as introduced - 91st Legislature, 2019 1st Special Session (2019 - 2020) Posted on 08/29/2019 12:01pm
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,
and certain agencies, boards, councils, and retirement funds; changing provisions
in state government operations; making state payment terminology changes; adding
provisions for presidential nomination primary; changing provisions for information
technology, military and veterans affairs policy, gambling control board, racing
commission, and state board of accountancy; ratifying certain labor agreements;
requiring reports; amending Minnesota Statutes 2018, sections 3.855, by adding
a subdivision; 3.97, subdivision 3a; 3.971, subdivision 9; 13.599, by adding a
subdivision; 15.191, subdivisions 1, 3; 15A.083, subdivision 6a; 16A.065; 16A.13,
subdivision 2a; 16A.15, subdivision 3; 16A.272, subdivision 3; 16A.40; 16A.42,
subdivision 2, by adding a subdivision; 16A.671, subdivision 1; 16B.37, subdivision
4; 16C.055, subdivision 2; 16D.09, subdivision 1; 16E.03, subdivision 1, by adding
subdivisions; 21.116; 43A.10, by adding a subdivision; 43A.15, subdivision 14;
43A.191, subdivisions 2, 3; 80A.65, subdivision 9; 84A.23, subdivision 4; 84A.33,
subdivision 4; 84A.52; 88.12, subdivision 1; 94.522; 94.53; 116J.64, subdivision
7; 127A.34, subdivision 1; 127A.40; 136F.70, subdivision 3; 155A.25, subdivision
1a; 155A.28, by adding a subdivision; 176.181, subdivision 2; 176.581; 176.591,
subdivision 3; 192.55; 196.05, subdivision 1; 197.603, subdivision 2; 201.091,
subdivision 4, by adding a subdivision; 203B.121, subdivision 4; 204C.10; 207A.11;
207A.12; 207A.14, subdivision 2; 207A.15, subdivision 2; 237.30; 240.01, by
adding a subdivision; 240.02, subdivisions 2, 6; 240.08, subdivision 5; 240.10;
240.12; 240.13, subdivision 5; 240.131, subdivision 7; 240.135; 240.15, subdivision
6; 240.155, subdivision 1; 240.16, subdivisions 1, 2; 240.18, subdivisions 2, 3;
240.22; 240.27; 240A.09; 244.19, subdivision 7; 256B.20; 273.1245, subdivision
2; 299C.21; 326A.01, subdivision 2; 326A.04, subdivisions 4, 5; 326A.08,
subdivisions 4, 5, by adding a subdivision; 326A.10; 349.12, subdivision 2; 349.17,
subdivision 6; 349.181, subdivision 5; 349.19, subdivisions 1, 2; 352.04, subdivision
9; 353.05; 354.42, subdivision 7; 375.08; 375A.10, subdivision 5; 375A.12,
subdivision 2; 382.01; 382.02; 401.15, subdivision 1; 446A.16, subdivision 1;
462A.18, subdivision 1; 525.841; Laws 2016, chapter 189, article 13, section 64;
Laws 2018, chapter 100, section 1; proposing coding for new law in Minnesota
Statutes, chapters 3; 5; 10; 240; 326A; 375A; repealing Minnesota Statutes 2018,
sections 3.9735; 155A.28, subdivisions 1, 3, 4.
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 "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 begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
91,770,000 new text end |
new text begin
$ new text end |
new text begin
95,581,000 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 begin
34,866,000 new text end |
new text begin
35,654,000 new text end |
new text begin Subd. 3. new text end
new text begin
House of Representatives
|
new text begin
37,420,000 new text end |
new text begin
38,857,000 new text end |
new text begin Subd. 4. new text end
new text begin
Legislative Coordinating Commission
|
new text begin
19,484,000 new text end |
new text begin
21,070,000 new text end |
new text begin
The base for the Legislative Coordinating
Commission is $20,780,000 in fiscal year 2022
and $20,781,000 in fiscal year 2023.
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
new text begin Legislative Auditor.new text end $7,205,000 the first year
and $7,596,000 the second year are for the
Office of the Legislative Auditor.
new text end
new text begin
new text begin Revisor of Statutes.new text end $6,768,000 the first year
and $7,207,000 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 $1,664,000
the first year and $1,775,000 the second year
are for the Legislative Reference Library.
new text end
new text begin
new text begin Legislative Budget Office.new text end $904,000 the first
year and $1,483,000 the second year are for
the Legislative Budget Office. The base for
the Legislative Budget Office is $1,193,000
in fiscal year 2022 and $1,194,000 in fiscal
year 2023.
new text end
Sec. 3. 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 the first year and $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
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. 4. new text begin STATE AUDITOR
|
new text begin
$ new text end |
new text begin
10,336,000 new text end |
new text begin
$ new text end |
new text begin
10,602,000 new text end |
Sec. 5. new text begin ATTORNEY GENERAL
|
new text begin
$ new text end |
new text begin
25,687,000 new text end |
new text begin
$ new text end |
new text begin
26,429,000 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
22,828,000 new text end |
new text begin
23,513,000 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 begin
$ new text end |
new text begin
9,334,000 new text end |
new text begin
$ new text end |
new text begin
7,292,000 new text end |
new text begin
(a) Of these amounts, $2,000,000 the first year
is for election equipment grants under
Minnesota Statutes, section 206.95. This is a
onetime appropriation and is available until
June 30, 2022.
new text end
new text begin
(b) $163,000 the first year 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
|
new text begin
$ new text end |
new text begin
1,123,000 new text end |
new text begin
$ new text end |
new text begin
1,123,000 new text end |
Sec. 8. new text begin STATE BOARD OF INVESTMENT
|
new text begin
$ new text end |
new text begin
139,000 new text end |
new text begin
$ new text end |
new text begin
139,000 new text end |
Sec. 9. new text begin ADMINISTRATIVE HEARINGS
|
new text begin
$ new text end |
new text begin
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 each year is for municipal boundary
adjustments.
new text end
Sec. 10. new text begin OFFICE OF MN.IT SERVICES
|
new text begin
$ new text end |
new text begin
7,679,000 new text end |
new text begin
$ new text end |
new text begin
7,679,000 new text end |
new text begin
(a) $5,000,000 each year is for enhancements
to cybersecurity across state government.
new text end
new text begin
(b) 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
new text begin
(c) During the biennium ending June 30, 2021,
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
Sec. 11. new text begin ADMINISTRATION
|
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
26,085,000 new text end |
new text begin
$ new text end |
new text begin
24,965,000 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
11,042,000 new text end |
new text begin
9,442,000 new text end |
new text begin
$74,000 each year is for the Council on
Developmental Disabilities.
new text end
new text begin
new text begin State Demographer.new text end $2,339,000 the first year
and $739,000 the second year are for the state
demographer. Of this amount, $1,600,000 the
first year is for Minnesota Census 2020
mobilization, including the grant program
required under article 2.
new text end
new text begin
new text begin State Historic Preservation Office.new text end $527,000
each year is 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 begin
2,671,000 new text end |
new text begin
2,651,000 new text end |
new text begin Subd. 4. new text end
new text begin
Fiscal Agent
|
new text begin
12,372,000 new text end |
new text begin
12,872,000 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
$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
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 each year is 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 each year is for equipment grants
to public educational radio stations. This
appropriation may be used for the repair,
rental, and purchase of equipment including
equipment under $500.
new text end
new text begin
(c) $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, 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. $162,000
in fiscal year 2022 and $162,000 in fiscal year
2023 are transferred and added to the base for
the Film and TV Board in the Department of
Employment and Economic Development.
new text end
Sec. 12. new text begin CAPITOL AREA ARCHITECTURAL
|
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
|
new text begin
$ new text end |
new text begin
26,946,000 new text end |
new text begin
$ new text end |
new text begin
26,723,000 new text end |
new text begin
Of these funds, $141,000 the first year is to
pay to Becker County and to Wright County
the amount each county demonstrates to the
commissioner of management and budget that
it spent on legal fees, including costs and
disbursements, to defend the lawsuit brought
by former state auditor, Rebecca Otto, against
Wright, Becker, and Ramsey Counties, Otto
v. Wright County, Becker County, and
Ramsey County, Minnesota District Court,
Second Judicial District, Court File No.
62-CV-16-606, and all appeals from that suit.
new text end
Sec. 14. new text begin REVENUE
|
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
164,444,000 new text end |
new text begin
$ new text end |
new text begin
167,391,000 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
160,184,000 new text end |
new text begin
163,131,000 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 begin
135,658,000 new text end |
new text begin
138,075,000 new text end |
new text begin
Appropriations by Fund new text end |
||
new text begin
General new text end |
new text begin
131,398,000 new text end |
new text begin
133,815,000 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
new text begin Taxpayer Assistance.new text end (a) $400,000 each year
is for the commissioner of revenue to make
grants to one or more nonprofit organizations,
qualifying under section 501(c)(3) 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
28,786,000 new text end |
new text begin
29,316,000 new text end |
Sec. 15. new text begin GAMBLING CONTROL
|
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 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 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 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
|
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 begin
$ new text end |
new text begin
519,000 new text end |
new text begin
$ new text end |
new text begin
525,000 new text end |
Sec. 21. new text begin COUNCIL ON ASIAN-PACIFIC
|
new text begin
$ new text end |
new text begin
510,000 new text end |
new text begin
$ new text end |
new text begin
515,000 new text end |
Sec. 22. new text begin INDIAN AFFAIRS COUNCIL
|
new text begin
$ new text end |
new text begin
853,000 new text end |
new text begin
$ new text end |
new text begin
846,000 new text end |
Sec. 23. 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
22,968,000 new text end |
new text begin
$ new text end |
new text begin
23,518,000 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
22,647,000 new text end |
new text begin
23,197,000 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. 24. 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
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 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. Moving and
relocation expenses are limited to the design
and construction of new leased office space;
moving, installing and reconfiguring
information technology systems and audio
visual equipment; purchasing and installing
work stations; and professional moving
services necessary to complete the relocation.
The board may use no more than $5,000 for
other miscellaneous services, provided that
the services must be directly related to the
office relocation. On June 30, 2020, any
unexpended amounts appropriated for moving
and relocation expenses cancel to the general
fund.
new text end
new text begin Subd. 3. new text end
new text begin
Grants Program
|
new text begin
4,800,000 new text end |
new text begin
4,800,000 new text end |
new text begin Subd. 4. new text end
new text begin
Regional Arts Councils
|
new text begin
2,139,000 new text end |
new text begin
2,139,000 new text end |
new text begin
Any unencumbered balance remaining in this
section the first year does not cancel, but is
available for the second year.
new text end
new text begin
Money appropriated in this section and
distributed as grants may only be spent on
projects located in Minnesota. A recipient of
a grant funded by an appropriation in this
section must not use more than ten percent of
the total grant for costs related to travel outside
the state of Minnesota.
new text end
Sec. 25. new text begin MINNESOTA HUMANITIES
|
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 grants under
Minnesota Statutes, section 138.912. No more
than three percent of the appropriation may
be used for the nonprofit administration of the
program. $325,000 in fiscal year 2022 and
$325,000 in fiscal year 2023 are transferred
and added to the base of the Department of
Agriculture for grants under Minnesota
Statutes, section 138.912.
new text end
Sec. 26. new text begin BOARD OF ACCOUNTANCY
|
new text begin
$ new text end |
new text begin
694,000 new text end |
new text begin
$ new text end |
new text begin
675,000 new text end |
Sec. 27. new text begin BOARD OF ARCHITECTURE
|
new text begin
$ new text end |
new text begin
855,000 new text end |
new text begin
$ new text end |
new text begin
851,000 new text end |
Sec. 28. new text begin BOARD OF COSMETOLOGIST
|
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 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
|
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 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. 32. 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
15,111,000 new text end |
new text begin
$ new text end |
new text begin
15,151,000 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
9,111,000 new text end |
new text begin
9,151,000 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. 33. new text begin PUBLIC EMPLOYEES RETIREMENT
|
new text begin
$ new text end |
new text begin
10,500,000 new text end |
new text begin
$ new text end |
new text begin
15,000,000 new text end |
new text begin
(a) $4,500,000 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 $6,000,000 on September 15,
2019, and $6,000,000 on September 15, 2020.
These amounts are estimated to be needed
under Minnesota Statutes, section 353.505.
new text end
Sec. 34. 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. 35. 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. 36. 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
24,197,000 new text end |
new text begin
$ new text end |
new text begin
24,197,000 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
9,701,000 new text end |
new text begin
9,701,000 new text end |
new text begin Subd. 3. new text end
new text begin
General Support
|
new text begin
3,382,000 new text end |
new text begin
3,382,000 new text end |
new text begin
$258,000 each year is for reintegration
activities. If the amount for fiscal year 2020
is insufficient, the amount for 2021 is available
in fiscal year 2020. Any unencumbered
balance does not cancel at the end of the first
year and is available for the second year.
new text end
new text begin 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, 2023, 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 2020 is
insufficient, the amount for 2021 is available
in fiscal year 2020. Any unencumbered
balance does not cancel at the end of the first
year and is available for the second year.
new text end
Sec. 37. 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
75,941,000 new text end |
new text begin
$ new text end |
new text begin
75,914,000 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
18,180,000 new text end |
new text begin
18,153,000 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)new text begin Veterans Service Organizations.new text end
$353,000 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)new text begin Minnesota Assistance Council for
Veterans.new text end $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. $1,647,000
in the first year and $1,672,000 in the second
year are for the state's veterans cemeteries.
new text end
new text begin
(e)new text begin Honor Guards.new text end $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)new text begin Minnesota GI Bill.new text end $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)new text begin Gold Star Program.new text end $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)new text begin County Veterans Service Office.new text end
$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) Armed Forces Service Center. $100,000
in the first year is for a onetime grant to the
Armed Forces Service Center at the
Minneapolis-St. Paul Airport for construction
costs related to the remodeling of the Armed
Forces Service Center and for refurbishing the
center's furniture and beds used by service
members between connecting flights and while
awaiting ground transportation when traveling
individually or by unit to and from military
duty assignments.
new text end
new text begin
As a condition of issuing this grant, the
commissioner must ensure that the center
provides matching funding for this purpose.
The commissioner must also ensure that no
part of this grant may be spent for salary or
related benefits for any person or for the
operations of the center.
new text end
new text begin
(k) Medal of Honor Memorial. $150,000 in
the first year is for deposit in the Medal of
Honor Memorial account established under
Laws 2016, chapter 189, article 13, section
64, subdivision 2. The commissioner shall use
the amount transferred under this section to
construct the Medal of Honor Commemorative
Memorial. This transfer is not available until
the commissioner of management and budget
determines that an equal amount is committed
from other nonstate sources.
new text end
new text begin Subd. 3. new text end
new text begin
Veterans Health Care
|
new text begin
57,761,000 new text end |
new text begin
57,761,000 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, 2020,
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 utilization 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
Laws 2018, chapter 100, section 1, is amended to read:
$32,299,000 in fiscal year 2018 and deleted text begin $32,105,000deleted text end new text begin $37,105,000new text end in fiscal year 2019 are
appropriated from the general fund to the senate.
new text begin
This section is effective the day following final enactment.
new text end
new text begin
$1,290,000 is appropriated in fiscal year 2019 from the general fund to the secretary of
state for the payment of attorney fees awarded by court order in Minnesota Voters Alliance
v. Mansky. This is a onetime appropriation.
new text end
new text begin
This section is effective the day following final enactment.
new text end
new text begin
(a) $6,595,610 is appropriated in fiscal year 2019 from the HAVA account established
in Minnesota Statutes, section 5.30, to the secretary of state for the purposes of improving
the administration and security of elections as authorized by federal law. Use of the
appropriation is limited to the following activities:
new text end
new text begin
(1) modernizing, securing, and updating the statewide voter registration system and for
cybersecurity upgrades as authorized by federal law;
new text end
new text begin
(2) improving accessibility;
new text end
new text begin
(3) preparing training materials and training local election officials; and
new text end
new text begin
(4) implementing security improvements for election systems.
new text end
new text begin
(b) Any amount earned in interest on the amount appropriated under paragraph (a) is
appropriated from the HAVA account to the secretary of state for purposes of improving
the administration and security of elections as authorized by federal law.
new text end
new text begin
(c) The appropriations under paragraphs (a) and (b) are onetime and available until
March 23, 2023.
new text end
new text begin
(d) $167,000 expended by the secretary of state in fiscal years 2018 and 2019 for
increasing secure access to the statewide voter registration system is deemed:
new text end
new text begin
(1) to be money used for carrying out the purposes authorized under the Omnibus
Appropriations Act of 2018, Public Law 115-1410, and the Help America Vote Act of 2002,
Public Law 107-252, section 101; and
new text end
new text begin
(2) to be credited toward any match required by those laws.
new text end
new text begin
This section is effective the day following final enactment.
new text end
new text begin
(a) $220,000 from the information and telecommunications technology systems and
services account established under Minnesota Statutes, section 16E.21, is canceled to the
general fund by June 29, 2019.
new text end
new text begin
(b) All unspent funds, estimated to be $350,000, to provide grants to the veterans Journey
Home program in fiscal year 2019 under Laws 2017, First Special Session chapter 4, article
1, section 38, subdivision 2, are canceled to the general fund by June 29, 2019.
new text end
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2018, section 3.855, is amended by adding a subdivision
to read:
new text begin
The commissioner of management and budget must
submit to the Legislative Coordinating Commission the following information with the
submission of a collective bargaining agreement or compensation plan under subdivisions
2 and 3:
new text end
new text begin
(1) for each agency and for each proposed agreement or plan, a comparison of biennial
compensation costs under the current agreement or plan to the projected biennial
compensation costs under the proposed agreement or plan, paid with funds appropriated
from the general fund;
new text end
new text begin
(2) for each agency and for each proposed agreement or plan, a comparison of biennial
compensation costs under the current agreement or plan to the projected biennial
compensation costs under the proposed agreement or plan, paid with funds appropriated
from each fund other than the general fund;
new text end
new text begin
(3) for each agency and for each proposed agreement or plan, an identification of the
amount of the additional biennial compensation costs that are attributable to salary and
wages and to the cost of nonsalary and nonwage benefits; and
new text end
new text begin
(4) for each agency, for clauses (1) to (3), the impact of the aggregate of all agreements
and plans being submitted to the commission.
new text end
new text begin
(a) The Legislative Commission on Housing Affordability
consists of:
new text end
new text begin
(1) two senators appointed by the senate majority leader;
new text end
new text begin
(2) two senators appointed by the senate minority leader;
new text end
new text begin
(3) two representatives appointed by the speaker of the house; and
new text end
new text begin
(4) two representatives appointed by the minority leader of the house of representatives.
new text end
new text begin
(b) Each appointing authority must make appointments by January 31 of the regular
legislative session in the odd-numbered year.
new text end
new text begin
The ranking senator from the majority party appointed to the
commission must convene the first meeting of a biennium by February 15 in the
odd-numbered year.
new text end
new text begin
Members of the commission serve for terms beginning upon
appointment and ending at the beginning of the regular legislative session in the next
odd-numbered year. The appropriate appointing authority must fill a vacancy for a seat of
a current legislator for the remainder of the unexpired term.
new text end
new text begin
The commission must elect a chair and may elect other officers as it
determines are necessary at the first meeting of the commission in an odd-numbered year.
