HF 2087

as introduced - 91st Legislature (2019 - 2020) Posted on 03/07/2019 02:46pm

A bill for an act
relating to the operation of state government; appropriating money for the
legislature, the governor's office, state auditor, attorney general, secretary of state,
certain agencies, boards, and councils; changing provisions for administrative law
judge salaries, revolving loan fund, cemeteries, and MERF; amending Minnesota
Statutes 2018, sections 15A.083, subdivision 6a; 16A.28, subdivision 1; 16B.86;
16B.87; 307.08; 353.27, subdivision 3c; 353.505.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

STATE GOVERNMENT APPROPRIATIONS

Section 1. new text begin APPROPRIATIONS. new text end

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 "2020" and "2021" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2020, or June 30, 2021, respectively.
"The first year" is fiscal year 2020. "The second year" is fiscal year 2021. "The biennium"
is fiscal years 2020 and 2021.
new text end

			new text begin APPROPRIATIONS new text end
			new text begin Available for the Year new text end
			new text begin Ending June 30 new text end
				new text begin 2020 new text end		new text begin 2021 new text end

Sec. 2. new text begin LEGISLATURE new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 82,123,000 new text end

new text begin $ new text end

new text begin 82,123,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2020 new text end	new text begin 2021 new text end
new text begin General new text end	new text begin 81,995,000 new text end	new text begin 81,995,000 new text end
new text begin Health Care Access new text end	new text begin 128,000 new text end	new text begin 128,000 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 Senate new text end

new text begin 32,105,000 new text end

new text begin 32,105,000 new text end

new text begin Subd. 3. new text end new text begin House of Representatives new text end

new text begin 32,383,000 new text end

new text begin 32,383,000 new text end

new text begin Subd. 4. new text end new text begin Legislative Coordinating Commission new text end

new text begin 17,635,000 new text end

new text begin 17,635,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 17,507,000 new text end	new text begin 17,507,000 new text end
new text begin Health Care Access new text end	new text begin 128,000 new text end	new text begin 128,000 new text end

new text begin Appropriations provided by this subdivision
may be used for designated staff to support
the following offices and commissions: Office
of the Legislative Auditor; Office of the
Revisor of Statutes; Legislative Reference
Library; Geographic Information Services;
Legislative Budget Office; Legislative-Citizen
Commission on Minnesota Resources;
Legislative Commission on Pensions and
Retirement; Legislative Water Commission;
Mississippi River Parkway Commission;
Legislative Energy Commission; and the
Lessard-Sams Outdoor Heritage Council. The
operation of all other joint offices and
commissions must be supported by the central
administrative staff of the Legislative
Coordinating Commission. This appropriation
may additionally be used for central
administrative staff to support the work of the
Economic Status of Women Advisory
Committee.
new text end

new text begin From its funds, $10,000 each year is for
purposes of the legislators' forum, through
which Minnesota legislators meet with
counterparts from South Dakota, North
Dakota, and Manitoba to discuss issues of
mutual concern.
new text end

new text begin From its funds, $818,000 each year is for the
Legislative Budget Office.
new text end

new text begin Legislative Auditor. $6,564,000 the first year
and $6,564,000 the second year are for the
Office of the Legislative Auditor.
new text end

new text begin Revisor of Statutes. $6,093,000 the first year
and $6,093,000 the second year are for the
Office of the Revisor of Statutes.
new text end

new text begin new text begin Legislative Reference Library. new text end $1,445,000
the first year and $1,445,000 the second year
are for the Legislative Reference Library.
new text end

Sec. 3. new text begin GOVERNOR AND LIEUTENANT GOVERNOR new text end

new text begin $ new text end

new text begin 3,972,000 new text end

new text begin $ new text end

new text begin 3,972,000 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) Up to $19,000 the first year and up to
$19,000 the second 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

Sec. 4. new text begin STATE AUDITOR new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 10,745,000 new text end

new text begin $ new text end

new text begin 11,022,000 new text end

Sec. 5. new text begin ATTORNEY GENERAL new text end

new text begin $ new text end

new text begin 27,262,000 new text end

new text begin $ new text end

new text begin 28,559,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2020 new text end	new text begin 2021 new text end
new text begin General new text end	new text begin 24,403,000 new text end	new text begin 25,643,000 new text end
new text begin State Government Special Revenue new text end	new text begin 2,464,000 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. 6. new text begin SECRETARY OF STATE new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 7,588,000 new text end

new text begin $ new text end

new text begin 7,502,000 new text end

new text begin $220,000 in fiscal year 2020 is transferred
from the general fund to the Help America
Vote Act account under Minnesota Statutes,
section 5.30, and is credited to the state match
requirement of the Omnibus Appropriations
Act of 2018, Public Law 115-1410, and the
Help America Vote Act of 2002, Public Law
107-252, section 101. This is a onetime
appropriation.
new text end

Sec. 7. new text begin CAMPAIGN FINANCE AND PUBLIC DISCLOSURE BOARD new text end

new text begin $ new text end

new text begin 1,173,000 new text end

new text begin $ new text end

new text begin 1,123,000 new text end

new text begin $50,000 the first year is for updates to the
Campaign Finance Reporter application. This
is a onetime appropriation.
new text end

