Minnesota Legislature
HF 1952
4th Engrossment - 92nd Legislature (2021 - 2022) Posted on 05/25/2021 11:54am
2.4 2.5
2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15
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2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16
3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25
3.26 3.27 3.28 3.29 3.30 3.31 3.32 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18
4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11
5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20
5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32 5.33 6.1 6.2 6.3 6.4 6.5
6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9
7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 7.32
8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.26 8.27 8.28 8.29 8.30 8.31 8.32 8.33 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 9.12 9.13 9.14 9.15 9.16 9.17 9.18
9.19
9.20 9.21 9.22 9.23 9.24 9.25 9.26
9.27 9.28 9.29 9.30 9.31 9.32 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11 10.12 10.13 10.14 10.15 10.16 10.17
10.18 10.19 10.20 10.21 10.22 10.23 10.24
10.25 10.26 10.27 10.28 10.29 10.30 10.31 10.32 11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 11.9 11.10 11.11 11.12 11.13 11.14 11.15 11.16 11.17 11.18 11.19 11.20 11.21 11.22 11.23 11.24 11.25 11.26 11.27 11.28 11.29
12.1 12.2 12.3 12.4 12.5 12.6 12.7 12.8 12.9 12.10
12.11 12.12 12.13 12.14 12.15 12.16 12.17 12.18 12.19
12.20 12.21 12.22 12.23
12.24 12.25 12.26 12.27 12.28
13.1 13.2 13.3 13.4 13.5 13.6 13.7 13.8 13.9 13.10 13.11 13.12 13.13 13.14 13.15 13.16 13.17 13.18 13.19 13.20 13.21 13.22 13.23 13.24 13.25 13.26 13.27 13.28 13.29 13.30
14.1 14.2 14.3 14.4 14.5 14.6
14.7 14.8 14.9 14.10 14.11 14.12 14.13 14.14 14.15 14.16 14.17 14.18 14.19
14.20 14.21 14.22 14.23 14.24 14.25 14.26 14.27 14.28 14.29 14.30
15.1 15.2 15.3 15.4 15.5 15.6 15.7 15.8 15.9 15.10 15.11 15.12
15.13
15.14 15.15 15.16 15.17
15.18
15.19 15.20 15.21
15.22 15.23
15.24 15.25
15.26 15.27 15.28 15.29 16.1 16.2 16.3 16.4 16.5 16.6 16.7 16.8
16.9 16.10 16.11 16.12 16.13 16.14 16.15 16.16 16.17 16.18 16.19 16.20 16.21 16.22 16.23 16.24 16.25 16.26 16.27 16.28 16.29 16.30 16.31 17.1 17.2 17.3 17.4 17.5 17.6 17.7 17.8 17.9 17.10 17.11 17.12 17.13 17.14 17.15 17.16 17.17 17.18 17.19 17.20 17.21 17.22 17.23 17.24 17.25 17.26 17.27 17.28 17.29 17.30 17.31 17.32 18.1 18.2 18.3 18.4 18.5 18.6 18.7 18.8 18.9 18.10 18.11 18.12 18.13 18.14 18.15 18.16 18.17 18.18 18.19 18.20 18.21 18.22 18.23 18.24 18.25 18.26 18.27 18.28 18.29 18.30 18.31 18.32 18.33 19.1 19.2 19.3 19.4 19.5 19.6 19.7 19.8 19.9 19.10 19.11 19.12 19.13 19.14 19.15 19.16 19.17 19.18 19.19 19.20 19.21 19.22 19.23 19.24 19.25 19.26 19.27 19.28 19.29
20.1 20.2 20.3 20.4 20.5 20.6 20.7 20.8 20.9 20.10 20.11 20.12 20.13 20.14 20.15 20.16 20.17 20.18 20.19 20.20 20.21 20.22 20.23 20.24 20.25 20.26 20.27 20.28 20.29 20.30 20.31 21.1 21.2 21.3 21.4 21.5 21.6 21.7 21.8
21.9 21.10 21.11 21.12 21.13 21.14 21.15 21.16 21.17 21.18 21.19 21.20 21.21 21.22 21.23 21.24 21.25 21.26 21.27 21.28 21.29 21.30 21.31 21.32 22.1 22.2
22.3 22.4 22.5 22.6 22.7 22.8 22.9 22.10 22.11 22.12 22.13 22.14 22.15 22.16 22.17 22.18 22.19 22.20 22.21 22.22 22.23 22.24 22.25 22.26 22.27 22.28
22.29 22.30 23.1 23.2 23.3 23.4 23.5 23.6 23.7 23.8 23.9 23.10 23.11 23.12 23.13 23.14 23.15 23.16
23.17 23.18 23.19 23.20 23.21 23.22 23.23
23.24 23.25 23.26 23.27 23.28 23.29 23.30 23.31
24.1 24.2 24.3 24.4 24.5 24.6 24.7 24.8 24.9 24.10 24.11 24.12 24.13 24.14 24.15 24.16 24.17 24.18 24.19 24.20 24.21 24.22 24.23 24.24 24.25 24.26 24.27 24.28 24.29 24.30 24.31 25.1 25.2
25.3 25.4 25.5 25.6 25.7 25.8 25.9 25.10 25.11 25.12 25.13 25.14 25.15 25.16 25.17 25.18 25.19 25.20
25.21 25.22 25.23 25.24 25.25 25.26 25.27 25.28 25.29 25.30 25.31 25.32 26.1 26.2 26.3
26.4 26.5 26.6 26.7 26.8 26.9 26.10
26.11 26.12 26.13 26.14 26.15 26.16 26.17 26.18 26.19 26.20 26.21 26.22 26.23 26.24 26.25 26.26 26.27 26.28 26.29 26.30 27.1 27.2 27.3 27.4 27.5
27.6 27.7 27.8 27.9 27.10 27.11 27.12 27.13 27.14 27.15 27.16 27.17 27.18
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27.28 27.29 27.30
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28.6 28.7 28.8 28.9 28.10 28.11 28.12 28.13
28.14 28.15 28.16 28.17 28.18 28.19 28.20 28.21 28.22 28.23 28.24 28.25 28.26 28.27 28.28 28.29 28.30 28.31 28.32 29.1 29.2 29.3 29.4 29.5 29.6 29.7 29.8 29.9 29.10 29.11 29.12 29.13 29.14 29.15 29.16 29.17 29.18 29.19 29.20 29.21 29.22 29.23 29.24 29.25 29.26 29.27 29.28 29.29 29.30
30.1 30.2 30.3 30.4 30.5 30.6 30.7
30.8 30.9 30.10 30.11 30.12 30.13 30.14 30.15 30.16 30.17 30.18 30.19 30.20 30.21 30.22 30.23 30.24 30.25 30.26 30.27 30.28 30.29 30.30 30.31 31.1 31.2 31.3 31.4 31.5 31.6 31.7 31.8 31.9 31.10 31.11 31.12 31.13 31.14 31.15 31.16 31.17 31.18 31.19 31.20 31.21 31.22 31.23 31.24 31.25 31.26 31.27 31.28 31.29 31.30 31.31
32.1 32.2 32.3 32.4 32.5 32.6 32.7 32.8
32.9 32.10 32.11 32.12 32.13 32.14 32.15 32.16 32.17 32.18 32.19 32.20 32.21 32.22 32.23 32.24 32.25 32.26 32.27 32.28 32.29 32.30 32.31 33.1 33.2 33.3 33.4 33.5 33.6 33.7 33.8 33.9 33.10 33.11
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34.1 34.2 34.3 34.4 34.5 34.6 34.7 34.8 34.9 34.10 34.11 34.12 34.13 34.14 34.15 34.16 34.17 34.18 34.19
34.20 34.21 34.22 34.23 34.24 34.25 34.26 34.27 34.28 34.29 34.30
34.31 34.32 34.33 35.1 35.2 35.3 35.4 35.5
35.6 35.7 35.8 35.9 35.10 35.11 35.12 35.13 35.14 35.15 35.16 35.17 35.18 35.19 35.20 35.21 35.22 35.23 35.24 35.25
35.26 35.27 35.28 35.29 35.30 35.31 35.32 35.33 36.1 36.2 36.3 36.4 36.5
36.6 36.7 36.8 36.9 36.10 36.11 36.12 36.13 36.14 36.15 36.16 36.17 36.18 36.19 36.20 36.21 36.22 36.23 36.24 36.25 36.26 36.27 36.28 36.29 36.30 36.31 36.32 36.33 36.34 37.1 37.2 37.3 37.4 37.5 37.6 37.7 37.8 37.9 37.10
37.11 37.12 37.13 37.14 37.15 37.16 37.17 37.18 37.19 37.20 37.21 37.22 37.23 37.24 37.25 37.26 37.27 37.28 37.29 37.30 37.31 37.32 38.1 38.2
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39.15 39.16 39.17 39.18 39.19 39.20 39.21 39.22 39.23 39.24 39.25 39.26 39.27 39.28 39.29 39.30 39.31 39.32 39.33 40.1 40.2 40.3
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40.16 40.17 40.18 40.19 40.20 40.21 40.22 40.23 40.24 40.25 40.26 40.27 40.28 40.29 40.30 40.31 40.32 41.1 41.2 41.3 41.4 41.5 41.6 41.7 41.8
41.9 41.10 41.11 41.12 41.13 41.14 41.15 41.16 41.17 41.18 41.19 41.20 41.21 41.22 41.23 41.24 41.25 41.26 41.27 41.28 41.29 41.30 41.31 41.32 41.33 42.1 42.2 42.3 42.4 42.5
42.6 42.7 42.8 42.9 42.10 42.11 42.12 42.13 42.14 42.15 42.16 42.17 42.18 42.19 42.20 42.21 42.22 42.23 42.24 42.25 42.26 42.27 42.28 42.29
42.30 42.31 42.32 43.1 43.2 43.3 43.4 43.5 43.6 43.7 43.8
43.9
43.10 43.11 43.12 43.13 43.14 43.15
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44.25 44.26 44.27 44.28 44.29 45.1 45.2 45.3 45.4 45.5 45.6 45.7 45.8 45.9 45.10 45.11 45.12 45.13 45.14 45.15 45.16
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46.28 46.29 46.30 46.31 46.32 47.1 47.2
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47.5 47.6 47.7 47.8 47.9 47.10 47.11 47.12 47.13 47.14 47.15
47.16 47.17
47.18 47.19 47.20 47.21
47.22 47.23
47.24 47.25 47.26 47.27 47.28 47.29 47.30 47.31 48.1 48.2 48.3 48.4 48.5 48.6 48.7 48.8 48.9 48.10 48.11 48.12 48.13 48.14 48.15 48.16 48.17 48.18 48.19 48.20 48.21 48.22 48.23 48.24 48.25 48.26 48.27 48.28 48.29 49.1 49.2 49.3 49.4 49.5 49.6 49.7 49.8 49.9 49.10 49.11 49.12 49.13 49.14 49.15 49.16 49.17 49.18 49.19 49.20 49.21 49.22 49.23
49.24 49.25
49.26 49.27 49.28 49.29 49.30
49.31 49.32
50.1 50.2 50.3 50.4 50.5 50.6 50.7
50.8 50.9
50.10 50.11 50.12 50.13 50.14 50.15 50.16 50.17 50.18 50.19 50.20 50.21 50.22 50.23 50.24 50.25 50.26 50.27 50.28 50.29 50.30 50.31 51.1 51.2 51.3 51.4 51.5 51.6 51.7 51.8 51.9 51.10 51.11 51.12 51.13 51.14 51.15 51.16 51.17 51.18 51.19 51.20 51.21 51.22 51.23 51.24 51.25 51.26 51.27 51.28 51.29 51.30
52.1 52.2 52.3 52.4 52.5 52.6 52.7 52.8 52.9 52.10 52.11 52.12 52.13 52.14 52.15 52.16
52.17 52.18 52.19 52.20 52.21 52.22 52.23
52.24 52.25 52.26 52.27 52.28 52.29 52.30 52.31 53.1 53.2 53.3 53.4 53.5 53.6 53.7 53.8 53.9 53.10 53.11 53.12 53.13 53.14 53.15 53.16 53.17 53.18 53.19 53.20 53.21 53.22 53.23 53.24 53.25 53.26 53.27 53.28 53.29 53.30 53.31 53.32 53.33 54.1 54.2 54.3 54.4 54.5 54.6 54.7 54.8 54.9 54.10 54.11 54.12
54.13 54.14 54.15 54.16 54.17 54.18 54.19 54.20 54.21 54.22 54.23 54.24
54.25 54.26 54.27 54.28 54.29 54.30 54.31 55.1 55.2 55.3 55.4 55.5 55.6 55.7 55.8 55.9 55.10 55.11 55.12 55.13 55.14 55.15
55.16 55.17 55.18 55.19 55.20 55.21
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55.24 55.25 55.26 55.27 55.28 55.29 55.30 55.31 56.1 56.2
56.3 56.4
56.5 56.6 56.7 56.8 56.9 56.10 56.11 56.12 56.13 56.14
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56.17 56.18 56.19 56.20 56.21 56.22 56.23 56.24 56.25 56.26 56.27 56.28 56.29 56.30 57.1 57.2
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57.21
57.22 57.23 57.24 57.25 57.26 57.27 57.28 57.29 57.30 57.31 58.1 58.2
58.3 58.4
58.5 58.6 58.7 58.8 58.9 58.10 58.11 58.12 58.13 58.14 58.15 58.16 58.17 58.18 58.19 58.20 58.21 58.22 58.23 58.24 58.25 58.26
58.27 58.28
59.1 59.2 59.3 59.4 59.5 59.6 59.7 59.8 59.9 59.10 59.11 59.12 59.13 59.14 59.15 59.16 59.17 59.18 59.19 59.20 59.21 59.22 59.23 59.24 59.25 59.26 59.27 59.28 59.29 59.30 59.31 59.32 59.33 60.1 60.2 60.3 60.4 60.5 60.6 60.7 60.8 60.9 60.10 60.11 60.12 60.13 60.14 60.15 60.16 60.17 60.18 60.19 60.20 60.21 60.22 60.23 60.24 60.25 60.26 60.27 60.28 60.29 60.30 60.31 60.32 61.1 61.2 61.3 61.4 61.5 61.6 61.7 61.8 61.9 61.10 61.11 61.12 61.13 61.14 61.15 61.16 61.17 61.18 61.19 61.20 61.21 61.22 61.23 61.24 61.25 61.26 61.27 61.28 61.29 61.30 61.31
61.32 61.33
62.1 62.2 62.3 62.4 62.5 62.6 62.7
62.8 62.9
62.10 62.11 62.12 62.13 62.14 62.15 62.16 62.17 62.18 62.19 62.20
62.21 62.22 62.23 62.24 62.25 62.26 62.27 62.28 62.29 62.30 62.31 62.32 62.33 63.1 63.2 63.3 63.4 63.5 63.6 63.7 63.8 63.9 63.10 63.11 63.12 63.13 63.14 63.15 63.16 63.17 63.18 63.19 63.20
63.21 63.22 63.23 63.24 63.25 63.26 63.27 63.28 63.29 63.30 63.31 63.32 64.1 64.2 64.3 64.4 64.5 64.6
64.7 64.8 64.9 64.10 64.11 64.12 64.13 64.14 64.15 64.16 64.17 64.18 64.19 64.20 64.21 64.22 64.23 64.24 64.25 64.26 64.27 64.28 64.29 64.30 65.1 65.2 65.3 65.4 65.5 65.6 65.7 65.8 65.9 65.10 65.11 65.12 65.13
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67.17 67.18
A bill for an act
relating to state government; making technical and policy changes to legislative
coordinating commission, legislative auditor, state budget, operation and
maintenance of state buildings, canine management, state central motor pool, and
state historic preservation office; establishing the Capitol flag program; making
information technology changes including changing the name of the Office of
MN.IT Services; making technical and policy changes to various election and
campaign finance provisions including provisions related to elections
administration, voting, absentee voting, candidates, ballots, recounts, noncampaign
disbursements, public officials, and economic interest statements; modifying
provisions to the financing of campaigns for Hennepin County elections and for
certain political subdivisions in Hennepin County; appropriating money for veterans
homes in Preston, Montevideo, and Bemidji; amending Minnesota Statutes 2020,
sections 3.302, subdivision 3; 3.303, subdivision 1; 3.971, subdivision 2, by adding
a subdivision; 3.972, subdivisions 2, 2a; 3.978, subdivision 2; 3.979, subdivision
3; 10A.01, subdivisions 4, 7, 9, 11, 16a, 17c, 18, 20, 26, 27, 28, 35, by adding a
subdivision; 10A.09, subdivisions 1, 2, 5, 6, by adding a subdivision; 10A.12,
subdivisions 1, 2; 10A.121, subdivision 2; 10A.13, subdivision 1; 10A.14, by
adding a subdivision; 10A.17, subdivision 4; 10A.20, subdivisions 3, 6a, 13, by
adding a subdivision; 10A.27, subdivision 13; 10A.275, subdivision 1; 10A.323;
15.01; 16A.152, subdivision 2; 16B.24, subdivision 1; 16B.2975, by adding a
subdivision; 16B.48, subdivision 2; 16B.54, subdivisions 1, 2; 16E.01; 16E.016;
16E.02; 16E.03, subdivisions 1, 2, 3, 6; 16E.036; 16E.04, subdivision 3; 16E.0465,
subdivision 2; 16E.05, subdivision 1; 16E.07, subdivision 12; 16E.21, subdivision
2; 97A.057, subdivision 1; 138.081, subdivisions 1, 2; 138.31, by adding a
subdivision; 138.34; 138.40; 138.666; 138.667; 138.763, subdivision 1; 203B.01,
subdivision 3; 203B.04, subdivision 1; 203B.12, subdivision 7; 203B.121,
subdivisions 2, 4; 203B.24, subdivision 1; 204B.09, subdivision 3; 204B.36,
subdivision 2; 204C.05, subdivisions 1a, 1b; 204C.21, subdivision 1; 204C.27;
204C.36, subdivision 1; 204D.08, subdivision 4; 204D.13, subdivision 1; 204D.195;
204D.27, subdivision 5; 204D.28, subdivisions 9, 10; 206.805, subdivision 1;
206.89, subdivisions 4, 5; 206.90, subdivision 6; 207A.13; 207A.14, subdivision
3; 349.151, subdivision 2; 367.25, subdivision 1; 383B.041; 412.02, subdivision
2a; proposing coding for new law in Minnesota Statutes, chapter 16B; repealing
Minnesota Statutes 2020, sections 3.972, subdivisions 2c, 2d; 10A.15, subdivision
6; 16E.0466, subdivision 1; 16E.05, subdivision 3; 16E.071; 16E.145; 116O.03,
subdivision 9; 116O.04, subdivision 3; 383B.042; 383B.043; 383B.044; 383B.045;
383B.046; 383B.047; 383B.048; 383B.049; 383B.05; 383B.051; 383B.052;
383B.053; 383B.054; 383B.055; 383B.056; 383B.057.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
STATE GOVERNMENT POLICY
Section 1.
Minnesota Statutes 2020, section 3.302, subdivision 3, is amended to read:
Subd. 3.
State documents.
The library is a depository of all documents published by
the state and shall receive them automatically without costnew text begin to the legislature or librarynew text end . As
used in this chapter, "document" includes any publication issued by the state, constitutional
officers, departments, commissions, councils, bureaus, research centers, societies, task
forces, including advisory task forces created under section 15.014 or 15.0593, or other
agencies supported by state funds, or any publication prepared for the state by private
individuals or organizations considered to be of interest or value to the library. Intraoffice
or interoffice memos and forms and information concerning only the internal operation of
an agency are not included.
Sec. 2.
Minnesota Statutes 2020, section 3.303, subdivision 1, is amended to read:
Subdivision 1.
Purpose.
The Legislative Coordinating Commission is created to
coordinate the legislative activities of the senate and house of representativesnew text begin and the joint
legislative commissions, committees, offices, and task forcesnew text end .
Sec. 3.
Minnesota Statutes 2020, section 3.971, subdivision 2, is amended to read:
Subd. 2.
Staff; compensation.
(a) The legislative auditor shall establish a Financial
Audits Division and a Program Evaluation Division to fulfill the duties prescribed in this
section.
(b) Each division may be supervised by a deputy auditor, appointed by the legislative
auditor, with the approval of the commission, for a term coterminous with the legislative
auditor's term. The deputy auditors may be removed before the expiration of their terms
only for cause. The legislative auditor and deputy auditors may each appoint deleted text begin a confidential
secretarydeleted text end new text begin an administrative support specialistnew text end to serve at pleasure. The salaries and benefits
of the legislative auditor, deputy auditorsnew text begin ,new text end and deleted text begin confidential secretariesdeleted text end new text begin administrative support
specialistsnew text end shall be determined by the compensation plan approved by the Legislative
Coordinating Commission. The deputy auditors may perform and exercise the powers,
duties and responsibilities imposed by law on the legislative auditor when authorized by
the legislative auditor.
deleted text begin
(c) The legislative auditor must appoint a fiscal oversight officer with duties that include
performing the review under section 3.972, subdivision 4.
deleted text end
deleted text begin (d)deleted text end new text begin (c)new text end Thenew text begin legislative auditor,new text end deputy auditorsnew text begin ,new text end and deleted text begin the confidential secretariesdeleted text end new text begin
administrative support specialists shallnew text end serve in the unclassified civil service, but deleted text begin the fiscal
oversight officer anddeleted text end all other employees of the legislative auditor deleted text begin aredeleted text end new text begin shall servenew text end in the
classified civil service. Compensation for employees of the legislative auditor in the classified
service shall be governed by a plan prepared by the legislative auditor and approved by the
Legislative Coordinating Commission and the legislature under section 3.855, subdivision
3.
deleted text begin (e)deleted text end new text begin (d)new text end While in office, a person appointed deputy for the Financial Audit Division must
hold an active license as a certified public accountant.
new text begin
(e) Notwithstanding Minnesota Statutes, section 43A.32, subdivisions 2 and 3, or any
other law to the contrary, an employee of the legislative auditor is prohibited from being a
candidate for a partisan elected public office.
new text end
Sec. 4.
