4th Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/27/2024 02:22pm
A bill for an act
relating to government operations; establishing a biennial budget; appropriating
money for the legislature, certain constitutional offices and state agencies,
Minnesota Historical Society, Minnesota Humanities Center, State Lottery, certain
retirement accounts, certain offices, departments, boards, commissions, councils,
general contingent account, and tort claims; transferring certain funds; providing
revenue recapture; requiring appropriation reduction for executive agencies;
canceling a certain general fund appropriation; making changes to policy provisions
for state government operations, local government policy, elections administration,
campaign finance, information technology and cybersecurity, grants oversight,
and state employees with disabilities; providing penalties; requiring reports;
amending Minnesota Statutes 2022, sections 1.135, subdivisions 2, 4, 6, by adding
a subdivision; 1.141, subdivision 1; 3.011; 3.012; 3.099, subdivision 3; 3.195,
subdivision 1; 3.303, subdivision 6; 3.855, subdivisions 2, 3, 5, by adding a
subdivision; 3.888, subdivision 5, by adding subdivisions; 3.97, subdivision 2;
3.972, subdivision 3; 3.978, subdivision 2; 3.979, subdivisions 2, 3, by adding a
subdivision; 4.045; 5.30, subdivision 2; 5B.06; 6.91, subdivision 4; 9.031,
subdivision 3; 10.44; 10.45; 10.5805; 10A.01, subdivisions 5, 21, 26, 30, by adding
subdivisions; 10A.022, subdivision 3; 10A.025, subdivision 4; 10A.03, subdivision
2, by adding a subdivision; 10A.04, subdivisions 3, 4, 6, 9; 10A.05; 10A.06;
10A.071, subdivision 1; 10A.09, subdivision 5, by adding a subdivision; 10A.121,
subdivisions 1, 2; 10A.15, subdivisions 3, 5, by adding subdivisions; 10A.17,
subdivision 5, by adding a subdivision; 10A.20, subdivisions 2a, 5, 12; 10A.244;
10A.25, subdivision 3a; 10A.271, subdivision 1; 10A.273, subdivision 1; 10A.275,
subdivision 1; 10A.31, subdivision 4; 10A.38; 12.03, by adding subdivisions;
12.31, subdivision 2; 12.36; 13.04, subdivision 4; 13D.02, subdivision 1; 15.0395;
15.066, by adding a subdivision; 15A.0815, subdivisions 1, 2; 15A.082,
subdivisions 1, 2, 3, 4, by adding a subdivision; 15A.0825, subdivisions 1, 2, 3,
4, 9; 16A.011, by adding a subdivision; 16A.055, by adding a subdivision; 16A.103,
subdivisions 1, 1b, as amended, by adding a subdivision; 16A.122, subdivision 2;
16A.126, subdivision 1; 16A.1286, subdivision 2; 16A.15, subdivision 3; 16A.152,
subdivisions 2, 4; 16A.632, subdivision 2; 16A.97; 16B.307, subdivision 1; 16B.32,
subdivisions 1, 1a; 16B.33, subdivisions 1, 3, 3a, by adding a subdivision;
16B.4805, subdivision 1; 16B.58, by adding a subdivision; 16B.87, subdivision
2; 16B.97, subdivisions 2, 3, 4; 16B.98, subdivisions 5, 6, 8, by adding subdivisions;
16B.991; 16C.10, subdivision 2; 16C.16, subdivisions 6, 6a, 7; 16C.19; 16C.251;
16C.32, subdivision 1; 16C.36; 16E.01, subdivisions 1a, 3, by adding a subdivision;
16E.016; 16E.03, subdivisions 2, 4a, by adding a subdivision; 16E.14, subdivision
4; 16E.21, subdivisions 1, 2; 43A.01, subdivision 2; 43A.02, by adding
subdivisions; 43A.04, subdivisions 1a, 4, 7; 43A.06, subdivision 1; 43A.08,
subdivision 1; 43A.09; 43A.10, subdivisions 2a, 7; 43A.14; 43A.15, subdivision
14, by adding a subdivision; 43A.18, subdivision 1; 43A.19, subdivision 1;
43A.191; 43A.21, subdivisions 1, 2, 3, by adding a subdivision; 43A.36, subdivision
1; 43A.421; 116J.994, subdivision 3; 118A.09, subdivisions 1, 2, 3; 135A.17,
subdivision 2; 137.0245, subdivision 2, by adding a subdivision; 138.081,
subdivision 3; 138.665, subdivision 2; 138.912, subdivisions 1, 2; 145.951;
155A.23, subdivisions 8, 18, by adding a subdivision; 155A.27, subdivisions 1,
5a, 10; 155A.271, subdivision 1; 155A.29, subdivision 1; 161.1419, subdivision
2; 179A.03, subdivision 14; 179A.22, subdivision 4; 200.02, subdivision 7; 201.014,
subdivision 2a, as added; 201.022, subdivision 1; 201.061, subdivisions 1, 3, by
adding a subdivision; 201.071, subdivisions 1, as amended, 8; 201.091, subdivision
4a; 201.12, subdivision 2; 201.121, subdivision 1; 201.13, subdivision 3; 201.145,
subdivisions 3, 4; 201.1611, subdivision 1, by adding a subdivision; 201.195;
201.225, subdivision 2; 202A.13; 202A.18, subdivision 2a; 203B.001; 203B.01,
by adding subdivisions; 203B.03, subdivision 1, by adding a subdivision; 203B.05,
subdivision 1; 203B.06, subdivision 3; 203B.07, subdivisions 1, 2, 3; 203B.08,
subdivisions 1, 3; 203B.081, subdivisions 1, 3, by adding subdivisions; 203B.085;
203B.11, subdivisions 1, 2, 4; 203B.12, subdivisions 7, 8, by adding a subdivision;
203B.121, subdivisions 1, 2, 3, 4; 203B.16, subdivision 2; 203B.21, subdivisions
1, 3; 203B.23, subdivision 2; 203B.24, subdivision 1; 204B.06, subdivisions 1,
1b, 4a, by adding a subdivision; 204B.071; 204B.09, subdivisions 1, 3; 204B.13,
by adding a subdivision; 204B.14, subdivision 2; 204B.16, subdivision 1; 204B.19,
subdivision 6; 204B.21, subdivision 2; 204B.26; 204B.28, subdivision 2; 204B.32,
subdivision 2; 204B.35, by adding a subdivision; 204B.45, subdivisions 1, 2, by
adding a subdivision; 204B.46; 204B.49; 204C.04, subdivision 1; 204C.07,
subdivision 4; 204C.10, as amended; 204C.15, subdivision 1; 204C.24, subdivision
1; 204C.28, subdivision 1; 204C.33, subdivision 3; 204C.35, by adding a
subdivision; 204C.39, subdivision 1; 204D.08, subdivision 6; 204D.09, subdivision
2; 204D.13, subdivisions 2, 3, by adding a subdivision; 204D.16; 204D.25,
subdivision 1; 205.13, subdivision 5; 205.16, subdivision 2; 205.175, subdivision
3; 205A.09, subdivision 2; 205A.10, subdivision 5; 205A.12, subdivision 5; 206.58,
subdivisions 1, 3; 206.61, subdivision 1; 206.80; 206.83; 206.845, subdivision 1,
by adding a subdivision; 206.86, by adding a subdivision; 206.90, subdivision 10;
207A.12; 207A.15, subdivision 2; 208.05; 209.021, subdivision 2; 211A.02,
subdivision 1; 211B.11, subdivision 1; 211B.15, subdivisions 4a, as added, 8;
211B.20, subdivision 1; 211B.32, subdivision 1, as amended; 307.08; 349A.02,
subdivision 1; 367.03, subdivision 6; 381.12, subdivision 2; 383B.145, by adding
a subdivision; 383B.32, subdivision 2; 428A.01, by adding subdivisions; 428A.02,
subdivision 1; 428A.03, by adding a subdivision; 447.32, subdivision 4; 462A.22,
subdivision 10; 471.345, by adding a subdivision; 473.606, subdivision 5; 473.704,
subdivision 3; 507.0945; 645.44, subdivision 5, as amended; Laws 2023, chapter
5, sections 1; 2; Laws 2023, chapter 34, article 2, section 1; proposing coding for
new law in Minnesota Statutes, chapters 1; 2; 3; 5; 8; 10A; 15; 16A; 16B; 16E;
43A; 118A; 134; 138; 155A; 203B; 208; 211B; 381; 412; 471; repealing Minnesota
Statutes 2022, sections 1.135, subdivisions 3, 5; 1.141, subdivisions 3, 4, 6; 4A.01;
4A.04; 4A.06; 4A.07; 4A.11; 12.03, subdivision 5d; 15A.0815, subdivisions 3, 4,
5; 16A.98; 16B.24, subdivision 13; 16B.323; 16B.326; 16E.0466, subdivision 2;
43A.17, subdivision 9; 124D.23, subdivision 9; 136F.03; 179.90; 179.91; 202A.16,
subdivisions 1, 2, 3; 203B.081, subdivision 2; 204D.04, subdivision 1; 383B.143,
subdivisions 2, 3; 383C.806; Laws 2014, chapter 287, section 25, as amended;
Laws 2023, chapter 34, article 4, section 1, subdivision 2; Minnesota Rules, parts
4511.0100, subpart 1a; 4511.0600, subpart 5.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. new text begin STATE GOVERNMENT AND ELECTIONS APPROPRIATIONS.
|
new text begin
The sums shown in the columns marked "Appropriations" are appropriated to the agencies
and for the purposes specified in this article. The appropriations are from the general fund,
or another named fund, and are available for the fiscal years indicated for each purpose.
The figures "2024" and "2025" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2024, or June 30, 2025, respectively.
"The first year" is fiscal year 2024. "The second year" is fiscal year 2025. "The biennium"
is fiscal years 2024 and 2025.
new text end
new text begin
APPROPRIATIONS new text end |
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new text begin
Available for the Year new text end |
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new text begin
Ending June 30 new text end |
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new text begin
2024 new text end |
new text begin
2025 new text end |
Sec. 2. new text begin LEGISLATURE
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new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
153,255,000 new text end |
new text begin
$ new text end |
new text begin
122,993,000 new text end |
new text begin
The amounts that may be spent for each
purpose are specified in the following
subdivisions. The base for this appropriation
is $123,093,000 in fiscal year 2026 and each
fiscal year thereafter.
new text end
new text begin Subd. 2. new text end
new text begin
Senate
|
new text begin
41,045,000 new text end |
new text begin
43,845,000 new text end |
new text begin
The base for this appropriation in fiscal year
2026 and fiscal year 2027 is reduced by an
amount equal to the base established for the
senate under Minnesota Statutes, section
3.1985, subdivision 2.
new text end
new text begin Subd. 3. new text end
new text begin
House of Representatives
|
new text begin
48,046,000 new text end |
new text begin
48,558,000 new text end |
new text begin
The base for this appropriation in fiscal year
2026 and fiscal year 2027 is reduced by an
amount equal to the base established for the
house of representatives under Minnesota
Statutes, section 3.1985, subdivision 2.
new text end
new text begin Subd. 4. new text end
new text begin
Legislative Coordinating Commission
|
new text begin
64,164,000 new text end |
new text begin
30,590,000 new text end |
new text begin
The base is $30,690,000 in fiscal year 2026
and each fiscal year thereafter.
new text end
new text begin
$200,000 each year is for the Office on the
Economic Status of Women. The base for this
appropriation is $400,000 in fiscal year 2026
and each fiscal year thereafter.
new text end
new text begin
$1,000,000 the first year is to provide
translation services for legislative business.
new text end
new text begin
new text begin Legislative Auditor.new text end $10,459,000 the first
year and $11,526,000 the second year are for
the Office of the Legislative Auditor.
new text end
new text begin
new text begin Revisor of Statutes.new text end $22,250,000 the first year
and $8,714,000 the second year are for the
Office of the Revisor of Statutes.
new text end
new text begin
new text begin Legislative Reference Library.new text end $2,055,000
the first year and $2,184,000 the second year
are for the Legislative Reference Library.
new text end
new text begin
new text begin Legislative Budget Office.new text end $2,454,000 the
first year and $2,669,000 the second year are
for the Legislative Budget Office.
new text end
Sec. 3. new text begin GOVERNOR AND LIEUTENANT
|
new text begin
$ new text end |
new text begin
9,258,000 new text end |
new text begin
$ new text end |
new text begin
9,216,000 new text end |
new text begin
(a) $19,000 each year is for necessary
expenses in the normal performance of the
governor's and lieutenant governor's duties for
which no other reimbursement is provided.
new text end
new text begin
(b) By September 1 of each year, the
commissioner of management and budget shall
report to the chairs and ranking minority
members of the legislative committees with
jurisdiction over state government finance any
personnel costs incurred by the Offices of the
Governor and Lieutenant Governor that were
supported by appropriations to other agencies
during the previous fiscal year. The Office of
the Governor shall inform the chairs and
ranking minority members of the committees
before initiating any interagency agreements.
new text end
Sec. 4. new text begin STATE AUDITOR
|
new text begin
$ new text end |
new text begin
14,965,000 new text end |
new text begin
$ new text end |
new text begin
14,254,000 new text end |
new text begin
The base for this appropriation is $14,268,000
in fiscal year 2026 and $14,278,000 in fiscal
year 2027.
new text end
new text begin
$500,000 the first year is for assistance and
grants to towns to facilitate use of the Small
City and Town Accounting System.
new text end
Sec. 5. new text begin ATTORNEY GENERAL
|
new text begin
$ new text end |
new text begin
56,296,000 new text end |
new text begin
$ new text end |
new text begin
43,825,000 new text end |
new text begin
Appropriations by Fund new text end |
||
new text begin
2024 new text end |
new text begin
2025 new text end |
|
new text begin
General new text end |
new text begin
53,380,000 new text end |
new text begin
40,909,000 new text end |
new text begin
State Government Special Revenue new text end |
new text begin
2,521,000 new text end |
new text begin
2,521,000 new text end |
new text begin
Environmental new text end |
new text begin
145,000 new text end |
new text begin
145,000 new text end |
new text begin
Remediation new text end |
new text begin
250,000 new text end |
new text begin
250,000 new text end |
new text begin
$1,000,000 the first year is for transfer from
the general fund to the consumer litigation
account established in Minnesota Statutes,
section 8.315.
new text end
Sec. 6. new text begin SECRETARY OF STATE
|
new text begin
$ new text end |
new text begin
13,470,000 new text end |
new text begin
$ new text end |
new text begin
11,069,000 new text end |
new text begin
The base for this appropriation is $11,255,000
in fiscal year 2026 and $11,069,000 in fiscal
year 2027.
new text end
new text begin
$500,000 the first year is for the secretary of
state to make grants to counties and
municipalities to improve access to polling
places for individuals with disabilities and to
provide the same opportunity for access and
participation in the electoral process, including
privacy and independence, to voters with
disabilities as that which exists for voters with
no disabilities. Funds may be used to purchase
equipment or to make capital improvements
to government-owned facilities. This is a
onetime appropriation and is available until
June 30, 2027.
new text end
new text begin
$200,000 the first year is to develop and
implement an educational campaign relating
to the restoration of the right to vote to
formerly incarcerated individuals, including
voter education materials and outreach to
affected individuals.
new text end
Sec. 7. new text begin CAMPAIGN FINANCE AND PUBLIC
|
new text begin
$ new text end |
new text begin
1,993,000 new text end |
new text begin
$ new text end |
new text begin
1,981,000 new text end |
new text begin
The base for this appropriation is $1,791,000
in fiscal year 2026 and each fiscal year
thereafter.
new text end
Sec. 8. new text begin STATE BOARD OF INVESTMENT
|
new text begin
$ new text end |
new text begin
139,000 new text end |
new text begin
$ new text end |
new text begin
139,000 new text end |
Sec. 9. new text begin ADMINISTRATIVE HEARINGS
|
new text begin
$ new text end |
new text begin
12,528,000 new text end |
new text begin
$ new text end |
new text begin
10,510,000 new text end |
new text begin
Appropriations by Fund new text end |
||
new text begin
2024 new text end |
new text begin
2025 new text end |
|
new text begin
General new text end |
new text begin
2,760,000 new text end |
new text begin
694,000 new text end |
new text begin
Workers' Compensation new text end |
new text begin
9,768,000 new text end |
new text begin
9,816,000 new text end |
Sec. 10. new text begin INFORMATION TECHNOLOGY
|
new text begin
$ new text end |
new text begin
90,215,000 new text end |
new text begin
$ new text end |
new text begin
56,140,000 new text end |
new text begin
The base for this appropriation is $10,853,000
in fiscal year 2026 and $10,872,000 in fiscal
year 2027.
new text end
new text begin
(a) Cybersecurity Grant Program.
$2,204,000 the first year and $3,521,000 the
second year are for a state and local
cybersecurity improvement grant program for
political subdivisions and Minnesota Tribal
governments, as established in Minnesota
Statutes, section 16E.35. This is a onetime
appropriation and is available until June 30,
2027.
new text end
new text begin
(b) Statewide Cybersecurity Enhancements.
$10,280,000 the first year and $16,875,000
the second year are to procure, implement,
and support advanced cybersecurity tools that
combat persistent and evolving cybersecurity
threats. This is a onetime appropriation and is
available until June 30, 2027.
new text end
new text begin
(c) Executive Branch Cloud
Transformation. $10,685,000 the first year
and $22,910,000 the second year are to
support planning, migration, modernization,
infrastructure, training, and services required
for executive branch cloud transformation to
modernize enterprise information technology
delivery for state agency business partners.
This is a onetime appropriation and is
available until June 30, 2027.
new text end
new text begin
(d) Targeted Application Modernization.
$40,000,000 the first year is to modernize
targeted applications to improve user
experiences with digital services provided by
state agencies, enable service delivery
transformation, and systematically address
aging technology. This is a onetime
appropriation and is available until June 30,
2027.
new text end
new text begin
(e) Children's Cabinet IT Innovation.
