3rd Engrossment - 92nd Legislature (2021 - 2022) Posted on 05/19/2021 09:22am
A bill for an act
relating to operation of state government; appropriating money for the legislature,
office of the governor and lieutenant governor, state auditor, attorney general,
secretary of state, certain state agencies, boards, commissions, councils, offices,
Minnesota State Lottery, Minnesota Humanities Center, certain retirement accounts,
and military and veterans affairs; cancelling certain 2021 appropriations;
designating the state fire museum; changing provisions for the legislative auditor
and Legislative Coordinating Commission; authorizing virtual payments; creating
the capitol flag program; modifying provisions for Tribal governments, state budget
and forecast, administrative operations, general services revolving fund, grants,
motor pool, historic properties and historical societies, taxpayer assistance grants,
background checks, lawful gambling, election administration, campaign finance,
Office of MN.IT Services, open meeting law, municipal planning, port authority,
municipalities, metropolitan government, Duluth entertainment and convention
center complex, bids and letting of contracts, and dedication fees; auditing state
use of federal funds; creating the Office of Enterprise Sustainability; requiring
racial equity impact assessments; requiring sensory accessibility accommodations;
establishing the Legislative Commission on Cybersecurity; designating India Day;
requiring SEGIP to contract with a pharmacy benefit manager; requiring a strategic
plan for state space consolidation and moving; certifying legislative funding needed;
requiring a study of L'Orient Avenue property use; prohibiting contracts with
certain vendors; requiring the secretary of state to display business addresses on
its website; modifying staff reduction provision, electric vehicle charging, police
canine officers, and federal funds replacement; making policy and technical changes
to various military and veterans affairs provisions including provisions related to
the adjutant general, housing, veterans benefits, and veterans services; allowing
deferred prosecutions for former and current military members in certain
circumstances; classifying data; making changes to the military code; modifying
certain requirements and qualifications; making jurisdictional and appellate changes;
providing punishable offenses under the military code; providing penalties;
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; 4A.01, subdivision 3; 4A.02;
5.30, subdivision 2; 5B.06; 8.31, subdivision 1; 10.44; 10.45; 10.578; 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.17, subdivision 4; 10A.20,
subdivisions 3, 6a, 13, by adding a subdivision; 10A.27, subdivision 13; 10A.275,
subdivision 1; 10A.323; 13.607, by adding a subdivision; 13D.01, subdivisions 4,
5; 13D.015; 13D.02; 13D.021; 15.01; 15.057; 16A.06, by adding a subdivision;
16A.103, subdivision 1; 16A.152, subdivision 2; 16B.24, subdivision 1, by adding
a subdivision; 16B.2975, by adding a subdivision; 16B.48, subdivision 2; 16B.54,
subdivisions 1, 2; 16B.98, by adding a subdivision; 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; 43A.046; 43A.23, subdivision 1; 97A.057, subdivision 1; 135A.17, subdivision
2; 138.081, subdivisions 1, 2, 3; 138.31, by adding a subdivision; 138.34; 138.40;
138.665, subdivision 2; 138.666; 138.667; 138.763, subdivision 1; 190.07; 192.67;
192A.02, subdivision 2; 192A.021; 192A.111; 192A.15, subdivisions 1, 2;
192A.155, subdivision 2; 192A.20; 192A.235, subdivision 3; 192A.343, subdivision
3; 192A.353, subdivision 2; 192A.371; 192A.384; 192A.56; 192A.612; 192A.62;
197.791, subdivisions 4, 5, 5a, 5b; 198.006; 198.03, subdivision 2; 201.014, by
adding a subdivision; 201.071, subdivisions 1, 2, 3, 8; 201.091, subdivision 2;
201.12, subdivision 2; 201.121, subdivision 3; 201.13, subdivision 3; 201.161;
201.1611, subdivision 1; 201.162; 201.225, subdivision 2; 202A.11, subdivision
2; 202A.16, subdivision 1; 203B.01, subdivision 3, by adding a subdivision;
203B.02, by adding a subdivision; 203B.03, by adding a subdivision; 203B.04,
subdivision 1; 203B.081, subdivisions 1, 2, 3; 203B.11, subdivision 1; 203B.12,
subdivision 7; 203B.121, subdivisions 2, 3, 4; 203B.16, subdivision 2; 203B.24,
subdivision 1; 204B.06, subdivisions 1b, 4a; 204B.09, subdivisions 1, 3; 204B.13,
by adding a subdivision; 204B.16, subdivision 1; 204B.19, subdivision 6; 204B.21,
subdivision 2; 204B.36, subdivision 2; 204B.44; 204B.45, subdivisions 1, 2;
204B.46; 204C.05, subdivisions 1a, 1b; 204C.10; 204C.15, subdivision 1; 204C.21,
subdivision 1; 204C.27; 204C.33, subdivision 3; 204C.35, subdivision 3, by adding
a subdivision; 204C.36, subdivision 1; 204D.08, subdivision 4; 204D.13,
subdivision 1; 204D.19, subdivision 2; 204D.195; 204D.22, subdivision 3; 204D.23,
subdivision 2; 204D.27, subdivision 5; 204D.28, subdivisions 9, 10; 205.13,
subdivision 5; 205A.10, subdivision 5; 205A.12, subdivision 5; 206.805,
subdivision 1; 206.89, subdivisions 4, 5; 206.90, subdivision 6; 207A.12; 207A.13;
207A.14, subdivision 3; 209.021, subdivision 2; 211B.04, subdivisions 2, 3, by
adding a subdivision; 211B.11, subdivision 1; 211B.20, subdivision 1; 211B.32,
subdivision 1; 270B.13, by adding a subdivision; 270C.21; 349.151, subdivision
2; 367.03, subdivision 6; 367.25, subdivision 1; 383B.041; 412.02, subdivision
2a; 447.32, subdivision 4; 462.358, by adding a subdivision; 469.074, by adding
a subdivision; 471.342, subdivisions 1, 4; 471.345, subdivision 20; 473.24; 473.606,
subdivision 5; 606.06; 609.165, subdivision 1; Laws 1963, chapter 305, sections
2, as amended; 3, as amended; 4, as amended; 5, as amended; 8, as amended; 9,
as amended; 10, as amended; Laws 2006, chapter 269, section 2, as amended;
Laws 2013, chapter 85, article 5, section 44; Laws 2019, First Special Session
chapter 10, article 1, section 40; Laws 2020, chapter 77, section 3, subdivision 6;
proposing coding for new law in Minnesota Statutes, chapters 1; 3; 5; 10; 13D;
16A; 16B; 16C; 43A; 192A; 196; 201; 206; 211B; 243; 299C; 471; 609; repealing
Minnesota Statutes 2020, sections 3.972, subdivisions 2c, 2d; 3.9741, subdivision
5; 4A.11; 10A.15, subdivision 6; 15.0395; 16A.90; 16E.0466, subdivision 1;
16E.05, subdivision 3; 16E.071; 16E.145; 43A.17, subdivision 9; 116O.03,
subdivision 9; 116O.04, subdivision 3; 179.90; 179.91; 192A.385; 299D.03,
subdivision 2a; 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:
Section 1. new text begin STATE GOVERNMENT APPROPRIATIONS.
|
new text begin
The sums shown in the columns marked "Appropriations" are appropriated to the agencies
and for the purposes specified in this article. The appropriations are from the general fund,
or another named fund, and are available for the fiscal years indicated for each purpose.
The figures "2022" and "2023" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2022, or June 30, 2023, respectively.
"The first year" is fiscal year 2022. "The second year" is fiscal year 2023. "The biennium"
is fiscal years 2022 and 2023.
new text end
new text begin
APPROPRIATIONS new text end |
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new text begin
Available for the Year new text end |
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new text begin
Ending June 30 new text end |
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new text begin
2022 new text end |
new text begin
2023 new text end |
Sec. 2. new text begin GOVERNOR AND LIEUTENANT
|
new text begin
$ new text end |
new text begin
3,622,000 new text end |
new text begin
$ new text end |
new text begin
3,622,000 new text end |
new text begin
(a) This appropriation is to fund the Office of
the Governor and Lieutenant Governor.
new text end
new text begin
(b) $19,000 each year are for necessary
expenses in the normal performance of the
governor's and lieutenant governor's duties for
which no other reimbursement is provided.
new text end
new text begin
(c) By September 1 of each year, the
commissioner of management and budget shall
report to the chairs and ranking minority
members of the legislative committees with
jurisdiction over state government finance any
personnel costs incurred by the Offices of the
Governor and Lieutenant Governor that were
supported by appropriations to other agencies
during the previous fiscal year. The Office of
the Governor shall inform the chairs and
ranking minority members of the committees
before initiating any interagency agreements.
new text end
Sec. 3. new text begin STATE AUDITOR
|
new text begin
$ new text end |
new text begin
12,053,000 new text end |
new text begin
$ new text end |
new text begin
12,152,000 new text end |
Sec. 4. new text begin ATTORNEY GENERAL
|
new text begin
$ new text end |
new text begin
33,530,000 new text end |
new text begin
$ new text end |
new text begin
31,086,000 new text end |
new text begin
Appropriations by Fund new text end |
||
new text begin
2022 new text end |
new text begin
2023 new text end |
|
new text begin
General new text end |
new text begin
30,614,000 new text end |
new text begin
28,170,000 new text end |
new text begin
State Government Special Revenue new text end |
new text begin
2,521,000 new text end |
new text begin
2,521,000 new text end |
new text begin
Environmental new text end |
new text begin
145,000 new text end |
new text begin
145,000 new text end |
new text begin
Remediation new text end |
new text begin
250,000 new text end |
new text begin
250,000 new text end |
Sec. 5. new text begin SECRETARY OF STATE
|
new text begin
$ new text end |
new text begin
8,710,000 new text end |
new text begin
$ new text end |
new text begin
7,726,000 new text end |
new text begin
(a) $500,000 the first year is for grants to
political subdivisions to recruit bilingual
election judges and bilingual trainee election
judges. This appropriation is available until
June 30, 2023.
new text end
new text begin
(b) $48,000 the second year is for the
preparation of voting instructions in languages
other than English for in-person absentee
voters. This is a onetime appropriation.
new text end
Sec. 6. new text begin CAMPAIGN FINANCE AND PUBLIC
|
new text begin
$ new text end |
new text begin
1,145,000 new text end |
new text begin
$ new text end |
new text begin
1,167,000 new text end |
Sec. 7. new text begin STATE BOARD OF INVESTMENT
|
new text begin
$ new text end |
new text begin
139,000 new text end |
new text begin
$ new text end |
new text begin
139,000 new text end |
Sec. 8. new text begin ADMINISTRATIVE HEARINGS
|
new text begin
$ new text end |
new text begin
8,236,000 new text end |
new text begin
$ new text end |
new text begin
8,240,000 new text end |
new text begin
Appropriations by Fund new text end |
||
new text begin
2022 new text end |
new text begin
2023 new text end |
|
new text begin
General new text end |
new text begin
405,000 new text end |
new text begin
409,000 new text end |
new text begin
Workers' Compensation new text end |
new text begin
7,831,000 new text end |
new text begin
7,831,000 new text end |
new text begin
$268,000 the first year and $272,000 the
second year are for municipal boundary
adjustments.
new text end
Sec. 9. new text begin OFFICE OF MN.IT SERVICES
|
new text begin
$ new text end |
new text begin
9,855,000 new text end |
new text begin
$ new text end |
new text begin
9,882,000 new text end |
new text begin
(a) The commissioner of management and
budget is authorized to provide cash flow
assistance of up to $50,000,000 from the
special revenue fund or other statutory general
funds as defined in Minnesota Statutes, section
16A.671, subdivision 3, paragraph (a), to the
Office of MN.IT Services for the purpose of
managing revenue and expenditure
differences. These funds shall be repaid with
interest by the end of the fiscal year 2023
closing period.
new text end
new text begin
(b) During the biennium ending June 30, 2023,
the Office of MN.IT Services must not charge
fees to a public noncommercial educational
television broadcast station eligible for funding
under Minnesota Statutes, chapter 129D, for
access to the state broadcast infrastructure. If
the access fees not charged to public
noncommercial educational television
broadcast stations total more than $400,000
for the biennium, the office may charge for
access fees in excess of these amounts.
new text end
new text begin
(c) $2,100,000 in fiscal year 2022 and
$2,050,000 in fiscal year 2023 are to
implement recommendations from the
Governor's Blue Ribbon Council on
Information Technology, established by
Executive Order 19-02 and re-established by
Executive Order 20-77. The base for this
appropriation is $1,400,000 in fiscal years
2024 and 2025.
new text end
Sec. 10. new text begin ADMINISTRATION
|
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
27,025,000 new text end |
new text begin
$ new text end |
new text begin
27,376,000 new text end |
new text begin
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
Government and Citizen Services
|
new text begin
11,517,000 new text end |
new text begin
11,699,000 new text end |
new text begin
new text begin Council on Developmental Disabilities.new text end
$222,000 each year is for the Council on
Developmental Disabilities.
new text end
new text begin Subd. 3. new text end
new text begin
Strategic Management Services
|
new text begin
2,174,000 new text end |
new text begin
2,218,000 new text end |
new text begin Subd. 4. new text end
new text begin
Fiscal Agent
|
new text begin
13,334,000 new text end |
new text begin
13,459,000 new text end |
new text begin
The appropriations under this section are to
the commissioner of administration for the
purposes specified.
new text end
new text begin
In-Lieu of Rent.
new text end
new text begin
$10,515,000 each year is for
space costs of the legislature and veterans
organizations, ceremonial space, and
statutorily free space.
new text end
new text begin
new text begin Public Television.new text end (a) $1,550,000 each year
is for matching grants for public television.
new text end
new text begin
(b) $250,000 each year is for public television
equipment grants under Minnesota Statutes,
section 129D.13.
new text end
new text begin
(c) The commissioner of administration must
consider the recommendations of the
Minnesota Public Television Association
before allocating the amounts appropriated in
paragraphs (a) and (b) for equipment or
matching grants.
new text end
new text begin
new text begin Public Radio.new text end (a) $392,000 the first year and
$492,000 the second year are for community
service grants to public educational radio
stations. This appropriation may be used to
disseminate emergency information in foreign
languages.
new text end
new text begin
(b) $117,000 the first year and $142,000 the
second year are for equipment grants to public
educational radio stations. This appropriation
may be used for the repair, rental, and
purchase of equipment including equipment
under $500.
new text end
new text begin
(c) $510,000 each year is for equipment grants
to Minnesota Public Radio, Inc., including
upgrades to Minnesota's Emergency Alert and
AMBER Alert Systems.
new text end
new text begin
(d) The appropriations in paragraphs (a) to (c)
may not be used for indirect costs claimed by
an institution or governing body.
new text end
new text begin
(e) The commissioner of administration must
consider the recommendations of the
Association of Minnesota Public Educational
Radio Stations before awarding grants under
Minnesota Statutes, section 129D.14, using
the appropriations in paragraphs (a) and (b).