Minnesota Statutes 2020, section 3.971, is amended by adding a subdivision to
read:
new text begin Subd. 8a. new text end
new text begin Special reviews. new text end
new text begin
The legislative auditor may conduct a special review to: (1)
fulfill a legal requirement; (2) investigate allegations that an individual or organization
subject to audit by the legislative auditor may not have complied with legal requirements
related to the use of public money, other public resources, or government data classified as
not public; (3) respond to a legislative request for a review of an organization or program
subject to audit by the legislative auditor; or (4) investigate allegations that an individual
may not have complied with section 43A.38 or 43A.39.
new text end
Sec. 5.
Minnesota Statutes 2020, section 3.972, subdivision 2, is amended to read:
Subd. 2.
Audits of state and semistate agencies.
The legislative auditor shall deleted text begin make a
constantdeleted text end new text begin , as resources permit,new text end audit deleted text begin of alldeleted text end new text begin thenew text end financial deleted text begin affairsdeleted text end new text begin activitiesnew text end ofnew text begin (1)new text end all departments
deleted text begin anddeleted text end new text begin ,new text end agencies deleted text begin ofdeleted text end new text begin , offices, and other organizations innew text end the statedeleted text begin ,deleted text end new text begin executive branch; (2) courts,
offices, and other organizations in the state judicial branch;new text end and deleted text begin of the financial records and
transactions ofdeleted text end new text begin (3) new text end public boards, associations, deleted text begin anddeleted text end societiesnew text begin ,new text end new text begin and other public organizations
created by state law ornew text end supported, wholly or in part, by state funds. deleted text begin Once in each year, if
funds and personnel permit, without previous notice,deleted text end The legislative auditor shall deleted text begin visit each
state department and agency, association or society and, so far as practicable,
deleted text end
deleted text begin
(1) inspect;
deleted text end
deleted text begin
(2) thoroughly examine its books and accounts, verifying the funds, securities, and other
assets;
deleted text end
deleted text begin
(3) check the items of receipts and disbursements with its voucher records;
deleted text end
deleted text begin
(4) ascertain the character of the official bonds for its officers and the financial ability
of the bonding institution;
deleted text end
deleted text begin
(5) inspect its sources of revenue and the use and disposition of state appropriations and
property;
deleted text end
deleted text begin
(6) investigate the methods of purchase and sale and the character of contracts on public
account;
deleted text end
deleted text begin
(7) ascertain proper custody and depository for its funds and securities;
deleted text end
deleted text begin
(8) verify the inventory of public property and other assets held in trust; and
deleted text end
deleted text begin (9)deleted text end ascertain that all financial transactions and operations involving the public funds and
property of the state comply with the spirit and purpose of the law, are sound by modern
standards of financial managementnew text begin ,new text end and are for the best protection of deleted text begin thedeleted text end public deleted text begin interestdeleted text end new text begin
funds and other public resourcesnew text end .
Sec. 6.
Minnesota Statutes 2020, section 3.972, subdivision 2a, is amended to read:
Subd. 2a.
Audits of Department of Human Services.
deleted text begin (a)deleted text end To ensure deleted text begin continuousdeleted text end new text begin effectivenew text end
legislative oversight and accountability, the legislative auditor shall give high priority to
auditing the programs, services, and benefits administered by the Department of Human
Services. deleted text begin The audits shall determine whetherdeleted text end new text begin As resources permit, the legislative auditor
shall track and assess expenditures throughout the human service delivery system, fromnew text end the
department deleted text begin offereddeleted text end new text begin to the point of service deliverynew text end new text begin , and determine whether human servicesnew text end
programs deleted text begin and provideddeleted text end new text begin ,new text end servicesnew text begin ,new text end and benefitsnew text begin are being provided cost-effectively andnew text end only
to eligible deleted text begin personsdeleted text end new text begin individualsnew text end and organizationsdeleted text begin , and complieddeleted text end new text begin in compliancenew text end with applicable
legal requirements.
deleted text begin
(b) The legislative auditor shall, based on an assessment of risk and using professional
standards to provide a statistically significant sample, no less than three times each year,
test a representative sample of persons enrolled in a medical assistance program or
MinnesotaCare to determine whether they are eligible to receive benefits under those
programs. The legislative auditor shall report the results to the commissioner of human
services and recommend corrective actions. The commissioner shall provide a response to
the legislative auditor within 20 business days, including corrective actions to be taken to
address any problems identified by the legislative auditor and anticipated completion dates.
The legislative auditor shall monitor the commissioner's implementation of corrective actions
and periodically report the results to the Legislative Audit Commission and the chairs and
ranking minority members of the legislative committees with jurisdiction over health and
human services policy and finance. The legislative auditor's reports to the commission and
the chairs and ranking minority members must include recommendations for any legislative
actions needed to ensure that medical assistance and MinnesotaCare benefits are provided
only to eligible persons.
deleted text end
Sec. 7.
Minnesota Statutes 2020, section 3.978, subdivision 2, is amended to read:
Subd. 2.
Inquiry and inspection power; duty to aid legislative auditor.
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
times afford reasonable facilities for examinations by the legislative auditor, make returns
and reports required by the legislative auditor, attend and answer under oath the legislative
auditor's lawful inquiries, produce and exhibit all books, accounts, documents, data of any
classification, and property that the legislative auditor deleted text begin may needdeleted text end new text begin requestsnew text end to inspect, and in
all things deleted text begin aiddeleted text end new text begin cooperate withnew text end the legislative auditor deleted text begin in the performance of dutiesdeleted text end .
Sec. 8.
Minnesota Statutes 2020, section 3.979, subdivision 3, is amended to read:
Subd. 3.
Audit data.
(a) "Audit" as used in this subdivision means a financial audit,
deleted text begin review,deleted text end program evaluation, deleted text begin best practicesdeleted text end new text begin specialnew text end review, or investigation. Data relating to
an audit are not public or with respect to data on individuals are confidential 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.
(b) Data related to an audit but not published in the audit report and that the legislative
auditor reasonably believes will be used in litigation are not public and with respect to data
on individuals are confidential until the litigation has been completed or is no longer being
actively pursued.
(c) Data deleted text begin on individualsdeleted text end that could reasonably be used to determine the identity of an
individual supplying data for an audit are private if the data supplied by the individual were
needed for an audit and the individual would not have provided the data to the legislative
auditor without an assurance that the individual's identity would remain private, or the
legislative auditor reasonably believes that the subject would not have provided the data.
(d) The definitions of terms provided in section 13.02 apply for purposes of this
subdivision.
Sec. 9.
Minnesota Statutes 2020, section 16A.152, subdivision 2, is amended to read:
Subd. 2.
Additional revenues; priority.
(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
$1,596,522,000;
(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;
(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 amount;new text begin and
new text end
deleted text begin
(5) the clean water fund established in section 114D.50 until $22,000,000 has been
transferred into the fund; and
deleted text end
deleted text begin (6)deleted text end new text begin (5)new text end 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.
(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.
deleted text begin
(d) Paragraph (a), clause (5), expires after the entire amount of the transfer has been
made.
deleted text end
Sec. 10.
Minnesota Statutes 2020, section 16B.24, subdivision 1, is amended to read:
Subdivision 1.
Operation and maintenance of buildings.
The commissioner is
authorized to maintain and operate the State Capitol building and grounds, subject to whatever
standards and policies are set for its appearance and cleanliness by the Capitol Area
Architectural and Planning Board and the commissioner under section 15B.15, subdivision
2, and all other buildings, cafeterias, and grounds in state-owned buildings in the Capitol
Area under section 15B.02, the state Department of Public Safety, Bureau of Criminal
Apprehension building in St. Paul, deleted text begin the state Department of Health building in Minneapolis,
321 Grove Street buildingsdeleted text end new text begin 603 Pine Street buildingnew text end in St. Paul,new text begin Fleet and Surplus Services
building in Arden Hills, Ely Revenue building,new text end any other properties acquired by the
Department of Administration, and, when the commissioner considers it advisable and
practicable, any other building or premises owned or rented by the state for the use of a
state agency. The commissioner shall assign and reassign office space in the Capitol and
state buildings to make an equitable division of available space among agencies. The
commissioner shall regularly update the long-range strategic plan for locating agencies and
shall follow the plan in assigning and reassigning space to agencies. The plan must include
locational and urban design criteria, a cost-analysis method to be used in weighing state
ownership against leasing of space in specific instances, and a transportation management
plan. If the commissioner determines that a deviation from the plan is necessary or desirable
in a specific instance, the commissioner shall provide the legislature with a timely written
explanation of the reasons for the deviation. The power granted in this subdivision does not
apply to state hospitals or to educational, penal, correctional, or other institutions not
enumerated in this subdivision the control of which is vested by law in some other agency.
Sec. 11.
new text begin
[16B.276] CAPITOL FLAG PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) The terms used in this section have the meanings given
them.
new text end
new text begin
(b) "Active service" has the meaning given in section 190.05, subdivision 5.
new text end
new text begin
(c) "Eligible family member" means a surviving spouse, parent or legal guardian, child,
or sibling of (1) a public safety officer killed in the line of duty, or (2) a person who has
died while serving honorably in active service in the United States armed forces. For purposes
of this section, an eligibility relationship may be established by birth or adoption.
new text end
new text begin
(d) "Killed in the line of duty" has the meaning given in section 299A.41, subdivision
3.
new text end
new text begin
(e) "Public safety officer" has the meaning given in section 299A.41, subdivision 4.
new text end
new text begin Subd. 2. new text end
new text begin Establishment. new text end
new text begin
A Capitol flag program is established. The purpose of the
program is to make a Minnesota state flag and an American flag that were flown over the
Minnesota State Capitol available to the family members of a public safety officer killed
in the line of duty or a member of the United States armed forces who died while in active
service. In addition to appropriations provided by law, the commissioner of management
and budget may receive gifts to support the program as authorized in sections 16A.013 to
16A.016. The program established by this section is required only to the extent that sufficient
funds are available through appropriations or gifts to support its operations.
new text end
new text begin Subd. 3. new text end
new text begin Submission of request; presentation. new text end
new text begin
(a) A flag request may only be made
by a legislator or state constitutional officer on behalf of an eligible family member after
verification of the family member's eligibility under the procedures adopted under subdivision
4. The request must be made to the commissioner of administration, and must indicate the
type of flag requested, a certification that the family member's eligibility has been verified,
special requests for the date the flag is requested to be flown over the Capitol, and the
method of presentment. The commissioner may adopt a form to be used for this purpose.
With at least 30 days' notice, the commissioner must honor a request that a flag be flown
on a specific commemorative date.
new text end
new text begin
(b) Upon receipt of a request, the commissioner shall deliver the requested flags to the
requesting legislator or constitutional officer for coordination of a later presentment
ceremony. If relevant information is made available, the commissioner shall provide a
certificate memorializing the details of the occasion and the date the flag was flown with
each flag presented.
new text end
new text begin Subd. 4. new text end
new text begin Verification of eligibility. new text end
new text begin
The house of representatives, the senate, and each
constitutional officer must adopt procedures for the administration of flag requests received
from eligible family members, including a procedure for verification of a family member's
eligibility to receive a flag.
new text end
new text begin Subd. 5. new text end
new text begin Eligibility; fees. new text end
new text begin
(a) For deaths that occur on or after August 1, 2021, the family
of a public safety officer killed in the line of duty or service member of the United States
armed forces who died in active service is entitled to receive one United States flag and one
Minnesota state flag free of charge under this section. If multiple flags of the same type are
requested to be flown in honor of the same decedent, the commissioner may charge a
reasonable fee that does not exceed the actual cost of flying each flag and preparing a
certificate memorializing the occasion.
new text end
new text begin
(b) For deaths that occurred before August 1, 2021, the family of a public safety officer
killed in the line of duty or service member of the United States armed forces who died in
active service may receive a Minnesota state flag and a United States flag for a fee, unless
there are donated, nonstate funds available to provide a flag without a fee. If payment of a
fee is required under this paragraph, the commissioner may charge an eligible family an
amount that does not exceed the actual cost of flying each flag and preparing a certificate
memorializing the occasion.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2021.
new text end
Sec. 12.
Minnesota Statutes 2020, section 16B.2975, is amended by adding a subdivision
to read:
new text begin Subd. 8. new text end
new text begin Canine management. new text end
new text begin
The commissioner may give and convey to a canine's
handler the state's entirety of the right, title, interest, and estate in and to a canine who is
retired from service, with whom the handler trained and worked while the canine was in
service to the state. The handler is solely responsible for all future expenses related to the
retired canine.
new text end
Sec. 13.
Minnesota Statutes 2020, section 16B.48, subdivision 2, is amended to read:
Subd. 2.
Purpose of funds.
Money in the state treasury credited to the general services
revolving fund and money that is deposited in the fund is appropriated annually to the
commissioner for the following purposes:
(1) to operate the central mailing service, including purchasing postage and related items
and refunding postage deposits;
(2) to operate a documents service as prescribed by section 16B.51;
(3) to provide services for the maintenance, operation, and upkeep of buildings and
grounds managed by the commissioner of administration;
deleted text begin
(4) to operate a materials handling service, including interagency mail and product
delivery, solid waste removal, courier service, equipment rental, and vehicle and equipment
maintenance;
deleted text end
deleted text begin (5)deleted text end new text begin (4)new text end to provide analytical, statistical, and organizational development services to state
agencies, local units of government, metropolitan and regional agencies, and school districts;new text begin
and
new text end
deleted text begin (6)deleted text end new text begin (5)new text end to perform services for any other agency. Money may be expended for this purpose
only when directed by the governor. The agency receiving the services shall reimburse the
fund for their cost, and the commissioner shall make the appropriate transfers when requested.
The term "services" as used in this clause means compensation paid officers and employees
of the state government; supplies, materials, equipment, and other articles and things used
by or furnished to an agency; and utility services and other services for the maintenance,
operation, and upkeep of buildings and offices of the state governmentdeleted text begin ; anddeleted text end new text begin .
new text end
deleted text begin
(7) to operate a state recycling center.
deleted text end
Sec. 14.
Minnesota Statutes 2020, section 16B.54, subdivision 1, is amended to read:
Subdivision 1.
Motor pools.
The commissioner shall manage a central motor pool of
passenger motor vehicles and trucks used by state agencies with principal offices in the city
of St. Paul and may provide for branch central motor pools at other places within the state.
For purposes of this section, (1) "agencies" includes the Minnesota State Colleges and
Universities, deleted text begin anddeleted text end (2) new text begin "passenger motor vehicle" means on-road vehicle capable of transporting
people, and (3) new text end "truck" means a pickup or panel truck up to one ton carrying capacity.
Sec. 15.
Minnesota Statutes 2020, section 16B.54, subdivision 2, is amended to read:
Subd. 2.
Vehicles.
(a) The commissioner may direct an agency to make a transfer of a
passenger motor vehicle or truck currently assigned to it. The transfer must be made to the
commissioner for use in the central motor pool. The commissioner shall reimburse an agency
whose motor vehicles have been paid for with funds dedicated by the constitution for a
special purpose and which are assigned to the central motor pool. The amount of
reimbursement for a motor vehicle is its average wholesale price as determined from the
midwest edition of the National Automobile Dealers Association official used car guide.
(b) To the extent that funds are available for the purpose, the commissioner may purchase
or otherwise acquire additional passenger motor vehicles and trucks necessary for the central
motor pool. The title to all motor vehicles assigned to or purchased or acquired for the
central motor pool is in the name of the Department of Administration.
(c) On the request of an agency, the commissioner may transfer to the central motor
pool any passenger motor vehicle or truck for the purpose of disposing of it. The department
or agency transferring the vehicle or truck must be paid for it from the motor pool revolving
account established by this section in an amount equal to two-thirds of the average wholesale
price of the vehicle or truck as determined from the midwest edition of the National
Automobile Dealers Association official used car guide.
(d) The commissioner shall provide for the uniform marking of all motor vehicles. Motor
vehicle colors must be selected from the regular color chart provided by the manufacturer
each year. The commissioner may further provide for the use of motor vehicles without
marking by:
(1) the governor;
(2) the lieutenant governor;
(3) the Division of Criminal Apprehension, the Division of Alcohol and Gambling
Enforcement, and arson investigators of the Division of Fire Marshal in the Department of
Public Safety;
(4) the Financial Institutions Division and investigative staff of the Department of
Commerce;
(5) the Division of Disease Prevention and Control of the Department of Health;
(6) the State Lottery;
(7) criminal investigators of the Department of Revenue;
(8) state-owned community service facilities in the Department of Human Services;
(9) the Office of the Attorney General; deleted text begin and
deleted text end
(10) the investigative staff of the Gambling Control Boarddeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(11) the Department of Corrections inmate community work crew program under section
352.91, subdivision 3g.
new text end
Sec. 16.
Minnesota Statutes 2020, section 138.081, subdivision 1, is amended to read:
Subdivision 1.
Department of Administration as agency to accept federal funds.
The
Department of Administration is hereby designated the state agency with power to accept
any and all money provided for or made available to this state by the United States of
America or any department or agency thereof for surveys, restoration, construction,
equipping, or other purposes relating to the State Historic deleted text begin sitesdeleted text end new text begin Preservationnew text end Program in
accordance with the provisions of federal law and any rules or regulations promulgated
thereunder and are further authorized to do any and all things required of this state by such
federal law and the rules and regulations promulgated thereunder in order to obtain such
federal money.
Sec. 17.
Minnesota Statutes 2020, section 138.081, subdivision 2, is amended to read:
Subd. 2.
Commissioner's responsibilities.
The commissioner new text begin as the state historic
preservation officer new text end shall be responsible for the preparation, implementation and
administration of the State Historic Preservation Plan and shall administer the State Historic
Preservation Program authorized by the National Historic Preservation Act (United States
Code, title deleted text begin 16deleted text end new text begin 54new text end , section deleted text begin 470deleted text end new text begin 300101new text end et seq. deleted text begin as amendeddeleted text end ). The commissioner shall review
and approve in writing all grants-in-aid for architectural, archaeological and historic
preservation made by state agencies and funded by the state or a combination of state and
federal funds in accordance with the State Historic Preservation Program.
Sec. 18.
Minnesota Statutes 2020, section 138.31, is amended by adding a subdivision to
read:
new text begin Subd. 13a. new text end
new text begin State Historic Preservation Office. new text end
new text begin
"State Historic Preservation Office"
means the State Historic Preservation Office at the Department of Administration.
new text end
Sec. 19.
Minnesota Statutes 2020, section 138.34, is amended to read:
138.34 ADMINISTRATION OF THE ACT.
The state archaeologist shall act as the agent of the state to administer and enforce the
provisions of sections 138.31 to 138.42. Some enforcement provisions are shared with the
societynew text begin and the State Historic Preservation Officenew text end .
Sec. 20.
Minnesota Statutes 2020, section 138.40, is amended to read:
138.40 COOPERATION OF STATE AGENCIES; DEVELOPMENT PLANS.
Subdivision 1.
Cooperation.
The Department of Natural Resources, the Department of
Transportation, and all other state agencies whose activities may be affected, shall cooperate
with the historical societynew text begin , the State Historic Preservation Office,new text end and the state archaeologist
to carry out the provisions of sections 138.31 to 138.42 and the rules issued thereunder, but
sections 138.31 to 138.42 are not meant to burden persons who wish to use state property
for recreational and other lawful purposes or to unnecessarily restrict the use of state property.
Subd. 2.
Compliance, enforcement, preservation.
State and other governmental agencies
shall comply with and aid in the enforcement of provisions of sections 138.31 to 138.42.
Conservation officers and other enforcement officers of the Department of Natural Resources
shall enforce the provisions of sections 138.31 to 138.42 and report violations to the deleted text begin director
of the societydeleted text end new text begin state archeologistnew text end . When archaeological or historic sites are known or, based
on scientific investigations are predicted to exist on public lands or waters, the agency or
department controlling said lands or waters shall use the professional services of
archaeologists from the University of Minnesota, Minnesota Historical Society, or other
qualified professional archaeologists, to preserve these sites. In the event that archaeological
excavation is required to protect or preserve these sites, state and other governmental agencies
may use their funds for such activities.
Subd. 3.
Review of plans.
When significant archaeological or historic sites are known
or, based on scientific investigations, are predicted to exist on public lands or waters, the
agency or department controlling said lands or waters shall submit construction or
development plans to the state archaeologist and the deleted text begin director of the societydeleted text end new text begin State Historic
Preservation Officenew text end for review prior to the time bids are advertised. The state archaeologist
and the deleted text begin societydeleted text end new text begin State Historic Preservation Officenew text end shall promptly review such plans and
within 30 days of receiving the plans shall make recommendations for the preservation of
archaeological or historic sites which may be endangered by construction or development
activities. When archaeological or historic sites are related to Indian history or religion, the
state archaeologist shall submit the plans to the Indian Affairs Council for the council's
review and recommend action.
Sec. 21.
Minnesota Statutes 2020, section 138.666, is amended to read:
138.666 COOPERATION.
The state, state departments and agencies, political subdivisions, and the Board of Regents
of the University of Minnesota shall cooperate with the Minnesota Historical Societynew text begin and
the State Historic Preservation Officenew text end in safeguarding state historic sites and in the
preservation of historic and archaeological properties.
Sec. 22.
Minnesota Statutes 2020, section 138.667, is amended to read:
138.667 HISTORIC PROPERTIES; CHANGES.
Properties designated as historic properties by sections 138.661 to 138.664 may be
changed from time to time, and the Minnesota Historical Society new text begin and the State Historic
Preservation Office new text end shall notify the legislature of the need for changes, and shall make
recommendations to keep the state historic sites network and the state register of historic
places current and complete. The significance of properties proposed for designation new text begin under
section 138.663, subdivision 2, new text end shall be documented under the documentation standards
established by the deleted text begin Minnesota Historical Society. Thisdeleted text end new text begin State Historic Preservation Office.new text end
Documentation shall include the opinion of the Minnesota Historical Society new text begin for the historic
sites network under section 138.661, subdivision 3, and the State Historic Preservation
Office for the state register of historic places under section 138.663, subdivision 2, new text end as to
whether the property meets the selection criteria.
Sec. 23.