$2,000,000 each year is to provide technology
capabilities that support centering Minnesota
children and their families over agency
structures and provides dedicated information
technology resources to deliver innovative
digital services to children and families. This
is a onetime appropriation and is available
until June 30, 2027.
new text end
new text begin
(f) Public Land Survey System. $9,700,000
the first year is for the grant program
authorized by Minnesota Statutes, section
381.125, and for grants to counties to employ
county technical staff to aid surveyors making
land survey corners. Up to six percent of this
appropriation may be used by the chief
geospatial information officer for the
administration of the grant program. This is a
onetime appropriation and is available until
June 30, 2027.
new text end
new text begin
(g) During the biennium ending June 30, 2025,
the Department of Information Technology
Services must not charge fees to a public
noncommercial educational television
broadcast station eligible for funding under
Minnesota Statutes, chapter 129D, for access
to the state broadcast infrastructure. If the
access fees not charged to public
noncommercial educational television
broadcast stations total more than $400,000
for the biennium, the office may charge for
access fees in excess of these amounts.
new text end
Sec. 11. new text begin ADMINISTRATION
|
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
73,623,000 new text end |
new text begin
$ new text end |
new text begin
46,421,000 new text end |
new text begin
The base for this appropriation is $35,746,000
in fiscal year 2026 and $35,758,000 in fiscal
year 2027.
new text end
new text begin
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
Government and Citizen Services
|
new text begin
39,928,000 new text end |
new text begin
19,943,000 new text end |
new text begin
The base for this appropriation is $17,268,000
in fiscal year 2026 and $17,280,000 in fiscal
year 2027.
new text end
new text begin
Council on Developmental Disabilities.
$222,000 each year is for the Council on
Developmental Disabilities.
new text end
new text begin
State Agency Accommodation
Reimbursement. $200,000 each year may be
transferred to the accommodation account
established in Minnesota Statutes, section
16B.4805.
new text end
new text begin
Disparity Study. $500,000 the first year and
$1,000,000 the second year are to conduct a
study on disparities in state procurement. This
is a onetime appropriation.
new text end
new text begin
Grants Administration Oversight.
$2,411,000 the first year and $1,782,000 the
second year are for grants administration
oversight. The base for this appropriation in
fiscal year 2026 and each year thereafter is
$1,581,000.
new text end
new text begin
$735,000 the first year and $201,000 the
second year are for a study to develop a road
map on the need for an enterprise grants
management system and to implement the
study's recommendation. This is a onetime
appropriation.
new text end
new text begin
Risk Management Fund Property
Self-Insurance. $12,500,000 the first year is
for transfer to the risk management fund under
Minnesota Statutes, section 16B.85. This is a
onetime appropriation.
new text end
new text begin
Office of Enterprise Translations.
$1,306,000 the first year and $1,159,000 the
second year are to establish the Office of
Enterprise Translations. $250,000 each year
may be transferred to the language access
service account established in Minnesota
Statutes, section 16B.373.
new text end
new text begin
Capitol Mall Design Framework
Implementation. $5,000,000 the first year is
to implement the updated Capitol Mall Design
Framework, prioritizing the framework plans
identified in article 2, section 124. This
appropriation is available until December 31,
2024.
new text end
new text begin
new text begin Parking Fund.new text end $3,255,000 the first year and
$1,085,000 the second year are for a transfer
to the state parking account to maintain the
operations of the parking and transit program
on the Capitol complex. These are onetime
transfers.
new text end
new text begin
Procurement; Environmental Analysis and
Task Force. $522,000 the first year and
$367,000 the second year are to implement
the provisions of Minnesota Statutes, section
16B.312.
new text end
new text begin
Center for Rural Policy and Development.
$100,000 the first year is for a grant to the
Center for Rural Policy and Development.
new text end
new text begin Subd. 3. new text end
new text begin
Strategic Management Services
|
new text begin
2,574,000 new text end |
new text begin
2,645,000 new text end |
new text begin Subd. 4. new text end
new text begin
Fiscal Agent
|
new text begin
31,121,000 new text end |
new text begin
23,833,000 new text end |
new text begin
The base for this appropriation is $15,833,000
in fiscal year 2026 and each fiscal year
thereafter.
new text end
new text begin
The appropriations under this section are to
the commissioner of administration for the
purposes specified.
new text end
new text begin
In-Lieu of Rent.
new text end
new text begin
$11,129,000 each year is for
space costs of the legislature and veterans
organizations, ceremonial space, and
statutorily free space.
new text end
new text begin
new text begin Public Television.new text end (a) $1,550,000 each year
is for matching grants for public television.
new text end
new text begin
(b) $250,000 each year is for public television
equipment grants under Minnesota Statutes,
section 129D.13.
new text end
new text begin
(c) $500,000 each year is for block grants to
public television under Minnesota Statutes,
section 129D.13. Of this amount, up to three
percent is for the commissioner of
administration to administer the grants. This
is a onetime appropriation.
new text end
new text begin
(d) The commissioner of administration must
consider the recommendations of the
Minnesota Public Television Association
before allocating the amounts appropriated in
paragraphs (a) and (b) for equipment or
matching grants.
new text end
new text begin
new text begin Public Radio.new text end (a) $2,392,000 the first year
and $1,242,000 the second year are for
community service grants to public
educational radio stations. This appropriation
may be used to disseminate emergency
information in foreign languages. Any
unencumbered balance does not cancel at the
end of the first year and is available for the
second year.
new text end
new text begin
(b) $142,000 each year is for equipment grants
to public educational radio stations. This
appropriation may be used for the repair,
rental, and purchase of equipment including
equipment under $500.
new text end
new text begin
(c) $850,000 the first year is for grants to the
Association of Minnesota Public Educational
Radio Stations for the purchase of emergency
equipment and increased cybersecurity and
broadcast technology. The Association of
Minnesota Public Educational Radio Stations
may use up to four percent of this
appropriation for costs that are directly related
to and necessary for the administration of these
grants.
new text end
new text begin
(d) $1,288,000 the first year is for a grant to
the Association of Minnesota Public
Educational Radio Stations to provide a
diverse community radio news service. Of this
amount, up to $38,000 is for the commissioner
of administration to administer this grant. This
is a onetime appropriation and is available
until June 30, 2027.
new text end
new text begin
(e) $1,020,000 each year is for equipment
grants to Minnesota Public Radio, Inc.,
including upgrades to Minnesota's Emergency
Alert and AMBER Alert Systems.
new text end
new text begin
(f) The appropriations in paragraphs (a) to (e)
may not be used for indirect costs claimed by
an institution or governing body.
new text end
new text begin
(g) The commissioner of administration must
consider the recommendations of the
Association of Minnesota Public Educational
Radio Stations before awarding grants under
Minnesota Statutes, section 129D.14, using
the appropriations in paragraphs (a) to (c). No
grantee is eligible for a grant unless they are
a member of the Association of Minnesota
Public Educational Radio Stations on or before
July 1, 2023.
new text end
new text begin
(h) Any unencumbered balance remaining the
first year for grants to public television or
public radio stations does not cancel and is
available for the second year.
new text end
new text begin
Real Estate and Construction Services.
$12,000,000 the first year and $8,000,000 the
second year are to facilitate space
consolidation and the transition to a hybrid
work environment, including but not limited
to the design, remodel, equipping, and
furnishing of the space. This appropriation
may also be used for relocation and rent loss.
This is a onetime appropriation and is
available until June 30, 2027.
new text end
Sec. 12. new text begin CAPITOL AREA ARCHITECTURAL
|
new text begin
$ new text end |
new text begin
1,070,000 new text end |
new text begin
$ new text end |
new text begin
510,000 new text end |
new text begin
The base for this appropriation in fiscal year
2026 and each year thereafter is $455,000.
new text end
new text begin
$500,000 the first year is to support
commemorative artwork activities. This is a
onetime appropriation and is available until
June 30, 2027.
new text end
new text begin
$130,000 in fiscal year 2024 and $55,000 in
fiscal year 2025 are for mandatory zoning and
design rules. This is a onetime appropriation.
new text end
Sec. 13. new text begin MINNESOTA MANAGEMENT AND
|
new text begin
$ new text end |
new text begin
55,356,000 new text end |
new text begin
$ new text end |
new text begin
58,057,000 new text end |
new text begin
The base for this appropriation is $47,831,000
in fiscal year 2026 and each fiscal year
thereafter.
new text end
new text begin
(a) $13,489,000 the first year and $14,490,000
the second year are to stabilize and secure the
state's enterprise resource planning systems.
This amount is available until June 30, 2027.
The base for this appropriation is $6,470,000
in fiscal year 2026 and each fiscal year
thereafter.
new text end
new text begin
(b) $1,000,000 each year is for administration
and staffing of the Children's Cabinet
established in Minnesota Statutes, section
4.045.
new text end
new text begin
(c) $317,000 each year is to increase the
agency's capacity to proactively raise
awareness about the capital budget process
and provide technical assistance around the
requirements associated with the capital
budget process and receiving general fund or
general obligation bond funding for capital
projects, including compliance requirements
that must be met at various stages of capital
project development, with particular focus on
nonprofits, American Indian communities, and
communities of color that have traditionally
not participated in the state capital budget
process. This appropriation may also be used
to increase the agency's capacity to coordinate
with other state agencies regarding the
administration of grant agreements, programs,
and technical assistance related to capital
projects governed by the provisions of
Minnesota Statutes, chapter 16A, and other
applicable laws and statutes.
new text end
new text begin
(d) $2,500,000 each year is for interagency
collaboration to develop data collection
standards for race, ethnicity, gender identity,
and disability status and to develop a roadmap
and timeline for implementation of the data
standards across state government. These
funds may be transferred to other agencies to
support this work and may be used to update
computer systems to accommodate revised
data collection standards. This is a onetime
appropriation and is available until June 30,
2027.
new text end
new text begin
(e) $102,000 the first year and $60,000 the
second year are for the report required under
Minnesota Statutes, section 43A.15,
subdivision 14a, and for training and content
development relating to ADA Title II,
affirmative action, equal employment
opportunity, digital accessibility, inclusion,
disability awareness, and cultural competence.
new text end
Sec. 14. new text begin REVENUE
|
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
194,566,000 new text end |
new text begin
$ new text end |
new text begin
203,778,000 new text end |
new text begin
Appropriations by Fund new text end |
||
new text begin
2024 new text end |
new text begin
2025 new text end |
|
new text begin
General new text end |
new text begin
190,306,000 new text end |
new text begin
199,518,000 new text end |
new text begin
Health Care Access new text end |
new text begin
1,760,000 new text end |
new text begin
1,760,000 new text end |
new text begin
Highway User Tax Distribution new text end |
new text begin
2,195,000 new text end |
new text begin
2,195,000 new text end |
new text begin
Environmental new text end |
new text begin
305,000 new text end |
new text begin
305,000 new text end |
new text begin
The general fund base for this appropriation
is $198,168,000 in fiscal year 2026 and each
fiscal year thereafter.
new text end
new text begin Subd. 2. new text end
new text begin
Tax System Management
|
new text begin
161,715,000 new text end |
new text begin
168,851,000 new text end |
new text begin
Appropriations by Fund new text end |
||
new text begin
General new text end |
new text begin
157,455,000 new text end |
new text begin
164,591,000 new text end |
new text begin
Health Care Access new text end |
new text begin
1,760,000 new text end |
new text begin
1,760,000 new text end |
new text begin
Highway User Tax Distribution new text end |
new text begin
2,195,000 new text end |
new text begin
2,195,000 new text end |
new text begin
Environmental new text end |
new text begin
305,000 new text end |
new text begin
305,000 new text end |
new text begin
The general fund base for this appropriation
is $163,189,000 in fiscal year 2026 and
$163,263,000 in fiscal year 2027 and each
fiscal year thereafter.
new text end
new text begin
new text begin Taxpayer Assistance.new text end (a) $750,000 each year
is for the commissioner of revenue to make
grants to one or more eligible organizations,
qualifying under section 7526A(e)(2)(B) of
the Internal Revenue Code of 1986 to
coordinate, facilitate, encourage, and aid in
the provision of taxpayer assistance services.
The unencumbered balance in the first year
does not cancel but is available for the second
year.
new text end
new text begin
(b) For purposes of this section, "taxpayer
assistance services" means accounting and tax
preparation services provided by volunteers
to low-income, elderly, and disadvantaged
Minnesota residents to help them file federal
and state income tax returns and Minnesota
property tax refund claims and to provide
personal representation before the Department
of Revenue and Internal Revenue Service.
new text end
new text begin Subd. 3. new text end
new text begin
Debt Collection Management
|
new text begin
32,851,000 new text end |
new text begin
34,927,000 new text end |
new text begin
The base for this appropriation is $34,979,000
in fiscal year 2026 and $34,905,000 in fiscal
year 2027 and each fiscal year thereafter.
new text end
Sec. 15. new text begin GAMBLING CONTROL BOARD
|
new text begin
$ new text end |
new text begin
6,365,000 new text end |
new text begin
$ new text end |
new text begin
6,334,000 new text end |
new text begin
These appropriations are from the lawful
gambling regulation account in the special
revenue fund.
new text end
Sec. 16. new text begin RACING COMMISSION
|
new text begin
$ new text end |
new text begin
1,933,000 new text end |
new text begin
$ new text end |
new text begin
954,000 new text end |
new text begin
Appropriations by Fund new text end |
||
new text begin
General new text end |
new text begin
1,000,000 new text end |
new text begin
-0- new text end |
new text begin
Special Revenue new text end |
new text begin
933,000 new text end |
new text begin
954,000 new text end |
new text begin
The special revenue fund appropriations are
from the racing and card playing regulation
accounts in the special revenue fund.
new text end
new text begin
Horseracing Integrity and Safety Act
Compliance. $1,000,000 in fiscal year 2024
is from the general fund for costs related to
the federal Horseracing Integrity and Safety
Act.
new text end
Sec. 17. new text begin STATE LOTTERY
|
new text begin
Notwithstanding Minnesota Statutes, section
349A.10, subdivision 3, the State Lottery's
operating budget must not exceed $40,000,000
in fiscal year 2024 and $40,000,000 in fiscal
year 2025.
new text end
Sec. 18. new text begin AMATEUR SPORTS COMMISSION
|
new text begin
$ new text end |
new text begin
1,229,000 new text end |
new text begin
$ new text end |
new text begin
391,000 new text end |
new text begin
$850,000 the first year is for upgrades
necessary to support the installation of solar
panels on the roof of the ice arena complex at
the National Sports Center.
new text end
Sec. 19. new text begin COUNCIL FOR MINNESOTANS OF
|
new text begin
$ new text end |
new text begin
795,000 new text end |
new text begin
$ new text end |
new text begin
816,000 new text end |
Sec. 20. new text begin COUNCIL ON LATINO AFFAIRS
|
new text begin
$ new text end |
new text begin
664,000 new text end |
new text begin
$ new text end |
new text begin
680,000 new text end |
Sec. 21. new text begin COUNCIL ON ASIAN-PACIFIC
|
new text begin
$ new text end |
new text begin
623,000 new text end |
new text begin
$ new text end |
new text begin
645,000 new text end |
Sec. 22. new text begin INDIAN AFFAIRS COUNCIL
|
new text begin
$ new text end |
new text begin
1,337,000 new text end |
new text begin
$ new text end |
new text begin
1,360,000 new text end |
Sec. 23. new text begin COUNCIL ON LGBTQIA2S+
|
new text begin
$ new text end |
new text begin
500,000 new text end |
new text begin
$ new text end |
new text begin
499,000 new text end |
Sec. 24. new text begin MINNESOTA HISTORICAL
|
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
35,356,000 new text end |
new text begin
$ new text end |
new text begin
26,932,000 new text end |
new text begin
The base for this appropriation in fiscal year
2026 and each year thereafter is $26,457,000.
new text end
new text begin
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
Operations and Programs
|
new text begin
34,935,000 new text end |
new text begin
26,511,000 new text end |
new text begin
The base for this appropriation in fiscal year
2026 and each year thereafter is $26,136,000.
new text end
new text begin
Notwithstanding Minnesota Statutes, section
138.668, the Minnesota Historical Society may
not charge a fee for its general tours at the
Capitol, but may charge fees for special
programs other than general tours.
new text end
new text begin
(a) $9,390,000 the first year is for capital
improvements and betterments at state historic
sites, buildings, landscaping at historic
buildings, exhibits, markers, and monuments,
to be spent in accordance with Minnesota
Statutes, section 16B.307. The society shall
determine project priorities as appropriate
based on need. This amount is available until
June 30, 2027.
new text end
new text begin
(b) $35,000 the first year is to support the
work of the State Emblems Redesign
Commission established under article 2,
section 118.
new text end
new text begin Subd. 3. new text end
new text begin
Fiscal Agent
|
new text begin
421,000 new text end |
new text begin
421,000 new text end |
new text begin
The base for this appropriation is $321,000 in
fiscal year 2026 and each fiscal year thereafter.
new text end
new text begin
(a) Global Minnesota new text end |
new text begin
39,000 new text end |
new text begin
39,000 new text end |
new text begin
(b) Minnesota Air National Guard Museum new text end |
new text begin
17,000 new text end |
new text begin
17,000 new text end |
new text begin
(c) Hockey Hall of Fame new text end |
new text begin
100,000 new text end |
new text begin
100,000 new text end |
new text begin
(d) Farmamerica new text end |
new text begin
215,000 new text end |
new text begin
215,000 new text end |
new text begin
The base for this appropriation is $115,000 in
fiscal year 2026 and each fiscal year thereafter.
new text end
new text begin
(e) Minnesota Military Museum new text end |
new text begin
50,000 new text end |
new text begin
50,000 new text end |
new text begin
Any unencumbered balance remaining in this
subdivision the first year does not cancel but
is available for the second year of the
biennium.
new text end
Sec. 25. new text begin BOARD OF THE ARTS
|
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
7,774,000 new text end |
new text begin
$ new text end |
new text begin
7,787,000 new text end |
new text begin
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
Operations and Services
|
new text begin
835,000 new text end |
new text begin
848,000 new text end |
new text begin Subd. 3. new text end
new text begin
Grants Program
|
new text begin
4,800,000 new text end |
new text begin
4,800,000 new text end |
new text begin Subd. 4. new text end
new text begin
Regional Arts Councils
|
new text begin
2,139,000 new text end |
new text begin
2,139,000 new text end |
new text begin
Any unencumbered balance remaining in this
section the first year does not cancel, but is
available for the second year.
new text end
new text begin
Money appropriated in this section and
distributed as grants may only be spent on
projects located in Minnesota. A recipient of
a grant funded by an appropriation in this
section must not use more than ten percent of
the total grant for costs related to travel outside
the state of Minnesota.
new text end
Sec. 26. new text begin MINNESOTA HUMANITIES
|
new text begin
$ new text end |
new text begin
3,470,000 new text end |
new text begin
$ new text end |
new text begin
970,000 new text end |
new text begin
$500,000 each year is for Healthy Eating, Here
at Home grants under Minnesota Statutes,
section 138.912. No more than three percent
of the appropriation may be used for the
nonprofit administration of the program.
new text end
new text begin
$2,500,000 the first year is for cultural
awareness programs and grants. If the center
awards grants, it may retain up to five percent
of the amount allocated to grants for
administrative costs associated with the grants.