No grantee is eligible for a grant unless they
are a member of the Association of Minnesota
Public Educational Radio Stations on or before
July 1, 2021.
new text end
new text begin
(f) Any unencumbered balance remaining the
first year for grants to public television or
public radio stations does not cancel and is
available for the second year.
new text end
Sec. 11. new text begin CAPITOL AREA ARCHITECTURAL
|
new text begin
$ new text end |
new text begin
386,000 new text end |
new text begin
$ new text end |
new text begin
365,000 new text end |
Sec. 12. new text begin MINNESOTA MANAGEMENT AND
|
new text begin
$ new text end |
new text begin
27,819,000 new text end |
new text begin
$ new text end |
new text begin
28,240,000 new text end |
Sec. 13. new text begin REVENUE
|
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
174,077,000 new text end |
new text begin
$ new text end |
new text begin
176,311,000 new text end |
new text begin
Appropriations by Fund new text end |
||
new text begin
2022 new text end |
new text begin
2023 new text end |
|
new text begin
General new text end |
new text begin
169,863,000 new text end |
new text begin
172,097,000 new text end |
new text begin
Health Care Access new text end |
new text begin
1,760,000 new text end |
new text begin
1,760,000 new text end |
new text begin
Highway User Tax Distribution new text end |
new text begin
2,195,000 new text end |
new text begin
2,195,000 new text end |
new text begin
Environmental new text end |
new text begin
259,000 new text end |
new text begin
259,000 new text end |
new text begin Subd. 2. new text end
new text begin
Tax System Management
|
new text begin
144,204,000 new text end |
new text begin
145,921,000 new text end |
new text begin
Appropriations by Fund new text end |
||
new text begin
2022 new text end |
new text begin
2023 new text end |
|
new text begin
General new text end |
new text begin
139,990,000 new text end |
new text begin
141,707,000 new text end |
new text begin
Health Care Access new text end |
new text begin
1,760,000 new text end |
new text begin
1,760,000 new text end |
new text begin
Highway User Tax Distribution new text end |
new text begin
2,195,000 new text end |
new text begin
2,195,000 new text end |
new text begin
Environmental new text end |
new text begin
259,000 new text end |
new text begin
259,000 new text end |
new text begin
new text begin Taxpayer Assistance.new text end (a) $1,100,000 each
year is for the commissioner of revenue to
make grants to one or more eligible
organizations, qualifying under section
7526A(e)(2)(B) of the Internal Revenue Code
of 1986, to coordinate, facilitate, encourage,
and aid in the provision of taxpayer assistance
services. The unencumbered balance in the
first year does not cancel but is available for
the second year.
new text end
new text begin
(b) For purposes of this section, "taxpayer
assistance services" means accounting and tax
preparation services provided by volunteers
to low-income, elderly, and disadvantaged
Minnesota residents to help them file federal
and state income tax returns and Minnesota
property tax refund claims and to provide
personal representation before the Department
of Revenue and Internal Revenue Service.
new text end
new text begin Subd. 3. new text end
new text begin
Debt Collection Management
|
new text begin
29,873,000 new text end |
new text begin
30,390,000 new text end |
Sec. 14. new text begin GAMBLING CONTROL
|
new text begin
$ new text end |
new text begin
5,728,000 new text end |
new text begin
$ new text end |
new text begin
5,123,000 new text end |
new text begin
These appropriations are from the lawful
gambling regulation account in the special
revenue fund.
new text end
Sec. 15. new text begin RACING COMMISSION
|
new text begin
$ new text end |
new text begin
913,000 new text end |
new text begin
$ new text end |
new text begin
913,000 new text end |
new text begin
These appropriations are from the racing and
card playing regulation accounts in the special
revenue fund.
new text end
Sec. 16. new text begin STATE LOTTERY
|
new text begin
Notwithstanding Minnesota Statutes, section
349A.10, subdivision 3, the State Lottery's
operating budget must not exceed $36,500,000
in fiscal year 2022 and $36,500,000 in fiscal
year 2023.
new text end
Sec. 17. new text begin AMATEUR SPORTS COMMISSION
|
new text begin
$ new text end |
new text begin
311,000 new text end |
new text begin
$ new text end |
new text begin
317,000 new text end |
Sec. 18. new text begin COUNCIL FOR MINNESOTANS OF
|
new text begin
$ new text end |
new text begin
544,000 new text end |
new text begin
$ new text end |
new text begin
552,000 new text end |
Sec. 19. new text begin COUNCIL ON LATINO AFFAIRS
|
new text begin
$ new text end |
new text begin
534,000 new text end |
new text begin
$ new text end |
new text begin
544,000 new text end |
Sec. 20. new text begin COUNCIL ON ASIAN-PACIFIC
|
new text begin
$ new text end |
new text begin
525,000 new text end |
new text begin
$ new text end |
new text begin
534,000 new text end |
Sec. 21. new text begin INDIAN AFFAIRS COUNCIL
|
new text begin
$ new text end |
new text begin
855,000 new text end |
new text begin
$ new text end |
new text begin
864,000 new text end |
Sec. 22. new text begin MINNESOTA HISTORICAL
|
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
23,918,000 new text end |
new text begin
$ new text end |
new text begin
24,218,000 new text end |
new text begin
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
Operations and Programs
|
new text begin
23,597,000 new text end |
new text begin
23,897,000 new text end |
new text begin
Notwithstanding Minnesota Statutes, section
138.668, the Minnesota Historical Society may
not charge a fee for its general tours at the
Capitol, but may charge fees for special
programs other than general tours.
new text end
new text begin Subd. 3. new text end
new text begin
Fiscal Agent
|
new text begin
(a) Global Minnesota new text end |
new text begin
39,000 new text end |
new text begin
39,000 new text end |
new text begin
(b) Minnesota Air National Guard Museum new text end |
new text begin
17,000 new text end |
new text begin
17,000 new text end |
new text begin
(c) Hockey Hall of Fame new text end |
new text begin
100,000 new text end |
new text begin
100,000 new text end |
new text begin
(d) Farmamerica new text end |
new text begin
115,000 new text end |
new text begin
115,000 new text end |
new text begin
(e) Minnesota Military Museum new text end |
new text begin
50,000 new text end |
new text begin
50,000 new text end |
new text begin
Any unencumbered balance remaining in this
subdivision the first year does not cancel but
is available for the second year of the
biennium.
new text end
Sec. 23. new text begin BOARD OF THE ARTS
|
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
7,551,000 new text end |
new text begin
$ new text end |
new text begin
7,561,000 new text end |
new text begin
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
Operations and Services
|
new text begin
612,000 new text end |
new text begin
622,000 new text end |
new text begin Subd. 3. new text end
new text begin
Grants Program
|
new text begin
4,800,000 new text end |
new text begin
4,800,000 new text end |
new text begin Subd. 4. new text end
new text begin
Regional Arts Councils
|
new text begin
2,139,000 new text end |
new text begin
2,139,000 new text end |
new text begin
Any unencumbered balance remaining in this
section the first year does not cancel, but is
available for the second year.
new text end
new text begin
Money appropriated in this section and
distributed as grants may only be spent on
projects located in Minnesota. A recipient of
a grant funded by an appropriation in this
section must not use more than ten percent of
the total grant for costs related to travel outside
the state of Minnesota.
new text end
new text begin
Money appropriated in this section and
distributed as grants may not be used for
projects that promote domestic terrorism or
criminal activities.
new text end
Sec. 24. new text begin MINNESOTA HUMANITIES
|
new text begin
$ new text end |
new text begin
375,000 new text end |
new text begin
$ new text end |
new text begin
375,000 new text end |
Sec. 25. new text begin BOARD OF ACCOUNTANCY
|
new text begin
$ new text end |
new text begin
688,000 new text end |
new text begin
$ new text end |
new text begin
698,000 new text end |
Sec. 26. new text begin BOARD OF ARCHITECTURE
|
new text begin
$ new text end |
new text begin
863,000 new text end |
new text begin
$ new text end |
new text begin
874,000 new text end |
Sec. 27. new text begin BOARD OF COSMETOLOGIST
|
new text begin
$ new text end |
new text begin
2,969,000 new text end |
new text begin
$ new text end |
new text begin
3,016,000 new text end |
Sec. 28. new text begin BOARD OF BARBER EXAMINERS
|
new text begin
$ new text end |
new text begin
348,000 new text end |
new text begin
$ new text end |
new text begin
353,000 new text end |
Sec. 29. new text begin GENERAL CONTINGENT
|
new text begin
$ new text end |
new text begin
1,000,000 new text end |
new text begin
$ new text end |
new text begin
500,000 new text end |
new text begin
Appropriations by Fund new text end |
||
new text begin
2022 new text end |
new text begin
2023 new text end |
|
new text begin
General new text end |
new text begin
500,000 new text end |
new text begin
-0- new text end |
new text begin
State Government Special Revenue new text end |
new text begin
400,000 new text end |
new text begin
400,000 new text end |
new text begin
Workers' Compensation new text end |
new text begin
100,000 new text end |
new text begin
100,000 new text end |
new text begin
(a) The appropriations in this section may only
be spent with the approval of the governor
after consultation with the Legislative
Advisory Commission pursuant to Minnesota
Statutes, section 3.30.
new text end
new text begin
(b) If an appropriation in this section for either
year is insufficient, the appropriation for the
other year is available for it.
new text end
new text begin
(c) If a contingent account appropriation is
made in one fiscal year, it should be
considered a biennial appropriation.
new text end
Sec. 30. new text begin TORT CLAIMS
|
new text begin
$ new text end |
new text begin
161,000 new text end |
new text begin
$ new text end |
new text begin
161,000 new text end |
new text begin
These appropriations are to be spent by the
commissioner of management and budget
according to Minnesota Statutes, section
3.736, subdivision 7. If the appropriation for
either year is insufficient, the appropriation
for the other year is available for it.
new text end
Sec. 31. new text begin MINNESOTA STATE RETIREMENT
|
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
14,886,000 new text end |
new text begin
$ new text end |
new text begin
14,878,000 new text end |
new text begin
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
Combined Legislators and
|
new text begin
8,886,000 new text end |
new text begin
8,878,000 new text end |
new text begin
Under Minnesota Statutes, sections 3A.03,
subdivision 2; 3A.04, subdivisions 3 and 4;
and 3A.115.
new text end
new text begin
If an appropriation in this section for either
year is insufficient, the appropriation for the
other year is available for it.
new text end
new text begin Subd. 3. new text end
new text begin
Judges Retirement Plan
|
new text begin
6,000,000 new text end |
new text begin
6,000,000 new text end |
new text begin
For transfer to the judges retirement fund
under Minnesota Statutes, section 490.123.
This transfer continues each fiscal year until
the judges retirement plan reaches 100 percent
funding as determined by an actuarial
valuation prepared according to Minnesota
Statutes, section 356.214.
new text end
Sec. 32. new text begin PUBLIC EMPLOYEES RETIREMENT
|
new text begin
$ new text end |
new text begin
25,000,000 new text end |
new text begin
$ new text end |
new text begin
25,000,000 new text end |
new text begin
(a) $9,000,000 the first year and $9,000,000
the second year are for direct state aid to the
public employees police and fire retirement
plan authorized under Minnesota Statutes,
section 353.65, subdivision 3b.
new text end
new text begin
(b) State payments from the general fund to
the Public Employees Retirement Association
on behalf of the former MERF division
account are $16,000,000 on September 15,
2021, and $16,000,000 on September 15,
2022. These amounts are estimated to be
needed under Minnesota Statutes, section
353.505.
new text end
Sec. 33. new text begin TEACHERS RETIREMENT
|
new text begin
$ new text end |
new text begin
29,831,000 new text end |
new text begin
$ new text end |
new text begin
29,831,000 new text end |
new text begin
The amounts estimated to be needed are as
follows:
new text end
new text begin
Special Direct State Aid. $27,331,000 each
year is for special direct state aid authorized
under Minnesota Statutes, section 354.436.
new text end
new text begin
Special Direct State Matching Aid.
$2,500,000 each year is for special direct state
matching aid authorized under Minnesota
Statutes, section 354.435.
new text end
Sec. 34. new text begin ST. PAUL TEACHERS RETIREMENT
|
new text begin
$ new text end |
new text begin
14,827,000 new text end |
new text begin
$ new text end |
new text begin
14,827,000 new text end |
new text begin
The amounts estimated to be needed for
special direct state aid to the first class city
teachers retirement fund association authorized
under Minnesota Statutes, section 354A.12,
subdivisions 3a and 3c.
new text end
Sec. 35. new text begin MILITARY AFFAIRS
|
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
24,393,000 new text end |
new text begin
$ new text end |
new text begin
24,589,000 new text end |
new text begin
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
Maintenance of Training Facilities
|
new text begin
9,772,000 new text end |
new text begin
9,842,000 new text end |
new text begin Subd. 3. new text end
new text begin
General Support
|
new text begin
3,507,000 new text end |
new text begin
3,633,000 new text end |
new text begin Subd. 4. new text end
new text begin
Enlistment Incentives
|
new text begin
11,114,000 new text end |
new text begin
11,114,000 new text end |
new text begin
The appropriations in this subdivision are
available until June 30, 2025, except that any
unspent amounts allocated to a program
otherwise supported by this appropriation are
canceled to the general fund upon receipt of
federal funds in the same amount to support
administration of that program.
new text end
new text begin
If the amount for fiscal year 2022 is
insufficient, the amount for 2023 is available
in fiscal year 2022. Any unencumbered
balance does not cancel at the end of the first
year and is available for the second year.
new text end
Sec. 36. new text begin VETERANS AFFAIRS
|
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
84,168,000 new text end |
new text begin
$ new text end |
new text begin
84,364,000 new text end |
new text begin
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
Veterans Programs and Services
|
new text begin
22,048,000 new text end |
new text begin
21,678,000 new text end |
new text begin
(a) CORE Program. $750,000 each year is
for the Counseling and Case Management
Outreach Referral and Education (CORE)
program.
new text end
new text begin
(b) Veterans Service Organizations.
$500,000 each year is for grants to the
following congressionally chartered veterans
service organizations as designated by the
commissioner: Disabled American Veterans,
Military Order of the Purple Heart, the
American Legion, Veterans of Foreign Wars,
Vietnam Veterans of America, AMVETS, and
Paralyzed Veterans of America. This funding
must be allocated in direct proportion to the
funding currently being provided by the
commissioner to these organizations.
new text end
new text begin
(c) Minnesota Assistance Council for
Veterans. $750,000 each year is for a grant
to the Minnesota Assistance Council for
Veterans to provide assistance throughout
Minnesota to veterans and their families who
are homeless or in danger of homelessness,
including assistance with the following:
new text end
new text begin
(1) utilities;
new text end
new text begin
(2) employment; and
new text end
new text begin
(3) legal issues.
new text end
new text begin
The assistance authorized under this paragraph
must be made only to veterans who have
resided in Minnesota for 30 days prior to
application for assistance and according to
other guidelines established by the
commissioner. In order to avoid duplication
of services, the commissioner must ensure that
this assistance is coordinated with all other
available programs for veterans.
new text end
new text begin
(d) State's Veterans Cemeteries. $1,672,000
each year is for the state's veterans cemeteries.
new text end
new text begin
(e) Honor Guards. $200,000 each year is for
compensation for honor guards at the funerals
of veterans under Minnesota Statutes, section
197.231.
new text end
new text begin
(f) Minnesota GI Bill. $200,000 each year is
for the costs of administering the Minnesota
GI Bill postsecondary educational benefits,
on-the-job training, and apprenticeship
program under Minnesota Statutes, section
197.791.
new text end
new text begin
(g) Gold Star Program. $100,000 each year
is for administering the Gold Star Program for
surviving family members of deceased
veterans.
new text end
new text begin
(h) County Veterans Service Office.
$1,100,000 each year is for funding the
County Veterans Service Office grant program
under Minnesota Statutes, section 197.608.
new text end
new text begin
(i) Veteran Homelessness Initiative.
$3,018,000 each year is for an initiative to
prevent and end veteran homelessness. The
commissioner of veterans affairs may provide
housing vouchers and other services to
alleviate homelessness among veterans and
former service members in Minnesota. The
commissioner may contract for program
administration and may establish a vacancy
reserve fund. The base for this appropriation
is $1,311,000 in fiscal year 2024 and
$1,311,000 in fiscal year 2025.
new text end
new text begin
(j) Independent Lifestyles. $75,000 each year
is appropriated for an ongoing annual grant to
Independent Lifestyles, Inc., for expenses
related to retreats for military veterans at
Camp Bliss in Walker, Minnesota, including
therapy, transportation, and activities
customized for military veterans.
new text end
new text begin
(k) Veterans On The Lake. $50,000 in fiscal
year 2022 is appropriated for a grant to
Veterans on the Lake for expenses related to
retreats for veterans including therapy,
transportation, and activities customized for
veterans.
new text end
new text begin
(l) Disabled Veterans Rest Camp. $128,000
in fiscal year 2022 is appropriated for a grant
to the Disabled Veterans Rest Camp on Big
Marine Lake in Washington County for
landscape improvements around the new
cabins, including a retaining wall around a
water drainage holding pond and security
fencing with vehicle control gates along the
entrance road. This is a onetime appropriation
and is available until the project is completed
or abandoned, subject to Minnesota Statutes,
section 16A.642.
new text end
new text begin Subd. 3. new text end
new text begin
9/11 Task Force
|
new text begin
400,000 new text end |
new text begin
$400,000 the first year is for the Advisory
Task Force on 9/11 and Global War on
Terrorism Remembrance. The task force must
collect, memorialize, and publish stories of
Minnesotans' service in the Global War on
Terrorism and impacts on their dependents.
