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SF 605

3rd Engrossment - 90th Legislature (2017 - 2018) Posted on 06/21/2017 11:31am

KEY: stricken = removed, old language. underscored = added, new language.

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Current Version - 3rd Engrossment

A bill for an act
relating to the operation of state government; appropriating money for the
legislature, governor's office, state auditor, attorney general, secretary of state,
certain agencies, boards, councils, and retirement funds; changing provisions in
state government operations; making technical changes to state budgeting terms;
changing administrative rules provisions; changing provisions in veterans affairs,
campaign finance, and elections; amending Minnesota Statutes 2016, sections
3.305, subdivision 1; 3.842, subdivision 4a; 3.855, subdivision 2; 3.8843,
subdivision 7; 3.971, subdivisions 2, 6; 3.972, by adding a subdivision; 3.98,
subdivisions 1, 4; 3.987, subdivision 1; 6.481, subdivisions 3, 6; 6.56, subdivision
2; 6.581, subdivision 4; 10A.01, subdivisions 12, 16, 26; 10A.02, subdivision 13;
10A.025, subdivision 1a; 10A.04, by adding a subdivision; 10A.071, subdivision
1; 10A.09, subdivisions 5, 6; 10A.105, subdivision 1; 10A.15, subdivision 1, by
adding a subdivision; 10A.20, subdivisions 3, 15; 10A.245, subdivision 2; 10A.25,
subdivisions 1, 2, 10; 10A.257, subdivision 1; 10A.27, subdivision 10, by adding
subdivisions; 10A.28, subdivision 3; 10A.31, by adding a subdivision; 10A.322,
subdivision 1; 10A.38; 14.002; 14.02, by adding a subdivision; 14.05, subdivisions
1, 2, 6, 7, by adding subdivisions; 14.101, subdivision 1; 14.116; 14.125; 14.127;
14.131; 14.14, subdivisions 1a, 2a; 14.18, subdivision 1; 14.19; 14.22, subdivision
1; 14.23; 14.25, subdivision 1; 14.26; 14.27; 14.365; 14.381, subdivision 3; 14.388,
subdivisions 1, 2; 14.389, subdivision 3; 14.44; 14.45; 14.51; 14.57; 15.0596;
15.191, subdivisions 1, 3; 16A.065; 16A.13, subdivision 2a; 16A.134; 16A.15,
subdivision 3; 16A.17, subdivision 5; 16A.272, subdivision 3; 16A.40; 16A.42,
subdivisions 2, 4, by adding a subdivision; 16A.56; 16A.671, subdivision 1; 16A.90;
16B.04, subdivision 2; 16B.055, subdivision 1; 16B.335, subdivision 1; 16B.37,
subdivision 4; 16B.371; 16B.4805, subdivisions 2, 4; 16B.97, by adding a
subdivision; 16D.03, subdivision 2; 16D.09, subdivision 1; 16E.016; 16E.0466;
21.116; 43A.17, subdivision 11; 43A.24, by adding a subdivision; 43A.30,
subdivision 2; 43A.49; 49.24, subdivisions 13, 16; 69.031, subdivision 1; 80A.65,
subdivision 9; 84A.23, subdivision 4; 84A.33, subdivision 4; 84A.40; 84A.52;
88.12, subdivision 1; 94.522; 94.53; 116J.64, subdivision 7; 126C.55, subdivisions
2, 9; 126C.68, subdivision 3; 126C.69, subdivision 14; 127A.34, subdivision 1;
127A.40; 136F.46, subdivision 1; 136F.70, subdivision 3; 138.69; 155A.30,
subdivision 5; 162.08, subdivisions 10, 11; 162.14, subdivisions 4, 5; 162.18,
subdivision 4; 162.181, subdivision 4; 163.051, subdivision 3; 176.181, subdivision
2; 176.581; 176.591, subdivision 3; 179A.20, by adding a subdivision; 190.19,
subdivisions 2, 2a; 192.55; 196.05, subdivision 1; 196.052; 197.236, subdivision
9; 197.791, subdivisions 2, 3, 4, 5, 5a; 198.16; 237.30; 241.13, subdivision 1;
244.19, subdivision 7; 256B.20; 260B.331, subdivision 2; 260C.331, subdivision
2; 270C.13, subdivision 1; 273.121, subdivision 1; 287.08; 297I.10, subdivision
1; 299C.21; 348.05; 352.04, subdivision 9; 352.05; 352.115, subdivision 12; 352.12,
subdivision 13; 353.05; 353.27, subdivisions 3c, 7; 353.505; 354.42, subdivision
7; 354.52, subdivisions 4, 4b; 401.15, subdivision 1; 446A.086, subdivision 4;
446A.16, subdivision 1; 462A.18, subdivision 1; 471.6161, subdivision 8; 471.617,
subdivision 2; 475A.04, subdivision 1; 508.12, subdivision 1; 518A.79, by adding
a subdivision; 525.841; Laws 2016, chapter 127, section 8; proposing coding for
new law in Minnesota Statutes, chapters 2; 3; 6; 10A; 14; 15; 16A; 16B; 43A;
118A; 197; repealing Minnesota Statutes 2016, sections 4.46; 6.581, subdivision
1; 10A.28, subdivision 1; 10A.30; 10A.31, subdivisions 1, 3, 3a, 4, 5, 5a, 6, 6a, 7,
7a, 10, 10a, 10b, 11; 10A.315; 10A.321; 10A.322, subdivisions 2, 4; 10A.323;
10A.324, subdivisions 1, 3; 14.05, subdivision 5; Minnesota Rules, parts 4501.0300,
subpart 3; 4501.0500, subpart 2; 4503.0200, subpart 6; 4503.0300, subpart 4;
4503.0400, subpart 1; 4503.0500, subparts 5, 8; 4503.0700, subparts 2, 3;
4503.1300, subpart 5; 4503.1400, subparts 2, 3, 4, 5, 6, 7, 8, 9; 4503.1450;
4503.1600; 4503.1700; 4503.1800; 4505.0100, subpart 3; 4505.0900, subparts 2,
3, 4, 5, 6, 7; 4511.0500, subpart 2; 4512.0100, subparts 2, 4, 5; 4525.0210, subpart
1.