This is a onetime appropriation and is
available until June 30, 2027.
new text end
Sec. 27. new text begin BOARD OF ACCOUNTANCY
|
new text begin
$ new text end |
new text begin
844,000 new text end |
new text begin
$ new text end |
new text begin
859,000 new text end |
Sec. 28. new text begin BOARD OF ARCHITECTURE
|
new text begin
$ new text end |
new text begin
893,000 new text end |
new text begin
$ new text end |
new text begin
913,000 new text end |
Sec. 29. new text begin BOARD OF COSMETOLOGIST
|
new text begin
$ new text end |
new text begin
3,470,000 new text end |
new text begin
$ new text end |
new text begin
3,599,000 new text end |
Sec. 30. new text begin BOARD OF BARBER EXAMINERS
|
new text begin
$ new text end |
new text begin
442,000 new text end |
new text begin
$ new text end |
new text begin
452,000 new text end |
Sec. 31. new text begin GENERAL CONTINGENT
|
new text begin
$ new text end |
new text begin
2,000,000 new text end |
new text begin
$ new text end |
new text begin
2,000,000 new text end |
new text begin
Appropriations by Fund new text end |
||
new text begin
2024 new text end |
new text begin
2025 new text end |
|
new text begin
General new text end |
new text begin
1,500,000 new text end |
new text begin
1,500,000 new text end |
new text begin
State Government Special Revenue new text end |
new text begin
400,000 new text end |
new text begin
400,000 new text end |
new text begin
Workers' Compensation new text end |
new text begin
100,000 new text end |
new text begin
100,000 new text end |
new text begin
(a) The general fund base for this
appropriation is $1,500,000 in fiscal year 2026
and each even-numbered fiscal year thereafter.
The base is $0 for fiscal year 2027 and each
odd-numbered fiscal year thereafter.
new text end
new text begin
(b) The appropriations in this section may only
be spent with the approval of the governor
after consultation with the Legislative
Advisory Commission pursuant to Minnesota
Statutes, section 3.30.
new text end
new text begin
(c) If an appropriation in this section for either
year is insufficient, the appropriation for the
other year is available for it.
new text end
Sec. 32. new text begin TORT CLAIMS
|
new text begin
$ new text end |
new text begin
161,000 new text end |
new text begin
$ new text end |
new text begin
161,000 new text end |
new text begin
These appropriations are to be spent by the
commissioner of management and budget
according to Minnesota Statutes, section
3.736, subdivision 7. If an appropriation in
this section for either year is insufficient, the
appropriation for the other year is available
for it.
new text end
Sec. 33. new text begin MINNESOTA STATE RETIREMENT
|
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
14,543,000 new text end |
new text begin
$ new text end |
new text begin
14,372,000 new text end |
new text begin
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
Combined Legislators and
|
new text begin
8,543,000 new text end |
new text begin
8,372,000 new text end |
new text begin
Under Minnesota Statutes, sections 3A.03,
subdivision 2; 3A.04, subdivisions 3 and 4;
and 3A.115.
new text end
new text begin Subd. 3. new text end
new text begin
Judges Retirement Plan
|
new text begin
6,000,000 new text end |
new text begin
6,000,000 new text end |
new text begin
For transfer to the judges retirement fund
under Minnesota Statutes, section 490.123.
This transfer continues each fiscal year until
the judges retirement plan reaches 100 percent
funding as determined by an actuarial
valuation prepared according to Minnesota
Statutes, section 356.214.
new text end
Sec. 34. new text begin PUBLIC EMPLOYEES RETIREMENT
|
new text begin
$ new text end |
new text begin
25,000,000 new text end |
new text begin
$ new text end |
new text begin
25,000,000 new text end |
new text begin
(a) $9,000,000 each year is for direct state aid
to the public employees police and fire
retirement plan authorized under Minnesota
Statutes, section 353.65, subdivision 3b.
new text end
new text begin
(b) State payments from the general fund to
the Public Employees Retirement Association
on behalf of the former MERF division
account are $16,000,000 on September 15,
2024, and $16,000,000 on September 15,
2025. These amounts are estimated to be
needed under Minnesota Statutes, section
353.505.
new text end
Sec. 35. new text begin TEACHERS RETIREMENT
|
new text begin
$ new text end |
new text begin
29,831,000 new text end |
new text begin
$ new text end |
new text begin
29,831,000 new text end |
new text begin
The amounts estimated to be needed are as
follows:
new text end
new text begin
Special Direct State Aid. $27,331,000 each
year is for special direct state aid authorized
under Minnesota Statutes, section 354.436.
new text end
new text begin
Special Direct State Matching Aid.
$2,500,000 each year is for special direct state
matching aid authorized under Minnesota
Statutes, section 354.435.
new text end
Sec. 36. new text begin ST. PAUL TEACHERS RETIREMENT
|
new text begin
$ new text end |
new text begin
14,827,000 new text end |
new text begin
$ new text end |
new text begin
14,827,000 new text end |
new text begin
The amounts estimated to be needed for
special direct state aid to the first class city
teachers retirement fund association authorized
under Minnesota Statutes, section 354A.12,
subdivisions 3a and 3c.
new text end
new text begin
$58,334,000 of the general fund appropriation in Minnesota Laws 2022, chapter 50,
article 3, section 1, is canceled to the general fund by June 30, 2023.
new text end
new text begin
This section is effective the day following final enactment.
new text end
new text begin
(a) The commissioner of management and budget must reduce general fund appropriations
to executive agencies for agency operations for the biennium ending June 30, 2025, by
$8,672,000 due to savings from reduced transfers to the Governor's Office account in the
special revenue fund.
new text end
new text begin
(b) If savings are obtained through reduced transfers from nongeneral funds other than
those established in the state constitution or protected by federal law, the commissioner of
management and budget may transfer the amount of savings to the general fund. The amount
transferred to the general fund from other funds reduces the required general fund reduction
in this section. Reductions made in fiscal year 2025 must be reflected as reductions in agency
base budgets for fiscal years 2026 and 2027.
new text end
new text begin
$1,000,000 in fiscal year 2023 is appropriated from the general fund to the Capitol Area
Architectural and Planning Board to update the Capitol Mall Design Framework and for
initial implementation of the framework. This is a onetime appropriation and is available
until December 31, 2024.
new text end
new text begin
This section is effective the day following final enactment.
new text end
new text begin
$461,000 in fiscal year 2023 is transferred from the general fund to the Help America
Vote Act (HAVA) account established in Minnesota Statutes, section 5.30, and is credited
to the state match requirement of the Consolidated Appropriations Act of 2022, Public Law
117-103, and the Consolidated Appropriations Act of 2023, Public Law 117-328. This is a
onetime transfer.
new text end
new text begin
This section is effective the day following final enactment.
new text end
new text begin
$495,000 in fiscal year 2023 is appropriated from the general fund to the secretary of
state for the payment of attorney fees and costs awarded by court order in the legislative
and congressional redistricting cases Peter Wattson, et al.; Paul Anderson, et al.; and Frank
Sachs, et al. v. Steve Simon, Secretary of State of Minnesota, Nos. A21-0243 and A21-0546,
and interest thereon. This is a onetime appropriation.
new text end
new text begin
This section is effective the day following final enactment.
new text end
new text begin
$165,000 in fiscal year 2024 and $33,000 in fiscal year 2025 are appropriated to the
commissioner of corrections for the report required under Minnesota Statutes section 201.145,
subdivision 3.
new text end
new text begin
$1,250,000 each year is transferred from the general fund to the voting operations,
technology, and election resources account established under Minnesota Statutes, section
5.305. The base for this transfer is $1,250,000 in fiscal year 2026 and each fiscal year
thereafter.
new text end
new text begin
$2,103,000 in fiscal year 2025 is transferred from the general fund to the general account
of the state elections campaign account established in Minnesota Statutes, section 10A.31.
This is a onetime transfer.
new text end
new text begin
$9,391,000 in fiscal year 2024 is transferred from the general fund to the asset
preservation account in the special revenue fund established in Minnesota Statutes, section
16B.24, subdivision 5, paragraph (d).
new text end
new text begin
$500,000 in fiscal year 2024 and $250,000 in fiscal year 2025 are appropriated from the
general fund to the Science Museum of Minnesota for revenue recovery. This is a onetime
appropriation.
new text end
new text begin
$1,000,000 in fiscal year 2024 is appropriated from the general fund to the Board of
Regents of the University of Minnesota for a geophysical study and hazard assessment of
the St. Anthony Falls area and St. Anthony Falls cutoff wall. The study must include a
field-based investigation of the cutoff wall and other subsurface structures, modeling of the
surrounding area, examination of public safety and infrastructure risks posed by potential
failure of the cutoff wall or surrounding area, and emergency response plan for identified
risks. By conducting this study, the Board of Regents does not consent to accepting liability
for the current condition or risks posed by a potential failure of the cutoff wall. By July 1,
2025, the Board of Regents must submit a report to the legislative committees with
jurisdiction over state and local government policy and finance. This appropriation is
available until June 30, 2025.
new text end
Minnesota Statutes 2022, section 5.30, subdivision 2, is amended to read:
deleted text begin Notwithstanding section 4.07,deleted text end Money in the Help America
Vote Act account deleted text begin may be spent only pursuant to direct appropriations enacted from time to
time by law. Money in the account must be spentdeleted text end new text begin is appropriated to the secretary of statenew text end
to improve new text begin the new text end administration of elections in accordance with the Help America Vote Act,
the state plan certified by the governor under the act, and for reporting and administrative
requirements under the act and plan. new text begin To the extent required by federal law, new text end money in the
account must be used in a manner that is consistent with the maintenance of effort
requirements of section 254(a)(7) of the Help America Vote Act, Public Law 107-252,
based on the level of state expenditures for the fiscal year ending June 30, 2000.
new text begin
This section is effective the day following final enactment and
applies to any balances in the Help America Vote Act account existing on or after that date.
new text end
Minnesota Statutes 2022, section 6.91, subdivision 4, is amended to read:
deleted text begin (a)deleted text end The amount necessary to fund obligations under subdivision
2 is annually appropriated from the general fund to the commissioner of revenue.
deleted text begin
(b) The sum of $6,000 in fiscal year 2011 and $2,000 in each fiscal year thereafter is
annually appropriated from the general fund to the state auditor to carry out the auditor's
responsibilities under sections 6.90 to 6.91.
deleted text end
Minnesota Statutes 2022, section 10A.31, subdivision 4, is amended to read:
(a) The amounts designated by individuals for the state elections
campaign account, less three percent, are appropriated from the general fund, must be
transferred and credited to the appropriate account in the state elections campaign account,
and are annually appropriated for distribution as set forth in subdivisions 5, 5a, 6, and 7.
The remaining three percent must be kept in the general fund for administrative costs.
(b) In addition to the amounts in paragraph (a), deleted text begin $1,020,000deleted text end new text begin $2,432,000new text end for each general
election is appropriated from the general fund for transfer to the general account of the state
elections campaign account.
new text begin
This section is effective July 1, 2025.
new text end
new text begin
Laws 2023, chapter 34, article 4, section 1, subdivision 2,
new text end
new text begin
is repealed.
new text end
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2022, section 1.135, subdivision 2, is amended to read:
The seal described in subdivision deleted text begin 3deleted text end new text begin 3anew text end is the "Great Seal of the
State of Minnesota." When the seal, the impression of the seal, the scene within the seal,
or its likeness is reproduced at state expense, it must conform to subdivision 3 and section
4.04. A seal, impression, scene, or likeness which does not conform to these provisions is
not official.
new text begin
This section is effective May 11, 2024.
new text end
Minnesota Statutes 2022, section 1.135, is amended by adding a subdivision to
read:
new text begin
The Great Seal of the State of
Minnesota is the design as certified in the report of the State Emblems Redesign Commission,
as established by this act.
new text end
new text begin
This section is effective May 11, 2024.
new text end
Minnesota Statutes 2022, section 1.135, subdivision 4, is amended to read:
Every effort shall be made to reproduce the seal with
justification to the 12 o'clock position deleted text begin and with attention to the authenticity of the illustrations
used to create the scene within the seal. The description of the scene in this section does
not preclude the graphic inclusion of the effects of movement, sunlight, or falling water
when the seal is reproduced. Nor doesdeleted text end new text begin .new text end This section new text begin does not new text end prohibit the enlargement,
proportioned reduction, or embossment of the seal for its use in unofficial acts.
new text begin
This section is effective May 11, 2024.
new text end
Minnesota Statutes 2022, section 1.135, subdivision 6, is amended to read:
State agencies and departments using the seal, its impression,
deleted text begin the scene within the sealdeleted text end or its likeness shall make every effort to bring any seal, impression,
deleted text begin scene,deleted text end or likeness currently fixed to a permanent object into accordance with this section
and section 4.04. Expendable material to which the seal new text begin in effect prior to May 11, 2024, new text end or
any impression, scene, or likenessnew text begin of that sealnew text end is currently affixed may be used until the
supply is exhaustednew text begin or until January 1, 2025, whichever occurs firstnew text end . All unused dies and
engravings of the Great Seal shall be given to the Minnesota Historical Society, along with
all historical information available about the seal, to be retained in the society's permanent
collection.
new text begin
This section is effective May 11, 2024.
new text end
Minnesota Statutes 2022, section 1.141, subdivision 1, is amended to read:
The design of the state flag deleted text begin proposed by the Legislative Interim
Commission acting under Laws 1955, chapter 632,deleted text end new text begin as certified in the report of the State
Emblems Redesign Commission, as established by this act, new text end is adopted as the official state
flag.
new text begin
This section is effective May 11, 2024.
new text end
new text begin
The Bill and Bonnie Daniels Firefighters Hall and Museum in the city of Minneapolis
is designated as the official state fire museum.
new text end
Minnesota Statutes 2022, section 3.011, is amended to read:
The legislature shall meet at the seat of government on the first Tuesday after the deleted text begin firstdeleted text end new text begin
secondnew text end Monday in January of each odd-numbered year. deleted text begin When the first Monday in January
falls on January 1, it shall meet on the first Wednesday after the first Monday.deleted text end It shall also
meet when called by the governor to meet in special session.
Minnesota Statutes 2022, section 3.012, is amended to read:
new text begin For the purposes of the Minnesota Constitution, article IV, section 12, new text end a legislative day
is a day when either house of the legislature deleted text begin is called to orderdeleted text end new text begin gives any bill a third reading,
adopts a rule of procedure or organization, elects a university regent, confirms a gubernatorial
appointment, or votes to override a gubernatorial vetonew text end . A legislative day begins at seven
o'clock a.m. and continues until seven o'clock a.m. of the following calendar day.
new text begin
This section is effective January 13, 2025, and applies to sessions
of the legislature convening on or after that date.
new text end
Minnesota Statutes 2022, section 3.099, subdivision 3, is amended to read:
The senate Committee on Rules and Administration for the senate
and the house of representatives Committee on Rules and Legislative Administration for
the house of representatives may each designate for their respective body up to deleted text begin threedeleted text end new text begin fivenew text end
leadership positions to receive up to 140 percent of the compensation of other members.
At the commencement of each biennial legislative session, each house of the legislature
shall adopt a resolution designating its majority and minority leader.
The majority leader is the person elected by the caucus of members in each house which
is its largest political affiliation. The minority leader is the person elected by the caucus
which is its second largest political affiliation.
Minnesota Statutes 2022, section 3.195, subdivision 1, is amended to read:
(a) Except as provided in subdivision 4, a report
to the legislature required of a department or agency shall be made, unless otherwise
specifically required by law, by filing deleted text begin two copiesdeleted text end new text begin one copynew text end with the Legislative Reference
Library, and by making the report available electronically to the Legislative Reference
Library. The same distribution procedure shall be followed for other reports and publications
unless otherwise requested by a legislator or the Legislative Reference Library.
(b) A public entity as defined in section 16C.073 shall not distribute a report or
publication to a member or employee of the legislature, except the Legislative Reference
Library, unless the entity has determined that the member or employee wants the reports
or publications published by that entity or the member or employee has requested the report
or publication. This prohibition applies to both mandatory and voluntary reports and
publications. A report or publication may be summarized in an executive summary and
distributed as the entity chooses. Distribution of a report to legislative committee or
commission members during a committee or commission hearing is not prohibited by this
section.
(c) A report or publication produced by a public entity may not be sent to both the home
address and the office address of a representative or senator unless mailing to both addresses
is requested by the representative or senator.