The chair alternates between a member of the senate and a member of the house of
representatives at the start of the regular legislative session in each odd-numbered year.
new text end
new text begin
The Legislative Coordinating Commission must provide administrative
and research assistance to the commission.
new text end
new text begin
The commission shall:
new text end
new text begin
(1) define housing affordability and study issues relating to housing affordability and
the construction, preservation, and rehabilitation of owner-occupied and rental housing,
including subsidized housing, existing and future government regulations impacting housing
affordability, market forces impacting housing affordability, and access to homeownership;
new text end
new text begin
(2) review and provide the legislature with research and analysis of emerging issues
affecting housing affordability and homeownership access, including but not limited to
construction work force, innovation, building practices, and building material costs;
new text end
new text begin
(3) review and provide the legislature with research and analysis of policies to reduce
the homeownership equity gap; and
new text end
new text begin
(4) review and make recommendations on legislative and rulemaking proposals positively
impacting personal housing affordability, access to homeownership, and other related barriers
to homeownership, especially with regard to first-time homebuyers and economically
disadvantaged buyers and renters.
new text end
new text begin
This section expires June 30, 2023.
new text end
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2018, section 3.97, subdivision 3a, is amended to read:
deleted text begin (a)deleted text end The commission shall periodically select topics for the
legislative auditor to evaluate. Topics may include any agency, program, or activity
established by law to achieve a state purpose, or any topic that affects the operation of state
governmentdeleted text begin , butdeleted text end new text begin .new text end The commission shall give primary consideration to topics that are likely,
upon examination, to produce recommendations for cost savings, increased productivity,
or the elimination of duplication among public agencies.new text begin The commission shall also give
consideration to programs and statutory provisions that authorize grants, tax incentives, and
other inducements for economic development.new text end Legislators and legislative committees may
suggest topics for evaluation, but the legislative auditor shall only conduct evaluations
approved by the commission.
deleted text begin
(b) The commission is requested to direct the auditor, in response to a suggestion from
an individual legislator of an evaluation topic, to estimate the scope of the proposed
evaluation and the time required to complete it. The estimate must be reported to the legislator
who submitted the suggestion and to the commission. The commission must determine
deleted text end
deleted text begin
within 60 days of receiving the estimate whether to proceed with the suggested evaluation
and must convey its decision to the legislator along with the reasons for its decision.
deleted text end
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2018, section 3.971, subdivision 9, is amended to read:
The chief executive, financial,
or information officers of an organization subject to audit under this section must promptly
notify the legislative auditor when the officer obtains information indicating that public
money or other public resources may have been used for an unlawful purpose, or when the
officer obtains information indicating that government data classified by chapter 13 as not
public may have been accessed deleted text begin or used unlawfullydeleted text end new text begin by or provided to a person without lawful
authorizationnew text end . As necessary, the legislative auditor shall coordinate an investigation of the
allegation with appropriate law enforcement officials.
new text begin
This section is effective the day following final enactment.
new text end
new text begin
The secretary of state shall maintain a list of e-mail addresses of people who have
requested to be notified when an executive order is filed with the secretary of state. The
secretary of state shall notify people on the list by e-mail within seven days of the filing of
an executive order.
new text end
new text begin
May 14 of each year is designated as Hmong Special Guerilla Units Remembrance Day
in honor of Southeast Asians, Americans, and their allies who served, suffered, sacrificed,
or died in the Secret War in Laos during the Vietnam War in the years 1961 to 1975 in
support of the armed forces of the United States, and in recognition of the significance of
May 14, 1975, the last day that the overall American-trained Hmong command structure
over the Special Guerrilla Units in Laos was operational. At least 35,000 Hmong Special
Guerrilla soldiers lost their lives protecting trapped, lost, or captured American soldiers and
pilots in Laos and Vietnam. One-half of the Hmong population in Laos perished as a result
of the American Secret War in Laos. Ethnic Hmong men, women, and children in Laos
faced persecution and forced reeducation in seminar camps after their American support
ended. Despite the tremendous cost and sacrifices in the war, the Hmong remain proud to
stand by the values of freedom and justice that America symbolizes. Those who survived
escaped to western countries to start a new life. Each year, the governor shall issue a
proclamation honoring the observance.
new text end
Minnesota Statutes 2018, section 13.599, is amended by adding a subdivision to
read:
new text begin
Notwithstanding subdivision 3, responses submitted by a
grantee to the State Arts Board or to a regional arts council under chapter 129D become
public data at the public review meeting at which they are considered, except for trade secret
data as defined and classified in section 13.37.
new text end
Minnesota Statutes 2018, section 15A.083, subdivision 6a, is amended to read:
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 93.60deleted text end new text begin
100new text end percent of the salary of a deleted text begin chiefdeleted 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.
new text begin
This section is effective July 1, 2019.
new text end
Minnesota Statutes 2018, section 16C.055, subdivision 2, is amended to read:
An agency may not enter into a contract or otherwise agree with
a nongovernmental entity to receive total nonmonetary consideration valued at more than
$100,000 annually in exchange for the agency providing nonmonetary consideration, unless
such an agreement is specifically authorized by law. This subdivision does not apply to the
State Lotterynew text begin , optical fiber owned by the state as of July 1, 2019,new text end or private aquaculture
businesses involved in state stocking contracts.
Minnesota Statutes 2018, section 43A.10, is amended by adding a subdivision to
read:
new text begin
(a) The commissioner, and any applicable appointing
authority, must ensure that all hiring for classified positions identified as managerial under
section 43A.18, subdivision 3, is conducted through a fair and open process where all
candidates who meet the minimum qualifications for the position are considered. For
classified management positions filled through a competitive selection process, under no
circumstances may:
new text end
new text begin
(1) the job requirements be altered to fit a particular candidate prior to the posting of a
position; or
new text end
new text begin
(2) internal documents identify a particular candidate as the future holder of a position
prior to their official hiring.
new text end
new text begin
(b) Notice of a vacant position subject to this section must be posted, and applications
must be accepted, for a period of no fewer than 21 days before the position is filled. Upon
request of an appointing authority, the commissioner may waive the requirements of this
paragraph. Notice of a waiver must be published in the State Register no more than 14 days
after the waiver is granted. The notice must describe the reason for the waiver.
new text end
new text begin
(c) This subdivision does not apply to positions subject to more specific appointment
procedures under section 43A.15 or other applicable law, and does not restrict the authority
of the commissioner to limit or remove an applicant from consideration under subdivision
6a or 6b.
new text end
Minnesota Statutes 2018, section 43A.15, subdivision 14, is amended to read:
new text begin (a) new text end The commissioner
shall establish qualifying procedures for applicants whose disabilities are of such a deleted text begin severedeleted text end new text begin
significantnew text end nature that the applicants are unable to demonstrate their abilities in the selection
process. The qualifying procedures must consist of up to 700 hours on-the-job trial work
experience deleted text begin for which the disabled person has the option of being paid or unpaiddeleted text end . Up to three
persons with deleted text begin severedeleted text end new text begin significantnew text end disabilities and their job coach may be allowed to demonstrate
their job competence as a unit through the on-the-job trial work experience selection
procedure. This on-the-job demonstration process must be limited to applicants for whom
there is no reasonable accommodation in the selection process.
new text begin (b) new text end The commissioner may authorize the probationary appointment of an applicant based
on the request of the appointing authority that documents that the applicant has successfully
demonstrated qualifications for the position through completion of an on-the-job trial work
experience. The implementation of this subdivision may not be deemed a violation of chapter
43A or 363A.
Minnesota Statutes 2018, section 43A.191, subdivision 2, is amended to read:
(a) The head of each agency in the executive
branch shall prepare and implement an agency affirmative action plan consistent with this
section and rules issued under section 43A.04, subdivision 3.
(b) The agency plan must include a plan for the provision of reasonable accommodation
in the hiring and promotion of qualified disabled persons. The reasonable accommodation
plan must consist of at least the following:
(1) procedures for compliance with sectionsnew text begin 16E.03, subdivision 9,new text end 363A.08 to 363A.19,
and 363A.28, subdivision 10, and, where appropriate, regulations implementing United
States Code, title 29, section 794, as amended through December 31, 1984, which is section
504 of the Rehabilitation Act of 1973, as amended and the Americans with Disabilities Act,
United States Code, title 42, sections 101 to 108, 201 to 231, 241 to 246, 401, 402, and 501
to 514;
(2) methods and procedures for providing reasonable accommodation for disabled job
applicants, current employees, and employees seeking promotion; deleted text begin and
deleted text end
(3) provisions for funding reasonable accommodationsdeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(4) the number of requests made, the number of requests approved, and the number of
requests reimbursed from the state accommodation account under section 16B.4805.
new text end
(c) The agency plan must be prepared by the agency head with the assistance of the
agency affirmative action officer and the director of diversity and equal employment
opportunity. The new text begin agency may consult with the new text end Council on Disability deleted text begin shall provide assistance
with the agency reasonable accommodation plandeleted text end new text begin , vocational rehabilitation services, state
services for the blind, and other disability experts to review and make recommendations on
recruitment and retention of people with disabilitiesnew text end .
(d) The agency plan must identify any positions in the agency that can be used for
supported employment as defined in section 268A.01, subdivision 13, of persons with severe
disabilities. The agency shall report this information to the commissioner. An agency that
hires more than one supported worker in the identified positions must receive recognition
for each supported worker toward meeting the agency's affirmative action goals and
objectives.
(e) An agency affirmative action plan may not be implemented without the
commissioner's approval.
Minnesota Statutes 2018, section 43A.191, subdivision 3, is amended to read:
(a) The commissioner shall annually audit
the record of each agency to determine the rate of compliance with affirmative action
requirements.
(b) By March 1 of each odd-numbered year, the commissioner shall submit a report on
affirmative action progress of each agency and the state as a whole to the governor and to
the Finance Committee of the senate, the Ways and Means Committee of the house of
representatives, the Governmental Operations Committees of both houses of the legislature,
and the Legislative Coordinating Commission. The report must include noncompetitive
appointments made under section 43A.08, subdivision 2a, or 43A.15, subdivisions 3 to 7,
10, and 12, and cover each agency's rate of compliance with affirmative action requirements.
(c) An agency that does not meet its hiring goals must justify its nonaffirmative action
hires in competitive new text begin appointmentsnew text end and noncompetitive appointments new text begin made under section
43A.08, subdivisions 1, clauses (9), (11), and (16), and 2a; and section 43A.15, subdivisions
3, 10, 12, and 13,new text end according to criteria issued by the Department of Management and Budget.
deleted text begin "Missed opportunity" includes failure to justify a nonaffirmative action hire. An agency
must have 25 percent or less missed opportunities in competitive appointments and 25
percent or less missed opportunities in appointments made under sections 43A.08,
subdivisions 1, clauses (9), (11), and (16); and 2a; and 43A.15, subdivisions 3, 10, 12, and
13.deleted text end In addition, an agency shall:
(1) demonstrate a good faith effort to recruit protected group members by following an
active recruitment plan;
(2) implement a coordinated retention plan; and
(3) have an established complaint resolution procedure.
(d) The commissioner shall develop reporting standards and procedures for measuring
compliance.
(e) An agency is encouraged to develop other innovative ways to promote awareness,
acceptance, and appreciation for diversity and affirmative action. These innovations will
be considered when evaluating an agency's compliance with this section.
(f) An agency not in compliance with affirmative action requirements of this section
must identify methods and programs to improve performance, to reallocate resources
internally in order to increase support for affirmative action programs, and to submit program
and resource reallocation proposals to the commissioner for approval. An agency must
submit these proposals within 120 days of being notified by the commissioner that it is out
of compliance with affirmative action requirements. The commissioner shall monitor
quarterly the affirmative action programs of an agency found to be out of compliance.
(g) The commissioner shall establish a program to recognize an agency that has made
significant and measurable progress in implementing an affirmative action plan.
new text begin
(h) The commissioner must maintain and make available, on an annual basis, summary
data as defined in section 13.02, subdivision 19, on the percentage of members of each
protected group as defined in section 43A.02, subdivision 33, that were hired in the executive
branch in each of the federal Equal Employment Opportunity (EEO) occupational categories
applicable to state employment. Nothing in this provision, however, shall require any person
to disclose their protected group status, nor shall it require the commissioner or any
appointing authority to determine the protected group status of any person.
new text end
Minnesota Statutes 2018, section 155A.25, subdivision 1a, is amended to read:
(a) The schedule for fees and penalties is as provided in this
subdivision.
(b) Three-year license fees are as follows:
(1) $195 initial practitioner, manager, or instructor license, divided as follows:
(i) $155 for each initial license; and
(ii) $40 for each initial license application fee;
(2) $115 renewal of practitioner license, divided as follows:
(i) $100 for each renewal license; and
(ii) $15 for each renewal application fee;
(3) $145 renewal of manager or instructor license, divided as follows:
(i) $130 for each renewal license; and
(ii) $15 for each renewal application fee;
(4) $350 initial salon license, divided as follows:
(i) $250 for each initial license; and
(ii) $100 for each initial license application fee;
(5) $225 renewal of salon license, divided as follows:
(i) $175 for each renewal; and
(ii) $50 for each renewal application fee;
(6) $4,000 initial school license, divided as follows:
(i) $3,000 for each initial license; and
(ii) $1,000 for each initial license application fee; and
(7) $2,500 renewal of school license, divided as follows:
(i) $2,000 for each renewal; and
(ii) $500 for each renewal application fee.
(c) Penalties may be assessed in amounts up to the following:
(1) reinspection fee, $150;
(2) manager and owner with expired practitioner found on inspection, $150 each;
(3) expired practitioner or instructor found on inspection, $200;
(4) expired salon found on inspection, $500;
(5) expired school found on inspection, $1,000;
(6) failure to display current license, $100;
(7) failure to dispose of single-use equipment, implements, or materials as provided
under section 155A.355, subdivision 1, $500;
(8) use of prohibited razor-type callus shavers, rasps, or graters under section 155A.355,
subdivision 2, $500;
(9) performing nail or cosmetology services in esthetician salon, or performing esthetician
or cosmetology services in a nail salon, $500;
(10) owner and manager allowing an operator to work as an independent contractor,
$200;
(11) operator working as an independent contractor, $100;
(12) refusal or failure to cooperate with an inspection, $500;
(13) practitioner late renewal fee, $45; and
(14) salon or school late renewal fee, $50.
(d) Administrative fees are as follows:
(1) homebound service permit, $50 three-year fee;
(2) name change, $20;
(3) certification of licensure, $30 each;
(4) duplicate license, $20;
(5) special event permit, $75 per year;
deleted text begin
(6) registration of hair braiders, $20 per year;
deleted text end
deleted text begin (7)deleted text end new text begin (6)new text end $100 for each temporary military license for a cosmetologist, nail technician,
esthetician, or advanced practice esthetician one-year fee;
deleted text begin (8)deleted text end new text begin (7)new text end expedited initial individual license, $150;
deleted text begin (9)deleted text end new text begin (8)new text end expedited initial salon license, $300;
deleted text begin (10)deleted text end new text begin (9)new text end instructor continuing education provider approval, $150 each year; and
deleted text begin (11)deleted text end new text begin (10)new text end practitioner continuing education provider approval, $150 each year.
Minnesota Statutes 2018, section 155A.28, is amended by adding a subdivision
to read:
new text begin
The practice of hair braiding is exempt from the
requirements of this chapter.
new text end
Minnesota Statutes 2018, section 240A.09, is amended to read:
The Minnesota Amateur Sports Commission shall develop a plan to promote the
development of proposals for new statewide public ice facilities including proposals for ice
centers and matching grants based on the criteria in this section.
(a) For ice center proposals, the commission will give priority to proposals that come
from more than one local government unit. Institutions of higher education are not eligible
to receive a grant.
(b) The commission must give priority to grant applications for indoor air quality
improvements and projects that eliminate R-22. For purposes of this section:
(1) "indoor air quality improvements" means: (i) renovation or replacement of heating,
ventilating, and air conditioning systems in existing indoor ice arenas whose ice resurfacing
and ice edging equipment are not powered by electricity in order to reduce concentrations
of carbon monoxide and nitrogen dioxide; and (ii) acquisition of zero-emission ice resurfacing
and ice edging equipment. The new or renovated systems may include continuous electronic
air monitoring devices to automatically activate the ventilation systems when the
concentration of carbon monoxide or nitrogen dioxide reaches a predetermined level; and
(2) "projects that eliminate R-22," means replacement of ice-making systems in existing
public facilities that use R-22 as a refrigerant, with systems that use alternative
non-ozone-depleting refrigerants.
(c) In the metropolitan area as defined in section 473.121, subdivision 2, the commission
is encouraged to give priority to the following proposals:
(1) proposals for construction of two or more ice sheets in a single new facility;
(2) proposals for construction of an additional sheet of ice at an existing ice center;
(3) proposals for construction of a new, single sheet of ice as part of a sports complex
with multiple sports facilities; and
(4) proposals for construction of a new, single sheet of ice that will be expanded to a
two-sheet facility in the future.
(d) The commission shall administer a site selection process for the ice centers. The
commission shall invite proposals from cities or counties or consortia of cities. A proposal
for an ice center must include matching contributions including in-kind contributions of
land, access roadways and access roadway improvements, and necessary utility services,
landscaping, and parking.
(e) Proposals for ice centers and matching grants must provide for meeting the demand
for ice time for female groups by offering up to 50 percent of prime ice time, as needed, to
female groups. For purposes of this section, prime ice time means the hours of 4:00 p.m.
to 10:00 p.m. Monday to Friday and 9:00 a.m. to 8:00 p.m. on Saturdays and Sundays.
(f) The location for all proposed facilities must be in areas of maximum demonstrated
interest and must maximize accessibility to an arterial highway.
(g) To the extent possible, all proposed facilities must be dispersed equitably, must be
located to maximize potential for full utilization and profitable operation, and must
accommodate noncompetitive family and community skating for all ages.
(h) The commission may also use the money to upgrade current facilities, purchase girls'
ice time, or conduct amateur women's hockey and other ice sport tournaments.
(i) To the extent possible, 50 percent of all grants must be awarded to communities in
greater Minnesota.
(j) To the extent possible, technical assistance shall be provided to Minnesota
communities by the commission on ice arena planning, design, and operation, including the
marketing of ice time and on projects described in paragraph (b).
(k) A grant for new facilities may not exceed $250,000.
(l) The commission may make grants for rehabilitation and renovation. A rehabilitation
or renovation grant for air quality may not exceed $200,000 and a rehabilitation or renovation
grant for R-22 elimination may not exceed deleted text begin $50,000deleted text end new text begin $250,000new text end for indirect cooling systems
and may not exceed deleted text begin $400,000deleted text end new text begin $500,000new text end for direct cooling systems. Priority must be given
to grant applications for indoor air quality improvements, including zero emission ice
resurfacing equipment, and for projects that eliminate R-22.
(m) Grant money may be used for ice centers designed for sports other than hockey.
(n) Grant money may be used to upgrade existing facilities to comply with the bleacher
safety requirements of section 326B.112.
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2018, section 375.08, is amended to read:
When a vacancy occurs in the office ofnew text begin an electednew text end county auditor, county treasurer,
county recorder, sheriff, county attorney, county surveyor, or coroner, the county board
shall fill it by appointment. For that purpose it shall meet at the usual place of meeting, upon
one day's notice from the chair or clerk, which shall be served personally upon each member
in the same manner as a district court summons. The person appointed shall give the bond
and take the oath required by law, and serve the remainder of the term, and until a successor
qualifies. When a vacancy occurs in an office that has a chief deputy or first assistant, the
chief deputy or first assistant may perform all the duties and functions of the office until it
is filled by appointment by the county board.
Minnesota Statutes 2018, section 375A.10, subdivision 5, is amended to read:
In any county exercising the option provided in subdivision
2, clause (c), the office shall be known thereafter as the office of auditor-treasurer, if the
office is to remain elective. If the board chooses to make the office of auditor-treasurer
elective, and not require a referendum, it must act with the concurrence of new text begin at leastnew text end 80 percent
of its members.
In the exercise of this option, the county board shall direct which of the offices of auditor
or treasurer shall be terminated for the purpose of providing for the election to the single
office of auditor-treasurer. The duties, functions and responsibilities which have been
heretofore and which shall hereafter be required by statute to be performed by the county
auditor and the county treasurer shall be vested in and performed by the auditor-treasurer
without diminishing, prohibiting or avoiding those specific duties required by statute to be
performed by the county auditor and the county treasurer.
Nothing in this subdivision shall preclude the county from exercising the option to make
the combined office of auditor-treasurer appointive as if it had been specifically enumerated
in subdivision 2. If the combined office is to be appointive, a referendum under section
375A.12 shall be necessarynew text begin , except as provided by section 375A.1205new text end .
If the combined office is to be elective, a referendum under section 375A.12 shall be
necessary if:
(a) the county board requires a referendum; or
(b) a referendum is required by a petition of a number of voters equal to ten percent of
those voting in the county at the last general election that is received by the county auditor
within 30 days after the second publication of the board resolution that orders the
combination.
The persons last elected to the positions of auditor and treasurer before adoption of the
resolution shall serve in those offices and perform the duties of those offices until the
completion of the terms to which they were elected.