Minnesota Statutes 2020, section 138.763, subdivision 1, is amended to read:
Subdivision 1.
Membership.
There is a St. Anthony Falls Heritage Board consisting of
22 members with the director of the Minnesota Historical Society as chair. The members
include the mayor; the chair of the Hennepin County Board of Commissioners or the chair's
designee; the president of the Minneapolis Park and Recreation Board or the president's
designee; the superintendent of the park board; two members each from the house of
representatives appointed by the speaker, the senate appointed by the Rules Committee, the
city council, the Hennepin County Board, and the park board; one member each from the
preservation commission, the new text begin State Historic new text end Preservation Office, Hennepin County Historical
Society, and the society; one person appointed by the park board; and two persons appointed
by the chair of the board.
Sec. 24.
Minnesota Statutes 2020, section 349.151, subdivision 2, is amended to read:
Subd. 2.
Membership.
(a) The board consists of seven members, as follows: (1) five
members appointed by the governor; (2) one member appointed by the commissioner of
public safety; and (3) one member appointed by the attorney general.
(b) All appointments under this subdivision are with the advice and consent of the senate.
(c) deleted text begin After expiration of the initial terms,deleted text end Appointments are for four years.new text begin A member may
continue holding office until a successor is appointed unless, prior to the expiration of the
member's term, the appointing authority notifies the board that a member's appointment
may not be extended.
new text end
(d) The board shall select one of its members to serve as chair. No more than three
members appointed by the governor under this subdivision may belong to the same political
party.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 25. new text begin APPROPRIATION; VETERANS AFFAIRS.
new text end
new text begin
All federal funds received in fiscal years 2021 to 2023 to construct, equip, and furnish
veterans homes in Preston, Montevideo, and Bemidji are appropriated to the commissioner
of veterans affairs to be spent in accordance with the requirements of the federal award.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 26. new text begin REVISOR INSTRUCTION.
new text end
new text begin
The revisor of statutes shall change "central motor pool" to "enterprise fleet" wherever
the term appears in Minnesota Statutes.
new text end
Sec. 27. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2020, section 3.972, subdivisions 2c and 2d,
new text end
new text begin
are repealed.
new text end
ARTICLE 2
INFORMATION TECHNOLOGY
Section 1.
Minnesota Statutes 2020, section 15.01, is amended to read:
15.01 DEPARTMENTS OF THE STATE.
The following agencies are designated as the departments of the state government: the
Department of Administration; the Department of Agriculture; the Department of Commerce;
the Department of Corrections; the Department of Education; the Department of Employment
and Economic Development; the Department of Health; the Department of Human Rights;new text begin
the Department of Information Technology Services;new text end the Department of Iron Range
Resources and Rehabilitation; the Department of Labor and Industry; the Department of
Management and Budget; the Department of Military Affairs; the Department of Natural
Resources; the Department of Public Safety; the Department of Human Services; the
Department of Revenue; the Department of Transportation; the Department of Veterans
Affairs; and their successor departments.
Sec. 2.
Minnesota Statutes 2020, section 16E.01, is amended to read:
16E.01 deleted text begin OFFICE OF MN.ITdeleted text end new text begin DEPARTMENT OF INFORMATION TECHNOLOGYnew text end
SERVICES.
Subdivision 1.
Creation; chief information officer.
The deleted text begin Office of MN.ITdeleted text end new text begin Department
of Information Technology Services, which may also be known as Minnesota Information
Technology Services or Minnesota ITnew text end Services, referred to in this chapter as the deleted text begin "office,"deleted text end new text begin
"department,"new text end is an agency in the executive branch headed by a commissioner, who also is
the deleted text begin statedeleted text end chief information officer. The appointment of the commissioner is subject to the
advice and consent of the senate under section 15.066.
Subd. 1a.
Responsibilities.
The deleted text begin officedeleted text end new text begin departmentnew text end shall provide oversight, leadership,
and direction for information and telecommunications technology policy and the
management, delivery, accessibility, and security of new text begin executive branch new text end information and
telecommunications technology systems and services in Minnesota. The deleted text begin officedeleted text end new text begin departmentnew text end
shall manage strategic investments in information and telecommunications technology
systems and services deleted text begin to encourage the development of a technically literate society,deleted text end to ensure
sufficient access to and efficient delivery of accessible government servicesdeleted text begin ,deleted text end and to maximize
benefits for the state government as an enterprise.
Subd. 2.
Discretionary powers.
The deleted text begin officedeleted text end new text begin departmentnew text end may:
(1) enter into contracts for goods or services with public or private organizations and
charge fees for services it provides;
(2) apply for, receive, and expend money from public agencies;
(3) apply for, accept, and disburse grants and other aids from the federal government
and other public or private sources;
(4) enter into contracts with agencies of the federal government, local governmental
units, the University of Minnesota and other educational institutions, and private persons
and other nongovernmental organizations as necessary to perform its statutory duties;
(5) sponsor and conduct conferences and studies, collect and disseminate information,
and issue reports relating to information and communications technology issues;
(6) review the technology infrastructure of regions of the state and cooperate with and
make recommendations to the governor, legislature, state agencies, local governments, local
technology development agencies, the federal government, private businesses, and individuals
for the realization of information and communications technology infrastructure development
potential;
(7) sponsor, support, and facilitate innovative and collaborative economic and community
development and government services projects, including technology initiatives related to
culture and the arts, with public and private organizations; and
(8) review and recommend alternative sourcing strategies for state information and
communications systems.
Subd. 3.
Duties.
(a) The deleted text begin officedeleted text end new text begin departmentnew text end shall:
(1) manage the efficient and effective use of available federal, state, local, and
public-private resources to develop statewide information and telecommunications technology
systems and services and its infrastructure;
(2) approve state agency and intergovernmental information and telecommunications
technology systems and services development efforts involving state or intergovernmental
funding, including federal funding, provide information to the legislature regarding projects
reviewed, and recommend projects for inclusion in the governor's budget under section
16A.11;
(3) deleted text begin ensuredeleted text end new text begin promotenew text end cooperation and collaboration among state and local governments
in developing intergovernmental information and telecommunications technology systems
and servicesdeleted text begin , and define the structure and responsibilities of a representative governance
structuredeleted text end ;
(4) cooperate and collaborate with the legislative and judicial branches in the development
of information and communications systems in those branchesnew text begin , as requestednew text end ;
(5) continue the development of North Star, the state's official comprehensive online
service and information initiative;
deleted text begin
(6) promote and collaborate with the state's agencies in the state's transition to an
effectively competitive telecommunications market;
deleted text end
deleted text begin
(7) collaborate with entities carrying out education and lifelong learning initiatives to
assist Minnesotans in developing technical literacy and obtaining access to ongoing learning
resources;
deleted text end
deleted text begin (8)deleted text end new text begin (6)new text end promote and coordinate public information access and network initiatives,
consistent with chapter 13, to connect Minnesota's citizens and communities to each other,
to their governments, and to the world;
deleted text begin
(9) promote and coordinate electronic commerce initiatives to ensure that Minnesota
businesses and citizens can successfully compete in the global economy;
deleted text end
deleted text begin (10)deleted text end new text begin (7)new text end manage and promote the regular and periodic reinvestment in the information
and telecommunications technology systems and services infrastructure so that state and
local government agencies can effectively and efficiently serve their customers;
deleted text begin (11)deleted text end new text begin (8)new text end facilitate the cooperative development of and ensure compliance with standards
and policies for information and telecommunications technology systems and servicesdeleted text begin ,deleted text end new text begin andnew text end
electronic data practices and privacydeleted text begin , and electronic commerce among international, national,
state, and local public and private organizationsdeleted text end new text begin within the executive branchnew text end ;
deleted text begin (12)deleted text end new text begin (9)new text end eliminate unnecessary duplication of existing information and
telecommunications technology systems and services provided by state agencies;
deleted text begin (13)deleted text end new text begin (10)new text end identify, sponsor, develop, and execute shared information and
telecommunications technology projects and ongoing operations;
deleted text begin (14)deleted text end new text begin (11)new text end ensure overall security of the state's information and technology systems and
services; and
deleted text begin (15)deleted text end new text begin (12)new text end manage and direct compliance with accessibility standards for informational
technology, including hardware, software, websites, online forms, and online surveys.
(b) The chief information officer, in consultation with the commissioner of management
and budget, must determine when it is cost-effective for agencies to develop and use shared
information and telecommunications technology systems and services for the delivery of
electronic government services. The chief information officer may require agencies to use
shared information and telecommunications technology systems and services. The chief
information officer shall establish reimbursement rates in cooperation with the commissioner
of management and budget to be billed to agencies and other governmental entities sufficient
to cover the actual development, operating, maintenance, and administrative costs of the
shared systems. The methodology for billing may include the use of interagency agreements,
or other means as allowed by law.
(c) A state agency that has an information and telecommunications technology project
deleted text begin with a total expected project cost of more than $1,000,000deleted text end , whether funded as part of the
biennial budget or by any other means, shall register with the deleted text begin officedeleted text end new text begin departmentnew text end by submitting
basic project startup documentationdeleted text begin ,deleted text end as specified by the chief information officer in both
format and contentdeleted text begin , before any project funding is requested or committed and before the
project commencesdeleted text end . State agency project leaders must demonstrate that the project will be
properly managed, provide updates to the project documentation as changes are proposed,
and regularly report on the current status of the project on a schedule agreed to with the
chief information officer.new text begin The chief information officer has the authority to define a project
for the purposes of this chapter.
new text end
(d) The chief information officer shall monitor progress on any active information and
telecommunications technology project with a total expected project cost of more than
$5,000,000 and report on the performance of the project in comparison with the plans for
the project in terms of time, scope, and budget. The chief information officer may conduct
an independent project audit of the project. The audit analysis and evaluation of the projects
subject to paragraph (c) must be presented to agency executive sponsors, the project
governance bodies, and the chief information officer. All reports and responses must become
part of the project record.
(e) For any active information and telecommunications technology project with a total
expected project cost of more than $10,000,000, the state agency must perform an annual
independent audit that conforms to published project audit principles deleted text begin promulgateddeleted text end new text begin adoptednew text end
by the deleted text begin officedeleted text end new text begin departmentnew text end .
(f) The chief information officer shall report by January 15 of each year to the chairs
and ranking minority members of the legislative committees and divisions with jurisdiction
over the deleted text begin officedeleted text end new text begin departmentnew text end regarding projects the deleted text begin officedeleted text end new text begin departmentnew text end has reviewed under
paragraph (a), clause deleted text begin (13)deleted text end new text begin (10)new text end . The report must include the reasons for the determinations
made in the review of each project and a description of its current status.
Sec. 3.
Minnesota Statutes 2020, section 16E.016, is amended to read:
16E.016 RESPONSIBILITY FOR INFORMATION TECHNOLOGY SERVICES
AND EQUIPMENT.
(a) The chief information officer is responsible for providing or entering into managed
services contracts for the provision, improvement, and development of the following
information technology systems and services to state agencies:
(1) state data centers;
(2) mainframes including system software;
(3) servers including system software;
(4) desktops including system software;
(5) laptop computers including system software;
(6) a data network including system software;
(7) database, electronic mail, office systems, reporting, and other standard software
tools;
(8) business application software and related technical support services;
(9) help desk for the components listed in clauses (1) to (8);
(10) maintenance, problem resolution, and break-fix for the components listed in clauses
(1) to (8);
(11) regular upgrades and replacement for the components listed in clauses (1) to (8);
and
(12) network-connected output devices.
(b) All state agency employees whose work primarily involves functions specified in
paragraph (a) are employees of the deleted text begin Office of MN.IT Servicesdeleted text end new text begin Department of Information
Technology Servicesnew text end . This includes employees who directly perform the functions in
paragraph (a), as well as employees whose work primarily involves managing, supervising,
or providing administrative services or support services to employees who directly perform
these functions. The chief information officer may assign employees of the deleted text begin officedeleted text end new text begin departmentnew text end
to perform work exclusively for another state agency.
(c) Subject to sections 16C.08 and 16C.09, the chief information officer may allow a
state agency to obtain services specified in paragraph (a) through a contract with an outside
vendor when the chief information officer and the agency head agree that a contract would
provide best value, as defined in section 16C.02, under the service-level agreement. The
chief information officer must require that agency contracts with outside vendors ensure
that systems and services are compatible with standards established by the deleted text begin Office of MN.ITdeleted text end
new text begin Department of Information Technologynew text end Services.
(d) The Minnesota State Retirement System, the Public Employees Retirement
Association, the Teachers Retirement Association, the State Board of Investment, the
Campaign Finance and Public Disclosure Board, the State Lottery, and the Statewide Radio
Board are not state agencies for purposes of this section.
Sec. 4.
Minnesota Statutes 2020, section 16E.02, is amended to read:
16E.02 deleted text begin OFFICE OF MN.ITdeleted text end new text begin DEPARTMENT OF INFORMATION TECHNOLOGYnew text end
SERVICES; STRUCTURE AND PERSONNEL.
Subdivision 1.
deleted text begin Officedeleted text end new text begin Departmentnew text end management and structure.
(a) The chief
information officer is appointed by the governor. The chief information officer serves in
the unclassified service at the pleasure of the governor. The chief information officer must
have experience leading enterprise-level information technology organizations. The chief
information officer is the state's chief information officer and information and
telecommunications technology deleted text begin advisordeleted text end new text begin advisernew text end to the governor.
(b) The chief information officer may appoint other employees of the deleted text begin officedeleted text end new text begin departmentnew text end .
deleted text begin Thedeleted text end Staff of the deleted text begin officedeleted text end new text begin departmentnew text end must include individuals knowledgeable in information
and telecommunications technology systems and services and individuals with specialized
training in information security and accessibility.
deleted text begin
(c) The chief information officer may appoint a webmaster responsible for the supervision
and development of state websites under the control of the office. The webmaster, if
appointed, shall ensure that these websites are maintained in an easily accessible format
that is consistent throughout state government and are consistent with the accessibility
standards developed under section 16E.03, subdivision 9. The webmaster, if appointed,
shall provide assistance and guidance consistent with the requirements of this paragraph to
other state agencies for the maintenance of other websites not under the direct control of
the office.
deleted text end
Subd. 1a.
Accountability.
The chief information officer reports to the governor. The
chief information officer must consult regularly with deleted text begin thedeleted text end new text begin executive branch agencynew text end
commissioners deleted text begin of administration, management and budget, human services, revenue, and
other commissioners as designated by the governor,deleted text end on technology projects, standards, and
services as well as management of resources and staff utilization.
Sec. 5.
Minnesota Statutes 2020, section 16E.03, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
(a) For the purposes of this chapter, the following terms
have the meanings given them.
(b) "Information and telecommunications technology systems and services" means all
computing and telecommunications hardware and software, the activities undertaken to
secure that hardware and software, and the activities undertaken to acquire, transport, process,
analyze, store, and disseminate information electronically. "Information and
telecommunications technology systems and services" includes all proposed expenditures
for computing and telecommunications hardware and software, security for that hardware
and software, and related consulting or other professional services.
deleted text begin
(c) "Information and telecommunications technology project" means an effort to acquire
or produce information and telecommunications technology systems and services.
deleted text end
deleted text begin (d)deleted text end new text begin (c)new text end "Telecommunications" means voice, video, and data electronic transmissions
transported by wire, wireless, fiber-optic, radio, or other available transport technology.
deleted text begin (e)deleted text end new text begin (d)new text end "Cyber security" means the protection of data and systems in networks connected
to the Internet.
deleted text begin (f)deleted text end new text begin (e)new text end "State agency" means an agency in the executive branch of state government and
includes the Minnesota Office of Higher Education, but does not include the Minnesota
State Colleges and Universities unless specifically provided elsewhere in this chapter.
deleted text begin (g)deleted text end new text begin (f)new text end "Total expected project cost" includes direct staff costs, all supplemental contract
staff and vendor costs, and costs of hardware and software development or purchase.
Breaking a project into several phases does not affect the cost threshold, which must be
computed based on the full cost of all phases.
deleted text begin (h)deleted text end new text begin (g)new text end "Cloud computing" has the meaning described by the National Institute of
Standards and Technology of the United States Department of Commerce in special
publication 800-145, September 2011.
Sec. 6.
Minnesota Statutes 2020, section 16E.03, subdivision 2, is amended to read:
Subd. 2.
Chief information officer's responsibility.
The chief information officer shall:
(1) design a master plan for information and telecommunications technology systems
and services in the state deleted text begin and its political subdivisionsdeleted text end and shall report on the plan to the
governor and legislature at the beginning of each regular session;
(2) coordinate, review, and approve all information and telecommunications technology
projects and oversee the state's information and telecommunications technology systems
and services;
(3) establish and enforce compliance with standards for information and
telecommunications technology systems and services that are cost-effective and support
open systems environments and that are compatible with state, national, and international
standards, including accessibility standards;
(4) maintain a library of systems and programs developed by the state deleted text begin and its political
subdivisionsdeleted text end for use by agencies of government;
(5) direct and manage the shared operations of the state's information and
telecommunications technology systems and services; and
(6) establish and enforce standards and ensure acquisition of hardware and software
necessary to protect data and systems in state agency networks connected to the Internet.
Sec. 7.
Minnesota Statutes 2020, section 16E.03, subdivision 3, is amended to read:
Subd. 3.
Evaluation and approval.
A state agency may not undertake an information
and telecommunications technology project until it has been evaluated according to the
procedures developed under subdivision 4. The chief information officer new text begin or delegate new text end shall
give written approval of the proposed project. deleted text begin When notified by the chief information officer
that a project has not been approved, the commissioner of management and budget shall
cancel the unencumbered balance of any appropriation allotted for the project.
deleted text end
Sec. 8.
Minnesota Statutes 2020, section 16E.03, subdivision 6, is amended to read:
Subd. 6.
System development methods.
The chief information officer shall establish
and, as necessary, update and modify methods for developing information and
communications systems appropriate to the specific needs of individual state agencies. The
development methods shall be used to define the design, programming, and implementation
of systems. deleted text begin The development methods must also enable and require a data processing system
to be defined in terms of its computer programs, input requirements, output formats,
administrative procedures, and processing frequencies.
deleted text end
Sec. 9.
Minnesota Statutes 2020, section 16E.036, is amended to read:
16E.036 ADVISORY deleted text begin COMMITTEEdeleted text end new text begin COUNCILnew text end .
(a) The Technology Advisory deleted text begin Committeedeleted text end new text begin Council new text end is created to advise the new text begin governor,
executive branch, and the state new text end chief information officer. The deleted text begin committee consists ofdeleted text end new text begin council
shall consist of 15 voting members. The governor shall appointnew text end six members deleted text begin appointed by
the governordeleted text end who are individuals actively involved in business planning for state executive
branch agencies, one county member designated by the Association of Minnesota Counties,
one member appointed by the governor as a representative of a union that represents state
information technology employees, and one member appointed by the governor to represent
private businesses.new text begin The governor shall also select six additional members with private-sector
or public-sector IT experience or experience in academia pertaining to IT. The council shall
have the following four ex-officio nonvoting members:
new text end
new text begin
(1) a member of the house of representatives selected by the speaker of the house;
new text end
new text begin
(2) a member of the house of representatives selected by the minority leader of the house
of representatives;
new text end
new text begin
(3) a member of the senate selected by the majority leader of the senate; and
new text end
new text begin
(4) a member of the senate selected by the minority leader of the senate.
new text end
new text begin
The governor shall designate one of the 15 voting members to serve as the council's chair.
new text end
(b) Membership terms, removal of members, and filling of vacancies are as provided in
section 15.059. Members do not receive compensation or reimbursement for expenses.
(c) The deleted text begin committee shall select a chair from its members. Thedeleted text end chief information officer
shall provide administrative support to the deleted text begin committeedeleted text end new text begin councilnew text end .
(d) The deleted text begin committeedeleted text end new text begin councilnew text end shall advise the chief information officer on:
(1) development and implementation of the state information technology strategic plan;
(2) critical information technology initiatives for the state;
(3) standards for state information architecture;
(4) identification of business and technical needs of state agencies;
(5) strategic information technology portfolio management, project prioritization, and
investment decisions;
(6) the deleted text begin office'sdeleted text end new text begin department'snew text end performance measures and fees for service agreements with
executive branch agencies;
(7) management of the state MN.IT services revolving fund; and
(8) the efficient and effective operation of the deleted text begin officedeleted text end new text begin departmentnew text end .
Sec. 10.
Minnesota Statutes 2020, section 16E.04, subdivision 3, is amended to read:
Subd. 3.
Risk assessment and mitigation.
(a) A risk assessment and risk mitigation
plan are required for all information systems development projects undertaken by a state
agency in the executive or judicial branch or by a constitutional officer. The chief information
officer must contract with an entity outside of state government to conduct the initial
assessment and prepare the mitigation plan for a project estimated to cost more than
$5,000,000. The outside entity conducting the risk assessment and preparing the mitigation
plan must not have any other direct or indirect financial interest in the project. The risk
assessment and risk mitigation plan must provide for periodic monitoring by the
commissioner until the project is completed.
(b) The risk assessment and risk mitigation plan must be paid for with money appropriated
for the information and telecommunications technology project. deleted text begin The chief information
officer must notify the commissioner of management and budget when work has begun on
a project and must identify the proposed budget for the project. The commissioner of
management and budget shall ensure that no more than ten percent of the proposed budget
be spent on the project, other than the money spent on the risk assessment and risk mitigation
plan, is spent until the risk assessment and mitigation plan are reported to the chief
information officer and the chief information officer has approved the risk mitigation plan.
deleted text end
Sec. 11.
Minnesota Statutes 2020, section 16E.0465, subdivision 2, is amended to read:
Subd. 2.
Required review and approval.
(a) A state agency receiving an appropriation
for an information and telecommunications technology project subject to this section must
divide the project into phases.
