered year and at whatever interval
the council determines thereafter, unless the legislature by law provides otherwise. An
appropriation by the legislature to fund the relevant office, branch, or agency of an amount
sufficient to pay the salaries prescribed by the council constitutes a prescription by law as
provided in the Minnesota Constitution, article V, sections 4 and 5.
(c) By April 1 in each odd-numbered year, the Compensation Council must prescribe
daily compensation for voting members of the Direct Care and Treatment executive board.
The recommended daily compensation takes effect on July 1 of that year and July 1 of the
subsequent even-numbered year and at whatever interval the council recommends thereafter,
unless the legislature by law provides otherwise.
Minnesota Statutes 2024, section 15A.082, subdivision 7, is amended to read:
Members may not have any communication
with a constitutional officer, a head of a state agency, a member of the judiciary, or a member
of the Direct Care and Treatment executive board during the period after the first meeting
is convened under this section and the date the prescribed and recommended salaries and
daily compensation are submitted under subdivision 3.new text begin This subdivision does not apply to
testimony provided to the council in the course of an official council meeting or to other
communications when a majority of the members are present. This subdivision does not
preclude a member who is an attorney from communicating with an agency head, judge, or
justice as necessary to represent a client.
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Minnesota Statutes 2024, section 16A.28, subdivision 3, is amended to read:
Any portion of any appropriation not carried forward and remaining
unexpended and unencumbered at the close of a fiscal year lapses to the fund from which
it was originally appropriated. new text begin Except as provided in section 15.761, new text end any appropriation
amounts not carried forward and remaining unexpended and unencumbered at the close of
a biennium lapse to the fund from which the appropriation was made.
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This section is effective June 30, 2025.
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Minnesota Statutes 2024, section 16B.055, subdivision 1, is amended to read:
(a) The Department of Administration
is designated as the lead agency to carry out all the responsibilities under the new text begin 21st Century
new text end Assistive Technology Act deleted text begin of 1998deleted text end , as provided by Public Law deleted text begin 108-364, as amendeddeleted text end new text begin 117-263new text end .
The Minnesota Assistive Technology Advisory Council is established to fulfill the
responsibilities required by the new text begin 21st Century new text end Assistive Technology Act, as provided by
Public Law deleted text begin 108-364, as amendeddeleted text end new text begin 117-263new text end . Because the existence of this council is required
by federal law, this council does not expire.
(b) Except as provided in paragraph (c), the governor shall appoint the membership of
the council as required by the new text begin 21st Century new text end Assistive Technology Act deleted text begin of 1998deleted text end , as provided
by Public Law deleted text begin 108-364, as amendeddeleted text end new text begin 117-263new text end . After the governor has completed the
appointments required by this subdivision, the commissioner of administration, or the
commissioner's designee, shall convene the first meeting of the council following the
appointments. Members shall serve two-year terms commencing July 1 of each odd-numbered
year, and receive the compensation specified by the new text begin 21st Century new text end Assistive Technology Act
deleted text begin of 1998deleted text end , as provided by Public Law deleted text begin 108-364, as amendeddeleted text end new text begin 117-263new text end . The members of the
council shall select their chair at the first meeting following their appointment.
(c) After consulting with the appropriate commissioner, the commissioner of
administration shall appoint a representative from:
(1) State Services for the Blind who has assistive technology expertise;
(2) vocational rehabilitation services who has assistive technology expertise;
(3) the Workforce Development Board; deleted text begin and
deleted text end
(4) the Department of Education who has assistive technology expertisenew text begin ; and
new text end
new text begin (5) the Board on Agingnew text end .
Minnesota Statutes 2024, section 16B.335, subdivision 2, is amended to read:
All other capital projects for which a specific appropriation is
madenew text begin , including projects that are exempt under subdivision 1, paragraph (b),new text end must not
proceed until the recipient undertaking the project has notified the chairs and ranking minority
members of the senate Capital Investment and Finance Committees and the house of
representatives Capital Investment and Ways and Means Committees that the work is ready
to begin. Notice is not required for:
(1) capital projects needed to comply with the Americans with Disabilities Act;
(2) asset preservation projects to which section 16B.307 applies;
(3) projects funded by an agency's operating budget; or
(4) projects funded by a capital asset preservation and replacement account under section
16A.632, a higher education asset preservation and replacement account under section
135A.046, or a natural resources asset preservation and replacement account under section
84.946.
Minnesota Statutes 2024, section 16B.48, subdivision 4, is amended to read:
new text begin (a) new text end Except as specifically provided otherwise by law, each
agency shall reimburse the general services revolving funds for the cost of all services,
supplies, materials, labor, and depreciation of equipment, including reasonable overhead
costs, which the commissioner is authorized and directed to furnish an agency. The cost of
all publications or other materials produced by the commissioner and financed from the
general services revolving fund must include reasonable overhead costs.
new text begin (b)new text end The commissioner of administration shall report the rates to be charged for the general
services revolving funds no later than deleted text begin July 1deleted text end new text begin September 15new text end each year to the chair of the
committee or division in the senate and house of representatives with primary jurisdiction
over the budget of the Department of Administration.
new text begin (c)new text end The commissioner of management and budget shall make appropriate transfers to
the revolving funds described in this section when requested by the commissioner of
administration. The commissioner of administration may make allotments, encumbrances,
and, with the approval of the commissioner of management and budget, disbursements in
anticipation of such transfers. In addition, the commissioner of administration, with the
approval of the commissioner of management and budget, may require an agency to make
advance payments to the revolving funds in this section sufficient to cover the agency's
estimated obligation for a period of at least 60 days.
new text begin (d)new text end All reimbursements and other money received by the commissioner of administration
under this section must be deposited in the appropriate revolving fund. Any earnings
remaining in the fund established to account for the documents service prescribed by section
16B.51 at the end of each fiscal year not otherwise needed for present or future operations,
as determined by the commissioners of administration and management and budget, must
be transferred to the general fund.
Minnesota Statutes 2024, section 16B.54, subdivision 2, is amended to read:
(a) The commissioner may direct an agency to make a transfer of a
passenger motor vehicle or truck currently assigned to it. The transfer must be made to the
commissioner for use in the enterprise fleet. The commissioner shall reimburse an agency
whose motor vehicles have been paid for with funds dedicated by the constitution for a
special purpose and which are assigned to the enterprise fleet. The amount of reimbursement
for a motor vehicle is its average wholesale price as determined from the midwest edition
of the National Automobile Dealers Association official used car guide.
(b) To the extent that funds are available for the purpose, the commissioner may purchase
or otherwise acquire additional passenger motor vehicles and trucks necessary for the
enterprise fleet. The title to all motor vehicles assigned to or purchased or acquired for the
enterprise fleet is in the name of the Department of Administration.
(c) On the request of an agency, the commissioner may transfer to the enterprise fleet
any passenger motor vehicle or truck for the purpose of disposing of it. The department or
agency transferring the vehicle or truck must be paid for it from the motor pool revolving
account established by this section in an amount equal to two-thirds of the average wholesale
price of the vehicle or truck as determined from the midwest edition of the National
Automobile Dealers Association official used car guide.
(d) The commissioner shall provide for the uniform marking of all motor vehicles. Motor
vehicle colors must be selected from the regular color chart provided by the manufacturer
each year. The commissioner may further provide for the use of motor vehicles without
marking by:
(1) the governor;
(2) the lieutenant governor;
(3) the Division of Criminal Apprehension, the Division of Alcohol and Gambling
Enforcement, and arson investigators of the Division of Fire Marshal in the Department of
Public Safety;
(4) the Financial Institutions Division and investigative staff of the Department of
Commerce;
(5) the Division of Disease Prevention and Control of the Department of Health;
(6) the State Lottery;
(7) criminal investigators of the Department of Revenue;
(8) state-owned community service facilities in Direct Care and Treatment;
(9) the Office of the Attorney General;
(10) the investigative staff of the Gambling Control Board; deleted text begin and
deleted text end
(11) the Department of Corrections inmate community work crew program under section
352.91, subdivision 3gdeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(12) the Office of Ombudsman for Long-Term Care.
new text end
Minnesota Statutes 2024, section 16B.97, subdivision 1, is amended to read:
(a) new text begin For the purposes of this section, the
following terms have the meanings given:
new text end
deleted text begin A grant agreement isdeleted text end new text begin (1) "grant agreement" meansnew text end a written instrument or electronic
document defining a legal relationship between a granting agency and a grantee when the
principal purpose of the relationship is to transfer cash or something of value to the recipient
to support a public purpose authorized by law instead of acquiring by professional or technical
contract, purchase, lease, or barter property or services for the direct benefit or use of the
granting agencynew text begin ; and
new text end
new text begin (2) "grantee" means a potential or current recipient of a state-issued grantnew text end .
(b) This section does not apply to general obligation grants as defined by section 16A.695
deleted text begin anddeleted text end new text begin ,new text end capital project grants to political subdivisions as defined by section 16A.86new text begin , or capital
project grants otherwise subject to section 16A.642new text end .
Minnesota Statutes 2024, section 16B.98, subdivision 1, is amended to read:
(a) As a condition of receiving a grant from an appropriation
of state funds, the recipient of the grant must agree deleted text begin to minimizedeleted text end new text begin thatnew text end administrative costsnew text begin
must be necessary and reasonablenew text end . The granting agency is responsible for negotiating
appropriate limits to these costs so that the state derives the optimum benefit for grant
funding.
(b) This section does not apply to general obligation grants as defined by section 16A.695
and also capital project grants to political subdivisions as defined by section 16A.86new text begin , or
capital project grants otherwise subject to section 16A.642new text end .
Minnesota Statutes 2024, section 16B.98, subdivision 4, is amended to read:
A state employee who discovers evidence of violation
of laws or rules governing grants deleted text begin is encouraged todeleted text end new text begin must promptlynew text end report the violation or
suspected violation to the employee's supervisornew text begin or managernew text end , the commissioner or the
commissioner's designee, or the legislative auditor. new text begin If the state employee notifies the
employee's supervisor or manager, or the commissioner or the commissioner's designee,
then the supervisor, manager, commissioner, or commissioner's designee must notify the
legislative auditor. new text end The legislative auditor shall report to the Legislative Audit Commission
if there are multiple complaints about the same agency. deleted text begin The auditor's report to the Legislative
Audit Commission under this section must disclose only the number and type of violations
alleged.deleted text end An employee making a good faith report under this section has the protections
provided for under section 181.932, prohibiting the employer from discriminating against
the employee.
Minnesota Statutes 2024, section 16B.98, subdivision 5, is amended to read:
(a) A grant agreement and
amendments are not valid and do not bind unless:
(1) the grant agreement and amendments have been executed by the head of the agency
or a delegate who is party to the grant;
(2) the grant agreement and amendments have been approved by the commissioner;
(3) the accounting system shows an encumbrance for the amount of the grant in
accordance with policy approved by the commissioner except as provided in subdivision
11; and
(4) the grant agreement and amendments include an effective date that references either
section 16C.05, subdivision 2, or 16B.98, subdivisions 5 and 7, as determined by the granting
agency.
(b) The combined grant agreement and amendments must not exceed five years without
specific, written approval by the commissioner according to established policy, procedures,
and standards, or unless the commissioner determines that a longer duration is in the best
interest of the state.
(c) A fully executed copy of the grant agreement with all amendments and other required
records relating to the grant must be kept on file at the granting agency for a time equal to
that required of grantees in subdivision 8.
(d) Grant agreements must comply with policies established by the commissioner for
minimum grant agreement standards and practices.new text begin As determined by the commissioner,
grant agreements must require the grantee to clearly post on the grantee's website the names
of, and contact information for, the organization's leadership and the employee or other
person who directly manages and oversees the grant for the grantee.
new text end
(e) The attorney general may periodically review and evaluate a sample of state agency
grants to ensure compliance with applicable laws.