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

ARTICLE 1

STATE GOVERNMENT APPROPRIATIONS

Section 1. APPROPRIATIONS.

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 "2018" and "2019" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2018, or June 30, 2019, respectively.
"The first year" is fiscal year 2018. "The second year" is fiscal year 2019. "The biennium"
is fiscal years 2018 and 2019.

APPROPRIATIONS
Available for the Year
Ending June 30
2018
2019

Sec. 2. LEGISLATURE

Subdivision 1.

Total Appropriation

$
83,057,000
$
82,123,000
Appropriations by Fund
2018
2019
General
82,929,000
81,995,000
Health Care Access
128,000
128,000

The amounts that may be spent for each
purpose are specified in the following
subdivisions.

Subd. 2.

Senate

32,299,000
32,105,000

Subd. 3.

House of Representatives

32,383,000
32,383,000

Subd. 4.

Legislative Coordinating Commission

18,375,000
17,635,000
Appropriations by Fund
General
18,247,000
17,507,000
Health Care Access
128,000
128,000

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

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.

Legislative Auditor. $6,744,000 the first year
and $6,564,000 the second year are for the
Office of the Legislative Auditor.

Of these amounts, $130,000 the first year is
for the transit financial activity reviews
required by Minnesota Statutes, section 3.972,
subdivision 4.

No later than January 15, 2018, the legislative
auditor must complete a review of the small
business investment tax credit incentive
established in Minnesota Statutes, section
116J.8737. The review must follow the
evaluation plan established for review of a
general incentive program under Minnesota
Statutes, section 3.9735, subdivision 4.

No later than January 15, 2018, the legislative
auditor must complete an assessment of the
adequacy of the county audits performed by
the state auditor in calendar year 2016. The
standards for conducting the assessment must
be identical to those described in the report of
the state auditor dated March 2017, titled
"Assessing the Adequacy of 2015 County
Audits Performed by Private CPA Firms."

Revisor of Statutes. $6,430,000 the first year
and $6,093,000 the second year are for the
Office of the Revisor of Statutes.