Minnesota Statutes 2018, section 375A.12, subdivision 2, is amended to read:
new text begin Except as provided in section 375A.1205 or by
special law, new text end the options provided in sections 375A.01 to 375A.10 shall be adopted in any
county only after an affirmative vote of the voters in the county on the question of the
adoption of the option. Except as provided in section 375A.01, only one such plan may be
submitted at any one election.
new text begin
A county board may appoint the
county auditor, county treasurer, or county recorder under section 375A.10, subdivision 2,
or the auditor-treasurer under section 375A.10, subdivision 5, by following the process
outlined in this section. Notwithstanding section 375A.12, a referendum is not required if
the appointment is made pursuant to this section. A county board shall only use the authority
to appoint under the following circumstances:
new text end
new text begin
(1) there is a vacancy in the office as provided in section 351.02;
new text end
new text begin
(2) the current office holder has notified the county board that the officer will not file
for the office, as provided in subdivision 2; or
new text end
new text begin
(3) there is a signed contract with the county board and the incumbent auditor, treasurer,
auditor-treasurer, or recorder that provides that the incumbent officer will be appointed to
the position and retain tenure, pay, and benefits equal to or greater than length of service.
new text end
new text begin
At least 104 days before the filing date for
office under section 204B.09, an elected county officer must notify the county board in
writing whether the officer will be filing for another term. If the officer indicates in writing
that the officer will not file for the office and the county board has passed a resolution under
subdivision 6, affidavits of candidacy will not be accepted for that office, and the office
will not be placed on the ballot.
new text end
new text begin
Upon adoption of a
resolution by the county board of commissioners and subject to subdivisions 5 and 6, the
duties of an elected official required by statute whose office is made appointive as authorized
by this section must be discharged by the county board of commissioners acting through a
department head appointed by the board for that purpose. Reorganization, reallocation,
delegation, or other administrative change or transfer does not diminish, prohibit, or avoid
the discharge of duties required by statute.
new text end
new text begin
(a) A county auditor, county treasurer, county
auditor-treasurer, or county recorder who was elected at the most recent election for that
office prior to a county board resolution to make the office an appointed position, and the
elected official is subsequently appointed by the county board to the office, may not be
involuntarily demoted or discharged except for incompetency or misconduct.
new text end
new text begin
(b) Prior to demoting or discharging an office holder under this subdivision, the board
must notify the office holder in writing and state its grounds for the proposed demotion or
discharge in reasonable detail. Within ten days after receipt of this notification, the office
holder may make a written request for a hearing before an arbitrator and the request must
be granted before final action is taken. Failure to request a hearing before an arbitrator
during this period is considered acquiescence to the board's action. The board may suspend
an office holder with pay pending the conclusion of the hearing and determination of the
issues raised in the hearing after charges have been filed which constitute grounds for
demotion or discharge. If an office holder has been charged with a felony and the underlying
conduct that is the subject of the felony charge is grounds for a proposed discharge, the
suspension pending the conclusion of the hearing and determination of the issues may be
without pay. If a hearing under this subdivision is held, the board must reimburse the office
holder for any salary or compensation withheld if the final decision of the arbitrator does
not result in a penalty or discharge of the office holder.
new text end
new text begin
(c) If the office holder and the board are unable to mutually agree on an arbitrator, the
board must request from the Bureau of Mediation Services a list of seven persons qualified
to serve as an arbitrator. If the office holder and the board are unable to mutually agree on
an arbitrator from the list provided, the parties shall alternately strike names from the list
until the name of one arbitrator remains. The person remaining after the striking procedure
must be the arbitrator. If the parties are unable to agree on who shall strike the first name,
the question must be decided by a flip of a coin. The office holder and the board must share
equally the costs and fees of the arbitrator except as set forth in paragraph (g).
new text end
new text begin
(d) The arbitrator shall determine, by a preponderance of the evidence, whether the
grounds for discharge or demotion exist to support the proposed discharge or demotion. A
lesser penalty than demotion or discharge may be imposed by the arbitrator only to the
extent that either party proposes such lesser penalty in the proceeding. In making the
determination, the arbitration proceeding is governed by sections 572B.15 to 572B.28.
new text end
new text begin
(e) An arbitration hearing conducted under this subdivision is a meeting for preliminary
consideration of allegations or charges within the meaning of section 13D.05, subdivision
3, paragraph (a), and must be closed, unless the office holder requests it to be open.
new text end
new text begin
(f) The arbitrator's award is final and binding on the parties, subject to sections 572B.18
to 572B.28.
new text end
new text begin
(g) In the event the arbitrator rules not to demote or discharge the office holder, the
board shall pay all of the costs and fees of the arbitrator and the attorney fees of the office
holder.
new text end
new text begin
The person elected at the last general election
to an office made appointive under this section must serve in that capacity and perform the
duties, functions, and responsibilities required by statute until the completion of the term
of office to which the person was elected, or until a vacancy occurs in the office, whichever
occurs earlier.
new text end
new text begin
(a) Before the adoption of the
resolution to provide for the appointment of an office as described in subdivision 1, the
county board must publish a proposed resolution notifying the public of its intent to consider
the issue once each week, for two consecutive weeks, in the official publication of the
county. Following publication and prior to formally adopting the resolution, the county
board shall provide an opportunity at its next regular meeting for public comment relating
to the issue. After the public comment opportunity, at the same meeting or a subsequent
meeting, the county board of commissioners may adopt a resolution that provides for the
appointment of the office or offices as permitted in this section. The resolution must be
approved by at least 80 percent of the members of the county board. The resolution may
take effect 30 days after it is adopted, or at a later date stated in the resolution, unless a
petition is filed as provided in paragraph (b).
new text end
new text begin
(b) Except when an office is made appointive under subdivision 1, clause (3), within 30
days after the county board adopts the resolution, a petition requesting a referendum may
be filed with the county auditor. The petition must be signed by at least ten percent of the
registered voters of the county. The petition must meet the requirements of the secretary of
state, as provided in section 204B.071, and any rules adopted to implement that section. If
the petition is sufficient, the county board resolution is rescinded.
new text end
new text begin
(a) The county board may adopt a resolution to
provide for the election of an office that was made an appointed position under this section,
but not until at least three years after the office was made an appointed position. The county
board must publish a proposed resolution notifying the public of its intent to consider the
issue once each week, for two consecutive weeks, in the official publication of the county.
Following publication and before formally adopting the resolution, the county board must
provide an opportunity at its next regular meeting for public comment relating to the issue.
After the public comment opportunity, at the same meeting or a subsequent meeting, the
county board of commissioners may adopt the resolution. The resolution must be approved
by at least 60 percent of the members of the county board and is effective August 1 following
adoption of the resolution.
new text end
new text begin
(b) The question of whether an office that was made an appointed position under this
section must be made an elected office must be placed on the ballot at the next general
election if (1) the position has been an appointed position for at least three years; (2) a
petition signed by at least ten percent of the registered voters of the county is filed with the
office of the county auditor by August 1 of the year in which the general election is held;
and (3) the petition meets the requirements of the secretary of state, as provided in section
204B.071, and any rules adopted to implement that section. If a majority of the voters of
the county voting on the question vote in favor of making the office an elected position, the
election for that office must be held at the next regular or special election.
new text end
Minnesota Statutes 2018, section 382.01, is amended to read:
In every county in this state there shall be elected at the general election in 1918 a county
auditor, a county treasurer, sheriff, county recorder, county attorney, and coroner.
The terms of office of these officers shall be four years and shall begin on the first
Monday in January next succeeding their election. They shall hold office until their successors
are elected and qualified. new text begin Each of new text end these offices deleted text begin shalldeleted text end new text begin mustnew text end be filled by election every four
years thereafternew text begin , unless an office is consolidated with another county office or made
appointive under chapter 375A or other general or special lawnew text end .
Minnesota Statutes 2018, section 382.02, is amended to read:
Any appointment made to fill a vacancy in any of the offices named in section 382.01
new text begin that has not been made appointive under chapter 375A or other general or special law new text end shall
be for the balance of such entire term, and be made by the county board.
new text begin
(a) Appointing authorities for the Legislative Commission on Housing Affordability
under Minnesota Statutes, section 3.8845, must make initial appointments by June 1, 2019,
to serve a term ending in January 2021.
new text end
new text begin
(b) The speaker of the house must designate one member of the commission to convene
the first meeting of the commission by June 15, 2019. A member of the house of
representatives shall serve as the first chair of the commission. A member of the senate
shall serve as chair of the commission beginning in January 2021.
new text end
new text begin
(a) A task force on state employment and retention of
employees consists of the following ten members:
new text end
new text begin
(1) a person serving on the Commission of the Deaf, Deafblind and Hard-of-Hearing,
appointed by the executive director of the commission;
new text end
new text begin
(2) a person serving on the governor's Council on Developmental Disabilities, appointed
by the executive director;
new text end
new text begin
(3) a person employed by the vocational rehabilitation services from within the
Department of Employment and Economic Development, appointed by the director of
vocational rehabilitation services;
new text end
new text begin
(4) an employee of the State Services for the Blind from within the Department of
Employment and Economic Development, appointed by the director of the State Services
for the Blind;
new text end
new text begin
(5) a person serving on the Minnesota Council on Disability, appointed by the executive
director of the council;
new text end
new text begin
(6) an employee of the Office of Ombudsman for Mental Health and Developmental
Disabilities, appointed by the ombudsman;
new text end
new text begin
(7) an employee of the Olmstead Implementation Office with the Minnesota Housing
Finance Agency, appointed by the executive director of the office;
new text end
new text begin
(8) an employee of the MN.IT Office of Accessibility, appointed by the chief information
officer;
new text end
new text begin
(9) a representative of A System of Technology to Achieve Results who is an employee
of the Department of Administration, appointed by the commissioner of administration;
and
new text end
new text begin
(10) an employee of Minnesota Management and Budget, appointed by the commissioner
of management and budget.
new text end
new text begin
(b) Appointing authorities must make their appointments by July 31, 2019.
new text end
new text begin
The governor shall appoint a chair
of the task force, who shall convene the first meeting by September 30, 2019.
new text end
new text begin
The task force must submit a report to the chairs and ranking
minority members of the committees in the house of representatives and the senate with
jurisdiction over state government finance and policy, the chairs and ranking minority
members of the Finance Committee in the senate and the Committee on Ways and Means
in the house of representatives, and to the commissioner of management and budget on
strategies for attracting and retaining state employees with disabilities. The report must
include a proposal for any legislation necessary to implement recommendations of the task
force. The report must be submitted by January 15, 2021.
new text end
new text begin
The commissioner of management and budget shall provide
administrative support and meeting space to the task force.
new text end
new text begin
The meetings of the task force are subject to Minnesota Statutes,
chapter 13D.
new text end
new text begin
Members may be compensated and reimbursed for expenses
as provided in Minnesota Statutes, section 15.059.
new text end
new text begin
This section expires after the task force submits the report, as required
in subdivision 3, or February 16, 2021, whichever is later.
new text end
new text begin
(a)
The commissioner of administration must, in collaboration with the Minnesota Census 2020
Mobilization Partnership, facilitate the administration of a census mobilization program.
The purpose of the program must be to increase the participation of Minnesotans in the
2020 United States Census by implementing the outreach and mobilization activities
described in subdivisions 2 to 5.
new text end
new text begin
(b) At least 45 percent of any appropriation provided to the commissioner for the program
required by this section must be allocated for a grant to the Minnesota Council on
Foundations. The Minnesota Council on Foundations must use the grant to issue subgrants
of up to $5,000 to the identified fiscal hosts of any Minnesota-based complete count
committees. To be eligible for a subgrant, a complete count committee must be registered
with the United States Census Bureau and be a tribal nation, political subdivision, nonpartisan
nonprofit community organization, or public or private college or university engaged in
census mobilization work in Minnesota. The commissioner must advance up to 50 percent
of the grant and the Minnesota Council on Foundations may advance all or a portion of a
subgrant awarded under this section. Any appropriations not allocated for grants may be
used by the commissioner to further implement the outreach and mobilization activities
described in subdivisions 2 to 5 by contract or by directing the work of the office of the
state demographer.
new text end
new text begin
(c) The commissioner of administration may waive application of all or any portion of
Minnesota Statutes, sections 16B.97 to 16B.991, in awarding grants; Minnesota Statutes,
chapter 16C, in entering contracts; and Minnesota Statutes, chapter 16E, in purchasing
technology systems and software under this section to facilitate the timely distribution of
funds and to maximize the impact of the outreach and mobilization activities.
Notwithstanding the waivers authorized by this paragraph, the commissioner may not waive
application of policies or procedures designed to ensure diversity and the inclusion of
traditionally underrepresented groups among grant recipients and contract vendors.
new text end
new text begin
(d) The commissioner must contract with Community Connection Labs to purchase
communication and technical tools designed to support census outreach efforts. If the
commissioner is unable to enter this contract, the commissioner may contract with another
vendor or vendors offering comparable products and tools, or may award grants to support
the purchase of comparable communication and technology tools.
new text end
new text begin
The census mobilization partnership
program must support:
new text end
new text begin
(1) initiatives to increase census response rates among households outside of the
11-county metropolitan area who receive mail through a post office box; and
new text end
new text begin
(2) initiatives to increase awareness among census employees, multiunit apartment
managers and owners, and renters on the laws governing access to multiunit apartment
buildings by census employees.
new text end
new text begin
The census mobilization partnership program
must support:
new text end
new text begin
(1) opportunities for Minnesotans to submit their census response electronically through
online portals provided in common gathering spaces within a community; and
new text end
new text begin
(2) commit-to-the-census initiatives that organize Minnesotans to commit to participate
in the census and include electronic reminders to facilitate their participation.
new text end
new text begin
The census mobilization
partnership program must support:
new text end
new text begin
(1) job sourcing initiatives that encourage a sufficient pool of qualified candidates to
apply for positions with the Census Bureau, and efforts to ensure that the pool of candidates
reflects the diversity of Minnesota's communities, including those communities historically
undercounted in census reports; and
new text end
new text begin
(2) initiatives that engage historically undercounted communities and reduce census
participation gaps in these communities compared to Minnesota's historically high overall
census response rate.
new text end
new text begin
The census mobilization partnership program must support
efficiency in census mobilization efforts by providing shared services to support local and
community census outreach, including development of multilingual educational and
promotional materials and tools to reach respondents through a variety of communication
platforms and services.
new text end
new text begin
This section is effective the day following final enactment.
new text end
new text begin
The labor agreement between
the state of Minnesota and the Minnesota Law Enforcement Association, submitted to the
Legislative Coordinating Commission Subcommittee on Employee Relations on April 5,
2019, is ratified.
new text end
new text begin
The salary
administration plan for the Minnesota State Board of Investment, submitted to the Legislative
Coordinating Commission Subcommittee on Employee Relations on February 7, 2019, is
ratified.
new text end
new text begin
This section is effective the day following final enactment.
new text end
new text begin
Minnesota Statutes 2018, section 155A.28, subdivisions
1, 3, and 4,
new text end
new text begin
are repealed.
new text end
new text begin
Minnesota Statutes 2018, section 3.9735,
new text end
new text begin
is repealed
effective the day following final enactment.
new text end
Minnesota Statutes 2018, section 15.191, subdivision 1, is amended to read:
Imprest cash funds for the purpose of making
minor disbursements, providing for change, and providing employees with travel advances
or a portion or all of their payroll deleted text begin warrantdeleted text end where the deleted text begin warrantdeleted text end new text begin paymentnew text end has not been received
through the payroll system, may be established by state departments or agencies from
existing appropriations in the manner prescribed by this section.
Minnesota Statutes 2018, section 15.191, subdivision 3, is amended to read:
Imprest cash funds
established under this section shall be created by deleted text begin warrant drawndeleted text end new text begin payment issuednew text end against the
appropriation designated by the commissioner of management and budget.
Minnesota Statutes 2018, section 16A.065, is amended to read:
Notwithstanding section 16A.41, subdivision 1, the commissioner may allow an agency
to make advance deposits or payments for software or software maintenance services for
state-owned or leased electronic data processing equipment, for information technology
hosting services, for sole source maintenance agreements where it is not cost-effective to
pay in arrears, for exhibit booth space or boat slip rental when required by the renter to
guarantee the availability of space, for registration fees where advance payment is required
or advance payment discount is provided, deleted text begin anddeleted text end for newspaper, magazine, and other
subscription feesnew text begin , and other costs where advance payment discount is provided or arenew text end
customarily paid for in advance. The commissioner may also allow advance deposits by
any department with the Library of Congress and federal Supervisor of Documents for items
to be purchased from those federal agencies.
Minnesota Statutes 2018, section 16A.13, subdivision 2a, is amended to read:
The commissioner shall see that the deduction for the withheld
tax is made from an employee's pay on the payroll abstract. The commissioner shall approve
one deleted text begin warrant payabledeleted text end new text begin paymentnew text end to the commissioner for the total amount deducted on the
abstract. Deductions from the pay of an employee paid direct by an agency shall be made
by the employee's payroll authority. A later deduction must correct an error made on an
earlier deduction. The paying authority shall see that a deleted text begin warrant or checkdeleted text end new text begin paymentnew text end for the
deductions is promptly sent to the commissioner. The commissioner shall deposit the amount
of the deleted text begin warrant or checkdeleted text end new text begin paymentnew text end to the credit of the proper federal authority or other person
authorized by federal law to receive it.
Minnesota Statutes 2018, section 16A.15, subdivision 3, is amended to read:
(a) A payment may not be made without prior
obligation. An obligation may not be incurred against any fund, allotment, or appropriation
unless the commissioner has certified a sufficient unencumbered balance or the accounting
system shows sufficient allotment or encumbrance balance in the fund, allotment, or
appropriation to meet it. The commissioner shall determine when the accounting system
may be used to incur obligations without the commissioner's certification of a sufficient
unencumbered balance. An expenditure or obligation authorized or incurred in violation of
this chapter is invalid and ineligible for payment until made valid. A payment made in
violation of this chapter is illegal. An employee authorizing or making the payment, or
taking part in it, and a person receiving any part of the payment, are jointly and severally
liable to the state for the amount paid or received. If an employee knowingly incurs an
obligation or authorizes or makes an expenditure in violation of this chapter or takes part
in the violation, the violation is just cause for the employee's removal by the appointing
authority or by the governor if an appointing authority other than the governor fails to do
so. In the latter case, the governor shall give notice of the violation and an opportunity to
be heard on it to the employee and to the appointing authority. A claim presented against
an appropriation without prior allotment or encumbrance may be made valid on investigation,
review, and approval by the agency head in accordance with the commissioner's policy, if
the services, materials, or supplies to be paid for were actually furnished in good faith
without collusion and without intent to defraud. The commissioner may then deleted text begin draw a warrant
todeleted text end pay the claim just as properly allotted and encumbered claims are paid.
(b) The commissioner may approve payment for materials and supplies in excess of the
obligation amount when increases are authorized by section 16C.03, subdivision 3.
(c) To minimize potential construction delay claims, an agency with a project funded
by a building appropriation may allow a contractor to proceed with supplemental work
within the limits of the appropriation before money is encumbered. Under this circumstance,
the agency may requisition funds and allow contractors to expeditiously proceed with a
construction sequence. While the contractor is proceeding, the agency shall immediately
act to encumber the required funds.
Minnesota Statutes 2018, section 16A.272, subdivision 3, is amended to read:
The provisions of Minnesota Statutes deleted text begin 1941deleted text end ,
section deleted text begin 7.19deleted text end new text begin 16A.271new text end , shall apply to deposits of securities made pursuant to this section.
Minnesota Statutes 2018, section 16A.40, is amended to read:
Money must not be paid out of the state treasury except upon the warrant of the
commissioner or an electronic fund transfer approved by the commissioner. Warrants must
be drawn on printed blanks that are in numerical order. The commissioner shall enter, in
numerical order in a deleted text begin warrantdeleted text end new text begin paymentnew text end register, the number, amount, date, and payee for
every deleted text begin warrantdeleted text end new text begin paymentnew text end issued.
The commissioner may require payees to supply their bank routing information to enable
the payments to be made through an electronic fund transfer.
Minnesota Statutes 2018, section 16A.42, subdivision 2, is amended to read:
If the claim is approved, the commissioner shall deleted text begin complete and sign
a warrantdeleted text end new text begin issue a paymentnew text end in the amount of the claim.
Minnesota Statutes 2018, section 16A.42, is amended by adding a subdivision to
read:
new text begin
If the commissioner determines that a claim is invalid after
issuing a warrant, the commissioner may void an unpaid warrant. The commissioner is not
liable to any holder who took the void warrant for value.
new text end
Minnesota Statutes 2018, section 16A.671, subdivision 1, is amended to read:
To ensure that cash is available
when needed to deleted text begin pay warrantsdeleted text end new text begin make paymentsnew text end drawn on the general fund under appropriations
and allotments, the commissioner may (1) issue certificates of indebtedness in anticipation
of the collection of taxes levied for and other revenues appropriated to the general fund for
expenditure during each biennium; and (2) issue additional certificates to refund outstanding
certificates and interest on them, under the constitution, article XI, section 6.
Minnesota Statutes 2018, section 16B.37, subdivision 4, is amended to read:
To avoid duplication and improve efficiency,
the commissioner may direct an agency to do work for another agency or may direct a
division or section of an agency to do work for another division or section within the same
agency and shall require reimbursement for the work. Reimbursements received by an
agency are reappropriated to the account making the original expenditure in accordance
with the transfer deleted text begin warrantdeleted text end procedure established by the commissioner of management and
budget.
Minnesota Statutes 2018, section 16D.09, subdivision 1, is amended to read:
new text begin (a) new text end When a debt is determined by a state agency to be
uncollectible, the debt may be written off by the state agency from the state agency's financial
accounting records and no longer recognized as an account receivable for financial reporting
purposes. A debt is considered to be uncollectible when (1) all reasonable collection efforts
have been exhausted, (2) the cost of further collection action will exceed the amount
recoverable, (3) the debt is legally without merit or cannot be substantiated by evidence,
(4) the debtor cannot be located, (5) the available assets or income, current or anticipated,
that may be available for payment of the debt are insufficient, (6) the debt has been
discharged in bankruptcy, (7) the applicable statute of limitations for collection of the debt
has expired, or (8) it is not in the public interest to pursue collection of the debt. deleted text begin The
determination of the uncollectibility of a
deleted text end
new text begin (b) Uncollectiblenew text end debt must be reported by the state agency deleted text begin along with the basis for that
decisiondeleted text end as part of its quarterly reports to the commissioner of management and budget.
new text begin The basis for the determination of the uncollectibility of the debt must be maintained by
the state agency. If an uncollectible debt equals or exceeds $100,000, the agency shall notify
the chairs and ranking minority members of the legislative committees with jurisdiction
over the state agency's budget at the time the debt is determined to be uncollectible. The
information reported shall contain the entity associated with the uncollected debt, the amount
of the debt, the revenue type, the reason the debt is considered uncollectible, and the duration
the debt has been outstanding. The commissioner of management and budget shall report
to the chairs and ranking minority members of the legislative committees with jurisdiction
over Minnesota Management and Budget an annual summary of the number and dollar
amount of debts determined to be uncollectible during the previous fiscal year by October
31 of each year. new text end Determining that the debt is uncollectible does not cancel the legal obligation
of the debtor to pay the debt.