Minnesota Statutes 2024, section 16B.981, subdivision 4, is amended to read:
(a) If, while performing the required
steps in subdivision 2 and pursuant to sections 16B.97, 16B.98, and 16B.991, the agency
requires additional information to determine whether there is a substantial risk that the
potential grantee cannot or would not perform the required duties of the grant agreement,
the agency must give the grantee deleted text begin 30 businessdeleted text end new text begin 15 calendarnew text end days within which the grantee
can respond to the agency for the purpose of satisfying the agency's concerns or work with
the agency to develop a plan to satisfy the concerns.
(b) If, after performing the required steps in subdivision 2 and pursuant to sections
16B.97, 16B.98, and 16B.991, and after reviewing any additional requested information
from the grantee, the agency still has concerns that there is a substantial risk that a potential
grantee cannot or would not perform the required duties under the grant agreement, the
agency must either create a plan to satisfy remaining concerns with the grantee or must not
award the grant.
(c) If, pursuant to paragraphs (a) and (b), the agency does not award a competitive,
single-source, or sole-source grant, the agency must provide notification to the grantee and
the commissioner of administration of the determination. The notification to the grantee
must include the agency's reason for postponing or forgoing the grant, including information
sufficient to explain and support the agency's decision, and notify the applicant of the process
for contesting the agency's decision deleted text begin with the agency and the applicant's optionsdeleted text end under
paragraph (d). deleted text begin If the applicant contests the agency's decision no later than 15 business days
after receiving the notice, the agency must consider any additional written information
submitted by the grantee. The agency has 15 business days to consider this information,
during which the agency may reverse or modify the agency's initial decision to postpone
or forgo the grant.
deleted text end
(d) The final decision by an agency under paragraph (c) may be challenged as a contested
case under chapter 14. The contested case proceeding must be initiated within 30 deleted text begin businessdeleted text end new text begin
calendarnew text end days of the date of written notification of a final decision by the agency.
(e) If, pursuant to paragraphs (a) and (b), the agency does not award a legislatively named
grant, the agency must delay award of the grant until adjournment of the next regular or
special legislative session for action from the legislature. The agency must provide
notification to the potential grantee, the commissioner of administration, and the chairs and
ranking minority members of the Ways and Means Committee in the house of representatives
and the chairs and ranking minority members of the Finance Committee in the senate. The
notification to the grantee must include the agency's reason for postponing or forgoing the
grant, including information sufficient to explain and support the agency's decision and
notify the applicant of the process for contesting the agency's decisionnew text begin under paragraph (d)new text end .
deleted text begin If the applicant contests the agency's decision no later than 15 business days after receiving
the notice, the agency must consider any additional written information submitted by the
grantee. The agency has 15 business days to consider this information, during which the
agency may reverse or modify the agency's initial decision to postpone or forgo the grant.deleted text end
The notification to the commissioner of administration and legislators must identify the
legislatively named potential grantee and the agency's reason for postponing or forgoing
the grant. After hearing the concerns of the agency, the legislature may reaffirm the award
of the grant or reappropriate the funds to a different legislatively named grantee. Based on
the action of the legislature, the agency must award the grant to the legislatively named
grantee. If the legislature does not provide direction to the agency on the disposition of the
grant, the funds revert to the original appropriation source.
Minnesota Statutes 2024, section 16B.991, subdivision 2, is amended to read:
A grant agreement must by its terms permit the commissioner to
unilaterally terminate the grant agreement prior to completion if the commissioner determines
that further performance under the grant agreement would not serve agency purposes or
new text begin performance under the grant agreement new text end is not in the best interests of the state.
Minnesota Statutes 2024, section 16C.05, is amended by adding a subdivision to
read:
new text begin
(a) A contract entered into by the state shall not contain
a term that:
new text end
new text begin
(1) requires the state to defend, indemnify, or hold harmless another person or entity,
unless specifically authorized by statute;
new text end
new text begin
(2) binds a party by terms and conditions that may be unilaterally changed by the other
party;
new text end
new text begin
(3) requires mandatory arbitration;
new text end
new text begin
(4) attempts to extend arbitration obligations to disputes unrelated to the original contract;
new text end
new text begin
(5) construes the contract in accordance with the laws of a state other than Minnesota;
new text end
new text begin
(6) obligates state funds in subsequent fiscal years in the form of automatic renewal, as
defined in section 325G.56, subdivision 2; or
new text end
new text begin
(7) is inconsistent with chapter 13, the Minnesota Government Data Practices Act.
new text end
new text begin
(b) If a contract is entered into that contains a term prohibited in paragraph (a), that term
shall be void and the contract is enforceable as if it did not contain that term.
new text end
new text begin
(c) The commissioner shall post a copy of this section on the department's website.
new text end
Minnesota Statutes 2024, section 16C.137, subdivision 2, is amended to read:
(a) The commissioner of administration, in collaboration
with the commissioners of the Pollution Control Agency, the Departments of Agriculture,
Commerce, Natural Resources, and Transportation, and other state departments, must
evaluate the goals and directives established in this section and deleted text begin reportdeleted text end new text begin includenew text end their findings
deleted text begin to the governor and the appropriate committees of the legislature by February 1 of each
odd-numbered yeardeleted text end new text begin in the public dashboard under section 16B.372new text end . In the deleted text begin reportdeleted text end new text begin public
dashboardnew text end , the commissioner must make recommendations for new or adjusted goals,
directives, or legislative initiatives, in light of the progress the state has made implementing
this section and the availability of new or improved technologies.
(b) The Department of Administration shall implement a fleet reporting and information
management system. Each department will use this management system to demonstrate its
progress in complying with this section.
Minnesota Statutes 2024, section 16C.16, subdivision 6, is amended to read:
(a) The commissioner may award up to a 12 percent
preference for specified goods or services to small targeted group businesses.
(b) The commissioner may award a contract for goods, services, or construction directly
to a small business or small targeted group business without going through a competitive
solicitation process up to a total contract award value, including extension options, of
$100,000.
(c) The commissioner may designate a purchase of goods or services for award only to
small businesses or small targeted group businesses if the commissioner determines that at
least three small businesses or small targeted group businesses are likely to respond to a
solicitation.
(d) The commissioner, as a condition of awarding a construction contract or approving
a contract for professional or technical services, may set goals that require the prime
contractor to subcontract a portion of the contract to small businesses or small targeted
group businesses. The commissioner must establish a procedure for granting waivers from
the subcontracting requirement when qualified small businesses or small targeted group
businesses are not reasonably available. The commissioner may establish financial incentives
for prime contractors who exceed the goals for use of small business or small targeted group
business subcontractors and financial penalties for prime contractors who fail to meet goals
under this paragraph. deleted text begin The subcontracting requirements of this paragraph do not apply to
prime contractors who are small businesses or small targeted group businesses.
deleted text end
Minnesota Statutes 2024, section 16C.16, subdivision 6a, is amended to read:
(a) Except when mandated by the federal
government as a condition of receiving federal funds, the commissioner shall award up to
a 12 percent preference, but no less than the percentage awarded to any other group under
this section, on state procurement to certified small businesses that are majority-owned and
operated by veterans.
(b) The commissioner may award a contract for goods, services, or construction directly
to a veteran-owned small business without going through a competitive solicitation process
up to a total contract award value, including extension options, of $100,000.
(c) The commissioner may designate a purchase of goods or services for award only to
a veteran-owned small business if the commissioner determines that at least three
veteran-owned small businesses are likely to respond to a solicitation.
(d) The commissioner, as a condition of awarding a construction contract or approving
a contract for professional or technical services, may set goals that require the prime
contractor to subcontract a portion of the contract to a veteran-owned small business. The
commissioner must establish a procedure for granting waivers from the subcontracting
requirement when qualified veteran-owned small businesses are not reasonably available.
The commissioner may establish financial incentives for prime contractors who exceed the
goals for use of veteran-owned small business subcontractors and financial penalties for
prime contractors who fail to meet goals under this paragraph. deleted text begin The subcontracting
requirements of this paragraph do not apply to prime contractors who are veteran-owned
small businesses.
deleted text end
(e) The purpose of this designation is to facilitate the transition of veterans from military
to civilian life, and to help compensate veterans for their sacrifices, including but not limited
to their sacrifice of health and time, to the state and nation during their military service, as
well as to enhance economic development within Minnesota.
(f) Before the commissioner certifies that a small business is majority-owned and operated
by a veteran, the commissioner of veterans affairs must verify that the owner of the small
business is a veteran, as defined in section 197.447.
Minnesota Statutes 2024, section 16C.16, subdivision 7, is amended to read:
(a) The commissioner may award up to
a 12 percent preference on state procurement to small businesses located in an economically
disadvantaged area.
(b) The commissioner may award a contract for goods, services, or construction directly
to a small business located in an economically disadvantaged area without going through
a competitive solicitation process up to a total contract award value, including extension
options, of $100,000.
(c) The commissioner may designate a purchase of goods or services for award only to
a small business located in an economically disadvantaged area if the commissioner
determines that at least three small businesses located in an economically disadvantaged
area are likely to respond to a solicitation.
(d) The commissioner, as a condition of awarding a construction contract or approving
a contract for professional or technical services, may set goals that require the prime
contractor to subcontract a portion of the contract to a small business located in an
economically disadvantaged area. The commissioner must establish a procedure for granting
waivers from the subcontracting requirement when qualified small businesses located in an
economically disadvantaged area are not reasonably available. The commissioner may
establish financial incentives for prime contractors who exceed the goals for use of
subcontractors that are small businesses located in an economically disadvantaged area and
financial penalties for prime contractors who fail to meet goals under this paragraph. deleted text begin The
subcontracting requirements of this paragraph do not apply to prime contractors who are
small businesses located in an economically disadvantaged area.
deleted text end
(e) A business is located in an economically disadvantaged area if:
(1) the owner resides in or the business is located in a county in which the median income
for married couples is less than 70 percent of the state median income for married couples;
(2) the owner resides in or the business is located in an area designated a labor surplus
area by the United States Department of Labor; or
(3) the business is a certified rehabilitation facility or extended employment provider as
described in chapter 268A.
(f) The commissioner may designate one or more areas designated as targeted
neighborhoods under section 469.202 or as border city enterprise zones under section
469.166 as economically disadvantaged areas for purposes of this subdivision if the
commissioner determines that this designation would further the purposes of this section.
If the owner of a small business resides or is employed in a designated area, the small
business is eligible for any preference provided under this subdivision.
(g) The Department of Revenue shall gather data necessary to make the determinations
required by paragraph (e), clause (1), and shall annually certify counties that qualify under
paragraph (e), clause (1). An area designated a labor surplus area retains that status for 120
days after certified small businesses in the area are notified of the termination of the
designation by the United States Department of Labor.
Minnesota Statutes 2024, section 16D.09, subdivision 1, is amended to read:
(a) When a debt is determined by a state agency to be
uncollectible, the debt may be written off by the state agency from the state agency's financial
accounting records and no longer recognized as an account receivable for financial reporting
purposes. A debt is considered to be uncollectible when (1) all reasonable collection efforts
have been exhausted, (2) the cost of further collection action will exceed the amount
recoverable, (3) the debt is legally without merit or cannot be substantiated by evidence,
(4) the debtor cannot be located, (5) the available assets or income, current or anticipated,
that may be available for payment of the debt are insufficient, (6) the debt has been
discharged in bankruptcy, (7) the applicable statute of limitations for collection of the debt
has expired, or (8) it is not in the public interest to pursue collection of the debt.
(b) Uncollectible debt must be reported by the state agency as part of its quarterly reports
to the commissioner of management and budget. The basis for the determination of the
uncollectibility of the debt must be maintained by the state agency. If an uncollectible debt
equals or exceeds $100,000, the agency shall notify the chairs and ranking minority members
of the legislative committees with jurisdiction over the state agency's budget at the time the
debt is determined to be uncollectible. The information reported shall contain the entity
associated with the uncollected debt, the amount of the debt, the revenue type, the reason
the debt is considered uncollectible, and the duration the debt has been outstanding. The
commissioner of management and budget shall report to the chairs and ranking minority
members of the legislative committees with jurisdiction over Minnesota Management and
Budget an annual summary of the number and dollar amount of debts determined to be
uncollectible during the previous fiscal year by deleted text begin October 31deleted text end new text begin November 30new text end of each year.