(d) Reports, publications, periodicals, and summaries under this subdivision must be
printed in a manner consistent with section 16C.073.
new text begin
As used in this section, "member expenses" means:
new text end
new text begin
(1) compensation to members of the legislature, to include salary; payroll taxes; leadership
pay; employer-paid benefits or contributions offered through the state employee group
insurance program or the Minnesota State Retirement System; and any fees related to items
identified in this clause; and
new text end
new text begin
(2) per diem and mileage costs associated with the conduct of legislative business by
members of the legislature, and housing and communication costs for members, as authorized
by the house of representatives Committee on Rules and Legislative Administration or the
senate Committee on Rules and Administration.
new text end
new text begin
(a) Sums sufficient to fund member expenses of the house
of representatives and the senate are appropriated from the general fund to the house of
representatives and senate, as applicable.
new text end
new text begin
(b) No later than June 15 of each year, the controller of the house of representatives and
the secretary of the senate must each certify to the commissioner of management and budget
the amounts to be appropriated under this section for the fiscal year beginning July 1 of the
same year.
new text end
new text begin
(c) No later than January 15 of each year, the controller of the house of representatives
and the secretary of the senate must each certify to the commissioner of management and
budget any changes to the current biennium's appropriations. Certifications provided by
January 15 of an odd-numbered year must include estimated amounts to be appropriated
for the fiscal biennium beginning the next July 1.
new text end
new text begin
(d) Amounts certified under paragraphs (b) and (c) must be the amounts determined by
a majority vote conducted during a public meeting of the house of representatives Committee
on Rules and Legislative Administration, or the senate Committee on Rules and
Administration, as applicable.
new text end
new text begin
(e) At any time between the date funds are certified under this subdivision and the last
date for adjusting the certified amount, the Legislative Advisory Commission may convene
a meeting to review and provide advice on the certified amount. At its discretion, the
committees may incorporate the advice of the Legislative Advisory Commission when
making an adjustment to the certified amount.
new text end
new text begin
(f) Sums sufficient to address emergency needs of the house of representatives, senate,
Legislative Coordinating Commission, and any other joint legislative office, council, or
commission, are appropriated from the general fund to the house of representatives, senate,
or Legislative Coordinating Commission, as applicable. Emergency needs may include but
are not limited to information technology system failures, cybersecurity incidents, and
physical infrastructure failures. The controller of the house of representatives, the secretary
of the senate, or the executive director of the Legislative Coordinating Commission must
certify to the commissioner of management and budget any amount to be appropriated under
this paragraph, as directed by the speaker of the house, majority leader of the senate, or
chair of the Legislative Coordinating Commission. To the extent practical, any amount
proposed for appropriation must be submitted to the commissioner of management and
budget for advice and comment prior to final certification. The total amount appropriated
by this paragraph in a fiscal year must not exceed $1,000,000.
new text end
new text begin
(g) In the event of a nonappropriation caused by a gubernatorial veto impacting the
house of representatives, the senate, the Legislative Coordinating Commission, or any other
joint legislative office, council, or commission, the general fund appropriation base for the
house of representatives, senate, or Legislative Coordinating Commission, plus three percent,
is appropriated in the next fiscal year from the general fund to the house of representatives,
senate, or Legislative Coordinating Commission, as applicable, for any expenses for which
an appropriation is not otherwise provided by this section.
new text end
new text begin
(h) By October 15 each year, the house of representatives, the senate, and the Legislative
Coordinating Commission must each submit a report to the commissioner of management
and budget detailing expenditures made under paragraphs (a) and (f) for the prior fiscal
year.
new text end
new text begin
Nothing in this section precludes the house of
representatives, the senate, or a joint legislative office or commission of the Legislative
Coordinating Commission from receiving a direct appropriation by law or another statutory
appropriation for a specific purpose provided in the direct or statutory appropriation. If the
house of representatives, the senate, or a joint legislative office or commission receives a
direct or statutory appropriation, the amount appropriated is distinct from and must not be
considered during the biennial appropriation certification process under this section.
new text end
new text begin
This section is effective July 1, 2025, and
applies to appropriations for fiscal years 2026 and thereafter.
new text end
Minnesota Statutes 2022, section 3.303, subdivision 6, is amended to read:
new text begin (a) new text end The commission may make
grants, employ an executive director and other staff, and obtain office space, equipment,
and supplies necessary to perform its duties.
new text begin
(b) The executive director may enter into contracts in compliance with section 3.225 to
provide necessary services and supplies for the house of representatives and the senate, and
for legislative commissions and joint legislative offices. A contract for professional or
technical services that is valued at more than $50,000 may be made only after the executive
director has consulted with the chair and vice-chair of the commission.
new text end
Minnesota Statutes 2022, section 3.855, subdivision 2, is amended to read:
deleted text begin
(a) The
commissioner of management and budget shall regularly advise the commission on the
progress of collective bargaining activities with state employees under the state Public
Employment Labor Relations Act. During negotiations, the commission may make
recommendations to the commissioner as it deems appropriate but no recommendation shall
impose any obligation or grant any right or privilege to the parties.
deleted text end
deleted text begin (b)deleted text end new text begin (a)new text end The commissionernew text begin of management and budgetnew text end shall submit to the chair of the
commission any deleted text begin negotiated collective bargaining agreements, arbitration awards,deleted text end
compensation plansdeleted text begin ,deleted text end or salaries deleted text begin for legislative approval or disapproval. Negotiated agreements
shall be submitted within five days of the date of approval by the commissioner or the date
of approval by the affected state employees, whichever occurs later. Arbitration awards
shall be submitted within five days of their receipt by the commissioner.deleted text end new text begin prepared under
section 43A.18, subdivisions 2, 3, 3b, and 4. The chancellor of the Minnesota State Colleges
and Universities shall submit any compensation plan under section 43A.18, subdivision 3a.new text end
If the commission disapproves a deleted text begin collective bargaining agreement, award,deleted text end compensation
plandeleted text begin ,deleted text end or salary, the commission shall specify in writing to the parties those portions with
which it disagrees and its reasons. If the commission approves a deleted text begin collective bargaining
agreement, award,deleted text end compensation plandeleted text begin ,deleted text end or salary, it shall submit the matter to the legislature
to be accepted or rejected under this section.
deleted text begin (c)deleted text end new text begin (b)new text end When the legislature is not in session, the commission may give interim approval
to a deleted text begin negotiated collective bargaining agreement,deleted text end salarydeleted text begin ,deleted text end new text begin ornew text end compensation plandeleted text begin , or arbitration
awarddeleted text end . deleted text begin When the legislature is not in session, failure of the commission to disapprove a
collective bargaining agreement or arbitration award within 30 days constitutes approval.deleted text end
The commission shall submit the deleted text begin negotiated collective bargaining agreements,deleted text end salariesdeleted text begin ,deleted text end new text begin andnew text end
compensation plansdeleted text begin , or arbitration awardsdeleted text end for which it has provided approval to the entire
legislature for ratification at a special legislative session called to consider them or at its
next regular legislative session as provided in this section. Approval or disapproval by the
commission is not binding on the legislature.
deleted text begin (d)deleted text end new text begin (c)new text end When the legislature is not in session, the proposed deleted text begin collective bargaining
agreement, arbitration decision,deleted text end salarydeleted text begin ,deleted text end or compensation plan must be implemented upon
its approval by the commission, and state employees covered by the proposed deleted text begin agreement
or arbitration decisiondeleted text end new text begin plan or salarynew text end do not have the right to strike while the interim approval
is in effect. deleted text begin Wages and economic fringe benefit increases provided for in the agreement or
arbitration decision paid in accordance with the interim approval by the commission are
not affected, but the wages or benefit increases must cease to be paid or provided effective
upon the rejection of the agreement, arbitration decision, salary, or compensation plan, or
upon adjournment of the legislature without acting on it.
deleted text end
Minnesota Statutes 2022, section 3.855, subdivision 3, is amended to read:
The commission shall deleted text begin alsodeleted text end :
(1) review and approvedeleted text begin ,deleted text end new text begin ornew text end rejectdeleted text begin , or modifydeleted text end a plan for compensation and terms and
conditions of employment prepared and submitted by the commissioner of management
and budget under section 43A.18, subdivision 2, covering all state employees who are not
represented by an exclusive bargaining representative and whose compensation is not
provided for by chapter 43A or other law;
(2) review and approvedeleted text begin ,deleted text end new text begin ornew text end rejectdeleted text begin , or modifydeleted text end a plan for total compensation and terms and
conditions of employment for employees in positions identified as being managerial under
section 43A.18, subdivision 3, whose salaries and benefits are not otherwise provided for
in law or other plans established under chapter 43A;
deleted text begin
(3) review and approve, reject, or modify recommendations for salaries submitted by
the governor or other appointing authority under section 15A.0815, subdivision 5, covering
agency head positions listed in section 15A.0815;
deleted text end
deleted text begin (4)deleted text end new text begin (3)new text end review and approvedeleted text begin ,deleted text end new text begin ornew text end rejectdeleted text begin , or modifydeleted text end recommendations for salary range of
officials of higher education systems under section 15A.081, subdivision 7c;
deleted text begin (5)deleted text end new text begin (4)new text end review and approvedeleted text begin ,deleted text end new text begin ornew text end rejectdeleted text begin , or modifydeleted text end plans for compensation, terms, and
conditions of employment proposed under section 43A.18, subdivisions 3a, 3b, and 4; and
deleted text begin (6)deleted text end new text begin (5)new text end review and approvedeleted text begin ,deleted text end new text begin ornew text end rejectdeleted text begin , or modifydeleted text end the plan for compensation, terms, and
conditions of employment of classified employees in the office of the legislative auditor
under section 3.971, subdivision 2.
Minnesota Statutes 2022, section 3.855, subdivision 5, is amended to read:
The commissioner of management and budget must
submit to the Legislative Coordinating Commission the following information with the
submission of a deleted text begin collective bargaining agreement ordeleted text end compensation plan under deleted text begin subdivisionsdeleted text end
new text begin subdivision new text end 2 deleted text begin and 3deleted text end :
(1) for each agency and for each proposed deleted text begin agreement ordeleted text end plan, a comparison of biennial
compensation costs under the current deleted text begin agreement ordeleted text end plan to the projected biennial
compensation costs under the proposed deleted text begin agreement ordeleted text end plan, paid with funds appropriated
from the general fund;
(2) for each agency and for each proposed deleted text begin agreement ordeleted text end plan, a comparison of biennial
compensation costs under the current deleted text begin agreement ordeleted text end plan to the projected biennial
compensation costs under the proposed deleted text begin agreement ordeleted text end plan, paid with funds appropriated
from each fund other than the general fund;
(3) for each agency and for each proposed deleted text begin agreement ordeleted text end plan, an identification of the
amount of the additional biennial compensation costs that are attributable to salary and
wages and to the cost of nonsalary and nonwage benefits; and
(4) for each agency, for clauses (1) to (3), the impact of the aggregate of all deleted text begin agreements
anddeleted text end plans being submitted to the commission.
Minnesota Statutes 2022, section 3.855, is amended by adding a subdivision to
read:
new text begin
Within 14 days after the implementation of a
collective bargaining agreement, memorandum of understanding, or receipt of an arbitration
award, the commissioner of management and budget must submit to the Legislative
Coordinating Commission the following:
new text end
new text begin
(1) a copy of the collective bargaining agreement showing changes from previous
agreements and a copy of the executed agreement;
new text end
new text begin
(2) a copy of any memorandum of understanding that has a fiscal impact, interest, or
arbitration award;
new text end
new text begin
(3) a comparison of biennial compensation costs under the current agreement to the
projected biennial compensation costs under the new agreement, memorandum of
understanding, interest, or arbitration award; and
new text end
new text begin
(4) a comparison of biennial compensation costs under the current agreement to the
projected biennial compensation costs for the following biennium under the new agreement,
memorandum of understanding, interest, or arbitration award.
new text end
Minnesota Statutes 2022, section 3.888, is amended by adding a subdivision to
read:
new text begin
(a) For purposes of this section, the following term has the meaning
given.
new text end
new text begin
(b) "Security records" means data, documents, recordings, or similar that:
new text end
new text begin
(1) were originally collected, created, received, maintained, or disseminated by a member
of the commission during a closed meeting or a closed portion of a meeting; and
new text end
new text begin
(2) are security information as defined by section 13.37, subdivision 1, or otherwise
pertain to cybersecurity briefings and reports; issues related to cybersecurity systems; or
deficiencies in or recommendations regarding cybersecurity services, infrastructure, and
facilities, if disclosure of the records would pose a danger to or compromise cybersecurity
infrastructure, facilities, procedures, or responses.
new text end
Minnesota Statutes 2022, section 3.888, subdivision 5, is amended to read:
The commission must meet at least three times per calendar year.
The meetings of the commission are subject to section 3.055, except that the commission
may close a meeting when necessary to safeguard the state's cybersecurity. deleted text begin The minutes,
recordings, and documents from a closed meeting under this subdivisiondeleted text end new text begin Security records
new text end shall be maintained by the Legislative Coordinating Commission and shall not be made
available to the public until new text begin at least new text end eight years new text begin but no more than 20 years new text end after the date of
the new text begin closed new text end meeting.
Minnesota Statutes 2022, section 3.888, is amended by adding a subdivision to
read:
new text begin
The commission must adopt procedures for
conducting closed meetings before the commission's first closed meeting. At a minimum,
the procedures must include:
new text end
new text begin
(1) a requirement to provide notice to the public, when practicable, before each closed
meeting of the commission's intent and authority to hold a closed meeting or to hold a closed
session during an otherwise open meeting;
new text end
new text begin
(2) a requirement that the commission minimize the number of people present at a closed
meeting to those necessary to conduct the meeting;
new text end
new text begin
(3) a requirement that votes shall not be taken during a closed meeting or a closed portion
of a meeting pursuant to this section;
new text end
new text begin
(4) steps the commission must take if a commission member is alleged to have violated
the confidentiality of a closed meeting; and
new text end
new text begin
(5) guidance for the Legislative Coordinating Commission for the public release of
security records following the eight-year record requirement in subdivision 5. The meetings
of the Legislative Coordinating Commission under this subdivision are exempt from section
3.055 when necessary to safeguard the confidentiality of security records.
new text end
Minnesota Statutes 2022, section 3.888, is amended by adding a subdivision to
read:
new text begin
Notwithstanding
any law to the contrary, if a complaint alleging a member violated the confidentiality of a
closed meeting is brought to a legislative committee with jurisdiction over ethical conduct,
the committee with jurisdiction over ethical conduct must preserve the confidentiality of
the closed meeting at issue.
new text end
Minnesota Statutes 2022, section 3.97, subdivision 2, is amended to read:
The Legislative Audit
Commission consists of:
(1) three members of the senate appointed by the deleted text begin Subcommittee on Committees of the
Committee on Rules and Administration of thedeleted text end senatenew text begin majority leadernew text end ;
(2) three members of the senate appointed by the senate minority leader;
(3) three members of the house of representatives appointed by the speaker of the house;
and
(4) three members of the house of representatives appointed by the house of
representatives minority leader.
Members shall serve until replaced, or until they are not members of the legislative body
from which they were appointed. Appointing authorities shall fill vacancies on the
commission within 30 days of a vacancy being created.
The commission shall meet in January of each odd-numbered year to elect its chair and
vice-chair. They shall serve until successors are elected. The chair and vice-chair shall
alternate biennially between the senate and the house of representativesnew text begin , and shall be of
different political partiesnew text end . The commission shall meet at the call of the chair. The members
shall serve without compensation but be reimbursed for their reasonable expenses as members
of the legislature. The commission may exercise the powers prescribed by section 3.153.
Minnesota Statutes 2022, section 3.972, subdivision 3, is amended to read:
deleted text begin Notwithstanding any other law,deleted text end A state department, board,
commission, or other state agency deleted text begin shall not negotiate a contractdeleted text end new text begin contractingnew text end with a public
accountant for an audit, except a contract negotiated by the state auditor for an audit of a
local government, deleted text begin unless the contract has been reviewed by the legislative auditor. The
legislative auditor shall not participate in the selection of the public accountant but shall
review and submit written comments on the proposed contract within seven days of its
receipt. Upon completion of the audit, the legislative auditor shall be givendeleted text end new text begin must provide
the legislative auditor withnew text end a copy of the final reportnew text begin of the audit upon completion of the
auditnew text end .
Minnesota Statutes 2022, section 3.978, subdivision 2, is amended to read:
All public
officials and their deputies and employees, and all corporations, firms, and individuals
having business involving the receipt, disbursement, or custody of public funds shall at all
timesnew text begin : (1)new text end afford reasonable facilities for examinations by the legislative auditordeleted text begin , makedeleted text end new text begin ; (2)
providenew text end returns and reports required by the legislative auditordeleted text begin ,deleted text end new text begin ; (3)new text end attend and answer under
oath the legislative auditor's lawful inquiriesdeleted text begin ,deleted text end new text begin ; (4)new text end produce and exhibit all books, accounts,
documents, data of any classification, and property that the legislative auditor requests to
inspectdeleted text begin ,deleted text end new text begin ;new text end and new text begin (5) new text end in all things cooperate with the legislative auditor.
Minnesota Statutes 2022, section 3.979, subdivision 2, is amended to read:
Members of the commission have
access to new text begin not public new text end data that is collected or used by the legislative auditor deleted text begin and classified as
not public or as private or confidentialdeleted text end only as authorized by resolution of the commission.
The commission may not authorize its members to have access to private or confidential
data on individuals collected or used in connection with the collection of any tax.