Minnesota Statutes 2018, section 21.116, is amended to read:
All necessary expenses incurred in carrying out the provisions of sections 21.111 to
21.122 and the compensation of officers, inspectors, and employees appointed, designated,
or employed by the commissioner, as provided in such sections, together with their necessary
traveling expenses, together with the traveling expenses of the members of the advisory
seed potato certification committee, and other expenses necessary in attending committee
meetings, shall be paid from, and only from, the seed potato inspection account, on order
of the commissioner and commissioner of management and deleted text begin budget's voucher warrantdeleted text end new text begin budgetnew text end .
Minnesota Statutes 2018, section 80A.65, subdivision 9, is amended to read:
No filing for which a fee is required shall be deemed to be filed or
given any effect until the proper fee is paid. All fees and charges collected by the
administrator shall be covered into the state treasury. When any person is entitled to a refund
under this section, the administrator shall certify to the commissioner of management and
budget the amount of the fee to be refunded to the applicant, and the commissioner of
management and budget shall issue a deleted text begin warrant indeleted text end payment thereof out of the fund to which
such fee was credited in the manner provided by law. There is hereby appropriated to the
person entitled to such refunds from the fund in the state treasury to which such fees were
credited an amount to make such refunds and payments.
Minnesota Statutes 2018, section 84A.23, subdivision 4, is amended to read:
(a) Immediately after a project is approved
and accepted and then after each distribution of the tax collections on the June and November
tax settlements, the county auditor shall certify to the commissioner of management and
budget the following information relating to bonds issued to finance or refinance public
drainage ditches wholly or partly within the projects, and the collection of assessments
levied on account of the ditches:
(1) the amount of principal and interest to become due on the bonds before the next tax
settlement and distribution;
(2) the amount of money collected from the drainage assessments and credited to the
funds of the ditches; and
(3) the amount of the deficit in the ditch fund of the county chargeable to the ditches.
(b) On approving the certificate, the commissioner of management and budget shall
deleted text begin draw a warrantdeleted text end new text begin issue a paymentnew text end , payable out of the fund pertaining to the project, for the
amount of the deficit in favor of the county.
(c) As to public drainage ditches wholly within a project, the amount of money paid to
or for the benefit of the county under paragraph (b) must never exceed the principal and
interest of the bonds issued to finance or refinance the ditches outstanding at the time of
the passage and approval of sections 84A.20 to 84A.30, less money on hand in the county
ditch fund to the credit of the ditches. The liabilities must be reduced from time to time by
the amount of all payments of assessments after April 25, 1931, made by the owners of
lands assessed before that date for benefits on account of the ditches.
(d) As to public drainage ditches partly within and partly outside a project, the amount
paid from the fund pertaining to the project to or for the benefit of the county must never
exceed a certain percentage of bonds issued to finance and refinance the ditches so
outstanding, less money on hand in the county ditch fund to the credit of the ditches on
April 25, 1931. The percentage must bear the same proportion to the whole amount of these
bonds as the original benefits assessed against lands within the project bear to the original
total benefits assessed to the entire system of the ditches. This liability shall be reduced
from time to time by the payments of all assessments extended after April 25, 1931, made
by the owners of lands within the project of assessments for benefits assessed before that
date on account of a ditch.
(e) The commissioner of management and budget may provide and prescribe forms for
reports required by sections 84A.20 to 84A.30 and require any additional information from
county officials that the commissioner of management and budget considers necessary for
the proper administration of sections 84A.20 to 84A.30.
Minnesota Statutes 2018, section 84A.33, subdivision 4, is amended to read:
(a) Upon the approval and
acceptance of a project and after each distribution of the tax collections for the June and
November tax settlements, the county auditor shall certify to the commissioner of
management and budget the following information about bonds issued to finance or refinance
public drainage ditches wholly or partly within the projects, and the collection of assessments
levied for the ditches:
(1) the amount of principal and interest to become due on the bonds before the next tax
settlement and distribution;
(2) the amount of money collected from the drainage assessments and credited to the
funds of the ditches, not already sent to the commissioner of management and budget as
provided in sections 84A.31 to 84A.42; and
(3) the amount of the deficit in the ditch fund of the county chargeable to the ditches.
(b) On approving this certificate of the county auditor, the commissioner of management
and budget shall deleted text begin draw a warrantdeleted text end new text begin issue a paymentnew text end , payable out of the fund provided for in
sections 84A.31 to 84A.42, and send it to the county treasurer of the county. These funds
must be credited to the proper ditch of the county and placed in the ditch bond fund of the
county, which is created, and used only to pay the ditch bonded indebtedness of the county
assumed by the state under sections 84A.31 to 84A.42. The total amount of deleted text begin warrants drawndeleted text end new text begin
payments issuednew text end must not exceed in any one year the total amount of the deficit provided
for under this section.
(c) The state is subrogated to all title, right, interest, or lien of the county in or on the
lands so certified within these projects.
(d) As to public drainage ditches wholly within a project, the amount paid to, or for the
benefit of, the county under this subdivision must never exceed the principal and interest
of the bonds issued to finance or refinance a ditch outstanding on April 22, 1933, less money
on hand in the county ditch fund to the credit of a ditch. These liabilities must be reduced
from time to time by the amount of any payments of assessments extended after April 22,
1933, made by the owners of lands assessed before that date for benefits on account of the
ditches.
As to public drainage ditches partly within and partly outside a project the amount paid
from the fund pertaining to the project to or for the benefit of the county must never exceed
a certain percentage of bonds issued to finance and refinance a ditch so outstanding, less
money on hand in the county ditch fund to the credit of a ditch on April 22, 1932. The
percentage must bear the same proportion to the whole amount of the bonds as the original
benefits assessed against these lands within the project bear to the original total benefits
assessed to the entire system for a ditch. This liability must be reduced from time to time
by the payments of all assessments extended after April 22, 1933, made by the owners of
lands within the project of assessments for benefits assessed before that date on account of
a ditch.
Minnesota Statutes 2018, section 84A.52, is amended to read:
(a) As a part of the examination provided for by section 6.481, of the accounts of the
several counties within a game preserve, area, or project established under section 84A.01,
84A.20, or 84A.31, the state auditor shall segregate the audit of the accounts reflecting the
receipt and disbursement of money collected or disbursed under this chapter or from the
sale of tax-forfeited lands held by the state under section 84A.07, 84A.26, or 84A.36. The
auditor shall also include in the reports required by section 6.481 summary statements as
of December 31 before the examination that set forth the proportionate amount of principal
and interest due from the state to the individual county and any money due the state from
the county remaining unpaid under this chapter, or from the sale of any tax-forfeited lands
referred to in this section, and other information required by the commissioner of management
and budget. On receiving a report, the commissioner of management and budget shall
determine the net amount due to the county for the period covered by the report and shall
deleted text begin draw a warrantdeleted text end new text begin issue a paymentnew text end upon the state treasury payable out of the consolidated fund
for that amount. It must be paid to and received by the county as payment in full of all
amounts due for the period stated on the deleted text begin warrantsdeleted text end new text begin paymentsnew text end from the state under any
provision of this chapter.
(b) Money to deleted text begin pay the warrantsdeleted text end new text begin make the paymentsnew text end is appropriated to the counties entitled
to payment from the consolidated fund in the state treasury.
Minnesota Statutes 2018, section 88.12, subdivision 1, is amended to read:
The compensation and expenses of persons temporarily
employed in emergencies in suppression or control of wildfires shall be fixed by the
commissioner of natural resources or an authorized agent and paid as provided by law. Such
compensation shall not exceed the maximum rate for comparable labor established as
provided by law or rules, but shall not be subject to any minimum rate so established. The
commissioner is authorized to draw and expend from money appropriated for the purposes
of sections 88.03 to 88.22 a reasonable sum and through forest officers or other authorized
agent be used in paying emergency expenses, including just compensation for services
rendered by persons summoned and for private property used, damaged, or appropriated
under sections 88.03 to 88.22. The commissioner of management and budget is authorized
to deleted text begin draw a warrantdeleted text end new text begin issue a paymentnew text end for this sum when duly approved by the commissioner.
The commissioner or agent in charge shall take proper subvouchers or receipts from all
persons to whom these moneys are paid, and after these subvouchers have been approved
they shall be filed with the commissioner of management and budget. Authorized funds as
herein provided at any time shall be deposited, subject to withdrawal or disbursement by
check or otherwise for the purposes herein prescribed, in a bank authorized and bonded to
receive state deposits; and the bond of this bank to the state shall cover and include this
deposit.
Minnesota Statutes 2018, section 94.522, is amended to read:
It shall be the duty of the commissioner of management and budget to transmit deleted text begin warrants
ondeleted text end new text begin payments fromnew text end the state treasury to the county treasurer of the respective counties for
the sums that may be due in accordance with section 94.521, which sums are hereby
appropriated out of the state treasury from the amounts received from the United States
government pursuant to the aforesaid acts of Congress, and such money shall be used by
the counties receiving the same for the purposes and in the proportions herein provided.
Minnesota Statutes 2018, section 94.53, is amended to read:
It shall be the duty of the commissioner of management and budget to transmit deleted text begin warrants
ondeleted text end new text begin payments fromnew text end the state treasury to the county treasurers of the respective counties for
the sum that may be due in accordance with sections 94.52 to 94.54, which sum or sums
are hereby appropriated out of the state treasury from the amounts received from the United
States government pursuant to the aforesaid act of Congress. The commissioner of
management and budget, upon being notified by the federal government or any agencies
thereof that a loan has been made to any such county the repayment of which is to be made
from such fund, is authorized to transmit a deleted text begin warrant or warrantsdeleted text end new text begin payment new text end to the federal
government or any agency thereof sufficient to repay such loan out of any money apportioned
or due to such county under the provisions of such act of Congress, approved May 23, 1908
(Statutes at Large, volume 35, page 260).
Minnesota Statutes 2018, section 116J.64, subdivision 7, is amended to read:
(a) An Indian desiring a loan for the purpose of starting a business
enterprise or expanding an existing business shall make application to the appropriate tribal
government. The application shall be forwarded to the appropriate eligible organization, if
it is participating in the program, for consideration in conformity with the plans submitted
by said tribal governments. The tribal government may approve the application if it
determines that the loan would advance the goals of the Indian business loan program. If
the tribal government is not participating in the program, the agency may directly approve
or deny the loan application.
(b) If the application is approved, the tribal government shall forward the application,
together with all relevant documents pertinent thereto, to the commissioner of the agency,
who shall deleted text begin cause a warrantdeleted text end new text begin request a paymentnew text end to be deleted text begin drawn in favor ofdeleted text end new text begin issued to the applicant
ornew text end the applicable tribal government, deleted text begin or the agency,deleted text end if it is administering the loan, with
appropriate notations identifying the borrower.
(c) The tribal government, eligible organization, or the agency, if it is administering the
loan, shall maintain records of transactions for each borrower in a manner consistent with
good accounting practice. The interest rate on a loan shall be established by the tribal
government or the agency, but may be no less than two percent per annum nor more than
ten percent per annum. When any portion of a debt is repaid, the tribal government, eligible
organization, or the agency, if it is administering the loan, shall remit the amount so received
plus interest paid thereon to the commissioner of management and budget through the
agency. The amount so received shall be credited to the Indian business loan account.
(d) On the placing of a loan, additional money equal to ten percent of the total amount
made available to any tribal government, eligible organization, or the agency, if it is
administering the loan, for loans during the fiscal year shall be paid to the tribal government,
eligible organization, or the agency, prior to December 31 for the purpose of financing
administrative costs.
Minnesota Statutes 2018, section 127A.34, subdivision 1, is amended to read:
The
commissioner shall furnish a copy of the apportionment of the school endowment fund to
the commissioner of management and budget, who thereupon shall deleted text begin draw warrants ondeleted text end new text begin issue
payments fromnew text end the state treasury, payable to the several districts, for the amount due each
district. There is hereby annually appropriated from the school endowment fund the amount
of such apportionments.
Minnesota Statutes 2018, section 127A.40, is amended to read:
It shall be the duty of the commissioner to deliver to the commissioner of management
and budget a certificate for each district entitled to receive state aid under the provisions of
this chapter. Upon the receipt of such certificate, it shall be the duty of the commissioner
of management and budget to deleted text begin draw a warrant in favor ofdeleted text end new text begin issue a payment tonew text end the district for
the amount shown by each certificate to be due to the district. The commissioner of
management and budget shall transmit such deleted text begin warrantsdeleted text end new text begin paymentsnew text end to the district together with
a copy of the certificate prepared by the commissioner.
Minnesota Statutes 2018, section 136F.70, subdivision 3, is amended to read:
The board may make refunds to students for tuition, activity fees,
union fees, and any other fees from imprest cash funds. The imprest cash fund shall be
reimbursed periodically by deleted text begin checks or warrants drawn ondeleted text end new text begin payments issued fromnew text end the funds
and accounts to which the refund should ultimately be charged. The amounts necessary to
pay the refunds are appropriated from the funds and accounts to which they are charged.
Minnesota Statutes 2018, section 176.181, subdivision 2, is amended to read:
(a) Every employer, except the state
and its municipal subdivisions, liable under this chapter to pay compensation shall insure
payment of compensation with some insurance carrier authorized to insure workers'
compensation liability in this state, or obtain a written order from the commissioner of
commerce exempting the employer from insuring liability for compensation and permitting
self-insurance of the liability. The terms, conditions and requirements governing
self-insurance shall be established by the commissioner pursuant to chapter 14. The
commissioner of commerce shall also adopt, pursuant to paragraph (d), rules permitting
two or more employers, whether or not they are in the same industry, to enter into agreements
to pool their liabilities under this chapter for the purpose of qualifying as group self-insurers.
With the approval of the commissioner of commerce, any employer may exclude medical,
chiropractic and hospital benefits as required by this chapter. An employer conducting
distinct operations at different locations may either insure or self-insure the other portion
of operations as a distinct and separate risk. An employer desiring to be exempted from
insuring liability for compensation shall make application to the commissioner of commerce,
showing financial ability to pay the compensation, whereupon by written order the
commissioner of commerce, on deeming it proper, may make an exemption. An employer
may establish financial ability to pay compensation by providing financial statements of
the employer to the commissioner of commerce. Upon ten days' written notice the
commissioner of commerce may revoke the order granting an exemption, in which event
the employer shall immediately insure the liability. As a condition for the granting of an
exemption the commissioner of commerce may require the employer to furnish security the
commissioner of commerce considers sufficient to insure payment of all claims under this
chapter, consistent with subdivision 2b. If the required security is in the form of currency
or negotiable bonds, the commissioner of commerce shall deposit it with the commissioner
of management and budget. In the event of any default upon the part of a self-insurer to
abide by any final order or decision of the commissioner of labor and industry directing and
awarding payment of compensation and benefits to any employee or the dependents of any
deceased employee, then upon at least ten days' notice to the self-insurer, the commissioner
of commerce may by written order to the commissioner of management and budget require
the commissioner of management and budget to sell the pledged and assigned securities or
a part thereof necessary to pay the full amount of any such claim or award with interest
thereon. This authority to sell may be exercised from time to time to satisfy any order or
award of the commissioner of labor and industry or any judgment obtained thereon. When
securities are sold the money obtained shall be deposited in the state treasury to the credit
of the commissioner of commerce and awards made against any such self-insurer by the
commissioner of commerce shall be paid to the persons entitled thereto by the commissioner
of management and budget upon deleted text begin warrants prepareddeleted text end new text begin payments requestednew text end by the commissioner
of commerce out of the proceeds of the sale of securities. Where the security is in the form
of a surety bond or personal guaranty the commissioner of commerce, at any time, upon at
least ten days' notice and opportunity to be heard, may require the surety to pay the amount
of the award, the payments to be enforced in like manner as the award may be enforced.
(b) No association, corporation, partnership, sole proprietorship, trust or other business
entity shall provide services in the design, establishment or administration of a group
self-insurance plan under rules adopted pursuant to this subdivision unless it is licensed, or
exempt from licensure, pursuant to section 60A.23, subdivision 8, to do so by the
commissioner of commerce. An applicant for a license shall state in writing the type of
activities it seeks authorization to engage in and the type of services it seeks authorization
to provide. The license shall be granted only when the commissioner of commerce is satisfied
that the entity possesses the necessary organization, background, expertise, and financial
integrity to supply the services sought to be offered. The commissioner of commerce may
issue a license subject to restrictions or limitations, including restrictions or limitations on
the type of services which may be supplied or the activities which may be engaged in. The
license is for a two-year period.
(c) To assure that group self-insurance plans are financially solvent, administered in a
fair and capable fashion, and able to process claims and pay benefits in a prompt, fair and
equitable manner, entities licensed to engage in such business are subject to supervision
and examination by the commissioner of commerce.
(d) To carry out the purposes of this subdivision, the commissioner of commerce may
promulgate administrative rules pursuant to sections 14.001 to 14.69. These rules may:
(1) establish reporting requirements for administrators of group self-insurance plans;
(2) establish standards and guidelines consistent with subdivision 2b to assure the
adequacy of the financing and administration of group self-insurance plans;
(3) establish bonding requirements or other provisions assuring the financial integrity
of entities administering group self-insurance plans;
(4) establish standards, including but not limited to minimum terms of membership in
self-insurance plans, as necessary to provide stability for those plans;
(5) establish standards or guidelines governing the formation, operation, administration,
and dissolution of self-insurance plans; and
(6) establish other reasonable requirements to further the purposes of this subdivision.
Minnesota Statutes 2018, section 176.581, is amended to read:
Upon a deleted text begin warrantdeleted text end new text begin requestnew text end prepared by the commissioner of administration, and in
accordance with the terms of the order awarding compensation, the commissioner of
management and budget shall pay compensation to the employee or the employee's
dependent. These payments shall be made from money appropriated for this purpose.
Minnesota Statutes 2018, section 176.591, subdivision 3, is amended to read:
The commissioner of
management and budget shall make compensation payments from the fund only as authorized
by this chapter upon deleted text begin warrantsdeleted text end new text begin requestnew text end of the commissioner of administration.
Minnesota Statutes 2018, section 192.55, is amended to read:
All pay and allowances and necessary expenses for any of the military forces shall, when
approved by the adjutant general, be paid by commissioner of management and deleted text begin budget's
warrants issueddeleted text end new text begin budgetnew text end to the several officers and enlisted members entitled thereto; provided,
that upon the request of the adjutant general, approved by the governor, the sum required
for any such pay or allowances and necessary expenses shall be paid by commissioner of
management and deleted text begin budget's warrantdeleted text end new text begin budgetnew text end to the adjutant general, who shall immediately
pay and distribute the same to the several officers or enlisted members entitled thereto or
to their commanding officers or to a finance officer designated by the adjutant general. The
receipt of any such commanding officer or finance officer for any such payment shall
discharge the adjutant general from liability therefor. Every commanding officer or finance
officer receiving any such payment shall, as soon as practicable, pay and distribute the same
to the several officers or enlisted members entitled thereto. The officer making final payment
shall, as evidence thereof, secure the signature of the person receiving the same upon a
payroll or other proper voucher.
Minnesota Statutes 2018, section 237.30, is amended to read:
A Minnesota Telephone Investigation Fund shall exist for the use of the Department of
Commerce and of the attorney general in investigations, valuations, and revaluations under
section 237.295. All sums paid by the telephone companies to reimburse the department
for its expenses pursuant to section 237.295 shall be credited to the revolving fund and shall
be deposited in a separate bank account and not commingled with any other state funds or
moneys, but any balance in excess of $25,000 in the revolving fund at the end of each fiscal
year shall be paid into the state treasury and credited to the general fund. All subsequent
credits to said revolving fund shall be paid deleted text begin upon the warrant ofdeleted text end new text begin bynew text end the commissioner of
management and budget upon application of the department or of the attorney general to
an aggregate amount of not more than one-half of such sums to each of them, which
proportion shall be constantly maintained in all credits and withdrawals from the revolving
fund.
Minnesota Statutes 2018, section 244.19, subdivision 7, is amended to read:
On or before January 1 of each
year, until 1970 and on or before April 1 thereafter, the commissioner of corrections shall
deliver to the commissioner of management and budget a certificate in duplicate for each
county of the state entitled to receive state aid under the provisions of this section. Upon
the receipt of such certificate, the commissioner of management and budget shall deleted text begin draw a
warrant in favor ofdeleted text end new text begin issue a payment tonew text end the county treasurer for the amount shown by each
certificate to be due to the county specified. The commissioner of management and budget
shall transmit such deleted text begin warrantdeleted text end new text begin paymentnew text end to the county treasurer together with a copy of the
certificate prepared by the commissioner of corrections.