Determining that the debt is uncollectible does not cancel the legal obligation of the debtor
to pay the debt.
Minnesota Statutes 2024, section 43A.27, subdivision 3, is amended to read:
(a) A person may elect to purchase at personal expense
individual and dependent hospital, medical, and dental coverages if the person is:
(1) a retired employee of the state or an organization listed in subdivision 2 or section
43A.24, subdivision 2, who, at separation of service:
(i) is immediately eligible to receive a retirement benefit under chapter 354B or an
annuity under a retirement program sponsored by the state or such organization of the state;
(ii) immediately meets the age and service requirements in section 352.115, subdivision
1; and
(iii) has five years of service or meets the service requirement of the collective bargaining
agreement or plan, whichever is greater; or
(2) a retired employee of the state who is at least 50 years of age and has at least 15
years of state service.
(b) The commissioner shall offer at least one plan which is actuarially equivalent to
those made available through collective bargaining agreements or plans established under
section 43A.18 to employees in positions equivalent to that from which retired.
(c) A spouse of a person eligible under paragraph (a) may purchase the coverage listed
in this subdivision if the spouse was a dependent under the retired employee's coverage at
the time of the retiree's death.
new text begin
(d) A spouse of a person eligible under paragraph (a) who is a dependent under the
retired employee's coverage may purchase the coverage listed in this subdivision if the
retired employee loses eligibility for coverage because the retired employee enrolls in
medical assistance under chapter 256B and has a disability that meets the categorical
eligibility requirements of the Supplemental Security Income program.
new text end
deleted text begin (d)deleted text end new text begin (e)new text end Coverages must be coordinated with relevant health insurance benefits provided
through the federally sponsored Medicare program. Until the retired employee reaches age
65, the retired employee and dependents must be pooled in the same group as active
employees for purposes of establishing premiums and coverage for hospital, medical, and
dental insurance. Coverage for retired employees and their dependents may not discriminate
on the basis of evidence of insurability or preexisting conditions unless identical conditions
are imposed on active employees in the group that the employee left. Appointing authorities
shall provide notice to employees no later than the effective date of their retirement of the
right to exercise the option provided in this subdivision. The retired employee must notify
the commissioner or designee of the commissioner within 30 days after the effective date
of the retirement of intent to exercise this option.
Minnesota Statutes 2024, section 151.741, subdivision 5, is amended to read:
(a)
The insulin repayment account is established in the special revenue fund in the state treasury.
Money in the account is appropriated each fiscal year to the commissioner of administration
to reimburse manufacturers for insulin dispensed under the insulin safety net program in
section 151.74, in accordance with section 151.74, subdivisions 3, paragraph (h), and 6,
paragraph (h), and to cover costs incurred by the commissioner in providing these
reimbursement payments.
(b) By June 30, 2025, and each June 30 thereafter, the commissioner of administration
shall certify to the commissioner of management and budget the total amount expended in
the prior fiscal year for:
(1) reimbursement to manufacturers for insulin dispensed under the insulin safety net
program in section 151.74, in accordance with section 151.74, subdivisions 3, paragraph
(h), and 6, paragraph (h); and
(2) costs incurred by the commissioner of administration in providing the reimbursement
payments described in clause (1).
(c) The commissioner of management and budget shall transfer from the health care
access fund to the deleted text begin special revenue funddeleted text end new text begin insulin repayment accountnew text end , beginning July 1, 2025,
and each July 1 thereafter, an amount equal to the amount to which the commissioner of
administration certified pursuant to paragraph (b).
Minnesota Statutes 2024, section 181.931, is amended by adding a subdivision
to read:
new text begin
"Fraud" means an intentional or deceptive act, or failure to act, to gain
an unlawful benefit.
new text end
Minnesota Statutes 2024, section 181.931, is amended by adding a subdivision
to read:
new text begin
"Misuse" means the improper use of authority or position for personal
gain or to cause harm to others, including the improper use of public resources or programs
contrary to their intended purpose.
new text end
Minnesota Statutes 2024, section 181.931, is amended by adding a subdivision
to read:
new text begin
"Personal gain" means a benefit to a person; a person's spouse,
parent, child, or other legal dependent; or an in-law of the person or the person's child.
new text end
Minnesota Statutes 2024, section 181.932, subdivision 1, is amended to read:
An employer shall not discharge, discipline, penalize,
interfere with, threaten, restrain, coerce, or otherwise retaliate or discriminate against an
employee regarding the employee's compensation, terms, conditions, location, or privileges
of employment because:
(1) the employee, or a person acting on behalf of an employee, in good faith, reports a
violation, suspected violation, or planned violation of any federal or state law or common
law or rule adopted pursuant to law to an employer or to any governmental body or law
enforcement official;
(2) the employee is requested by a public body or office to participate in an investigation,
hearing, inquiry;
(3) the employee refuses an employer's order to perform an action that the employee
has an objective basis in fact to believe violates any state or federal law or rule or regulation
adopted pursuant to law, and the employee informs the employer that the order is being
refused for that reason;
(4) the employee, in good faith, reports a situation in which the quality of health care
services provided by a health care facility, organization, or health care provider violates a
standard established by federal or state law or a professionally recognized national clinical
or ethical standard and potentially places the public at risk of harm;
(5) a public employee communicates the findings of a scientific or technical study that
the employee, in good faith, believes to be truthful and accurate, including reports to a
governmental body or law enforcement official; or
(6) deleted text begin an employee in the classified service of state governmentdeleted text end new text begin a state employeenew text end
communicates information that the employee, in good faith, believes to be truthful and
accurate, and that relates to state deleted text begin services, including the financing of state servicesdeleted text end new text begin programs,
services, or financing, including but not limited to fraud or misuse within state programs,
services, or financingnew text end , to:
(i) a legislator or the legislative auditor; deleted text begin or
deleted text end
(ii) a constitutional officerdeleted text begin .deleted text end new text begin ;
new text end
new text begin
(iii) an employer;
new text end
new text begin
(iv) any governmental body; or
new text end
new text begin
(v) a law enforcement official.
new text end
The disclosures protected pursuant to this section do not authorize the disclosure of data
otherwise protected by law.
Minnesota Statutes 2024, section 471.6985, subdivision 2, is amended to read:
Any city operating a municipal
liquor store with total annual sales in excess of deleted text begin $350,000deleted text end new text begin $750,000new text end shall submit to the state
auditor audited financial statements for the liquor store that have been attested to by a
certified public accountant or the state auditor within 180 days after the close of the fiscal
year, except that the state auditor may extend the deadline upon request of a city and a
showing of inability to conform. The state auditor may accept this report in lieu of the report
required by subdivision 1.
new text begin
This section is effective the day following final enactment.
new text end
new text begin
The Compensation Council appointed under Minnesota Statutes, section 15A.082, in
2025 is revived on June 1, 2026, and expires upon the council's submission of judicial salary
recommendations in accordance with Minnesota Statutes, section 15A.082, subdivision 3,
paragraph (a), as amended in section 21.
new text end
new text begin
The revisor of statutes shall change the term "Office of Administrative Hearings" to
"Court of Administrative Hearings" wherever the term appears in Minnesota Statutes. The
revisor of statutes shall also change the term "office" to "court" wherever the term "office"
appears and refers to the Office of Administrative Hearings in Minnesota Statutes.
new text end
new text begin
(a)
new text end
new text begin
Minnesota Statutes 2024, sections 3.8842;
and 3.8845,
new text end
new text begin
are repealed.
new text end
new text begin
(b)
new text end
new text begin
Laws 2019, First Special Session chapter 3, article 2, section 34, as amended by
Laws 2020, chapter 100, section 22; and Laws 2022, chapter 50, article 3, section 2,
new text end
new text begin
are
repealed.
new text end
new text begin
Minnesota Statutes 2024, section 16B.45,
new text end
new text begin
is repealed.
new text end
new text begin
Minnesota Statutes 2024, sections 16B.328,
subdivision 2; and 16C.36,
new text end
new text begin
are repealed.
new text end
new text begin
Minnesota Statutes 2024, sections 211B.06; and
211B.08,
new text end
new text begin
are repealed.
new text end
Minnesota Statutes 2024, section 43A.01, subdivision 3, is amended to read:
It is the policy of this state deleted text begin to attemptdeleted text end
to establish equitable compensation relationships between female-dominated,
male-dominated, and balanced classes of employees in the executive branch. Compensation
relationships are equitable within the meaning of this subdivision when the primary
consideration in negotiating, establishing, recommending, and approving total compensation
is comparability of the value of the work in relationship to other deleted text begin positionsdeleted text end new text begin classificationsnew text end
in the executive branch.
Minnesota Statutes 2024, section 43A.02, subdivision 14, is amended to read:
"deleted text begin Commissioner'sdeleted text end new text begin Nonrepresented employees compensationnew text end plan" means the plan
required by section 3.855 regarding total compensation and terms and conditions of
employment, including grievance administration, for employees of the executive branch
who are not otherwise provided for in this chapter or other law.
Minnesota Statutes 2024, section 43A.04, subdivision 1, is amended to read:
(a) The commissioner is the chief personnel and
labor relations manager of the civil service in the executive branch.
Whenever any power or responsibility is given to the commissioner by any provision
of this chapter, unless otherwise expressly provided, the power or authority applies to all
employees of agencies in the executive branch and to employees in classified positions in
the Office of the Legislative Auditor, the Minnesota State Retirement System, the Public
Employees Retirement Association, and the Teacher's Retirement Association. Unless
otherwise provided by law, the power or authority does not apply to unclassified employees
in the legislative and judicial branches.
(b) The commissioner shall operate an information system from which personnel data,
as defined in section 13.43, concerning employees and applicants for positions in the
classified service can be retrieved.
The commissioner has access to all public and private personnel data kept by appointing
authorities that will aid in the discharge of the commissioner's duties.
(c) The commissioner may consider and investigate any matters concerned with the
administration of provisions of this chapter, and may order any remedial actions consistent
with law. The commissioner, at the request of an agency, shall provide assistance in employee
misconduct investigations. new text begin Upon request of the appointing authority, the commissioner may
issue determinations on personnel matters regarding board-appointed executive directors
or leaders. new text end The commissioner shall have the right to assess from the requesting agency, any
costs incurred while assisting the agency in the employee misconduct investigation. Money
received by the commissioner under this paragraph is appropriated to the commissioner for
purposes of this paragraph.
(d) The commissioner may assess or establish and collect premiums from all state entities
to cover the costs of programs under deleted text begin sectionsdeleted text end new text begin sectionnew text end 15.46 deleted text begin and 176.603deleted text end .
Minnesota Statutes 2024, section 43A.04, subdivision 4, is amended to read:
The commissioner shall develop administrative
procedures, which are not subject to the rulemaking provisions of the Administrative
Procedure Act, to effect provisions of chapter 43A which do not directly affect the rights
of or processes available to the general public. The commissioner may also adopt
administrative procedures, not subject to the Administrative Procedure Act, which concern
topics affecting the general public if those procedures concern only the internal management
of the department or other agencies and if those elements of the topics which affect the
general public are the subject of department rules.