Minnesota Statutes 2022, section 3.979, subdivision 3, is amended to read:
(a) "Audit" as used in this subdivision means a financial audit,
program evaluation, special review, deleted text begin ordeleted text end investigationnew text begin , or assessment of an allegation or report
submitted to the legislative auditornew text end .
new text begin (b) Notwithstanding any other law, new text end data relating to an audit are deleted text begin not public or with respect
to data on individuals aredeleted text end confidential new text begin or protected nonpublic new text end until the final report of the
audit has been released by the legislative auditor or the audit is no longer being actively
pursued. Upon release of a final audit report by the legislative auditor, data relating to an
audit are public except data otherwise classified as not public.
new text begin
(c) Unless the data are subject to a more restrictive classification by another law, upon
the legislative auditor's decision to no longer actively pursue an audit without the release
of a final audit report, data relating to an audit are private or nonpublic except for data: (1)
relating to the audit's existence, status, and disposition; and (2) that document the work of
the legislative auditor. For any such audit, data identifying individuals or nongovernmental
entities are private or nonpublic.
new text end
deleted text begin (b)deleted text end new text begin (d)new text end Data related to an audit but not published in the audit report and that the legislative
auditor reasonably believes will be used in litigation deleted text begin are not public and with respect to data
on individualsdeleted text end are confidential new text begin or protected nonpublic new text end until the litigation has been completed
or is no longer being actively pursued.
deleted text begin (c)deleted text end new text begin (e)new text end Data that could reasonably be used to determine the identity of an individualnew text begin or
entitynew text end supplying data for an audit are private new text begin or nonpublic new text end if the data supplied deleted text begin by the
individualdeleted text end were needed for an audit and deleted text begin the individualdeleted text end would not havenew text begin beennew text end provided deleted text begin the
datadeleted text end to the legislative auditor without an assurance that the deleted text begin individual'sdeleted text end identity new text begin of the
individual or entity new text end would remain privatenew text begin or nonpublicnew text end , or the legislative auditor reasonably
believes that the deleted text begin subjectdeleted text end new text begin data new text end would not have new text begin been new text end provided deleted text begin the datadeleted text end .
deleted text begin (d) The definitions of terms provided in section 13.02 apply for purposes of this
subdivisiondeleted text end new text begin (f) Data related to an audit that were obtained from a nongovernmental entity
have the classification that the data would have if obtained from the governmental entity
for which the data were created, collected, or maintained by the nongovernmental entitynew text end .
new text begin
(g) The legislative auditor may disseminate data of any classification to:
new text end
new text begin
(1) a governmental entity, other than a law enforcement agency or prosecuting authority,
if the dissemination of the data aids a pending audit; or
new text end
new text begin
(2) a law enforcement agency or prosecuting authority if there is reason to believe that
the data are evidence of criminal activity within the agency's or authority's jurisdiction.
new text end
new text begin
(h) Notwithstanding the classification of data as confidential or protected nonpublic, an
individual or entity who supplies information for an audit may authorize the legislative
auditor to release data that would identify the individual or entity for the purpose of
conducting the audit. Data disseminated pursuant to this paragraph are subject to section
13.03, subdivision 4, paragraph (c).
new text end
Minnesota Statutes 2022, section 3.979, is amended by adding a subdivision to
read:
new text begin
The definitions of terms provided in section 13.02 apply for
purposes of this section.
new text end
Minnesota Statutes 2022, section 4.045, is amended to read:
The Children's Cabinet shall consist of the commissioners of education, human services,
employment and economic development, public safety, corrections, management and budget,
health, administration, Housing Finance Agency, and transportationdeleted text begin , and the director of the
Office of Strategic and Long-Range Planningdeleted text end . The governor shall designate one member
to serve as cabinet chair. The chair is responsible for ensuring that the duties of the Children's
Cabinet are performed.
new text begin
The consumer litigation account is established in the
special revenue fund in the state treasury.
new text end
new text begin
The attorney general may authorize
disbursements from the consumer litigation account for the following purposes related to
multistate consumer litigation:
new text end
new text begin
(1) payment of the costs of litigation, investigation, administration, or settlement of any
matter related to the duties and authorities provided by this chapter, federal law, or common
law as it pertains to consumer litigation;
new text end
new text begin
(2) cost-share payments subject to agreements entered into with other states, governmental
entities, law enforcement agencies, or federal agencies in furtherance of litigation,
investigation, administration, or settlement of any matter that pertains to consumer litigation;
new text end
new text begin
(3) retention of expert witnesses, professional or technical services, consultants,
specialists, mediators, or necessary services related to litigation, investigation, administration,
or settlement of any matter that pertains to consumer litigation; and
new text end
new text begin
(4) document review, issue coding, electronic data hosting, or discovery-related costs,
including reasonable costs for services incurred by a state agency if related to litigation or
an investigation pertaining to consumer litigation in which the state is a party and the attorney
general determines it is beneficial to the state to authorize such payments.
new text end
new text begin
The attorney general shall report annually by October 15 to the
chairs and ranking minority members of the committees in the senate and the house of
representatives with jurisdiction over state government finance on activities funded through
money disbursed from the consumer litigation account during the prior fiscal year. The
report must include an accounting of the starting balance and ending balance of the consumer
litigation account for the relevant reporting period and a summary description of all
disbursements from the account, along with the purpose of any disbursements.
new text end
new text begin
This section is effective July 1, 2023.
new text end
Minnesota Statutes 2022, section 9.031, subdivision 3, is amended to read:
(a) In lieu of the corporate bond required in subdivision 2, a
depository may deposit with the commissioner of management and budget collateral to
secure state funds that are to be deposited with it. The Executive Council must approve the
collateral.
(b) The Executive Council shall not approve any collateral except:
deleted text begin
(1) bonds and certificates of indebtedness, other than bonds secured by real estate, that
are legal investments for savings banks under any law of the state; and
deleted text end
deleted text begin
(2) bonds of any insular possession of the United States, of any state, or of any agency
of this state, the payment of the principal and interest of which is provided for by other than
direct taxation.
deleted text end
new text begin
(1) United States government treasury bills, treasury notes, and treasury bonds;
new text end
new text begin
(2) issues of United States government agencies and instrumentalities, as quoted by a
recognized industry quotation service available to the state;
new text end
new text begin
(3) general obligation securities of any state other than the state and its agencies or local
government with taxing powers that is rated "A" or better by a national bond rating service,
or revenue obligation securities of any state other than the state and its agencies or local
government with taxing powers that is rated "AA" or better by a national bond rating service;
new text end
new text begin
(4) irrevocable standby letters of credit issued by Federal Home Loan Banks to the state
accompanied by written evidence that the bank's public debt is rated "AA" or better by
Moody's Investors Service, Inc., or Standard & Poor's Corporation; and
new text end
new text begin
(5) time deposits that are fully insured by any federal agency.
new text end
(c) The collateral deposited shall be accompanied by an assignment thereof to the state,
which assignment shall recite that:
(1) the depository will pay all the state funds deposited with it to the commissioner of
management and budget, free of exchange or other charge, at any place in this state
designated by the commissioner of management and budget; if the deposit is a time deposit
it shall be paid, together with interest, only when due; and
(2) in case of default by the depository the state may sell the collateral, or as much of it
as is necessary to realize the full amount due from the depository, and pay any surplus to
the depository or its assigns.
(d) Upon the direction of the Executive Council, the commissioner of management and
budget, on behalf of the state, may reassign in writing to the depository any registered
collateral pledged to the state by assignment thereon.
(e) A depository may deposit collateral of less value than the total designation and may,
at any time during the period of its designation, deposit additional collateral, withdraw
excess collateral, and substitute other collateral for all or part of that on deposit. Approval
of the Executive Council is not necessary for the withdrawal of excess collateral.
(f) If the depository is not in default the commissioner of management and budget shall
pay the interest collected on the deposited collateral to the depository.
new text begin
(g) In lieu of depositing collateral with the commissioner of management and budget,
collateral may also be placed in safekeeping in a restricted account at a Federal Reserve
bank, or in an account at a trust department of a commercial bank or other financial institution
that is not owned or controlled by the financial institution furnishing the collateral. The
selection shall be approved by the commissioner.
new text end
Minnesota Statutes 2022, section 10.44, is amended to read:
new text begin Except as provided in section 3.1985, new text end the budgets of the house of representatives, senate,
constitutional officers, district courts, court of appeals, and supreme court must be submitted
to and considered by the appropriate committees of the legislature in the same manner as
the budgets of executive agencies.
new text begin
This section is effective July 1, 2025, and applies to budgets
proposed for fiscal years 2026 and thereafter.
new text end
Minnesota Statutes 2022, section 10.45, is amended to read:
The budgets of the deleted text begin house of representatives, the senate,deleted text end new text begin Legislative Coordinating
Commission and new text end each constitutional officer, the district courts, court of appeals, and supreme
court shall be public information and shall be divided into expense categories. new text begin The budgets
of the house of representatives and the senate shall be public information and shall be
separated by appropriation categories identified in section 3.1985 and direct appropriation
expense categories. new text end The categories shall include, among others,new text begin payroll,new text end travelnew text begin ,new text end and telephone
expenses.
new text begin
This section is effective July 1, 2025, and applies to budgets
adopted for fiscal years 2026 and thereafter.
new text end
Minnesota Statutes 2022, section 10.5805, is amended to read:
new text begin (a) new text end May 14 of each year is designated as Hmong Special Guerrilla Units Remembrance
Day in honor of Southeast Asians, Americans, and their allies who served, suffered,
sacrificed, or died in the Secret War in Laos during the Vietnam War in the years 1961 to
1975 in support of the armed forces of the United States, and in recognition of the
significance of May 14, 1975, the last day that the overall American-trained Hmong command
structure over the Special Guerrilla Units in Laos was operational. At least 35,000 Hmong
Special Guerrilla soldiers lost their lives protecting trapped, lost, or captured American
soldiers and pilots in Laos and Vietnam. One-half of the Hmong population in Laos perished
as a result of the American Secret War in Laos. Ethnic Hmong men, women, and children
in Laos faced persecution and forced reeducation in seminar camps after their American
support ended. Despite the tremendous cost and sacrifices in the war, the Hmong remain
proud to stand by the values of freedom and justice that America symbolizes. Those who
survived escaped to western countries to start a new life. Each year, the governor shall issue
a proclamation honoring the observance.
new text begin
(b) Schools are encouraged to offer instruction about Hmong history or read the passage
under paragraph (a) to students in honor of this day on May 14 or, if May 14 falls on a
Saturday or Sunday, on the Friday preceding May 14.
new text end
new text begin
(c) Businesses may close in honor of this day and an employee may request the day off
in observance.
new text end
new text begin
(d) The governor shall order the United States and the Minnesota flags flown on the
grounds of the Capitol Area to be flown at half-staff on May 14. Local governments, private
businesses, and public and private schools are encouraged to fly United States and Minnesota
flags at half-staff on May 14.
new text end
Minnesota Statutes 2022, 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 datanew text begin about
themselvesnew text end .
new text begin (b)new text end To exercise this right, an individual shall notify in writing the responsible authoritynew text begin
of the government entity that maintains the data,new text end describing the nature of the disagreement.
new text begin (c) Upon receiving notification from the data subject,new text end the responsible authority shall
within 30 days either:
(1) correct the data found to be inaccurate or incomplete and attempt to notify past
recipients of inaccurate or incomplete data, including recipients named by the individual;
or
(2) notify the individual that the new text begin responsible new text end authority deleted text begin believesdeleted text end new text begin has determinednew text end the data
to be correct.new text begin If the challenged data are determined to be accurate or complete, the responsible
authority shall inform the individual of the right to appeal the determination to the
commissioner as specified under paragraph (d).new text end Data in dispute shall be disclosed only if
the individual's statement of disagreement is included with the disclosed data.
new text begin (d) A data subject may appeal new text end the determination of the responsible authority deleted text begin may be
appealeddeleted text end pursuant to the provisions of the Administrative Procedure Act relating to contested
cases. new text begin An individual must submit an appeal to the commissioner within 60 days of the
responsible authority's notice of the right to appeal or as otherwise provided by the rules of
the commissioner. new text end Upon receipt of an appeal by an individual, the commissioner shall,
before issuing the order and notice of a contested case hearing required by chapter 14, try
to resolve the dispute through education, conference, conciliation, or persuasion. If the
parties consent, the commissioner may refer the matter to mediation. Following these efforts,
the commissioner shall dismiss the appeal or issue the order and notice of hearing.
new text begin
(e) The commissioner may dismiss an appeal without first attempting to resolve the
dispute or before issuing an order and notice of a contested case hearing if:
new text end
new text begin
(1) the appeal to the commissioner is not timely;
new text end
new text begin
(2) the appeal concerns data previously presented as evidence in a court proceeding in
which the data subject was a party; or
new text end
new text begin
(3) the individual making the appeal is not the subject of the data challenged as inaccurate
or incomplete.
new text end
deleted text begin (b)deleted text end new text begin (f)new text end Data on individuals that have been successfully challenged by an individual must
be completed, corrected, or destroyed by a government entity without regard to the
requirements of section 138.17.
new text begin (g) new text end After completing, correcting, or destroying successfully challenged data, a government
entity may retain a copy of the commissioner of administration's order issued under chapter
14 or, if no order were issued, a summary of the dispute between the parties that does not
contain any particulars of the successfully challenged data.
new text begin
(a) The Council on LGBTQIA2S+
Minnesotans is established. The council consists of 16 voting members.
new text end
new text begin
(b) The governor shall appoint a total of 12 public voting members. The governor may
additionally appoint a commissioner of a state agency or a designee of the commissioner
to serve as an ex-officio, nonvoting member of the council.
new text end
new text begin
(c) Four legislators shall be appointed to the council. The speaker of the house and the
minority leader of the house of representatives shall each appoint one member of the house
of representatives to the council. The senate Subcommittee on Committees of the Committee
on Rules and Administration shall appoint one member of the senate majority caucus and
one member of the senate minority caucus.
new text end
new text begin
(a) In making appointments to the council,
the governor shall consider an appointee's proven dedication and commitment to Minnesota's
LGBTQIA2S+ community and any expertise possessed by the appointee that might be
beneficial to the council, such as experience in public policy, legal affairs, social work,
business, or management. The executive director and legislative members may offer advice
to the governor on applicants seeking appointment.
new text end
new text begin
(b) Terms, compensation, and filling of vacancies for members appointed by the governor
are as provided in section 15.059. Removal of members appointed by the governor is
governed by section 15.059, except that: (1) a member who misses more than half of the
council meetings convened during a 12-month period is automatically removed from the
council; and (2) a member appointed by the governor may be removed by a vote of three
of the four legislative members of the council. The chair of the council shall inform the
governor of the need for the governor to fill a vacancy on the council. Legislative members
serve at the pleasure of their appointing authority.
new text end
new text begin
(c) A member appointed by the governor may serve no more than a total of eight years
on the council. A legislator may serve no more than eight consecutive years or 12
nonconsecutive years on the council.
new text end
new text begin
(a) A member appointed
by the governor must attend orientation training within the first six months of service for
the member's initial term. The commissioner of administration must arrange for the training
to include but not be limited to the legislative process, government data practices, ethics,
conflicts of interest, Open Meeting Law, Robert's Rules of Order, fiscal management, and
human resources. The governor must remove a member who does not complete the training.
new text end
new text begin
(b) The council shall annually elect from among the members appointed by the governor
a chair and other officers the council deems necessary. These officers and one legislative
member selected by the council shall serve as the executive committee of the council.
new text end
new text begin
(c) Forty percent of voting members of the council constitutes a quorum. A quorum is
required to conduct council business. A council member may not vote on any action if the
member has a conflict of interest under section 10A.07.
new text end
new text begin
(d) The council shall receive administrative support from the commissioner of
administration under section 16B.371. The council may contract in its own name but may
not accept or receive a loan or incur indebtedness except as otherwise provided by law.
Contracts must be approved by a majority of the members of the council and executed by
the chair and the executive director. The council may apply for, receive, and expend in its
own name grants and gifts of money consistent with the powers and duties specified in this
section.
new text end
new text begin
(e) The attorney general shall provide legal services to the council on behalf of the state
on all matters relating to the council, including matters relating to the state as the employer
of the executive director of the council and other council staff.
new text end
new text begin
(a) The Legislative Coordinating Commission must
appoint an executive director for the council. The executive director must be experienced
in administrative activities and familiar with the challenges and needs of Minnesota's
LGBTQIA2S+ community of people who identify as lesbian, gay, bisexual, transgender,
gender expansive, queer, intersex, asexual, or two-spirit. The executive director serves in
the unclassified service at the pleasure of the Legislative Coordinating Commission.
new text end
new text begin
(b) The Legislative Coordinating Commission must establish a process for recruiting
and selecting applicants for the executive director position. This process must include
consultation and collaboration with the council.
new text end
new text begin
(c) The executive director and council members must work together in fulfilling council
duties. The executive director must consult with the commissioner of administration to
ensure appropriate financial, purchasing, human resources, and other services for operation
of the council.
new text end
new text begin
(d) Once appointed, the council is responsible for supervising the work of the executive
director. The council chair must report to the chair of the Legislative Coordinating
Commission regarding the performance of the executive director, including recommendations
regarding any disciplinary actions. The executive director must appoint and supervise the
work of other staff necessary to carry out the duties of the council. The executive director
must consult with the council chair prior to taking the following disciplinary actions with
council staff: written reprimand, suspension, demotion, or discharge. The executive director
and other council staff are executive branch employees.
new text end
new text begin
(e) The executive director must submit the council's biennial budget request to the
commissioner of management and budget as provided under chapter 16A.
new text end
new text begin
(a) The council must work for the implementation of
economic, social, legal, and political equality for Minnesota's community of people who
identify as lesbian, gay, bisexual, transgender, gender expansive, queer, intersex, asexual,
or two-spirit. The council shall work with the legislature and governor to carry out this work
by performing the duties in this section.
new text end
new text begin
(b) The council shall advise the governor and the legislature on issues confronting the
LGBTQIA2S+ community. This may include but is not limited to presenting the results of
surveys, studies, and community forums to the appropriate executive departments and
legislative committees.
new text end
new text begin
(c) The council shall advise the governor and the legislature of administrative and
legislative changes needed to improve the economic and social condition of Minnesota's
LGBTQIA2S+ community. This may include but is not limited to working with legislators
to develop legislation to address issues and to work for passage of legislation. This may
also include making recommendations regarding the state's affirmative action program and
the state's targeted group small business program or working with state agencies and
organizations to develop business opportunities and promote economic development for
the LGBTQIA2S+ community.
new text end
new text begin
(d) The council shall advise the governor and the legislature of the implications and
effect of proposed administrative and legislative changes on the constituency of the council.
This may include but is not limited to tracking legislation, testifying as appropriate, and
meeting with executive departments and legislators.
new text end
new text begin
(e) The council shall serve as a liaison between state government and organizations that
serve Minnesota's LGBTQIA2S+ community. This may include but is not limited to working
with these organizations to carry out the duties in paragraphs (a) to (d) and working with
these organizations to develop informational programs or publications to involve and
empower the community in seeking improvement in their economic and social conditions.
new text end
new text begin
(f) The council shall perform or contract for the performance of studies designed to
suggest solutions to the problems of Minnesota's LGBTQIA2S+ community in the areas of
education, employment, human rights, health, housing, social welfare, and other related
areas.
new text end
new text begin
(g) In carrying out duties under this subdivision, the council may act to advise on issues
that affect the shared constituencies with the councils established in section 15.0145.
new text end
new text begin
A council member shall:
new text end
new text begin
(1) attend and participate in scheduled meetings and be prepared by reviewing meeting
notes;
new text end
new text begin
(2) maintain and build communication with Minnesota's LGBTQIA2S+ community;
new text end
new text begin
(3) collaborate with the council and executive director in carrying out the council's duties;
and
new text end
new text begin
(4) participate in activities the council or executive director deem appropriate and
necessary to facilitate the goals and duties of the council.
new text end
new text begin
The council must report on the measurable outcomes achieved in the
council's current strategic plan to meet its statutory duties, along with the specific objectives
and outcome measures proposed for the following year. The council must submit the report
by January 15 each year to the chairs and ranking minority members of the legislative
committees with primary jurisdiction over state government operations. Each report must
cover the calendar year of the year before the report is submitted. The specific objectives
and outcome measures for the following current year must focus on three or four achievable
objectives, action steps, and measurable outcomes for which the council will be held
accountable. The strategic plan may include other items that support the statutory purposes
of the council but should not distract from the primary statutory proposals presented. The
biennial budget of the council must be submitted to the Legislative Coordinating Commission
by February 1 in each odd-numbered year.
new text end
Minnesota Statutes 2022, section 15.0395, is amended to read:
(a) By October 15, 2018, and annually thereafter, the head of each agency must provide
reports to the chairs and ranking minority members of the legislative committees with
jurisdiction over the department or agency's budget on:
(1)new text begin eachnew text end interagency deleted text begin agreementsdeleted text end new text begin agreementnew text end or service-level deleted text begin agreements anddeleted text end new text begin agreement,
includingnew text end any deleted text begin renewalsdeleted text end new text begin renewalnew text end or deleted text begin extensionsdeleted text end new text begin extensionnew text end ofnew text begin annew text end existing interagency or
service-level deleted text begin agreementsdeleted text end new text begin agreementnew text end with another agency if the cumulative value of those
agreementsnew text begin between two agenciesnew text end is more than $100,000 in the previous fiscal year; and
(2) transfers of appropriations between accounts within or between agencies, if the
cumulative value of the transfers is more than $100,000 in the previous fiscal year.