Of these amounts, $250,000 in the first year
is for upgrades and repairs to the information
technology data center located in the State
Office Building.

Legislative Budget Office. $864,000 the first
year and $818,000 the second year are for the
Legislative Budget Office established in
section 3.8853.

Legislative Reference Library. $1,622,000
the first year and $1,445,000 the second year
are for the Legislative Reference Library.

Of these amounts, $177,000 the first year is
for the digital preservation of audio recordings
documenting committee hearings and floor
sessions of the legislature.

Sec. 3. GOVERNOR AND LIEUTENANT
GOVERNOR

$
4,403,000
$
4,403,000

(a) This appropriation is to fund the Office of
the Governor and Lieutenant Governor.

(b) Up to $19,000 the first year and up to
$19,000 the second year are for necessary
expenses in the normal performance of the
Governor's and Lieutenant Governor's duties
for which no other reimbursement is provided.

(c) The following amounts that are
appropriated from the general fund in fiscal
years 2018 and 2019 to the specified agency
and are budgeted to be transferred to the
governor for personnel costs incurred by the
Offices of the Governor and the Lieutenant
Governor to support the agencies are canceled
to the general fund and the base for each
agency is reduced by the specified amount for
fiscal years 2020 and 2021.

Agency
2018
2019
Commerce
67,000
67,000
Employment and
Economic Development
109,000
109,000
Education
58,000
58,000
Office of Higher
Education
25,000
25,000
Administration
25,000
25,000
Management and
Budget
21,000
21,000
MN.IT Services
25,000
25,000
Revenue
41,000
41,000
Health
58,000
58,000
Human Services
247,000
247,000
Veterans Affairs
16,000
16,000
Military Affairs
17,000
17,000
Corrections
58,000
58,000
Transportation
20,000
20,000

(d) Appropriations provided by this section
may not be used to support the hiring of
additional personnel in the Office of the
Governor, to support current personnel in the
office assigned to oversee federal policy or
federal government relations, or to maintain
office space located in the District of
Columbia.

Sec. 4. STATE AUDITOR

Subdivision 1.

Total Appropriation

$
9,243,000
$
9,488,000

The amounts that may be spent for each
purpose are specified in the following
subdivisions.

Subd. 2.

Audit Practice

7,449,000
7,694,000

Notwithstanding Minnesota Statutes, section
6.581, subdivision 3, or any other law to the
contrary, the rates included in the state
auditor's schedule of charges for examinations
conducted in fiscal years 2018 and 2019 must
be no greater than the rates included in the
schedule of charges established for
examinations conducted in calendar year 2016.

Subd. 3.

Legal and Special Investigations

272,000
272,000

Subd. 4.

Government Information

511,000
511,000

Subd. 5.

Pension Oversight

485,000
485,000

Subd. 6.

Operations Management

305,000
305,000

Subd. 7.

Constitutional Office

221,000
221,000

Sec. 5. ATTORNEY GENERAL

Subdivision 1.

Total Appropriation

$
23,265,000
$
23,265,000
Appropriations by Fund
2018
2019
General
20,465,000
20,465,000
State Government
Special Revenue
2,405,000
2,405,000
Environmental
145,000
145,000
Remediation
250,000
250,000

The amounts that may be spent for each
purpose are specified in the following
subdivisions.

Subd. 2.

Government Legal Services

3,652,000
3,652,000

Subd. 3.

Regulatory Law and Professions

5,002,000
5,002,000
Appropriations by Fund
2018
2019
General
2,223,000
2,223,000
State Government
Special Revenue
2,384,000
2,384,000
Environmental
250,000
250,000
Remediation
145,000
145,000

Subd. 4.

State Government Services

6,157,000
6,157,000
Appropriations by Fund
2018
2019
General
6,136,000
6,136,000
State Government
Special Revenue
21,000
21,000

Subd. 5.

Civil Law Section

3,010,000
3,010,000

Subd. 6.

Civil Litigation

1,495,000
1,495,000

Subd. 7.

Administrative Operations

3,949,000
3,949,000

Sec. 6. SECRETARY OF STATE

Subdivision 1.