Sec. 8. new text begin STATE BOARD OF INVESTMENT new text end

new text begin $ new text end

new text begin 139,000 new text end

new text begin $ new text end

new text begin 139,000 new text end

Sec. 9. new text begin ADMINISTRATIVE HEARINGS new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 8,231,000 new text end

new text begin $ new text end

new text begin 8,231,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2020 new text end	new text begin 2021 new text end
new text begin General 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 7,831,000 new text end	new text begin 7,831,000 new text end

new text begin $263,000 the first year and $263,000 the
second year are for municipal boundary
adjustments.
new text end

Sec. 10. new text begin OFFICE OF MN.IT SERVICES new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 20,141,000 new text end

new text begin $ new text end

new text begin 13,463,000 new text end

new text begin (a) $15,412,000 the first year and $8,734,000
the second year are for enhancements to
cybersecurity across state government. The
base for this appropriation in fiscal years 2022
and 2023 is $8,234,000 each year.
new text end

new text begin (b) $2,050,000 the first year and $2,050,000
the second year are to expand the state
information technology project portfolio and
project management oversight across state
government. The base for this appropriation
in fiscal years 2022 and 2023 is $1,200,000
each year.
new text end

new text begin (c) 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 2021
closing period.
new text end

Sec. 11. new text begin ADMINISTRATION new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 31,526,000 new text end

new text begin $ new text end

new text begin 25,406,000 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 end

new text begin 17,010,000 new text end

new text begin 10,410,000 new text end

new text begin Council on Developmental Disabilities.
$74,000 the first year and $74,000 the second
year are for the Council on Developmental
Disabilities.
new text end

new text begin Office of State Procurement. new text end new text begin $2,862,000 the
first year and $2,862,000 the second year are
for the Office of State Procurement.
new text end

new text begin Of this amount, $441,000 each year is for the
state match to the Procurement Technical
Assistance Center. This is a onetime
appropriation. The base for the Office of State
Procurement is $2,421,000 in fiscal year 2022
and each year thereafter.
new text end

new text begin Real Estate and Construction Services. new text end new text begin
$7,825,000 the first year and $2,825,000 the
second year are for real estate and construction
services.
new text end

new text begin Of this amount, $5,000,000 the first year is
for transfer to the special revenue fund to
establish the Building Efficiency Revolving
Loan Fund in Minnesota Statutes, section
16B.86.
new text end

new text begin State Demographer. new text end new text begin $2,339,000 the first year
and $739,000 the second year are for the state
demographer. Of this amount, $1,600,000 is
for the 2020 census outreach and engagement.
new text end

new text begin State Historic Preservation Office. new text end new text begin $527,000
the first year and $527,000 the second year
are for the State Historic Preservation Office.
new text end

new text begin Subd. 3. new text end new text begin Strategic Management Services new text end

new text begin 2,144,000 new text end

new text begin 2,124,000 new text end

new text begin Subd. 4. new text end new text begin Fiscal Agent new text end

new text begin 12,372,000 new text end

new text begin 12,872,000 new text end

new text begin In-Lieu of Rent. new text end new text begin $9,391,000 the first year and
$9,891,000 the second year are for space costs
of the legislature and veterans organizations,
ceremonial space, and statutorily free space.
new text end

new text begin Public Television. new text end new text begin (a) $1,550,000 the first
year and $1,550,000 the second year are for
matching grants for public television.
new text end

new text begin (b) $250,000 the first year and $250,000 the
second year are 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 Public Radio. (a) $392,000 the first year and
$392,000 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 $117,000 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 the first year and $510,000 the
second year are 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, 2019.
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

new text begin (g) $162,000 each year is for transfer to the
Minnesota Film and TV Board. The
appropriation in each year is available only
upon receipt by the board of $1 in matching
contributions of money or in-kind
contributions from nonstate sources for every
$3 provided by this appropriation, except that
each year up to $50,000 is available on July
1, even if the required matching contribution
has not been received by that date.
new text end

Sec. 12. new text begin CAPITOL AREA ARCHITECTURAL AND PLANNING BOARD new text end

new text begin $ new text end

new text begin 351,000 new text end

new text begin $ new text end

new text begin 351,000 new text end

Sec. 13. new text begin MINNESOTA MANAGEMENT AND BUDGET new text end

new text begin $ new text end

new text begin 36,021,000 new text end

new text begin $ new text end

new text begin 30,406,000 new text end

new text begin Subdivision 1. new text end new text begin Appropriations new text end

new text begin Appropriations by Fund new text end
	new text begin 2020 new text end	new text begin 2021 new text end
new text begin General new text end	new text begin 36,021,000 new text end	new text begin 29,908,000 new text end
new text begin Opioid Stewardship new text end	new text begin -0- new text end	new text begin 498,000 new text end

new text begin (a) $3,766,000 the first year and $3,185,000
the second year are for efforts to support
enhanced sexual harassment prevention
activities, to support the Office of Inclusion
and Equity, to fund state workforce
recruitment activities, and to implement a
statewide compensation study.
new text end

new text begin (b) $205,000 the first year and $252,000 the
second year are to enhance capacity to provide
legislators, executive branch officials, local
governments, and other Minnesota
stakeholders access to data-driven information.
new text end

new text begin (c) $498,000 the second year is from the
opioid stewardship fund to evaluate the impact
of publicly funded interventions to prevent
and treat opioid addiction.
new text end

new text begin (d) $5,700,000 the first year is for system
security and risk management. This is a
onetime appropriation.
new text end