The task force must host a remembrance
program in September 2021. This is a onetime
appropriation.
new text end
new text begin Subd. 4. new text end
new text begin
Veterans Health Care
|
new text begin
62,120,000 new text end |
new text begin
62,686,000 new text end |
new text begin
(a) Transfers. These appropriations may be
transferred to a veterans homes special
revenue account in the special revenue fund
in the same manner as other receipts are
deposited according to Minnesota Statutes,
section 198.34, and are appropriated to the
commissioner of veterans affairs for the
operation of veterans homes facilities and
programs.
new text end
new text begin
(b) Report. No later than January 15, 2022,
the commissioner must submit a report to the
legislative committees with jurisdiction over
veterans affairs and state government finance
on reserve amounts maintained in the veterans
homes special revenue account. The report
must detail current and historical amounts
maintained as a reserve and uses of those
amounts. The report must also include data on
the use of existing veterans homes, including
current and historical bed capacity and usage,
staffing levels and staff vacancy rates, and
staff-to-resident ratios.
new text end
new text begin
(c) Maximize Federal Reimbursements. The
department shall seek opportunities to
maximize federal reimbursements of
Medicare-eligible expenses and provide annual
reports to the commissioner of management
and budget on the federal Medicare
reimbursements received. Contingent upon
future federal Medicare receipts, reductions
to the homes' general fund appropriation may
be made.
new text end
new text begin Subd. 5. new text end
new text begin
Veteran Suicide Prevention Initiative
|
new text begin
1,000,000 new text end |
new text begin
650,000 new text end |
new text begin
$1,000,000 the first year and $650,000 the
second year is to address the problem of death
by suicide among veterans in Minnesota. The
commissioner of veterans affairs may use
funds for personnel, training, research,
marketing, and professional or technical
contracts. The base for this appropriation is
$550,000 in fiscal year 2024 and $550,000 in
fiscal year 2025.
new text end
new text begin Subd. 6. new text end
new text begin
Veterans Resilience Project; Report
|
new text begin
50,000 new text end |
new text begin
50,000 new text end |
new text begin
$50,000 each year is appropriated for a grant
to the veterans resilience project. Grant funds
must be used to make eye movement
desensitization and reprocessing therapy
available to veterans and current military
service members who are suffering from
posttraumatic stress disorder and trauma.
new text end
new text begin
The veterans resilience project must report to
the commissioner of veterans affairs and the
chairs and ranking minority members of the
legislative committees with jurisdiction over
veterans affairs policy and finance by January
15 of each year on the program. The report
must include: an overview of the program's
budget; a detailed explanation of program
expenditures; the number of veterans and
service members served by the program; and
a list and explanation of the services provided
to program participants.
new text end
new text begin
$250,000 in fiscal year 2022 and $250,000 in fiscal year 2023 are appropriated from the
general fund to the Minnesota Council on Disability for sensory accessibility accommodations
grants authorized by article 2, section 45. These are onetime appropriations.
new text end
new text begin
$750,000 in fiscal year 2022 is appropriated from the general fund to the Legislative
Coordinating Commission, Office of the Legislative Auditor, for purposes of the Mass
Demonstration Response Review Commission established in article 2.
new text end
new text begin
Notwithstanding Laws 2014, chapter 287, section 25, as amended by Laws 2015, chapter
77, article 2, section 78, for fiscal years 2021 and 2022, the state parking account is not
required to make the transfer to the general fund mandated by Laws 2014, chapter 287,
section 25, as amended by Laws 2015, chapter 77, article 2, section 78.
new text end
new text begin
This section is effective the day following final enactment.
new text end
new text begin
(a) $379,000 of the fiscal year 2021 general fund appropriation under Laws 2019, First
Special Session chapter 10, article 1, section 10, is canceled.
new text end
new text begin
(b) $300,000 of the fiscal year 2021 general fund appropriation under Laws 2019, First
Special Session chapter 10, article 1, section 11, subdivision 1, is canceled. This amount is
from the fiscal year 2021 appropriation for government and citizen services.
new text end
new text begin
(c) $1,367,000 of the fiscal year 2021 general fund appropriation under Laws 2019, First
Special Session chapter 10, article 1, section 13, is canceled.
new text end
new text begin
(d) $8,274,000 of the fiscal year 2021 general fund appropriation under Laws 2019, First
Special Session chapter 10, article 1, section 14, subdivision 1, is canceled. Of this amount,
$7,305,000 is from the fiscal year 2021 appropriation for tax system management, and
$969,000 is from the fiscal year 2021 appropriation for debt collection management.
new text end
new text begin
(e) $86,000 of the fiscal year 2021 general fund appropriation for moving and relocation
expenses under Laws 2019, First Special Session chapter 10, article 1, section 24, subdivision
2, as amended by Laws 2020, chapter 104, article 2, section 4, is canceled.
new text end
new text begin
This section is effective the day following final enactment.
new text end
new text begin
(a) $179,000 from the information and telecommunications technology systems and
services account established under Minnesota Statutes, section 16E.21, is canceled to the
general fund.
new text end
new text begin
(b) $14,000 from the information and telecommunications technology systems and
services account established under Minnesota Statutes, section 16E.21, is canceled to the
workers' compensation fund.
new text end
new text begin
(c) $5,000 from the information and telecommunications technology systems and services
account established under Minnesota Statutes, section 16E.21, is canceled to the state
government special revenue fund.
new text end
new text begin
This section is effective the day following final enactment.
new text end
new text begin
$5,000,000 of the senate carryforward balance is canceled to the general fund on July
1, 2021.
new text end
new text begin
$4,500,000 in fiscal year 2021 is appropriated from the general fund to the commissioner
of administration to complete and implement a comprehensive strategic plan for locating
state agencies and for agency space consolidation, reconfiguration, and relocation costs.
The strategic plan must consider the impacts of the COVID-19 infectious disease outbreak
on space usage, including the extent to which space in state buildings is underutilized or
vacant due to increased telecommuting or other similar work patterns by state employees.
This is a onetime appropriation and is available until June 30, 2023.
new text end
new text begin
Notwithstanding any law to the contrary, the commissioner of management and budget
must determine whether the expenditures authorized under this act are eligible uses of federal
funding received under the Coronavirus State Fiscal Recovery Fund or any other federal
funds received by the state under the American Rescue Plan Act, Public Law 117-2. If the
commissioner of management and budget determines an expenditure is eligible for funding
under Public Law 117-2, the amount of the eligible expenditure is appropriated from the
account where those amounts have been deposited and the corresponding general fund
amounts appropriated under this act are canceled to the general fund.
new text end
new text begin
The Bill and Bonnie Daniels Firefighters Hall and Museum in Minneapolis is designated
as the official state fire museum.
new text end
new text begin
Sums sufficient to operate the house of
representatives are appropriated from the general fund or other funds, as appropriate. No
later than June 1 each year, the controller of the house must certify to the commissioner of
management and budget the amounts to be appropriated under this section for the fiscal
year beginning on July 1, as determined by a majority vote conducted during a public
meeting of the house of representatives Committee on Rules and Legislative Administration.
new text end
new text begin
Sums sufficient to operate the senate are appropriated from the general
fund or other funds, as appropriate. No later than June 1 each year, the secretary of the
senate must certify to the commissioner of management and budget the amounts to be
appropriated under this section for the fiscal year beginning on July 1, as determined by a
majority vote conducted during a public meeting of the senate Committee on Rules and
Administration.
new text end
new text begin
Sums sufficient to operate the
Legislative Coordinating Commission are appropriated from the general fund or other funds,
as appropriate. No later than June 1 each year, the executive director of the Legislative
Coordinating Commission must certify to the commissioner of management and budget the
amounts to be appropriated under this section for the fiscal year beginning on July 1, as
determined by a majority vote conducted during a public meeting of the Legislative
Coordinating Commission.
new text end
new text begin
This section is effective the day following final enactment and
applies to appropriations for fiscal years 2022 and thereafter.
new text end
Minnesota Statutes 2020, section 3.302, subdivision 3, is amended to read:
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.
Minnesota Statutes 2020, section 3.303, subdivision 1, is amended to read:
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 .
Minnesota Statutes 2020, section 3.971, subdivision 2, is amended to read:
(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.
Minnesota Statutes 2020, section 3.971, is amended by adding a subdivision to
read:
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
Minnesota Statutes 2020, section 3.972, subdivision 2, is amended to read:
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 .
Minnesota Statutes 2020, section 3.972, subdivision 2a, is amended to read:
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
Minnesota Statutes 2020, section 3.978, subdivision 2, is amended to read:
All public
officials and their deputies and employees, and all corporations, firms, and individuals
having business involving the receipt, disbursement, or custody of public funds shall at all
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 .
Minnesota Statutes 2020, section 3.979, subdivision 3, is amended to read:
(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.
Minnesota Statutes 2020, section 4A.01, subdivision 3, is amended to read:
The commissioner must submit a report to the governor and chairs and
ranking minority members of the senate and house of representatives committees with
jurisdiction on state government finance by January 15 of each year that provides economic,
social, and environmental demographic information to assist public and elected officials
with long-term management decisions. The report must identify and assess the information
important to understanding the state's two-, ten-, and 50-year outlook. The report must
include the demographic forecast required by section 4A.02, paragraph (e), deleted text begin and information
to assist with the preparation of the milestones report required by section 4A.11,deleted text end and may
include policy recommendations based upon the information and assessment provided.
Minnesota Statutes 2020, section 4A.02, is amended to read:
(a) The commissioner shall appoint a state demographer. The demographer must be
professionally competent in demography and must possess demonstrated ability based upon
past performance.
(b) The demographer shall:
(1) continuously gather and develop demographic data relevant to the state;
(2) design and test methods of research and data collection;
(3) periodically prepare population projections for the state and designated regions and
periodically prepare projections for each county or other political subdivision of the state
as necessary to carry out the purposes of this section;
(4) review, comment on, and prepare analysis of population estimates and projections
made by state agencies, political subdivisions, other states, federal agencies, or
nongovernmental persons, institutions, or commissions;
(5) serve as the state liaison with the United States Bureau of the Census, coordinate
state and federal demographic activities to the fullest extent possible, and aid the legislature
in preparing a census data plan and form for each decennial census;
(6) compile an annual study of population estimates on the basis of county, regional, or
other political or geographical subdivisions as necessary to carry out the purposes of this
section and section 4A.03;
(7) by January 1 of each year, issue a report to the legislature containing an analysis of
the demographic implications of the annual population study and population projections;
(8) prepare maps for all counties in the state, all municipalities with a population of
10,000 or more, and other municipalities as needed for census purposes, according to scale
and detail recommended by the United States Bureau of the Census, with the maps of cities
showing precinct boundaries;
(9) prepare an estimate of population and of the number of households for each
governmental subdivision for which the Metropolitan Council does not prepare an annual
estimate, and convey the estimates to the governing body of each political subdivision by
June 1 of each yearnew text begin or, in a year following a decennial census, within six weeks of the date
the data are provided by the United States Census Bureau in that yearnew text end ;
(10) direct, under section 414.01, subdivision 14, and certify population and household
estimates of annexed or detached areas of municipalities or towns after being notified of
the order or letter of approval by the chief administrative law judge of the State Office of
Administrative Hearings;
(11) prepare, for any purpose for which a population estimate is required by law or
needed to implement a law, a population estimate of a municipality or town whose population
is affected by action under section 379.02 or 414.01, subdivision 14; and
(12) prepare an estimate of average household size for each statutory or home rule charter
city with a population of 2,500 or more by June 1 of each yearnew text begin or, in a year following a
decennial census, within six weeks of the date the data are provided by the United States
Census Bureau in that yearnew text end .
(c) A governing body may challenge an estimate made under paragraph (b) by filing
their specific objections in writing with the state demographer by June 24. If the challenge
does not result in an acceptable estimate, the governing body may have a special census
conducted by the United States Bureau of the Census. The political subdivision must notify
the state demographer by July 1 of its intent to have the special census conducted. The
political subdivision must bear all costs of the special census. Results of the special census
must be received by the state demographer by the next April 15 to be used in that year's
June 1 estimate to the political subdivision under paragraph (b).new text begin In the year following a
decennial census, challenges to the census count must be submitted to the United States
Census Bureau through its formal challenge process.
new text end
(d) The state demographer shall certify the estimates of population and household size
to the commissioner of revenue by July 15 each year, including any estimates still under
objectionnew text begin except that in a year following a decennial census, the estimate must be certified
within six weeks of the date the data are provided by the United States Census Bureau in
that yearnew text end .
(e) The state demographer may contract for the development of data and research required
under this chapter, including, but not limited to, population estimates and projections, the
preparation of maps, and other estimates.
new text begin
This section is effective the day following final enactment.
new text end
new text begin
(a) A business entity may request in writing that all addresses submitted by the business
entity to the secretary of state be omitted from display on the secretary of state's website.
A business entity may only request that all addresses be omitted from display if the entity
certifies that:
new text end
new text begin
(1) there is only one shareholder, manager, member, or owner of the business entity;
new text end
new text begin
(2) the shareholder, manager, member, or owner is a natural person; and
new text end
new text begin
(3) at least one of the addresses provided is the residential address of the sole shareholder,
manager, member, or owner.
new text end
new text begin
The secretary of state shall post a notice that this option is available and a link to the form
needed to make a request on the secretary's website. The secretary of state shall also attach
a copy of the request form to all business filing forms provided in a paper format that require
a business entity to submit an address.
new text end
new text begin
(b) This section does not change the classification of data under chapter 13 and addresses
shall be made available to the public in response to requests made by telephone, mail, e-mail,
and facsimile transmission.
new text end
new text begin
This section is effective August 1, 2021, and applies to business
entity filings filed with the secretary of state on or after that date.
new text end
Minnesota Statutes 2020, section 10.44, is amended to read:
The budgets of the deleted text begin house of representatives, senate,deleted text end constitutional officers, district courts,
court of appeals, and supreme court must be submitted to and considered by the appropriate
committees of the legislature in the same manner as the budgets of executive agencies.
Minnesota Statutes 2020, section 10.45, is amended to read:
The budgets of the house of representatives, the senate, new text begin the Legislative Coordinating
Commission, new text end each constitutional officer, the district courts, court of appeals, and supreme
court shall be public information and shall be divided into expense categories. The categories
shall include, among others, travel and telephone expenses.
new text begin
(a) August 15 of each year is designated as India Day to commemorate and celebrate
the diverse culture, heritage, and traditions of Minnesotans of Indian ancestry. This date is
a time for the Indian American Minnesotan community to celebrate their contributions to
our state.
new text end
new text begin
(b) The diverse culture, traditions, and values of this community have contributed to the
vitality of Minnesota. Each year, the governor shall issue a proclamation honoring the
observance of India Day and shall encourage Minnesotans to take the opportunity to learn
about and appreciate the Indian American Minnesotan community and their contributions
to Minnesota.
new text end
new text begin
(a) The state of Minnesota is home to 11 federally recognized Indian Tribes
with elected Tribal government officials. The state of Minnesota acknowledges and supports
the unique status of Minnesota Tribes and their absolute right to existence, self-governance,
and self-determination.
new text end
new text begin
(b) The United States and the state of Minnesota have a unique relationship with federally
recognized Indian Tribes, formed by the Constitution of the United States, treaties, statutes,
case law, and agreements.
new text end
new text begin
(c) The state of Minnesota and Minnesota Tribal governments significantly benefit from
working together, learning from one another, and partnering where possible.
new text end
new text begin
(d) Timely and meaningful consultation between the state of Minnesota and Minnesota
Tribal governments will facilitate better understanding and informed decision-making by
allowing for communication on matters of mutual interest and helping to establish mutually
respectful and beneficial relationships between the state of Minnesota and Minnesota Tribal
governments.
new text end
new text begin
As used in this section, the following terms have the meanings
given:
new text end
new text begin
(1) "agency" means the Department of Administration, Department of Agriculture,
Department of Commerce, Department of Corrections, Department of Education, Department
of Employment and Economic Development, Department of Health, Office of Higher
Education, Housing Finance Agency, Department of Human Rights, Department of Human
Services, Office of MN.IT Services, Department of Iron Range Resources and Rehabilitation,
Department of Labor and Industry, Minnesota Management and Budget, Bureau of Mediation
Services, Department of Military Affairs, Metropolitan Council, Department of Natural
Resources, Pollution Control Agency, Department of Public Safety, Department of Revenue,
Department of Transportation, Department of Veterans Affairs, Gambling Control Board,
Racing Commission, Minnesota Lottery, Animal Health Board, and Board of Water and
Soil Resources;
new text end
new text begin
(2) "consultation" means the direct and interactive involvement of Minnesota Tribal
governments in the development of policy on matters that have Tribal implications.
Consultation is the proactive, affirmative process of identifying and seeking input from
appropriate Tribal governments and considering their interest as a necessary and integral
part of the decision-making process. This definition adds to statutorily mandated notification
procedures. During a consultation, the burden is on the agency to show that it has made a
good faith effort to elicit feedback. Consultation is a formal engagement between agency
officials and the governing body or bodies of an individual Minnesota Tribal government
that the agency or an individual Tribal government may initiate. Formal meetings or
communication between top agency officials and the governing body of a Minnesota Tribal
government is a necessary element of consultation;
new text end
new text begin
(3) "matters that have Tribal implications" means rules, legislative proposals, policy
statements, or other actions that have substantial direct effects on one or more Minnesota
Tribal governments, or on the distribution of power and responsibilities between the state
and Minnesota Tribal governments;
new text end
new text begin
(4) "Minnesota Tribal governments" means the federally recognized Indian Tribes located
in Minnesota including: Bois Forte Band; Fond du Lac Band; Grand Portage Band; Leech
Lake Band; Mille Lacs Band; White Earth Band; Red Lake Nation; Lower Sioux Indian
Community; Prairie Island Indian Community; Shakopee Mdewakanton Sioux Community;
and Upper Sioux Community; and
new text end
new text begin
(5) "timely and meaningful" means done or occurring at a favorable or useful time that
allows the result of consultation to be included in the agency's decision-making process for
a matter that has Tribal implications.
new text end
new text begin
(a) An agency must recognize the unique legal relationship
between the state of Minnesota and Minnesota Tribal governments, respect the fundamental
principles that establish and maintain this relationship, and accord Tribal governments the
same respect accorded to other governments.
new text end
new text begin
(b) An agency must, in consultation with Minnesota Tribal governments, implement
Tribal consultation policies to comply with this section and guide their work with Minnesota
Tribal governments, and must submit these policies to the governor and lieutenant governor.