Total Appropriation

$
5,419,000
$
5,530,000

The base for fiscal year 2020 is $5,419,000
and the base for fiscal year 2021 is
$5,419,000.

The amounts that may be spent for each
purpose are specified in the following
subdivisions.

Subd. 2.

Administration

512,000
525,000

Subd. 3.

Safe at Home

659,000
676,000

Subd. 4.

Business Services

1,422,000
1,174,000

Subd. 5.

Elections

2,826,000
3,155,000

Sec. 7. CAMPAIGN FINANCE AND PUBLIC
DISCLOSURE BOARD

$
924,000
$
924,000

Sec. 8. STATE BOARD OF INVESTMENT

$
139,000
$
139,000

Sec. 9. ADMINISTRATIVE HEARINGS

Subdivision 1.

Total Appropriation

$
8,170,000
$
8,170,000
Appropriations by Fund
2018
2019
General
383,000
383,000
Workers'
Compensation
7,787,000
7,787,000

The amounts that may be spent for each
purpose are specified in the following
subdivisions.

Subd. 2.

Campaign Violations

115,000
115,000

These amounts are for the cost of considering
complaints filed under Minnesota Statutes,
section 211B.32. These amounts may be used
in either year of the biennium.

Subd. 3.

Data Practices

6,000
6,000

These amounts are for the cost of considering
data practices complaints filed under
Minnesota Statutes, section 13.085. These
amounts may be used in either year of the
biennium.

Subd. 4.

Municipal Boundary Adjustments

262,000
262,000

Sec. 10. OFFICE OF MN.IT SERVICES

Subdivision 1.

Total Appropriation

$
2,622,000
$
2,622,000

The amounts that may be spent for each
purpose are specified in the following
subdivisions.

The state chief information officer must
prioritize use of appropriations provided by
this section to enhance cybersecurity across
state government.

Subd. 2.

State Chief Information Officer

1,316,000
1,316,000

The commissioner of management and budget
is authorized to provide cash flow assistance
of up to $110,000,000 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 2019
closing period.

During the biennium ending June 30, 2019,
the Office of MN.IT Services must not charge
fees to a public noncommercial educational
television broadcast station eligible for funding
under Minnesota Statutes, chapter 129D, for
access to the state broadcast infrastructure. If
the access fees not charged to public
noncommercial educational television
broadcast stations total more than $400,000
for the biennium, the office may charge for
access fees in excess of these amounts.

Subd. 3.

Geospatial Information Office

871,000
871,000

Subd. 4.

Enterprise IT Security

435,000
435,000

Sec. 11. ADMINISTRATION

Subdivision 1.

Total Appropriation

$
19,984,000
$
19,584,000

The amounts that may be spent for each
purpose are specified in the following
subdivisions.

Subd. 2.

Government and Citizen Services

7,013,000
7,013,000

This appropriation includes funds for
information technology project services and
support subject to the provisions of Minnesota
Statutes, section 16E.0466. Any ongoing
information technology costs must be
incorporated into the service level agreement
and must be paid to the Office of MN.IT
Services by the commissioner of
administration under the rates and mechanism
specified in that agreement.

Appropriations provided by this section may
not be used to fund continuous improvement
initiatives, including the Office of Continuous
Improvement (LEAN).

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

Olmstead Plan. $148,000 each year is for the
Olmstead plan.

Materials Management. $2,139,000 each
year is for materials management.

Plant Management. $390,000 each year is
for plant management.

$7,500,000 the first year of the balance in the
facility repair and replacement account in the
special revenue fund is canceled to the general
fund. These amounts are in addition to
amounts transferred under Minnesota Statutes,
section 16B.24, subdivision 5, paragraph (d).

Real Estate and Construction Services.
$2,198,000 each year is for real estate and
construction services.

Enterprise Real Property. $601,000 each
year is for enterprise real property.

State Agency Accommodation
Reimbursement.
$200,000 the first year and
$200,000 the second year are credited to the
accommodation account established in
Minnesota Statutes, section 16B.4805.

Community Services. $1,263,000 each year
is for community services.

(a) $192,000 the first year and $192,000 the
second year are for the state archaeologist.