Sec. 14. new text begin REVENUE new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 164,834,000 new text end

new text begin $ new text end

new text begin 167,878,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2020 new text end	new text begin 2021 new text end
new text begin General new text end	new text begin 160,574,000 new text end	new text begin 163,618,000 new text end
new text begin Health Care Access new text end	new text begin 1,760,000 new text end	new text begin 1,760,000 new text end
new text begin Highway User Tax Distribution new text end	new text begin 2,195,000 new text end	new text begin 2,195,000 new text end
new text begin Environmental new text end	new text begin 305,000 new text end	new text begin 305,000 new text end

new text begin Subd. 2. new text end new text begin Tax System Management new text end

new text begin 136,028,000 new text end

new text begin 138,372,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2020 new text end	new text begin 2021 new text end
new text begin General new text end	new text begin 131,768,000 new text end	new text begin 134,112,000 new text end
new text begin Health Care Access new text end	new text begin 1,760,000 new text end	new text begin 1,760,000 new text end
new text begin Highway User Tax Distribution new text end	new text begin 2,195,000 new text end	new text begin 2,195,000 new text end
new text begin Environmental new text end	new text begin 305,000 new text end	new text begin 305,000 new text end

new text begin Subd. 3. new text end new text begin Debt Collection Management new text end

new text begin 28,806,000 new text end

new text begin 29,506,000 new text end

Sec. 15. new text begin GAMBLING CONTROL new text end

new text begin $ new text end

new text begin 3,472,000 new text end

new text begin $ new text end

new text begin 3,472,000 new text end

new text begin These appropriations are from the lawful
gambling regulation account in the special
revenue fund.
new text end

Sec. 16. new text begin RACING COMMISSION new text end

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. 17. new text begin STATE LOTTERY new text end

new text begin Notwithstanding Minnesota Statutes, section
349A.10, subdivision 3, the State Lottery's
operating budget must not exceed $35,000,000
in fiscal year 2020 and $36,500,000 in fiscal
year 2021.
new text end

Sec. 18. new text begin AMATEUR SPORTS COMMISSION new text end

new text begin $ new text end

new text begin 341,000 new text end

new text begin $ new text end

new text begin 306,000 new text end

Sec. 19. new text begin COUNCIL FOR MINNESOTANS OF AFRICAN HERITAGE new text end

new text begin $ new text end

new text begin 531,000 new text end

new text begin $ new text end

new text begin 532,000 new text end

Sec. 20. new text begin COUNCIL ON LATINO AFFAIRS new text end

new text begin $ new text end

new text begin 679,000 new text end

new text begin $ new text end

new text begin 685,000 new text end

Sec. 21. new text begin COUNCIL ON ASIAN-PACIFIC MINNESOTANS new text end

new text begin $ new text end

new text begin 609,000 new text end

new text begin $ new text end

new text begin 616,000 new text end

Sec. 22. new text begin INDIAN AFFAIRS COUNCIL new text end

new text begin $ new text end

new text begin 1,119,000 new text end

new text begin $ new text end

new text begin 1,106,000 new text end

Sec. 23. new text begin MINNESOTA HISTORICAL SOCIETY new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 23,418,000 new text end

new text begin $ new text end

new text begin 24,043,000 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 end

new text begin 23,097,000 new text end

new text begin 23,722,000 new text end

new text begin $150,000 the first year and $225,000 the
second year are to create a museum
professionals development program.
new text end

new text begin Subd. 3. new text end new text begin Fiscal Agent new text end

new text begin (a) Global Minnesota new text end

new text begin 39,000 new text end

new text begin 39,000 new text end

new text begin (b) Minnesota Air National Guard Museum new text end

new text begin 17,000 new text end

new text begin 17,000 new text end

new text begin (c) 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 (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) 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 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. 24. new text begin BOARD OF THE ARTS new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 8,241,000 new text end

new text begin $ new text end

new text begin 7,541,000 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 end

new text begin 1,302,000 new text end

new text begin 602,000 new text end

new text begin $700,000 in the first year is for moving and
relocation expenses for the board.
new text end

new text begin Subd. 3. new text end new text begin Grants Program new text end

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 end

new text begin 2,139,000 new text end

new text begin 2,139,000 new text end

new text begin Any unencumbered balance remaining in this
section the first year does not cancel, but is
available for the second year.
new text end

new text begin Money appropriated in this section and
distributed as grants may only be spent on
projects located in Minnesota. A recipient of
a grant funded by an appropriation in this
section must not use more than ten percent of
the total grant for costs related to travel outside
the state of Minnesota.
new text end