Tribal consultation policies must address the communication protocols for each Minnesota
Tribal government, which must be developed in coordination with representatives of each
Minnesota Tribal government. An agency must update the Tribal consultation policies as
often as required in order to facilitate timely and meaningful consultation, but no less than
biannually.
new text end
new text begin
(c) Consultation under this section is a duty of an agency to consult with the governing
body or bodies of each individual Minnesota Tribal government. Coordination with groups
or entities that have representation on some or all of the governing bodies of Minnesota
Tribal governments, such as the Minnesota Indian Affairs Council or the Minnesota
Chippewa Tribe, is encouraged but does not satisfy an agency's duty to consult with
individual Minnesota Tribal governments on matters that have Tribal implications. If a
matter has implications for one Minnesota Tribal government but not others, the agency's
duty is to only consult those Minnesota Tribal governments affected.
new text end
new text begin
(d) An agency must consult with each Minnesota Tribal government at least annually,
and as often as it is required, to address matters that have Tribal implications.
new text end
new text begin
(e) An agency must consult with Minnesota Tribal governments on legislative and fiscal
matters that affect one or all Minnesota Tribal governments or their members to identify
priority issues in order to allow agencies to proactively engage Minnesota Tribal governments
in the agency's development of legislative and fiscal proposals in time for submission into
the governor's recommended budget and legislative proposals each year.
new text end
new text begin
(f) An agency must develop and maintain ongoing consultation with Minnesota Tribal
governments related to matters that have Tribal implications. Agencies must consider the
input gathered from Tribal consultation into their decision-making processes, with the goal
of achieving mutually beneficial solutions.
new text end
new text begin
(g) An agency and a Minnesota Tribal government may agree that a formal consultation
is not necessary for a given year on a given matter that has Tribal implications, and the
agency must keep a written record of this decision.
new text end
new text begin
(h) The prospective duty to consult does not apply to action on a matter that has Tribal
implications if immediate action is required to address a present and immediate threat to
the health, safety, or welfare of Minnesota citizens. For these actions, every effort should
be made to communicate, and formal consultation should occur as soon as possible. The
duty to consult also does not apply to criminal proceedings or other investigations or legal
proceedings that prohibit an agency from disclosure.
new text end
new text begin
(i) An agency must designate a Tribal liaison to assume responsibility for implementation
of the Tribal consultation policy and to serve as the principal point of contact for Minnesota
Tribal governments. The Tribal liaison must be able to directly and regularly meet and
communicate with the agency's commissioner and deputy and assistant commissioners in
order to appropriately conduct government-to-government consultation and cooperation.
new text end
new text begin
(j) The state has instituted Tribal state government relations training, which is the
foundation and basis of all other Tribal government relations training sources. All agencies
must direct certain staff to complete available training to foster a collaborative relationship
between the state of Minnesota and Minnesota Tribal governments, and to facilitate timely
and meaningful consultation. In addition to all commissioners, deputy commissioners, and
assistant commissioners, at a minimum all agency employees whose work is likely to include
matters that have Tribal implications must attend Tribal state relations training. Tribal
liaisons must actively support and participate in the Tribal state relations training.
new text end
new text begin
(k) Any agency or board that is not listed in subdivision 2 is encouraged to and may
engage in consultation and communication with Minnesota Tribal governments for all
matters that have Tribal implications.
new text end
new text begin
Nothing in this section requires the state or an agency to violate
or ignore any laws, rules, directives, or other legal requirements or obligations imposed by
state or federal law or set forth in agreements or compacts between one or more Minnesota
Tribal governments or any other Tribal government and the state or its agencies. This section
is not intended to, and does not create, any right to administrative or judicial review, or any
other right, benefit, or responsibility, substantive or procedural, enforceable against the state
of Minnesota, its agencies or instrumentalities, its officers or employees, or its subdivisions
or any other persons. Nothing in this section prohibits or limits any agency from asserting
any rights or pursuing any administrative or judicial action under state or federal law to
effectuate the interests of the state of Minnesota or any of its agencies. Nothing in this
section is intended to alter or reduce the state's duties to individual Minnesota citizens
including those of Native American descent.
new text end
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2020, section 16A.06, is amended by adding a subdivision to
read:
new text begin
The
commissioner shall contract with a qualified auditor to conduct the annual audit required
by the Single Audit Act of 1984, Public Law 98-502; the Single Audit Act Amendments of
1996, Public Law 104-156; and Code of Federal Regulations, title 2, part 200, Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards
(Uniform Guidance). There is annually appropriated from the general fund to the
commissioner an amount sufficient to pay the cost of the annual audit. The cost of the audit
shall be billed to the agencies audited during the subsequent fiscal year. Amounts paid by
state agencies shall be deposited in the general fund.
new text end
Minnesota Statutes 2020, section 16A.103, subdivision 1, is amended to read:
In February and November each year,
the commissioner shall prepare a forecast of state revenue and expenditures. The November
forecast must be delivered to the legislature and governor deleted text begin no later than the end of the first
week of Decemberdeleted text end new text begin by December 6new text end . The February forecast must be delivered to the legislature
and governor by the end of February. Forecasts must be delivered to the legislature and
governor on the same day. If requested by the Legislative Commission on Planning and
Fiscal Policy, delivery to the legislature must include a presentation to the commission.
Minnesota Statutes 2020, section 16A.152, subdivision 2, is amended to read:
(a) If on the basis of a forecast of general fund
revenues and expenditures, the commissioner of management and budget determines that
there will be a positive unrestricted budgetary general fund balance at the close of the
biennium, the commissioner of management and budget must allocate money to the following
accounts and purposes in priority order:
(1) the cash flow account established in subdivision 1 until that account reaches
$350,000,000;
(2) the budget reserve account established in subdivision 1a until that account reaches
$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
new text begin
The commissioner may establish a program to issue
virtual payments from the state treasury. Any rebate to the state generated by the program
must be deposited in the general fund unless retained under subdivision 3.
new text end
new text begin
Notwithstanding subdivision 1, rebates attributable to expenditures
in funds established in the state constitution or protected by federal law must be returned
to the account from which the expenditure originated.
new text end
new text begin
The commissioner may retain a portion of rebates for the
administration of this section. Money retained under this subdivision must be deposited in
an account in the special revenue fund and is appropriated to the commissioner for the
purposes of this section.
new text end
Minnesota Statutes 2020, section 16B.24, subdivision 1, is amended to read:
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.
Minnesota Statutes 2020, section 16B.24, is amended by adding a subdivision to
read:
new text begin
The commissioner shall require that a user of a
charging station located on the State Capitol complex used to charge a private electric
vehicle pay for the electricity consumed by that vehicle.
new text end
new text begin
(a) The terms used in this section have the meanings given.
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
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
(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
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
(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 one United States flag and one Minnesota state 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
A legislator or state constitutional officer may submit
a request to the commissioner of administration to fly a United States or Minnesota state
flag over the Minnesota State Capitol in honor of a police canine officer that died in the
line of duty when the police canine officer's handler or the chief of the agency that oversaw
the canine officer requests a flag. Unless there are donated, nonstate funds designated for
the purchase of flags distributed under this subdivision, the commissioner shall charge the
police canine officer's handler or the agency requesting the flag a reasonable fee that does
not exceed the actual cost of flying each flag and preparing a certificate to memorialize the
occasion.
new text end
new text begin
This section is effective August 1, 2021.
new text end
Minnesota Statutes 2020, section 16B.2975, is amended by adding a subdivision
to read:
new text begin
The commissioner may give and convey to the canine's
handler the state's entirety of the right, title, interest, and estate in and to the canine for
which the handler trained and worked with 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
new text begin
The commissioner of administration shall maintain
the Office of Collaboration and Dispute Resolution formerly codified as sections 179.90
and 179.91 within the Department of Administration. The office must:
new text end
new text begin
(1) assist state agencies, offices of the executive, legislative and judicial branches, tribal
governments, and units of local government in improving collaboration, dispute resolution,
and public engagement;
new text end
new text begin
(2) promote and utilize collaborative dispute resolution models and processes based on
documented best practices including but not limited to:
new text end
new text begin
(i) establishing criteria and procedures for identification and assessment of collaborative
dispute resolution projects;
new text end
new text begin
(ii) designing collaborative dispute resolution processes to foster trust, relationships,
mutual understanding, and consensus-based solutions;
new text end
new text begin
(iii) preparing and training participants; and
new text end
new text begin
(iv) utilizing collaborative techniques, processes, and standards through facilitated
meetings to develop wise and durable solutions;
new text end
new text begin
(3) support collaboration and dispute resolution in the public and private sector by
providing technical assistance and information on best practices and new developments in
dispute resolution options;
new text end
new text begin
(4) promote the broad use of community mediation in the state;
new text end
new text begin
(5) ensure that all areas of the state have access to services by providing grants to private
nonprofit entities certified by the state court administrator under chapter 494 that assist in
resolution of disputes; and
new text end
new text begin
(6) educate the public and government entities on collaboration, dispute resolution
options, and public engagement.
new text end
new text begin
The commissioner may apply for and receive money made
available from federal, state, or other sources for the purposes of carrying out the mission
of the Office of Collaboration and Dispute Resolution. Funds received under this subdivision
are appropriated to the commissioner for their intended purpose.
new text end
new text begin
The commissioner shall to the extent funds are appropriated
for this purpose, make grants to private nonprofit community mediation entities certified
by the state court administrator under chapter 494 that assist in resolution of disputes. The
commissioner shall establish a grant review committee to assist in the review of grant
applications and the allocation of grants under this section.
new text end
new text begin
To be eligible for a grant under this section, a nonprofit organization
must meet the requirements of section 494.05, subdivision 1, clauses (1), (2), (4), and (5).
new text end
new text begin
A nonprofit entity receiving a grant must agree to
comply with guidelines adopted by the state court administrator under section 494.015,
subdivision 1. Policies adopted under sections 16B.97 and 16B.98 apply to grants under
this section. The exclusions in section 494.03 apply to grants under this section.
new text end
new text begin
Grantees must report data required under chapter 494 to evaluate
quality and outcomes.
new text end
new text begin
The Office of Enterprise Sustainability is
established to assist all state agencies in making measurable progress toward improving the
sustainability of government operations by reducing the impact on the environment,
controlling unnecessary waste of natural resources and public funds, and spurring innovation.
The office shall create new tools and share best practices, assist state agencies to plan for
and implement improvements, and monitor progress toward achieving intended outcomes.
Specific duties include but are not limited to:
new text end
new text begin
(1) managing a sustainability metrics and reporting system, including a public dashboard
that allows Minnesotans to track progress;
new text end
new text begin
(2) assisting agencies in developing and executing sustainability plans; and
new text end
new text begin
(3) publishing an annual report.
new text end
new text begin
The Office of Enterprise Sustainability shall make
reasonable attempts to share tools and best practices with local governments.
new text end
Minnesota Statutes 2020, section 16B.48, subdivision 2, is amended to read:
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
Minnesota Statutes 2020, section 16B.54, subdivision 1, is amended to read:
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.
Minnesota Statutes 2020, section 16B.54, subdivision 2, is amended to read:
(a) The commissioner may direct an agency to make a transfer of a
passenger motor vehicle or truck currently assigned to it. The transfer must be made to the
commissioner for use in the 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
Minnesota Statutes 2020, section 16B.98, is amended by adding a subdivision to
read:
new text begin
It is the policy of the legislature to ensure that grant
activities and outcomes of programs and services funded by legislative appropriations are
administered by state agencies in accordance with this section and section 16B.97. Unless
amounts are otherwise appropriated for administrative costs, a state agency may retain up
to five percent of the amount appropriated to the agency for grants enacted by the legislature
and formula grants and up to ten percent for competitively awarded grants. This subdivision
applies to appropriations made for new grant programs enacted on or after July 1, 2021.
new text end
new text begin
A state agency may not enter into a contract with
a vendor that produces, manufactures, or procures goods from China's Zinjiang Uyghur
Autonomous region that are made using convict labor, forced labor, indentured labor under
penal sanctions, or involuntary servitude.
new text end
new text begin
This section does not apply to contracts with a value of less than
$5,000.
new text end
new text begin
This section is effective July 1, 2021, and applies to contracts
entered on or after that date.
new text end
Minnesota Statutes 2020, section 43A.046, is amended to read:
new text begin (a) new text end In order to maximize delivery of services to the public, if layoffs of state employees
are necessary, each agency with more than 50 full-time equivalent employees must reduce
at least the same percentage of management and supervisory personnel as line and support
personnel.
new text begin
(b) Notwithstanding any law to the contrary, if layoffs of state employees are necessary
due to a shortage of funds, each agency must make personnel reductions so that economies
of the state outside the metropolitan area, as defined in section 473.121, subdivision 2, are
not disproportionately affected by the layoffs.
new text end
new text begin
This section is effective the day following final enactment and
applies to collective bargaining agreements entered into on or after that date.
new text end
Minnesota Statutes 2020, section 43A.23, subdivision 1, is amended to read:
(a) The commissioner is authorized to request proposals or to
negotiate and to enter into contracts with parties which in the judgment of the commissioner
are best qualified to provide service to the benefit plans. Contracts entered into are not
subject to the requirements of sections 16C.16 to 16C.19. The commissioner may negotiate
premium rates and coverage. The commissioner shall consider the cost of the plans,
conversion options relating to the contracts, service capabilities, character, financial position,
and reputation of the carriers, and any other factors which the commissioner deems
appropriate. Each benefit contract must be for a uniform term of at least one year, but may
be made automatically renewable from term to term in the absence of notice of termination
by either party. A carrier licensed under chapter 62A is exempt from the taxes imposed by
chapter 297I on premiums paid to it by the state.
(b) All self-insured hospital and medical service products must comply with coverage
mandates, data reporting, and consumer protection requirements applicable to the licensed
carrier administering the product, had the product been insured, including chapters 62J,
62M, and 62Q. Any self-insured products that limit coverage to a network of providers or
provide different levels of coverage between network and nonnetwork providers shall comply
with section 62D.123 and geographic access standards for health maintenance organizations
adopted by the commissioner of health in rule under chapter 62D.
(c) Notwithstanding paragraph (b), a self-insured hospital and medical product offered
under sections 43A.22 to 43A.30 is required to extend dependent coverage to an eligible
employee's child to the full extent required under chapters 62A and 62L. Dependent child
coverage must, at a minimum, extend to an eligible employee's dependent child to the
limiting age as defined in section 62Q.01, subdivision 2a, disabled children to the extent
required in sections 62A.14 and 62A.141, and dependent grandchildren to the extent required
in sections 62A.042 and 62A.302.
(d) Beginning January 1, 2010, the health insurance benefit plans offered in the
commissioner's plan under section 43A.18, subdivision 2, and the managerial plan under
section 43A.18, subdivision 3, deleted text begin mustdeleted text end new text begin maynew text end include an option for a health plan that is compatible
with the definition of a high-deductible health plan in section 223 of the United States
Internal Revenue Code.
new text begin
(a) For the purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "Market check" means a technology-driven evaluation of prescription drug pricing
based on benchmarks derived from reverse auction processes conducted in the United States
over the immediately preceding 12 months.
new text end
new text begin
(c) "Pharmacy benefit management services" means:
new text end
new text begin
(1) the procurement of prescription drugs at a negotiated rate for dispensation within
the State Employees Group Insurance Program (SEGIP) to enrollees;
new text end
new text begin
(2) the administration and management of the prescription drug benefit under SEGIP;
and
new text end
new text begin
(3) any of the following services provided with regard to the administration and
management of the prescription drug benefit, including:
new text end
new text begin
(i) mail service pharmacy;
new text end
new text begin
(ii) claims processing, retail network management, and payment of claims to pharmacies
for prescription drugs dispensed to enrollees;
new text end
new text begin
(iii) supplemental rebate contracting and administration;
new text end
new text begin
(iv) patient compliance, therapeutic intervention, and generic substitution programs; or
new text end
new text begin
(v) disease management programs.
new text end
new text begin
(d) "Pharmacy benefit manager" has the meaning given in section 62W.02, subdivision
15, paragraph (a).
new text end
new text begin
(e) "Price" means the projected cost of a bid for providing pharmacy benefit management
services over the duration of the contract.
new text end
new text begin
(f) "Reverse auction" means an automated bidding process conducted online that starts
with an opening price and allows qualified bidders to counteroffer a lower price for multiple
rounds of bidding.
new text end
new text begin
(g) "SEGIP" is the State Employees Group Insurance Program under section 43A.316,
provided to participants eligible under section 43A.24.
new text end
new text begin
The purpose of this section is to optimize prescription drug savings
in SEGIP through:
new text end
new text begin
(1) contracting with a pharmacy benefit manager to manage and administer the
prescription drug benefit for SEGIP;
new text end
new text begin
(2) the adoption of a reverse auction process for the selection of a pharmacy benefit
manager;
new text end
new text begin
(3) providing a process for the electronic review and validation of pharmacy benefit
manager claims invoices for the purpose of reconciling pharmacy bills;
new text end
new text begin
(4) market checks of the pharmacy benefit manager's prescription drug pricing; and
new text end
new text begin
(5) limiting independent pharmacies from unsustainable reimbursement practices.
new text end
new text begin
(a) Notwithstanding any law
to the contrary, the commissioner of management and budget shall procure a contract for
the services of a pharmacy benefit manager to administer the prescription drug benefit and
pharmacy benefit management services for SEGIP participants, effective January 1, 2023.
new text end
new text begin
(b) The commissioner shall conduct a reverse auction as described in this section to
select the pharmacy benefit manager.