Minnesota Statutes 2018, section 256B.20, is amended to read:
The providing of funds necessary to carry out the provisions hereof on the part of the
counties and the manner of administering the funds of the counties and the state shall be as
follows:
(1) The board of county commissioners of each county shall annually set up in its budget
an item designated as the county medical assistance fund and levy taxes and fix a rate
therefor sufficient to produce the full amount of such item, in addition to all other tax levies
and tax rate, however fixed or determined, sufficient to carry out the provisions hereof and
sufficient to pay in full the county share of assistance and administrative expense for the
ensuing year; and annually on or before October 10 shall certify the same to the county
auditor to be entered by the auditor on the tax rolls. Such tax levy and tax rate shall make
proper allowance and provision for shortage in tax collections.
(2) Any county may transfer surplus funds from any county fund, except the sinking or
ditch fund, to the general fund or to the county medical assistance fund in order to provide
money necessary to pay medical assistance awarded hereunder. The money so transferred
shall be used for no other purpose, but any portion thereof no longer needed for such purpose
shall be transferred back to the fund from which taken.
(3) Upon the order of the county agency the county auditor shall draw a warrant on the
proper fund in accordance with the order, and the county treasurer shall pay out the amounts
ordered to be paid out as medical assistance hereunder. When necessary by reason of failure
to levy sufficient taxes for the payment of the medical assistance in the county, the county
auditor shall carry any such payments as an overdraft on the medical assistance funds of
the county until sufficient tax funds shall be provided for such assistance payments. The
board of county commissioners shall include in the tax levy and tax rate in the year following
the year in which such overdraft occurred, an amount sufficient to liquidate such overdraft
in full.
(4) Claims for reimbursement and reports shall be presented to the state agency by the
respective counties as required under section 256.01, subdivision 2, paragraph (p). The state
agency shall audit such claims and certify to the commissioner of management and budget
the amounts due the respective counties without delay. The amounts so certified shall be
paid within ten days after such certification, from the state treasury upon deleted text begin warrantdeleted text end new text begin paymentnew text end
of the commissioner of management and budget from any money available therefor. The
money available to the state agency to carry out the provisions hereof, including all federal
funds available to the state, shall be kept and deposited by the commissioner of management
and budget in the revenue fund and disbursed deleted text begin upon warrantsdeleted text end in the same manner as other
state funds.
Minnesota Statutes 2018, section 299C.21, is amended to read:
If any public official charged with the duty of furnishing to the bureau fingerprint records,
biological specimens, reports, or other information required by sections 299C.06, 299C.10,
299C.105, 299C.11, 299C.17, shall neglect or refuse to comply with such requirement, the
bureau, in writing, shall notify the state, county, or city officer charged with the issuance
of deleted text begin a warrant fordeleted text end the payment of the salary of such official. Upon the receipt of the notice
the state, county, or city official shall withhold the issuance of deleted text begin a warrant fordeleted text end the payment
of the salary or other compensation accruing to such officer for the period of 30 days
thereafter until notified by the bureau that such suspension has been released by the
performance of the required duty.
Minnesota Statutes 2018, section 352.04, subdivision 9, is amended to read:
(a) Deductions taken
from the salary of an employee for the retirement fund in excess of required amounts must,
upon discovery and verification by the department making the deduction, be refunded to
the employee.
(b) If a deduction for the retirement fund is taken from a salary deleted text begin warrant or checkdeleted text end new text begin paymentnew text end ,
and the deleted text begin checkdeleted text end new text begin paymentnew text end is canceled or the amount of the deleted text begin warrant or checkdeleted text end new text begin paymentnew text end returned
to the funds of the department making the payment, the sum deducted, or the part of it
required to adjust the deductions, must be refunded to the department or institution if the
department applies for the refund on a form furnished by the director. The department's
payments must likewise be refunded to the department.
(c) If erroneous employee deductions and employer contributions are caused by an error
in plan coverage involving the plan and any other plans specified in section 356.99, that
section applies. If the employee should have been covered by the plan governed by chapter
352D, 353D, 354B, or 354D, the employee deductions and employer contributions taken
in error must be directly transferred to the applicable employee's account in the correct
retirement plan, with interest at the applicable monthly rate or rates specified in section
356.59, subdivision 2, compounded annually, from the first day of the month following the
month in which coverage should have commenced in the correct defined contribution plan
until the end of the month in which the transfer occurs.
Minnesota Statutes 2018, section 353.05, is amended to read:
The commissioner of management and budget shall be ex officio treasurer of the
retirement funds of the association and the general bond of the commissioner of management
and budget to the state must be so conditioned as to cover all liability for acts as treasurer
of these funds. All money of the association received by the commissioner of management
and budget must be set aside in the state treasury to the credit of the proper fund or account.
The commissioner of management and budget shall transmit monthly to the executive
director a detailed statement of all amounts so received and credited to the funds. Payments
out of the funds may only be made deleted text begin on warrantsdeleted text end new text begin as paymentsnew text end issued by the commissioner of
management and budget, upon abstracts signed by the executive director; provided that
abstracts for investment may be signed by the executive director of the State Board of
Investment.
Minnesota Statutes 2018, section 354.42, subdivision 7, is amended to read:
(a) Any deductions taken
from the salary of an employee for the retirement fund in excess of amounts required must
be refunded to the employee upon the discovery of the error and after the verification of
the error by the employing unit making the deduction. The corresponding excess employer
contribution and excess additional employer contribution amounts attributable to the
erroneous salary deduction must be refunded to the employing unit.
(b) If salary deductions and employer contributions were erroneously transmitted to the
retirement fund and should have been transmitted to the plan covered by chapter 352D,
353D, 354B, or 354D, the executive director must transfer these salary deductions and
employer contributions to the account of the appropriate person under the applicable plan.
The transfer to the applicable defined contribution plan account must include interest at the
rate of 0.71 percent per month, compounded annually, from the first day of the month
following the month in which coverage should have commenced in the defined contribution
plan until the end of the month in which the transfer occurs.
(c) A potential transfer under paragraph (b) that would cause the plan to fail to be a
qualified plan under section 401(a) of the Internal Revenue Code, as amended, must not be
made by the executive director. Within 30 days after being notified by the Teachers
Retirement Association of an unmade potential transfer under this paragraph, the employer
of the affected person must transmit an amount representing the applicable salary deductions
and employer contributions, without interest, to the account of the applicable person under
the appropriate plan. The retirement association must provide a credit for the amount of the
erroneous salary deductions and employer contributions against future contributions from
the employer.
(d) If a salary deleted text begin warrant or checkdeleted text end new text begin paymentnew text end from which a deduction for the retirement fund
was taken has been canceled or the amount of the deleted text begin warrant or if a checkdeleted text end new text begin paymentnew text end has been
returned to the funds of the employing unit making the payment, a refund of the amount
deducted, or any portion of it that is required to adjust the salary deductions, must be made
to the employing unit.
(e) Erroneous direct payments of member-paid contributions or erroneous salary
deductions that were not refunded during the regular payroll cycle processing must be
refunded to the member, plus interest computed using the rate and method specified in
section 354.49, subdivision 2.
(f) Any refund under this subdivision that would cause the plan to fail to be a qualified
plan under section 401(a) of the Internal Revenue Code, as amended, may not be refunded
and instead must be credited against future contributions payable by the employer. The
employer is responsible for refunding to the applicable employee any amount that was
erroneously deducted from the salary of the employee, with interest as specified in paragraph
(e).
(g) If erroneous employee deductions and employer contributions are caused by an error
in plan coverage involving the plan and any other plan specified in section 356.99, that
section applies.
Minnesota Statutes 2018, section 401.15, subdivision 1, is amended to read:
Within 60 days
of the end of each calendar quarter, participating counties which have received the payments
authorized by section 401.14 shall submit to the commissioner certified statements detailing
the amounts expended and costs incurred in furnishing the correctional services provided
in sections 401.01 to 401.16. Upon receipt of certified statements, the commissioner shall,
in the manner provided in sections 401.10 and 401.12, determine the amount each
participating county is entitled to receive, making any adjustments necessary to rectify any
disparity between the amounts received pursuant to the estimate provided in section 401.14
and the amounts actually expended. If the amount received pursuant to the estimate is greater
than the amount actually expended during the quarter, the commissioner may withhold the
difference from any subsequent monthly payments made pursuant to section 401.14. Upon
certification by the commissioner of the amount a participating county is entitled to receive
under the provisions of section 401.14 or of this subdivision the commissioner of
management and budget shall thereupon issue a deleted text begin state warrantdeleted text end new text begin paymentnew text end to the chief fiscal
officer of each participating county for the amount due together with a copy of the certificate
prepared by the commissioner.
Minnesota Statutes 2018, section 446A.16, subdivision 1, is amended to read:
Except as
otherwise provided in this section, money of the authority must be paid to the commissioner
of management and budget as agent of the authority and the commissioner shall not
commingle the money with other money. The money in the accounts of the authority must
be paid out only deleted text begin on warrants drawndeleted text end by the commissioner of management and budget on
requisition of the chair of the authority or of another officer or employee as the authority
authorizes. Deposits of the authority's money must, if required by the commissioner or the
authority, be secured by obligations of the United States or of the state of a market value
equal at all times to the amount of the deposit and all banks and trust companies are
authorized to give security for the deposits.
Minnesota Statutes 2018, section 462A.18, subdivision 1, is amended to read:
All moneys
of the agency, except as otherwise authorized or provided in this section, shall be paid to
the commissioner of management and budget as agent of the agency, who shall not
commingle such moneys with any other moneys. The moneys in such accounts shall be
paid out deleted text begin on warrants drawndeleted text end by the commissioner on requisition of the chair of the agency
or of such other officer or employee as the agency shall authorize to make such requisition.
All deposits of such moneys shall, if required by the commissioner or the agency, be secured
by obligations of the United States or of the state of a market value equal at all times to the
amount of the deposit and all banks and trust companies are authorized to give such security
for such deposits.
Minnesota Statutes 2018, section 525.841, is amended to read:
In all such cases the commissioner of management and budget shall be furnished with
a certified copy of the court's order assigning the escheated property to the persons entitled
thereto, and upon notification of payment of the estate tax, the commissioner of management
and budget shall deleted text begin draw a warrantdeleted text end new text begin issue a paymentnew text end or execute a proper conveyance to the
persons designated in such order. In the event any escheated property has been sold pursuant
to sections 11A.04, clause (9), and 11A.10, subdivision 2, or 16B.281 to 16B.287, then the
deleted text begin warrantdeleted text end new text begin paymentnew text end shall be for the appraised value as established during the administration
of the decedent's estate. There is hereby annually appropriated from any moneys in the state
treasury not otherwise appropriated an amount sufficient to make payment to all such
designated persons. No interest shall be allowed on any amount paid to such persons.
new text begin
The revisor of statutes shall replace, as the context requires, "warrant," "warrants," or
"warrant or check" with "payment" or "payments" in the following sections and subdivisions
of Minnesota Statutes: 15.0596; 16A.134; 16A.17, subdivision 5; 16A.42, subdivision 4;
16A.56; 43A.30, subdivision 2; 43A.49; 49.24, subdivisions 13 and 16; 69.031, subdivision
1; 84A.40; 126C.55, subdivisions 2 and 9; 126C.68, subdivision 3; 126C.69, subdivision
14; 136F.46, subdivision 1; 162.08, subdivisions 10 and 11; 162.14, subdivisions 4 and 5;
162.18, subdivision 4; 162.181, subdivision 4; 163.051, subdivision 3; 196.052; 198.16;
241.13, subdivision 1; 260B.331, subdivision 2; 260C.331, subdivision 2; 273.121,
subdivision 1; 287.08; 297I.10, subdivision 1; 348.05; 352.05; 352.115, subdivision 12;
352.12, subdivision 13; 353.27, subdivision 7; 354.52, subdivisions 4 and 4b; 446A.086,
subdivision 4; and 475A.04, subdivision 1.
new text end
Minnesota Statutes 2018, section 201.091, subdivision 4, is amended to read:
The county auditor shall make available for inspection
a public information list which must contain the name, address, year of birth, and voting
history of each registered voter in the county. The list must new text begin not new text end include the party choice of
any voter who voted in deleted text begin the most recentdeleted text end new text begin anew text end presidential nomination primary. The telephone
number must be included on the list if provided by the voter. The public information list
may also include information on voting districts. The county auditor may adopt reasonable
rules governing access to the list. No individual inspecting the public information list shall
tamper with or alter it in any manner. No individual who inspects the public information
list or who acquires a list of registered voters prepared from the public information list may
use any information contained in the list for purposes unrelated to elections, political
activities, or law enforcement. The secretary of state may provide copies of the public
information lists and other information from the statewide registration system for uses
related to elections, political activities, or in response to a law enforcement inquiry from a
public official concerning a failure to comply with any criminal statute or any state or local
tax statute.
Before inspecting the public information list or obtaining a list of voters or other
information from the list, the individual shall provide identification to the public official
having custody of the public information list and shall state in writing that any information
obtained from the list will not be used for purposes unrelated to elections, political activities,
or law enforcement. Requests to examine or obtain information from the public information
lists or the statewide registration system must be made and processed in the manner provided
in the rules of the secretary of state.
Upon receipt of a statement signed by the voter that withholding the voter's name from
the public information list is required for the safety of the voter or the voter's family, the
secretary of state and county auditor must withhold from the public information list the
name of a registered voter.
Minnesota Statutes 2018, section 201.091, is amended by adding a subdivision to
read:
new text begin
The secretary of state must maintain
a list of the voters who voted in a presidential nomination primary and the political party
each voter selected. Information maintained on the list is private data on individuals as
defined under section 13.02, subdivision 12, except that the secretary of state must provide
the list to the chair of each major political party.
new text end
Minnesota Statutes 2018, section 203B.121, subdivision 4, is amended to read:
After the close of business on the seventh day before
the election, the ballots from return envelopes 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 new text begin voted new text end 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 2018, section 204C.10, is amended to read:
(a) An individual seeking to vote shall sign a polling place roster or voter signature
certificate which states that the individual is at least 18 years of age, a citizen of the United
States, has resided in Minnesota for 20 days immediately preceding the election, maintains
residence at the address shown, is not under a guardianship in which the court order revokes
the individual's right to vote, has not been found by a court of law to be legally incompetent
to vote or has the right to vote because, if the individual was convicted of a felony, the
felony sentence has expired or been completed or the individual has been discharged from
the sentence, is registered and has not already voted in the election. The roster must also
state: "I understand that deliberately providing false information is a felony punishable by
not more than five years imprisonment and a fine of not more than $10,000, or both."
(b) At the presidential nomination primary, the polling place roster must also state: "I
am in general agreement with the principles of the party for whose candidate I intend to
votedeleted text begin , and I understand that my choice of a party's ballot will be public informationdeleted text end ." This
statement must appear separately from the statements required in paragraph (a). The felony
penalty provided for in paragraph (a) does not apply to this paragraph.
(c) A judge may, before the applicant signs the roster or voter signature certificate,
confirm the applicant's name, address, and date of birth.
(d) After the applicant signs the roster or voter signature certificate, the judge shall give
the applicant a voter's receipt. The voter shall deliver the voter's receipt to the judge in
charge of ballots as proof of the voter's right to vote, and thereupon the judge shall hand to
the voter the ballot. The voters' receipts must be maintained during the time for notice of
filing an election contest.
(e) Whenever a challenged status appears on the polling place roster, an election judge
must ensure that the challenge is concealed or hidden from the view of any voter other than
the voter whose status is challenged.
Minnesota Statutes 2018, section 207A.11, is amended to read:
(a) A presidential nomination primary must be held each year in which a president and
vice president of the United States are to be nominated and elected.
(b) The party chairs must jointly submit to the secretary of state, no later than March 1
in a year prior to a presidential election year, the single date on which the parties have agreed
to conduct the presidential nomination primary in the next year. The date selected must not
be the date of the town general election provided in section 205.075, subdivision 1. If a date
is not jointly submitted by the deadline, the presidential nomination primary must be held
on the first Tuesday in March in the year of the presidential election. No other election may
be conducted on the date of the presidential nomination primary.
(c) The secretary of state must adopt rules to implement the provisions of this chapter.
The secretary of state shall consult with the party chairs throughout the rulemaking process,
including seeking advice about possible rules before issuing a notice of intent to adopt rules,
consultation before the notice of comment is published, consultation on the statement of
need and reasonableness, consultation in drafting and revising the rules, and consultation
regarding any modifications to the rule being considered.
(d) new text begin This chapter only applies to a major political party that selects delegates at the
presidential nomination primary to send to a national convention. A major political party
that does not participate in a national convention is not eligible to participate in the
presidential nomination primary.
new text end
new text begin (e) new text end For purposes of this chapter, "political party" or "party" means a major political party
as defined in section 200.02, subdivision 7new text begin , that is eligible to participate in the presidential
nomination primarynew text end .
Minnesota Statutes 2018, section 207A.12, is amended to read:
(a) Except as otherwise provided by law, the presidential nomination primary must be
conducted, and the results canvassed and returned, in the manner provided by law for the
state primary.
(b) An individual seeking to vote at the presidential nomination primary must be
registered to vote pursuant to section 201.054, subdivision 1. The voter must request the
ballot of the party for whose candidate the individual wishes to vote. Notwithstanding section
204C.18, subdivision 1, the election judge must record in the polling place roster the name
of the political party whose ballot the voter requested. When posting voter history pursuant
to section 201.171, the county auditor must include the name of the political party whose
ballot the voter requested. deleted text begin The voter instruction posters, pamphlets, and other informational
materials prepared for a presidential primary by the secretary of state pursuant to section
204B.27 must include information about the requirements of this paragraph, including a
notice that the voter's choice of a political party's ballot will be recorded and is public
informationdeleted text end new text begin The political party ballot selected by a voter is private data on individuals as
defined under section 13.02, subdivision 12, except as provided in section 201.091,
subdivision 4anew text end .
(c) Immediately after the state canvassing board declares the results of the presidential
nomination primary, the secretary of state must notify the chair of each party of the results.
(d) The results of the presidential nomination primary must bind the election of delegates
in each party.
Minnesota Statutes 2018, section 207A.14, subdivision 2, is amended to read:
No later than 70 days before the presidential
nomination primary, the secretary of state must supply each county auditor with deleted text begin sampledeleted text end new text begin
examplenew text end ballots to be used at the presidential nomination primary. The deleted text begin sampledeleted text end new text begin examplenew text end
ballots must illustrate the format required for the ballots used in the presidential nomination
primary.
Minnesota Statutes 2018, section 207A.15, subdivision 2, is amended to read:
(a) The secretary of state shall reimburse the
counties and municipalities for expenses incurred in the administration of the presidential
nomination primary from money contained in the presidential nomination primary elections
account. The following expenses are eligible for reimbursement: preparation and printing
of ballots; postage for absentee ballots; publication of the sample ballot; preparation of
polling places in an amount not to exceed $150 per polling place; preparation of electronic
voting systems in an amount not to exceed $100 per precinct; compensation for temporary
staff or overtime payments; salaries of election judges; deleted text begin anddeleted text end compensation of county
canvassing board membersnew text begin ; and other expenses as approved by the secretary of statenew text end .
(b) Within 60 days after the results of a presidential nomination primary are certified
by the State Canvassing Board, the county auditor must submit a request for payment of
the costs incurred by the county for conducting the presidential nomination primary, and
the municipal clerk must submit a request for payment of the costs incurred by the
municipality for conducting the presidential nomination primary. The request for payment
must be submitted to the secretary of state, and must be accompanied by an itemized
description of actual county or municipal expenditures, including copies of invoices. In
addition, the county auditor or municipal clerk must certify that the request for reimbursement
is based on actual costs incurred by the county or municipality in the presidential nomination
primary.
(c) The secretary of state shall provide each county and municipality with the appropriate
forms for requesting payment and certifying expenses under this subdivision. The secretary
of state must not reimburse expenses unless the request for payment and certification of
costs has been submitted as provided in this subdivision. The secretary of state must complete
the issuance of reimbursements to the counties and municipalities no later than 90 days after
the results of the presidential nomination primary have been certified by the State Canvassing
Board.
new text begin
(a) For purposes of this section, the following term has the
meaning given.
new text end
new text begin
(b) "Responsible authority" means:
new text end
new text begin
(1) for the house of representatives, the chief clerk of the house;
new text end
new text begin
(2) for the senate, the secretary of the senate;
new text end
new text begin
(3) for the Office of the Revisor of Statutes, the revisor of statutes;
new text end
new text begin
(4) for the Office of the Legislative Auditor, the legislative auditor;
new text end
new text begin
(5) for the Legislative Reference Library, the library director;
new text end
new text begin
(6) for the Legislative Budget Office, the director of the Legislative Budget Office; and
new text end
new text begin
(7) for any entity administered by the legislative branch not listed in clauses (1) to (6),
the director of the Legislative Coordinating Commission.
new text end
new text begin
The senate, the house of representatives,
and joint legislative offices and commissions must comply with accessibility standards
adopted for state agencies by the chief information officer under section 16E.03, subdivision
9, for technology, software, and hardware procurement, unless the responsible authority for
a legislative body or office has approved an exception for a standard for that body or office.
new text end
new text begin
The chief information officer is not authorized
to manage or direct compliance of the legislature with accessibility standards.
new text end
new text begin
This section is effective October 1, 2024.
new text end
Minnesota Statutes 2018, section 16E.03, subdivision 1, is amended to read:
(a) For the purposes of this chapter, the following terms
have the meanings given them.