(b) deleted text begin The commissioner of management and budget may not authorize thedeleted text end new text begin An new text end encumbrance
or expenditure deleted text begin of an appropriation of state funds to a state agencydeleted text end new text begin may not be made new text end for any
phase of a new text begin state agency information and telecommunications technology new text end projectdeleted text begin , device, or
systemdeleted text end subject to this section unless the deleted text begin Office of MN.ITdeleted text end new text begin Department of Information
Technologynew text end Services has reviewed each phase of the projectdeleted text begin , device, or system,deleted text end and based
on this review, the chief information officer has determined for each phase that:
(1) the project is compatible with the state information architecture and other policies
and standards established by the chief information officer;
(2) the agency is able to accomplish the goals of the phase of the project with the funds
appropriated; and
(3) the project supports the enterprise information technology strategy.
Sec. 12.
Minnesota Statutes 2020, section 16E.05, subdivision 1, is amended to read:
Subdivision 1.
Duties.
The deleted text begin officedeleted text end new text begin departmentnew text end , in consultation with interested persons,
shalldeleted text begin :
deleted text end
deleted text begin
(1) coordinate statewide efforts by units of state and local government to plan for and
develop a system for providing access to government services; and
deleted text end
deleted text begin (2)deleted text end explore ways and means to improve citizen and business access to public services,
including implementation of technological improvements.
Sec. 13.
Minnesota Statutes 2020, section 16E.07, subdivision 12, is amended to read:
Subd. 12.
Private entity services; fee authority.
(a) The deleted text begin officedeleted text end new text begin departmentnew text end may enter
into a contract with a private entity to manage, maintain, support, and expand North Star
and online government information services to citizens and businesses.
(b) A contract established under paragraph (a) may provide for compensation of the
private entity through a fee established under paragraph (c).
(c) The deleted text begin officedeleted text end new text begin departmentnew text end , subject to the approval of the agency or deleted text begin officedeleted text end new text begin departmentnew text end
responsible for the data or services involved in the transaction, may charge and may authorize
a private entity that enters into a contract under paragraph (a) to charge a convenience fee
for users of North Star and online government information services up to a total of $2 per
transaction, provided that no fee shall be charged for viewing or inspecting data. deleted text begin The office
shall consider the recommendation of the E-Government Advisory Council under section
16E.071 in setting the convenience fee.deleted text end A fee established under this paragraph is in addition
to any fees or surcharges authorized under other law.
(d) Receipts from the convenience fee shall be deposited in the North Star account
established in subdivision 7. Notwithstanding section 16A.1285, subdivision 2, receipts
credited to the account are appropriated to the deleted text begin officedeleted text end new text begin departmentnew text end for payment to the contracted
private entity under paragraph (a). In lieu of depositing the receipts in the North Star account,
the deleted text begin officedeleted text end new text begin departmentnew text end can directly transfer the receipts to the private entity or allow the
private entity to retain the receipts pursuant to a contract established under this subdivision.
(e) The deleted text begin officedeleted text end new text begin departmentnew text end shall report to the chairs and ranking minority members of
the house of representatives and senate committees with jurisdiction over state government
finance by January 15 of each odd-numbered year regarding the convenience fee receipts
and the status of North Star projects and online government information services developed
and supported by convenience fee receipts.
Sec. 14.
Minnesota Statutes 2020, section 16E.21, subdivision 2, is amended to read:
Subd. 2.
Charges.
new text begin (a) new text end Upon agreement of the participating agency, the deleted text begin Office of MN.ITdeleted text end new text begin
Department of Information Technologynew text end Services may collect a charge or receive a fund
transfer under section 16E.0466 for purchases of information and telecommunications
technology systems and services by state agencies and other governmental entities through
state contracts for purposes described in subdivision 1. Charges collected under this section
must be credited to the information and telecommunications technology systems and services
account.
new text begin
(b) Notwithstanding section 16A.28, subdivision 3, any unexpended operating balance
appropriated to a state agency may be transferred to the information and telecommunications
technology systems and services account for the information technology cost of a specific
project, subject to the review of the Legislative Advisory Commission under subdivision
3.
new text end
Sec. 15.
Minnesota Statutes 2020, section 97A.057, subdivision 1, is amended to read:
Subdivision 1.
Compliance with federal law.
The commissioner shall take any action
necessary to comply with the Federal Aid in Wildlife Restoration Act, United States Code,
title 16, sections 669 to 669i, and the Federal Aid in Fish Restoration Act, United States
Code, title 16, sections 777 to 777k. Notwithstanding deleted text begin section 16E.145 ordeleted text end any deleted text begin otherdeleted text end law to
the contrary, an appropriation for an information or telecommunications technology project
from the game and fish fund, as established in section 97A.055, must be made to the
commissioner. Any assets acquired with or expenditures made from the game and fish fund
must remain under control of the commissioner.
Sec. 16. new text begin REVISOR INSTRUCTION.
new text end
new text begin
The revisor of statutes shall change "Office of MN.IT Services" or similar terms to
"Department of Information Technology Services" wherever it appears in Minnesota Statutes.
new text end
Sec. 17. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2020, sections 16E.0466, subdivision 1; 16E.05, subdivision 3;
16E.071; and 16E.145,
new text end
new text begin
are repealed.
new text end
ARTICLE 3
ELECTIONS
Section 1.
Minnesota Statutes 2020, section 203B.01, subdivision 3, is amended to read:
Subd. 3.
Military.
"Military" means the Army, Navy, Air Force, Marine Corps, Coast
Guard or Merchant Marine of the United States, all other uniformed services as defined in
United States Code, title 52, section 20310, and military forces as defined by section 190.05,
subdivision 3new text begin , or any eligible citizen of Minnesota enrolled as a student at the United States
Naval Academy, the United States Coast Guard Academy, the United States Merchant
Marine Academy, the United States Air Force Academy, or the United States Military
Academynew text end .
Sec. 2.
Minnesota Statutes 2020, section 203B.04, subdivision 1, is amended to read:
Subdivision 1.
Application procedures.
(a) Except as otherwise allowed by subdivision
2 or by section 203B.11, subdivision 4, an application for absentee ballots for any election
may be submitted at any time not less than one day before the day of that election. The
county auditor shall prepare absentee ballot application forms in the format provided by the
secretary of state and shall furnish them to any person on request. By January 1 of each
even-numbered year, the secretary of state shall make the forms to be used available to
auditors through electronic means. An application submitted pursuant to this subdivision
shall be in writing. An application may be submitted in person, by electronic facsimile
device, by electronic mail, or by mail to:
(1) the county auditor of the county where the applicant maintains residence; or
(2) the municipal clerk of the municipality, or school district if applicable, where the
applicant maintains residence.
For a federal, state, or county election, an absentee ballot application may alternatively be
submitted electronically through a secure website that shall be maintained by the secretary
of state for this purpose. Notwithstanding paragraph (b), the secretary of state must require
applicants using the website to submit the applicant's e-mail address and verifiable Minnesota
driver's license number, Minnesota state identification card number, or the last four digits
of the applicant's Social Security number.
An application submitted electronically under this paragraph may only be transmitted to
the county auditor for processing if the secretary of state has verified the application
information matches the information in a government database associated with the applicant's
driver's license number, state identification card number, or Social Security number. The
secretary of state must review all unverifiable applications for evidence of suspicious activity
and must forward any such application to an appropriate law enforcement agency for
investigation.
(b) An application shall be approved if it is timely received, signed and dated by the
applicant, contains the applicant's name and residence and mailing addresses, date of birth,
and at least one of the following:
(1) the applicant's Minnesota driver's license number;
(2) Minnesota state identification card number;
(3) the last four digits of the applicant's Social Security number; or
(4) a statement that the applicant does not have any of these numbers.
(c) To be approved, the application must contain an oath that the information contained
on the form is accurate, that the applicant is applying on the applicant's own behalf, and
that the applicant is signing the form under penalty of perjury.
(d) An applicant's full date of birth, Minnesota driver's license or state identification
number, and the last four digits of the applicant's Social Security number must not be made
available for public inspection. An application may be submitted to the county auditor or
municipal clerk by an electronic facsimile device. An application mailed or returned in
person to the county auditor or municipal clerk on behalf of a voter by a person other than
the voter must be deposited in the mail or returned in person to the county auditor or
municipal clerk within ten days after it has been dated by the voter and no later than six
days before the election. The absentee ballot applications or a list of persons applying for
an absentee ballot may not be made available for public inspection until the close of voting
on election day, except as authorized in section 203B.12new text begin , and must be available to the public
in the same manner as public information lists in section 201.091, subdivisions 4, 5, and 9new text end .
(e) An application under this subdivision may contain an application under subdivision
5 to automatically receive an absentee ballot application.
Sec. 3.
Minnesota Statutes 2020, section 203B.12, subdivision 7, is amended to read:
Subd. 7.
Names of persons; rejected absentee ballots.
new text begin (a) new text end The names of voters who
have submitted an absentee ballot to the county auditor or municipal clerk that has not been
accepted may not be made available for public inspection until the close of voting on election
day.
new text begin
(b) After the close of voting on election day, the lists must be available to the public in
the same manner as public information lists in section 201.091, subdivisions 4, 5, and 9.
new text end
Sec. 4.
Minnesota Statutes 2020, section 203B.121, subdivision 2, is amended to read:
Subd. 2.
Duties of ballot board; absentee ballots.
(a) The members of the ballot board
shall take possession of all deleted text begin returndeleted text end new text begin signaturenew text end envelopes delivered to them in accordance with
section 203B.08. Upon receipt from the county auditor, municipal clerk, or school district
clerk, two or more members of the ballot board shall examine each deleted text begin returndeleted text end new text begin signaturenew text end envelope
and shall mark it accepted or rejected in the manner provided in this subdivision. Election
judges performing the duties in this section must be of different major political parties,
unless they are exempt from that requirement under section 205.075, subdivision 4, or
section 205A.10, subdivision 2.
(b) The members of the ballot board shall mark the deleted text begin returndeleted text end new text begin signaturenew text end envelope "Accepted"
and initial or sign the deleted text begin returndeleted text end new text begin signaturenew text end envelope below the word "Accepted" if a majority
of the members of the ballot board examining the envelope are satisfied that:
(1) the voter's name and address on the deleted text begin returndeleted text end new text begin signaturenew text end envelope are the same as the
information provided on the absentee ballot application;
(2) the voter signed the certification on the envelope;
(3) the voter's Minnesota driver's license, state identification number, or the last four
digits of the voter's Social Security number are the same as a number on the voter's absentee
ballot application or voter record. If the number does not match, the election judges must
compare the signature provided by the applicant to determine whether the ballots were
returned by the same person to whom they were transmitted;
(4) the voter is registered and eligible to vote in the precinct or has included a properly
completed voter registration application in the deleted text begin returndeleted text end new text begin signaturenew text end envelope;
(5) the certificate has been completed as prescribed in the directions for casting an
absentee ballot; and
(6) the voter has not already voted at that election, either in person or, if it is after the
close of business on the seventh day before the election, by absentee ballot.
The deleted text begin returndeleted text end new text begin signaturenew text end envelope from accepted ballots must be preserved and returned to
the county auditor.
(c)(1) If a majority of the members of the ballot board examining a deleted text begin returndeleted text end new text begin signaturenew text end
envelope find that an absentee voter has failed to meet one of the requirements provided in
paragraph (b), they shall mark the deleted text begin returndeleted text end new text begin signaturenew text end envelope "Rejected," initial or sign it
below the word "Rejected," list the reason for the rejection on the envelope, and return it
to the county auditor. There is no other reason for rejecting an absentee ballot beyond those
permitted by this section. Failure to place the ballot within the deleted text begin securitydeleted text end new text begin secrecynew text end envelope
before placing it in the outer white envelope is not a reason to reject an absentee ballot.
(2) If an envelope has been rejected at least five days before the election, the envelope
must remain sealed and the official in charge of the ballot board shall provide the voter with
a replacement absentee ballot and deleted text begin returndeleted text end new text begin signaturenew text end envelope in place of the rejected ballot.
(3) If an envelope is rejected within five days of the election, the envelope must remain
sealed and the official in charge of the ballot board must attempt to contact the voter by
telephone or e-mail to notify the voter that the voter's ballot has been rejected. The official
must document the attempts made to contact the voter.
(d) The official in charge of the absentee ballot board must mail the voter a written notice
of absentee ballot rejection between six and ten weeks following the election. If the official
determines that the voter has otherwise cast a ballot in the election, no notice is required.
If an absentee ballot arrives after the deadline for submission provided by this chapter, the
notice must be provided between six to ten weeks after receipt of the ballot. A notice of
absentee ballot rejection must contain the following information:
(1) the date on which the absentee ballot was rejected or, if the ballot was received after
the required deadline for submission, the date on which the ballot was received;
(2) the reason for rejection; and
(3) the name of the appropriate election official to whom the voter may direct further
questions, along with appropriate contact information.
(e) An absentee ballot deleted text begin returndeleted text end new text begin signaturenew text end envelope marked "Rejected" may not be opened
or subject to further review except in an election contest filed pursuant to chapter 209.
Sec. 5.
Minnesota Statutes 2020, section 203B.121, subdivision 4, is amended to read:
Subd. 4.
Opening of envelopes.
After the close of business on the seventh day before
the election, the ballots from deleted text begin returndeleted text end new text begin secrecynew text end envelopesnew text begin within the signature envelopesnew text end marked
"Accepted" may be opened, duplicated as needed in the manner provided in section 206.86,
subdivision 5, initialed by the members of the ballot board, and deposited in the appropriate
ballot box. If more than one voted ballot is enclosed in the ballot envelope, the ballots must
be returned in the manner provided by section 204C.25 for return of spoiled ballots, and
may not be counted.
Sec. 6.
Minnesota Statutes 2020, section 203B.24, subdivision 1, is amended to read:
Subdivision 1.
Check of voter eligibility; proper execution of certificate.
Upon receipt
of an absentee ballot returned as provided in sections 203B.16 to 203B.27, the election
judges shall compare the voter's name with the names recorded under section 203B.19 in
the statewide registration system to insure that the ballot is from a voter eligible to cast an
absentee ballot under sections 203B.16 to 203B.27. The election judges shall mark the deleted text begin returndeleted text end new text begin
signaturenew text end envelope "Accepted" and initial or sign the deleted text begin returndeleted text end new text begin signaturenew text end envelope below the
word "Accepted" if the election judges are satisfied that:
(1) the voter's namenew text begin and addressnew text end on the deleted text begin returndeleted text end new text begin signaturenew text end envelope appears in substantially
the same form as on the application records provided to the election judges by the county
auditor;
(2) the voter has signed the federal oath prescribed pursuant to section 705(b)(2) of the
Help America Vote Act, Public Law 107-252;
(3) the voter has set forth the same voter's passport number, or Minnesota driver's license
or state identification card number, or the last four digits of the voter's Social Security
number as submitted on the application, if the voter has one of these documents;
(4) the voter is not known to have died; and
(5) the voter has not already voted at that election, either in person or by absentee ballot.
If the identification number described in clause (3) does not match the number as
submitted on the application, the election judges must make a reasonable effort to satisfy
themselves through other information provided by the applicant, or by an individual
authorized to apply on behalf of the voter, that the ballots were returned by the same person
to whom the ballots were transmitted.
An absentee ballot cast pursuant to sections 203B.16 to 203B.27 may only be rejected
for the lack of one of clauses (1) to (5). In particular, failure to place the ballot within the
deleted text begin securitydeleted text end new text begin secrecynew text end envelope before placing it in the outer white envelope is not a reason to
reject an absentee ballot.
Election judges must note the reason for rejection on the back of the envelope in the
space provided for that purpose.
Failure to return unused ballots shall not invalidate a marked ballot, but a ballot shall
not be counted if the certificate on the return envelope is not properly executed. In all other
respects the provisions of the Minnesota Election Law governing deposit and counting of
ballots shall apply. Notwithstanding other provisions of this section, the counting of the
absentee ballot of a deceased voter does not invalidate the election.
Sec. 7.
Minnesota Statutes 2020, section 204B.09, subdivision 3, is amended to read:
Subd. 3.
Write-in candidates.
(a) A candidate for county, state, or federal office who
wants write-in votes for the candidate to be counted must file a written request with the
filing office for the office sought not more than 84 days before the primary and no later
than the seventh day before the general election. The filing officer shall provide copies of
the form to make the request. deleted text begin Nodeleted text end new text begin The filing officer shall not accept anew text end written request deleted text begin shall
be accepteddeleted text end later than 5:00 p.m. on the last day for filing a written request.
(b) A candidate for president of the United States who files a request under this
subdivision must deleted text begin include the name of a candidate for vice president of the United States.deleted text end new text begin
file jointly with another individual seeking nomination as a candidate for vice president of
the United States. A candidate for vice president of the United States who files a request
under this subdivision must file jointly with another individual seeking nomination as a
candidate for president of the United States.new text end The request must also include the name of at
least one candidate for presidential elector. The total number of names of candidates for
presidential elector on the request may not exceed the total number of electoral votes to be
cast by Minnesota in the presidential election.
(c) A candidate for governor who files a request under this subdivision must deleted text begin include the
name of a candidate for lieutenant governor.deleted text end new text begin file jointly with another individual seeking
nomination as a candidate for lieutenant governor. A candidate for lieutenant governor who
files a request under this subdivision must file jointly with another individual seeking
nomination as a candidate for governor.
new text end
Sec. 8.
Minnesota Statutes 2020, section 204B.36, subdivision 2, is amended to read:
Subd. 2.
Candidates and offices.
The name of each candidate shall be printed at a right
angle to the length of the ballot. At a general election the name of the political party or the
political principle of each candidate for partisan office shall be printed above or below the
name of the candidate. The name of a political party or a political principle shall be printed
in capital and lowercase letters of the same type, with the capital letters at least one-half the
height of the capital letters used for names of the candidates. At a generalnew text begin or specialnew text end election,
blank lines containing the words "write-in, if any" shall be printed below the name of the
last candidate for each office, or below the title of the office if no candidate has filed for
that office, so that a voter may write in the names of individuals whose names are not on
the ballot. One blank line shall be printed for each officer of that kind to be elected. At a
primary election, no blank lines shall be provided for writing in the names of individuals
whose names do not appear on the primary ballot.
On the left side of the ballot at the same level with the name of each candidate and each
blank line shall be printed an oval or similar target shape in which the voter may designate
a vote by filling in the oval or similar mark if a different target shape is used. Each oval or
target shape shall be the same size. Above the first name on each ballot shall be instructions
for voting. Directly underneath the official title of each office shall be printed the words
"Vote for one" or "Vote for up to ..." (any greater number to be elected).
Sec. 9.
Minnesota Statutes 2020, section 204C.05, subdivision 1a, is amended to read:
Subd. 1a.
Elections; organized town.
The governing body of a town with less than 500
inhabitants according to the most recent federal decennial census, which is located outside
the metropolitan area as defined in section 200.02, subdivision 24, may fix a later time for
voting to begin at state primary, special, or general elections, if approved by a vote of the
town electors at the annual town meeting. The question of shorter voting hours must be
included in the notice of the annual town meeting before the question may be submitted to
the electors at the meeting. The later time may not be later than 10:00 a.m. for special,
primary, or general elections. The town clerk shall either post or publish notice of the
changed hours and notify the county auditor new text begin and the secretary of state new text end of the change 30 days
before the election.
Sec. 10.
Minnesota Statutes 2020, section 204C.05, subdivision 1b, is amended to read:
Subd. 1b.
Elections; unorganized territory.
An unorganized territory or unorganized
territories which constitute a voting district may have shorter voting hours if at least 20
percent of the registered voters residing in the voting district sign a petition for shorter hours
and present it to the county auditornew text begin and secretary of state at least 30 days before the electionnew text end .
The later time may not be later than 10:00 a.m. for special, primary, or general elections.
The county auditor shall either post or publish notice of the changed hours, within the voting
district, 30 days before the election.
Sec. 11.
Minnesota Statutes 2020, section 204C.21, subdivision 1, is amended to read:
Subdivision 1.
Method.
The election judges shall take all the ballots of the same kind
and count the votes cast for each office or question, beginning with the first office or question
on the ballot. They shall make one pile of the ballots for each candidate who received votes
for that office, or one pile for the "Yes" votes and one pile for the "No" votes on a question.
They shall make a pile of totally defective ballots and a pile of totally blank ballots. They
shall make a pile of ballots that are not totally defective but are defective with respect to
the office or question being counted and a pile of ballots that are not totally blank but are
blank with respect to the office or question being counted. After the separation into piles,
the election judges shall examine each pile and remove and place in the proper pile any
ballots that are found in the wrong pile. The election judges shall count the totally blank
and totally defective ballots and set them aside until the counting is over for that ballot.new text begin In
conducting the count of blank ballots, election judges may presume that the total count
provided for sealed prepackaged ballots is correct.new text end The election judges may pile ballots
crosswise in groups of 25 in the same pile to facilitate counting. When their counts agree,
the election judges shall announce the number of ballots in each pile, and shall write the
number in the proper place on the summary statements.
The election judges shall then return all the counted ballots, and all the partially defective
or partially blank ballots, to the original pile to be separated and counted in the same manner
for the next office or question.
Sec. 12.
Minnesota Statutes 2020, section 204C.27, is amended to read:
204C.27 DELIVERY OF RETURNS TO COUNTY AUDITORS.
One or more of the election judges in each precinct shall deliver deleted text begin two setsdeleted text end new text begin one setnew text end of
summary statements; all spoiled ballots; and the envelopes containing the ballots either
directly to the municipal clerk for transmittal to the county auditor's office or directly to the
county auditor's office as soon as possible after the vote counting is completed but no later
than 24 hours after the end of the hours for voting. One or more election judges shall deliver
the remaining set of summary statements and returns, all unused and spoiled municipal and
school district ballots, the envelopes containing municipal and school district ballots, and
all other things furnished by the municipal or school district clerk, to the municipal or school
district clerk's office within 24 hours after the end of the hours for voting. The municipal
or school district clerk shall return all polling place rosters and completed voter registration
cards to the county auditor within 48 hours after the end of the hours for voting.
Sec. 13.
Minnesota Statutes 2020, section 204C.36, subdivision 1, is amended to read:
Subdivision 1.
Publicly funded recounts.