new text end
new text begin
(c) In consultation with the technology platform vendor selected under subdivision 4
and any recommendations offered by the Formulary Committee under section 256B.0625,
subdivision 13c, the commissioner shall specify the terms of a participant bidding agreement
that all bidders must accept as a prerequisite for participation in the reverse auction process,
including:
new text end
new text begin
(1) common definitions;
new text end
new text begin
(2) prescription drug classifications;
new text end
new text begin
(3) retail pricing rules, including maximum allowable cost price lists and dispensing
fees; and
new text end
new text begin
(4) any other contract terms the commissioner deems necessary to further the purpose
of this section as specified under subdivision 2.
new text end
new text begin
(d) A pharmacy benefit manager that submits a bid under this subdivision must provide
the commissioner access to complete pharmacy claims data necessary for the commissioner
to conduct the reverse auction and to carry out administrative and management duties.
new text end
new text begin
(e) The terms of any contract entered into under this subdivision shall not be modified
by the pharmacy benefit manager except with the approval of the commissioner.
new text end
new text begin
(f) The commissioner may structure the contract awarded under this subdivision to pay
the cost of the technology platform and the associated professional services contracted for
under this subdivision by assessing a per-prescription fee to be paid directly by the pharmacy
benefit manager to the technology platform vendor.
new text end
new text begin
(g) The commissioner must perform annual market checks on pharmacy benefit manager
services performed by the pharmacy benefit manager during the term of the contract. A
market check performed under this paragraph may include an evaluation of the effect of
alternative drug pricing metrics, such as the national average drug acquisition cost and
average wholesale price, on the cost of prescription drugs and savings to the state.
new text end
new text begin
(h) The commissioner shall make regular, periodic payment of invoices within the time
periods specified in the contract based on the automated adjudication of invoiced claims
using the technology platform to validate that claims payments comply with the terms of
the contract.
new text end
new text begin
(i) The volunteer joint labor-management committees shall designate two representatives
to assist in the process through which the commissioner conducts the reverse auction and
automated adjudication of invoiced claims, including but not limited to specification of the
terms of the participant bidding agreement and evaluation and comparison of the competing
vendor bids for award of the contract.
new text end
new text begin
(a) Notwithstanding section 16C.08, at least
three months before the reverse auction process is scheduled to be completed, the
commissioner shall procure through a competitive bidding process a contract with a
professional services vendor for a technology platform and any associated professional
services necessary to operate the platform to:
new text end
new text begin
(1) evaluate the qualifications of prospective pharmacy benefit manager bidders for the
pharmacy benefit manager procurement;
new text end
new text begin
(2) automatically adjudicate prescription drug claims; and
new text end
new text begin
(3) collect data on pharmacy reimbursement.
new text end
new text begin
(b) The platform procured under paragraph (a) must have the capability to:
new text end
new text begin
(1) host and conduct an online automated reverse auction:
new text end
new text begin
(i) using a software application and high-performance data infrastructure to intake,
cleanse, and normalize pharmacy benefit manager data; and
new text end
new text begin
(ii) with development methods and information security standards that have been validated
by receiving Service Organization Control 2 (SOC 2) and National Institute of Standards
and Technology certification;
new text end
new text begin
(2) automate repricing of diverse and complex pharmacy benefit manager prescription
drug pricing proposals to enable direct comparisons of the price of bids using all annual
claims data available for the medical assistance program using code-based classification or
prescription drugs from nationally accepted drug sources;
new text end
new text begin
(3) simultaneously evaluate, within one hour, diverse and complex multiple proposals
from full-service pharmacy benefit managers, including average wholesale price (AWP),
guaranteed net cost, and National Average Drug Acquisition Cost (NADAC) pricing models,
as well as proposals from pharmacy benefit administrators and specialty drug and rebate
carve-out service providers;
new text end
new text begin
(4) produce an automated report and analysis of bids, including ranking of bids on the
comparative costs and qualitative aspects of the costs within one hour after the close of each
round of reverse auction bidding; and
new text end
new text begin
(5) after the close of the reverse auction process, perform an electronic, line-by-line,
claim-by-claim review of all invoiced pharmacy benefit manager claims within one hour
of receipt that allows for an online comparison of pharmacy benefit manager invoices, an
audit of other services provided by the pharmacy benefit manager services, and identifies
all deviations from the specific terms of the services contract resulting from the reverse
auction.
new text end
new text begin
(c) The commissioner shall not award the platform technology vendor contract under
this subdivision to:
new text end
new text begin
(1) a pharmacy benefit manager;
new text end
new text begin
(2) a subsidiary or affiliate of a pharmacy benefit manager; or
new text end
new text begin
(3) a vendor that is managed by a pharmacy benefit manager or receives, directly or
indirectly, remuneration from a pharmacy benefit manager for aggregating clients into a
contractual relationship with a pharmacy benefit manager.
new text end
new text begin
(d) The vendor that is awarded the contract under this subdivision must not subcontract
any part of the reverse auction process or the review described under paragraph (b), clause
(5).
new text end
Minnesota Statutes 2020, section 138.081, subdivision 1, is amended to read:
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.
Minnesota Statutes 2020, section 138.081, subdivision 2, is amended to read:
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.
Minnesota Statutes 2020, section 138.081, subdivision 3, is amended to read:
The deleted text begin Department of Administrationdeleted text end new text begin Minnesota
Historical Societynew text end is designated as the state agency to administer the provisions of the federal
act providing for the preservation of historical and archaeological data, United States Code,
title deleted text begin 16, sections 469 to 469Cdeleted text end new text begin 54, section 312501, as amendednew text end , insofar as the provisions of
the act provide for implementation by the state.
Minnesota Statutes 2020, section 138.31, is amended by adding a subdivision to
read:
new text begin
"State Historic Preservation Office"
means the State Historic Preservation Office at the Department of Administration.
new text end
Minnesota Statutes 2020, section 138.34, is amended to read:
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 .
Minnesota Statutes 2020, section 138.40, is amended to read:
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.
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.
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.
Minnesota Statutes 2020, section 138.665, subdivision 2, is amended to read:
The state, state departments, agencies, and political subdivisions,
including the Board of Regents of the University of Minnesota, have a responsibility to
protect the physical features and historic character of properties designated in sections
138.662 and 138.664 or listed on the National Register of Historic Places created by Public
Law 89-665. Before carrying out any undertaking that will affect designated or listed
properties, or funding or licensing an undertaking by other parties, the state department or
agency shall consult with the State Historic Preservation Office pursuant to the deleted text begin society'sdeleted text end new text begin
State Historic Preservation Office'snew text end established procedures to determine appropriate
treatments and to seek ways to avoid and mitigate any adverse effects on designated or
listed properties. If the state department or agency and the State Historic Preservation Office
agree in writing on a suitable course of action, the project may proceed. If the parties cannot
agree, any one of the parties may request that the governor appoint and convene a mediation
task force consisting of five members, two appointed by the governor, the chair of the State
Review Board of the State Historic Preservation Office, the commissioner of administration
or the commissioner's designee, and one member deleted text begin who is not an employee of the Minnesota
Historical Societydeleted text end appointed by the director of thenew text begin Minnesota Historicalnew text end Society. The two
appointees of the governor and deleted text begin the onedeleted text end of the director of the society shall be qualified by
training or experience in one or more of the following disciplines: (1) history; (2)
archaeology; and (3) architectural history. The mediation task force is not subject to the
conditions of section 15.059. This subdivision does not apply to section 138.662, subdivision
24, and section 138.664, subdivisions 8 and 111.
Minnesota Statutes 2020, section 138.666, is amended to read:
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.
Minnesota Statutes 2020, section 138.667, is amended to read:
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.
Minnesota Statutes 2020, section 138.763, subdivision 1, is amended to read:
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.
Minnesota Statutes 2020, section 211B.20, subdivision 1, is amended to read:
(a) It is unlawful for a person, either directly or indirectly,
to deny access to an apartment house, dormitory, nursing home, manufactured home park,
other multiple unit facility used as a residence, or an area in which two or more single-family
dwellings are located on private roadways to deleted text begin a candidatedeleted text end new text begin an individualnew text end who deleted text begin hasdeleted text end :
(1) new text begin has new text end organized a campaign committee under applicable federal or state law;
(2) new text begin has new text end filed a financial report as required by section 211A.02; deleted text begin or
deleted text end
(3) new text begin has new text end filed an affidavit of candidacy for elected officedeleted text begin .deleted text end new text begin ; or
new text end
new text begin
(4) is a United States Census Bureau employee.
new text end
A candidate granted access under this section must be allowed to be accompanied by
campaign volunteers.
(b) new text begin For candidates, new text end access to a facility or area is only required if it is located within the
district or territory that will be represented by the office to which the candidate seeks election,
and the candidate and any accompanying campaign volunteers seek access exclusively for
the purpose of campaigning for a candidate or registering voters. The candidate must be
seeking election to office at the next general or special election to be held for that office.
(c) A candidate and any accompanying campaign volunteers granted access under this
section must be permitted to leave campaign materials for residents at their doors, except
that the manager of a nursing home may direct that the campaign materials be left at a central
location within the facility. The campaign materials must be left in an orderly manner.
(d) If a facility or area contains multiple buildings, a candidate and accompanying
volunteers must be permitted to access more than one building on a single visit, but access
is limited to only one building at a time. If multiple candidates are traveling together, each
candidate and that candidate's accompanying volunteers is limited to one building at a time,
but all of the candidates and accompanying volunteers traveling together must not be
restricted to accessing the same building at the same time.
new text begin
(e) For a United States Census Bureau employee, access to a facility or area is only
required if it is part of their official work duties on a decennial census of population. United
States Census Bureau employees working on other surveys and censuses are not granted
access under this section.
new text end
new text begin
(f) A United States Census Bureau employee must be permitted to leave census materials
for residents at their doors. The census materials must be left in an orderly manner.
new text end
new text begin
(g) If a facility or area contains multiple buildings, a United States Census Bureau
employee must be permitted to access more than one building on a single visit. If multiple
employees are traveling together, they must not be restricted to accessing the same building
at the same time.
new text end
deleted text begin (e)deleted text end new text begin (h)new text end A violation of this section is a petty misdemeanor.
Minnesota Statutes 2020, section 270B.13, is amended by adding a subdivision
to read:
new text begin
An individual
performing services for an independent contractor or a vendor under subdivision 1 who has
or will have access to federal tax information is subject to the requirements of section
299C.76.
new text end
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2020, section 270C.21, is amended to read:
When the commissioner awards grants to deleted text begin nonprofitdeleted text end new text begin
eligiblenew text end organizations to coordinate, facilitate, encourage, and aid in the provision of taxpayer
assistance services, the commissioner must provide public notice of the grants in a timely
manner so that the grant process is completed and grants are awarded by October 1, in order
for recipientnew text begin eligiblenew text end organizations to adequately plan expenditures for the filing season. At
the time the commissioner provides public notice, the commissioner must also notify
deleted text begin nonprofitdeleted text end new text begin eligiblenew text end organizations that received grants in the previous biennium.
new text begin
"Eligible organization" means an organization that meets
the definition of eligible organization provided in section 7526A(e)(2)(B) of the Internal
Revenue Code.
new text end
new text begin
This section is effective for grants awarded after June 30, 2021.
new text end
new text begin
(a) For the purposes of this section, the following definitions
apply.
new text end
new text begin
(b) "Federal tax information" means federal tax returns and return information or
information derived or created from federal tax returns, in possession of or control by the
requesting agency, that is covered by the safeguarding provisions of section 6103(p)(4) of
the Internal Revenue Code.
new text end
new text begin
(c) "IRS Publication 1075" means Internal Revenue Service Publication 1075 that
provides guidance and requirements for the protection and confidentiality of federal tax
information as required in section 6103(p)(4) of the Internal Revenue Code.
new text end
new text begin
(d) "National criminal history record information" means the Federal Bureau of
Investigation identification records as defined in Code of Federal Regulations, title 28,
section 20.3(d).
new text end
new text begin
(e) "Requesting agency" means the Department of Revenue, Department of Employment
and Economic Development, Department of Human Services, board of directors of MNsure,
the Office of MN.IT Services, and counties.
new text end
new text begin
As required by IRS
Publication 1075, a requesting agency shall require fingerprints for a national criminal
history record information check from the following individuals who have or will have
access to federal tax information:
new text end
new text begin
(1) a current or prospective permanent or temporary employee of the requesting agency;
new text end
new text begin
(2) an independent contractor or vendor of the requesting agency;
new text end
new text begin
(3) an employee or agent of an independent contractor or vendor of the requesting agency;
or
new text end
new text begin
(4) any other individual authorized to access federal tax information by the requesting
agency.
new text end
new text begin
An
individual subject to this section must provide fingerprints and a written statement of
understanding that the fingerprints will be used for a background check to the requesting
agency. The requesting agency must submit the fingerprints and written statement of
understanding, along with the processing fees, to the superintendent of the Bureau of Criminal
Apprehension. The fingerprints must only be used for the purposes described in this section.
new text end
new text begin
(a) After the superintendent
of the Bureau of Criminal Apprehension notifies requesting agencies that the United States
Attorney General has approved the request for submission under Public Law 92-544, a
requesting agency may submit information under subdivision 3.
new text end
new text begin
(b) Upon receipt of the information under subdivision 3, the superintendent of the Bureau
of Criminal Apprehension must:
new text end
new text begin
(1) perform a state criminal history record information search;
new text end
new text begin
(2) exchange the fingerprints to the Federal Bureau of Investigation to facilitate a search
of the national criminal history record information;
new text end
new text begin
(3) compile the results of the state and national criminal history record information
searches; and
new text end
new text begin
(4) provide the results to the requesting agency.
new text end
new text begin
(a) All data collected, created, received, maintained, or
disseminated by the requesting agency under this section is classified as private data on
individuals as defined in section 13.02, subdivision 12.
new text end
new text begin
(b) Notwithstanding any law to the contrary, a requesting agency must not further
disseminate the results received under subdivision 4.
new text end
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2020, section 349.151, subdivision 2, is amended to read:
(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
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2020, section 473.24, is amended to read:
(a) The Metropolitan Council shall annually prepare an estimate of population for each
county, city, and town in the metropolitan area and an estimate of the number of households
and average household size for each city in the metropolitan area with a population of 2,500
or more, and an estimate of population over age 65 for each county in the metropolitan area,
and convey the estimates to the governing body of each county, city, or town by June 1
each yearnew text begin or, in a year following a decennial census, within six weeks of the date the data
are provided by the United States Census Bureau in that yearnew text end . In the case of a city or town
that is located partly within and partly without the metropolitan area, the Metropolitan
Council shall estimate the proportion of the total population and the average size of
households that reside within the area. The Metropolitan Council may prepare an estimate
of the population and of the average household size for any other political subdivision
located in the metropolitan area.
(b) A governing body may challenge an estimate made under this section by filing its
specific objections in writing with the Metropolitan Council by June 24. If the challenge
does not result in an acceptable estimate, the governing body may have a special census
conducted by the United States Bureau of the Census. The political subdivision must notify
the Metropolitan Council on or before July 1 of its intent to have the special census
conducted. The political subdivision must bear all costs of the special census. Results of
the special census must be received by the Metropolitan Council by the next April 15 to be
used in that year's June 1 estimate under this section.new text begin In the year following a decennial
census, challenges to the census count must be submitted to the United States Census Bureau
through its formal challenge process.new text end The Metropolitan Council shall certify the estimates
of population and the average household size to the state demographer and to the
commissioner of revenue by July 15 each year, including any estimates still under objectionnew text begin ,
except that in a year following a decennial census, the estimate must be certified within six
weeks of the date the data are provided by the United States Census Bureau in that yearnew text end .
new text begin
This section is effective the day following final enactment.
new text end
new text begin
It is the intent of the legislature to ensure compliance with section 6103 of the Internal
Revenue Code and IRS Publication 1075.
new text end
new text begin
This section is effective the day following final enactment.
new text end
new text begin
(a) A Racial Equity Impact
Assessment Working Group is established. The working group consists of the following
members:
new text end
new text begin
(1) the commissioner of human rights or the commissioner's designee;
new text end
new text begin
(2) a representative of the Center for Economic Inclusion;
new text end
new text begin
(3) a representative of Voices for Racial Justice;
new text end
new text begin
(4) three members of the public, appointed by the commissioner of human rights;
new text end
new text begin
(5) two business community representatives designated by the Minnesota Business
Partnership;
new text end
new text begin
(6) one member of the public appointed by the Council for Minnesotans of African
Heritage;
new text end
new text begin
(7) one member of the public appointed by the Minnesota Council on Latino Affairs;
new text end
new text begin
(8) one member of the public appointed by the Council on Asian-Pacific Minnesotans;
new text end
new text begin
(9) one member of the public appointed by the Indian Affairs Council;
new text end
new text begin
(10) four members affiliated with community-based organizations that represent people
of color and indigenous communities, appointed by the speaker of the house; and
new text end
new text begin
(11) four members affiliated with community-based organizations that represent people
of color and indigenous communities, appointed by the majority leader of the senate.
new text end
new text begin
(b) In making appointments, the speaker of the house and the majority leader of the
senate must consult with the members of the People of Color and Indigenous Caucus within
each respective body.
new text end
new text begin
(c) The commissioner of management and budget, the state demographer, the state
economist, and the director of the Legislative Budget Office serve as ex-officio, nonvoting
members of the working group.