(b) "Information and telecommunications technology systems and services" means all
computing and telecommunications hardware and software, the activities undertaken to
secure that hardware and software, and the activities undertaken to acquire, transport, process,
analyze, store, and disseminate information electronically. "Information and
telecommunications technology systems and services" includes all proposed expenditures
for computing and telecommunications hardware and software, security for that hardware
and software, and related consulting or other professional services.
(c) "Information and telecommunications technology project" means an effort to acquire
or produce information and telecommunications technology systems and services.
(d) "Telecommunications" means voice, video, and data electronic transmissions
transported by wire, wireless, fiber-optic, radio, or other available transport technology.
(e) "Cyber security" means the protection of data and systems in networks connected to
the Internet.
(f) "State agency" means an agency in the executive branch of state government and
includes the Minnesota Office of Higher Education, but does not include the Minnesota
State Colleges and Universities unless specifically provided elsewhere in this chapter.
(g) "Total expected project cost" includes direct staff costs, all supplemental contract
staff and vendor costs, and costs of hardware and software development or purchase.
Breaking a project into several phases does not affect the cost threshold, which must be
computed based on the full cost of all phases.
new text begin
(h) "Cloud computing" has the meaning described by the National Institute of Standards
and Technology of the United States Department of Commerce in special publication
800-145, September 2011.
new text end
Minnesota Statutes 2018, section 16E.03, is amended by adding a subdivision to
read:
new text begin
The project evaluation procedure required by
subdivision 4 must include a review of cloud computing service options, including any
security benefits and cost savings associated with purchasing those service options from a
cloud computing service provider.
new text end
Minnesota Statutes 2018, section 16E.03, is amended by adding a subdivision to
read:
new text begin
The chief information officer, or a
designee, must provide technical support to assist the legislature to comply with accessibility
standards under section 3.199, subdivision 2. Support under this subdivision must include:
new text end
new text begin
(1) clarifying the requirements of the accessibility standards;
new text end
new text begin
(2) providing templates for common software applications used in developing documents
used by the legislature;
new text end
new text begin
(3) assisting the development of training for staff to comply with the accessibility
standards and assisting in providing the training; and
new text end
new text begin
(4) assisting the development of technical applications that enable legislative documents
to be fully accessible.
new text end
new text begin
The chief information officer must provide these services at no cost to the legislature.
new text end
new text begin
This section is effective the day following final enactment.
new text end
new text begin
The legislative employee working group on the legislature's
accessibility measures consists of 12 members. The senate majority leader and the speaker
of the house must each appoint four employees from among the following offices that serve
the respective bodies: media offices, information technology offices, legal and fiscal analysis
offices, the secretary of the senate, the chief clerk of the house of representatives, and other
offices considered appropriate. The chair of the Legislative Coordinating Commission must
appoint four members from among the employees who serve in the Office of the Revisor
of Statutes, the Legislative Reference Library, the Legislative Coordinating Commission,
and the Office of the Legislative Auditor. In conducting its work, the working group may
consult with the MN.IT Office of Accessibility; the Commission of Deaf, Deafblind and
Hard of Hearing; the Minnesota Council on Disability; State Services for the Blind; and
other groups that may be of assistance. Appointments to the working group must be made
by July 1, 2021.
new text end
new text begin
(a) The employee working group must submit a report to the
chairs and ranking minority members of the legislative committees with jurisdiction over
rules and to the chair and vice-chair of the Legislative Coordinating Commission by January
15, 2023. The report must:
new text end
new text begin
(1) identify ways the legislature's accessibility measures do not meet accessibility
standards applicable to state agencies under Minnesota Statutes, section 16E.03, subdivision
9;
new text end
new text begin
(2) identify issues and technologies that may present barriers to compliance;
new text end
new text begin
(3) suggest a compliance exception process;
new text end
new text begin
(4) describe a plan to update the legislature's accessibility measures to be comparable
to those required of state agencies under Minnesota Statutes, section 16E.03, subdivision
9; and
new text end
new text begin
(5) estimate the costs for updates to the legislature's accessibility measures.
new text end
new text begin
(b) For purposes of this report, the employee working group does not need to consider
making archived documents, recordings, or publications accessible.
new text end
new text begin
The executive director of the Legislative Coordinating
Commission must convene the first meeting of the working group by August 15, 2021. At
the first meeting, the members must elect a chair.
new text end
new text begin
Members serve without compensation but
may be reimbursed for expenses.
new text end
new text begin
The Legislative Coordinating Commission must
provide administrative support to the working group.
new text end
new text begin
The working group expires January 15, 2023, or a later date selected
by agreement of the appointing authorities in subdivision 1, but not later than January 15,
2028.
new text end
new text begin
This section is effective June 1, 2021.
new text end
new text begin
The third Friday in September of each year is designated as Prisoners of War (POW)
and Missing in Action (MIA) Recognition Day to honor and recognize the courage and
sacrifices of individuals from Minnesota who have been prisoners of war or who are missing
in action. Each year, the governor shall issue a proclamation honoring this observance.
new text end
new text begin
The first Saturday of every October is designated Veterans Suicide Awareness Day.
Each year, the governor shall issue a proclamation honoring this observance.
new text end
new text begin
(a) June 30 of each year is designated American Allies Day for the purpose of honoring
foreign-born persons who fought in conflicts around the world on behalf of and alongside
the United States armed forces.
new text end
new text begin
(b) Each year the governor shall issue a proclamation honoring this observance.
new text end
new text begin
(c) Schools are encouraged to offer instruction on the role of America's allies during its
military conflicts, including but not limited to sharing the stories of those who fought for
freedom and democracy against tyranny and despotism with special emphasis on those who
fought on behalf of American allies or alongside American armed forces and later emigrated
to Minnesota.
new text end
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2018, section 196.05, subdivision 1, is amended to read:
The commissioner shall:
(1) act as the agent of a resident of the state having a claim against the United States for
benefits arising out of or by reason of service in the armed forces and prosecute the claim
without charge;
(2) act as custodian of veterans' bonus records;
(3) administer the laws relating to the providing of bronze flag holders at veterans' graves
for memorial purposes;
(4) administer the laws relating to recreational or rest camps for veterans so far as
applicable to state agencies;
(5) administer the state soldiers' assistance fund and veterans' relief fund and other funds
appropriated for the payment of bonuses or other benefits to veterans or for the rehabilitation
of veterans;
(6) cooperate with national, state, county, municipal, and private social agencies in
securing to veterans and their dependents the benefits provided by national, state, and county
laws, municipal ordinances, or public and private social agencies;
(7) provide necessary assistance where other adequate aid is not available to the dependent
family of a veteran while the veteran is hospitalized and after the veteran is released for as
long a period as is necessary as determined by the commissioner;
(8) cooperate with United States governmental agencies providing compensation,
pensions, insurance, or other benefits provided by federal law, by supplementing the benefits
prescribed therein, when conditions in an individual case make it necessary;
(9) assist dependent family members of military personnel who are called from reserve
status to extended federal active duty during a time of war or national emergency through
the state soldiers' assistance fund provided by section 197.03;
(10) exercise other powers as deleted text begin may bedeleted text end authorized and necessary to carry out deleted text begin the provisions
ofdeleted text end this chapter and deleted text begin chapterdeleted text end new text begin chaptersnew text end 197deleted text begin , consistent with that chapterdeleted text end new text begin and 198new text end ;
(11) provide information, referral, and counseling services to those veterans who may
have suffered adverse health conditions as a result of possible exposure to chemical agents;
and
(12) in coordination with the Minnesota Association of County Veterans Service Officers,
develop a written disclosure statement for use by private providers of veterans benefits
services as required under section 197.6091. At a minimum, the written disclosure statement
shall include a signature line, contact information for the department, and a statement that
veterans benefits services are offered at no cost by federally chartered veterans service
organizations and by county veterans service officers.
Minnesota Statutes 2018, section 197.603, subdivision 2, is amended to read:
Pursuant to chapter 13 the county veterans service
officer is the responsible authority with respect to all records in the officer's custody. The
data on clients' applications for assistance is private data on individuals, as defined in section
13.02, subdivision 12.new text begin The county veterans service officer may disclose to the county or
local assessor private data necessary to determine a client's eligibility for the veteran with
a disability homestead market value exclusion under section 273.13, subdivision 34.
new text end
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2018, section 273.1245, subdivision 2, is amended to read:
The assessor shall disclose the data described in subdivision 1 to
the commissioner of revenue as provided by law. The assessor shall also disclose all or
portions of the data described in subdivision 1 tonew text begin :
new text end
new text begin (1)new text end the county treasurer solely for the purpose of proceeding under the Revenue Recapture
Act to recover personal property taxes owingdeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(2) the county veterans service officer for the purpose of determining a person's eligibility
for the veteran with a disability homestead market value exclusion under section 273.13,
subdivision 34.
new text end
new text begin
This section is effective the day following final enactment.
new text end
Laws 2016, chapter 189, article 13, section 64, is amended to read:
Subject to
approval by the Capitol Area Architectural and Planning Board, the commissioner of
administration shall place a memorial on the State Capitol grounds to honor Minnesotans
awarded the Medal of Honor.
The commissioner of veterans affairs may solicit gifts, grants,
or donations of any kind from any private or public source to carry out the purposes of this
section. A Medal of Honor Memorial account is created in the special revenue fund. new text begin The
account consists of money transferred by law to the account and any other money donated,
gifted, granted, allotted, or otherwise provided to the account. new text end All gifts, grants, or donations
received by the commissioner shall be deposited in a Medal of Honor Memorial account in
the special revenue fund. Money in the account is new text begin annually new text end appropriated to the commissioner
of administration for predesign, design, construction, and ongoing maintenance of the
memorial.
deleted text begin
Money deposited in the Medal of Honor Memorial account is not
available until the commissioner of management and budget has determined an amount
sufficient to complete predesign of the memorial has been committed to the project from
nonstate sources. The commissioner of administration shall not begin construction on this
project until money in the account is sufficient to pay for all costs related to construction
and ongoing maintenance of the memorial.
deleted text end
new text begin
The USS Minneapolis-St. Paul account is established
in the gift fund. Money in the account is appropriated to the commissioner of military affairs
for the commissioning and preservation of the USS Minneapolis-St. Paul.
new text end
new text begin
The commissioner of military affairs may solicit gifts, grants,
or donations of any kind from any private or public source for the commissioning and
preservation of the USS Minneapolis-St. Paul. All gifts, grants, or donations received by
the commissioner shall be deposited in the USS Minneapolis-St. Paul account under
subdivision 1.
new text end
Minnesota Statutes 2018, section 349.12, subdivision 2, is amended to read:
"Active member" means a membernew text begin :
new text end
new text begin (1)new text end who has paid all dues to the organizationdeleted text begin ,deleted text end new text begin ;
new text end
new text begin (2)new text end who is 18 years of age or olderdeleted text begin ,deleted text end new text begin ;
new text end
new text begin (3)new text end who has equal voting rights with all other membersdeleted text begin ,deleted text end new text begin ;
new text end
new text begin (4)new text end who has equal opportunity to be an elected officerdeleted text begin ,deleted text end new text begin ;
new text end
new text begin (5)new text end who has equal right and responsibilities of attendance at the regularly scheduled
meetings of the organizationdeleted text begin ,deleted text end new text begin ;
new text end
new text begin (6)new text end whose name and membership origination date appear with the member's knowledge
and consent on a list of members of the organizationdeleted text begin ,deleted text end new text begin ;new text end and
new text begin (7)new text end who has been a member of the organization for at least deleted text begin six monthsdeleted text end new text begin the most recent
90 daysnew text end .
Minnesota Statutes 2018, section 349.17, subdivision 6, is amended to read:
The price of a face played on an electronic bingo device
may not be less than the price of a face on a bingo paper sheet sold for the same game at
the same occasion. new text begin Bingo gift certificates must only be sold for face value. new text end A game of bingo
begins with the first letter and number called or displayed. Each player must cover, mark,
or activate the numbers when bingo numbers are randomly selected and announced or
displayed to the players. The game is won when a player, using bingo paper, bingo hard
card, or a facsimile of a bingo paper sheet, has completed, as described in the bingo program,
a previously designated pattern or previously determined requirements of the game and
declared bingo. A bingo pattern or bingo game requirement may not be completed with
fewer than three bingo numbers having been drawn, unless the game being played is a
cover-none game. The game is completed when a winning card, sheet, or facsimile is verified
and a prize awarded pursuant to subdivision 3.
Minnesota Statutes 2018, section 349.181, subdivision 5, is amended to read:
The lessor's immediate family may not participate
directly or indirectly as a player in a pull-tab, new text begin a new text end tipboard, deleted text begin ordeleted text end new text begin a new text end paddlewheelnew text begin , or an electronic
linked bingonew text end game conducted at that premises.
Minnesota Statutes 2018, section 349.19, subdivision 1, is amended to read:
new text begin (a) new text end A licensed organization must keep a
record of each occasion on which it conducts gambling, including each bingo occasion and
each day on which other forms of lawful gambling are conducted. The record must include
gross receipts, quantities of free plays if any, expenses, prizes, and gross profit. The board
may by rule provide for the methods by which expenses are documented.
new text begin (b)new text end In the case of bingodeleted text begin ,deleted text end new text begin :
new text end
new text begin (1)new text end gross receipts must be compared to the checkers' records for the occasion by a person
who did not sell cards for the occasiondeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(2) the organization must keep a bingo gift certificate log showing each bingo gift
certificate number, the face value, the date sold, and the date redeemed.
new text end
new text begin (c)new text end Separate records must be kept for bingo and all other forms of lawful gambling.
Minnesota Statutes 2018, section 349.19, subdivision 2, is amended to read:
(a) Gross receipts from lawful gambling by each organization must
be segregated from all other revenues of the conducting organization and placed in a separate
gambling bank account.
(b) All expenditures for allowable expenses, taxes, and lawful purposes must be made
from the separate account except (1) in the case of expenditures previously approved by
the organization's membership for emergencies as defined by board rule, or (2) when
restricted to one electronic fund transaction for the payment of taxes for the organization
as a whole, the organization may transfer the amount of taxes related to the conduct of
gambling to the general account at the time when due and payable.
(c) The name and address of the bank, the account number for the separate account, and
the names of organization members authorized as signatories on the separate account must
be provided to the board when the application is submitted. Changes in the information
must be submitted to the board at least ten days before the change is made.
(d) Except as provided in paragraph (e), gambling receipts must be deposited into the
gambling bank account within four business days of completion of the bingo occasion, deal,
or game from which they are received.
(1) A deal of paper pull-tabs is considered complete when either the last pull-tab of the
deal is sold or the organization does not continue the play of the deal during the next
scheduled period of time in which the organization will conduct pull-tabs.
(2) A tipboard game is considered complete when the seal on the game flare is uncovered
or the organization does not continue the play of the deal during the next scheduled period
of time in which the organization will conduct tipboards.
(e) Gambling receipts from electronic gambling must be recorded on a daily basis and
deposited into the gambling bank accountnew text begin :
new text end
new text begin (1)new text end when the total net receipts from all electronic games at the premises reach the sum
of $2,000 deleted text begin or on or beforedeleted text end new text begin ; and
new text end
new text begin (2) within four business days ofnew text end the first day of the month immediately following the
month during which the receipts were generateddeleted text begin , whichever occurs firstdeleted text end .
(f) Deposit records must be sufficient to allow determination of deposits made from
each bingo occasion, deal, or game at each permitted premises.
(g) The person who accounts for gambling gross receipts and profits may not be the
same person who accounts for other revenues of the organization.
Minnesota Statutes 2018, section 240.01, is amended by adding a subdivision
to read:
new text begin
"Racing or gaming-related vendor"
means any person or entity that manufactures, sells, provides, distributes, repairs or maintains
equipment or supplies used at a Class A facility, or provides services to a Class A facility
or Class B license holder that are directly related to the running of a horse race, simulcasting,
pari-mutuel betting, or card playing.
new text end
Minnesota Statutes 2018, section 240.02, subdivision 2, is amended to read:
A member of the commission must have been a resident of
Minnesota for at least five years before appointment, and must have a background and
experience as would qualify for membership on the commission. deleted text begin A member must, before
taking a place on the commission, file a bond in the principal sum of $100,000 payable to
the state, conditioned upon the faithful performance of duties.deleted text end No commissioner, nor any
member of the commissioner's immediate family residing in the same household, may hold
a license issued by the commission or have a direct or indirect financial interest in a
corporation, partnership, or association which holds a license issued by the commission.
Minnesota Statutes 2018, section 240.02, subdivision 6, is amended to read:
The commission shall on February 15 of each
new text begin odd-numbered new text end year submit a report to the governor and legislature on its activities,
organizational structure, receipts and disbursementsnew text begin , including specific detail on the use of
amounts statutorily appropriated to the commission under this chapternew text end , and recommendations
for changes in the laws relating to racing and pari-mutuel betting.
Minnesota Statutes 2018, section 240.08, subdivision 5, is amended to read:
(a)new text begin After providing a licensee with notice and an
opportunity to be heard,new text end the commission maynew text begin :
new text end
new text begin (1)new text end revoke a class C license for a violation of law or rule which in the commission's
opinion adversely affects the integrity of horse racing in Minnesota, the public health,
welfare, or safety, or for an intentional false statement made in a license applicationdeleted text begin .deleted text end new text begin ; or
new text end
deleted text begin The commission maydeleted text end new text begin (2)new text end suspend a class C license for up to deleted text begin one yeardeleted text end new text begin five yearsnew text end for a
violation of law, order or rule.new text begin If the license expires during the term of suspension, the
licensee shall be ineligible to apply for another license from the commission until the
expiration of the term of suspension.
new text end
new text begin (b) new text end The commission may delegate to its designated agents the authority to impose
suspensions of class C licensesdeleted text begin , anddeleted text end new text begin .
new text end
new text begin (c) Except as provided in paragraph (d),new text end the deleted text begin revocation ordeleted text end suspension of a class C license
may be appealed to the commission according to its rules.
deleted text begin
(b) A license revocation or suspension for more than 90 days is a contested case under
sections 14.57 to 14.69 of the Administrative Procedure Act and is in addition to criminal
penalties imposed for a violation of law or rule.
deleted text end
new text begin
(d) If the commission revokes or suspends a class C license for more than one year, the
licensee has the right to appeal by requesting a contested case hearing under chapter 14.
The request must be made in writing and sent to the commission by certified mail or personal
service. A request sent by certified mail must be postmarked within ten days after the licensee
receives the order of revocation or suspension from the commission. A request sent by
personal service must be received by the commission within ten days after the licensee
receives the order of revocation or suspension from the commission.
new text end
new text begin (e) new text end The commission may summarily suspend a license for deleted text begin more thandeleted text end new text begin up tonew text end 90 days deleted text begin prior
to a contested case hearingdeleted text end where it is necessary to ensure the integrity of racing or to protect
the public health, welfare, or safety. deleted text begin A contested case hearing must be held within 30 days
of the summary suspension and the administrative law judge's report must be issued within
30 days from the close of the hearing record. In all cases involving summary suspension
the commission must issue its final decision within 30 days from receipt of the report of
the administrative law judge and subsequent exceptions and argument under section 14.61.deleted text end new text begin
The licensee has the right to appeal a summary suspension to the commission according to
its rules.
new text end
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2018, section 240.10, is amended to read:
(a) The fee for a class A license is $253,000 per year and must be remitted on July 1.
The fee for a class B license is $500 for each assigned racing day and $100 for each day on
which simulcasting is authorized and must be remitted on July 1. The fee for a class D
license is $50 for each assigned racing day on which racing is actually conducted. Fees
imposed on class D licenses must be paid to the commission at a time and in a manner as
provided by rule of the commission.
(b) The commission shall by rule establish an annual license fee for each occupation it
licenses under section 240.08.
(c) The initial annual license application fee for a class C license to provide advance
deposit wagering on horse racing under this chapter is $10,000 and an annual license fee
of $2,500 applies thereafter.
new text begin
(d) Notwithstanding section 16A.1283, the commission shall by rule establish an annual
license fee for each type of racing or gaming-related vendor it licenses, not to exceed $2,500.
new text end
Minnesota Statutes 2018, section 240.12, is amended to read:
The commission may enter into agreementsnew text begin or compactsnew text end with comparable bodies in
other racing jurisdictions for the mutual recognition of occupational licenses issued by each
body. The commission may by rule provide for and may charge a fee for the registration of
each license issued in another jurisdiction.