(a) Except as provided in paragraphs (b) and
(c), a losing candidate for nomination or election to a county, municipal, or school district
office may request a recount of the votes cast for the nomination or election to that office
if the difference between the vote cast for that candidate and for a winning candidate for
nomination or election is less than one-quarter of one percent of the total votes counted for
that office. In case of offices where two or more seats are being filled from among all the
candidates for the office, the one-quarter of one percent difference is between the elected
candidate with the fewest votes and the candidate with the most votes from among the
candidates who were not elected.
(b) A losing candidate for nomination or election to a county, municipal, or school
district office may request a recount of the votes cast for nomination or election to that
office if the difference between the votes cast for that candidate and for a winning candidate
for nomination or election is less than one-half of one percent, and the total number of votes
cast for the nomination or election of all candidates is more than 400 but less than 50,000.
In cases of offices where two or more seats are being filled from among all the candidates
for the office, the one-half of one percent difference is between the elected candidate with
the fewest votes and the candidate with the most votes from among the candidates who
were not elected.
(c) A losing candidate for nomination or election to a county, municipal, or school district
office may request a recount of the votes cast for nomination or election to that office if the
difference between the vote cast for that candidate and for a winning candidate for nomination
or election is ten votes or less, and the total number of votes cast for the nomination or
election of all candidates is no more than 400. In cases of offices where two or more seats
are being filled from among all the candidates for the office, the ten vote difference is
between the elected candidate with the fewest votes and the candidate with the most votes
from among the candidates who were not elected.
(d) Candidates for county offices shall file a written request for the recount with the
county auditor. Candidates for municipal or school district offices shall file a written request
with the municipal or school district clerk as appropriate. All requests new text begin under this paragraph
new text end shall be filed deleted text begin bydeleted text end new text begin between the close of the canvass of a primary or special primary andnew text end 5:00
p.m. on the fifth day after the canvass of a primary or special primary or deleted text begin bydeleted text end new text begin between the
close of the canvass of a special or general election andnew text end 5:00 p.m. on the seventh day of the
canvass of a special or general election for which a recount is sought.
(e) Upon receipt of a request made pursuant to this section, the county auditor shall
recount the votes for a county office at the expense of the county, the governing body of
the municipality shall recount the votes for a municipal office at the expense of the
municipality, and the school board of the school district shall recount the votes for a school
district office at the expense of the school district.
Sec. 14.
Minnesota Statutes 2020, section 204D.08, subdivision 4, is amended to read:
Subd. 4.
State partisan primary ballot; party columns.
The state partisan primary
ballot shall be headed by the words "State Partisan Primary Ballot." The ballot shall be
printed on white paper. There must be at least three vertical columns on the ballot and each
major political party shall have a separate column headed by the words ".......... Party,"
giving the party name. Above the party names, the following statement shall be printed.
"Minnesota Election Law permits you to vote for the candidates of only one political
party in a state partisan primary election."
If there are only two major political parties to be listed on the ballot, one party must
occupy the left-hand column, the other party must occupy the right-hand column, and the
center column must contain the following statement:
"Do not vote for candidates of more than one party."
The names of the candidates seeking the nomination of each major political party shall
be listed in that party's column. If only one individual files an affidavit of candidacy seeking
the nomination of a major political party for an office, the name of that individual shall be
placed on the state partisan primary ballot at the appropriate location in that party's column.
In each column, the candidates for senator in Congress shall be listed first, candidates
for representative in Congress second, candidates for state senator third, candidates for state
representative fourth and then candidates for state office in the order specified by the secretary
of state.new text begin Vacant offices being filled by special election must be listed with other offices of
that type, but after any office of that type for which a candidate will be elected for a full
term.
new text end
The party columns shall be substantially the same in width, type, and appearance. The
columns shall be separated by a 12-point solid line.
Sec. 15.
Minnesota Statutes 2020, section 204D.13, subdivision 1, is amended to read:
Subdivision 1.
Order of offices.
The candidates for partisan offices shall be placed on
the state general election ballot in the following order: senator in Congress shall be first;
representative in Congress, second; state senator, third; and state representative, fourth. The
candidates for state offices shall follow in the order specified by the secretary of state.
Candidates for governor and lieutenant governor shall appear so that a single vote may be
cast for both offices.new text begin Vacant offices being filled by special election must be listed with other
offices of that type, but after any office of that type for which a candidate will be elected
for a full term.
new text end
Sec. 16.
Minnesota Statutes 2020, section 204D.195, is amended to read:
204D.195 DATE OF SPECIAL ELECTION; CERTAIN TIMES PROHIBITED.
Notwithstanding any other provision of law, a special primary and special general election
may not be heldnew text begin :
new text end
new text begin (1)new text end for a period beginning the day following the date of the state primary election and
ending the day prior to the date of the state general electionnew text begin ; or
new text end
new text begin (2) on a holiday, or during the four days before or after a holiday, as defined in section
645.44, subdivision 5new text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment and
applies to special elections occurring on or after that date.
new text end
Sec. 17.
Minnesota Statutes 2020, section 204D.27, subdivision 5, is amended to read:
Subd. 5.
Canvass; special primary; state canvassing boardnew text begin ; contestnew text end .
Not later than
four days after the returns of the county canvassing boards are certified to the secretary of
state, the State Canvassing Board shall complete its canvass of the special primary. The
secretary of state shall then promptly certify to the county auditors the names of the
nominated individuals, prepare notices of nomination, and notify each nominee of the
nomination.new text begin In case of a contest of a special primary for state senator or state representative,
the notice of contest must be filed within two days, excluding Sundays and legal holidays,
after the canvass is completed, and the contest shall otherwise proceed in the manner provided
by law for contesting elections.
new text end
Sec. 18.
Minnesota Statutes 2020, section 204D.28, subdivision 9, is amended to read:
Subd. 9.
Filing by candidates.
The time for filing of affidavits and nominating petitions
for candidates to fill a vacancy at a special election shall open 12 weeks before the special
primary or on the day the secretary of state issues notice of the special election, whichever
occurs later. Filings shall close ten weeks before the special primary.new text begin A candidate filing for
the office of United States senator to fill a vacancy at a special election when both offices
of United States senator are required to be placed on the same ballot must specify on the
affidavit of candidacy the expiration date of the term of the office that the candidate is
seeking.
new text end
Sec. 19.
Minnesota Statutes 2020, section 204D.28, subdivision 10, is amended to read:
Subd. 10.
United States senator; candidates; designation of term.
When the names
of candidates for both offices of United States senator are required to be placed on the same
ballot, the expiration date of the term of each office shall be printed on the ballotnew text begin in the
office headingnew text end opposite the name of each candidate for nomination or election to that office.
Sec. 20.
Minnesota Statutes 2020, section 206.805, subdivision 1, is amended to read:
Subdivision 1.
Contracts required.
(a) The secretary of state, with the assistance of the
commissioner of administration, must establish one or more state voting systems contracts.
The contracts should, if practical, include provisions for maintenance of the equipment
purchased. The voting systems contracts must address precinct-based optical scan voting
equipment, assistive voting technology, automatic tabulating equipment, and electronic
roster equipment. The contracts must give the state a perpetual license to use and modify
the software. The contracts must include provisions to escrow the software source codedeleted text begin , as
provided in subdivision 2deleted text end . Bids for voting systems and related election services must be
solicited from each vendor selling or leasing voting systems that have been certified for use
by the secretary of state. Bids for electronic roster equipment, software, and related services
must be solicited from each vendor selling or leasing electronic roster equipment that meets
the requirements of section 201.225, subdivision 2. The contracts must be renewed from
time to time.
(b) Counties and municipalities may purchase or lease voting systems and obtain related
election services from the state contracts. All counties and municipalities are members of
the cooperative purchasing venture of the Department of Administration for the purpose of
this section. For the purpose of township elections, counties must aggregate orders under
contracts negotiated under this section for products and services and may apportion the
costs of those products and services proportionally among the townships receiving the
products and services. The county is not liable for the timely or accurate delivery of those
products or services.
Sec. 21.
Minnesota Statutes 2020, section 206.89, subdivision 4, is amended to read:
Subd. 4.
Standard of acceptable performance by voting system.
A comparison of the
results compiled by the voting system with the postelection review described in this section
must show that the results of the electronic voting system differed deleted text begin by no more than one-half
of one percentdeleted text end from the manual count of the offices reviewednew text begin by no more than two votes in
a precinct where fewer than 1,200 voters cast ballots, three votes in a precinct where between
1,200 and 1,599 voters cast ballots, four votes in a precinct where between 1,600 and 1,999
voters cast ballots, or five votes in a precinct where 2,000 or more voters cast ballotsnew text end . Valid
votes that have been marked by the voter outside the vote targets or using a manual marking
device that cannot be read by the voting system must not be included in making the
determination whether the voting system has met the standard of acceptable performance
for any precinct.
Sec. 22.
Minnesota Statutes 2020, section 206.89, subdivision 5, is amended to read:
Subd. 5.
Additional review.
(a) If the postelection review in one of the reviewed precincts
reveals a difference greater than deleted text begin one-half of one percent, or greater than two votes in a
precinct where 400 or fewer voters cast ballotsdeleted text end new text begin the thresholds specified in subdivision 4new text end ,
the postelection review official must, within two days, conduct an additional review of the
races indicated in subdivision 3 in at least three precincts in the same jurisdiction where the
discrepancy was discovered. If all precincts in that jurisdiction have been reviewed, the
county auditor must immediately publicly select by lot at least three additional precincts
for review. The postelection review official must complete the additional review within two
days after the precincts are selected and report the results immediately to the county auditor.
If the second review in any of the reviewed precincts also indicates a difference in the vote
totals compiled by the voting system that is greater than deleted text begin one-half of one percent from the
result indicated by the postelection review, or greater than two votes in a precinct where
400 or fewer voters cast ballotsdeleted text end new text begin the thresholds specified in subdivision 4new text end , the county auditor
must conduct a review of the ballots from all the remaining precincts in the county for the
races indicated in subdivision 3. This review must be completed and the results must be
reported to the secretary of state within one week after the second review was completed.
(b) If the results from the countywide reviews from one or more counties comprising in
the aggregate more than ten percent of the total number of persons voting in the election
clearly indicate that an error in vote counting has occurred, the secretary of state must notify
the postelection review official of each county in the district that they must conduct manual
recounts of all the ballots in the district for the affected office using the procedure outlined
in section 204C.35. The recount must be completed and the results reported to the appropriate
canvassing board within two weeks after the postelection review official received notice
from the secretary of state.
Sec. 23.
Minnesota Statutes 2020, section 206.90, subdivision 6, is amended to read:
Subd. 6.
Ballots.
In precincts using optical scan voting systems, a single ballot card on
which all ballot information is included must be printed in black ink on white colored
material except that marks not to be read by the automatic tabulating equipment may be
printed in another color ink. In state elections, a single ballot title must be used, as provided
in sections 204D.08, subdivision 6, and 204D.11, subdivision 1. deleted text begin In odd-numbered years
deleted text end When both municipal and school district offices or questions appear on the ballot, the single
ballot title "City (or Town) and School District Ballot" must be used.
On the front of the ballot must be printed the words "Official Ballot" and the date of the
election and lines for the initials of at least two election judges.
When optical scan ballots are used, the offices to be elected must appear in the following
order: federal offices; state legislative offices; constitutional offices; proposed constitutional
amendments; county offices and questions; municipal offices and questions; school district
offices and questions; special district offices and questions; and judicial offices.
On optical scan ballots, the names of candidates and the words "yes" and "no" for ballot
questions must be printed as close to their corresponding vote targets as possible.
The line on an optical scan ballot for write-in votes must contain the words "write-in,
if any."
If a primary ballot contains both a partisan ballot and a nonpartisan ballot, the instructions
to voters must include a statement that reads substantially as follows: "This ballot card
contains a partisan ballot and a nonpartisan ballot. On the partisan ballot you are permitted
to vote for candidates of one political party only." If a primary ballot contains political party
columns on both sides of the ballot, the instructions to voters must include a statement that
reads substantially as follows: "Additional political parties are printed on the other side of
this ballot. Vote for one political party only." At the bottom of each political party column
on the primary ballot, the ballot must contain a statement that reads substantially as follows:
"Continue voting on the nonpartisan ballot." The instructions in section 204D.08, subdivision
4, do not apply to optical scan partisan primary ballots. Electronic ballot displays and audio
ballot readers must follow the order of offices and questions on the optical scan or paper
ballot used in the same precinct, or the sample ballot posted for that precinct.
Sec. 24.
Minnesota Statutes 2020, section 207A.13, is amended to read:
207A.13 FORM OF BALLOTS; CANDIDATES ON BALLOT.
Subdivision 1.
Form.
(a) Except as provided by law, presidential nomination primary
ballots shall be printed in the same manner as state primary ballots as far as practicable. A
sufficient number of each ballot shall be printed for each precinct and ward in the state.
(b) There must be separate ballots for the names of the candidates of each new text begin participating
new text end political party. Each ballot must be headed by the words "Presidential Nomination Primary
Ballot." The heading must also indicate the party that appears on the ballot.
(c) If requested by a party chair, the ballot for that new text begin participating new text end party must contain a
place for a voter to indicate a preference for having delegates to the party's national
convention remain uncommitted. If requested by a party chair, the ballot for that new text begin participating
new text end party must contain a blank line printed below the other choices on the ballot so that a voter
may write in the name of a person who is not listed on the ballot. A request under this
paragraph must be submitted to the secretary of state no later than 63 days before the
presidential nomination primary.
Subd. 2.
Candidates on the ballot.
(a) Each party new text begin participating in the presidential
nomination primary new text end must determine which candidates are to be placed on the presidential
nomination primary ballot for that party. The chair of each new text begin participating new text end party must submit
to the secretary of state the names of the candidates to appear on the ballot for that party no
later than 63 days before the presidential nomination primary. Once submitted, changes
must not be made to the candidates that will appear on the ballot.
(b) No later than the seventh day before the presidential nomination primary, the chair
of each new text begin participating new text end party must submit to the secretary of state the names of write-in
candidates, if any, to be counted for that party.
Sec. 25.
Minnesota Statutes 2020, section 207A.14, subdivision 3, is amended to read:
Subd. 3.
Notice of primary to public.
At least 15 days before the date of the presidential
nomination primary, each municipal clerk shall post a public notice stating the date of the
presidential nomination primary, the location of each polling place in the municipality, the
hours during which the polling places in the municipality will be open, and information
about the requirements of section 207A.12, paragraph (b)deleted text begin , including a notice that the voter's
choice of a political party's ballot will be recorded and is public informationdeleted text end . The county
auditor shall post a similar notice in the auditor's office with information for any polling
places in unorganized territory in the county. The governing body of a municipality or
county may publish the notice in addition to posting it. Failure to give notice does not
invalidate the election.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 26.
Minnesota Statutes 2020, section 367.25, subdivision 1, is amended to read:
Subdivision 1.
Requirement, fee.
Every person elected at a March electionnew text begin , elected at
a special election,new text end or appointed to a town office, within ten days after receiving a certificate
or notice of election or appointment, shall take and subscribe the oath required by law.
Persons elected at a November election shall take their oath before assuming office. If taken
before the town clerk, the oath shall be administered and certified without fee.
Sec. 27.
Minnesota Statutes 2020, section 412.02, subdivision 2a, is amended to read:
Subd. 2a.
Vacancy.
Except as otherwise provided in subdivision 2b, a vacancy in an
office shall be filled by council appointment until an election is held as provided in this
subdivision. In case of a tie vote in the council, the mayor shall make the appointment. If
the vacancy occurs before the first day to file affidavits of candidacy for the next regular
city election and more than two years remain in the unexpired term, a special election shall
be held at or before the next regular city election and the appointed person shall serve until
the qualification of a successor elected at a special election to fill the unexpired portion of
the term. If the vacancy occurs on or after the first day to file affidavits of candidacy for
the regular city election or when less than two years remain in the unexpired term, there
need not be a special election to fill the vacancy and the appointed person shall serve until
the qualification of a successor. The council must specify by ordinance under what
circumstances it will hold a special election to fill a vacancy other than a special election
held at the same time as the regular city election.
new text begin
All of the provisions of the Minnesota Election Law are applicable to special elections
as far as practicable.
new text end
ARTICLE 4
CAMPAIGN FINANCE
Section 1.
Minnesota Statutes 2020, section 10A.01, subdivision 4, is amended to read:
Subd. 4.
Approved expenditure.
"Approved expenditure" means an expenditure made
on behalf of a candidate new text begin or a local candidate new text end by an entity other than the new text begin candidate's new text end principal
campaign committee deleted text begin of the candidatedeleted text end new text begin or the local candidatenew text end , if the expenditure is made with
the authorization or expressed or implied consent of, or in cooperation or in concert with,
or at the request or suggestion of the candidatenew text begin or local candidatenew text end , the candidate's principal
campaign committee, or the candidate's new text begin or local candidate's new text end agent. An approved expenditure
is a contribution to that candidatenew text begin or local candidatenew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2022, and applies to reports
and disclosures required to be filed on or after that date.
new text end
Sec. 2.
Minnesota Statutes 2020, section 10A.01, subdivision 7, is amended to read:
Subd. 7.
Ballot question.
"Ballot question" means a question or proposition that is placed
on the ballot and that may be voted on bynew text begin :
new text end
new text begin (1)new text end all voters of the statedeleted text begin .deleted text end new text begin ;
new text end
new text begin
(2) all voters of Hennepin County;
new text end
new text begin
(3) all voters of any home rule charter city or statutory city located wholly within
Hennepin County and having a population of 75,000 or more; or
new text end
new text begin
(4) all voters of Special School District No. 1.
new text end
"Promoting or defeating a ballot question" includes activities, other than lobbying
activities, related to qualifying the question for placement on the ballot.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2022, and applies to reports
and disclosures required to be filed on or after that date.
new text end
Sec. 3.
Minnesota Statutes 2020, section 10A.01, subdivision 9, is amended to read:
Subd. 9.
Campaign expenditure.
"Campaign expenditure" or "expenditure" means a
purchase or payment of money or anything of value, or an advance of credit, made or
incurred for the purpose of influencing the nomination or election of a candidate new text begin or a local
candidate new text end or for the purpose of promoting or defeating a ballot question.
An expenditure is considered to be made in the year in which the candidate made the
purchase of goods or services or incurred an obligation to pay for goods or services.
An expenditure made for the purpose of defeating a candidate new text begin or a local candidate new text end is
considered made for the purpose of influencing the nomination or election of that candidate
new text begin or local candidate new text end or any opponent of that candidatenew text begin or local candidatenew text end .
Except as provided in clause (1), "expenditure" includes the dollar value of a donation
in kind.
"Expenditure" does not include:
(1) noncampaign disbursements as defined in subdivision 26;
(2) services provided without compensation by an individual volunteering personal time
on behalf of a candidatenew text begin or a local candidatenew text end , ballot question, political committee, political
fund, principal campaign committee, or party unit;
(3) the publishing or broadcasting of news items or editorial comments by the news
media; or
(4) an individual's unreimbursed personal use of an automobile owned by the individual
and used by the individual while volunteering personal time.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2022, and applies to reports
and disclosures required to be filed on or after that date.
new text end
Sec. 4.
Minnesota Statutes 2020, section 10A.01, is amended by adding a subdivision to
read:
new text begin Subd. 10d. new text end
new text begin Local candidate. new text end
new text begin
"Local candidate" means an individual who seeks
nomination or election to:
new text end
new text begin
(1) any county office in Hennepin County;
new text end
new text begin
(2) any city office in any home rule charter city or statutory city located wholly within
Hennepin County and having a population of 75,000 or more; or
new text end
new text begin
(3) the school board in Special School District No. 1.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2022, and applies to reports
and disclosures required to be filed on or after that date.
new text end
Sec. 5.
Minnesota Statutes 2020, section 10A.01, subdivision 11, is amended to read:
Subd. 11.
Contribution.
(a) "Contribution" means money, a negotiable instrument, or
a donation in kind that is given to a political committee, political fund, principal campaign
committee, new text begin local candidate, new text end or party unit. An allocation by an association of general treasury
money to be used for activities that must be or are reported through the association's political
fund is considered to be a contribution for the purposes of disclosure required by this chapter.
(b) "Contribution" includes a loan or advance of credit to a political committee, political
fund, principal campaign committee,new text begin local candidate,new text end or party unit, if the loan or advance
of credit is: (1) forgiven; or (2) repaid by an individual or an association other than the
political committee, political fund, principal campaign committee, new text begin local candidate, new text end or party
unit to which the loan or advance of credit was made. If an advance of credit or a loan is
forgiven or repaid as provided in this paragraph, it is a contribution in the year in which the
loan or advance of credit was made.
(c) "Contribution" does not include services provided without compensation by an
individual volunteering personal time on behalf of a candidate, new text begin local candidate, new text end ballot
question, political committee, political fund, principal campaign committee, or party unit;
the publishing or broadcasting of news items or editorial comments by the news media; or
an individual's unreimbursed personal use of an automobile owned by the individual while
volunteering personal time.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2022, and applies to reports
and disclosures required to be filed on or after that date.
new text end
Sec. 6.
Minnesota Statutes 2020, section 10A.01, subdivision 16a, is amended to read:
Subd. 16a.
Expressly advocating.
"Expressly advocating" means that a communication
clearly identifies a candidate new text begin or a local candidate new text end and uses words or phrases of express
advocacy.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2022, and applies to reports
and disclosures required to be filed on or after that date.
new text end
Sec. 7.
Minnesota Statutes 2020, section 10A.01, subdivision 17c, is amended to read:
Subd. 17c.
General treasury money.
"General treasury money" means money that an
association other than a principal campaign committee, party unit, or political committee
accumulates through membership dues and fees, donations to the association for its general
purposes, and income from the operation of a business. General treasury money does not
include money collected to influence the nomination or election of candidatesnew text begin or local
candidatesnew text end or to promote or defeat a ballot question.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2022, and applies to reports
and disclosures required to be filed on or after that date.
new text end
Sec. 8.
Minnesota Statutes 2020, section 10A.01, subdivision 18, is amended to read:
Subd. 18.
Independent expenditure.