The report must include the statutory citation authorizing the agreement, transfer or dollar
amount, purpose, deleted text begin anddeleted text end new text begin thenew text end effective date of the agreement,new text begin andnew text end the duration of the agreementdeleted text begin ,
and a copy of the agreementdeleted text end .new text begin Interagency agreements and service-level agreements that
authorize enterprise central services and transfers specifically required by statute or session
law are not required to be reported under this section.
new text end
(b) As used in this section, "agency" includes the departments of the state listed in section
15.01, a multimember state agency in the executive branch described in section 15.012,
paragraph (a), the Department of Information Technology Services, and the Office of Higher
Education.
Minnesota Statutes 2022, section 15.066, is amended by adding a subdivision to
read:
new text begin
(a) For appointments that require confirmation
by only the senate, if the senate does not reject an appointment within 60 legislative days
of the day of receipt of the letter of appointment by the president of the senate, the senate
has consented to the appointment.
new text end
new text begin
(b) For appointments that require confirmation by both the senate and the house of
representatives, if neither the senate nor the house of representatives has rejected an
appointment within 60 legislative days of the later of the day of receipt of the letter of
appointment by the president of the senate or the day of receipt of the letter of appointment
by the speaker of the house of representatives, the house of representatives and senate have
consented to the appointment.
new text end
new text begin
(c) This section does not apply to appointments to the Campaign Finance and Public
Disclosure Board under section 10A.02.
new text end
new text begin
This section is effective January 1, 2027.
new text end
Minnesota Statutes 2022, section 15A.0815, subdivision 1, is amended to read:
The deleted text begin governor or otherdeleted text end appropriate appointing authority
shall set the salary rates for positions listed in this section deleted text begin within the salary limits listed in
subdivisions 2 to 4. The governor's or other appointing authority's action is subject to
approval of the Legislative Coordinating Commission and the legislature as provided by
subdivision 5 and section 3.855deleted text end new text begin based upon the salaries prescribed by the Compensation
Council established under section 15A.082new text end .
new text begin
This section is effective the day following final enactment and
applies to salary rates adopted by the council for fiscal year 2024 and thereafter.
new text end
Minnesota Statutes 2022, section 15A.0815, subdivision 2, is amended to read:
The salary for a position listed
in this subdivision shall deleted text begin not exceed 133 percent of the salary of the governor. This limit
must be adjusted annually on January 1. The new limit must equal the limit for the prior
year increased by the percentage increase, if any, in the Consumer Price Index for all urban
consumers from October of the second prior year to October of the immediately prior yeardeleted text end new text begin
be determined by the Compensation Council under section 15A.082new text end . The commissioner of
management and budget must publish the deleted text begin limitdeleted text end new text begin salariesnew text end on the department's website. This
subdivision applies to the following positions:
Commissioner of administration;
Commissioner of agriculture;
Commissioner of education;
Commissioner of commerce;
Commissioner of corrections;
Commissioner of health;
Commissioner, Minnesota Office of Higher Education;
new text begin
Commissioner, Minnesota IT Services;
new text end
Commissioner, Housing Finance Agency;
Commissioner of human rights;
Commissioner of human services;
Commissioner of labor and industry;
Commissioner of management and budget;
Commissioner of natural resources;
Commissioner, Pollution Control Agency;
Commissioner of public safety;
Commissioner of revenue;
Commissioner of employment and economic development;
Commissioner of transportation; deleted text begin and
deleted text end
Commissioner of veterans affairsdeleted text begin .deleted text end new text begin ;
new text end
new text begin
Executive director of the Gambling Control Board;
new text end
new text begin
Executive director of the Minnesota State Lottery;
new text end
new text begin
Commissioner of Iron Range resources and rehabilitation;
new text end
new text begin
Commissioner, Bureau of Mediation Services;
new text end
new text begin
Ombudsman for mental health and developmental disabilities;
new text end
new text begin
Ombudsperson for corrections;
new text end
new text begin
Chair, Metropolitan Council;
new text end
new text begin
Chair, Metropolitan Airports Commission;
new text end
new text begin
School trust lands director;
new text end
new text begin
Executive director of pari-mutuel racing; and
new text end
new text begin
Commissioner, Public Utilities Commission.
new text end
new text begin
This section is effective the day following final enactment and
applies to salary rates adopted by the council for fiscal year 2024 and thereafter.
new text end
Minnesota Statutes 2022, section 15A.082, subdivision 1, is amended to read:
A Compensation Council is created each odd-numbered year
to deleted text begin assist the legislature in establishingdeleted text end new text begin establishnew text end the compensation of constitutional officers
new text begin and the heads of state and metropolitan agencies identified in section 15A.0815new text end , new text begin and to
assist the legislature in establishing the compensation ofnew text end justices of the supreme courtdeleted text begin ,deleted text end new text begin andnew text end
judges of the court of appeals and district courtdeleted text begin , and the headsdeleted text end new text begin .new text end deleted text begin of state and metropolitan
agencies included in section deleted text end deleted text begin .
deleted text end
new text begin
This section is effective the day following final enactment and
applies to salary rates adopted by the council for fiscal year 2024 and thereafter.
new text end
Minnesota Statutes 2022, section 15A.082, subdivision 2, is amended to read:
new text begin (a) new text end The Compensation Council consists of deleted text begin 16deleted text end new text begin the followingnew text end
members: eight nonjudges appointed by the chief justice of the supreme court, of whom no
more than four may belong to the same political party; and one member from each
congressional district appointed by the governor, of whom no more than four may belong
to the same political party. new text begin The speaker and minority leader of the house of representatives
must each appoint two members. The majority leader and minority leader of the senate must
each appoint two members. new text end Appointments must be made after the first Monday in January
and before January 15. The compensation and removal of members deleted text begin appointed by the governor
or the chief justicedeleted text end shall be as provided in section 15.059, subdivisions 3 and 4. new text begin Members
continue to serve until new members are appointed. Members appointed by the governor
may not vote on the salary of the governor. new text end The Legislative Coordinating Commission shall
provide the council with administrative and support services.new text begin The commissioner of
management and budget must provide analytical and policy support to the council related
to the compensation of agency heads. The provision of analytical and policy support under
this subdivision shall not be considered ex parte communication under subdivision 7.
new text end
new text begin
(b) Members appointed under paragraph (a) may not be a:
new text end
new text begin
(1) current or former judge;
new text end
new text begin
(2) current lobbyist registered under Minnesota law;
new text end
new text begin
(3) current employee in the judicial, legislative, or executive branch of state government;
new text end
new text begin
(4) current or former governor, lieutenant governor, attorney general, secretary of state,
or state auditor; or
new text end
new text begin
(5) current or former legislator, or the spouse of a current legislator.
new text end
Minnesota Statutes 2022, section 15A.082, subdivision 3, is amended to read:
(a) By April 1 in each
odd-numbered year, the Compensation Council shall submit to the speaker of the house and
the president of the senate salary recommendations for deleted text begin constitutional officers,deleted text end justices of
the supreme court, and judges of the court of appeals and district court. deleted text begin The recommended
salary for each other office must take effect on the first Monday in January of the next
odd-numbered year, with no more than one adjustment, to take effect on January 1 of the
year after thatdeleted text end new text begin The recommended salaries take 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 otherwisenew text end . The salary recommendations deleted text begin for judges
and constitutional officersdeleted text end 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) deleted text begin The council shall also submit to the speaker of the house and the president of the
senate recommendations for the salary ranges of the heads of state and metropolitan agencies,
to be effective retroactively from January 1 of that year if enacted into law. The
recommendations shall include the appropriate group in section 15A.0815 to which each
agency head should be assigned and the appropriate limitation on the maximum range of
the salaries of the agency heads in each group, expressed as a percentage of the salary of
the governor.deleted text end new text begin 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.
new text end
Minnesota Statutes 2022, section 15A.082, subdivision 4, is amended to read:
In making compensation recommendationsnew text begin and determinationsnew text end , the
council shall consider the amount of compensation paid in government service and the
private sector to persons with similar qualifications, the amount of compensation needed
to attract and retain experienced and competent persons, and the ability of the state to pay
the recommended compensation.
new text begin
This section is effective the day following final enactment and
applies to salary rates adopted by the council for fiscal year 2024 and thereafter.
new text end
Minnesota Statutes 2022, section 15A.082, is amended by adding a subdivision
to read:
new text begin
Members may not have any communication
with a constitutional officer, a head of a state agency, or member of the judiciary during
the period after the first meeting is convened under this section and the date the prescribed
and recommended salaries are submitted under subdivision 3.
new text end
Minnesota Statutes 2022, section 15A.0825, subdivision 1, is amended to read:
(a) The Legislative Salary Council consists of the following
members:
(1) one person, who is not a judge, from each congressional district, appointed by the
chief justice of the supreme court; and
(2) one person from each congressional district, appointed by the governor.
(b) If Minnesota has an odd number of congressional districts, the governor and the chief
justice must each appoint an at-large member, in addition to a member from each
congressional district.
(c) One-half of the members appointed by the governor and one-half of the members
appointed by the chief justice must belong to the political party that has the most members
in the legislature. One-half of the members appointed by the governor and one-half of the
members appointed by the chief justice must belong to the political party that has the second
most members in the legislature.
(d) None of the members of the council may be:
(1) a current or former legislator, or the spouse of a current legislator;
(2) a current or former lobbyist registered under Minnesota law;
(3) a current employee of the legislature;
(4) a current or former judge; deleted text begin or
deleted text end
(5) a current or former governor, lieutenant governor, attorney general, secretary of state,
or state auditordeleted text begin .deleted text end new text begin ; or
new text end
new text begin
(6) a current employee of an entity in the executive or judicial branch.
new text end
Minnesota Statutes 2022, section 15A.0825, subdivision 2, is amended to read:
Appointing authorities must make their deleted text begin initialdeleted text end appointments deleted text begin by January
2, 2017deleted text end new text begin after the first Monday in January and before January 15 in each odd-numbered year.
Appointing authorities who determine that a vacancy exists under subdivision 3, paragraph
(b), must make an appointment to fill that vacancy by January 15 in each odd-numbered
yearnew text end . The governor shall designate one member to convene and chair the first meeting of
the councilnew text begin , that must occur by February 15 of each odd-numbered yearnew text end . deleted text begin The first meeting
must be before January 15, 2017.deleted text end At its first meeting, the council must elect a chair from
among its members. deleted text begin Members that reside in an even-numbered congressional district serve
a first term ending January 15, 2019. Members residing in an odd-numbered congressional
district serve a first term ending January 15, 2021.
deleted text end
Minnesota Statutes 2022, section 15A.0825, subdivision 3, is amended to read:
(a) Except deleted text begin for initial terms anddeleted text end for the first term following redistricting,
a term is four years or until new appointments are made after congressional redistricting as
provided in subdivision 4. Members may serve no more than two full terms or portions of
two consecutive terms.
(b) If a member ceases to reside in the congressional district that the member resided in
at the time of appointment as a result of moving or redistricting, the appointing authority
who appointed the member must appoint a replacement who resides in the congressional
district to serve the unexpired term.
Minnesota Statutes 2022, section 15A.0825, subdivision 4, is amended to read:
Appointing authorities shall make
appointments deleted text begin within three monthsdeleted text end after a congressional redistricting plan is adopted.
new text begin Appointing authorities shall make appointments in accordance with the timing requirements
in subdivision 2. new text end Members that reside in an even-numbered district shall be appointed to a
term of two years following redistricting. Members that reside in an odd-numbered district
shall be appointed to a term of four years following redistricting.
Minnesota Statutes 2022, section 15A.0825, subdivision 9, is amended to read:
The Legislative Coordinating Commission shall provide administrative
and support services for the council.new text begin The provision of administrative and support services
under this subdivision shall not be considered ex parte communication under subdivision
10.
new text end
Minnesota Statutes 2022, section 16A.011, is amended by adding a subdivision
to read:
new text begin
A "transfer" means the authorization to move state money from
one fund, account, or agency to another fund, account, or agency within the state treasury.
When authorized by law, a transfer must reduce money in one fund, account, or agency and
increase the same amount to a separate fund, account, or agency.
new text end
Minnesota Statutes 2022, section 16A.055, is amended by adding a subdivision
to read:
new text begin
The commissioner may apply for and receive grants from
any source for the purpose of fulfilling any of the duties of the department. All funds received
under this subdivision are appropriated to the commissioner for the purposes for which the
funds are received.
new text end
new text begin
(a) The commissioner of management and budget is responsible for the coordination,
development, assessment, and communication of information, performance measures,
planning, and policy concerning the state's future.
new text end
new text begin
(b) The commissioner must develop a statewide system of economic, social, and
environmental performance measures. The commissioner must provide information to assist
public and elected officials with understanding the status of these performance measures.
new text end
new text begin
(c) The commissioner may appoint one deputy with principal responsibility for planning,
strategy, and performance management.
new text end
Minnesota Statutes 2022, section 16A.103, subdivision 1, is amended to read:
In February and November each year,
the commissioner shall prepare a forecast of state revenue and expenditures. The November
forecast must be delivered to the legislature and governor no later than deleted text begin the end of the first
week ofdeleted text end Decembernew text begin 6new text end . The February forecast must be delivered to the legislature and governor
by the end of February. Forecasts must be delivered to the legislature and governor on the
same day. If requested by the Legislative Commission on Planning and Fiscal Policy,
delivery to the legislature must include a presentation to the commission.
Minnesota Statutes 2022, section 16A.103, subdivision 1b, as amended by Laws
2023, chapter 10, section 2, is amended to read:
In determining the rate of inflation, the application of
inflation, the amount of state bonding as it affects debt service, the calculation of investment
income, and the other variables to be included in the expenditure part of the forecast, the
commissioner must consult with the chairs and lead minority members of the senate deleted text begin State
Governmentdeleted text end Finance Committee and the house of representatives Ways and Means
Committee, and legislative fiscal staff. This consultation must occur at least three weeks
before the forecast is to be released. No later than two weeks prior to the release of the
forecast, the commissioner must inform the chairs and lead minority members of the senate
deleted text begin State Governmentdeleted text end Finance Committee and the house of representatives Ways and Means
Committee, and legislative fiscal staff of any changes in these variables from the previous
forecast.
Minnesota Statutes 2022, section 16A.103, is amended by adding a subdivision
to read:
new text begin
By October 15 of each odd-numbered year, the
commissioner shall prepare a detailed fund balance analysis of the general fund for the
previous biennium. The analysis shall include a comparison to the most recent publicly
available fund balance analysis of the general fund. The commissioner shall provide this
analysis to the chairs and ranking minority members of the house of representatives Ways
and Means Committee and the senate Finance Committee, and shall post the analysis on
the agency's website.
new text end
Minnesota Statutes 2022, section 16A.126, subdivision 1, is amended to read:
The commissioner shall approve the rates an agency must pay
to a revolving fund for services. Funds subject to this subdivision include, but are not limited
to, the revolving funds established in sections 14.46; 14.53; 16B.2975, subdivision 4; 16B.48;
16B.54; 16B.58; 16B.85; 16E.14; 43A.55; and 176.591; deleted text begin anddeleted text end the fund established in section
43A.30new text begin ; and the account established in section 16A.1286new text end .
new text begin
This section is effective July 1, 2024.
new text end
Minnesota Statutes 2022, section 16A.1286, subdivision 2, is amended to read:
The commissioner may bill deleted text begin up to $10,000,000 indeleted text end each
fiscal year for statewide systems services provided to state agenciesdeleted text begin , judicial branch agencies,
the University of Minnesotadeleted text end new text begin in the executive, legislative, and judicial branchesnew text end , the Minnesota
State Colleges and Universities, and other entities. new text begin Each entity shall be billed based on that
entity's usage of the statewide systems.new text end Each agency shall transfer from agency operating
appropriations to the statewide systems account the amount billed by the commissioner.
deleted text begin Billing policies and procedures related to statewide systems services must be developed by
the commissioner in consultation with the commissioners of management and budget and
administration, the University of Minnesota, and the Minnesota State Colleges and
Universities.deleted text end new text begin The commissioner shall develop billing policies and procedures.
new text end
new text begin
This section is effective July 1, 2025.
new text end
Minnesota Statutes 2022, section 16A.15, subdivision 3, is amended to read:
(a) A payment may not be made without prior
obligation. An obligation may not be incurred against any fund, allotment, or appropriation
unless the commissioner has certified a sufficient unencumbered balance or the accounting
system shows sufficient allotment or encumbrance balance in the fund, allotment, or
appropriation to meet it. The commissioner shall determine when the accounting system
may be used to incur obligations without the commissioner's certification of a sufficient
unencumbered balance. An expenditure or obligation authorized or incurred in violation of
this chapter is invalid and ineligible for payment until made valid. A payment made in
violation of this chapter is illegal. An employee authorizing or making the payment, or
taking part in it, and a person receiving any part of the payment, are jointly and severally
liable to the state for the amount paid or received. If an employee knowingly incurs an
obligation or authorizes or makes an expenditure in violation of this chapter or takes part
in the violation, the violation is just cause for the employee's removal by the appointing
authority or by the governor if an appointing authority other than the governor fails to do
so. In the latter case, the governor shall give notice of the violation and an opportunity to
be heard on it to the employee and to the appointing authority. A claim presented against
an appropriation without prior allotment or encumbrance may be made valid on investigation,
review, and approval by the agency head in accordance with the commissioner's policy, if
the services, materials, or supplies to be paid for were actually furnished in good faith
without collusion and without intent to defraud. The commissioner may then pay the claim
just as properly allotted and encumbered claims are paid.