Administrative procedures shall be reproduced and made available for comment in
accessible digital formats under section 16E.03 to agencies, employees, and appropriate
exclusive representatives certified pursuant to sections 179A.01 to 179A.25, for at least 15
days prior to implementation and shall include but are not limited to:
(1) maintenance and administration of a plan of classification for all positions in the
classified service and for comparisons of unclassified positions with positions in the classified
service;
(2) procedures for administration of collective bargaining agreements and plans
established pursuant to section 43A.18 concerning total compensation and the terms and
conditions of employment for employees;
(3) procedures for effecting all personnel actions internal to the state service such as
processes and requirements for agencies to publicize job openings and consider applicants
who deleted text begin are referred or nominate themselvesdeleted text end new text begin applynew text end , conduct of selection procedures limited to
employees, noncompetitive and qualifying appointments of employees and leaves of absence;
(4) maintenance and administration of employee performance appraisal, training and
other programs; and
(5) procedures for pilots of the reengineered employee selection process. Employment
provisions of this chapter, associated personnel rules adopted under subdivision 3, and
administrative procedures established under clauses (1) and (3) may be waived for the
purposes of these pilots. The pilots may affect the rights of and processes available to
members of the general public seeking employment in the classified service. The
commissioner will provide public notice of any pilot directly affecting the rights of and
processes available to the general public and make the administrative procedures available
for comment to the general public, agencies, employees, and appropriate exclusive
representatives certified pursuant to sections 179A.01 to 179A.25 for at least 30 days prior
to implementation. The commissioner must publish the public notice in an accessible digital
format under section 16E.03. The commissioner must provide a comment process that allows
the public to submit comments through multiple formats to ensure accessibility. These
formats must include telephone, digital content, and email.
Minnesota Statutes 2024, section 43A.04, subdivision 8, is amended to read:
Notwithstanding any law to the contrary, the commissioner
shall authorize the appointing authority to permit the donation of up to eight hours of
accumulated vacation time in each year by each employee who is a member of law
enforcement unit number 1new text begin , 18, or 19new text end to their union representative for the purpose of carrying
out the duties of office.
Minnesota Statutes 2024, section 43A.05, subdivision 3, is amended to read:
The
commissioner shall periodically develop and establish pursuant to this chapter a
deleted text begin commissioner'sdeleted text end new text begin nonrepresented employees compensationnew text end plan. The commissioner shall
submit the plan to the Legislative Coordinating Commission.
Minnesota Statutes 2024, section 43A.08, subdivision 1a, is amended to read:
Appointing authorities for deleted text begin the following
agencies may designate additional unclassified positions according to this subdivision: the
Departments of Administration; Agriculture; Children, Youth, and Families; Commerce;
Corrections; Education; Employment and Economic Development; Explore Minnesota
Tourism; Management and Budget; Health; Human Rights; Human Services; Labor and
Industry; Natural Resources; Public Safety; Revenue; Transportation; and Veterans Affairs;
the Housing Finance and Pollution Control Agencies; the State Lottery; the State Board of
Investment; the Office of Administrative Hearings; the Department of Information
Technology Services;deleted text end new text begin an agency, includingnew text end the Offices of the Attorney General, Secretary
of State, and State Auditordeleted text begin ; the Minnesota State Colleges and Universities; the Minnesota
Office of Higher Education; the Perpich Center for Arts Education; Direct Care and
Treatment; the Minnesota Zoological Board; and the Office of Emergency Medical Servicesdeleted text end new text begin ,
may designate additional unclassified positionsnew text end .
A position designated deleted text begin by an appointing authoritydeleted text end according to this subdivision must
meet the following standards and criteria:
(1) the designation of the position would not be contrary to other law relating specifically
to that agency;
(2) the person occupying the position would report directly to the agency head or deputy
agency head and would be designated as part of the agency head's management team;
(3) the duties of the position would involve significant discretion and substantial
involvement in the development, interpretation, and implementation of agency policy;
(4) the duties of the position would not require primarily personnel, accounting, or other
technical expertise where continuity in the position would be important;
(5) there would be a need for the person occupying the position to be accountable to,
loyal to, and compatible with, the governor and the agency head, the employing statutory
board or commission, or the employing constitutional officer;
(6) the position would be at the level of division or bureau director or assistant to the
agency head; and
(7) the commissioner has approved the designation as being consistent with the standards
and criteria in this subdivision.
Minnesota Statutes 2024, section 43A.08, subdivision 4, is amended to read:
A person may deleted text begin notdeleted text end new text begin only new text end be employed
as a student worker in the unclassified service under subdivision 1 deleted text begin for more than 36 months.
Employment at a school that a student attends is not counted for purposes of this 36-month
limit. Student workers in the Minnesota Department of Transportation SEEDS program
who are actively involved in a four-year degree program preparing for a professional career
job in the Minnesota Department of Transportation may be employed as a student worker
for up to 48 monthsdeleted text end new text begin if they are enrolled in secondary, postsecondary, or graduate studynew text end .
Minnesota Statutes 2024, section 43A.11, subdivision 9, is amended to read:
If the appointing authority deleted text begin rejectsdeleted text end new text begin does
not select new text end a member of the finalist pool who has claimed veteran's preference, the appointing
authority shall notify the finalist in writing of the reasons for the rejection.
Minnesota Statutes 2024, section 43A.121, is amended to read:
Applicants referred from a layoff list shall be ranked as provided in the collective
bargaining agreement or plan established under section 43A.18, under which the layoff list
was established. All other names in an applicant pool shall be ranked according to the
veteran's preference provisions of section 43A.11, subdivision 7deleted text begin , and then in descending
order of the number of skill matches for the vacant positiondeleted text end . If any ties in rank remain, those
names shall appear in alphabetical order.
Minnesota Statutes 2024, section 43A.15, subdivision 4, is amended to read:
The commissioner may authorize an appointing
authority to make a provisional appointment if no applicant is suitable or available for
appointment and the person to be provisionally appointed is qualified in all respects except
for completion of a licensure or certification requirement.
No person shall be employed on a provisional basis for more than six months unless the
commissioner grants an extension to a maximum of 12 months in the best interest of the
state. No extension may be granted beyond 12 months except where there is a lack of
applicants and the provisional appointee is continuing to work to complete the licensure or
certification requirement.
At the request of an appointing authority, the commissioner may authorize the
probationary appointment of a provisional appointee who has performed satisfactorily deleted text begin for
at least 60 daysdeleted text end and has completed the licensure or certification requirement.
Minnesota Statutes 2024, section 43A.15, subdivision 7, is amended to read:
The
commissioner may authorize the probationary appointment of an incumbent who has passed
a qualifying selection process and who has served at least one year in an unclassified position
deleted text begin which has been placed in the classified service by proper authoritydeleted text end .
Minnesota Statutes 2024, section 43A.15, subdivision 12, is amended to read:
The commissioner may authorize
the probationary appointment of persons who successfully complete on-the-job state training
programs deleted text begin whichdeleted text end new text begin thatnew text end have been approved by the commissioner.
Minnesota Statutes 2024, section 43A.15, subdivision 14, is amended to read:
(a) The commissioner shall
consult with the Department of Employment and Economic Development's Vocational
Rehabilitation Services and State Services for the Blind and other disability experts in
establishing, reviewing, and modifying the qualifying procedures for applicants whose
disabilities are of such a significant nature that the applicants are unable to demonstrate
their abilities in the selection process. The qualifying procedures must consist of up to 700
hours of on-the-job demonstration experience. The 700-hour on-the-job demonstration
experience is an alternative, noncompetitive hiring process for qualified applicants with
disabilities. All permanent executive branch classified positions are eligible for a 700-hour
on-the-job demonstration experience, and all permanent classified job postings must provide
information regarding the on-the-job demonstration overview and certification process.
(b) The commissioner deleted text begin maydeleted text end new text begin shallnew text end authorize the probationary appointment of an applicant
based on the request of the appointing authority that documents that the applicant has
successfully demonstrated qualifications for the position through completion of an on-the-job
demonstration experience. A qualified applicant deleted text begin shoulddeleted text end new text begin shallnew text end be converted to deleted text begin permanent,deleted text end
probationary appointments at the point in the 700-hour on-the-job experience when the
applicant has demonstrated the ability to perform the essential functions of the job with or
without reasonable accommodation. The implementation of this subdivision may not be
deemed a violation of chapter 43A or 363A.
(c) The commissioner and the ADA and disability employment director, described in
section 43A.19, subdivision 1, paragraph (e), are responsible for the administration and
oversight of the 700-hour on-the-job demonstration experience, including the establishment
of policies and procedures, data collection and reporting requirements, and compliance.
(d) The commissioner or the commissioner's designee shall design and implement a
training curriculum for the 700-hour on-the-job demonstration experience. All executive
leaders, managers, supervisors, human resources professionals, affirmative action officers,
and ADA coordinators must receive annual training on the program.
(e) The commissioner or the commissioner's designee shall develop, administer, and
make public a formal grievance process for individuals in the 700-hour on-the-job
demonstration experience under this subdivision and deleted text begin supported workdeleted text end new text begin customized employmentnew text end
program under section 43A.421, subdivision 2.
(f) An appointing authority must make reasonable accommodations in response to a
request from an applicant with a disability, including providing accommodations in a timely
manner during the application and hiring process and throughout the 700-hour on-the-job
demonstration experience. Requirements for accessibility for public records under section
363A.42, continuing education under section 363A.43, and technology under section 16E.03,
subdivision 2, clauses (3) and (9), apply to an agency filling an appointment during the
application and hiring process and through the on-the-job demonstration experience period.
Minnesota Statutes 2024, section 43A.17, subdivision 5, is amended to read:
The commissioner may, upon request of
an appointing authority, approve payment of an employee with permanent status at a salary
rate above the maximum of the class to which the employee is demoted. The commissioner
shall take such action as required by collective bargaining agreements or plans pursuant to
section 43A.18. If the action is justified by the employee's long or outstanding service,
exceptional or technical qualificationsdeleted text begin , age, health,deleted text end or substantial changes in work assignment
beyond the control of the employee, the commissioner may approve a rate up to and including
the employee's salary immediately prior to demotion. Thereafter, so long as the employee
remains in the same position, the employee shall not be eligible to receive any increase in
salary until the employee's salary is within the range of the class to which the employee's
position is allocated unless such increases are specifically provided in collective bargaining
agreements or plans pursuant to section 43A.18.
Minnesota Statutes 2024, section 43A.18, subdivision 2, is amended to read:
Except as
provided in section 43A.01, the compensation, terms and conditions of employment for all
classified and unclassified employees, except unclassified employees in the legislative and
judicial branches, who are not covered by a collective bargaining agreement and not otherwise
provided for in chapter 43A or other law are governed solely by a plan developed by the
commissioner. The Legislative Coordinating Commission shall review the plan under section
3.855, subdivision 2. The plan need not be adopted in accordance with the rulemaking
provisions of chapter 14.
Minnesota Statutes 2024, section 43A.181, subdivision 1, is amended to read:
A state employee may donate up to 12 hours
of accrued vacation time in any fiscal year to the account established by subdivision 2 for
the benefit of another state employee. deleted text begin The employee must notify the employee's agency
head of the amount of accrued vacation time the employee wishes to donate and the name
of the other state employee who is to benefit from the donation. The agency head shall
determine the monetary value of the donated time, using the gross salary of the employee
making the donation. The agency head shall transfer that amount, less deductions for
applicable taxes and retirement contributions, to the account established by subdivision 2.deleted text end
A donation of accrued vacation time is irrevocable once its monetary value has been
transferred to the account.
Minnesota Statutes 2024, section 43A.1815, is amended to read:
(a) In addition to donations under section 43A.181, a state employee may donate a total
of up to 40 hours of accrued vacation leave each fiscal year to the sick leave account of one
or more state employees. A state employee may not be paid for more than 80 hours in a
payroll period during which the employee uses sick leave credited to the employee's account
as a result of a transfer from another state employee's vacation account.
new text begin
(b) At retirement, eligible state employees may donate additional accumulated vacation
hours in excess of their vacation payout at time of retirement, into a general pool, even if
they already have donated 40 hours.
new text end
deleted text begin (b)deleted text end new text begin (c)new text end The recipient employee must receive donations, as available, for a life-threatening
condition of the employee or spouse or dependent child that prevents the employee from
working. A recipient may use program donations retroactively to when all forms of paid
leave are exhausted if the employee has sufficient donations to cover the period of
retroactivity. A recipient who receives program donations under this section may use up to
80 hours of program donations after the death of a spouse or dependent child.
deleted text begin (c)deleted text end new text begin (d)new text end An applicant for benefits under this section who receives an unfavorable
determination may select a designee to consult with the commissioner or commissioner's
designee on the reasons for the determination.
deleted text begin (d)deleted text end new text begin (e)new text end The commissioner shall establish procedures under section 43A.04, subdivision
4, for eligibility, duration of need based on individual cases, monitoring and evaluation of
individual eligibility status, and other topics related to administration of this program.