"Independent expenditure" means an expenditure
expressly advocating the election or defeat of a clearly identified candidatenew text begin or local candidatenew text end ,
if the expenditure is made without the express or implied consent, authorization, or
cooperation of, and not in concert with or at the request or suggestion of, any candidate or
any candidate's principal campaign committee or agentnew text begin or any local candidate or local
candidate's agentnew text end . An independent expenditure is not a contribution to that candidatenew text begin or
local candidatenew text end . An independent expenditure does not include the act of announcing a formal
public endorsement of a candidatenew text begin or local candidatenew text end for public office, unless the act is
simultaneously accompanied by an expenditure that would otherwise qualify as an
independent expenditure under this subdivision.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2022, and applies to reports
and disclosures required to be filed on or after that date.
new text end
Sec. 9.
Minnesota Statutes 2020, section 10A.01, subdivision 20, is amended to read:
Subd. 20.
Loan.
"Loan" means an advance of money or anything of value made to a
political committee, political fund, principal campaign committee, new text begin local candidate, new text end or party
unit.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2022, and applies to reports
and disclosures required to be filed on or after that date.
new text end
Sec. 10.
Minnesota Statutes 2020, section 10A.01, subdivision 26, is amended to read:
Subd. 26.
Noncampaign disbursement.
(a) "Noncampaign disbursement" means a
purchase or payment of money or anything of value made, or an advance of credit incurred,
or a donation in kind received, by a principal campaign committee for any of the following
purposes:
(1) payment for accounting and legal services;
(2) return of a contribution to the source;
(3) repayment of a loan made to the principal campaign committee by that committee;
(4) return of a public subsidy;
(5) payment for food, beverages, and necessary utensils and supplies, entertainment,
and facility rental for a fund-raising event;
(6) services for a constituent by a member of the legislature or a constitutional officer
in the executive branch as provided in section 10A.173, subdivision 1;
(7) payment for food and beverages consumed by a candidate or volunteers while they
are engaged in campaign activities;
(8) payment for food or a beverage consumed while attending a reception or meeting
directly related to legislative duties;
(9) payment of expenses incurred by elected or appointed leaders of a legislative caucus
in carrying out their leadership responsibilities;
(10) payment by a principal campaign committee of the candidate's expenses for serving
in public office, other than for personal uses;
(11) costs of child care for the candidate's children when campaigning;
(12) fees paid to attend a campaign school;
(13) costs of a postelection party during the election year when a candidate's name will
no longer appear on a ballot or the general election is concluded, whichever occurs first;
(14) interest on loans paid by a principal campaign committee on outstanding loans;
(15) filing fees;
(16) post-general election holiday or seasonal cards, thank-you notes, or advertisements
in the news media mailed or published prior to the end of the election cycle;
(17) the cost of campaign material purchased to replace defective campaign material, if
the defective material is destroyed without being used;
(18) contributions to a party unit;
(19) payments for funeral gifts or memorials;
(20) the cost of a magnet less than six inches in diameter containing legislator contact
information and distributed to constituents;
(21) costs associated with a candidate attending a political party state or national
convention in this state;
(22) other purchases or payments specified in board rules or advisory opinions as being
for any purpose other than to influence the nomination or election of a candidate or to
promote or defeat a ballot question;
(23) costs paid to a third party for processing contributions made by a credit card, debit
card, or electronic check;
(24) a contribution to a fund established to support a candidate's participation in a recount
of ballots affecting that candidate's election;
(25) costs paid by a candidate's principal campaign committee for a single reception
given in honor of the candidate's retirement from public office after the filing period for
affidavits of candidacy for that office has closed;
(26) a donation from a terminating principal campaign committee to the state general
fund; deleted text begin and
deleted text end
(27) a donation from a terminating principal campaign committee to a county obligated
to incur special election expenses due to that candidate's resignation from state officenew text begin ; and
new text end
new text begin (28) during a period starting January 1 in the year following a general election and ending
on December 31 of the year of general election, total payments of up to $3,000 for security
expenses for a candidate, including home security hardware, maintenance of home security
hardware, identity theft monitoring services, and credit monitoring servicesnew text end .
(b) The board must determine whether an activity involves a noncampaign disbursement
within the meaning of this subdivision.
(c) A noncampaign disbursement is considered to be made in the year in which the
candidate made the purchase of goods or services or incurred an obligation to pay for goods
or services.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment and
applies to payments made on or after January 1, 2021.
new text end
Sec. 11.
Minnesota Statutes 2020, section 10A.01, subdivision 27, is amended to read:
Subd. 27.
Political committee.
"Political committee" means an association whose major
purpose is to influence the nomination or election of one or more candidatesnew text begin or local
candidatesnew text end or to promote or defeat a ballot question, other than a principal campaign
committeenew text begin , local candidate,new text end or a political party unit.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2022, and applies to reports
and disclosures required to be filed on or after that date.
new text end
Sec. 12.
Minnesota Statutes 2020, section 10A.01, subdivision 28, is amended to read:
Subd. 28.
Political fund.
"Political fund" means an accumulation of dues or voluntary
contributions by an association other than a political committee, principal campaign
committee, or party unit, if the accumulation is collected or expended to influence the
nomination or election of one or more candidates new text begin or local candidates new text end or to promote or defeat
a ballot question. The term political fund as used in this chapter may also refer to the
association acting through its political fund.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2022, and applies to reports
and disclosures required to be filed on or after that date.
new text end
Sec. 13.
Minnesota Statutes 2020, section 10A.01, subdivision 35, is amended to read:
Subd. 35.
Public official.
"Public official" means any:
(1) member of the legislature;
(2) individual employed by the legislature as secretary of the senate, legislative auditor,
director of the Legislative Budget Office, chief clerk of the house of representatives, revisor
of statutes, or researcher, legislative analyst, fiscal analyst, or attorney in the Office of
Senate Counsel, Research and Fiscal Analysis, House Research, or the House Fiscal Analysis
Department;
(3) constitutional officer in the executive branch and the officer's chief administrative
deputy;
(4) solicitor general or deputy, assistant, or special assistant attorney general;
(5) commissioner, deputy commissioner, or assistant commissioner of any state
department or agency as listed in section 15.01 or 15.06, or the state chief information
officer;
(6) member, chief administrative officer, or deputy chief administrative officer of a state
board or commission that has either the power to adopt, amend, or repeal rules under chapter
14, or the power to adjudicate contested cases or appeals under chapter 14;
(7) individual employed in the executive branch who is authorized to adopt, amend, or
repeal rules under chapter 14 or adjudicate contested cases under chapter 14;
(8) executive director of the State Board of Investment;
(9) deputy of any official listed in clauses (7) and (8);
(10) judge of the Workers' Compensation Court of Appeals;
(11) administrative law judge or compensation judge in the State Office of Administrative
Hearings or unemployment law judge in the Department of Employment and Economic
Development;
(12) member, regional administrator, division director, general counsel, or operations
manager of the Metropolitan Council;
(13) member or chief administrator of a metropolitan agency;
(14) director of the Division of Alcohol and Gambling Enforcement in the Department
of Public Safety;
(15) member or executive director of the Higher Education Facilities Authority;
(16) member of the board of directors or president of Enterprise Minnesota, Inc.;
(17) member of the board of directors or executive director of the Minnesota State High
School League;
(18) member of the Minnesota Ballpark Authority established in section 473.755;
(19) citizen member of the Legislative-Citizen Commission on Minnesota Resources;
(20) manager of a watershed district, or member of a watershed management organization
as defined under section 103B.205, subdivision 13;
(21) supervisor of a soil and water conservation district;
(22) director of Explore Minnesota Tourism;
(23) citizen member of the Lessard-Sams Outdoor Heritage Council established in section
97A.056;
(24) citizen member of the Clean Water Council established in section 114D.30;
(25) member or chief executive of the Minnesota Sports Facilities Authority established
in section 473J.07;
(26) district court judge, appeals court judge, or supreme court justice;
(27) county commissioner;
(28) member of the Greater Minnesota Regional Parks and Trails Commission; deleted text begin or
deleted text end
(29) member of the Destination Medical Center Corporation established in section
469.41deleted text begin .deleted text end new text begin ; or
new text end
new text begin
(30) chancellor or member of the Board of Trustees of the Minnesota State Colleges
and Universities.
new text end
Sec. 14.
Minnesota Statutes 2020, section 10A.09, subdivision 1, is amended to read:
Subdivision 1.
Time for filing.
An individual must file a statement of economic interest
deleted text begin with the boarddeleted text end :
(1) within 60 days of accepting employment as a public official or a local official in a
metropolitan governmental unit;
(2) within 60 days of assuming office as a district court judge, appeals court judge,
supreme court justice, or county commissioner;
(3) within 14 days after filing an affidavit of candidacy or petition to appear on the ballot
for an elective state constitutional or legislative office or an elective local office in a
metropolitan governmental unit other than county commissioner;
(4) in the case of a public official requiring the advice and consent of the senate, within
14 days after undertaking the duties of office; or
(5) in the case of members of the Minnesota Racing Commission, the director of the
Minnesota Racing Commission, chief of security, medical officer, inspector of pari-mutuels,
and stewards employed or approved by the commission or persons who fulfill those duties
under contract, within 60 days of accepting or assuming duties.
Sec. 15.
Minnesota Statutes 2020, section 10A.09, subdivision 2, is amended to read:
Subd. 2.
Notice to board.
The secretary of state or the appropriate county auditor, upon
receiving an affidavit of candidacy or petition to appear on the ballot from an individual
required by this section to file a statement of economic interest, and any official who
nominates or employs a public deleted text begin or localdeleted text end official required by this section to file a statement
of economic interest, must notify the board of the name of the individual required to file a
statement and the date of the affidavit, petition, or nomination.
Sec. 16.
Minnesota Statutes 2020, section 10A.09, subdivision 5, is amended to read:
Subd. 5.
Form; general requirements.
(a) A statement of economic interest required
by this section must be on a form prescribed by the board. The individual filing must provide
the following information:
(1) name, address, occupation, and principal place of business;
(2) the name of each associated business and the nature of that association;
(3) a listing of all real property within the state, excluding homestead property, in which
the individual holds: (i) a fee simple interest, a mortgage, a contract for deed as buyer or
seller, or an option to buy, whether direct or indirect, if the interest is valued in excess of
$2,500; or (ii) an option to buy, if the property has a fair market value of more than $50,000;
(4) a listing of all real property within the state in which a partnership of which the
individual is a member holds: (i) a fee simple interest, a mortgage, a contract for deed as
buyer or seller, or an option to buy, whether direct or indirect, if the individual's share of
the partnership interest is valued in excess of $2,500; or (ii) an option to buy, if the property
has a fair market value of more than $50,000. A listing under this clause or clause (3) must
indicate the street address and the municipality or the section, township, range and
approximate acreage, whichever applies, and the county in which the property is located;
(5) a listing of any investments, ownership, or interests in property connected with
pari-mutuel horse racing in the United States and Canada, including a racehorse, in which
the individual directly or indirectly holds a partial or full interest or an immediate family
member holds a partial or full interest;
(6) a listing of the principal business or professional activity category of each business
from which the individual receives more than $250 in any monthnew text begin during the reporting periodnew text end
as an employee, if the individual has an ownership interest of 25 percent or more in the
business;
(7) a listing of each principal business or professional activity category from which the
individual received compensation of more than $2,500 in the past 12 months as an
independent contractor; and
(8) a listing of the full name of each security with a value of more than $10,000 owned
in part or in full by the individual, at any time during the reporting period.
(b) The business or professional categories for purposes of paragraph (a), clauses (6)
and (7), must be the general topic headings used by the federal Internal Revenue Service
for purposes of reporting self-employment income on Schedule C. This paragraph does not
require an individual to report any specific code number from that schedule. Any additional
principal business or professional activity category may only be adopted if the category is
enacted by law.
deleted text begin
(c) For the purpose of an original statement of economic interest, "compensation in any
month" includes only compensation received in the calendar month immediately preceding
the date of appointment as a public official or filing as a candidate.
deleted text end
deleted text begin (d)deleted text end new text begin (c)new text end For the purpose of calculating the amount of compensation received from any
single source in a single month, the amount shall include the total amount received from
the source during the month, whether or not the amount covers compensation for more than
one month.
deleted text begin (e)deleted text end new text begin (d)new text end For the purpose of determining the value of an individual's interest in real property,
the value of the property is the market value shown on the property tax statement.
deleted text begin
(f) For the purpose of an original statement of economic interest, the individual shall
disclose only those real properties owned on the date of appointment as a public official or
filing as a candidate.
deleted text end
deleted text begin (g)deleted text end new text begin (e)new text end For the purpose of this section, "date of appointment" means the effective date
of appointment to a position.
deleted text begin (h)deleted text end new text begin (f)new text end For the purpose of this section, "accepting employment as a public official" means
the effective date of the appointment to the position, as stated in the appointing authority's
notice to the board.
Sec. 17.
Minnesota Statutes 2020, section 10A.09, is amended by adding a subdivision to
read:
new text begin Subd. 5a. new text end
new text begin Original statement; reporting period. new text end
new text begin
(a) An original statement of economic
interest required under subdivision 1, clause (1), must cover the calendar month before the
month in which the individual accepted employment as a public official or a local official
in a metropolitan governmental unit.
new text end
new text begin
(b) An original statement of economic interest required under subdivision 1, clauses (2),
(4), and (5), must cover the calendar month before the month in which the individual assumed
or undertook the duties of office.
new text end
new text begin
(c) An original statement of economic interest required under subdivision 1, clause (3),
must cover the calendar month before the month in which the candidate filed the affidavit
of candidacy.
new text end
Sec. 18.
Minnesota Statutes 2020, section 10A.09, subdivision 6, is amended to read:
Subd. 6.
Annual statement.
(a) Each individual who is required to file a statement of
economic interest must also file an annual statement by the last Monday in January of each
year that the individual remains in office. The annual statement must cover the period
through December 31 of the year prior to the year when the statement is due. The annual
statement must include the amount of each honorarium in excess of deleted text begin $50deleted text end new text begin $250new text end received since
the previous statement and the name and address of the source of the honorarium. The board
must maintain each annual statement of economic interest submitted by an officeholder in
the same file with the statement submitted as a candidate.
deleted text begin
(b) For the purpose of annual statements of economic interest to be filed, "compensation
in any month" includes compensation and honoraria received in any month between the
end of the period covered in the preceding statement of economic interest and the end of
the current period.
deleted text end
deleted text begin (c)deleted text end new text begin (b)new text end An individual must file the annual statement of economic interest required by
this subdivision to cover the period for which the individual served as a public official even
though at the time the statement was filed, the individual is no longer holding that office as
a public official.
deleted text begin
(d) For the purpose of an annual statement of economic interest, the individual shall
disclose any real property owned at any time between the end of the period covered by the
preceding statement of economic interest and through the last day of the month preceding
the current filing or the last day of employment, if the individual is no longer a public
official.
deleted text end
Sec. 19.
Minnesota Statutes 2020, section 10A.12, subdivision 1, is amended to read:
Subdivision 1.
When required for contributions and approved expenditures.
An
association other than a political committee or party unit may not contribute more than $750
in aggregate in any calendar year to candidates,new text begin local candidates,new text end political committees, or
party units or make approved expenditures of more than $750 in aggregate in any calendar
year unless the contribution or expenditure is made through a political fund.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2022, and applies to reports
and disclosures required to be filed on or after that date.
new text end
Sec. 20.
Minnesota Statutes 2020, section 10A.12, subdivision 2, is amended to read:
Subd. 2.
Commingling prohibited.
The contents of an association's political fund may
not be commingled with other funds or with the personal funds of an officer or member of
the association or the fund. It is not commingling for an association that uses only its own
general treasury money to make expenditures and disbursements permitted under section
10A.121, subdivision 1, directly from the depository used for its general treasury money.
An association that accepts more than $1,500 in new text begin aggregate in new text end contributions to influence the
nomination or election of candidates new text begin or local candidates new text end or more than $5,000 in contributions
to promote or defeat a ballot question must establish a separate depository for those
contributions.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2022, and applies to reports
and disclosures required to be filed on or after that date.
new text end
Sec. 21.
Minnesota Statutes 2020, section 10A.121, subdivision 2, is amended to read:
Subd. 2.
Penalty.
(a) An independent expenditure political committee or independent
expenditure political fund is subject to a civil penalty of up to four times the amount of the
contribution or approved expenditure if it does the following:
(1) makes a contribution to a candidatenew text begin , local candidatenew text end , party unit, political committee,
or political fund other than an independent expenditure political committee or an independent
expenditure political fund; or
(2) makes an approved expenditure.
(b) No other penalty provided in law may be imposed for conduct that is subject to a
civil penalty under this section.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2022, and applies to reports
and disclosures required to be filed on or after that date.
new text end
Sec. 22.
Minnesota Statutes 2020, section 10A.13, subdivision 1, is amended to read:
Subdivision 1.
Accounts; penalty.
The treasurer of a political committee, political fund,
principal campaign committee, or party unit must keep an account of:
(1) the sum of all contributions, except any donation in kind valued at $20 or less, made
to the committee, fund, or party unit;
(2) the name and address of each source of a contribution made to the committee, fund,
or party unit in excess of $20, together with the date and amount of each;
(3) each expenditure made by the committee, fund, or party unit, together with the date
and amount;
(4) each approved expenditure made on behalf of the committee, fund, or party unit,
together with the date and amount; and
(5) the name and address of each political committee, political fund, principal campaign
committee,new text begin local candidate,new text end or party unit to which contributions in excess of $20 have been
made, together with the date and amount.
Any individual who knowingly violates this subdivision is subject to a civil penalty
imposed by the board of up to $1,000.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2022, and applies to reports
and disclosures required to be filed on or after that date.
new text end
Sec. 23.
Minnesota Statutes 2020, section 10A.14, is amended by adding a subdivision to
read:
new text begin Subd. 2a. new text end
new text begin Alternate contact information; form. new text end
new text begin
(a) A candidate; treasurer of a political
committee, political fund, principal campaign committee, or party unit; or chair of a political
committee, principal campaign committee, or party unit may file a form with the board that
includes alternate contact information. If a form is filed, the form must include the following
information for the filer:
new text end
new text begin
(1) name;
new text end
new text begin
(2) political committee, political fund, principal campaign committee, or party unit; and
new text end
new text begin
(3) alternate contact information.
new text end
new text begin
(b) The board must only use the alternate contact information to contact the filer for the
purposes of administering chapter 10A. Information collected pursuant to this subdivision
is private data on individuals.
new text end
new text begin
(c) For purposes of this subdivision, "alternate contact information" means an address,
phone number, or e-mail address that is different from the information provided on the form
required by subdivision 2.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2021.
new text end
Sec. 24.
Minnesota Statutes 2020, section 10A.17, subdivision 4, is amended to read:
Subd. 4.
Independent expenditures.
An individual, political committee, political fund,
principal campaign committee, or party unit that independently solicits or accepts
contributions or makes independent expenditures on behalf of a candidatenew text begin or local candidatenew text end
must publicly disclose that the expenditure is an independent expenditure. All written and
broadcast communications with those from whom contributions are independently solicited
or accepted or to whom independent expenditures are made on behalf of a candidatenew text begin or local
candidatenew text end must contain a statement in substantially the form provided in section 211B.04,
subdivision 2. The statement must be on the front page of all written communications and
at the end of all broadcast communications made by that individual, political committee,
political fund, principal campaign committee, or party unit on the candidate'snew text begin or local
candidate'snew text end behalf.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2022, and applies to reports
and disclosures required to be filed on or after that date.
new text end
Sec. 25.
Minnesota Statutes 2020, section 10A.20, is amended by adding a subdivision to
read:
new text begin Subd. 2a. new text end
new text begin Local election reports. new text end
new text begin
(a) This subdivision applies to a political committee,
political fund, or political party unit that during a non-general election year:
new text end
new text begin
(1) spends in aggregate more than $200 to influence the nomination or election of local
candidates;
new text end
new text begin
(2) spends in aggregate more than $200 to make independent expenditures on behalf of
local candidates; or
new text end
new text begin
(3) spends in aggregate more than $200 to promote or defeat ballot questions defined
in section 10A.01, subdivision 7, clause (2), (3), or (4).
new text end
new text begin
(b) In addition to the reports required by subdivision 2, the entities listed in paragraph
(a) must file the following reports in each non-general election year:
new text end
new text begin
(1) a first-quarter report covering the calendar year through March 31, which is due
April 14;
new text end
new text begin
(2) a report covering the calendar year through May 31, which is due June 14;
new text end
new text begin
(3) a pre-primary-election report due 15 days before the local primary election date
specified in section 205.065;
new text end
new text begin
(4) a pre-general-election report due 42 days before the local general election; and
new text end
new text begin
(5) a pre-general-election report due ten days before a local general election.
new text end
new text begin
The reporting obligations in this paragraph begin with the first report due after the
reporting period in which the entity reaches the spending threshold specified in paragraph
(a).
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2022, and applies to reports
and disclosures required to be filed on or after that date.
new text end
Sec. 26.
Minnesota Statutes 2020, section 10A.20, subdivision 3, is amended to read:
Subd. 3.
Contents of report.
(a) The report required by this section must include each
of the items listed in paragraphs (b) to (q) that are applicable to the filer. The board shall
prescribe forms based on filer type indicating which of those items must be included on the
filer's report.
(b) The report must disclose the amount of liquid assets on hand at the beginning of the
reporting period.
(c) The report must disclose the name, address, employer, or occupation if self-employed,
and registration number if registered with the board, of each individual or association that
has made one or more contributions to the reporting entity, including the purchase of tickets
for a fund-raising effort, that in aggregate within the year exceed $200 for legislative or
statewide candidates or more than $500 for ballot questions, together with the amount and
date of each contribution, and the aggregate amount of contributions within the year from
each source so disclosed. A donation in kind must be disclosed at its fair market value. An
approved expenditure must be listed as a donation in kind. A donation in kind is considered
consumed in the reporting period in which it is received. The names of contributors must
be listed in alphabetical order. Contributions from the same contributor must be listed under
the same name. When a contribution received from a contributor in a reporting period is
added to previously reported unitemized contributions from the same contributor and the
aggregate exceeds the disclosure threshold of this paragraph, the name, address, and
employer, or occupation if self-employed, of the contributor must then be listed on the
report.