(b) $468,000 the first year and $468,000 the
second year are for information policy
analysis.

(c) $487,000 the first year and $487,000 the
second year are for the state demographer.

(d) $116,000 the first year and $116,000 the
second year are for the Office of Grants
Management.

Subd. 3.

Strategic Management Services

1,794,000
1,794,000

Executive Leadership/Partnerships.
$528,000 each year is for executive
leadership/partnerships.

School Trust Lands Director. $185,000 each
year is for school trust lands director.

Financial Management and Reporting.
$706,000 each year is for financial
management and reporting.

Human Resources. $375,000 each year is for
human resources.

Subd. 4.

Fiscal Agent

11,177,000
10,777,000

In-Lieu of Rent. $8,158,000 the first year and
$8,158,000 the second year are for space costs
of the legislature and veterans organizations,
ceremonial space, and statutorily free space.

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

(b) $250,000 the first year and $250,000 the
second year are for public television
equipment grants under Minnesota Statutes,
section 129D.13.

(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.

Public Radio. (a) $392,000 the first year and
$392,000 the second year are for community
service grants to public educational radio
stations. This appropriation may be used to
disseminate emergency information in foreign
languages.

(b) $117,000 the first year and $117,000 the
second year are for equipment grants to public
educational radio stations. This appropriation
may be used for the repair, rental, and
purchase of equipment including equipment
under $500.

(c) $310,000 the first year and $310,000 the
second year are for equipment grants to
Minnesota Public Radio, Inc., including
upgrades to Minnesota's Emergency Alert and
AMBER Alert Systems.

(d) $400,000 the first year is for a grant to
Minnesota Public Radio, Inc. for upgrades to
Minnesota's Emergency Alert and AMBER
Alert Systems.

(e) The appropriations in paragraphs (a) to (d)
may not be used for indirect costs claimed by
an institution or governing body.

(f) 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, 2017.

(g) 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.

Sec. 12. CAPITOL AREA ARCHITECTURAL
AND PLANNING BOARD

$
345,000
$
345,000

Sec. 13. MINNESOTA MANAGEMENT AND
BUDGET

$
17,920,000
$
18,320,000

Subdivision 1.

Appropriations

The amounts that may be spent for each
purpose are specified in the following
subdivisions.

This appropriation includes funds for
information technology project services and
support subject to the provisions of Minnesota
Statutes, section 16E.0466. Any ongoing
information technology costs must be
incorporated into the service level agreement
and must be paid to the Office of MN.IT
Services by the commissioner of management
and budget under the rates and mechanism
specified in that agreement.

Subd. 2.

Accounting Services

3,758,000
3,958,000

Subd. 3.

Budget Services

2,416,000
2,616,000

Subd. 4.

Economic Analysis

424,000
424,000

Subd. 5.

Debt Management

367,000
367,000

Subd. 6.

Enterprise Communications and
Planning

830,000
830,000

Subd. 7.

Enterprise Human Resources

2,681,000
2,681,000

Appropriations provided by this section or
transferred to the commissioner from another
agency may not be used to support a statewide
executive recruiting program.

Subd. 8.

Labor Relations

868,000
868,000

Subd. 9.

Agency Administration

6,576,000
6,576,000

No later than June 30, 2018, the commissioner
must credit at least $1,000,000 to the general
fund based on savings realized through
implementation of the employee gainsharing
program required by Minnesota Statutes,
section 16A.90. If a credit of at least this
amount has not been made to the general fund
as of that date, the appropriation provided in
this subdivision for fiscal year 2019 is reduced
in an amount equal to the difference between
the amount actually credited to the general
fund and the total credit required by this
paragraph.

Sec. 14. REVENUE

Subdivision 1.

Total Appropriation

$
141,485,000
$
141,310,000
Appropriations by Fund
2018
2019
General
137,249,000
137,074,000
Health Care Access
1,749,000
1,749,000
Highway User Tax
Distribution
2,184,000
2,184,000
Environmental
303,000
303,000

Notwithstanding the appropriations provided
by this section, the amounts allocated for tax
compliance activities of the department must
be no less than the amounts allocated for those
activities during fiscal year 2017, and the
commissioner must prioritize processing
personal income tax returns, taxpayer fraud
prevention, and assuring that taxpayer refunds
are not delayed when determining spending
plans for each of the activities in this section.