Minnesota Statutes 2024, section 43A.19, subdivision 1, is amended to read:
(a) To assure that positions in
the executive branch of the civil service are equally accessible to all qualified persons, and
to eliminate the effects of past and present discrimination, intended or unintended, on the
basis of protected group status, the commissioner shall adopt and periodically revise, if
necessary, a statewide affirmative action program. The statewide affirmative action program
must consist of at least the following:
(1) objectives, goals, and policies;
(2) procedures, standards, and assumptions to be used by agencies in the preparation of
agency affirmative action plans, including methods by which goals and timetables are
established;
(3) the analysis of separation patterns to determine the impact on protected group
members; and
(4) requirements for annual objectives and submission of affirmative action progress
reports from heads of agencies.
Agency heads must report the data in clause (3) to the state Director of deleted text begin Recruitment,
Retention anddeleted text end Affirmative Action and the state ADA coordinator, in addition to being
available to anyone upon request. The commissioner must annually post the aggregate and
agency-level reports under clause (4) on the agency's website.
(b) The commissioner shall establish statewide affirmative action goals for each of the
federal Equal Employment Opportunity (EEO) occupational categories applicable to state
employment, using at least the following factors:
(1) the percentage of members of each protected class in the recruiting area population
who have the necessary skills; and
(2) the availability for promotion or transfer of current employees who are members of
protected classes.
(c) The commissioner may use any of the following factors in addition to the factors
required under paragraph (b):
(1) the extent of unemployment of members of protected classes in the recruiting area
population;
(2) the existence of training programs in needed skill areas offered by employing agencies
and other institutions; and
(3) the expected number of available positions to be filled.
(d) The commissioner shall designate a state director of diversity and equal employment
opportunity who may be delegated the preparation, revision, implementation, and
administration of the program. The commissioner of management and budget may place
the director's position in the unclassified service if the position meets the criteria established
in section 43A.08, subdivision 1a.
(e) The commissioner shall designate a statewide ADA and disability employment
director. The commissioner may delegate the preparation, revision, implementation,
evaluation, and administration of the program to the director. The director must administer
the 700-hour on-the-job demonstration experience under the deleted text begin supported workdeleted text end new text begin customized
employmentnew text end program and disabled veteran's employment programs. The ADA and disability
employment director shall have education, knowledge, and skills in disability policy,
employment, and the ADA. The commissioner may place the director's position in the
unclassified service if the position meets the criteria established in section 43A.08,
subdivision 1a.
(f) Agency affirmative action plans, including reports and progress, must be posted on
the agency's public and internal websites within 30 days of being approved. The
commissioner of management and budget shall post a link to all executive branch
agency-approved affirmative action plans on its public website. Accessible copies of the
affirmative action plan must be available to all employees and members of the general public
upon request.
Minnesota Statutes 2024, section 43A.23, subdivision 1, is amended to read:
(a) The commissioner is authorized to request proposals or to
negotiate and to enter into contracts with parties which in the judgment of the commissioner
are best qualified to provide service to the benefit plans. Contracts entered into are not
subject to the requirements of sections 16C.16 to 16C.19. The commissioner may negotiate
premium rates and coverage. The commissioner shall consider the cost of the plans,
conversion options relating to the contracts, service capabilities, character, financial position,
and reputation of the carriers, and any other factors deleted text begin whichdeleted text end new text begin thatnew text end the commissioner deems
appropriate. Each benefit contract must be for a uniform term of at least one year, but may
be made automatically renewable from term to term in the absence of notice of termination
by either party. A carrier licensed under chapter 62A is exempt from the taxes imposed by
chapter 297I on premiums paid to it by the state.
(b) All self-insured hospital and medical service products must comply with coverage
mandates, data reporting, and consumer protection requirements applicable to the licensed
carrier administering the product, had the product been insured, including chapters 62J,
62M, and 62Q. Any self-insured products that limit coverage to a network of providers or
provide different levels of coverage between network and nonnetwork providers shall comply
with section 62D.123 and geographic access standards for health maintenance organizations
adopted by the commissioner of health in rule under chapter 62D.
(c) Notwithstanding paragraph (b), a self-insured hospital and medical product offered
under sections 43A.22 to 43A.30 is required to extend dependent coverage to an eligible
employee's child to the full extent required under chapters 62A and 62L. Dependent child
coverage must, at a minimum, extend to an eligible employee's dependent child to the
limiting age as defined in section 62Q.01, subdivision 2a, disabled children to the extent
required in sections 62A.14 and 62A.141, and dependent grandchildren to the extent required
in sections 62A.042 and 62A.302.
(d) Beginning January 1, 2010, the health insurance benefit plans offered in the
deleted text begin commissioner'sdeleted text end new text begin nonrepresented employees compensationnew text end plan under section 43A.18,
subdivision 2, and the managerial plan under section 43A.18, subdivision 3, must include
an option for a health plan that is compatible with the definition of a high-deductible health
plan in section 223 of the United States Internal Revenue Code.
Minnesota Statutes 2024, section 43A.23, subdivision 2, is amended to read:
(a) Each contract under sections
43A.22 to 43A.30 shall contain a detailed statement of benefits offered and shall include
any maximums, limitations, exclusions, and other definitions of benefits the commissioner
deems necessary or desirable. Each hospital and medical benefits contract shall provide
benefits at least equal to those required by section 62E.06, subdivision 2.
(b) All summaries of benefits describing the hospital and medical service benefits offered
to state employees must comply with laws and rules for content and clarity applicable to
the licensed carrier administering the product. Referral procedures must be clearly described.
The commissioners of commerce and healthdeleted text begin , as appropriate, shalldeleted text end new text begin maynew text end review the summaries
of benefitsdeleted text begin , whether written or electronic,deleted text end and advise the commissioner on any changes
needed to ensure compliance.
Minnesota Statutes 2024, section 43A.24, subdivision 1a, is amended to read:
(a) An individual eligible for state-paid hospital, medical, and dental
benefits under this section has the right to decline those benefits, provided the individual
declining the benefits can prove health insurance coverage from another source. Any
individual declining benefits must do so in writing, signed and dated, on a form provided
by the commissioner.
(b) The commissioner must create, and make available in hard copy and online a form
for individuals to use in declining state-paid hospital, medical, and dental benefits. The form
must, at a minimum, include notice to the declining individual of the next available
opportunity and procedure to re-enroll in the benefits.
deleted text begin
(c) No later than January 15 of each year, the commissioner of management and budget
must provide a report to the chairs and ranking minority members of the legislative
committees with jurisdiction over state government finance on the number of employees
choosing to opt-out of state employee group insurance coverage under this section. The
report must provide itemized statistics, by agency, and include the total amount of savings
accrued to each agency resulting from the opt-outs.
deleted text end
Minnesota Statutes 2024, section 43A.24, subdivision 2, is amended to read:
The following persons are eligible for state paid life
insurance and hospital, medical, and dental benefits as determined in applicable collective
bargaining agreements or by the commissioner or by plans pursuant to section 43A.18,
subdivision 6deleted text begin , or by the Board of Regents for employees of the University of Minnesota
not covered by collective bargaining agreementsdeleted text end . Coverages made available, including
optional coverages, are as contained in the plan established pursuant to section 43A.18,
subdivision 2:
(1) a member of the state legislature, provided that changes in benefits resulting in
increased costs to the state shall not be effective until expiration of the term of the members
of the existing house of representatives. An eligible member of the state legislature may
decline to be enrolled for state paid coverages by filing a written waiver with the
commissioner. The waiver shall not prohibit the member from enrolling the member or
dependents for optional coverages, without cost to the state, as provided for in section
43A.26. A member of the state legislature who returns from a leave of absence to a position
previously occupied in the civil service shall be eligible to receive the life insurance and
hospital, medical, and dental benefits to which the position is entitled;
(2) an employee of the legislature or an employee of a permanent study or interim
committee or commission or a state employee on leave of absence to work for the legislature,
during a regular or special legislative session, as determined by the Legislative Coordinating
Commission;
(3) a judge of the appellate courts or an officer or employee of these courts; a judge of
the district court, a judge of county court, or a judge of county municipal court; a district
court referee, judicial officer, court reporter, or law clerk; a district administrator; an
employee of the Office of the District Administrator that is not in the Second or Fourth
Judicial District; a court administrator or employee of the court administrator in a judicial
district under section 480.181, subdivision 1, paragraph (b), and a guardian ad litem program
employee;
(4) a salaried employee of the Public Employees Retirement Association;
(5) a full-time military or civilian officer or employee in the unclassified service of the
Department of Military Affairs whose salary is paid from state funds;
(6) an employee of the Minnesota Historical Society, whether paid from state funds or
otherwise, who is not a member of the governing board;
deleted text begin
(7) an employee of the regents of the University of Minnesota;
deleted text end
deleted text begin (8)deleted text end new text begin (7)new text end notwithstanding section 43A.27, subdivision 3, an employee of the state of
Minnesota or the regents of the University of Minnesota who is at least 60 and not yet 65
years of age on July 1, 1982, who is otherwise eligible for employee and dependent insurance
and benefits pursuant to section 43A.18 or other law, who has at least 20 years of service
and retires, earlier than required, within 60 days of March 23, 1982; or an employee who
is at least 60 and not yet 65 years of age on July 1, 1982, who has at least 20 years of state
service and retires, earlier than required, from employment at Rochester state hospital after
July 1, 1981; or an employee who is at least 55 and not yet 65 years of age on July 1, 1982,
and is covered by the Minnesota State Retirement System correctional employee retirement
plan or the State Patrol retirement fund, who has at least 20 years of state service and retires,
earlier than required, within 60 days of March 23, 1982. For purposes of this clause, a person
retires when the person terminates active employment in state or University of Minnesota
service and applies for a retirement annuity. Eligibility shall cease when the retired employee
attains the age of 65, or when the employee chooses not to receive the annuity that the
employee has applied for. The retired employee shall be eligible for coverages to which the
employee was entitled at the time of retirement, subject to any changes in coverage through
collective bargaining or plans established pursuant to section 43A.18, for employees in
positions equivalent to that from which retired, provided that the retired employee shall not
be eligible for state-paid life insurance. Coverages shall be coordinated with relevant health
insurance benefits provided through the federally sponsored Medicare program;
deleted text begin (9)deleted text end new text begin (8)new text end an employee of an agency of the state of Minnesota identified through the process
provided in this paragraph who is eligible to retire prior to age 65. The commissioner and
the exclusive representative of state employees shall enter into agreements under section
179A.22 to identify employees whose positions are in programs that are being permanently
eliminated or reduced due to federal or state policies or practices. Failure to reach agreement
identifying these employees is not subject to impasse procedures provided in chapter 179A.