Sec. 25. new text begin MINNESOTA HUMANITIES CENTER new text end

new text begin $ new text end

new text begin 700,000 new text end

new text begin $ new text end

new text begin 700,000 new text end

new text begin $325,000 each year is for the Healthy Eating,
Here at Home program under Minnesota
Statutes, section 138.912. No more than three
percent of the appropriation may be used for
the nonprofit administration of this program.
new text end

Sec. 26. new text begin BOARD OF ACCOUNTANCY new text end

new text begin $ new text end

new text begin 744,000 new text end

new text begin $ new text end

new text begin 675,000 new text end

new text begin $50,000 the first year is to update the online
permitting system. The base in fiscal year
2023 is $665,000.
new text end

Sec. 27. new text begin BOARD OF ARCHITECTURE ENGINEERING, LAND SURVEYING, LANDSCAPE ARCHITECTURE, GEOSCIENCE, AND INTERIOR DESIGN new text end

new text begin $ new text end

new text begin 905,000 new text end

new text begin $ new text end

new text begin 851,000 new text end

new text begin $50,000 the first year is to update the online
permitting system. The base in fiscal year
2022 is $831,000 and in fiscal year 2023 is
$821,000.
new text end

Sec. 28. new text begin BOARD OF COSMETOLOGIST EXAMINERS new text end

new text begin $ new text end

new text begin 2,904,000 new text end

new text begin $ new text end

new text begin 2,935,000 new text end

Sec. 29. new text begin BOARD OF BARBER EXAMINERS new text end

new text begin $ new text end

new text begin 343,000 new text end

new text begin $ new text end

new text begin 343,000 new text end

Sec. 30. new text begin GENERAL CONTINGENT ACCOUNTS new text end

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 2020 new text end	new text begin 2021 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. 31. new text begin TORT CLAIMS new text end

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

ARTICLE 2

STATE GOVERNMENT

Section 1.

Minnesota Statutes 2018, section 15A.083, subdivision 6a, is amended to read:

Subd. 6a.

Administrative law judge; salaries.

The salary of the chief administrative
law judge is 98.52 percent of the salary of a chief district court judge. The salaries of the
assistant chief administrative law judge and administrative law judge supervisors are deleted text begin 93.60 deleted text end new text begin
100 new text end percent of the salary of a deleted text begin chief deleted text end district court judge. The salary of an administrative law
judge employed by the Office of Administrative Hearings is 98.52 percent of the salary of
a district court judge as set under section 15A.082, subdivision 3.

Sec. 2.

Minnesota Statutes 2018, section 16A.28, subdivision 1, is amended to read:

Subdivision 1.

Carryforward.

Agencies may carry forward unexpended and
unencumbered nongrant operating balances from deleted text begin the first year of a biennium into the second
year of the biennium deleted text end new text begin one fiscal year into the next fiscal year new text end .

Sec. 3.

Minnesota Statutes 2018, section 16B.86, is amended to read:

16B.86 deleted text begin PRODUCTIVITY deleted text end new text begin BUILDING EFFICIENCY REVOLVING new text end LOAN
deleted text begin ACCOUNT deleted text end new text begin FUND new text end .

The deleted text begin productivity deleted text end new text begin building efficiency new text end loan deleted text begin account deleted text end new text begin fund new text end is deleted text begin a special deleted text end new text begin an new text end account in the
deleted text begin state treasury deleted text end new text begin special revenue fund new text end . Money in the account is appropriated to the commissioner
of administration to make loans to finance agency projects that will result in either deleted text begin reduced deleted text end new text begin
energy savings or other new text end operating deleted text begin costs or increased revenues, or both, deleted text end new text begin cost reductions new text end for
a state agency.

Sec. 4.

Minnesota Statutes 2018, section 16B.87, is amended to read:

16B.87 AWARD AND REPAYMENT OF deleted text begin PRODUCTIVITY deleted text end new text begin BUILDING
EFFICIENCY new text end LOANS.

Subdivision 1.

Committee.

The deleted text begin Productivity deleted text end new text begin Building Efficiency Revolving new text end Loan
Committee consists of the commissioners of administration, deleted text begin management and budget deleted text end , new text begin
commerce, new text end and deleted text begin revenue deleted text end new text begin the Pollution Control Agency new text end . The commissioner of administration
serves as chair of the committee. The members serve without compensation or reimbursement
for expenses.

Subd. 2.

Award and terms of loans.

An agency shall apply for a loan on a form provided
by the commissioner of administration. The committee shall review applications for loans
and shall award a loan based upon criteria adopted by the committee. The committee shall
determine the amount, interest, and other terms of the loan. The time for repayment of a
loan may not exceed five years.

Subd. 3.

Repayment.

An agency receiving a loan under this section shall repay the loan
according to the terms of the loan agreement. The principal and interest must be paid to the
commissioner of administration who shall deposit it in the deleted text begin productivity deleted text end new text begin building efficiency new text end
loan fund.

Sec. 5.