(b) The commissioner may approve payment for materials and supplies in excess of the
obligation amount when increases are authorized by section 16C.03, subdivision 3.
(c) To minimize potential construction delay claims, an agency with a project funded
by a building appropriation may allow a new text begin consultant or new text end contractor to proceed with
supplemental work within the limits of the appropriation before money is encumbered.
Under this circumstance, the agency may requisition funds and allow new text begin consultants or
new text end contractors to expeditiously proceed with new text begin services or new text end a construction sequence. While the
new text begin consultant or new text end contractor is proceeding, the agency shall immediately act to encumber the
required funds.
Minnesota Statutes 2022, section 16A.152, subdivision 2, is amended to read:
(a) If on the basis of a forecast of general fund
revenues and expenditures, the commissioner of management and budget determines that
there will be a positive unrestricted budgetary general fund balance at the close of the
biennium, the commissioner of management and budget must allocate money to the following
accounts and purposes in priority order:
(1) the cash flow account established in subdivision 1 until that account reaches
$350,000,000;
(2) the budget reserve account established in subdivision 1a until that account reaches
deleted text begin $2,377,399,000deleted text end new text begin $2,852,098,000new text end ;
(3) the amount necessary to increase the aid payment schedule for school district aids
and credits payments in section 127A.45 to not more than 90 percent rounded to the nearest
tenth of a percent without exceeding the amount available and with any remaining funds
deposited in the budget reserve;new text begin and
new text end
(4) the amount necessary to restore all or a portion of the net aid reductions under section
127A.441 and to reduce the property tax revenue recognition shift under section 123B.75,
subdivision 5, by the same amountdeleted text begin ;
deleted text end
deleted text begin
(5) the amount necessary to increase the Minnesota 21st century fund by not more than
the difference between $5,000,000 and the sum of the amounts credited and canceled to it
in the previous 12 months under Laws 2020, chapter 71, article 1, section 11, until the sum
of all transfers under this section and all amounts credited or canceled under Laws 2020,
chapter 71, article 1, section 11, equals $20,000,000; and
deleted text end
deleted text begin (6) for a forecast in November only, the amount remaining after the transfer under clause
(5) must be used to reduce the percentage of accelerated June liability sales tax payments
required under section 289A.20, subdivision 4, paragraph (b), until the percentage equals
zero, rounded to the nearest tenth of a percent. By March 15 following the November
forecast, the commissioner must provide the commissioner of revenue with the percentage
of accelerated June liability owed based on the reduction required by this clause. By April
15 each year, the commissioner of revenue must certify the percentage of June liability
owed by vendors based on the reduction required by this clausedeleted text end .
(b) The amounts necessary to meet the requirements of this section are appropriated
from the general fund within two weeks after the forecast is released or, in the case of
transfers under paragraph (a), clauses (3) and (4), as necessary to meet the appropriations
schedules otherwise established in statute.
(c) The commissioner of management and budget shall certify the total dollar amount
of the reductions under paragraph (a), clauses (3) and (4), to the commissioner of education.
The commissioner of education shall increase the aid payment percentage and reduce the
property tax shift percentage by these amounts and apply those reductions to the current
fiscal year and thereafter.
Minnesota Statutes 2022, section 16A.152, subdivision 4, is amended to read:
(a) If the commissioner determines that probable receipts for the
general fund will be less than anticipated, and that the amount available for the remainder
of the biennium will be less than needed, the commissioner shall, with the approval of the
governor, and after consulting the Legislative Advisory Commission, reduce the amount in
the budget reserve account as needed to balance expenditures with revenue.
(b) An additional deficit shall, with the approval of the governor, and after consulting
the Legislative Advisory Commission, be made up by reducing unexpended allotments of
any prior appropriation or transfer. Notwithstanding any other law to the contrary, the
commissioner is empowered to defer or suspend prior statutorily created obligations which
would prevent effecting such reductions.
(c) If the commissioner determines that probable receipts for any other fund,
appropriation, or item will be less than anticipated, and that the amount available for the
remainder of the term of the appropriation or for any allotment period will be less than
needed, the commissioner shall notify the agency concerned and then reduce the amount
allotted or to be allotted so as to prevent a deficit.
(d) In reducing allotments, the commissioner may consider other sources of revenue
available to recipients of state appropriations and may apply allotment reductions based on
all sources of revenue available.
(e) In like manner, the commissioner shall reduce allotments to an agency by the amount
of any saving that can be made over previous spending plans through a reduction in prices
or other cause.
new text begin
(f) The commissioner is prohibited from reducing an allotment or appropriation made
to the legislature.
new text end
new text begin
This section is effective the day following final enactment.
new text end
new text begin
Except as provided in this section, section 16A.28 applies to appropriations made to the
Office of the Governor. An unexpended balance not carried forward and remaining
unexpended and unencumbered at the end of a biennium lapses and shall be returned to the
fund from which it was appropriated. Balances may be carried forward into the next biennium
and credited to special accounts to be used only as follows: (1) for nonrecurring expenditures
on investments that enhance efficiency or improve effectiveness; (2) to pay expenses
associated with the work of the office, including public outreach efforts and related activities;
and (3) to pay severance costs of involuntary terminations. The approval of the commissioner
of management and budget under section 16A.28, subdivision 2, does not apply to the Office
of the Governor. An appropriation made to the Office of the Governor may be spent in
either year of the biennium.
new text end
new text begin
This section is effective July 1, 2023, and applies to appropriations
made to the Office of the Governor for fiscal year 2024 and thereafter.
new text end
Minnesota Statutes 2022, section 16A.632, subdivision 2, is amended to read:
(a) Article XI, section 5, clause (a), of the constitution states general
obligation bonds may be issued to finance only the acquisition or betterment of state land,
buildings, and improvements of a capital nature. In interpreting this and applying it to the
purposes of the program contemplated in this section, the following standards are adopted
for the disbursement of money from the capital asset preservation and replacement accountdeleted text begin :deleted text end new text begin .
new text end
(b) deleted text begin Nodeleted text end new text begin An appropriation under this section may not be used to acquirenew text end new landdeleted text begin ,deleted text end new text begin ornew text end
buildingsdeleted text begin , or major new improvements will be acquired. These projects, including all capital
expenditures required to permit their effective use for the intended purpose on completion,
will be estimated and provided for individually through a direct appropriation for each
projectdeleted text end new text begin or to construct new buildings or additionsnew text end .
(c) An expenditure will be made from the account only when it is a capital expenditure
on a capital asset previously owned by the state, within the meaning of accepted accounting
principles as applied to public expenditures. The commissioner of administration will consult
with the commissioner of management and budget to the extent necessary to ensure this
and will furnish the commissioner of management and budget a list of projects to be financed
from the account in order of their priority. The commissioner shall also furnish each revision
of the list. The legislature assumes that many provisions for preservation and replacement
of portions of existing capital assets will constitute betterments and capital improvements
within the meaning of the constitution and capital expenditures under correct accounting
principles, and will be financed more efficiently and economically under the program than
by direct appropriations for specific projects. However, the purpose of the program is to
accumulate data showing how additional costs may be saved by appropriating money from
the general fund for preservation measures, the necessity of which is predictable over short
periods.
(d) The commissioner of administration will furnish instructions to agencies to apply
for funding of capital expenditures for preservation and replacement from the account, will
review applications, will make initial allocations among types of eligible projects enumerated
below, will determine priorities, and will allocate money in priority order until the available
appropriation has been committed.new text begin An appropriation under this section may not be used to
make minor emergency repairs.
new text end
(e) Categories of projects considered likely to be most needed and appropriate for
financing are the following:
(1) unanticipated emergencies of all kindsdeleted text begin , for which a relatively small amount should
be initially reserved, replaced from money allocated to low-priority projects, if possible, as
emergencies occur, and used for stabilization rather than replacement if the cost would
exhaust the account and should be specially appropriateddeleted text end new text begin involving impacts to state-owned
propertynew text end ;
(2) new text begin major new text end projects to deleted text begin removedeleted text end new text begin addressnew text end life safety deleted text begin hazards, likedeleted text end new text begin for existing buildings and
sites, including but not limited to security,new text end replacement of mechanicalnew text begin and other buildingnew text end
systems, building code violations, or structural defectsdeleted text begin , at costs not large enough to require
major capital requests to the legislaturedeleted text end ;
(3) deleted text begin eliminationdeleted text end new text begin removalnew text end or containment of hazardous substances like asbestos or PCBs;
(4) deleted text begin moderate cost replacementdeleted text end new text begin major projects to replacenew text end and repair deleted text begin ofdeleted text end roofs, windows,
tuckpointing, and structural members necessary to preserve the exterior and interior of
existing buildings; and
(5) up to ten percent of an appropriation awarded under this section may be used for
design costs for projects eligible to be funded from this account in anticipation of future
funding from the account.
Minnesota Statutes 2022, section 16A.97, is amended to read:
The commissioner may sell and issue debt under deleted text begin either or both of sections 16A.98 anddeleted text end new text begin
sectionnew text end 16A.99, but the net proceeds of bonds issued and sold under deleted text begin those sections togetherdeleted text end new text begin
that sectionnew text end must not exceed $640,000,000 during fiscal years 2012 and 2013.
Minnesota Statutes 2022, section 16B.307, subdivision 1, is amended to read:
(a) Article XI, section 5, clause (a), of the constitution requires
that state general obligation bonds be issued to finance only the acquisition or betterment
of public land, buildings, and other public improvements of a capital nature. Money
appropriated for asset preservation, whether from state bond proceeds or from other revenue,
is subject to the following additional limitations:
(b) An appropriation for asset preservation may not be used to acquire new land nor to
acquire or construct new buildingsdeleted text begin ,deleted text end new text begin ornew text end additions to buildingsdeleted text begin , or major new improvementsdeleted text end .
(c) An appropriation for asset preservation may be used only for a capital expenditure
on a capital asset previously owned by the state, within the meaning of generally accepted
accounting principles as applied to public expenditures. The commissioner of administration
will consult with the commissioner of management and budget to the extent necessary to
ensure this and will furnish the commissioner of management and budget a list of projects
to be financed from the account in order of their priority. The legislature assumes that many
projects for preservation and replacement of portions of existing capital assets will constitute
betterments and capital improvements within the meaning of the constitution and capital
expenditures under generally accepted accounting principles, and will be financed more
efficiently and economically under this section than by direct appropriations for specific
projects.
(d) Categories of projects considered likely to be most needed and appropriate for asset
preservation appropriations are the following:
(1) new text begin major new text end projects to deleted text begin removedeleted text end new text begin addressnew text end life safety hazardsdeleted text begin , likedeleted text end new text begin for existing buildings and
sites, including but not limited to security, new text end building code violationsnew text begin ,new text end or structural defects.
Notwithstanding paragraph (b), a project in this category may include an addition to an
existing building if it is a required component of the hazard deleted text begin removaldeleted text end new text begin abatementnew text end project;
(2) projects to eliminate or contain hazardous substances like asbestos or lead paint;
(3) major projects to new text begin address accessibility and building code violations; new text end replace or repair
roofs, windows, tuckpointing, mechanical deleted text begin ordeleted text end new text begin ,new text end electricalnew text begin , plumbing or other buildingnew text end systems,
utility infrastructure,new text begin andnew text end tunnelsdeleted text begin ,deleted text end new text begin ; makenew text end site deleted text begin renovationsdeleted text end new text begin improvementsnew text end necessary to support
building usedeleted text begin ,deleted text end new text begin ;new text end and new text begin repair new text end structural components necessary to preserve the exterior and interior
of existing buildings; and
(4)new text begin majornew text end projects to deleted text begin renovatedeleted text end new text begin repairnew text end parking deleted text begin structuresdeleted text end new text begin facilities and surface lotsnew text end .
(e) Up to ten percent of an appropriation subject to this section may be used for design
costs for projects eligible to be funded under this section in anticipation of future asset
preservation appropriations.
Minnesota Statutes 2022, section 16B.32, subdivision 1, is amended to read:
deleted text begin
Plans prepared by the commissioner for a
new building or for a renovation of 50 percent or more of an existing building or its energy
systems must include designs which use active and passive solar energy systems, earth
sheltered construction, and other alternative energy sources where feasible.
deleted text end
new text begin
(a) If the
incorporation of cost-effective energy efficiency measures into the design, materials, and
operations of a building or major building renovation subject to section 16B.325 is not
sufficient to meet Sustainable Building 2030 energy performance standards required under
section 216B.241, subdivision 9, cost-effective renewable energy sources or solar thermal
energy systems, or both, must be deployed to achieve those standards.
new text end
new text begin
(b) The commissioners of administration and commerce shall review compliance of
building designs and plans subject to this section with Sustainable Building 2030 performance
standards developed under section 216B.241, subdivision 9, and shall make recommendations
to the legislature as necessary to ensure that those performance standards are met.
new text end
new text begin
(c) For the purposes of this section:
new text end
new text begin
(1) "energy efficiency" has the meaning given in section 216B.2402, subdivision 7;
new text end
new text begin
(2) "renewable energy" has the meaning given in section 216B.2422, subdivision 1,
paragraph (c), and includes hydrogen generated from wind, solar, or hydroelectric; and
new text end
new text begin
(3) "solar thermal energy systems" has the meaning given to "qualifying solar thermal
project" in section 216B.2411, subdivision 2, paragraph (e).
new text end
Minnesota Statutes 2022, section 16B.32, subdivision 1a, is amended to read:
deleted text begin
A state agency that
prepares a predesign for a new building must consider meeting at least two percent of the
energy needs of the building from renewable sources located on the building site. For
purposes of this subdivision, "renewable sources" are limited to wind and the sun. The
predesign must include an explicit cost and price analysis of complying with the two-percent
requirement compared with the present and future costs of energy supplied by a public
utility from a location away from the building site and the present and future costs of
controlling carbon emissions. If the analysis concludes that the building should not meet at
least two percent of its energy needs from renewable sources located on the building site,
the analysis must provide explicit reasons why not. The building may not receive further
state appropriations for design or construction unless at least two percent of its energy needs
are designed to be met from renewable sources, unless the commissioner finds that the
reasons given by the agency for not meeting the two-percent requirement were supported
by evidence in the record.
deleted text end
new text begin
The total aggregate nameplate capacity of all renewable energy
sources utilized to meet Sustainable Building 2030 standards in a state-owned building or
facility, including any subscription to a community solar garden under section 216B.1641,
may not exceed 120 percent of the average annual electric energy consumption of the
state-owned building or facility.
new text end
Minnesota Statutes 2022, section 16B.33, subdivision 1, is amended to read:
(a) As used in this section, the following terms have the
meanings given them:
(b) "Agency" has the meaning given in section 16B.01.
(c) "Architect" means an architect or landscape architect registered to practice under
sections 326.02 to 326.15.
(d) "Board" means the state Designer Selection Board.
(e) "Design-build" means the process of entering into and managing a single contract
between the commissioner and the design-builder in which the design-builder agrees to
both design and construct a project as specified in the contract at a guaranteed maximum
or a fixed price.
(f) "Design-builder" means a person who proposes to design and construct a project in
accordance with the requirements of section 16C.33.
(g) "Designer" means an architect or engineer, or a partnership, association, or corporation
comprised primarily of architects or engineers or of both architects and engineers.
(h) "Engineer" means an engineer registered to practice under sections 326.02 to 326.15.
(i) "Person" includes an individual, corporation, partnership, association, or any other
legal entity.
(j) "Primary designer" means the designer who is to have primary design responsibility
for a project, and does not include designers who are merely consulted by the user agency
and do not have substantial design responsibility, or designers who will or may be employed
or consulted by the primary designer.
(k) "Project" means an undertaking to construct, erect, or remodel a building by or for
the state or an agency.new text begin Capital projects exempt from the requirements of this section include
demolition or decommissioning of state assets; hazardous materials abatement; repair and
replacement of utility infrastructure, parking lots, and parking structures; security upgrades;
building systems replacement or repair, including alterations to building interiors needed
to accommodate the systems; and other asset preservation work not involving remodeling
of occupied space.
new text end
(l) "User agency" means the agency undertaking a specific project. For projects
undertaken by the state of Minnesota, "user agency" means the Department of Administration
or a state agency with an appropriate delegation to act on behalf of the Department of
Administration.
Minnesota Statutes 2022, section 16B.33, subdivision 3, is amended to read:
(a) Application. Upon undertaking a project
with an estimated cost greater than deleted text begin $2,000,000deleted text end new text begin $4,000,000new text end or a planning project with
estimated fees greater than deleted text begin $200,000deleted text end new text begin $400,000new text end , every user agency, except the Capitol Area
Architectural and Planning Board, shall submit a written request for a primary designer for
its project to the commissioner, who shall forward the request to the board. The University
of Minnesota and the Minnesota State Colleges and Universities shall follow the process
in subdivision 3a to select designers for their projects. The written request must include a
description of the project, the estimated cost of completing the project, a description of any
special requirements or unique features of the proposed project, and other information which
will assist the board in carrying out its duties and responsibilities set forth in this section.
(b) Reactivated project. If a project for which a designer has been selected by the board
becomes inactive, lapses, or changes as a result of project phasing, insufficient appropriations,
or other reasons, the commissioner, the Minnesota State Colleges and Universities, or the
University of Minnesota may, if the project is reactivated, retain the same designer to
complete the project.
(c) Fee limit reached after designer selected. If a project initially estimated to be below
the cost and planning fee limits of this subdivision has its cost or planning fees revised so
that the limits are exceeded, the project must be referred to the board for designer selection
even if a primary designer has already been selected. In this event, the board may, without
conducting interviews, elect to retain the previously selected designer if it determines that
the interests of the state are best served by that decision and shall notify the commissioner
of its determination.