new text end
new text begin
(a) The working group must develop recommendations for the
preparation of a racial equity impact note for proposed legislation. In conducting its work,
the group must engage members of racial and ethnic groups disproportionately impacted
by disparities. The working group must consider racial equity analysis procedures for
legislation proposed in other states, and identify sources of disaggregated data that could
be used in the development and completion of a racial equity impact note in Minnesota.
new text end
new text begin
(b) The working group must submit a report describing its recommendations by February
1, 2022, to the chairs and ranking minority members of the house of representatives Ways
and Means and State Government Finance and Elections committees, and the senate Finance
and State Government Finance and Policy and Elections committees. The report may include
draft legislation to codify the working group's recommendations.
new text end
new text begin
(c) At its discretion, the working group may continue to study and make additional
reports following the submission of its initial report under paragraph (b).
new text end
new text begin
(d) For purposes of this section, "disparities" includes but is not limited to the difference
in economic, employment, health, education, housing, or public safety outcomes between
the state population as a whole and racial and ethnic subgroups of the population.
new text end
new text begin
(a) The executive director of the
Legislative Budget Office shall convene the first meeting of the working group no later than
September 1, 2021, and serves as the working group's executive secretary. Upon request of
the working group members, the executive director of the Legislative Budget Office must
arrange meeting space and provide administrative support for the group.
new text end
new text begin
(b) In conducting its work, the working group may request the assistance of private
sector experts specializing in issues related to the economic impacts of racial inequity.
new text end
new text begin
The members of the working group must elect a chair or cochairs at the
initial meeting.
new text end
new text begin
Members of the working group may be compensated as provided
in Minnesota Statutes, section 15.059, subdivision 3.
new text end
new text begin
The working group may accept gifts and grants, which are
accepted on behalf of the state and constitute donations to the state. Funds received under
this subdivision are appropriated to the Legislative Budget Office for purposes of the working
group.
new text end
new text begin
The appointments and
designations authorized by this section must be completed by August 1, 2021.
new text end
new text begin
The working group expires September 1, 2023.
new text end
new text begin
(a) The Minnesota Council on Disability shall award grants to state organizations,
counties, cities, and private holders of public access space to fund building modifications
to provide sensory accessibility or accommodations to increase accessible community
involvement and access for individuals who have autism spectrum disorder or a related
disability or other nonvisible health issue with sensory impacts. Grantees may use grants
to modify public space to:
new text end
new text begin
(1) create sensory-friendly spaces;
new text end
new text begin
(2) modify public use space to meet sensory-friendly design standards;
new text end
new text begin
(3) equip a facility with mobile tool kits to support sensory needs; or
new text end
new text begin
(4) provide quiet zones or times of service.
new text end
new text begin
Grantees must also complete disability training to provide staff with the skills necessary to
successfully incorporate building modifications that support individuals within the sensory
modifications made.
new text end
new text begin
(b) The council may use up to ten percent of this appropriation for grants administration.
new text end
new text begin
(c) By February 15, 2024, the council shall report to the legislative committees having
jurisdiction over health and public safety policy on how this appropriation was spent and
what results were achieved.
new text end
new text begin
Notwithstanding Minnesota Statutes, section 349.2127, subdivision 7, during a telephone
communication initiated by persons seeking to purchase a raffle ticket, an organization may
accept a check or debit card for raffle purchases, provided a debit card is checked against
a nationally recognized database of bank identification numbers that confirms the card is a
debit card.
new text end
new text begin
This section is effective the day following final enactment and
expires July 1, 2022.
new text end
new text begin
No later than January 1, 2022, the commissioner of administration must submit a report
to the chairs and ranking minority members of the legislative committees with jurisdiction
over state government finance detailing plans for future use of the property located at 1415
L'Orient Avenue in St. Paul.
new text end
new text begin
(a) The
legislature and governor of the state of Minnesota recognize that the mass demonstrations
that occurred in Minnesota in 2020 and 2021 raise questions about the state's preparedness,
the nature of orders given, responses made, and actions taken by civil authorities. The
Minnesota public needs a comprehensive understanding of the role played in those events
by:
new text end
new text begin
(1) local authorities, including applicable municipal police and fire departments;
new text end
new text begin
(2) State Patrol;
new text end
new text begin
(3) National Guard;
new text end
new text begin
(4) appointed and elected officials; and
new text end
new text begin
(5) all other responsible parties whose duties commanded the public response to the
unprecedented events that tragically unfolded in both instances.
new text end
new text begin
(b) Civil authorities remain actively engaged at this moment in time to perform ongoing
duties and manage the ongoing public interests in responding to the mass demonstrations,
and to help affected citizens.
new text end
new text begin
(c) However, a review of actions is a crucial task that must be completed to provide
confidence to the Minnesota public regarding the capacity of civil government in the current
and future responses. Further, an investigation into decisions and actions cannot be
undertaken by persons currently in state or local government, whose ongoing duties and
past responsibilities render the persons too involved for dispassionate analysis.
new text end
new text begin
(d) Therefore, a Mass Demonstration Response Review Commission is established to
examine and create a public record of all actions, choices, orders, and responses by all local
governments, police and military authorities, and elected officials who were crucial to the
government's response to the mass demonstrations that unfolded in 2020 and 2021.
new text end
new text begin
The commission must take public and private testimony,
hold public meetings, and issue a public report with an accurate and dispassionate analysis
of the responses of Minnesota's state and local government officials.
new text end
new text begin
The commission must be given access to all records and
documents held by any government entity that are in any way associated with the mass
demonstrations. Within legal and constitutional rights, all elected and appointed officials
must cooperate with requests made by the commission.
new text end
new text begin
All materials and information held by or created by the commission must
be made public upon completion of the report required under this act.
new text end
new text begin
(a) The chief justice of the Minnesota Supreme Court must appoint a panel of ten neutral
persons to constitute the Mass Demonstration Response Review Commission. Appointees
must: (1) have no current involvement with any political party; (2) have played no role in
the mass demonstration events of 2020 or 2021; and (3) have the highest personal probity
and ability to command public confidence. Members must be chosen for expertise in
management of public crises and knowledge of government responses to mass
demonstrations.
new text end
new text begin
(b) The commission must be established by August 1, 2021. The chief justice must
designate one member of the panel to serve as chair.
new text end
new text begin
(c) The chief justice must determine the pay and expenses received by the commission.
A member's total pay, not including expenses, must not exceed $1,000.
new text end
new text begin
(d) The commission may issue subpoenas, take testimony under oath, and hire outside
investigators and counsel.
new text end
new text begin
(e) The legislative auditor must act as fiscal agent for the commission and must provide
administrative support to the commission.
new text end
new text begin
(a) The Mass Demonstration Response Review Commission must:
new text end
new text begin
(1) create a timeline of events, with a detailed explanation of the choices made by public
officials;
new text end
new text begin
(2) conduct a review of the responses of police, National Guard, and other responders;
new text end
new text begin
(3) conduct a review of use of force versus protesters; and
new text end
new text begin
(4) analyze the effect of social media in promoting mass demonstrations.
new text end
new text begin
(b) The commission may suggest best practices and specific policies and procedures
that should be considered for future responses in the event of mass demonstrations.
new text end
new text begin
(c) The commission must issue a report no later than December 15, 2021, with the
commission's findings.
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
new text begin
Minnesota Statutes 2020, sections 3.972, subdivisions
2c and 2d; 3.9741, subdivision 5; and 299D.03, subdivision 2a,
new text end
new text begin
are repealed.
new text end
new text begin
Minnesota Statutes 2020, section 16A.90,
new text end
new text begin
is repealed.
new text end
new text begin
Minnesota Statutes 2020, section
15.0395,
new text end
new text begin
is repealed.
new text end
new text begin
Minnesota Statutes 2020, sections 4A.11;
179.90; and 179.91,
new text end
new text begin
are repealed.
new text end
new text begin
Minnesota Statutes 2020, section 16A.281, is
repealed.
new text end
Minnesota Statutes 2020, section 5.30, subdivision 2, is amended to read:
deleted text begin Notwithstanding section 4.07,deleted text end Money in the Help America
Vote Act account deleted text begin may be spent only pursuant to direct appropriations enacted from time to
time by law. Money in the account must be spentdeleted text end new text begin is appropriated to the secretary of statenew text end
to improve new text begin the new text end administration of elections in accordance with the Help America Vote Act,
the state plan certified by the governor under the act, and for reporting and administrative
requirements under the act and plan. new text begin To the extent required by federal law, new text end money in the
account must be used in a manner that is consistent with the maintenance of effort
requirements of section 254(a)(7) of the Help America Vote Act, Public Law 107-252,
based on the level of state expenditures for the fiscal year ending June 30, 2000.
new text begin
This section is effective the day following final enactment and
applies to any balances of money in the Help America Vote Act account existing on or after
that date.
new text end
Minnesota Statutes 2020, section 5B.06, is amended to read:
A program participant who is otherwise eligible to vote may register with the secretary
of state as a permanent absentee voter. Notwithstanding section 203B.04, subdivision 5,
the secretary of state is not required to send an absentee ballot application prior to each
election to a program participant registered as a permanent absentee voter under this section.
As soon as practicable before each election, the secretary of state shall determine the precinct
in which the residential address of deleted text begin thedeleted text end new text begin anew text end program participant is located deleted text begin anddeleted text end new text begin . Upon making
a precinct determination, the secretary of statenew text end shallnew text begin either (1)new text end request from and receive from
the county auditor or other election official the ballot for that precinct and deleted text begin shall forwarddeleted text end new text begin
mailnew text end the absentee ballot to the program participant deleted text begin with the otherdeleted text end new text begin , or (2) using the Minnesota
statewide voter registration system, prepare the program participant's ballot for that precinct
and mail the absentee ballot to the program participant. The secretary of state shall include
with each mailed absentee ballot all correspondingnew text end materials for absentee balloting as
required by Minnesota law. The program participant shall complete the ballot and return it
to the secretary of state, who shall review the ballot in the manner provided by section
203B.121, subdivision 2. If the ballot and ballot materials comply with the requirements of
that section, the ballot must be certified by the secretary of state as the ballot of a program
participant, and must be forwarded to the appropriate electoral jurisdiction for tabulation
along with all other ballots. The name and address of a program participant must not be
listed in the statewide voter registration system.
Minnesota Statutes 2020, section 8.31, subdivision 1, is amended to read:
The attorney general shall investigate violations ofnew text begin and assist in the
enforcement of the following laws as in this section provided:
new text end
new text begin (1)new text end the law of this state respecting unfair, discriminatory, and other unlawful practices
in business, commerce, or trade, and specifically, but not exclusively, the Nonprofit
Corporation Act (sections 317A.001 to 317A.909), the Act Against Unfair Discrimination
and Competition (sections 325D.01 to 325D.07), the Unlawful Trade Practices Act (sections
325D.09 to 325D.16), the Antitrust Act (sections 325D.49 to 325D.66), section 325F.67
and other laws against false or fraudulent advertising, the antidiscrimination acts contained
in section 325D.67, the act against monopolization of food products (section 325D.68), the
act regulating telephone advertising services (section 325E.39), the Prevention of Consumer
Fraud Act (sections 325F.68 to 325F.70), and chapter 53A regulating currency exchanges
deleted text begin and assist in the enforcement of those laws as in this section provided.deleted text end new text begin ; and
new text end
new text begin
(2) section 211B.075 regulating voter intimidation, interference, and deceptive practices
in elections.
new text end
Minnesota Statutes 2020, section 13.607, is amended by adding a subdivision to
read:
new text begin
Data on an application for a driver's license or a Minnesota identification card
transferred to the secretary of state that are provided by a person whom the secretary of
state determines is not eligible to vote are governed by section 201.161.
new text end
Minnesota Statutes 2020, section 135A.17, subdivision 2, is amended to read:
All postsecondary institutions that enroll students
accepting deleted text begin state ordeleted text end federal financial aid may prepare a current list of students enrolled in the
institution and residing in the institution's housing or within ten miles of the institution's
campus. new text begin All postsecondary institutions that enroll students accepting state financial aid must
prepare a current list of students enrolled in the institution and residing in the institution's
housing or within ten miles of the institution's campus. new text end The list shall include each student's
current addressnew text begin , unless the student is enrolled in the Safe at Home address confidentiality
program as provided in chapter 5Bnew text end . The list shall be certified and sent to the appropriate
county auditor or auditors for use in election day registration as provided under section
201.061, subdivision 3. A residential housing list provided under this subdivision may not
be used or disseminated by a county auditor or the secretary of state for any other purpose.
Minnesota Statutes 2020, section 201.014, is amended by adding a subdivision to
read:
new text begin
An individual convicted
of a felony has the civil right to vote restored when the individual is no longer incarcerated
for the felony conviction, or upon sentencing if no incarceration is imposed. If the individual
is later incarcerated for the same offense, the individual's civil right to vote is lost only
during the period of incarceration.
new text end
Minnesota Statutes 2020, section 201.071, subdivision 1, is amended to read:
Both paper and electronic voter registration applications must
contain the same information unless otherwise provided by law. A voter registration
application must contain spaces for the following required information: voter's first name,
middle name, and last name; voter's previous name, if any; voter's current address; voter's
previous address, if any; voter's date of birth; voter's municipality and county of residence;
voter's telephone number, if provided by the voter; date of registration; current and valid
Minnesota driver's license number or Minnesota state identification number, or if the voter
has no current and valid Minnesota driver's license or Minnesota state identification, the
last four digits of the voter's Social Security number; and voter's signature. The paper
registration application may include the voter's e-mail address, if provided by the voter. The
electronic voter registration application must include the voter's e-mail address. The
registration application may include the voter's interest in serving as an election judge, if
indicated by the voter. The application must also contain the following certification of voter
eligibility:
"I certify that I:
(1) will be at least 18 years old on election day;
(2) am a citizen of the United States;
(3) will have deleted text begin resideddeleted text end new text begin maintained residencenew text end in Minnesota for 20 days immediately
preceding election day;
(4) maintain residence at the address given on the registration form;
(5) am not under court-ordered guardianship in which the court order revokes my right
to vote;
(6) have not been found by a court to be legally incompetent to vote;
(7) deleted text begin have the right to vote because, if I have been convicted of a felony, my felony sentence
has expired (been completed) or I have been discharged from my sentencedeleted text end new text begin am not currently
incarcerated for a conviction of a felony offensenew text end ; and
(8) have read and understand the following statement: that giving false information is a
felony punishable by not more than five years imprisonment or a fine of not more than
$10,000, or both."
The certification must include boxes for the voter to respond to the following questions:
"(1) Are you a citizen of the United States?" and
"(2) Will you be 18 years old on or before election day?"
And the instruction:
"If you checked 'no' to either of these questions, do not complete this form."
The form of the voter registration application and the certification of voter eligibility
must be as provided in this subdivision and approved by the secretary of state. Voter
registration forms authorized by the National Voter Registration Act must also be accepted
as valid. The federal postcard application form must also be accepted as valid if it is not
deficient and the voter is eligible to register in Minnesota.
An individual may use a voter registration application to apply to register to vote in
Minnesota or to change information on an existing registration.
Minnesota Statutes 2020, section 201.071, subdivision 2, is amended to read:
new text begin (a) new text end A registration application shall be accompanied by instructions
specifying the manner and method of registration, the qualifications for voting, the penalties
for false registration, and the availability of registration and voting assistance for elderly
and disabled individuals and residents of health care facilities and hospitals.
new text begin (b) new text end The instructions must indicate that deleted text begin ifdeleted text end the voter deleted text begin does not havedeleted text end new text begin must providenew text end a valid
Minnesota driver's license or identification cardnew text begin numbernew text end , new text begin or new text end the last four digits of the voter's
Social Security number deleted text begin must be provided, unless the voter does not have a Social Security
numberdeleted text end new text begin , unless the voter has not been issued one of those numbersnew text end .
new text begin (c) new text end If, prior to election day, a person requests the instructions in Braille, audio format,
or in a version printed in 16-point bold type with 24-point leading, the county auditor shall
provide them in the form requested. The secretary of state shall prepare Braille and audio
copies and make them available.