The commissioner must prepare a plan identifying eligible employees not covered by a
collective bargaining agreement in accordance with the process outlined in section 43A.18,
subdivisions 2 and 3. For purposes of this paragraph, a person retires when the person
terminates active employment in state service and applies for a retirement annuity. Eligibility
ends as provided in the agreement or plan, but must cease at the end of the month in which
the retired employee chooses not to receive an annuity, or the employee is eligible for
employer-paid health insurance from a new employer. The retired employees shall be eligible
for coverages to which they were entitled at the time of retirement, subject to any changes
in coverage through collective bargaining or plans established under section 43A.18 for
employees in positions equivalent to that from which they retired, provided that the retired
employees shall not be eligible for state-paid life insurance;
deleted text begin (10)deleted text end new text begin (9)new text end employees of the state Board of Public Defense, with eligibility determined by
the state Board of Public Defense in consultation with the commissioner of management
and budget; and
deleted text begin (11)deleted text end new text begin (10)new text end employees of supporting organizations of Enterprise Minnesota, Inc., established
after July 1, 2003, under section 116O.05, subdivision 4, as paid for by the supporting
organization.
Minnesota Statutes 2024, section 43A.27, subdivision 2, is amended to read:
The following persons, if not otherwise covered by section
43A.24, may elect coverage for themselves or their dependents at their own expense:
(1) a state employee, including persons on layoff from a civil service position as provided
in collective bargaining agreements or a plan established pursuant to section 43A.18;
deleted text begin
(2) an employee of the Board of Regents of the University of Minnesota, including
persons on layoff, as provided in collective bargaining agreements or by the Board of
Regents;
deleted text end
deleted text begin (3)deleted text end new text begin (2)new text end an officer or employee of the State Agricultural Society,new text begin Center for Rural Policy
and Development, Agricultural Utilization Research Institute,new text end State Horticultural Society,
Sibley House Association, Minnesota Humanities Center, Minnesota Area Industry Labor
Management Councils, Minnesota International Center, Minnesota Academy of Science,
Science Museum of Minnesota, Minnesota Safety Council, state Office of Disabled American
Veterans, state Office of the American Legion and its auxiliary, state Office of Veterans of
Foreign Wars and its auxiliary, or state Office of the Military Order of the Purple Heart;
deleted text begin (4)deleted text end new text begin (3)new text end a civilian employee of the adjutant general who is paid from federal funds and
who is not eligible for benefits from any federal civilian employee group life insurance or
health benefits program;
deleted text begin (5)deleted text end new text begin (4)new text end an officer or employee of the deleted text begin State Capitoldeleted text end new text begin Affinity Plus Federalnew text end Credit Union
deleted text begin or the Highway Credit Uniondeleted text end ; and
deleted text begin (6)deleted text end new text begin (5)new text end an employee of the joint underwriting association pursuant to section 62I.121 or
Minnesota FAIR plan pursuant to section 65A.35, subdivision 5, unless the commissioner
determines that making these employees eligible to purchase this coverage would cause the
state employee group insurance program to lose its status as a governmental plan or would
cause the program to be treated as a multiemployer welfare arrangement.
Minnesota Statutes 2024, section 43A.33, subdivision 3, is amended to read:
(a) Procedures for discipline and discharge of employees covered
by collective bargaining agreements shall be governed by the agreements. Procedures for
employees not covered by a collective bargaining agreement shall be governed by this
subdivision and by the commissioner's and managerial plans.
(b) For discharge, suspension without pay or demotion, no later than the effective date
of such action, a permanent classified employee not covered by a collective bargaining
agreement shall be given written notice by the appointing authority. The content of that
notice as well as the employee's right to reply to the appointing authority shall be as
prescribed in the grievance procedure contained in the applicable plan established pursuant
to section 43A.18. The notice shall also include a statement that the employee may elect to
appeal the action to the Bureau of Mediation Services within 30 calendar days following
the effective date of the disciplinary action. A copy of the notice and the employee's reply,
if any, shall be filed by the appointing authority with the commissioner no later than ten
calendar days following the effective date of the disciplinary action. The commissioner
shall have final authority to decide whether the appointing authority shall settle the dispute
prior to the hearing provided under new text begin this new text end subdivision deleted text begin 4deleted text end .
(c) For discharge, suspension, or demotion of an employee serving an initial probationary
period, and for noncertification in any subsequent probationary period, grievance procedures
shall be as provided in the plan established pursuant to section 43A.18.
(d) Within ten days of receipt of the employee's written notice of appeal, the commissioner
of the Bureau of Mediation Services shall provide both parties with a list of potential
arbitrators according to the rules of the Bureau of Mediation Services to hear the appeal.
The process of selecting the arbitrator from the list shall be determined by the plan.new text begin new text end The
hearing shall be conducted pursuant to the rules of the Bureau of Mediation Services. If the
arbitrator finds, based on the hearing record, that the action appealed was not taken by the
appointing authority for just cause, the employee shall be reinstated to the position, or an
equal position in another division within the same agency, without loss of pay. If the arbitrator
finds that there exists sufficient grounds for institution of the appointing authority's action
but the hearing record establishes extenuating circumstances, the arbitrator may reinstate
the employee, with full, partial, or no pay, or may modify the appointing authority's action.
The appointing authority shall bear the costs of the arbitrator for hearings provided for in
this section.
Minnesota Statutes 2024, section 43A.346, subdivision 2, is amended to read:
(a) This section applies to a terminated state employee who:
(1) for at least the five years immediately preceding separation under deleted text begin clausedeleted text end new text begin clausesnew text end (2)new text begin
and (3)new text end , was regularly scheduled to work 1,044 or more hours per year in a position covered
by a pension plan administered by the Minnesota State Retirement System or the Public
Employees Retirement Association;
(2) terminated state or Metropolitan Council employment;
(3) at the time of termination under clause (2), met the age and service requirements
necessary to receive an unreduced retirement annuity from the plan and satisfied requirements
for the commencement of the retirement annuity or, for a terminated employee under the
unclassified employees retirement plan, met the age and service requirements necessary to
receive an unreduced retirement annuity from the plan and satisfied requirements for the
commencement of the retirement annuity or elected a lump-sum payment; and
(4) agrees to accept a postretirement option position with the same or a different
appointing authority, working a reduced schedule that is both (i) a reduction of at least 25
percent from the employee's number of previously regularly scheduled work hours; and (ii)
1,044 hours or less in state or Metropolitan Council service.
(b) For purposes of this section, an unreduced retirement annuity includes a retirement
annuity computed under a provision of law which permits retirement, without application
of an earlier retirement reduction factor, whenever age plus years of allowable service total
at least 90.
(c) For purposes of this section, as it applies to state employees who are members of the
Public Employees Retirement Association who are at least age 62, the length of separation
requirement and termination of service requirement prohibiting return to work agreements
under section 353.01, subdivisions 11a and 28, are not applicable.
Minnesota Statutes 2024, section 43A.346, subdivision 6, is amended to read:
Postretirement option employment is for an initial period not to
exceed one year. During that period, the appointing authority may not modify the conditions
new text begin of employment new text end specified in the written offer without the person's consent, except as required
by law or by the collective bargaining agreement or compensation plan applicable to the
person. At the end of the initial period, the appointing authority has sole discretion to
determine if the offer of a postretirement option position will be renewed, renewed with
modifications, or terminated. Postretirement option employment may be renewed for periods
of up to one year, not to exceed a total duration of five years. No person may be employed
in one or a combination of postretirement option positions under this section for a total of
more than five years.
Minnesota Statutes 2024, section 43A.36, subdivision 1, is amended to read:
(a) The commissioner may delegate
administrative functions associated with the duties of the commissioner to appointing
authorities who have the capability to perform such functions when the commissioner
determines that it is in the best interests of the state civil service. The commissioner shall
consult with agencies and agencies shall cooperate as appropriate in implementation of this
chapter.
(b) The commissioner, in conjunction with appointing authorities, shall analyze and
assess current and future human resource requirements of the civil service and coordinate
personnel actions throughout the civil service to meet the requirements. The commissioner
shall provide recruiting assistance and make the applicant database available to appointing
authorities to use in making appointments to positions in the unclassified service.
(c) The head of each agency in the executive branch shall designate an agency personnel
officer. The agency personnel officer shall be accountable to the agency head for all personnel
functions prescribed by laws, rules, collective bargaining agreements, the commissioner
and the agency head. Except when otherwise prescribed by the agency head in a specific
instance, the personnel officer shall be assumed to be the authority accountable to the agency
head over any other officer or employee in the agency for personnel functions.
(d) The head of each agency in the executive branch shall designate an affirmative action
officer who shall have primary responsibility for the administration of the agency's
affirmative action plan. The officer shall report directly to the head of the agency on
affirmative action matters.
(e) Pursuant to section 43A.431, the head of each agency in the executive branch shall
designate an ADA coordinator who shall have primary responsibility for the administration
of ADA policies, procedures, trainings, requests, and arbitration. The coordinator shall
report directly to the deleted text begin commissionerdeleted text end new text begin agency headnew text end .
Minnesota Statutes 2024, section 43A.421, is amended to read:
deleted text begin
Active positions within agencies of state
government may be selected for inclusion for a supported work program for persons with
significant disabilities. A full-time position may be shared by up to three persons with
significant disabilities and their job coach. The job coach is not a state employee within the
scope of section 43A.02, subdivision 21, or 179A.03, subdivision 14, unless the job coach
holds another position within the scope of section 43A.02, subdivision 21, or 179A.03,
subdivision 14. All classified supported work job postings need to link to the overview and
application process for the supported work program.
deleted text end
new text begin
The commissioner is responsible for
the establishment, administration, and oversight of a program providing customized
employment opportunities for individuals with significant disabilities as defined in United
States Code, title 29, section 705(21). Employees in the customized employment program
are appointed to a customized employment position by matching the skills offered by eligible
individuals to specific tasks and projects within agencies, rather than to an existing job
classification. When job coach services are necessary for the individuals employed through
this program, the job coach is not a state employee within the scope of section 43A.02,
subdivision 21, or 179A.03, subdivision 14, unless the job coach holds another position
within the scope of section 43A.02, subdivision 21, or 179A.03, subdivision 14.
new text end
(a) The commissioner is responsible
for the administration and oversight of the deleted text begin supported workdeleted text end new text begin customized employmentnew text end program,
including the establishment of policies and procedures, new text begin eligibility, new text end data collection and
reporting requirements, and compliance.
(b) The commissioner or the commissioner's designee shall design and implement a
training curriculum for the deleted text begin supported workdeleted text end new text begin customized employmentnew text end program. All executive
leaders, managers, supervisors, human resources professionals, affirmative action officers,
and Americans with Disabilities Act coordinators must receive deleted text begin annualdeleted text end training regarding
the program.
(c) The commissioner or the commissioner's designee shall develop, administer, and
make public a formal grievance process for individuals in the program.
new text begin
Minnesota Statutes 2024, sections 43A.315; 43A.317, subdivisions 1, 2, 3, 5, 6, 7, 8, 9,
10, and 12; and 43A.318, subdivisions 1, 2, 4, and 5,
new text end
new text begin
are repealed.
new text end
Repealed Minnesota Statutes: H1837-1
The Legislative Commission on Minnesota Sports Facilities is established by and under the authority of the Legislative Coordinating Commission to oversee the Minnesota Sports Facilities Authority's operating and capital budgets. The legislature finds that continuous legislative review of the financial management of the authority is necessary to promote fiscal responsibility and good management, and strengthen the accountability of the authority. The commission is charged with:
(1) providing financial oversight of the authority as described in subdivision 8;
(2) adoption of a statewide authority structure for the operation and management of sports facilities and entertainment venues under the jurisdiction of the authority. The authority membership shall represent the interests of both the metropolitan area and greater Minnesota; and
(3) creating a comprehensive management plan that alleviates booking and scheduling concerns regarding the sports facilities and entertainment venues under the jurisdiction of the authority.
The commission consists of three senators appointed by the senate majority leader, three senators appointed by the senate minority leader, three state representatives appointed by the speaker of the house, and three state representatives appointed by the house minority leader. The appointing authorities must ensure balanced geographic representation. Each appointing authority must make appointments as soon as possible after the opening of the next regular session of the legislature in each odd-numbered year.
Members of the commission serve for a two-year term beginning upon appointment and expiring upon appointment of a successor after the opening of the next regular session of the legislature in the odd-numbered year. A vacancy in the membership of the commission must be filled for the unexpired term in a manner that will preserve the representation established by this section.