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2018, section 240.13, subdivision 5, is amended to read:
(a) From the amounts deducted from all pari-mutuel pools by a licensee,new text begin
including breakage,new text end an amount equal to not less than the following percentages of all money
in all pools must be set aside by the licensee and used for purses for races conducted by the
licensee, provided that a licensee may agree by contract with an organization representing
a majority of the horsepersons racing the breed involved to set aside amounts in addition
to the following percentages, if the contract is in writing and deleted text begin filed withdeleted text end new text begin reviewed bynew text end the
commissionnew text begin for compliance with this subdivisionnew text end :
(1) for live races conducted at a class A facility, 8.4 percent of handle;
(2) for simulcasts conducted any day a class A facility is licensed, not less than 37 percent
of the deleted text begin takeoutdeleted text end new text begin amountnew text end remaining after deduction for the state pari-mutuel tax, payment to
the breeders fund, and payment to the sending out-of-state racetrack for receipt of the signal.
The commission may by rule provide for the administration and enforcement of this
subdivision. The deductions for payment to the sending out-of-state racetrack must be actual,
except that when there exists any overlap of ownership, control, or interest between the
sending out-of-state racetrack and the receiving licensee, the deduction must not be greater
than three percent unless agreed to between the licensee and the horsepersons' organization
representing the majority of horsepersons racing the breed racing the majority of races
during the existing racing meeting or, if outside of the racing season, during the most recent
racing meeting.
The licensee shall pay to the commission for deposit in the Minnesota breeders fund
5-1/2 percent of the takeout from all pari-mutuel pools generated by wagering at the licensee's
facility on simulcasts of races not conducted in this state.
(b) deleted text begin From the money set aside for purses,deleted text end The licensee shall pay to the horseperson's
organization representing the majority of the horsepersons racing the breed involved and
contracting with the licensee with respect to purses and the conduct of the racing meetings
and providing representation to its members, an amount as may be determined by agreement
by the licensee and the horsepersons' organization sufficient to provide benevolent programs,
benefits, and services for horsepersons and their on-track employees. The amount paid may
be deducted deleted text begin onlydeleted text end from the money set aside for purses to be paid in races for the breed
represented by the horseperson's organizationnew text begin or may be paid from breakage retained by
the licensee from live or simulcast wagering as agreed between the licensee and horsepersons'
organizationnew text end . With respect to racing meetings where more than one breed is racing, the
licensee may contract independently with the horseperson's organization representing each
breed racing.new text begin The contract must be in writing and reviewed by the commission for compliance
with this subdivision.
new text end
(c) Notwithstanding sections 325D.49 to 325D.66, a horseperson's organization
representing the majority of the horsepersons racing a breed at a meeting, and the members
thereof, may agree to withhold horses during a meeting.
(d) Money set aside for purses from wagering on simulcasts must be used for purses for
live races involving the same breed involved in the simulcast except that money set aside
for purses and payments to the breeders fund from wagering on simulcasts of races not
conducted in this state, occurring during a live mixed meet, must be allotted to the purses
and breeders fund for each breed participating in the mixed meet as agreed upon by the
breed organizations participating in the live mixed meet. The agreement shall be in writing
and deleted text begin filed withdeleted text end new text begin reviewed bynew text end the commissionnew text begin for compliance with this subdivisionnew text end prior to
the first day of the live mixed meet. In the absence of a written agreement deleted text begin filed withdeleted text end new text begin reviewed
bynew text end the commission, the money set aside for purses and payments to the breeders fund from
wagering on simulcasts, occurring during a live mixed meet, shall be allotted to each breed
participating in the live mixed meet in the same proportion that the number of live races
run by each breed bears to the total number of live races conducted during the period of the
mixed meet.
(e) The allocation of money set aside for purses to particular racing meets may be
adjusted, relative to overpayments and underpayments, by contract between the licensee
and the horsepersons' organization representing the majority of horsepersons racing the
breed involved at the licensee's facility.new text begin The contract must be in writing and reviewed by
the commission for compliance with this subdivision.
new text end
(f) Subject to the provisions of this chapter, money set aside from pari-mutuel pools for
purses must be for the breed involved in the race that generated the pool, except that if the
breed involved in the race generating the pari-mutuel pool is not racing in the current racing
meeting, or has not raced within the preceding 12 months at the licensee's class A facility,
money set aside for purses may be distributed proportionately to those breeds that have run
during the preceding 12 months or paid to the commission and used for purses or to promote
racing for the breed involved in the race generating the pari-mutuel pool, or both, in a manner
prescribed by the commission.
(g) This subdivision does not apply to a class D licensee.
Minnesota Statutes 2018, section 240.131, subdivision 7, is amended to read:
(a) A regulatory fee is imposed at the rate of one percent
of all amounts wagered by Minnesota residents with an authorized advance deposit wagering
provider. The fee shall be declared on a form prescribed by the commission. The ADW
provider must pay the fee to the commission no more than deleted text begin sevendeleted text end new text begin 15new text end days after the end of
the month in which the wager was made. Fees collected under this paragraph must be
deposited in the state treasury and credited to a racing and card-playing regulation account
in the special revenue fund and are appropriated to the commission to offset the costs
associated with regulating horse racing and pari-mutuel wagering in Minnesota.
(b) A breeders fund fee is imposed in the amount of one-quarter of one percent of all
amounts wagered by Minnesota residents with an authorized advance deposit wagering
provider. The fee shall be declared on a form prescribed by the commission. The ADW
provider must pay the fee to the commission no more than deleted text begin sevendeleted text end new text begin 15new text end days after the end of
the month in which the wager was made. Fees collected under this paragraph must be
deposited in the state treasury and credited to a racing and card-playing regulation account
in the special revenue fund and are appropriated to the commission to offset the cost of
administering the breeders fund and promote horse breeding in Minnesota.
Minnesota Statutes 2018, section 240.135, is amended to read:
(a) From the amounts received from charges authorized under section 240.30, subdivision
4, the licensee shall set aside the amounts specified in this section to be used for purse
payments. These amounts are in addition to the breeders fund and purse requirements set
forth elsewhere in this chapter.
(1) For amounts between zero and $6,000,000, the licensee shall set aside not less than
ten percent to be used as purses.
(2) For amounts in excess of $6,000,000, the licensee shall set aside not less than 14
percent to be used as purses.
(b) From all amounts set aside under paragraph (a), the licensee shall set aside ten percent
to be deposited in the breeders fund.
(c) It is the intent of the legislature that the proceeds of the card playing activities
authorized by this chapter be used to improve the horse racing industry by improving purses.
The licensee and the horseperson's organization representing the majority of horsepersons
who have raced at the racetrack during the preceding 12 months may negotiate percentages
that exceed those stated in this section if the agreement is in writing and deleted text begin filed withdeleted text end new text begin reviewed
bynew text end the commissionnew text begin for compliance with this sectionnew text end . The commission shall annually review
the financial details of card playing activities and determine if the present use of card playing
proceeds is consistent with the policy established by this paragraph. If the commission
determines that the use of the proceeds does not comply with the policy set forth herein,
then the commission shall direct the parties to make the changes necessary to ensure
compliance. If these changes require legislation, the commission shall make the appropriate
recommendations to the legislature.
Minnesota Statutes 2018, section 240.15, subdivision 6, is amended to read:
The commission shall distribute all money
received under this section, and, except as provided otherwise by section 240.131, all money
received from license feesnew text begin , regulatory fees,new text end and fines it collects, according to this subdivision.
All money designated for deposit in the Minnesota breeders fund must be paid into that
fund for distribution under section 240.18 except that all money generated by simulcasts
must be distributed as provided in section 240.18, subdivisions 2, paragraph (d), clauses
(1), (2), and (3); and 3. Revenue from an admissions tax imposed under subdivision 1 must
be paid to the local unit of government at whose request it was imposed, at times and in a
manner the commission determines. Taxes received under this section must be paid to the
commissioner of management and budget for deposit in the general fund. All revenues from
licenses and other fees imposed by the commission must be deposited in the state treasury
and credited to a racing and card playing regulation account in the special revenue fund.
Receipts in this account are available for the operations of the commission up to the amount
authorized in biennial appropriations from the legislature.new text begin If a fiscal biennium ends without
the enactment of an appropriation to the commission for the following biennium, receipts
in this account are annually appropriated to the commission for the operations of the
commission up to the amount authorized in the second year of the most recently enacted
biennial appropriation, until a biennial appropriation is enacted.
new text end
Minnesota Statutes 2018, section 240.155, subdivision 1, is amended to read:
Money received by the commission as
reimbursement for the costs of services provided by veterinarians, stewards, deleted text begin anddeleted text end medical
testing of horsesnew text begin , and fees received by the commission in the form of fees for regulatory
servicesnew text end must be deposited in the state treasury and credited to a racing reimbursement
accountnew text begin in the special revenue fundnew text end , except as provided under subdivision 2. Receipts are
appropriatednew text begin , within the meaning of Article XI, section 1, of the Minnesota Constitution,new text end
to the commission to pay the costs of providing the servicesnew text begin and all other costs necessary
to allow the commission to fulfill its regulatory oversight duties required by chapter 240
and commission rule. If the major appropriation bills needed to finance state government
are not enacted by the beginning of a fiscal biennium, the commission shall continue
operations as required by chapter 240 and commission rulenew text end .
new text begin
If, by July 1 of an odd-numbered year, legislation has not been enacted to appropriate
money for the next biennium to the commissioner of management and budget for central
accounting, procurement, payroll, and human resources functions, amounts necessary to
operate those functions associated with operation of the Racing Commission under chapter
240 are appropriated for the next biennium from the general fund to the commissioner of
management and budget. As necessary, the commissioner may transfer a portion of this
appropriation to other state agencies to support carrying out these functions. Any subsequent
appropriation to the commissioner of management and budget for a biennium in which this
section has been applied shall supersede and replace the funding authorized in this section.
new text end
Minnesota Statutes 2018, section 240.16, subdivision 1, is amended to read:
All horse races run at a licensed racetrack must be
presided over by a board of three stewards, who must be appointees of the commission or
persons approved by it. The commission shall designate one steward as chair. At least two
stewards for all races either shall be employees of the commission who shall serve in the
unclassified service, or shall be under contract with the commission to serve as stewards.
The commission may delegate the following duties and powers to a board of stewards:
(1) to ensure that races are run in accordance with the commission's rules;
(2) to supervise the conduct of racing to ensure the integrity of the sport;
(3) to settle disputes arising from the running of horse races, and to certify official results;
(4) to impose on licensees, for violation of law or commission rules, fines deleted text begin not exceeding
$5,000 and license suspensions not exceeding 90 daysdeleted text end new text begin of up to $10,000, suspensions of up
to one year, and other sanctions as delegated by the commission or permitted under its rulesnew text end ;
(5) to recommend to the commission where warranted penalties in excess of those in
clause (4);
(6) to otherwise enforce the laws and rules of racing; and
(7) to perform other duties and have other powers assigned by the commission.
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2018, section 240.16, subdivision 2, is amended to read:
new text begin Except as provided by section 240.08, subdivision 5, new text end a
ruling of a board of stewards may be appealed to the commission deleted text begin or be reviewed by itdeleted text end new text begin . The
commission may review any ruling by the board of stewardsnew text end on its own initiative. The
commission may provide for appeals to be heard by less than a quorum of the commission.
A hearing on a penalty imposed by a board of stewards must be granted on request.
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2018, section 240.18, subdivision 2, is amended to read:
(a) With respect to available
money apportioned in the thoroughbred and quarterhorse categories, 20 percent must be
expended as follows:
(1) at least one-half in the form of grants, contracts, or expenditures for equine research
and related education at deleted text begin the University of Minnesota School of Veterinary Medicinedeleted text end new text begin public
institutions of postsecondary learning in the statenew text end ; and
(2) the balance in the form of grants, contracts, or expenditures for one or more of the
following:
(i) additional equine research and related education;
(ii) substance abuse programs for licensed personnel at racetracks in this state; and
(iii) promotion and public information regarding industry and commission activities;
racehorse breeding, ownership, and management; and development and expansion of
economic benefits from racing.
(b) As a condition of a grant, contract, or expenditure under paragraph (a), the commission
shall require an annual report from the recipient on the use of the funds deleted text begin to the commission,
the chair of the house of representatives Committee on General Legislation, Veterans Affairs,
and Gaming, and the chair of the senate committee on Gaming Regulationdeleted text end .
(c) The commission shall include in its deleted text begin annualdeleted text end new text begin biennialnew text end report a summary of each grant,
contract, or expenditure under paragraph (a), clause (2), and a description of how the
commission has coordinated activities among recipients to ensure the most efficient and
effective use of funds.
(d) After deducting the amount for paragraph (a), the balance of the available proceeds
in each category may be expended by the commission to:
(1) supplement purses for races held exclusively for Minnesota-bred or Minnesota-foaled
horses, and supplement purses for Minnesota-bred or Minnesota-foaled horses racing in
nonrestricted races in that category;
(2) pay breeders' or owners' awards to the breeders or owners of Minnesota-bred horses
in that category which win money at deleted text begin licenseddeleted text end new text begin pari-mutuelnew text end racetracks deleted text begin in the statedeleted text end new text begin licensed
by any state or provincenew text end ; and
(3) provide other financial incentives to encourage the horse breeding industry in
Minnesota.
Minnesota Statutes 2018, section 240.18, subdivision 3, is amended to read:
(a) With respect to the available money apportioned
in the standardbred category, 20 percent must be expended as follows:
(1) one-half of that amount to supplement purses for standardbreds at non-pari-mutuel
racetracks in the state;new text begin and
new text end
deleted text begin
(2) one-fourth of that amount for the development of non-pari-mutuel standardbred
tracks in the state; and
deleted text end
deleted text begin (3) one-fourthdeleted text end new text begin (2) one-halfnew text end of that amount as grants for equine research and related
education at public institutions of postsecondary learning in the state.
(b) After deducting the amount for paragraph (a), the balance of the available proceeds
in the standardbred category must be expended by the commission to:
(1) supplement purses for races held exclusively for Minnesota-bred and Minnesota-foaled
standardbreds;
(2) pay breeders or owners awards to the breeders or owners of Minnesota-bred
standardbreds which win money at licensed racetracks in the state; and
(3) provide other financial incentives to encourage the horse breeding industry in
Minnesota.
Minnesota Statutes 2018, section 240.22, is amended to read:
(a) The commission shall by rule establish a schedule of civil finesnew text begin of up to $50,000 for
a class C licensee and up to $200,000 for a class A, B, or D licenseenew text end for violations of laws
related to horse racing or of the commission's rules. The schedule must be based on and
reflect the culpability, frequency and severity of the violator's actions. The commission may
impose a fine from this schedule on a licensee for a violation of those rules or laws relating
to horse racing. The fine is in addition to any criminal penalty imposed for the same violation.new text begin
Except as provided in paragraph (b), fines may be appealed to the commission according
to its rules.new text end Fines imposed by the commission must be paid to the commission and except
as provided in paragraph (c), forwarded to the commissioner of management and budget
for deposit in the state treasury and credited to a racing and card-playing regulation account
in the special revenue fund and appropriated to the commission to new text begin distribute in the form of
grants, contracts, or expenditures to new text end support racehorse adoption, retirement, and repurposing.
(b) If the commission issues a fine in excess of deleted text begin $5,000deleted text end new text begin $10,000new text end , the license holder has
the right to request a contested case hearing under chapter 14, to be held as set forth in
Minnesota Rules, chapter 1400. The appeal of a fine must be made in writing to the
commission by certified mail or personal service. An appeal sent by certified mail must be
postmarked within ten days after the license holder receives the fine order from the
commission. An appeal sent by personal service must be received by the commission within
ten days after the license holder receives the fine order from the commission.
(c) If the commission is the prevailing party in a contested case proceeding, the
commission may recover, from amounts to be forwarded under paragraph (a), reasonable
attorney fees and costs associated with the contested case.
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2018, section 240.27, is amended to read:
The commission may exclude from any and all licensed
racetracks in the state a person who:
(1) has been convicted of a felony under the laws of any state or the United States;
(2) has had a license suspended, revoked, or denied by the commission or by the racing
authority of any other jurisdiction; or
(3) is determined by the commission, on the basis of evidence presented to it, to be a
threat tonew text begin the public safety ornew text end the integrity of racingnew text begin or card playingnew text end in Minnesota.
An order to exclude deleted text begin adeleted text end new text begin an unlicensednew text end person from any or all
licensed racetracks in the state must be made by the commission deleted text begin atdeleted text end new text begin followingnew text end a public
hearing of which the person to be excluded must havenew text begin hadnew text end at least five days' notice. If present
at the hearing, the person must be permitted to show cause why the exclusion should not
be ordered. An appeal of the order may be made in the same manner as other appeals under
section 240.20.
Upon issuing an order excluding a person from any or
all licensed racetracks, the commission shall send a copy of the order to the excluded person
and to all racetracks or teleracing facilities named in it, along with other information as it
deems necessary to permit compliance with the order.
It is a gross misdemeanor for a person named in an exclusion
order to enter, attempt to enter, or be on the premises of a racetrack named in the order
while it is in effect, and for a person licensed to conduct racing or operate a racetrack
knowingly to permit an excluded person to enter or be on the premises.
deleted text begin
The holder of a license to conduct racing may eject
and exclude from its premises any licensee or any other person who is in violation of any
state law or commission rule or order or who is a threat to racing integrity or the public
safety. A person so excluded from racetrack premises may appeal the exclusion to the
commission and must be given a public hearing on the appeal upon request. At the hearing
the person must be given the opportunity to show cause why the exclusion should not have
been ordered. If the commission after the hearing finds that the integrity of racing and the
public safety do not justify the exclusion, it shall order the racetrack making the exclusion
to reinstate or readmit the person. An appeal of a commission order upholding the exclusion
is governed by section 240.20.
deleted text end
new text begin
A licensed racetrack may eject and exclude from its premises
any person for any lawful reason. If a licensed racetrack excludes a person for a suspected
or potential violation of law or rule, or if a licensed racetrack excludes any person for more
than five days, the licensed racetrack shall provide the person's name and reason for the
exclusion to the commission within 72 hours.
new text end
Minnesota Statutes 2018, section 326A.01, subdivision 2, is amended to read:
"Attest" means providing any of the following services:
(1) an audit or other engagement performed in accordance with the Statements on
Auditing Standards (SAS);
(2) new text begin an audit or other engagement performed in accordance with the Generally Accepted
Government Auditing Standards (GAGAS);
new text end
new text begin (3) new text end a review of a financial statement performed in accordance with the Statements on
Standards for Accounting and Review Services (SSARS);
deleted text begin (3)deleted text end new text begin (4)new text end an examination of prospective financial information performed in accordance
with the Statements on Standards for Attestation Engagements (SSAE);
deleted text begin (4)deleted text end new text begin (5)new text end an engagement performed in accordance with the standards of the Public Company
Accounting Oversight Board (PCAOB); and
deleted text begin (5)deleted text end new text begin (6)new text end an examination, review, or agreed-upon procedures engagement performed in
accordance with SSAE, other than an examination described in clause (3).
Minnesota Statutes 2018, section 326A.04, subdivision 4, is amended to read:
Each licensee shall participate in a program of learning
designed to maintain professional competency. The program of learning must comply with
rules adopted by the board. The board may by rule create an exception to this requirement
for licensees who do not perform or offer to perform for the public one or more kinds of
services involving the use of deleted text begin accounting ordeleted text end auditing skills, including issuance of reports on
deleted text begin financial statements or of one or more kinds ofdeleted text end new text begin : attest or compilation engagements,new text end
management advisorynew text begin servicesnew text end , financial advisory new text begin services, new text end or consulting servicesdeleted text begin , or the
preparation of tax returns or the furnishing of advice on tax mattersdeleted text end . A licensee granted such
an exception by the board must place the word "inactive" new text begin or "retired," if applicable, new text end adjacent
to the CPA title on any business card, letterhead, or any other document or device, with the
exception of the licensee's certificate on which the CPA title appears.