Minnesota Statutes 2020, section 201.071, subdivision 3, is amended to read:
deleted text begin Nodeleted text end new text begin (a) Anew text end voter registration application isnew text begin notnew text end deficient
if it contains the voter'snew text begin :
new text end
new text begin (1)new text end name, address, new text begin and new text end date of birthdeleted text begin ,deleted text end new text begin ;
new text end
new text begin (2)new text end current and valid Minnesota driver's license number deleted text begin ordeleted text end new text begin ,new text end Minnesota state identification
number, or deleted text begin if the voter has no current and valid Minnesota driver's license or Minnesota
state identification number,deleted text end the last four digits of the voter's Social Security numberdeleted text begin , if the
voter has been issued a Social Security number,deleted text end new text begin ;
new text end
new text begin (3)new text end prior registration, if anydeleted text begin ,deleted text end new text begin ;new text end and
new text begin (4) new text end signature.
new text begin
(b) A voter registration application is not deficient due to any of the following:
new text end
new text begin (1) new text end the absence of a zip code number deleted text begin does not cause the registration to be deficient.deleted text end new text begin ;
new text end
new text begin (2)new text end failure to check a box on an application form that a voter has certified to be true deleted text begin does
not cause the registration to be deficient.deleted text end new text begin ; or
new text end
new text begin
(3) the absence of a number listed under paragraph (a), clause (2), if the voter has not
been issued one of those numbers and the information can be verified in another government
database associated with the applicant's name and date of birth, or the application was
accepted before January 1, 2004.
new text end
deleted text begin
The election judges shall request an individual to correct a voter registration application
if it is deficient or illegible. No eligible voter may be prevented from voting unless the
voter's registration application is deficient or the voter is duly and successfully challenged
in accordance with section 201.195 or 204C.12.
deleted text end
new text begin (c) new text end A voter registration applicationnew text begin :
new text end
new text begin (1)new text end accepted prior to August 1, 1983, is not deficient for lack of date of birth. The county
or municipality may attempt to obtain the date of birth for a voter registration application
accepted prior to August 1, 1983, by a request to the voter at any time except at the polling
place. Failure by the voter to comply with this request does not make the registration
deficientdeleted text begin .deleted text end new text begin ; and
new text end
deleted text begin
A voter registration application accepted before January 1, 2004, is not deficient for lack
of a valid Minnesota driver's license or state identification number or the last four digits of
a Social Security number.
deleted text end
deleted text begin
A voter registration application submitted by a voter who does not have a Minnesota
driver's license or state identification number, or a Social Security number, is not deficient
for lack of any of these numbers.
deleted text end
deleted text begin A voter registration applicationdeleted text end new text begin (2)new text end submitted electronically through the website of the
secretary of state prior to April 30, 2014, is not invalid as a result of its electronic submission.
new text begin
(d) An election judge must request an individual to correct a voter registration application
if it is deficient or illegible. An eligible voter must not be prevented from voting unless the
voter's registration application is deficient or the voter's eligibility to vote is successfully
challenged under section 201.195 or 204C.12.
new text end
Minnesota Statutes 2020, section 201.071, subdivision 8, is amended to read:
School districts shall assist county auditors in
determining the school district in which a voter deleted text begin residesdeleted text end new text begin maintains residencenew text end .
Minnesota Statutes 2020, section 201.091, subdivision 2, is amended to read:
By February 15 of each year, the secretary of state shall prepare
the master list for each county auditor. The records in the statewide registration system must
be periodically corrected and updated by the county auditor. An updated master list for each
precinct must be available for absentee voting at least 46 days before each election. A final
corrected master list must be available deleted text begin sevendeleted text end new text begin 14new text end days before each election.
Minnesota Statutes 2020, section 201.12, subdivision 2, is amended to read:
If any nonforwardable mailing from an election official
is returned as undeliverable but with a permanent forwarding address in this state, the county
auditor may change the voter's status to "inactive" in the statewide registration system and
shall transmit a copy of the mailing to the auditor of the county in which the new address
is located. If an election is scheduled to occur in the precinct in which the voter deleted text begin residesdeleted text end new text begin
maintains residencenew text end in the next 47 days, the county auditor shall promptly update the voter's
address in the statewide voter registration system. If there is not an election scheduled, the
auditor may wait to update the voter's address until after the next list of address changes is
received from the secretary of state. Once updated, the county auditor shall mail to the voter
a notice stating the voter's name, address, precinct, and polling place, except that if the
voter's record is challenged due to a felony conviction, noncitizenship, name change,
incompetence, or a court's revocation of voting rights of individuals under guardianship,
the auditor must not mail the notice. The notice must advise the voter that the voter's voting
address has been changed and that the voter must notify the county auditor within 21 days
if the new address is not the voter's address of residence. The notice must state that it must
be returned if it is not deliverable to the voter at the named address.
Minnesota Statutes 2020, section 201.121, subdivision 3, is amended to read:
(a) Within ten days after an election, the county auditor
shall send the notice required by subdivision 2 to a random sampling of the individuals
registered on election day. The random sampling shall be determined in accordance with
the rules of the secretary of state. As soon as practicable after the election, the county auditor
shall mail the notice required by subdivision 2 to all other individuals registered on election
day. If a notice is returned as not deliverable, the county auditor shall attempt to determine
the reason for the return. A county auditor who does not receive or obtain satisfactory proof
of an individual's eligibility to vote shall immediately notify the county attorney of all of
the relevant information. deleted text begin Thedeleted text end new text begin By February 15 of each odd-numbered year, thenew text end county auditor
must notify the secretary of state of the following informationnew text begin for the previous state general
electionnew text end by each precinct:
(1) the total number of all notices that were returned as nondeliverable;
(2) the total number of nondeliverable notices that the county auditor was able to
determine the reason for the return along with the reason for each return; and
(3) the total number of individuals for whom the county auditor does not receive or
obtain satisfactory proof of an individual's eligibility to vote.
(b) By March 1 of every odd-numbered year, the secretary of state shall report to the
chair and ranking minority members of the legislative committees with jurisdiction over
elections the following informationnew text begin for the previous state general electionnew text end by each precinct
and each county:
(1) the total number of all notices that were returned as nondeliverable;
(2) the total number of nondeliverable notices that a county auditor was able to determine
the reason for the return along with the reason for each return; and
(3) the total number of individuals for whom the county auditor does not receive or
obtain satisfactory proof of an individual's eligibility to vote.
Minnesota Statutes 2020, section 201.13, subdivision 3, is amended to read:
(a) At least once each month the secretary
of state shall obtain a list of individuals registered to vote in this state who have filed with
the United States Postal Service a change of their permanent address. The secretary of state
may also periodically obtain a list of individuals with driver's licenses or state identification
cards to identify those who are registered to vote who have applied to the Department of
Public Safety for a replacement driver's license or state identification card with a different
address, and a list of individuals for whom the Department of Public Safety received
notification of a driver's license or state identification card cancellation due to a change of
residency out of state. However, the secretary of state shall not load data derived from these
lists into the statewide voter registration system within the 47 days before the state primary
or 47 days before a November general election.
(b) If the address is changed to another address in this state, the secretary of state shall
locate the precinct in which the voter deleted text begin residesdeleted text end new text begin maintains residencenew text end , if possible. If the secretary
of state is able to locate the precinct in which the voter deleted text begin residesdeleted text end new text begin maintains residencenew text end , the
secretary must transmit the information about the changed address by electronic means to
the county auditor of the county in which the new address is located. For addresses for
which the secretary of state is unable to determine the precinct, the secretary may forward
information to the appropriate county auditors for individual review. If the voter has not
voted or submitted a voter registration application since the address change, upon receipt
of the information, the county auditor shall update the voter's address in the statewide voter
registration system. The county auditor shall mail to the voter a notice stating the voter's
name, address, precinct, and polling place, unless the voter's record is challenged due to a
felony conviction, noncitizenship, name change, incompetence, or a court's revocation of
voting rights of individuals under guardianship, in which case the auditor must not mail the
notice. The notice must advise the voter that the voter's voting address has been changed
and that the voter must notify the county auditor within 21 days if the new address is not
the voter's address of residence. The notice must state that it must be returned if it is not
deliverable to the voter at the named address.
(c) If the change of permanent address is to an address outside this state, the secretary
of state shall notify by electronic means the auditor of the county where the voter formerly
deleted text begin resideddeleted text end new text begin maintained residencenew text end that the voter has moved to another state. If the voter has not
voted or submitted a voter registration application since the address change, the county
auditor shall promptly mail to the voter at the voter's new address a notice advising the voter
that the voter's status in the statewide voter registration system will be changed to "inactive"
unless the voter notifies the county auditor within 21 days that the voter is retaining the
former address as the voter's address of residence, except that if the voter's record is
challenged due to a felony conviction, noncitizenship, name change, incompetence, or a
court's revocation of voting rights of individuals under guardianship, the auditor must not
mail the notice. If the notice is not received by the deadline, the county auditor shall change
the voter's status to "inactive" in the statewide voter registration system.
(d) If, in order to maintain voter registration records, the secretary of state enters an
agreement to share information or data with an organization governed exclusively by a
group of states, the secretary must first determine that the data security protocols are sufficient
to safeguard the information or data shared. If required by such an agreement, the secretary
of state may share the following data from the statewide voter registration system and data
released to the secretary of state under section 171.12, subdivision 7a:
(1) name;
(2) date of birth;
(3) address;
(4) driver's license or state identification card number;
(5) the last four digits of an individual's Social Security number; and
(6) the date that an individual's record was last updated.
If the secretary of state enters into such an agreement, the secretary and county auditors
must process changes to voter records based upon that data in accordance with this section.
Except as otherwise provided in this subdivision, when data is shared with the secretary of
state by another state, the secretary of state must maintain the same data classification that
the data had while it was in the possession of the state providing the data.
Minnesota Statutes 2020, section 201.161, is amended to read:
new text begin
Except as otherwise provided in this section,
an individual must be registered to vote if the individual is eligible to vote under section
201.014 and properly completes and submits one of the following applications, if the
application otherwise requires documentation of citizenship:
new text end
new text begin
(1) an application for a new or renewed Minnesota driver's license or identification card;
or
new text end
new text begin
(2) an application for benefits or services to a state agency participating under subdivision
4.
new text end
new text begin
After an individual submits an application
qualifying for registration under this section, a county auditor must provide, by mail, a
notice of the option and the procedures necessary to decline to be registered to vote pursuant
to subdivision 6 and section 201.12, subdivision 1. An individual must not be registered to
vote if the individual declines to be registered within 20 days of submitting the application.
The individual must continue to be offered an opportunity to be registered upon completion
or submission of a qualifying application unless the individual presents documentation
demonstrating a lack of citizenship or a failure to meet other eligibility criteria.
new text end
new text begin (a) new text end The deleted text begin Departmentdeleted text end new text begin commissionernew text end of public
safety deleted text begin shalldeleted text end new text begin , in consultation with the secretary of state, mustnew text end change deleted text begin itsdeleted text end new text begin thenew text end applications for
an original, duplicate, or change of address driver's license or identification card so that the
forms may also serve as voter registration applicationsnew text begin , if the application otherwise includes
verification of the applicant's citizenshipnew text end . The forms must contain spaces for all information
deleted text begin collected by voter registration applicationsdeleted text end new text begin required to register to vote, asnew text end prescribed by the
secretary of state. deleted text begin Applicants for driver's licenses or identification cards must be asked if
they want to register to vote at the same time and thatdeleted text end new text begin Unless the applicant has provided an
address other than the applicant's address of residence under section 171.12, subdivision 7,
paragraph (d), the commissioner must transmit thenew text end information deleted text begin must be transmitted at least
weeklydeleted text end new text begin dailynew text end by electronic means to the secretary of state. Pursuant to the Help America
Vote Act of 2002, Public Law 107-252, the computerized driver's license record containing
the voter's name, address, date of birth,new text begin citizenship,new text end driver's license number or state
identification number,new text begin signature image,new text end county, deleted text begin town,deleted text end and citynew text begin or townnew text end must be made
available for access by the secretary of state and interaction with the statewide voter
registration system.new text begin At least monthly, the commissioner must submit data to the secretary
of state identifying the total number of people applying for services in a manner that qualifies
for voter registration under this section and the total number of individuals whose records
were actually transferred for registration.
new text end
new text begin
(b) Information on an applicant for a form of an original, duplicate, or change of address
driver's license or identification card that does not include verification of citizenship must
not be transmitted to the secretary of state. The commissioner must provide these applicants
with information on the voting eligibility and the requirements for registering to vote at the
time of the transaction.
new text end
new text begin
(c) An applicant must not be registered to vote under this subdivision until the
commissioner of public safety has certified that the department's systems have been tested
and can accurately provide the required data, and the secretary of state has certified that the
system for automatic registration of those applicants has been tested and is capable of
properly determining whether an applicant is eligible to vote. The department's systems
must be tested and accurately provide the necessary date no later than June 1, 2022.
new text end
new text begin
(d) For purposes of this section, "driver's license" includes any instruction permit,
provisional license, limited license, restricted license, or operator's permit issuable by the
commissioner of public safety under chapter 171.
new text end
new text begin
(a) The commissioner of any state
agency, and the administrative head of any local government or the government of a federally
recognized Indian tribe within the state, in consultation with the secretary of state, may
cause any form or application within its jurisdiction to serve as a voter registration
application, if the form or application already provides verification of an applicant's United
States citizenship. The form or application must contain spaces for all information required
to register to vote as prescribed by the secretary of state. The commissioner or administrative
head must transmit the information daily by electronic means to the secretary of state on
any individual whose United States citizenship has been verified. At least monthly, the
commissioner must submit data to the secretary of state identifying the total number of
people applying for services in a manner that qualifies for voter registration under this
section, and the total number of individuals whose records were actually transferred for
registration.
new text end
new text begin
(b) The commissioner or administrative head, in consultation with the secretary of state,
may cause any form or application within its jurisdiction to serve as an update to the address
on an applicant's existing voter registration record. The commissioner or administrative
head must transmit the information daily by electronic means to the secretary of state. At
least monthly, the commissioner or administrative head must submit data to the secretary
of state identifying the total number of people applying for services in a manner that qualifies
for a voter registration address update under this paragraph, and the total number of
individuals whose records were actually transferred for updates.
new text end
new text begin
(c) An applicant must not be registered to vote under this subdivision until the agency's
commissioner, or the administrative head of the local or tribal government, has certified
that the necessary systems have been tested and can accurately provide the required data,
and the secretary of state has certified that the system for automatic registration of those
applicants has been tested and is capable of properly determining whether an applicant is
eligible to vote.
new text end
new text begin
(a) The secretary of state must determine whether an applicant
whose information is submitted under this section is currently registered in the statewide
voter registration system. For each currently registered voter whose registration is not
changed, the secretary of state must update the voter's registration date in the statewide
voter registration system. For each currently registered voter whose registration is changed,
the secretary of state must transmit the registration daily by electronic means to the county
auditor of the county where the voter resides.
new text end
new text begin
(b) If the applicant is not currently registered in the statewide voter registration system,
the secretary of state must determine whether the applicant is 18 years of age or older and
a citizen of the United States. The secretary of state must also compare the voter registration
information received under section 201.145 to determine whether the applicant is eligible
to vote. If an applicant is less than 18 years of age, the secretary of state must wait until the
applicant has turned 18 years of age to determine whether the applicant is eligible to vote.
For each applicant the secretary of state determines is an eligible voter, the secretary of state
must transmit the registration daily by electronic means to the county auditor of the county
where the voter resides.
new text end
new text begin
(c) Any data on applicants who the secretary determines are not eligible to vote are
private data on individuals, as defined in section 13.02, subdivision 12.
new text end
new text begin
(d) The county auditor must inactivate the voter's record in the statewide voter registration
system upon receipt of a written request, signed by the voter, that the registration be
inactivated.
new text end
new text begin
Upon receipt of the registration information, the county auditor must
provide to the voter the notice of registration required by section 201.121, subdivision 2.
A notice mailed under this subdivision must include information on declining the registration
within the period authorized by subdivision 2, if the voter does not wish to be registered to
vote. The secretary of state may adopt rules prescribing the notice required by this subdivision
and subdivision 2.
new text end
new text begin
Unless
an individual knows of the individual's ineligibility to vote and intentionally takes voluntary
action to become registered, the transfer of the individual's record under this section does
not constitute completion or submission of a voter registration application by that individual.
If an application is processed and the individual is registered by the state under this section,
the application and registration is presumed to have been officially authorized by the state
and the individual is not subject to penalty under this section or other applicable law if the
individual is subsequently determined to be ineligible.
new text end
new text begin
A registration application completed pursuant to this section
that is dated during the 20 days before an election is not effective until the day after the
election. This subdivision does not limit the ability of a person to register to vote on election
day as provided in section 201.061, subdivision 3. Any person who submits an application
under this section that is dated during the 20 days before an election shall be provided at
the time of application with a notice advising the applicant of the procedures to register to
vote on election day.
new text end
Minnesota Statutes 2020, section 201.1611, subdivision 1, is amended to read:
All postsecondary institutions that enroll students accepting state
or federal financial aid shall provide voter registration forms to each student as early as
possible in the fall quarter. All school districts shall make available voter registration
applications each May and September to all students registered as students of the school
district who will be eligible to vote at the next election after those months. A school district
has no obligation to provide voter registration applications to students who participate in a
postsecondary education option program or who otherwise deleted text begin residedeleted text end new text begin maintain residencenew text end in the
district but do not attend a school operated by the district. A school district fulfills its
obligation to a student under this section if it provides a voter registration application to the
student one time. The forms must contain spaces for the information required in section
201.071, subdivision 1, and applicable rules of the secretary of state. The institutions and
school districts may request these forms from the secretary of state. Institutions shall consult
with their campus student government in determining the most effective means of distributing
the forms and in seeking to facilitate election day registration of students under section
201.061, subdivision 3. School districts must advise students that completion of the voter
registration application is not a school district requirement.
Minnesota Statutes 2020, section 201.162, is amended to read:
The commissioner or chief administrative officer of each state agency or
community-based public agency or nonprofit corporation that contracts with the state agency
to carry out obligations of the state agency shall provide voter registration services for
employees and the publicnew text begin including, as applicable, automatic voter registration or information
on voter eligibility and registration procedures as required under section 201.161new text end . A person
may complete a voter registration application or apply to change a voter registration name
or address if the person has the proper qualifications on the date of application. Nonpartisan
voter registration assistance, including routinely asking members of the public served by
the agency whether they would like to register to vote and, if necessary, assisting them in
preparing the registration forms must be part of the job of appropriate agency employees.