(d) The report must disclose the sum of contributions to the reporting entity during the
reporting period.
(e) The report must disclose each loan made or received by the reporting entity within
the year in aggregate in excess of $200, continuously reported until repaid or forgiven,
together with the name, address, occupation, principal place of business, if any, and
registration number if registered with the board of the lender and any endorser and the date
and amount of the loan. If a loan made to the principal campaign committee of a candidate
is forgiven or is repaid by an entity other than that principal campaign committee, it must
be reported as a contribution for the year in which the loan was made.
(f) The report must disclose each receipt over $200 during the reporting period not
otherwise listed under paragraphs (c) to (e).
(g) The report must disclose the sum of all receipts of the reporting entity during the
reporting period.
(h) The report must disclose the name, address, and registration number if registered
with the board of each individual or association to whom aggregate expenditures, approved
expenditures, independent expenditures, and ballot question expenditures have been made
by or on behalf of the reporting entity within the year in excess of $200, together with the
amount, date, and purpose of each expenditure, including an explanation of how the
expenditure was used, and the name and address of, and office sought by, each candidate
new text begin or local candidate new text end on whose behalf the expenditure was made, identification of the ballot
question that the expenditure was intended to promote or defeat and an indication of whether
the expenditure was to promote or to defeat the ballot question, and in the case of independent
expenditures made in opposition to a candidatenew text begin or local candidatenew text end , the candidate'snew text begin or local
candidate'snew text end name, address, and office sought. A reporting entity making an expenditure on
behalf of more than one candidate deleted text begin for state or legislative officedeleted text end new text begin or local candidatenew text end must
allocate the expenditure among the candidates new text begin and local candidates new text end on a reasonable cost
basis and report the allocation for each candidatenew text begin or local candidatenew text end .new text begin The report must list
on separate schedules any independent expenditures made on behalf of local candidates and
any expenditures made for ballot questions as defined in section 10A.01, subdivision 7,
clause (2), (3), or (4).
new text end
(i) The report must disclose the sum of all expenditures made by or on behalf of the
reporting entity during the reporting period.
(j) The report must disclose the amount and nature of an advance of credit incurred by
the reporting entity, continuously reported until paid or forgiven. If an advance of credit
incurred by the principal campaign committee of a candidate is forgiven by the creditor or
paid by an entity other than that principal campaign committee, it must be reported as a
donation in kind for the year in which the advance of credit was made.
(k) The report must disclose the name, address, and registration number if registered
with the board of each political committee, political fund, principal campaign committee,new text begin
local candidate,new text end or party unit to which contributions have been made that aggregate in excess
of $200 within the year and the amount and date of each contribution.new text begin The report must list
on separate schedules any contributions made to state candidates' principal campaign
committees and any contributions made to local candidates.
new text end
(l) The report must disclose the sum of all contributions made by the reporting entity
during the reporting periodnew text begin and must separately disclose the sum of all contributions made
to local candidates by the reporting entity during the reporting periodnew text end .
(m) The report must disclose the name, address, and registration number if registered
with the board of each individual or association to whom noncampaign disbursements have
been made that aggregate in excess of $200 within the year by or on behalf of the reporting
entity and the amount, date, and purpose of each noncampaign disbursement, including an
explanation of how the expenditure was used.
(n) The report must disclose the sum of all noncampaign disbursements made within
the year by or on behalf of the reporting entity.
(o) The report must disclose the name and address of a nonprofit corporation that provides
administrative assistance to a political committee or political fund as authorized by section
211B.15, subdivision 17, the type of administrative assistance provided, and the aggregate
fair market value of each type of assistance provided to the political committee or political
fund during the reporting period.
(p) Legislative, statewide, and judicial candidates, party units, and political committees
and funds must itemize contributions that in aggregate within the year exceed $200 for
legislative or statewide candidates or more than $500 for ballot questions on reports submitted
to the board. The itemization must include the date on which the contribution was received,
the individual or association that provided the contribution, and the address of the contributor.
Additionally, the itemization for a donation in kind must provide a description of the item
or service received. Contributions that are less than the itemization amount must be reported
as an aggregate total.
(q) Legislative, statewide, and judicial candidates, party units, political committees and
funds, and committees to promote or defeat a ballot question must itemize expenditures and
noncampaign disbursements that in aggregate exceed $200 in a calendar year on reports
submitted to the board. The itemization must include the date on which the committee made
or became obligated to make the expenditure or disbursement, the name and address of the
vendor that provided the service or item purchased, and a description of the service or item
purchased, including an explanation of how the expenditure was used. Expenditures and
noncampaign disbursements must be listed on the report alphabetically by vendor.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2022, and applies to reports
and disclosures required to be filed on or after that date.
new text end
Sec. 27.
Minnesota Statutes 2020, section 10A.20, subdivision 6a, is amended to read:
Subd. 6a.
Statement of independence.
An individual, political committee, political
fund, or party unit filing a report or statement disclosing an independent expenditure under
subdivision 3 or 6 must file with the report a sworn statement that the disclosed expenditures
were not made with the authorization or expressed or implied consent of, or in cooperation
or in concert with, or at the request or suggestion of any candidatenew text begin ;new text end deleted text begin ordeleted text end any candidate's
principal campaign committee or agentnew text begin ; any local candidate, or any local candidate's agentnew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2022, and applies to reports
and disclosures required to be filed on or after that date.
new text end
Sec. 28.
Minnesota Statutes 2020, section 10A.20, subdivision 13, is amended to read:
Subd. 13.
Third-party reimbursement.
An individual or association filing a report
disclosing an expenditure or noncampaign disbursement that must be reported and itemized
under subdivision 3, paragraph deleted text begin (g)deleted text end new text begin (h)new text end or deleted text begin (l)deleted text end new text begin (m)new text end , that is a reimbursement to a third party
must report the purpose of each expenditure or disbursement for which the third party is
being reimbursed. In the alternative, the reporting individual or association may report
individually each of the underlying expenditures being reimbursed. An expenditure or
disbursement is a reimbursement to a third party if it is for goods or services that were not
directly provided by the individual or association to whom the expenditure or disbursement
is made. Third-party reimbursements include payments to credit card companies and
reimbursement of individuals for expenses they have incurred.
Sec. 29.
Minnesota Statutes 2020, section 10A.27, subdivision 13, is amended to read:
Subd. 13.
Unregistered association limit; statement; penalty.
(a) The treasurer of a
political committee, political fund, principal campaign committee, or party unit must not
accept a contribution of more than $200 from an association not registered under this chapter
unless the contribution is accompanied by a deleted text begin writtendeleted text end statement that meets the disclosure and
reporting period requirements imposed by section 10A.20.new text begin The statement may be a written
statement or a government website where the disclosure report for the unregistered association
may be viewed.new text end This statement must be certified as true and correct by an officer of the
contributing association. The committee, fund, or party unit that accepts the contribution
must include a copy of thenew text begin writtennew text end statementnew text begin or websitenew text end with the report that discloses the
contribution to the board.
(b) An unregistered association may provide the deleted text begin writtendeleted text end statement required by this
subdivision to no more than three committees, funds, or party units in a calendar year. Each
statement must cover at least the 30 days immediately preceding and including the date on
which the contribution was made. An unregistered association or an officer of it is subject
to a civil penalty imposed by the board of up to $1,000, if the association or its officer:
(1) fails to provide a deleted text begin writtendeleted text end statement as required by this subdivision; or
(2) fails to register after giving the deleted text begin writtendeleted text end statement required by this subdivision to more
than three committees, funds, or party units in a calendar year.
(c) The treasurer of a political committee, political fund, principal campaign committee,
or party unit who accepts a contribution in excess of $200 from an unregistered association
without the required deleted text begin writtendeleted text end disclosure statement is subject to a civil penalty up to four
times the amount in excess of $200.
(d) This subdivision does not apply:
(1) when a national political party contributes money to its state committee; deleted text begin or
deleted text end
new text begin
(2) when a federal committee of a major or minor political party registered with the
board gives an in-kind contribution to the federal committee's state central committee or a
party organization within a house of the state legislature; or
new text end
deleted text begin (2)deleted text end new text begin (3)new text end to purchases by candidates for federal office of tickets to events or space rental
at events held by party units in this state (i) if the geographical area represented by the party
unit includes any part of the geographical area of the office that the federal candidate is
seeking and (ii) the purchase price is not more than that paid by other attendees or renters
of similar spaces.
Sec. 30.
Minnesota Statutes 2020, section 10A.275, subdivision 1, is amended to read:
Subdivision 1.
Exceptions.
Notwithstanding other provisions of this chapter, the
following expenditures by a party unit, or two or more party units acting together, with at
least one party unit being either: the state committee or the party organization within a
congressional district, county, or legislative district, are not considered contributions to or
expenditures on behalf of a candidate for the purposes of section 10A.25 or 10A.27 and
must not be allocated to candidates under section 10A.20, subdivision 3, paragraph deleted text begin (g)deleted text end new text begin (h)new text end :
(1) expenditures on behalf of candidates of that party generally without referring to any
of them specifically in a published, posted, or broadcast advertisement;
(2) expenditures for the preparation, display, mailing, or other distribution of an official
party sample ballot listing the names of three or more individuals whose names are to appear
on the ballot;
(3) expenditures for a telephone deleted text begin conversation includingdeleted text end new text begin call, voice mail, text message,
multimedia message, internet chat message, or e-mail when the communication includesnew text end
the names of three or more individuals whose names are to appear on the ballot;
(4) expenditures for a political party fund-raising effort on behalf of three or more
candidates; or
(5) expenditures for party committee staff services that benefit three or more candidates.
Sec. 31.
Minnesota Statutes 2020, section 10A.323, is amended to read:
10A.323 AFFIDAVIT OF CONTRIBUTIONS.
(a) In addition to the requirements of section 10A.322, to be eligible to receive a public
subsidy under section 10A.31 a candidate or the candidate's treasurer must:
(1) between January 1 of the previous year and the cutoff date for transactions included
in the report of receipts and expenditures due before the primary election, accumulate
contributions from individuals eligible to vote in this state in at least the amount indicated
for the office sought, counting only the first $50 received from each contributor, excluding
in-kind contributions:
(i) candidates for governor and lieutenant governor running together, $35,000;
(ii) candidates for attorney general, $15,000;
(iii) candidates for secretary of state and state auditor, separately, $6,000;
(iv) candidates for the senate, $3,000; and
(v) candidates for the house of representatives, $1,500;
(2) file an affidavit with the board stating that the principal campaign committee has
complied with this paragraph. The affidavit must state the total amount of contributions that
have been received from individuals eligible to vote in this state, excluding:
(i) the portion of any contribution in excess of $50;
(ii) any in-kind contribution; and
(iii) any contribution for which the name and address of the contributor is not known
and recorded; and
(3) submit the affidavit required by this section to the board in writing by the deadline
for reporting of receipts and expenditures before a primary under section 10A.20, subdivision
deleted text begin 4deleted text end new text begin 2new text end .
(b) A candidate for a vacancy to be filled at a special election for which the filing period
does not coincide with the filing period for the general election must accumulate the
contributions specified in paragraph (a) and must submit the affidavit required by this section
to the board within five days after the close of the filing period for the special election for
which the candidate filed.
(c) Notwithstanding paragraphs (a) and (b), a candidate for a vacancy to be filled at a
special election called under section 204B.13, subdivision 2, paragraph (c), must accumulate
the contributions specified in paragraph (a) and must submit the affidavit required by this
section to the board within 12 calendar days after the general election.
(d) A candidate or the candidate's treasurer must be able to electronically file the affidavit
required under this section in the same manner as other reports required by this chapter.
The board must not require the candidate or candidate's treasurer to notarize the affidavit
of contribution.
Sec. 32.
Minnesota Statutes 2020, section 383B.041, is amended to read:
383B.041 CAMPAIGN FINANCING, DISCLOSURE OF ECONOMIC
INTERESTS.
new text begin Subdivision 1. new text end
new text begin Hennepin County candidates. new text end
deleted text begin
Sections 383B.041 to 383B.058 apply
to the financing of campaigns for county elections in Hennepin County and for city elections
in home rule charter cities and statutory cities located wholly within Hennepin County,
having a population of 75,000 or more, and for school board elections in the Special School
District No. 1, Minneapolis, and to disclosure of economic interests by candidates and
elected public officials of those jurisdictions. The provisions of sections 211A.02 to 211A.07
do not apply to the financing of campaigns for elections subject to the provisions of sections
383B.041 to 383B.058.
deleted text end
new text begin
Candidates for county commissioner, county attorney, and sheriff
of Hennepin County must file campaign disclosure forms with the filing officer for Hennepin
County. These candidates are subject to the provisions of chapter 211A.
new text end
new text begin Subd. 2. new text end
new text begin Political subdivision candidates. new text end
new text begin
Candidates for elected city, school board,
park commissioner, and other political subdivision offices within Hennepin County shall
file campaign disclosure forms with the filing officer for the political subdivision for which
the candidate is seeking office. These candidates are subject to the provisions of chapter
211A.
new text end
new text begin Subd. 3. new text end
new text begin Political committees, political funds, and independent expenditures. new text end
new text begin
(a)
The provisions of chapter 10A apply to political committees as defined in section 10A.01,
subdivision 27; political funds as defined in section 10A.01, subdivision 28; and independent
expenditures as defined in section 10A.01, subdivision 18, related to:
new text end
new text begin
(1) a campaign for the nomination or election of a candidate for:
new text end
new text begin
(i) a county office in Hennepin County;
new text end
new text begin
(ii) a city office in a home rule charter or statutory city located wholly within Hennepin
County with a population of 75,000 or more; or
new text end
new text begin
(iii) the school board in Special School District No. 1; and
new text end
new text begin
(2) a ballot question or proposition that may be voted on by:
new text end
new text begin
(i) all voters in Hennepin County;
new text end
new text begin
(ii) all voters of a home rule charter or statutory city located wholly within Hennepin
County and having a population of 75,000 or more; or
new text end
new text begin
(iii) all voters in Special School District No. 1.
new text end
new text begin
(b) The provisions of chapter 211A apply to a campaign for nomination or election for
an office in the following political subdivisions:
new text end
new text begin
(1) a home rule or statutory city located wholly within Hennepin County and having a
population of less than 75,000; and
new text end
new text begin
(2) a school district located wholly within Hennepin County other than Special School
District No. 1.
new text end
new text begin
(c) The provisions of chapter 211A apply to a ballot question or proposition that may
be voted on by:
new text end
new text begin
(1) all voters of a home rule or statutory city located wholly within Hennepin County
and having a population of less than 75,000; and
new text end
new text begin
(2) all voters of a school district located wholly within Hennepin County other than
Special School District No. 1.
new text end
new text begin Subd. 4. new text end
new text begin Local ordinances and charters superseded. new text end
new text begin
This section supersedes the
provisions of any ordinance or resolution of a political subdivision within Hennepin County,
or any existing special law or home rule charter provision of a political subdivision within
Hennepin County requiring disclosure of information related to the financing of election
campaigns.
new text end
new text begin Subd. 5. new text end
new text begin Economic interest disclosure; Special School District No. 1. new text end
new text begin
Every candidate
for school board in Special School District No. 1, Minneapolis, must file an original statement
of economic interest with the school district within 14 days of the filing of an affidavit or
petition to appear on the ballot. An elected official in Special School District No. 1,
Minneapolis, must file the annual statement required in section 10A.09, subdivision 6, with
the school district for every year that the individual serves in office. An original and annual
statement must contain the information listed in section 10A.09, subdivision 5. The provisions
of section 10A.09, subdivisions 6a, 7, and 9, apply to statements required under this
subdivision.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2022, and applies to reports
and disclosures required to be filed on or after that date.
new text end
Sec. 33. new text begin REPEALER.
new text end
new text begin Subdivision 1. new text end
new text begin Enterprise Minnesota, Inc. new text end
new text begin
Minnesota Statutes 2020, sections 116O.03,
subdivision 9; and 116O.04, subdivision 3,
new text end
new text begin
are repealed.
new text end
new text begin Subd. 2. new text end
new text begin Hennepin County. new text end
new text begin
Minnesota Statutes 2020, sections 10A.15, subdivision 6;
383B.042; 383B.043; 383B.044; 383B.045; 383B.046; 383B.047; 383B.048; 383B.049;
383B.05; 383B.051; 383B.052; 383B.053; 383B.054; 383B.055; 383B.056; and 383B.057,
new text end
new text begin
are repealed.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
Subdivision 2 is effective January 1, 2022, and applies to reports
and disclosures required to be filed on or after that date.
new text end
APPENDIX
Repealed Minnesota Statutes: H1952-4
3.972 AUDITS OF AGENCIES.
Subd. 2c.
Audits of the Department of Transportation.
The legislative auditor must audit, as resources permit, the programs and services administered by the Department of Transportation.
Subd. 2d.
Audits of the Department of Public Safety.
The legislative auditor must audit, as resources permit, the programs and services administered by the Department of Public Safety.
10A.15 CONTRIBUTIONS.
Subd. 6.
Contributions from Hennepin County registered associations.
In lieu of registration with the board, an association registered with the Hennepin County filing officer under sections 383B.041 to 383B.058 that makes contributions of more than $200 to a committee or fund in a calendar year may notify the recipient committee of its registration with Hennepin County, including its registration number, and instruct the recipient committee to include the notice when the recipient committee discloses receipt of the contribution.
16E.0466 STATE AGENCY TECHNOLOGY PROJECTS.
Subdivision 1.
Consultation required.
(a) Every state agency with an information or telecommunications project must consult with the Office of MN.IT Services to determine the information technology cost of the project. Upon agreement between the commissioner of a particular agency and the chief information officer, the agency must transfer the information technology cost portion of the project to the Office of MN.IT Services. Service level agreements must document all project-related transfers under this section. Those agencies specified in section 16E.016, paragraph (d), are exempt from the requirements of this section.
(b) Notwithstanding section 16A.28, subdivision 3, any unexpended operating balance appropriated to a state agency may be transferred to the information and telecommunications technology systems and services account for the information technology cost of a specific project, subject to the review of the Legislative Advisory Commission, under section 16E.21, subdivision 3.
16E.05 GOVERNMENT INFORMATION ACCESS.
Subd. 3.
Capital investment.
No state agency may propose or implement a capital investment plan for a state office building unless:
(1) the agency has developed a plan for increasing telecommuting by employees who would normally work in the building, or the agency has prepared a statement describing why such a plan is not practicable; and
(2) the plan or statement has been reviewed by the office.
16E.071 E-GOVERNMENT ADVISORY COUNCIL.
Subdivision 1.
E-Government Advisory Council established.
The E-Government Advisory Council is established for the purpose of improving online government information services to citizens and businesses.
Subd. 2.
Membership.
The council shall consist of nine members as follows:
(1) the state chief information officer or the chief information officer's designee;
(2) one public member appointed by the speaker of the house;
(3) one public member appointed by the senate Subcommittee on Committees of the Rules and Administration Committee;
(4) five members appointed by the governor representing state executive branch agencies that are actively involved with private businesses, the private business community, or the public; and
(5) one member appointed by the governor who is knowledgeable in public access to government data.
Subd. 3.
Initial appointments and first meeting.
Appointing authorities shall make the first appointments to the council by September 1, 2013. The first member appointed by the speaker of the house shall serve until the first Monday in January 2015. The governor shall designate three initial appointees to serve until the first Monday in January 2015. The term of the other three initial appointees of the governor and the first member appointed by the senate shall be until the first Monday in January 2017. The chief information officer or the chief information officer's designee shall convene the council's first meeting by November 1, 2013, and shall act as chair until the council elects a chair at its first meeting.
Subd. 4.
Terms; removal; vacancies; compensation.
Membership terms, removal of member, and filling of vacancies are as provided in section 15.059, except that members shall not receive compensation or be reimbursed for expenses and except that terms of initial appointees are as provided in subdivision 3.
Subd. 5.
Chair.
The council shall annually elect a chair from its members.
Subd. 6.
Duties.
The council shall recommend to the office the priority of North Star projects and online government information services to be developed and supported by convenience fee receipts. The council shall provide oversight on the convenience fee and its receipts in the North Star account. The council shall by majority quorum vote to recommend to approve or disapprove establishing the convenience fee on particular types of transactions, the fee amount, and any changes in the fee amount. If the convenience fee receipts are retained by or transferred to the private entity in lieu of deposit in the North Star account, the council may audit the private entity's convenience fee receipts, expenses paid by the receipts, and associated financial statements.
Subd. 7.
Staff.
The office shall provide administrative support to the council.
Subd. 8.
Sunset.
The council shall expire the first Monday in January 2017.
Subd. 9.
Reports.
By June 1, 2014, and every year thereafter, the council shall report to the office with its recommendations regarding establishing the convenience fee, the fee amount, and changes to the fee amount.
16E.145 INFORMATION TECHNOLOGY APPROPRIATION.
An appropriation for a state agency information and telecommunications technology project must be made to the chief information officer. The chief information officer must manage and disburse the appropriation on behalf of the sponsoring state agency. Any appropriation for an information and telecommunications technology project made to a state agency other than the Office of MN.IT Services is transferred to the chief information officer.
116O.03 CORPORATION; BOARD OF DIRECTORS; POWERS.
Subd. 9.
Contributions to public officials; disclosure.
Each director shall file a statement with the Campaign Finance and Public Disclosure Board disclosing the nature, amount, date, and recipient of any contribution made to a public official, political committee, political fund, or political party, as defined in chapter 10A, that:
(1) was made within the four years preceding appointment to the Enterprise Minnesota, Inc. board; and
(2) was subject to the reporting requirements of chapter 10A.
The statement must be updated annually during the director's term to reflect contributions made to public officials during the appointed director's tenure.
116O.04 CORPORATE PERSONNEL.
Subd. 3.
Contributions to public officials; disclosure.
The president shall file a statement with the Campaign Finance and Public Disclosure Board disclosing the nature, amount, date, and recipient of any contribution made to a public official which:
(1) was made within the four years preceding employment with the Enterprise Minnesota, Inc. board; and
(2) was subject to the reporting requirements of chapter 10A.
The statement must be updated annually during the president's employment to reflect contributions made to public officials during the president's tenure.
383B.042 DEFINITIONS.