The commission must meet as soon as practicable after members are appointed in each odd-numbered year to elect its chair and other officers as it may determine necessary. A chair serves a two-year term, expiring in the odd-numbered year after a successor is elected. The chair must alternate biennially between the senate and the house of representatives.
Members serve without compensation but may be reimbursed for their reasonable expenses as members of the legislature.
Legislative staff must provide administrative and research assistance to the commission.
The commission meets at least semiannually. If there is a quorum, the commission may take action by a simple majority vote of commission members present.
The commission must monitor, review, and make recommendations to the authority and to the legislature for the following calendar year on:
(1) any proposed increases in the rate or dollar amount of tax;
(2) any proposed increases in the debt of the authority;
(3) the overall work and role of the authority;
(4) the authority's proposed operating and capital budgets;
(5) the authority's implementation of the operating and capital budgets; and
(6) any other topics as deemed necessary by the commission to fulfill the purpose described in subdivision 1.
The commission shall report on January 15 of the even-numbered year on the effectiveness and future prospects of the commission.
(a) The Legislative Commission on Housing Affordability consists of:
(1) two senators appointed by the senate majority leader;
(2) two senators appointed by the senate minority leader;
(3) two representatives appointed by the speaker of the house; and
(4) two representatives appointed by the minority leader of the house of representatives.
(b) Each appointing authority must make appointments by January 31 of the regular legislative session in the odd-numbered year.
The ranking senator from the majority party appointed to the commission must convene the first meeting of a biennium by February 15 in the odd-numbered year.
Members of the commission serve for terms beginning upon appointment and ending at the beginning of the regular legislative session in the next odd-numbered year. The appropriate appointing authority must fill a vacancy for a seat of a current legislator for the remainder of the unexpired term.
The commission must elect a chair and may elect other officers as it determines are necessary at the first meeting of the commission in an odd-numbered year. The chair alternates between a member of the senate and a member of the house of representatives at the start of the regular legislative session in each odd-numbered year.
The Legislative Coordinating Commission must provide administrative and research assistance to the commission.
The commission shall:
(1) define housing affordability and study issues relating to housing affordability and the construction, preservation, and rehabilitation of owner-occupied and rental housing, including subsidized housing, existing and future government regulations impacting housing affordability, market forces impacting housing affordability, and access to homeownership;
(2) review and provide the legislature with research and analysis of emerging issues affecting housing affordability and homeownership access, including but not limited to construction work force, innovation, building practices, and building material costs;
(3) review and provide the legislature with research and analysis of policies to reduce the homeownership equity gap; and
(4) review and make recommendations on legislative and rulemaking proposals positively impacting personal housing affordability, access to homeownership, and other related barriers to homeownership, especially with regard to first-time home buyers and economically disadvantaged buyers and renters.
This section expires June 30, 2023.
The commissioner of administration, in consultation with the commissioner of commerce, associations for local governments, and any other interested person, shall develop a model ordinance that can be adapted for use by cities, counties, and towns, governing outdoor lighting to reduce light pollution. The model ordinance must address:
(1) standards for lighting on private property; outdoor advertising; lighting on commercial, industrial, or institutional property; canopies covering fueling stations; and public streets, sidewalks, and alleys;
(2) how illumination levels should be measured;
(3) possible exemptions, such as for temporary emergency or hazard lighting;
(4) recommended elements for an exterior lighting plan for a development;
(5) treatment of nonconforming lighting;
(6) lighting standards that might apply in special subdistricts;
(7) light pole maximum heights; and
(8) light trespass.
The legislative auditor may conduct performance evaluations of all systems analysis, information services, and computerization efforts of agencies, the University of Minnesota, and metropolitan boards, agencies, and commissions. Upon request of the governing body or the state Information Systems Advisory Council, the legislative auditor shall conduct the same services for political subdivisions of the state and report the findings to the governor and the legislature. The cost of these evaluations must be paid by the agencies being evaluated.
The commissioner of administration must make available under a master contract program a list of eligible contractors who can assist state agencies in using data analytics to:
(1) accomplish agency reorganization along service rather than functional lines in order to provide more efficient and effective service; and
(2) bring about internal reorganization of management functions in order to flatten the organizational structure by requiring that decisions are made closer to the service needed, eliminating redundancies, and optimizing the span of control ratios to public and private sector industry benchmarks.
The commissioner of management and budget may develop and implement a program that creates an incentive for efficient use by state employees of State Employee Group Insurance Program (SEGIP). The program may reward employees covered by SEGIP as a group if per capita employee health care costs paid by SEGIP for a calendar year prove to be less than estimated by the commissioner prior to the beginning of the calendar year. The reward may consist of payments of one-half of the cost-savings into the employees' health reimbursement accounts, to be made no later than June 30 of the following calendar year.
The legislature finds that the creation of a statewide program to provide employers with the advantages of a large pool for insurance purchasing would advance the welfare of the citizens of the state.
(a) Scope. For the purposes of this section, the terms defined have the meaning given them.
(b) Commissioner. "Commissioner" means the commissioner of management and budget.
(c) Eligible employee. "Eligible employee" means an employee eligible to participate in the program under the terms described in subdivision 6.
(d) Eligible employer. "Eligible employer" means an employer eligible to participate in the program under the terms described in subdivision 5.
(e) Eligible individual. "Eligible individual" means a person eligible to participate in the program under the terms described in subdivision 6.
(f) Employee. "Employee" means an employee of an eligible employer. "Employee" includes a sole proprietor, partner of a partnership, member of a limited liability company, or independent contractor.
(g) Employer. "Employer" means a private person, firm, corporation, partnership, limited liability company, association, or other entity actively engaged in business or public services. "Employer" includes both for-profit and nonprofit entities.
(h) Program. "Program" means the Minnesota employees insurance program created by this section.
After consulting with the chairs of the senate Governmental Operations and Veterans Committee and the house of representatives Governmental Operations and Veterans Affairs Policy Committee, the commissioner may determine when the program provided under this section is available. When the commissioner makes the program available, the commissioner shall, consistent with the provisions of this section, administer the program and determine its coverage options, funding and premium arrangements, contractual arrangements, and all other matters necessary to administer the program. The commissioner's contracting authority for the program, including authority for competitive bidding and negotiations, is governed by section 43A.23.
(a) Procedures. All employers are eligible for coverage through the program subject to the terms of this subdivision. The commissioner shall establish procedures for an employer to apply for coverage through the program.
(b) Term. The initial term of an employer's coverage may be for up to two years from the effective date of the employer's application. After that, coverage will be automatically renewed for an additional term unless the employer gives notice of withdrawal from the program according to procedures established by the commissioner or the commissioner gives notice to the employer of the discontinuance of the program. The commissioner may establish conditions under which an employer may withdraw from the program prior to the expiration of a term, including by reason of an increase in health coverage premiums of 50 percent or more from one insurance year to the next. An employer that withdraws from the program may not reapply for coverage for a period of time equal to its initial term of coverage.
(c) Minnesota work force. An employer is not eligible for coverage through the program if five percent or more of its eligible employees work primarily outside Minnesota, except that an employer may apply to the program on behalf of only those employees who work primarily in Minnesota.
(d) Employee participation; aggregation of groups. An employer is not eligible for coverage through the program unless its application includes all eligible employees who work primarily in Minnesota, except employees who waive coverage as permitted by subdivision 6. Private entities that are eligible to file a combined tax return for purposes of state tax laws are considered a single employer, except as otherwise approved by the commissioner.
(e) Private employer. A private employer is not eligible for coverage unless it has two or more eligible employees in the state of Minnesota. If an employer has only two eligible employees and one is the spouse, child, sibling, parent, or grandparent of the other, the employer must be a Minnesota-domiciled employer and have paid Social Security or self-employment tax on behalf of both eligible employees.
(f) Minimum participation. The commissioner must require as a condition of employer eligibility that at least 75 percent of its eligible employees who have not waived coverage participate in the program. The participation level of eligible employees must be determined at the initial offering of coverage and at the renewal date of coverage. For purposes of this section, waiver of coverage includes only waivers due to coverage under another group health benefit plan.
(g) Employer contribution. The commissioner must require as a condition of employer eligibility that the employer contribute at least 50 percent toward the cost of the premium of the employee and may require that the contribution toward the cost of coverage is structured in a way that promotes price competition among the coverage options available through the program.
(h) Enrollment cap. The commissioner may limit employer enrollment in the program if necessary to avoid exceeding the program's reserve capacity.
(a) Procedures. The commissioner shall establish procedures for eligible employees and other eligible individuals to apply for coverage through the program.
(b) Employees. An employer shall determine when it applies to the program the criteria its employees must meet to be eligible for coverage under its plan. An employer may subsequently change the criteria annually or at other times with approval of the commissioner. The criteria must provide that new employees become eligible for coverage after a probationary period of at least 30 days, but no more than 90 days.
(c) Other individuals. An employer may elect to cover under its plan:
(1) the spouse, dependent children to the limiting age as defined in section 62Q.01, subdivision 2a, disabled children to the extent required in sections 62A.14 and 62A.141, and dependent grandchildren to the extent required in sections 62A.042 and 62A.302;
(2) a retiree who is eligible to receive a pension or annuity from the employer and a covered retiree's spouse, dependent children to the limiting age as defined in section 62Q.01, subdivision 2a, disabled children to the extent required in sections 62A.14 and 62A.141, and dependent grandchildren to the extent required in sections 62A.042 and 62A.302;
(3) the surviving spouse, dependent children to the limiting age as defined in section 62Q.01, subdivision 2a, disabled children, and dependent grandchildren of a deceased employee or retiree, if the spouse, children, or grandchildren were covered at the time of the death;
(4) a covered employee who becomes disabled, as provided in sections 62A.147 and 62A.148; or
(5) any other categories of individuals for whom group coverage is required by state or federal law.
An employer shall determine when it applies to the program the criteria individuals in these categories must meet to be eligible for coverage. An employer may subsequently change the criteria annually, or at other times with approval of the commissioner. The criteria for dependent children to the limiting age as defined in section 62Q.01, subdivision 2a, disabled children, and dependent grandchildren may be no more inclusive than the criteria under section 43A.18, subdivision 2. This paragraph shall not be interpreted as relieving the program from compliance with any federal and state continuation of coverage requirements.
(d) Waiver and late entrance. An eligible individual may waive coverage at the time the employer joins the program or when coverage first becomes available. The commissioner may establish a preexisting condition exclusion of not more than 18 months for late entrants as defined in section 62L.02, subdivision 19.
(e) Continuation coverage. The program shall provide all continuation coverage required by state and federal law.
Coverage is available through the program beginning on July 1, 1993. Until an arrangement is in place to provide coverage through a transfer of risk to one or more carriers regulated under chapter 62A, 62C, or 62D, the commissioner shall solicit bids under section 43A.23, from carriers regulated under chapters 62A, 62C, and 62D, to provide coverage of eligible individuals. The commissioner shall provide coverage through contracts with carriers, unless the commissioner receives no reasonable bids from carriers.
(a) Health coverage. Health coverage is available to all employers in the program. The commissioner shall attempt to establish health coverage options that have strong care management features to control costs and promote quality and shall attempt to make a choice of health coverage options available. Health coverage for a retiree who is eligible for the federal Medicare program must be administered as though the retiree is enrolled in Medicare parts A and B. To the extent feasible as determined by the commissioner and in the best interests of the program, the commissioner shall model coverage after the plan established in section 43A.18, subdivision 2. Health coverage must include at least the benefits required of a carrier regulated under chapter 62A, 62C, or 62D for comparable coverage. Coverage under this paragraph must not be provided as part of the health plans available to state employees.
(b) Optional coverages. In addition to offering health coverage, the commissioner may arrange to offer dental coverage through the program. Employers with health coverage may choose to offer dental coverage according to the terms established by the commissioner.