Minnesota Statutes 2018, section 307.08, is amended to read:

307.08 DAMAGES; ILLEGAL MOLESTATION OF HUMAN REMAINS;
BURIALS; CEMETERIES; PENALTY; deleted text begin AUTHENTICATION deleted text end new text begin ASSESSMENT new text end .

Subdivision 1.

Legislative intent; scope.

It is a declaration and statement of legislative
intent that all human burials, human remains, and deleted text begin human burial grounds deleted text end new text begin cemeteries new text end shall
be accorded equal treatment and respect for human dignity without reference to their ethnic
origins, cultural backgrounds, or religious affiliations. The provisions of this section shall
apply to all human burials, human remains, or deleted text begin human burial grounds deleted text end new text begin cemeteries new text end found on
or in all public or private lands or waters in Minnesota.

Subd. 2.

Felony; gross misdemeanor.

(a) A person who intentionally, willfully, and
knowingly does any of the following is guilty of a felony:

(1) destroys, mutilates, or injures human burials or deleted text begin human burial grounds deleted text end new text begin cemetery, or
associated grave goods new text end ; or

(2) without the consent of the appropriate authority, disturbs deleted text begin human burial grounds deleted text end new text begin a
cemetery new text end or removes human remains new text begin or associated grave goods new text end .

(b) A person who, without the consent of the appropriate authority and the landowner,
intentionally, willfully, and knowingly does any of the following is guilty of a gross
misdemeanor:

(1) removes any tombstone, monument, or structure placed in any public or private
cemetery or deleted text begin authenticated human burial ground deleted text end new text begin assessed cemetery new text end ; or

(2) removes any fence, railing, or other work erected for protection or ornament, or any
tree, shrub, or plant or grave goods and artifacts within the limits of a deleted text begin public or private deleted text end
cemetery deleted text begin or authenticated human burial ground deleted text end ; or

(3) discharges any firearms upon or over the grounds of any deleted text begin public or private deleted text end cemetery
deleted text begin or authenticated burial ground deleted text end .

Subd. 3.

Protective posting.

Upon the agreement of the appropriate authority and the
landowner, deleted text begin an authenticated or recorded human burial ground deleted text end new text begin a cemetery new text end may be posted
for protective purposes every 75 feet around its perimeter with signs listing the activities
prohibited by subdivision 2 and the penalty for violation of it. Posting is at the discretion
of the Indian affairs council in the case of new text begin American new text end Indian deleted text begin burials deleted text end new text begin cemeteries new text end or at the
discretion of the state archaeologist in the case of deleted text begin non-Indian burials deleted text end new text begin non-American Indian
cemeteries new text end . This subdivision does not require posting of a deleted text begin burial ground deleted text end new text begin cemetery new text end . The size,
description, location, and information on the signs used for protective posting must be
approved by the appropriate authority and the landowner.

Subd. 3a.

deleted text begin Authentication deleted text end new text begin Cemeteries; records and condition assessments new text end .

deleted text begin The state
archaeologist shall authenticate all burial grounds for purposes of this section. The state
archaeologist may retain the services of a qualified professional archaeologist, a qualified
physical anthropologist, or other appropriate experts for the purpose of gathering information
that the state archaeologist can use to authenticate or identify burial grounds. If probable
Indian burial grounds are to be disturbed or probable Indian remains analyzed, the Indian
Affairs Council must approve the professional archaeologist, qualified anthropologist, or
other appropriate expert. Authentication is at the discretion of the state archaeologist based
on the needs identified in this section or upon request by an agency, a landowner, or other
appropriate authority. deleted text end new text begin (a) Cemeteries shall be assessed according to this subdivision.
new text end

new text begin (b) The state archaeologist shall implement and maintain a system of records identifying
the location of known, recorded, or suspected cemeteries. The state archaeologist shall
provide access to the records as provided in subdivision 11.
new text end

new text begin (c) The cemetery condition assessment of non-American Indian cemeteries is at the
discretion of the state archaeologist based on the needs identified in this section or upon
request by an agency, a landowner, or other appropriate authority.
new text end

new text begin (d) The cemetery condition assessment of American Indian cemeteries is at the discretion
of the Indian Affairs Council based on the needs identified in this section or upon request
by an agency, a landowner, or other appropriate authority.
new text end

new text begin (e) The cemetery condition assessment of cemeteries that include American Indian and
non-American Indian remains or include remains whose ancestry cannot be determined
shall be assessed at the discretion of the state archaeologist in collaboration with the Indian
Affairs Council based on the needs identified in this section or upon request by an agency,
a landowner, or other appropriate authority.
new text end

new text begin (f) The state archaeologist and the Indian Affairs Council shall have 90 days from the
date a request is received to conduct a cemetery condition assessment or provide notice to
the requester whether or not a condition assessment of a cemetery is needed.
new text end

new text begin (g) The state archaeologist and the Indian Affairs Council may retain the services of a
qualified professional archaeologist, a qualified forensic anthropologist, or other appropriate
experts for the purpose of gathering information that the state archaeologist or the Indian
Affairs Council can use to assess or identify cemeteries.
new text end

Subd. 5.