Subdivision 1.
For county campaign finance provisions.
For the purposes of sections 383B.041 to 383B.058, the terms defined in this section have the meanings given them. The terms defined in chapter 200 also apply to sections 383B.041 to 383B.058, unless a different meaning is specified in this section.
Subd. 2.
Advance of credit.
"Advance of credit" means any money owed for goods provided or services rendered. An advance of credit is an expenditure in the year in which the goods or services are used or consumed. "Advance of credit" does not mean "loan" as defined in subdivision 12.
Subd. 3.
Association.
"Association" means a business, corporation, firm, partnership, committee, labor organization, club, or any other group of two or more persons, which includes more than an immediate family, acting in concert.
Subd. 4.
Business with which the individual is associated.
"Business with which the individual is associated" means any association in connection with which the individual is compensated in excess of $50 except for actual and reasonable expenses in any month as a director, officer, owner, member, partner, employer or employee, or is a holder of securities worth $2,500 or more at fair market value.
Subd. 5.
Candidate.
"Candidate" means an individual, not within the definition of candidate of section 10A.01, subdivision 10, who seeks nomination or election to any county office in Hennepin County, to any city office in any home rule charter city or statutory city located wholly within Hennepin County and having a population of 75,000 or more or to the school board of Special School District No. 1, Minneapolis.
Subd. 6.
City.
"City" means any statutory or home rule charter city wholly within Hennepin County and having a population of 75,000 or more.
Subd. 7.
Contribution.
"Contribution" means a transfer of funds or a donation in kind.
"Contribution" includes any loan or advance of credit to a political committee, political fund, or principal campaign committee, if that loan or advance of credit is (a) forgiven, or (b) paid by an entity other than the political committee, political fund, or principal campaign committee to which the loan or advance of credit is made.
"Contribution" does not include services provided without compensation by an individual volunteering personal time on behalf of a candidate, political committee or political fund, or the publishing or broadcasting of news items or editorial comments by the news media.
Subd. 8.
Donation in kind.
"Donation in kind" means anything of value other than money or negotiable instruments given by an individual or association to a political committee, political fund, or principal campaign committee for the purpose of influencing the outcome of an election.
Subd. 9.
Election.
"Election" means any election held to nominate or elect any candidate or to decide any question on a county ballot in Hennepin County or on the ballot of any home rule charter city or statutory city located wholly within Hennepin County and having a population of 75,000 or more, or on the ballot of Special School District No. 1, Minneapolis.
Subd. 10.
Expenditure.
"Expenditure" means a purchase or payment of money or anything of value, or an advance of credit, made or incurred for the purpose of influencing the outcome of any election. "Expenditure" does not include services provided without compensation by an individual volunteering personal time on behalf of a candidate, political committee or political fund, or the publishing or broadcasting of news items or editorial comments by the news media.
Subd. 11.
Filing officer.
"Filing officer" means the official responsible under law for administration of the election laws for Hennepin County.
Subd. 12.
Loan.
"Loan" means an advance of money or anything of value made to a political committee, political fund, or principal campaign committee.
Subd. 13.
Political committee.
"Political committee" means any political party, association or person other than an individual that seeks as its major purpose to influence the outcome of any election for a city ballot issue or for any city office in the city of Bloomington; for a city or school district ballot issue and for any city or school district office in the city of Minneapolis, and in Special School District No. 1, Minneapolis; or for any countywide ballot issue or county office in Hennepin County; and not to influence the outcome of any other election.
Subd. 14.
Political fund.
"Political fund" means any accumulation of dues or voluntary contributions by an association other than a political committee, which accumulation is collected or expended for the purpose of influencing the outcome of any election for a city ballot issue or for any city office in the city of Bloomington; for a city or school district ballot issue and for any city or school district office in the city of Minneapolis, and in Special School District No. 1, Minneapolis; or for any countywide ballot issue or county office in Hennepin County; and not for the purpose of influencing the outcome of any other election.
Subd. 15.
Population.
"Population" means population as determined by the most recent federal census.
Subd. 16.
Principal campaign committee.
"Principal campaign committee" means the single political committee designated by a candidate for election for any city office in the city of Bloomington; for any city office in the city of Minneapolis; for any school district office in Special School District No. 1, Minneapolis; or for any county office in Hennepin County.
Subd. 17.
Transfer of funds.
"Transfer of funds" or "transfer" means money or negotiable instruments given by an individual or association to a political committee, political fund, or principal campaign committee for the purpose of influencing the outcome of any election.
383B.043 POLITICAL COMMITTEES; COUNTY AND CERTAIN OTHER ELECTIONS.
Subdivision 1.
Officers.
Every political committee shall have a chair and a treasurer, who may be the same individual. The treasurer may designate deputy treasurers and shall be responsible for their accounts. The treasurer shall designate a single depository and account for all contributions received by the political committee.
Subd. 2.
Prohibitions; acceptance of certain contributions; commingling of funds.
No contribution shall be accepted and no expenditure shall be made by or on behalf of a political committee while the office of treasurer is vacant. No anonymous contribution in excess of $20 shall be retained by the political committee but shall be forwarded to the state campaign finance and public disclosure board and deposited in the general fund. No funds of the political committee shall be commingled with the personal funds of any officer, member or associate of the committee. Any individual who violates a provision of this subdivision is guilty of a misdemeanor.
383B.044 POLITICAL FUNDS.
Subdivision 1.
When required.
No association other than a political committee shall transfer more than $100 in aggregate in any one year to candidates or political committees or make any expenditure unless the transfer or expenditure is made from a political fund.
Subd. 2.
Treasurer; commingling of funds; anonymous contributions.
Each association which has a political fund shall elect or appoint a treasurer of the political fund. No contributions to the political fund shall be accepted and no expenditures from the fund shall be made while the office of treasurer is vacant. The contents of the political fund shall not be commingled with any other funds or with the personal funds of any officer or member of the fund. No anonymous contribution in excess of $20 shall be retained by the political fund but shall be forwarded to the state campaign finance and public disclosure board and deposited in the general fund.
Subd. 3.
Use of dues and membership fees.
Notwithstanding subdivision 1, the association may, if not prohibited by other law, deposit in its political fund money derived from dues or membership fees. The treasurer of the fund, in any report required by section 383B.049, shall disclose the name of any member whose dues, membership fees and contributions deposited in the political fund in any one year exceed $50 in the aggregate.
Subd. 4.
Penalty.
Any person who knowingly violates the provisions of this section is guilty of a misdemeanor.
383B.045 PRINCIPAL CAMPAIGN COMMITTEE.
Every candidate who receives contributions or makes expenditures in excess of $100 shall designate and cause to be formed a single political committee which shall be known as the candidate's principal campaign committee. The candidate shall make expenditures only through the candidate's principal campaign committee. The candidate may be the chair and treasurer of the principal campaign committee.
383B.046 REGISTRATION OF POLITICAL COMMITTEES, POLITICAL FUNDS, AND PRINCIPAL CAMPAIGN COMMITTEES.
Subdivision 1.
Filing office; deadline.
Every political committee, political fund and principal campaign committee as defined in section 383B.042, subdivisions 13, 14, and 16, shall register with the filing officer within 14 days after the date by which the committee or fund has received contributions or made expenditures in excess of $100. A political committee, political fund, or principal campaign committee that is registered with the Campaign Finance and Public Disclosure Board under section 10A.14 need not register under this section.
Subd. 2.
Statement required.
A political committee, political fund, or principal campaign committee registers by filing a statement of organization that includes:
(a) the name and address of the political committee, political fund, or principal campaign committee;
(b) the name and address of the chair, the treasurer, and any deputy treasurers;
(c) the name and address of the depository used by the committee or fund;
(d) the name and address of any supporting association of a political fund; and
(e) a statement as to whether the committee is a principal campaign committee.
The statement of organization shall be filed by the treasurer of the political committee, political fund or principal campaign committee.
383B.047 ACCOUNTS WHICH MUST BE KEPT.
Subdivision 1.
Contributions; expenditures; transfers.
The treasurer of any political committee, political fund or principal campaign committee shall keep an account of:
(1) the sum of all contributions made to the political committee, political fund, or principal campaign committee;
(2) the name and address of each source of a transfer or donation in kind, together with the date and amount;
(3) each expenditure made by or on behalf of the committee or fund together with the date and amount; and
(4) the name and address of each political committee, political fund, or principal campaign committee to which transfers have been made, together with the date and amount.
Subd. 2.
Authorization of expenditures; receipts.
Each expenditure by a political committee, political fund or principal campaign committee shall be authorized by the treasurer. The treasurer may authorize not more than $20 per week as petty cash for miscellaneous expenditures. The treasurer shall obtain a receipted bill stating the particulars for every expenditure made by or on behalf of the political committee, political fund, or principal campaign committee.
383B.048 CAMPAIGN REPORTS.
Subdivision 1.
Committees required to report; deadlines.
(a) The treasurer of any political committee, political fund, or principal campaign committee required to register pursuant to section 383B.046 shall file campaign reports with the filing officer. In each year in which the name of the candidate is on the ballot, the report of the principal campaign committee shall be filed one week before a regular primary and a regular election. Political committees and political funds shall file campaign reports one week before a regular primary or regular election.
(b) The treasurer of a principal campaign committee shall file reports one week before a special primary or other special election and 30 days after a special election.
(c) The reports shall cover the period from the day after the end of the previous reporting period to one week before the filing date.
(d) A campaign report shall be filed by all treasurers on January 31 of each year covering the period from the day after the end of the previous reporting period to December 31 of the preceding calendar year.
Subd. 2.
Content of reports.
Each campaign report required under this section shall disclose:
(1) the amount of liquid assets on hand at the beginning of the reporting period;
(2) the name, address and employer, or occupation if self-employed, of each individual, committee or political fund that made transfers or donations in kind to the political committee, political fund, or principal campaign committee in an aggregate amount or value in excess of $100, together with the amount and date;
(3) the sum of all contributions made to the political committee, political fund, or principal campaign committee;
(4) each loan made or received by the political committee, political fund, or principal campaign committee within the year in aggregate in excess of $100, together with the name, address, occupation and the principal place of business, if any, of the lender and any endorser and the date and amount of the loan. A loan made to a political committee, political fund, or principal campaign committee which is forgiven or is repaid by an entity other than that political committee or fund shall be reported as a contribution;
(5) the sum of all receipts, including all contributions and loans, during the reporting period;
(6) the name and address of each person to whom aggregate expenditures have been made by or on behalf of the political committee, political fund, or principal campaign committee within the year in excess of $100, the amount, date and purpose of each expenditure and the ballot question or the name and address of the candidate supported or opposed by the expenditure;
(7) the sum of all expenditures made by the political committee, political fund, or principal campaign committee;
(8) the amount and nature of any advance of credit incurred by the political committee, political fund, or principal campaign committee continuously reported until paid or forgiven. An advance of credit incurred by a political committee, political fund, or principal campaign committee which is forgiven or is paid by an entity other than that political committee, political fund, or principal campaign committee shall be reported as a donation in kind;
(9) the name and address of each political committee, political fund, or principal campaign committee to which aggregate transfers in excess of $100 have been made within the year, together with the amount and date of each transfer;
(10) the sum of all transfers made to political committees, political funds, or principal campaign committees; and
(11) the sum of all disbursements not made to influence the outcome of an election.
Subd. 3.
Party sample ballots.
Expenditures by a political party as defined in section 200.02, subdivision 7, or a substate unit of such a party, for the preparation, display and distribution of an official party sample ballot containing the names of three or more individuals whose names are to appear on the ballot shall not be considered contributions or expenditures on behalf of any candidate.
Subd. 4.
Termination reports.
(a) A political committee, political fund, or principal campaign committee created pursuant to section 383B.046 may dissolve upon filing of a termination report indicating that the committee or fund has settled all of its debts and disposed of all assets in excess of $100. The termination report shall include all information required in a periodic campaign report.
(b) Political committees and political funds that were created for purposes of supporting or opposing candidates or ballot issues beyond the scope of those identified in section 383B.042, subdivision 5, 13, or 14, may terminate their registration with Hennepin County. Termination of a registration under this provision does not require termination of the political committee or political fund and does not require settlement of all debts and disposition of all assets in excess of $100.
383B.049 EXPENDITURES BY INDIVIDUALS.
Subdivision 1.
Reports.
Except as provided in subdivision 2, any individual who makes expenditures in an aggregate amount of $100 or more in any year, which expenditures are not required to be reported by any political committee, political fund, or principal campaign committee as contributions to that political committee, political fund, or principal campaign committee, shall file campaign reports in the form required by section 383B.048 with respect to those expenditures.
Subd. 2.
Exception; independent expenditures.
An individual shall not be required to report any expenditure which is made without the cooperation or express or implied consent of any candidate, political committee, political fund, or agent of a candidate, political committee, or political fund, unless the expenditure expressly advocates the election or defeat of a clearly identified candidate or the approval or rejection of a clearly identified county or city ballot question at any election.
383B.05 ADDITIONAL INFORMATION TO BE DISCLOSED.
Subdivision 1.
Earmarked contributions.
Any individual, political committee, political fund, or principal campaign committee that receives a contribution from any person or association in an aggregate in excess of $50 with the express or implied condition that the contribution or any part of it be directed to a particular candidate shall disclose to the ultimate recipient and in any report required by section 383B.048, the original source of the contribution, the fact that it was earmarked and the candidate to whom it is directed. The ultimate recipient of any earmarked contribution shall also disclose the original source and the individual, political committee, political fund, or principal campaign committee through which it was directed. Any individual, political committee, political fund, or principal campaign committee that knowingly accepts earmarked funds and fails to make the disclosure required by this subdivision is guilty of a misdemeanor.
Subd. 2.
Bills when rendered and paid.
Every person who has a bill, charge or claim against any political committee, political fund, or principal campaign committee for any expenditure shall render in writing to the treasurer of the committee or fund the bill, charge or claim within 60 days after the material or service is provided. Failure to present the bill, charge or claim as required by this subdivision is a petty misdemeanor.
383B.051 CIRCUMVENTION PROHIBITED.
Any person who attempts to circumvent disclosure of the source or amount of contributions or expenditures by redirecting funds through or contributing funds on behalf of another person is guilty of a misdemeanor.
383B.052 ECONOMIC REPRISALS PROHIBITED.
No individual or association shall engage in economic reprisals or threaten loss of employment or physical coercion against any individual or association because of the political contributions or political activity of that individual or association. This subdivision does not apply to compensation for employment or loss of employment when the political affiliation or viewpoint of the employee is a bona fide occupational qualification of the employment. Any individual or association that violates this subdivision is guilty of a misdemeanor.
383B.053 ECONOMIC INTEREST DISCLOSURE.
Subdivision 1.
Officials required to file; deadlines.
Every candidate for county office, every elected official of Hennepin County, every candidate for office and every elected official of a home rule charter city or statutory city located wholly within Hennepin County and having a population of 75,000 or more, and every candidate for school board and every elected official in Special School District No. 1, Minneapolis shall file statements of economic interest as required by this section with the filing officer. A candidate shall file an original statement within 14 days of the filing of an affidavit or petition to appear on the ballot. Every individual required to file a statement shall file a supplementary statement on April 15 of each year in which the individual remains a candidate or elected official. An official required to file a statement of economic interest under section 10A.09 is not required to comply with this section.
Subd. 2.
Content of statement.
An individual required to file a statement of economic interest shall disclose:
(1) the individual's name, address, occupation and principal place of business;
(2) the name of each business with which the individual is associated and the nature of that association;
(3) a listing of all real property within the state, excluding homestead property, in which the individual holds: (i) a fee simple interest, a mortgage, a contract for deed as buyer or seller, or an option to buy, whether direct or indirect, and which interest has a market value in excess of $2,500 as shown on the real estate tax statement for the property or (ii) an option to buy, which property has a fair market value of $50,000 or more;
(4) a listing of all real property within the state in which a partnership of which the individual is a member holds: (i) a fee simple interest, a mortgage, a contract for deed as buyer or seller, or an option to buy, whether direct or indirect, if the individual's share of the partnership interest has a market value in excess of $2,500 as shown on the real estate tax statement for the property or (ii) an option to buy, which property has a fair market value of $50,000 or more; and
(5) in supplementary statements only, the amount of each honorarium in excess of $50 received since the last statement, together with the name and address of the source.
Any listing under clause (3) or (4) shall indicate the street address and the municipality or the section, township range and approximate acreage, whichever applies, and the county wherein the property is located.
383B.054 REPORTS AND STATEMENTS; REQUIREMENTS.
Subdivision 1.
Certification.
A report or statement required by sections 383B.046 to 383B.054 shall be signed and certified as true by the individual required to file the report. Any individual who signs and certifies to be true a report or statement which the individual knows contains false information or who knowingly omits required information is guilty of a gross misdemeanor.
Subd. 2.
Transmittal, retention, public inspection.
The filing officer shall promptly transmit to the appropriate city clerk a copy of each statement and report filed by a candidate for city office, a political committee or fund that discloses contributions or expenditures to influence a city or an elected city official. The filing officer and each city clerk shall retain the statements, reports and copies and make them available for public inspection for a period of five years after the date of receipt by the filing officer.
Subd. 3.
Changes and corrections.
Any material changes in information previously submitted and any corrections to a report or statement shall be reported in writing to the filing officer within ten days following the date of the event prompting the change or the date upon which the individual filing became aware of the inaccuracy. The change or correction shall identify the form and the paragraph containing the information to be changed or corrected. Any individual who willfully fails to report a material change or correction is guilty of a misdemeanor.
Subd. 4.
Record keeping.
Each individual required to file any report or statement or to keep any account pursuant to sections 383B.046 to 383B.054 shall maintain and preserve for four years the records, including any vouchers, canceled checks, bills, invoices, worksheets and receipts, that will provide in sufficient detail the necessary information from which the accounts and the filed reports and statements may be verified, explained, clarified and checked for accuracy and completeness.
Subd. 5.
Penalties.
The filing officer shall notify by certified mail or personal service any individual who fails to file a statement or report required by sections 383B.046 to 383B.054. Except for any campaign report of a principal campaign committee due before an election, if an individual fails to file any statement or report within seven days after receiving a notice, the filing officer may impose a late filing fee of $5 per day, not to exceed $100, commencing on the eighth day after receiving notice. If a treasurer of a principal campaign committee fails to file a campaign report due before an election within three days of the date due, regardless of whether the treasurer has received any notice, the filing officer may impose a late filing fee of $50 per day, not to exceed $500, commencing on the fourth day after the date the statement was due. The filing officer shall further notify by certified mail or personal service any individual who fails to file any statement or report within 21 days after receiving a first notice that the individual may be subject to a criminal penalty for failure to file the statement or report. An individual who knowingly fails to file the statement or report within seven days after receiving a second notice from the filing officer is guilty of a misdemeanor. A filing officer who violates any provision of this subdivision is guilty of a misdemeanor.
Subd. 6.
Recovery of late filing fees.
A filing officer may bring an action in the Fourth Judicial District Court to recover any late filing fee imposed pursuant to subdivision 5. All money recovered shall be deposited in the general fund of Hennepin County.
Subd. 7.
Reports of violations.
If any individual other than a county official or candidate for county office fails to file the required statement or report within seven days after a second notice as provided in subdivision 5, the filing officer shall inform the Hennepin County attorney that a second notice was sent and that the individual failed to file the required statement or report. If a county official or candidate fails to file a report or statement after a second notice as provided in subdivision 5, the filing officer shall notify the attorney general.
Subd. 8.
Report by subordinate.
(a) Any deputy, clerk, employee or other subordinate of a filing officer who has knowledge or reason to believe that a violation of sections 383B.041 to 383B.057 has occurred, shall immediately transmit a report of that knowledge or belief to that filing officer, together with any evidence of the violation coming into the subordinate's possession.
(b) Any filing officer who has knowledge or reason to believe that a violation of sections 383B.041 to 383B.058 has occurred shall immediately transmit a report of that knowledge or belief to the county attorney of the county in which the violation is thought to have occurred, together with any evidence of the violation coming into the filing officer's possession.
(c) The filing officer shall also immediately send a copy of the report to the Campaign Finance and Public Disclosure Board.
(d) A violation of this subdivision is a misdemeanor.
383B.055 DUTIES OF CAMPAIGN FINANCE BOARD; FILING OFFICERS.
Subdivision 1.
Board: advisory opinions, disclosure exemptions.
The state Campaign Finance and Public Disclosure Board shall:
(1) issue and publish advisory opinions concerning the requirements of sections 383B.041 to 383B.057 upon application in writing by the county filing officer of Hennepin County or any individual or association who wishes to use the opinion to guide the applicant's own conduct; and
(2) exempt any individual or association required to disclose information under sections 383B.046 to 383B.05 from any requirement of those sections in the same manner as it exempts any individual or association from disclosure requirements under chapter 10A. An individual or association exempted from the disclosure provisions of chapter 10A, shall also be exempt from the disclosure provisions of sections 383B.046 to 383B.05.
Subd. 2.
Filing officer: develop, distribute needed forms.
The county filing officer of Hennepin County shall develop forms for all statements and reports required to be filed under sections 383B.041 to 383B.054. The filing officer shall furnish sufficient copies of the forms to all officers with whom candidates file affidavits or applications of candidacy and nominating petitions.
Subd. 3.
Candidacy filing officer: forms to candidates; penalty.
An officer who receives affidavits or applications of candidacy or nominating petitions shall mail or deliver a copy of each form required to be filed by a candidate to each candidate who files an affidavit, application or petition with that officer or for whom a write-in vote is cast on the ballot of that jurisdiction. Any officer who fails to carry out the duties imposed by this subdivision is guilty of a misdemeanor.
383B.056 PENALTIES.
Except as expressly provided to the contrary in sections 383B.041 to 383B.055, a violation of sections 383B.041 to 383B.055 is not a crime.
383B.057 PROSECUTION OF VIOLATIONS.
Except as otherwise provided in this section, a violation of a criminal provision of sections 383B.041 to 383B.056 shall be prosecuted by the Hennepin County attorney in the Fourth Judicial District Court. A violation by a county official or candidate shall be prosecuted by the attorney general in the district court of Ramsey County.