(c) Open enrollment. The program must meet all underwriting requirements of chapter 62L and must provide periodic open enrollments for eligible individuals for those coverages where a choice exists.
(d) Technical assistance. The commissioner may arrange for technical assistance and referrals for eligible employers in areas such as health promotion and wellness, employee benefits structure, tax planning, and health care analysis services as described in section 62J.2930.
(a) Payments. Employers enrolled in the program shall pay premiums according to terms established by the commissioner. If an employer fails to make the required payments, the commissioner may cancel coverage and pursue other civil remedies.
(b) Rating method. The commissioner shall determine the premium rates and rating method for the program. The rating method for eligible small employers must meet or exceed the requirements of chapter 62L. The rating methods must recover in premiums all of the ongoing costs for state administration and for maintenance of a premium stability and claim fluctuation reserve. On June 30, 1999, after paying all necessary and reasonable expenses, the commissioner must apply up to $2,075,000 of any remaining balance in the Minnesota employees' insurance trust fund to repayment of any amounts drawn or expended for this program from the health care access fund.
(c) Taxes and assessments. To the extent that the program operates as a self-insured group, the premiums paid to the program are not subject to the taxes imposed by chapter 297I, but the program is subject to a Minnesota Comprehensive Health Association assessment under section 62E.11.
(a) Contents. The Minnesota employees insurance trust fund in the state treasury consists of deposits received from eligible employers and individuals, contractual settlements or rebates relating to the program, investment income or losses, and direct appropriations.
(b) Appropriation. All money in the fund is appropriated to the commissioner to pay insurance premiums, approved claims, refunds, administrative costs, and other costs necessary to administer the program.
(c) Reserves. For any coverages for which the program does not contract to transfer full financial responsibility, the commissioner shall establish and maintain reserves:
(1) for claims in process, incomplete and unreported claims, premiums received but not yet earned, and all other accrued liabilities; and
(2) to ensure premium stability and the timely payment of claims in the event of adverse claims experience. The reserve for premium stability and claim fluctuations must be established according to the standards of section 62C.09, subdivision 3, except that the reserve may exceed the upper limit under this standard until July 1, 1997.
(d) Investments. The State Board of Investment shall invest the fund's assets according to section 11A.24. Investment income and losses attributable to the fund must be credited to the fund.
The Minnesota employees insurance program is a state program to provide the advantages of a large pool to small employers for purchasing health coverage, other coverages, and related services from insurance companies, health maintenance organizations, and other organizations. The program is not an insurance company. Coverage under this program shall be considered a certificate of insurance or similar evidence of coverage and is subject to all applicable requirements of chapters 60A, 62A, 62C, 62E, 62H, 62L, and 72A, and is subject to regulation by the commissioner of commerce to the extent applicable.
Notwithstanding sections 60K.49 and 72A.07, the program may use, and pay referral fees, commissions, or other compensation to, agents licensed as insurance producers under chapter 60K or licensed under section 62C.17, regardless of whether the agents are appointed to represent the particular health carriers or community integrated service networks that provide the coverage available through the program. When acting under this subdivision, an agent is not an agent of the health carrier or community integrated service network, with respect to that transaction.
(a) Scope. For the purposes of this section, the terms defined have the meanings given them.
(b) Eligible person. "Eligible person" means:
(1) a person who is eligible for insurance and benefits under section 43A.24;
(2) a person who at the time of separation from employment was eligible to purchase coverage at personal expense under section 43A.27, subdivision 3, regardless of whether the person elected to purchase this coverage;
(3) a spouse of a person described in clause (1) or (2), regardless of the enrollment status in the program of the person described in clause (1) or (2); or
(4) a parent of a person described in clause (1), regardless of the enrollment status in the program of the person described in clause (1).
(c) Program. "Program" means the statewide public employees long-term care insurance program created under subdivision 2.
(d) Qualified vendor. "Qualified vendor" means an entity licensed or authorized to underwrite, provide, or administer group long-term care insurance benefits in this state.
(a) The commissioner may administer a program to make long-term care coverage available to eligible persons. The commissioner may determine the program's funding arrangements, request bids from qualified vendors, and negotiate and enter into contracts with qualified vendors. Contracts are not subject to the requirements of section 16C.16 or 16C.19. Contracts must be for a uniform term of at least one year, but may be made automatically renewable from term to term in the absence of notice of termination by either party. The program may not be self-insured until the commissioner has completed an actuarial study of the program and reported the results of the study to the legislature and self-insurance has been specifically authorized by law.
(b) The program may provide coverage for home, community, and institutional long-term care and any other benefits as determined by the commissioner. Coverage is optional. The enrolled eligible person must pay the full cost of the coverage.
(c) The commissioner shall promote activities that attempt to raise awareness of the need for long-term care insurance among residents of the state and encourage the increased prevalence of long-term care coverage. These activities must include the sharing of knowledge gained in the development of the program.
(d) The commissioner may employ and contract with persons and other entities to perform the duties under this section and may determine their duties and compensation consistent with this chapter.
(e) The benefits provided under this section are not terms and conditions of employment as defined under section 179A.03, subdivision 19, and are not subject to collective bargaining.
(f) The commissioner shall establish underwriting criteria for entry of all eligible persons into the program. Eligible persons who would be immediately eligible for benefits may not enroll.
(g) Eligible persons who meet underwriting criteria may enroll in the program upon hiring and at other times established by the commissioner.
(h) An eligible person enrolled in the program may continue to participate in the program even if an event, such as termination of employment, changes the person's employment status.
(i) Participating public employee pension plans and public employers may provide automatic pension or payroll deduction for payment of long-term care insurance premiums to qualified vendors contracted with under this section.
(j) The premium charged to program enrollees must include an administrative fee to cover all program expenses incurred in addition to the cost of coverage. All fees collected are appropriated to the commissioner for the purpose of administrating the program.
(a) The long-term care insurance trust fund in the state treasury consists of deposits of the premiums received from persons enrolled in the program. All money in the fund is appropriated to the commissioner to pay premiums, claims, refunds, administrative costs, and other related service costs. The commissioner shall reserve an amount of money sufficient to cover the actuarially estimated costs of claims incurred but unpaid. The trust fund must be used solely for the purpose of the program.
(b) The State Board of Investment shall invest the money in the fund according to section 11A.24. Investment income and losses attributable to the fund must be credited to or deducted from the fund.
This section does not prohibit or limit individuals or local governments from purchasing long-term care insurance through other private sources.
(a) A person is guilty of a gross misdemeanor who intentionally participates in the preparation, dissemination, or broadcast of paid political advertising or campaign material with respect to the personal or political character or acts of a candidate, or with respect to the effect of a ballot question, that is designed or tends to elect, injure, promote, or defeat a candidate for nomination or election to a public office or to promote or defeat a ballot question, that is false, and that the person knows is false or communicates to others with reckless disregard of whether it is false.
(b) A person is guilty of a misdemeanor who intentionally participates in the drafting of a letter to the editor with respect to the personal or political character or acts of a candidate, or with respect to the effect of a ballot question, that is designed or tends to elect, injure, promote, or defeat any candidate for nomination or election to a public office or to promote or defeat a ballot question, that is false, and that the person knows is false or communicates to others with reckless disregard of whether it is false.
Subdivision 1 does not apply to any person or organization whose sole act is, in the normal course of their business, the printing, manufacturing, or dissemination of the false information.
A religious, charitable, or educational organization may not request a candidate or committee to contribute to the organization, to subscribe for the support of a club or organization, to buy tickets to entertainment, or to pay for space in a publication. This section does not apply to:
(1) the solicitation of a business advertisement in periodicals in which the candidate was a regular contributor, before candidacy;
(2) ordinary business advertisements;
(3) regular payments to a religious, charitable, or educational organization, of which the candidate was a member, or to which the candidate was a contributor for more than six months before candidacy; or
(4) ordinary contributions at church services.
Repealed Minnesota Session Laws: H1837-1
Laws 2019, First Special Session chapter 3, article 2, section 34, as amended by Laws 2020, chapter 100, section 22
The definitions in section 33 apply to this section.
(a) The Driver and Vehicle Systems Oversight Committee is established and consists of the following members:
(1) the chair of the senate Finance Committee, or a senator appointed by the chair of the senate Finance Committee;
(2) the chair and ranking minority member of the senate committee with jurisdiction over transportation finance;
(3) the chair of the house of representatives Ways and Means Committee, or a member of the house of representatives appointed by the chair of the house of representatives Ways and Means Committee; and
(4) the chair and ranking minority member of the house of representatives committee with jurisdiction over transportation finance.
(b) The chair of the Blue Ribbon Council on Information Technology, or the chair's designee, must serve on the committee as a nonvoting member. If the council expires or is dissolved, the chair of the council at the time of expiration or dissolution, or the chair's designee, must continue to serve on the committee as a nonvoting member until the committee expires as provided by subdivision 8.
The MNLARS Steering Committee is dissolved and is replaced by the Oversight Committee.
(a) The Oversight Committee must:
(1) review progress reports received pursuant to subdivision 5 and reports from the information technology auditor;
(2) oversee the implementation of the VTRS;
(3) oversee the decommissioning of MNLARS, including the funds and staff resources spent on the decommissioning;
(4) oversee the driver's license system; and
(5) on an annual basis, review the fee and surcharge increases required by this article, and make a recommendation to the legislature on whether the fee and surcharge increases are set of appropriate amounts.
(b) The Oversight Committee may contract with, hire, or otherwise consult with any individual to assist the committee with its duties.
(a) Between 20 and 30 days before the start of each quarter, the commissioners of public safety and MN.IT must submit a report to the Oversight Committee and the information technology auditor on the following:
(1) the status of MNLARS, including a summary of work performed to maintain MNLARS and any work performed to decommission MNLARS;
(2) the status of the implementation of VTRS;
(3) a detailed explanation of any funds expended related to MNLARS and the purposes of the expenditures, the number of staff working on MNLARS, and a description of the work performed;
(4) a list of all requested customizations to VTRS, the purpose for the customization, the cost of the customization, and whether the commissioner approved the customization; and
(5) the status of the driver's license system.
(b) Between 20 and 30 days before the start of each quarter, the vendor must submit a report to the Oversight Committee regarding the progress on the implementation of the VTRS.
(c) Between 20 and 30 days before the start of each quarter, the Minnesota Deputy Registrars Association, the Minnesota Deputy Registrar Business Owners Association, the Minnesota Automobile Dealers Association, and any other stakeholders are each encouraged to submit a report to the Oversight Committee regarding MNLARS, VTRS, or the driver's license system.
(a) The chairs of the legislative committees with jurisdiction over transportation finance serve as cochairs of the Oversight Committee.
(b) The Oversight Committee must meet at least once each quarter.
(c) The Oversight Committee is subject to Minnesota Statutes, section 3.055, except that a member may vote by submitting a written statement indicating how the member votes on a motion. The written statement must be treated in the same manner as the votes of the members present at the meeting. The written statement must be submitted to all members prior to the start of the meeting at which the vote will take place.
The Legislative Coordinating Commission must provide meeting space and administrative support for the Oversight Committee.
The Oversight Committee expires six months after full implementation of VTRS. After full implementation but prior to the expiration of the Oversight Committee, the Oversight Committee must complete a report that, at a minimum, summarizes the activities of the Oversight Committee and makes recommendations to the legislature on proposed changes to state driver and vehicle laws. The Oversight Committee must submit the report to the legislative auditor. For purposes of this subdivision, "full implementation" means all packaged software solution components are implemented and functioning and all MNLARS and legacy components are decommissioned.
This section is effective the day following final enactment.
Laws 2022, chapter 50, article 3, section 2
new text begin Laws 2020, chapter 71, article 1, section 7, as amended by Laws 2020, chapter 81, sections 1 and 2, is revived and reenacted as of December 30, 2020. new text end
new text begin This section is effective retroactively from December 30, 2020, and applies to duties required under this article. new text end