Minnesota Statutes 2020, section 201.225, subdivision 2, is amended to read:
An electronic roster must:
(1) be able to be loaded with a data file that includes voter registration data in a file
format prescribed by the secretary of state;
(2) allow for data to be exported in a file format prescribed by the secretary of state;
(3) allow for data to be entered manually or by scanning a Minnesota driver's license or
identification card to locate a voter record or populate a voter registration application that
would be printed and signed and dated by the voter. The printed registration application
can be either a printed form, labels printed with voter information to be affixed to a preprinted
form, or a combination of both;
(4) allow an election judge to update data that was populated from a scanned driver's
license or identification card;
(5) cue an election judge to ask for and input data that is not populated from a scanned
driver's license or identification card that is otherwise required to be collected from the voter
or an election judge;
(6) immediately alert the election judge if the voter has provided information that indicates
that the voter is not eligible to vote;
(7) immediately alert the election judge if the electronic roster indicates that a voter has
already voted in that precinct, the voter's registration status is challenged, or it appears the
voter deleted text begin residesdeleted text end new text begin maintains residencenew text end in a different precinct;
(8) provide immediate instructions on how to resolve a particular type of challenge when
a voter's record is challenged;
(9) provide for a printed voter signature certificate, containing the voter's name, address
of residence, date of birth, voter identification number, the oath required by section 204C.10,
and a space for the voter's original signature. The printed voter signature certificate can be
either a printed form or a label printed with the voter's information to be affixed to the oath;
(10) contain only preregistered voters within the precinct, and not contain preregistered
voter data on voters registered outside of the precinct;
(11) be only networked within the polling location on election day, except for the purpose
of updating absentee ballot records;
(12) meet minimum security, reliability, and networking standards established by the
Office of the Secretary of State in consultation with the Office of MN.IT Services;
(13) be capable of providing a voter's correct polling place; and
(14) perform any other functions necessary for the efficient and secure administration
of the participating election, as determined by the secretary of state.
Electronic rosters used only for election day registration do not need to comply with clauses
(1), (8), and (10). Electronic rosters used only for preregistered voter processing do not need
to comply with clauses (4) and (5).
new text begin
The secretary of state shall develop accurate and complete information in a single
publication about the voting rights of people who have been charged with or convicted of
a crime. This publication must be made available electronically to the state court administrator
for distribution to judges, court personnel, probation officers, and the commissioner of
corrections for distribution to corrections officials, parole and supervised release agents,
and the public.
new text end
Minnesota Statutes 2020, section 202A.11, subdivision 2, is amended to read:
A major political party which has adopted a party name is entitled
to the exclusive use of that name for the designation of its candidates on all ballots, and no
candidate of any other political party is entitled to have printed on a ballot as a party
designation any part of that name.new text begin Improper use of a major political party's name may be
the subject of a petition filed under section 204B.44.
new text end
Minnesota Statutes 2020, section 202A.16, subdivision 1, is amended to read:
Only those individuals who are or will be eligible to vote
at the time of the next state general election, may vote or be elected a delegate or officer at
the precinct caucus. An eligible voter may vote or be elected a delegate or officer only in
the precinct where the voter deleted text begin residesdeleted text end new text begin maintains residencenew text end at the time of the caucus.
Minnesota Statutes 2020, section 203B.01, subdivision 3, is amended to read:
"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 .
Minnesota Statutes 2020, section 203B.01, is amended by adding a subdivision
to read:
new text begin
"Utility worker" means an employee of a public utility as
defined by section 216B.02, subdivision 4.
new text end
Minnesota Statutes 2020, section 203B.02, is amended by adding a subdivision
to read:
new text begin
Any trained or certified emergency response
provider or utility worker who is deployed during the time period authorized by law for
absentee voting, on election day, or during any state of emergency declared by the President
of the United States or any governor of any state within the United States may vote by
absentee ballot either as provided by sections 203B.04 to 203B.15 or sections 203B.16 to
203B.27.
new text end
Minnesota Statutes 2020, section 203B.03, is amended by adding a subdivision
to read:
new text begin
(a) No individual may be compensated
for the solicitation, collection, or acceptance of absentee ballot applications from voters for
submission to the county auditor or other local election official in a manner in which payment
is calculated by multiplying (1) either a set or variable payment rate, by (2) the number of
applications solicited, collected, or accepted.
new text end
new text begin
(b) No individual may be deprived of compensation or have compensation automatically
reduced exclusively for failure to solicit, collect, or accept a minimum number of absentee
ballot applications.
new text end
new text begin
(c) No individual may receive additional compensation for collecting a certain number
of absentee ballot applications.
new text end
Minnesota Statutes 2020, section 203B.04, subdivision 1, is amended to read:
(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.
Minnesota Statutes 2020, section 203B.081, subdivision 1, is amended to read:
An eligible voter may vote by absentee ballot in the
office of the county auditor and at any other polling place designated by the county auditor
during the 46 days before the election, except as provided in this section.new text begin The county auditor
shall make such polling place designations at least 14 weeks before the election. Voters
casting absentee ballots in person for a town election held in March may do so during the
30 days before the election.
new text end
Minnesota Statutes 2020, section 203B.081, subdivision 2, is amended to read:
deleted text begin Voters casting
absentee ballots in person for a town election held in March may do so during the 30 days
before the election. The county auditor shall make such designations at least 14 weeks before
the election.deleted text end new text begin For purposes of this section, the county auditor must make available in each
polling place (1)new text end at least one voting booth deleted text begin in each polling place must be made available by
the county auditor for this purpose. The county auditor must also make availabledeleted text end new text begin , and (2)new text end
at least one electronic ballot marker deleted text begin in each polling place that has implemented a voting
system that is accessibledeleted text end for individuals with disabilities pursuant to section 206.57,
subdivision 5.
Minnesota Statutes 2020, section 203B.081, subdivision 3, is amended to read:
(a) The county auditor may make available a ballot
counter and ballot box for use by the voters during the deleted text begin sevendeleted text end new text begin 14new text end days before the election.
If a ballot counter and ballot box is provided, a voter must be given the option either (1) to
vote using the process provided in section 203B.08, subdivision 1, or (2) to vote in the
manner provided in this subdivision.
(b) If a voter chooses to vote in the manner provided in this subdivision, the voter must
state the voter's name, address, and date of birth to the county auditor or municipal clerk.
The voter shall sign a voter's certificate, which must include the voter's name, identification
number, and the certification required by section 201.071, subdivision 1. The signature of
an individual on the voter's certificate and the issuance of a ballot to the individual is evidence
of the intent of the individual to vote at that election.
(c) After signing the voter's certificate, the voter shall be issued a ballot and immediately
retire to a voting station or other designated location in the polling place to mark the ballot.
The ballot must not be taken from the polling place. If the voter spoils the ballot, the voter
may return it to the election official in exchange for a new ballot. After completing the
ballot, the voter shall deposit the ballot into the ballot box.
(d) The election official must immediately record that the voter has voted in the manner
provided in section 203B.121, subdivision 3.
(e) The election duties required by this subdivision must be performed by the county
auditor, municipal clerk, or a deputy of the auditor or clerk.
new text begin
(f) The secretary of state must prepare voting instructions in languages other than English
for use by voters casting a ballot under this subdivision. At a minimum, the instructions
must be prepared and made available in print, electronic, and audiovisual formats in the
Spanish, Hmong, and Somali languages.
new text end
Minnesota Statutes 2020, section 203B.11, subdivision 1, is amended to read:
new text begin (a) new text end Each full-time municipal clerk or school district clerk
who has authority under section 203B.05 to administer absentee voting laws shall designate
election judges to deliver absentee ballots in accordance with this section. The county auditor
must also designate election judges to perform the duties in this section. A ballot may be
delivered only to an eligible voter who is a temporary or permanent resident or patient in a
health care facility or hospital located in the municipality in which the voter maintains
residence. The ballots shall be delivered by two election judges, each of whom is affiliated
with a different major political party. When the election judges deliver or return ballots as
provided in this section, they shall travel together in the same vehicle. Both election judges
shall be present when an applicant completes the certificate of eligibility and marks the
absentee ballots, and may assist an applicant as provided in section 204C.15. The election
judges shall deposit the return envelopes containing the marked absentee ballots in a sealed
container and return them to the clerk on the same day that they are delivered and marked.
new text begin
(b) At the discretion of a full-time municipal clerk, school district clerk, or county auditor,
absentee ballots may be delivered in the same manner as prescribed in paragraph (a) to a
veterans home operated under chapter 198 or a shelter for battered women as defined in
section 611A.37, subdivision 4.
new text end
Minnesota Statutes 2020, section 203B.12, subdivision 7, is amended to read:
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
Minnesota Statutes 2020, section 203B.121, subdivision 2, is amended to read:
(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 deleted text begin seventhdeleted text end new text begin 14thnew text end 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 return 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.
Minnesota Statutes 2020, section 203B.121, subdivision 3, is amended to read:
(a) When applicable, the county auditor or municipal clerk
must immediately record that a voter's absentee ballot has been accepted. After the close
of business on the deleted text begin seventhdeleted text end new text begin 14thnew text end day before the election, a voter whose record indicates that
an absentee ballot has been accepted must not be permitted to cast another ballot at that
election. In a state primary, general, or state special election for federal or state office, the
auditor or clerk must also record this information in the statewide voter registration system.
(b) The roster must be marked, and a supplemental report of absentee voters who
submitted a voter registration application with their ballot must be created, no later than the
start of voting on election day to indicate the voters that have already cast a ballot at the
election. The roster may be marked either:
(1) by the county auditor or municipal clerk before election day;
(2) by the ballot board before election day; or
(3) by the election judges at the polling place on election day.
The record of a voter whose absentee ballot was received after the close of business on
the deleted text begin seventhdeleted text end new text begin 14thnew text end day before the election is not required to be marked on the roster or
contained in a supplemental report as required by this paragraph.
Minnesota Statutes 2020, section 203B.121, subdivision 4, is amended to read:
After the close of business on the deleted text begin seventhdeleted text end new text begin 14thnew text end 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.
Minnesota Statutes 2020, section 203B.16, subdivision 2, is amended to read:
Sections 203B.16 to 203B.27
provide the exclusive voting procedure for United States citizens who are living indefinitely
outside the territorial limits of the United States who meet all the qualifications of an eligible
voter except residence in Minnesota, but who are authorized by federal law to vote in
Minnesota because they or, if they have never deleted text begin resideddeleted text end new text begin maintained residencenew text end in the United
States, a parent maintained residence in Minnesota for at least 20 days immediately prior
to their departure from the United States. Individuals described in this subdivision shall be
permitted to vote only for the offices of president, vice-president, senator in Congress, and
representative in Congress.
Minnesota Statutes 2020, section 203B.24, subdivision 1, is amended to read:
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 return
envelope "Accepted" and initial or sign the return 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 return 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.
Minnesota Statutes 2020, section 204B.06, subdivision 1b, is amended to read:
(a) An affidavit of candidacy must state a
telephone number where the candidate can be contacted. An affidavit must also state the
candidate's address of residence as determined under section 200.031, or at the candidate's
request in accordance with paragraph (c), the candidate's campaign contact address. The
form for the affidavit of candidacy must allow the candidate to request, if eligible, that the
candidate's address of residence be classified as private data, and to provide the certification
required under paragraph (c) for classification of that address.
(b) For an office whose residency requirement must be satisfied by the close of the filing
period, a registered voter in this state may request in writing that the filing officer receiving
the affidavit of candidacy review the address as provided in this paragraph, at any time up
to one day after the last day for filing for office. If requested, the filing officer must determine
whether the address provided in the affidavit of candidacy is within the area represented by
the office the candidate is seeking. If the filing officer determines that the address is not
within the area represented by the office, the filing officer must immediately notify the
candidate and the candidate's name must be removed from the ballot for that office. A
determination made by a filing officer under this paragraph is subject to judicial review
under section 204B.44.
(c) If the candidate requests that the candidate's address of residence be classified as
private data, the candidate must list the candidate's address of residence on a separate form
to be attached to the affidavit. The candidate must also certify on the affidavit that new text begin either:
new text end
new text begin (1) new text end a police report has been submitted deleted text begin ordeleted text end new text begin ,new text end an order for protection has been issuednew text begin , or the
candidate has a reasonable fearnew text end in regard to the safety of the candidate or the candidate's
familydeleted text begin ,deleted text end new text begin ;new text end or
deleted text begin thatdeleted text end new text begin (2)new text end the candidate's address is otherwise private pursuant to Minnesota law.
The address of residence provided by a candidate who makes a request for classification
on the candidate's affidavit of candidacy and provides the certification required by this
paragraph is classified as private data, as defined in section 13.02, subdivision 12, but may
be reviewed by the filing officer as provided in this subdivision.
(d) The requirements of this subdivision do not apply to affidavits of candidacy for a
candidate for: (1) judicial office; (2) the office of county attorney; or (3) county sheriff.
Minnesota Statutes 2020, section 204B.06, subdivision 4a, is amended to read:
Candidates who seek nomination for the following
offices shall state the following additional information on the affidavit:
(1) for governor or lieutenant governor, that on the first Monday of the next January the
candidate will be 25 years of age or older and, on the day of the state general election, a
resident of Minnesota for not less than one year;
(2) for supreme court justice, court of appeals judge, or district court judge, that the
candidate is learned in the law;
(3) for county, municipal, school district, or special district office, that the candidate
meets any other qualifications for that office prescribed by law;
(4) for senator or representative in the legislature, that on the day of the general or special
election to fill the office the candidate will have deleted text begin resideddeleted text end new text begin maintained residencenew text end not less than
one year in the state and not less than six months in the legislative district from which the
candidate seeks election.
Minnesota Statutes 2020, section 204B.09, subdivision 1, is amended to read:
(a) Except as
otherwise provided by this subdivision, affidavits of candidacy and nominating petitions
for county, state, and federal offices filled at the state general election shall be filed not
more than 84 days nor less than 70 days before the state primary. The affidavit may be
prepared and signed at any time between 60 days before the filing period opens and the last
day of the filing period.
(b) Notwithstanding other law to the contrary, the affidavit of candidacy must be signed
in the presence of a notarial officer or an individual authorized to administer oaths under
section 358.10.
(c) This provision does not apply to candidates for presidential elector nominated by
major political parties. Major party candidates for presidential elector are certified under
section 208.03. Other candidates for presidential electors may file petitions at least 77 days
before the general election day pursuant to section 204B.07. Nominating petitions to fill
vacancies in nominations shall be filed as provided in section 204B.13. No affidavit or
petition shall be accepted later than 5:00 p.m. on the last day for filing.
(d) Affidavits and petitions for county offices must be filed with the county auditor of
that county. Affidavits and petitions for federal offices must be filed with the secretary of
state. Affidavits and petitions for state offices must be filed with the secretary of state or
with the county auditor of the county in which the candidate deleted text begin residesdeleted text end new text begin maintains residencenew text end .
(e) Affidavits other than those filed pursuant to subdivision 1a must be submitted by
mail or by hand, notwithstanding chapter 325L, or any other law to the contrary and must
be received by 5:00 p.m. on the last day for filing.
Minnesota Statutes 2020, section 204B.09, subdivision 3, is amended to read:
(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 deleted text begin seventhdeleted text end new text begin 14thnew text end 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
Minnesota Statutes 2020, section 204B.13, is amended by adding a subdivision
to read:
new text begin
This section does not apply to a vacancy in
nomination for a federal office.
new text end
Minnesota Statutes 2020, section 204B.16, subdivision 1, is amended to read:
new text begin (a) new text end By December 31 of each year, the governing
body of each municipality and of each county with precincts in unorganized territory must
designate by ordinance or resolution deleted text begin a polling place for each election precinct. The polling
places designated in the ordinance or resolution are the polling places for the following
calendar year, unless a change is made:deleted text end new text begin any changes to a polling place location. A polling
place must be maintained for the following calendar year unless changed:
new text end
new text begin
(1) by ordinance or resolution by December 31 of the previous year;
new text end
deleted text begin (1)deleted text end new text begin (2)new text end pursuant to section 204B.175;
deleted text begin (2)deleted text end new text begin (3)new text end because a polling place has become unavailable; or
deleted text begin (3)deleted text end new text begin (4)new text end because a township designates one location for all statenew text begin , county,new text end and federal
elections and one location for all township only elections.
new text begin (b) new text end Polling places must be designated and ballots must be distributed so that no one is
required to go to more than one polling place to vote in a school district and municipal
election held on the same day. The polling place for a precinct in a city or in a school district
located in whole or in part in the metropolitan area defined by section 200.02, subdivision
24, shall be located within the boundaries of the precinct or within one mile of one of those
boundaries unless a single polling place is designated for a city pursuant to section 204B.14,
subdivision 2, or a school district pursuant to section 205A.11. The polling place for a
precinct in unorganized territory may be located outside the precinct at a place which is
convenient to the voters of the precinct. If no suitable place is available within a town or
within a school district located outside the metropolitan area defined by section 200.02,
subdivision 24, then the polling place for a town or school district may be located outside
the town or school district within five miles of one of the boundaries of the town or school
district.
Minnesota Statutes 2020, section 204B.19, subdivision 6, is amended to read:
Notwithstanding any other requirements of this sect