Cost deleted text begin ; use of data deleted text end .

The cost of deleted text begin authentication deleted text end new text begin condition assessment new text end , recording,
surveying, and marking deleted text begin burial grounds deleted text end new text begin cemeteries new text end and the cost of identification, analysis,
rescue, and reburial of human remains on public lands or waters shall be the responsibility
of the state or political subdivision controlling the lands or waters. On private lands or waters
these costs shall be borne by the state, but may be borne by the landowner upon mutual
agreement with the state. deleted text begin The state archaeologist must make the data collected for this
activity available using standards adopted by the Office of MN.IT Services and geospatial
technology standards and guidelines published by the Minnesota Geospatial Information
Office. Costs associated with this data delivery must be borne by the state.
deleted text end

Subd. 7.

Remains found outside of recorded cemeteries.

new text begin (a) new text end All unidentified human
remains or burials found outside of deleted text begin recorded deleted text end cemeteries or unplatted graves or burials found
within recorded cemeteries and in contexts which indicate antiquity greater than 50 years
shall be new text begin treated with utmost respect for all human dignity and new text end dealt with according to the
provisions of this section.

new text begin (b) If deemed necessary for identification purposes by the Indian Affairs Council,
removed remains shall be studied in a timely and respectful manner by appropriate experts
designated by the Indian Affairs Council.
new text end

new text begin (c) new text end If deleted text begin such deleted text end new text begin the new text end burials are not new text begin American new text end Indian or their ethnic identity cannot be
ascertained, as determined by the state archaeologist, they shall be dealt with in accordance
with provisions established by the state archaeologist and other appropriate authority new text begin , as
specified in subdivision 3a, paragraph (e) new text end .

new text begin (d) new text end If deleted text begin such deleted text end new text begin the new text end burials deleted text begin are deleted text end new text begin include American new text end Indian new text begin remains new text end , as determined by the state
archaeologist, deleted text begin efforts shall be made by deleted text end new text begin they must be dealt with as provided by the provisions
of subdivision 3a, paragraph (d). new text end The state archaeologist and the Indian Affairs Council deleted text begin to deleted text end new text begin
shall new text end ascertain deleted text begin their deleted text end tribal identity deleted text begin . If their probable tribal identity can be determined and
the remains have been removed from their original context, such remains shall be turned
over to contemporary tribal leaders for disposition. deleted text end new text begin of the remains in consultation with
appropriate experts designated by the Indian Affairs Council.
new text end

new text begin (e) new text end If tribal identity new text begin of the remains new text end cannot be determined, the new text begin American new text end Indian remains
must be dealt with in accordance with provisions established by deleted text begin the state archaeologist and deleted text end
the Indian Affairs Council deleted text begin if they are from public land deleted text end . deleted text begin If removed Indian remains are from
private land they shall be dealt with in accordance with provisions established by the Indian
Affairs Council deleted text end .

deleted text begin If it is deemed desirable by the state archaeologist or the Indian Affairs Council, removed
remains shall be studied in a timely and respectful manner by a qualified professional
archaeologist or a qualified physical anthropologist before being delivered to tribal leaders
or before being reburied.
deleted text end

new text begin Subd. 7a. new text end

new text begin Landowner responsibilities. new text end

new text begin (a) new text end Application by a landowner for permission
to develop or disturb nonburial areas within deleted text begin authenticated deleted text end new text begin an assessed new text end or recorded deleted text begin burial
grounds deleted text end new text begin cemetery new text end shall be made new text begin to the:
new text end

new text begin (1) new text end deleted text begin to the deleted text end state archaeologist and other appropriate authority in the case of deleted text begin non-Indian deleted text end new text begin
non-American Indian new text end burials new text begin ; new text end and

new text begin (2) new text end deleted text begin to the deleted text end Indian Affairs Council and other appropriate authority in the case of new text begin American
new text end Indian burials.

new text begin (b) new text end Landowners with deleted text begin authenticated deleted text end new text begin known new text end or suspected human deleted text begin burial grounds deleted text end new text begin cemeteries new text end
on their property are obligated to inform prospective buyers of the deleted text begin burial ground deleted text end new text begin cemetery new text end .

Subd. 8.

deleted text begin Burial ground deleted text end new text begin Cemetery new text end relocation.

No deleted text begin non-Indian burial ground deleted text end new text begin
non-American Indian cemetery new text end may be relocated without the consent of the appropriate
authority. No new text begin American new text end Indian deleted text begin burial ground deleted text end new text begin cemetery new text end may be relocated unless the request
to relocate is approved by the Indian Affairs Council. When a deleted text begin burial ground deleted text end new text begin cemetery new text end is
located on public lands or waters, any burial relocations must be duly licensed under section
138.36 and the cost of removal is the responsibility of and shall be paid by the state or
political subdivision controlling the lands or waters. If deleted text begin burial grounds deleted text end new text begin cemeteries new text end are
deleted text begin authenticated deleted text end new text begin assessed new text end on private lands, efforts may be made by the state to purchase and
protect them instead of removing them to another location.

Subd. 9.