Minnesota Statutes 2018, section 326A.04, subdivision 5, is amended to read:
(a) The board shall charge a fee for each application for initial issuance
or renewal of a certificate or temporary military certificate under this section as provided
in paragraph (b). deleted text begin The fee for the temporary military certificate is $100.
deleted text end
(b) The board shall charge the following fees:
(1) initial issuance of certificate, $150;
(2) renewal of certificate with an active status, $100 per year;
(3) initial CPA firm permits, except for sole practitioners, $100;
(4) renewal of CPA firm permits, except for sole practitioners and those firms specified
in clause deleted text begin (17)deleted text end new text begin (16)new text end , $35 per year;
(5) initial issuance and renewal of CPA firm permits for sole practitioners, except for
those firms specified in clause deleted text begin (17)deleted text end new text begin (16)new text end , $35 per year;
(6) annual late processing delinquency fee for permit, certificate, or registration renewal
applications not received prior to expiration date, $50;
(7) copies of records, per page, 25 cents;
(8) registration of noncertificate holders, nonlicensees, and nonregistrants in connection
with renewal of firm permits, $45 per year;
(9) applications for reinstatement, $20;
(10) initial registration of a registered accounting practitioner, $50;
(11) initial registered accounting practitioner firm permits, $100;
(12) renewal of registered accounting practitioner firm permits, except for sole
practitioners, $100 per year;
(13) renewal of registered accounting practitioner firm permits for sole practitioners,
$35 per year;
deleted text begin
(14) CPA examination application, $40;
deleted text end
deleted text begin (15)deleted text end new text begin (14)new text end CPA examination, fee determined by third-party examination administrator;
deleted text begin (16)deleted text end new text begin (15)new text end renewal of certificates with an inactive status, $25 per year; deleted text begin and
deleted text end
deleted text begin (17)deleted text end new text begin (16)new text end renewal of CPA firm permits for firms that have one or more offices located
in another state, $68 per yearnew text begin ; and
new text end
new text begin (17) temporary military certificate, $100new text end .
new text begin
The board shall grant retired status to a
person who meets the following criteria:
new text end
new text begin
(1) is age 55 or older;
new text end
new text begin
(2) holds a current active license to practice public accounting under this chapter with
a license status of active, inactive, or exempt under Minnesota Rules, part 1105.3700;
new text end
new text begin
(3) declares that he or she is not practicing public accounting in any jurisdiction;
new text end
new text begin
(4) was in good standing with the board at the time the person last held a license under
this chapter; and
new text end
new text begin
(5) submits an application for retired status on a form provided by the board.
new text end
new text begin
Retired status is an honorific status. Retired status is not
a license to engage in the practice of public accounting. A person granted retired status shall
not perform or offer to perform services for which a license under this chapter is required.
new text end
new text begin
The board shall provide to a person granted retired
status a document stating that retired status has been granted.
new text end
new text begin
A person granted retired status may represent
themselves as "Certified Public Accountant - Retired," "CPA - Retired," "Retired Certified
Public Accountant," or "Retired CPA," but shall not represent themselves or allow themselves
to be represented to the public as a current licensee of the board.
new text end
new text begin
A person is not required to comply with
the continuing education requirements in section 326A.04, subdivision 4, to acquire or
maintain retired status.
new text end
new text begin
A person granted retired status is not required to renew
the person's registration or pay renewal fees to maintain retired status.
new text end
new text begin
The board shall change a license status
from retired to active or inactive if a person with retired status requests a status change and
meets requirements for reactivation prescribed by rule.
new text end
Minnesota Statutes 2018, section 326A.08, subdivision 4, is amended to read:
(a) The board, or the complaint committee if
authorized by the board, may issue and have served upon a certificate holder, a permit
holder, a registration holder, a person with practice privileges granted under section 326A.14,
a person who has previously been subject to a disciplinary order by the board, or an
unlicensed firm or person an order requiring the person or firm to cease and desist from the
act or practice constituting a violation of the statute, rule, or order. The order must be
calculated to give reasonable notice of the rights of the person or firm to request a hearing
and must state the reasons for the entry of the order. No order may be issued until an
investigation of the facts has been conducted pursuant to section 214.10.
(b) Service of the order deleted text begin is effective when the order is served on the person, firm, or
counsel of record personally, or by certified mail to the most recent address provided to the
board for the person, firm, or counsel of record.deleted text end new text begin may be by first class United States mail,
including certified United States mail, or overnight express mail service, postage prepaid
and addressed to the party at the party's last known address. Service by United States mail,
including certified mail, is complete upon placing the order in the mail or otherwise delivering
the order to the United States mail service. Service by overnight express mail service is
complete upon delivering the order to an authorized agent of the express mail service.
new text end
(c) Unless otherwise agreed by the board, or the complaint committee if authorized by
the board, and the person or firm requesting the hearing, the hearing must be held no later
than 30 days after the request for the hearing is received by the board.
(d) The administrative law judge shall issue a report within 30 days of the close of the
contested case hearing record, notwithstanding Minnesota Rules, part 1400.8100, subpart
3. Within 30 days after receiving the report and any exceptions to it, the board shall issue
a further order vacating, modifying, or making permanent the cease and desist orders as the
facts require.
(e) If no hearing is requested within 30 days of service of the order, the order becomes
final and remains in effect until it is modified or vacated by the board.
(f) If the person or firm to whom a cease and desist order is issued fails to appear at the
hearing after being duly notified, the person or firm is in default and the proceeding may
be determined against that person or firm upon consideration of the cease and desist order,
the allegations of which may be considered to be true.
(g) In lieu of or in addition to the order provided in paragraph (a), the board may require
the person or firm to provide to the board a true and complete list of the person's or firm's
clientele so that they can, if deemed necessary, be notified of the board's action. Failure to
do so, or to provide an incomplete or inaccurate list, is an act discreditable.
Minnesota Statutes 2018, section 326A.08, subdivision 5, is amended to read:
(a) The board may, by order, deny, refuse
to renew, suspend, temporarily suspend, or revoke the application, or practice privileges,
registration or certificate of a person or firm; censure or reprimand the person or firm;
prohibit the person or firm from preparing tax returns or reporting on financial statements;
limit the scope of practice of any licensee; limit privileges under section 326A.14; refuse
to permit a person to sit for examination; or refuse to release the person's examination grades
if the board finds that the order is in the public interest and that, based on a preponderance
of the evidence presented, the person or firm:
(1) has violated a statute, rule, or order that the board has issued or is empowered to
enforce;
(2) has engaged in conduct or acts that are fraudulent, deceptive, or dishonest whether
or not the conduct or acts relate to performing or offering to perform professional services,
providing that the fraudulent, deceptive, or dishonest conduct or acts reflect adversely on
the person's or firm's ability or fitness to provide professional services;
(3) has engaged in conduct or acts that are negligent or otherwise in violation of the
standards established by board rule, where the conduct or acts relate to providing professional
services, including in the filing or failure to file the licensee's income tax returns;
(4) has been convicted of, has pled guilty or nolo contendere to, or has been sentenced
as a result of the commission of a felony or crime, an element of which is dishonesty or
fraud; has been shown to have or admitted to having engaged in acts or practices tending
to show that the person or firm is incompetent; or has engaged in conduct reflecting adversely
on the person's or firm's ability or fitness to provide professional services, whether or not
a conviction was obtained or a plea was entered or withheld and whether or not dishonesty
or fraud was an element of the conduct;
(5) employed fraud or deception in obtaining a certificate, permit, registration, practice
privileges, renewal, or reinstatement or in passing all or a portion of the examination;
(6) has had the person's or firm's permit, registration, practice privileges, certificate,
right to examine, or other similar authority revoked, suspended, canceled, limited, or not
renewed for cause, or has committed unprofessional acts for which the person or firm was
otherwise disciplined or sanctioned, including, but not limited to, being ordered to or agreeing
to cease and desist from prescribed conduct, in any state or any foreign country;
(7) has had the person's or firm's right to practice before any federal, state, other
government agency, or Public Company Accounting Oversight Board revoked, suspended,
canceled, limited, or not renewed for cause, or has committed unprofessional acts for which
the person or firm was otherwise disciplined or sanctioned, including, but not limited to,
being ordered to or agreeing to cease and desist from prescribed conduct;
(8) failed to meet any requirement for the issuance or renewal of the person's or firm's
certificate, registration or permit, or for practice privileges;
(9) with respect to temporary suspension orders, has committed an act, engaged in
conduct, or committed practices that may result or may have resulted, in the opinion of the
board or the complaint committee if authorized by the board, in an immediate threat to the
public;
(10) has engaged in any conduct reflecting adversely upon the person's or firm's fitness
to perform services while a licensee, individual granted privileges under section 326A.14,
or a person registered under section 326A.06, paragraph (b); or
(11) has, prior to a voluntary surrender of a certificate or permit to the board, engaged
in conduct which at any time resulted in the discipline or sanction described in clause (6)
or (7).
(b) In lieu of or in addition to any remedy provided in paragraph (a), the board, or the
complaint committee if authorized by the board, may require, as a condition of continued
possession of a certificate, a registration, or practice privileges, termination of suspension,
reinstatement of permit, registration of a person or firm or of practice privileges under
section 326A.14, a certificate, an examination, or release of examination grades, that the
person or firm:
(1) submit to a peer review of the person's or firm's ability, skills, or quality of work,
conducted in a fashion and by persons, entity, or entities as required by the board; and
(2) complete to the satisfaction of the board continuing professional education courses
specified by the board.
(c) Service of the order deleted text begin is effective if the order is served on the person, firm, or counsel
of record personally or by certified mail to the most recent address provided to the board
for the person, firm, or counsel of record.deleted text end new text begin may be by first class United States mail, including
certified United States mail, or overnight express mail service, postage prepaid and addressed
to the party at the party's last known address. Service by United States mail, including
certified mail, is complete upon placing the order in the mail or otherwise delivering the
order to the United States mail service. Service by overnight express mail service is complete
upon delivering the order to an authorized agent of the express mail service.new text end The order shall
state the reasons for the entry of the order.
(d) All hearings required by this subdivision must be conducted in accordance with
chapter 14 except with respect to temporary suspension orders as provided for in subdivision
6.
(e) In addition to the remedies authorized by this subdivision, the board, or the complaint
committee if authorized by the board, may enter into an agreement with the person or firm
for corrective action and may unilaterally issue a warning to a person or firm.
(f) The board shall not use agreements for corrective action or warnings in any situation
where the person or firm has been convicted of or pled guilty or nolo contendere to a felony
or crime and the felony or crime is the basis of the board's action against the person or firm,
where the conduct of the person or firm indicates a pattern of related violations of paragraph
(a) or the rules of the board, or where the board concludes that the conduct of the person or
firm will not be deterred other than by disciplinary action under this subdivision or
subdivision 4 or 6.
(g) Agreements for corrective action may be used by the board, or the complaint
committee if authorized by the board, where the violation committed by the person or firm
does not warrant disciplinary action pursuant to this subdivision or subdivision 4 or 6, but
where the board, or the complaint committee if authorized by the board, determines that
corrective action is required to prevent further such violations and to otherwise protect the
public. Warnings may be used by the board, or the complaint committee if authorized by
the board, where the violation of the person or firm is de minimus, does not warrant
disciplinary action under this subdivision or subdivision 4 or 6, and does not require
corrective action to protect the public.
(h) Agreements for corrective action must not be considered disciplinary action against
the person's or firm's application, permit, registration or certificate, or practice privileges
under section 326A.14. However, agreements for corrective action are public data. Warnings
must not be considered disciplinary action against the person's or firm's application, permit,
registration, or certificate or person's practice privileges and are private data.
Minnesota Statutes 2018, section 326A.08, is amended by adding a subdivision to
read:
new text begin
If a person's or firm's
permit, registration, practice privileges, license, certificate, or other similar authority lapses,
expires, is surrendered, withdrawn, terminated, canceled, limited, not renewed, or otherwise
becomes invalid, the board may institute a proceeding under this subdivision within two
years after the date the license, certificate, or permit was last effective and enter a revocation
or suspension order as of the last date on which the license, certificate, or permit was in
effect, or impose a civil penalty as provided for in subdivision 7.
new text end
Minnesota Statutes 2018, section 326A.10, is amended to read:
(a) Only a licensee and individuals who have been granted practice privileges under
section 326A.14 may issue a report on financial statements of any person, firm, organization,
or governmental unit that results from providing attest services, or offer to render or render
any attest service. Only a certified public accountant, an individual who has been granted
practice privileges under section 326A.14, a CPA firm, or, to the extent permitted by board
rule, a person registered under section 326A.06, paragraph (b), may issue a report on financial
statements of any person, firm, organization, or governmental unit that results from providing
compilation services or offer to render or render any compilation service. These restrictions
do not prohibit any act of a public official or public employee in the performance of that
person's duties or prohibit the performance by any nonlicensee of other services involving
the use of accounting skills, including the preparation of tax returns, management advisory
services, and the preparation of financial statements without the issuance of reports on them.
Nonlicensees may prepare financial statements and issue nonattest transmittals or information
on them which do not purport to be in compliance with the Statements on Standards for
Accounting and Review Services (SSARS). Nonlicensees registered under section 326A.06,
paragraph (b), may, to the extent permitted by board rule, prepare financial statements and
issue nonattest transmittals or information on them.
(b) Licensees and individuals who have been granted practice privileges under section
326A.14 performing attest or compilation services must provide those services in accordance
with professional standards. To the extent permitted by board rule, registered accounting
practitioners performing compilation services must provide those services in accordance
with standards specified in board rule.
(c) A person who does not hold a valid certificate issued under section 326A.04 or a
practice privilege granted under section 326A.14 shall not use or assume the title "certified
public accountant," the abbreviation "CPA," or any other title, designation, words, letters,
abbreviation, sign, card, or device tending to indicate that the person is a certified public
accountant.
(d) A firm shall not provide attest services or assume or use the title "certified public
accountants," the abbreviation "CPA's," or any other title, designation, words, letters,
abbreviation, sign, card, or device tending to indicate that the firm is a CPA firm unless (1)
the firm has complied with section 326A.05, and (2) ownership of the firm is in accordance
with this chapter and rules adopted by the board.
(e) A person or firm that does not hold a valid certificate or permit issued under section
326A.04 or 326A.05 or has not otherwise complied with section 326A.04 or 326A.05 as
required in this chapter shall not assume or use the title "certified accountant," "chartered
accountant," "enrolled accountant," "licensed accountant," "registered accountant,"
"accredited accountant," "accounting practitioner," "public accountant," "licensed public
accountant," or any other title or designation likely to be confused with the title "certified
public accountant," or use any of the abbreviations "CA," "LA," "RA," "AA," "PA," "AP,"
"LPA," or similar abbreviation likely to be confused with the abbreviation "CPA." The title
"enrolled agent" or "EA" may only be used by individuals so designated by the Internal
Revenue Service.
(f) Persons registered under section 326A.06, paragraph (b), may use the title "registered
accounting practitioner" or the abbreviation "RAP." A person who does not hold a valid
registration under section 326A.06, paragraph (b), shall not assume or use such title or
abbreviation.
(g) Except to the extent permitted in paragraph (a), nonlicensees may not use language
in any statement relating to the financial affairs of a person or entity that is conventionally
used by licensees in reports on financial statements or on an attest service. In this regard,
the board shall issue by rule safe harbor language that nonlicensees may use in connection
with such financial information. A person or firm that does not hold a valid certificate or
permit, or a registration issued under section 326A.04, 326A.05, or 326A.06, paragraph (b),
or has not otherwise complied with section 326A.04 or 326A.05 as required in this chapter
shall not assume or use any title or designation that includes the word "accountant" or
"accounting" in connection with any other language, including the language of a report, that
implies that the person or firm holds such a certificate, permit, or registration or has special
competence as an accountant. A person or firm that does not hold a valid certificate or
permit issued under section 326A.04 or 326A.05 or has not otherwise complied with section
326A.04 or 326A.05 as required in this chapter shall not assume or use any title or designation
that includes the word "auditor" in connection with any other language, including the
language of a report, that implies that the person or firm holds such a certificate or permit
or has special competence as an auditor. However, this paragraph does not prohibit any
officer, partner, member, manager, or employee of any firm or organization from affixing
that person's own signature to any statement in reference to the financial affairs of such firm
or organization with any wording designating the position, title, or office that the person
holds, nor prohibit any act of a public official or employee in the performance of the person's
duties as such.
(h)(1) No person holding a certificate or registration or firm holding a permit under this
chapter shall use a professional or firm name or designation that is misleading about the
legal form of the firm, or about the persons who are partners, officers, members, managers,
or shareholders of the firm, or about any other matter. However, names of one or more
former partners, members, managers, or shareholders may be included in the name of a firm
or its successor.
(2) A common brand name or network name part, including common initials, used by
a CPA firm in its name, is not misleading if the firm is a network firm as defined in the
American Institute of Certified Public Accountants (AICPA) Code of Professional Conduct
deleted text begin in effect July 1, 2011deleted text end new text begin incorporated by reference in Minnesota Rules, part 1105.0250new text end , and
when offering or rendering services that require independence under AICPA standards, the
firm must comply with the AICPA code's applicable standards on independence.
(i) Paragraphs (a) to (h) do not apply to a person or firm holding a certification,
designation, degree, or license granted in a foreign country entitling the holder to engage
in the practice of public accountancy or its equivalent in that country, if:
(1) the activities of the person or firm in this state are limited to the provision of
professional services to persons or firms who are residents of, governments of, or business
entities of the country in which the person holds the entitlement;
(2) the person or firm performs no attest or compilation services and issues no reports
with respect to the information of any other persons, firms, or governmental units in this
state; and
(3) the person or firm does not use in this state any title or designation other than the
one under which the person practices in the foreign country, followed by a translation of
the title or designation into English, if it is in a different language, and by the name of the
country.
(j) No holder of a certificate issued under section 326A.04 may perform attest services
through any business form that does not hold a valid permit issued under section 326A.05.
(k) No individual licensee may issue a report deleted text begin in standard formdeleted text end upon a compilation of
financial information through any form of business that does not hold a valid permit issued
under section 326A.05, unless the report discloses the name of the business through which
the individual is issuing the report, and the individual:
(1) signs the compilation report identifying the individual as a certified public accountant;
(2) meets the competency requirement provided in applicable standards; and
(3) undergoes no less frequently than once every three years, a peer review conducted
in a manner specified by the board in rule, and the review includes verification that the
individual has met the competency requirements set out in professional standards for such
services.
(l) No person registered under section 326A.06, paragraph (b), may issue a report deleted text begin in
standard formdeleted text end upon a compilation of financial information unless the board by rule permits
the report and the person:
(1) signs the compilation report identifying the individual as a registered accounting
practitioner;
(2) meets the competency requirements in board rule; and
(3) undergoes no less frequently than once every three years a peer review conducted
in a manner specified by the board in rule, and the review includes verification that the
individual has met the competency requirements in board rule.
(m) Nothing in this section prohibits a practicing attorney or firm of attorneys from
preparing or presenting records or documents customarily prepared by an attorney or firm
of attorneys in connection with the attorney's professional work in the practice of law.
(n) The board shall adopt rules that place limitations on receipt by a licensee or a person
who holds a registration under section 326A.06, paragraph (b), of:
(1) contingent fees for professional services performed; and
(2) commissions or referral fees for recommending or referring to a client any product
or service.
(o) Anything in this section to the contrary notwithstanding, it shall not be a violation
of this section for a firm not holding a valid permit under section 326A.05 and not having
an office in this state to provide its professional services in this state so long as it complies
with the applicable requirements of section 326A.05, subdivision 1.
Repealed Minnesota Statutes: 19-5222
For purposes of this section, the terms defined in this section have the meanings given them.
(a) "General incentive" means a state program, statutory provision, or tax expenditure, including tax credits, tax exemptions, tax deductions, grants, or loans, that is intended to encourage businesses to locate, expand, invest, or remain in Minnesota or to hire or retain employees in Minnesota. To be a general incentive, a state program, statutory provision, or tax expenditure must be funded by an appropriation from the general fund, and be available to multiple entities, projects, or associated projects or include eligibility criteria with the intent that it will be available to multiple entities, projects, or associated projects.
(b) "Exclusive incentive" means a state program, statutory provision, tax expenditure, or section of a general incentive, including tax credits, tax exemptions, tax deductions, grants, or loans, that is intended to encourage a single specific entity, project, or associated projects to locate, expand, invest, or remain in Minnesota or to hire or retain employees in Minnesota.
Annually, the legislative auditor shall submit to the Legislative Audit Commission a list of three to five general incentives proposed for review. In selecting general incentives to include on this list, the legislative auditor may consider what the incentive will cost state and local governments in actual spending and foregone revenue currently or projected into the future, the legislature's need for information about a general incentive that has an upcoming expiration date, and the legislature's need for regular information on the results of all major general incentives. Annually, the Legislative Audit Commission will select at least one general incentive for the legislative auditor's evaluation. The legislative auditor will evaluate the selected general incentive or incentives, prepared according to the evaluation plan established under subdivision 4, and submit a written report to the Legislative Audit Commission.
The legislative auditor's schedule shall ensure that at least once every four years the legislative auditor will complete an analysis of best practices for exclusive incentives.
By February 1, 2016, the Legislative Audit Commission shall establish evaluation plans that identify elements that the legislative auditor must include in evaluations of a general incentive and an exclusive incentive. The Legislative Audit Commission may modify the evaluation plans as needed.
Any person engaged in hair braiding solely for compensation as a profession, except persons licensed as cosmetologists, shall register with the Minnesota Board of Cosmetologist Examiners in a form determined by the board.
In order to qualify for initial registration, any person engaged in hair braiding solely for compensation as a profession, except persons licensed as cosmetologists, shall satisfactorily complete instruction at either an accredited school, professional association, or by an individual approved by the board. Instruction includes coursework covering the topics of health, safety, infection control, and state laws related to cosmetology not to exceed 30 hours. The coursework is encouraged to be provided in a foreign language format and such availability shall be reported to and posted by the Minnesota Board of Cosmetologist Examiners.
An accredited school, professional association, or an individual approved by the board desiring to provide the coursework required under subdivision 3 shall have curriculum in place by January 1, 2008.