Minnesota Statutes 2022, section 16B.33, subdivision 3a, is amended to read:
(a) When the University of Minnesota or the
Minnesota State Colleges and Universities undertakes a project involving construction or
major remodeling, as defined in section 16B.335, subdivision 1, with an estimated cost
greater than deleted text begin $2,000,000deleted text end new text begin $4,000,000new text end or a planning project with estimated fees greater than
deleted text begin $200,000deleted text end new text begin $400,000new text end , the system shall submit a written request for a primary designer to the
commissioner, as provided in subdivision 3.
(b) When the University of Minnesota or the Minnesota State Colleges and Universities
undertakes a project involving renovation, repair, replacement, or rehabilitation, the system
office may submit a written request for a primary designer to the commissioner as provided
in subdivision 3.
(c) For projects at the University of Minnesota or the State Colleges and Universities,
the board shall select at least two primary designers under subdivision 4 for recommendation
to the Board of Regents or the Board of Trustees. Meeting records or written evaluations
that document the final selection are public records. The Board of Regents or the Board of
Trustees shall notify the commissioner of the designer selected from the recommendations.
Minnesota Statutes 2022, section 16B.33, is amended by adding a subdivision to
read:
new text begin
No later than December 31 of every fifth year starting in
2025, the commissioner shall determine the percentage increase in the rate of inflation, as
measured by the Means Quarterly Construction Cost Index, during the four-year period
preceding that year. The thresholds in subdivisions 3, paragraph (a); and 3a, paragraph (a),
shall be increased by the percentage calculated by the commissioner to the nearest
ten-thousandth dollar.
new text end
new text begin
The commissioner of administration shall maintain
the Office of Collaboration and Dispute Resolution within the Department of Administration.
The office must:
new text end
new text begin
(1) assist state agencies; offices of the executive, legislative, and judicial branches; Tribal
governments; and units of local government in improving collaboration, dispute resolution,
and public engagement;
new text end
new text begin
(2) promote and utilize collaborative dispute resolution models and processes based on
documented best practices to foster trust, relationships, mutual understanding,
consensus-based resolutions, and wise and durable solutions, including but not limited to:
new text end
new text begin
(i) using established criteria and procedures for identifying and assessing collaborative
dispute resolution projects;
new text end
new text begin
(ii) designing collaborative dispute resolution processes;
new text end
new text begin
(iii) preparing and training participants; and
new text end
new text begin
(iv) facilitating meetings and group processes using collaborative techniques and
approaches;
new text end
new text begin
(3) support collaboration and dispute resolution in the public and private sectors by
providing technical assistance and information on best practices and new developments in
dispute resolution fields;
new text end
new text begin
(4) build capacity and educate the public and government entities on collaboration,
dispute resolution approaches, and public engagement;
new text end
new text begin
(5) promote the broad use of community mediation in the state; and
new text end
new text begin
(6) ensure that all areas of the state have access to services by providing grants to private
nonprofit entities certified by the state court administrator under chapter 494 that assist in
resolution of disputes.
new text end
new text begin
(a) The commissioner
shall, to the extent funds are appropriated for this purpose, make grants to private nonprofit
community mediation entities certified by the state court administrator under chapter 494
that assist in resolution of disputes under subdivision 1, clause (6). The commissioner shall
establish a grant review committee to assist in the review of grant applications and the
allocation of grants under this section.
new text end
new text begin
(b) To be eligible for a grant under this section, a nonprofit organization must meet the
requirements of section 494.05, subdivision 1, clauses (1), (2), (4), and (5).
new text end
new text begin
(c) A nonprofit entity receiving a grant must agree to comply with guidelines adopted
by the state court administrator under section 494.015, subdivision 1. Policies adopted under
sections 16B.97 and 16B.98 apply to grants under this section. The exclusions in section
494.03 apply to grants under this section.
new text end
new text begin
(d) Grantees must report data required under chapter 494 to evaluate quality and
outcomes.
new text end
new text begin
The commissioner may apply for and receive money made
available from federal, state, or other sources for the purposes of carrying out the mission
of the Office of Collaboration and Dispute Resolution. Funds received under this subdivision
are appropriated to the commissioner for their intended purpose.
new text end
new text begin
The Office of Enterprise Sustainability is
established to assist all state agencies in making measurable progress toward improving the
sustainability of government operations by reducing the impact on the environment,
controlling unnecessary waste of natural resources and public funds, and spurring innovation.
The office shall create new tools and share best practices, assist state agencies to plan for
and implement improvements, and monitor progress toward achieving intended outcomes.
Specific duties include but are not limited to:
new text end
new text begin
(1) managing a sustainability metrics and reporting system, including a public dashboard
that allows Minnesotans to track progress and is updated annually;
new text end
new text begin
(2) assisting agencies in developing and executing sustainability plans; and
new text end
new text begin
(3) implementing the state building energy conservation improvement revolving loan
in Minnesota Statutes, sections 16B.86 and 16B.87.
new text end
new text begin
Each cabinet-level agency is required to
participate in the sustainability effort by developing a sustainability plan and by making
measurable progress toward improving associated sustainability outcomes. State agencies
and boards that are not members of the cabinet shall take steps toward improving
sustainability outcomes. However, they are not required to participate at the level of
cabinet-level agencies.
new text end
new text begin
The Office of Enterprise Sustainability shall make
reasonable attempts to share tools and best practices with local governments.
new text end
new text begin
(a) The commissioner shall establish an Office of
Enterprise Translations. The office must:
new text end
new text begin
(1) provide translation services for written material for executive agencies;
new text end
new text begin
(2) create and maintain language-specific landing webpages in Spanish, Hmong, and
Somali and other languages that may be determined by the commissioner, in consultation
with the state demographer, with links to translated materials at state agency websites; and
new text end
new text begin
(3) serve as a resource to executive agencies in areas such as best practices and standards
for the translation of written materials.
new text end
new text begin
(b) The commissioner shall determine the process and requirements for state agencies
to request translations of written materials.
new text end
new text begin
The language access service
account is created in the special revenue fund for reimbursing state agencies for expenses
incurred in providing language translation services.
new text end
Minnesota Statutes 2022, section 16B.4805, subdivision 1, is amended to read:
"Reasonable accommodation" as used in this section has
the meaning given in section 363A.08. "State agency" as used in this section has the meaning
given in section 16A.011, subdivision 12. "Reasonable accommodations eligible for
reimbursement" means:
(1) reasonable accommodations provided to applicants for employment;
(2) reasonable accommodations for employees for services that will need to be provided
on a periodic or ongoing basis; or
(3) reasonable accommodations that involve onetime expenses that total more than
deleted text begin $1,000deleted text end new text begin $500new text end for an employee in a fiscal year.
Minnesota Statutes 2022, section 16B.58, is amended by adding a subdivision to
read:
new text begin
The commissioner may require that a user of a
charging station located on the State Capitol complex used to charge an electric vehicle pay
an electric service fee as determined by the commissioner.
new text end
Minnesota Statutes 2022, section 16B.87, subdivision 2, is amended to read:
(a) An agency shall apply for a loan on a form
developed by the commissioner of administration that requires an applicant to submit the
following information:
(1) a description of the proposed project, including existing equipment, structural
elements, operating characteristics, and other conditions affecting energy use that the energy
conservation improvements financed by the loan modify or replace;
(2) the total estimated project cost and the loan amount sought;
(3) a detailed project budget;
(4) projections of the proposed project's expected energy and monetary savings;
(5) information demonstrating the agency's ability to repay the loan;
(6) a description of the energy conservation programs offered by the utility providing
service to the state building from which the applicant seeks additional funding for the project;
and
(7) any additional information requested by the commissioner.
(b) The committee shall review applications for loans and shall award a loan based upon
criteria adopted by the committee. A loan made under this section must:
(1) be at or below the market rate of interest, including a zero interest loan; and
(2) have a term no longer than deleted text begin sevendeleted text end new text begin tennew text end years.
(c) In making awards, the committee shall give preference to:
(1) applicants that have sought funding for the project through energy conservation
projects offered by the utility serving the state building that is the subject of the application;
and
(2) to the extent feasible, applications for state buildings located within the electric retail
service area of the utility that is subject to section 116C.779.
Minnesota Statutes 2022, section 16C.10, subdivision 2, is amended to read:
The solicitation process described in this chapternew text begin and
chapter 16Bnew text end is not required in emergencies. In emergencies, the commissioner may make
new text begin or authorize new text end any purchases necessary for thenew text begin design, construction,new text end repair, rehabilitation, and
improvement of a deleted text begin state-owneddeleted text end new text begin publicly ownednew text end structure or maynew text begin make ornew text end authorize an agency
to do so and may purchase, or may authorize an agency to purchase, new text begin any new text end goods, services,
or utility services directly for immediate use.new text begin This provision applies to projects conducted
by Minnesota State Colleges and Universities.
new text end
Minnesota Statutes 2022, section 16C.16, subdivision 6, is amended to read:
(a) The commissioner may award up to a deleted text begin sixdeleted text end new text begin 12new text end 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
deleted text begin $25,000deleted text end new text begin $100,000new text end .
(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. The subcontracting requirements of this paragraph do not apply to
prime contractors who are small businesses or small targeted group businesses.
Minnesota Statutes 2022, 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 deleted text begin sixdeleted text end new text begin 12new text end 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 deleted text begin $25,000deleted text end new text begin $100,000new text end .
(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. The subcontracting
requirements of this paragraph do not apply to prime contractors who are veteran-owned
small businesses.
(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 2022, section 16C.16, subdivision 7, is amended to read:
(a) The commissioner may award up to
a deleted text begin sixdeleted text end new text begin 12new text end 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 deleted text begin $25,000deleted text end new text begin $100,000new text end .
(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. The
subcontracting requirements of this paragraph do not apply to prime contractors who are
small businesses located in an economically disadvantaged area.
(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 2022, section 16C.19, is amended to read:
(a) A small business wishing to participate in the programs under section 16C.16,
subdivisions 4 to 7, must be certified by the commissionernew text begin or, if authorized by the
commissioner, by a nationally recognized certifying organization. The commissioner may
choose to authorize a nationally recognized certifying organization if the certification
requirements are substantially the same as those adopted under the rules authorized in this
section and the business meets the requirements in section 16C.16, subdivision 2new text end .
new text begin (b) new text end The commissioner shall adopt by rule standards and procedures for certifying that
small targeted group businesses, small businesses located in economically disadvantaged
areas, and veteran-owned small businesses are eligible to participate under the requirements
of sections 16C.16 to 16C.21. The commissioner shall adopt by rule standards and procedures
for hearing appeals and grievances and other rules necessary to carry out the duties set forth
in sections 16C.16 to 16C.21.
deleted text begin (b)deleted text end new text begin (c)new text end The commissioner may make rules which exclude or limit the participation of
nonmanufacturing business, including third-party lessors, brokers, franchises, jobbers,
manufacturers' representatives, and others from eligibility under sections 16C.16 to 16C.21.
deleted text begin (c)deleted text end new text begin (d)new text end The commissioner may make rules that set time limits and other eligibility limits
on business participation in programs under sections 16C.16 to 16C.21.
deleted text begin (d)deleted text end new text begin (e)new text end Notwithstanding paragraph (a), for purposes of sections 16C.16 to 16C.21, a
veteran-owned small business, the principal place of business of which is in Minnesota, is
certified if:
(1) it has been verified by the United States Department of Veterans Affairs as being
either a veteran-owned small business or a service-disabled veteran-owned small business,
in accordance with Public Law 109-461 and Code of Federal Regulations, title 38, part 74;
or
(2) the veteran-owned small business supplies the commissioner with proof that the
small business is majority-owned and operated by:
(i) a veteran as defined in section 197.447; or
(ii) a veteran with a service-connected disability, as determined at any time by the United
States Department of Veterans Affairs.
deleted text begin (e)deleted text end new text begin (f)new text end Until rules are adopted pursuant to paragraph (a) for the purpose of certifying
veteran-owned small businesses, the provisions of Minnesota Rules, part 1230.1700, may
be read to include veteran-owned small businesses. In addition to the documentation required
in Minnesota Rules, part 1230.1700, the veteran owner must have been discharged under
honorable conditions from active service, as indicated by the veteran owner's most current
United States Department of Defense form DD-214.
deleted text begin (f)deleted text end new text begin (g)new text end Notwithstanding paragraph (a), for purposes of sections 16C.16 to 16C.21, a
minority- or woman-owned small business, the principal place of business of which is in
Minnesota, is certified if it has been certified by the Minnesota unified certification program
under the provisions of Code of Federal Regulations, title 49, part 26new text begin , and a Tribal-owned
small business, the principal place of business of which is in Minnesota, is certified if it has
been certified by the Small Business Administration (SBA) 8(a) program under the provisions
of Code of Federal Regulations, title 13, part 124new text end .
deleted text begin (g)deleted text end new text begin (h)new text end The commissioner may adopt rules to implement the programs under section
16C.16, subdivisions 4 to 7, using the expedited rulemaking process in section 14.389.
Minnesota Statutes 2022, section 16C.251, is amended to read:
A "best and final offer" solicitation process may not be used for building and construction
contractsnew text begin awarded based on competitive bidsnew text end .
Minnesota Statutes 2022, section 16C.32, subdivision 1, is amended to read:
As used in sections 16C.32 to 16C.35, the following terms
have the meanings given them, unless the context clearly indicates otherwise:
(1) "acceptance" means a formal resolution of the commissioner authorizing the execution
of a design-build, construction manager at risk, or job order contracting contract;
(2) "agency" means any state officer, employee, board, commission, authority,
department, or other agency of the executive branch of state government. Unless specifically
indicated otherwise, as used in sections 16C.32 to 16C.35, agency also includes the Minnesota
State Colleges and Universities;
(3) "architect" means an architect or landscape architect registered to practice under
sections 326.02 to 326.15;
(4) "board" means the state Designer Selection Board, unless the estimated cost of the
project is less than deleted text begin $2,000,000deleted text end new text begin the amount specified in section 16B.33, subdivision 3new text end , in
which case the commissioner may act as the board;
(5) "Capitol Area Architectural and Planning Board" means the board established to
govern the Capitol Area under chapter 15B;
(6) "commissioner" means the commissioner of administration or the Board of Trustees
of the Minnesota State Colleges and Universities, whichever controls a project;
(7) "construction manager at risk" means a person who is selected by the commissioner
to act as a construction manager to manage the construction process, which includes, but
is not limited to, responsibility for the price, schedule, and workmanship of the construction
performed in accordance with the procedures of section 16C.34;
(8) "construction manager at risk contract" means a contract for construction of a project
between a construction manager at risk and the commissioner, which contract shall include
a guaranteed maximum price, construction schedule, and workmanship of the construction
performed;
(9) "design-build contract" means a contract between the commissioner and a
design-builder to furnish the architectural, engineering, and related design services as well
as the labor, materials, supplies, equipment, and construction services for a project;
(10) "design and price-based proposal" means the proposal to be submitted by a
design-builder in the design and price-based selection process, as described in section
16C.33, which proposal meets the requirements of section 16C.33, subdivision 7, paragraph
(c), in such detail as required in the request for proposals;
(11) "design and price-based selection" means the selection of a design-builder as
described in section 16C.33, subdivision 8;
(12) "design criteria package" means performance criteria prepared by a design criteria
professional who shall be either an employee of the commissioner or shall be selected in
compliance with section 16B.33, 16C.08, or 16C.087;
(13) "design criteria professional" means a person licensed under chapter 326, or a person
who employs an individual or individuals licensed under chapter 326, required to design a
project, and who is employed by or under contract to the commissioner to provide
professional, architectural, or engineering services in connection with the preparation of
the design criteria package;
(14) "guaranteed maximum price" means the maximum amount that a design-builder,
construction manager at risk, or subcontractor will be paid pursuant to a contract to perform
a defined scope of work;
(15) "guaranteed maximum price contract" means a contract under which a design-builder,
construction manager, or subcontractor is paid on the basis of their actual cost to perform
the work specified in the contract plus an amount for overhead and profit, the sum of which
must not exceed the guaranteed maximum price set forth in the contract;
(16) "job order contracting" means a project delivery method that requests a limited
number of bids from a list of qualified contractors, selected from a registry of qualified
contractors who have been prescreened and who have entered into master contracts with
the commissioner, as provided in section 16C.35;
(17) "past performance" or "experience" does not include the exercise or assertion of a
person's legal rights;
(18) "person" includes an individual, corporation, partnership, association, or any other
legal entity;
(19) "project" means an undertaking to construct, alter, or enlarge a building, structure,
or other improvements, except highways and bridges, by or for the state or an agency;
(20) "qualifications-based selection" means the selection of a design-builder as provided
in section 16C.33;
(21) "request for qualifications" means the document or publication soliciting
qualifications for a design-build, construction manager at risk, or job order contracting
contract as provided in sections 16C.33 to 16C.35;
(22) "request for proposals" means the document or publication soliciting proposals for
a design-build or construction manager at risk contract as provided in sections 16C.33 and
16C.34; and
(23) "trade contract work" means the furnishing of labor, materials, or equipment by
contractors or vendors that are incorporated into the completed project or are major
components of the means of construction. Work performed by trade contractors involves
specific portions of the project, but not the entire project.
Minnesota Statutes 2022, section 16C.36, is amended to read:
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.
deleted text begin
The commissioner of administration must report to the legislature by January 15, 2013,
and January 15, 2014, on state agency use of eligible contractors under this section, and on
improvements in efficiency and effectiveness, including the contract oversight process, of
state services as a result of services provided by contractors.
deleted text end
Minnesota Statutes 2022, section 43A.04, subdivision 7, is amended to read:
The commissioner shall issue a written report by February 1 and
August 1 of each year to the chair of the Legislative Coordinating Commission. The report
must list the number of appointments made under each of the categories in section 43A.15,
the number made to the classified service other than under section 43A.15, and the number
made under section 43A.08, subdivision 2a, during the six-month periods ending June 30
and December 31, respectively.new text begin The report must be posted online and must be accessible
under section 16E.03. The commissioner shall advertise these reports in multiple formats
to ensure broad dissemination.
new text end
Minnesota Statutes 2022, section 43A.06, subdivision 1, is amended to read:
(a) The commissioner shall perform the duties assigned to the
commissioner by new text begin this section and new text end sections 3.855deleted text begin ,deleted text end new text begin