Interagency cooperation.

new text begin (a) The state archaeologist and the Indian Affairs
Council shall enter into a memorandum of understanding to coordinate their responsibilities
under this section.
new text end

new text begin (b) new text end The Department of Natural Resources, the Department of Transportation, and all
other state agencies and local governmental units whose activities may be affected, shall
cooperate with the state archaeologist and the Indian Affairs Council to carry out the
provisions of this section.

Subd. 10.

Construction and development plan review.

When deleted text begin human burials are known
or suspected to deleted text end new text begin cemeteries new text end exist deleted text begin , deleted text end on public lands or waters, the state or political subdivision
controlling the lands or waters or, in the case of private lands, the landowner or developer,
shall submit construction and development plans to the state archaeologist for review prior
to the time bids are advertised and prior to any disturbance within the deleted text begin burial area deleted text end new text begin cemetery new text end .
If deleted text begin the known or suspected burials are deleted text end new text begin the cemetery is new text end thought to be deleted text begin Indian deleted text end new text begin American Indian,
or the project is within 300 feet of American Indian cemeteries, American Indian burial
features, historic American Indian villages, or historic American Indian cultural features new text end ,
plans shall also be submitted to the Indian Affairs Council. The state archaeologist and the
Indian Affairs Council shall review the plans within deleted text begin 30 deleted text end new text begin 45 new text end days of receipt and make
recommendations for the preservation in place or removal of the deleted text begin human burials deleted text end new text begin cemetery new text end
or remains, which may be endangered by construction or development activities.

Subd. 11.

Burial sites data.

new text begin (a) new text end Burial sites deleted text begin locational and related data maintained by deleted text end new text begin
data under the authority of new text end the Office of the State Archaeologist deleted text begin and accessible through the
office's "Unplatted Burial Sites and Earthworks in Minnesota" website deleted text end new text begin or Indian Affairs
Council new text end are security information for purposes of section 13.37. Persons who gain access to
deleted text begin the data maintained on the site deleted text end new text begin this data new text end are subject to liability under section 13.08 and the
penalty established by section 13.09 if they improperly use or further disseminate the data.

new text begin (b) The Indian Affairs Council or state archaeologist may bring legal action to prosecute
any violation of this subdivision. A violation may be prosecuted by the city or county
attorney or by the attorney general.
new text end

Subd. 12.

Right of entry.

The state archaeologist new text begin or designee new text end may enter on property for
the purpose of deleted text begin authenticating burial sites. deleted text end new text begin identifying or assessing cemetery sites. A
designated representative of the Indian Affairs Council may enter on property, in
collaboration with the state archaeologist, for the purpose of identifying or assessing
American Indian cemeteries. new text end Only after obtaining permission from the property owner or
lessee, descendants of persons buried in deleted text begin burial grounds deleted text end new text begin cemeteries new text end covered by this section
may enter the deleted text begin burial grounds deleted text end new text begin cemetery new text end for the purpose of conducting religious or
commemorative ceremonies. This right of entry must not unreasonably burden property
owners or unnecessarily restrict their use of the property. new text begin The right of entry cannot be denied
unless an unreasonable burden can be shown by the property owners.
new text end

Subd. 13.

Definitions.

As used in this section, the following terms have the meanings
given.

(a) "Abandoned cemetery" means a cemetery where the cemetery association has
disbanded or the cemetery is neglected and contains marked graves older than 50 years.

(b) "Appropriate authority" means:

(1) the trustees when the trustees have been legally defined to administer deleted text begin burial grounds deleted text end new text begin
cemetery sites new text end ;

(2) the Indian Affairs Council in the case of new text begin American new text end Indian deleted text begin burial grounds deleted text end new text begin cemetery
sites new text end lacking trustees;

(3) the county board in the case of abandoned cemeteries under section 306.243; and

(4) the state archaeologist in the case of deleted text begin non-Indian burial grounds deleted text end new text begin non-American Indian
cemetery sites new text end lacking trustees or not officially defined as abandoned.

(c) "Artifacts" means natural or artificial articles, objects, implements, or other items of
archaeological interest.

(d) deleted text begin "Authenticate" deleted text end new text begin "Assess" new text end means to establish the presence of or high potential deleted text begin of human
burials deleted text end new text begin for a cemetery new text end or human deleted text begin skeletal deleted text end remains deleted text begin being deleted text end located in a discrete area, delimit
the boundaries of deleted text begin human burial grounds deleted text end new text begin the cemetery new text end or graves, and attempt to determine
the ethnic, cultural, or religious affiliation of individuals interred.

(e) "Burial" means the organic remnants of the human body that were intentionally
interred as part of a mortuary process.

deleted text begin (f) "Burial ground" means a discrete location that is known to contain or has high potential
to contain human remains based on physical evidence, historical records, or reliable informant
accounts.
deleted text end

deleted text begin (g) deleted text end new text begin (f) new text end "Cemetery" means a discrete location that is known to contain or intended to be
used for the interment of human remains new text begin , or has high potential to contain human remains
based on physical evidence, historical records, or reliable informant accounts new text end .

deleted text begin (h) deleted text end new text begin (g) new text end "Disturb" means any activity that deleted text begin significantly deleted text end harms the physical integrity or
setting of a deleted text begin human burial or human burial ground deleted text end new text begin cemetery new text end .

deleted text begin (i) deleted text end new text begin (h) new text end "Grave goods" means objects or artifacts directly associated with human burials
or deleted text begin human burial grounds deleted text end new text begin cemeteries new text end that were placed as part of a mortuary ritual at the time
of interment.

deleted text begin (j) deleted text end new text begin (i) new text end "Human remains" means deleted text begin the calcified portion of the human body deleted text end new text begin the body of a
deceased person in whole or in parts, regardless of the state of decomposition new text end , not including
isolated teeth deleted text begin , or cremated remains deposited in a container or discrete feature deleted text end .

deleted text begin (k) deleted text end new text begin (j) new text end "Identification" means to analyze organic materials to attempt to determine if they
represent human remains and to attempt to establish the ethnic, cultural, or religious
affiliations of such remains.

new text begin (k) "American Indian cemetery" means a discrete location that is known to contain or
has a high potential to contain American Indian human remains based on physical evidence,
historical records, or reliable informant accounts.
new text end

(l) "Marked" means a burial that has a recognizable tombstone or obvious grave marker
in place or a legible sign identifying an area as a deleted text begin burial ground or deleted text end cemetery.

(m) "Qualified deleted text begin physical deleted text end new text begin forensic new text end anthropologist" means a specialist in identifying human
remains who holds an advanced degree in new text begin forensic new text end anthropology or a closely related field.

(n) "Qualified professional archaeologist" means an archaeologist who meets the United
States Secretary of the Interior's professional qualification standards in Code of Federal
Regulations, title 36, part 61, appendix A, or subsequent revisions.

(o) "Recorded cemetery" means a cemetery that has a surveyed plat filed in a county
recorder's office.

(p) "State" or "the state" means the state of Minnesota or an agency or official of the
state acting in an official capacity.

(q) "Trustees" means the recognized representatives of the original incorporators, board
of directors, or cemetery association.

Sec. 6.

Minnesota Statutes 2018, section 353.27, subdivision 3c, is amended to read:

Subd. 3c.

Former MERF members; member and employer contributions.

(a) For
the period July 1, deleted text begin 2015 deleted text end new text begin 2019 new text end , through December 31, 2031, the member contributions for
former members of the Minneapolis Employees Retirement Fund and by the former
Minneapolis Employees Retirement Fund-covered employing units are governed by this
subdivision.

(b) The member contribution for a public employee who was a member of the former
Minneapolis Employees Retirement Fund on June 29, 2010, is 9.75 percent of the salary of
the employee.

(c) The employer regular contribution with respect to a public employee who was a
member of the former Minneapolis Employees Retirement Fund on June 29, 2010, is 9.75
percent of the salary of the employee.

(d) The annual employer supplemental contribution is the employing unit's share of
deleted text begin $31,000,000. For calendar years 2017 and 2018, the employer supplemental contribution
is the employing unit's share of deleted text end $21,000,000.

(e) Each employing unit's share under paragraph (d) is the amount determined from an
allocation between each employing unit in the portion equal to the unit's employer
supplemental contribution paid or payable under Minnesota Statutes 2012, section 353.50,
during calendar year 2014.

(f) The employer supplemental contribution amount under paragraph (d) for calendar
year deleted text begin 2015 deleted text end new text begin 2019 new text end must be invoiced by the executive director of the Public Employees
Retirement Association by July 1, deleted text begin 2015. The calendar year 2015 payment is payable in a
single amount on or before September 30, 2015 deleted text end new text begin 2019 new text end . For subsequent calendar years, the
employer supplemental contribution under paragraph (d) must be invoiced on January 31
of each year deleted text begin and deleted text end new text begin . The employer supplemental contribution new text end is payable in two parts, with the
first half payable on or before July 31 and with the second half payable on or before
December 15. Late payments are payable with interest, compounded annually, at the
applicable rate or rates specified in section 356.59, subdivision 3, per month for each month
or portion of a month that has elapsed after the due date.

(g) The employer supplemental contribution under paragraph (d) terminates on December
31, 2031.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 7.

Minnesota Statutes 2018, section 353.505, is amended to read:

353.505 STATE CONTRIBUTIONS; FORMER MERF DIVISION.

(a) On September 15, 2019, and annually thereafter, the state shall pay to the general
employees retirement plan of the Public Employees Retirement Association, with respect
to the former MERF division, deleted text begin $6,000,000 deleted text end new text begin $16,000,000 new text end .

deleted text begin (b) On September 15, 2017, and September 15, 2018, the state shall pay to the general
employees retirement plan of the Public Employees Retirement Association, with respect
to the former MERF division, $16,000,000.
deleted text end

deleted text begin (c) deleted text end new text begin (b) new text end State contributions under this section end on September 15, 2031.

new text begin (c) The commissioner of management and budget shall pay the contribution specified
in this section. The amount required is appropriated annually from the general fund to the
commissioner of management and budget.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end