This appropriation includes funds for
information technology project services and
support subject to the provisions of Minnesota
Statutes, section 16E.0466. Any ongoing
information technology costs must be
incorporated into the service level agreement
and must be paid to the Office of MN.IT
Services by the commissioner of revenue
under the rates and mechanism specified in
that agreement.

Subd. 2.

Tax System Management

114,128,000
113,953,000
Appropriations by Fund
2018
2019
General
109,892,000
109,717,000
Health Care Access
1,749,000
1,749,000
Highway User Tax
Distribution
2,184,000
2,184,000
Environmental
303,000
303,000
(a) Operations Support
General
9,356,000
9,356,000
Health Care Access
126,000
126,000
(b) Appeals, Legal Services, and Tax Research
General
6,932,000
6,932,000
Health Care Access
113,000
113,000
(c) Payment and Return Processing
General
12,927,000
12,927,000
Health Care Access
51,000
51,000
Highway User Tax
Distribution
343,000
343,000
(d) Administration of State Taxes
General
54,904,000
54,729,000
Health Care Access
1,407,000
1,407,000
Highway User Tax
Distribution
1,621,000
1,621,000
Environmental
303,000
303,000

(1) $15,000 from the general fund in the first
year is for preparing and submitting a
supplemental 2017 tax incidence report
meeting the requirements of Minnesota
Statutes, section 270C.13, subdivision 1, as
amended by this act. The supplemental report
must be completed and submitted no later than
January 2, 2018.

(2) $160,000 from the general fund in the first
year is for administration of a first-time home
buyer savings account program. This
appropriation is canceled to the general fund
if income tax provisions related to first-time
home buyer savings accounts are not enacted
by law at the 2017 regular or special
legislative session.

(e) Technology Development, Implementation,
and Support
General
21,781,000
21,781,000
Health Care Access
52,000
52,000
Highway User Tax
Distribution
220,000
220,000
(f) Property Tax Administration and State Aid
General
3,992,000
3,992,000

Subd. 3.

Debt Collection Management

27,357,000
27,357,000

Sec. 15. HUMAN RIGHTS

$
3,954,000
$
3,954,000

Sec. 16. GAMBLING CONTROL

$
3,422,000
$
3,457,000

These appropriations are from the lawful
gambling regulation account in the special
revenue fund.

Sec. 17. RACING COMMISSION

$
845,000
$
908,000

These appropriations are from the racing and
card playing regulation accounts in the special
revenue fund.

Sec. 18. STATE LOTTERY

Notwithstanding Minnesota Statutes, section
349A.10, subdivision 3, the State Lottery's
operating budget must not exceed $32,500,000
in fiscal year 2018 and $33,000,000 in fiscal
year 2019.

Sec. 19. AMATEUR SPORTS COMMISSION

$
300,000
$
300,000

Sec. 20. COUNCIL ON MINNESOTANS OF
AFRICAN HERITAGE

$
401,000
$
401,000

Sec. 21. COUNCIL ON LATINO AFFAIRS

$
386,000
$
386,000

Sec. 22. COUNCIL ON ASIAN-PACIFIC
MINNESOTANS

$
364,000
$
364,000

Sec. 23. INDIAN AFFAIRS COUNCIL

$
576,000
$
576,000

Sec. 24. MINNESOTA HISTORICAL
SOCIETY

Subdivision 1.

Total Appropriation

$
22,893,000
$
22,893,000

The amounts that may be spent for each
purpose are specified in the following
subdivisions.

Subd. 2.

Operations and Programs

22,572,000
22,572,000

$750,000 the first year and $750,000 the
second year are for digital preservation and
access, including planning and implementation
of a program to preserve and make available
resources related to Minnesota history. These
are onetime appropriations.

Subd. 3.

Fiscal Agent

(a) Global Minnesota
39,000
39,000
(b) Minnesota Air National Guard Museum
17,000
17,000
(c) Minnesota Military Museum
50,000
50,000
(d) Farmamerica
115,000
115,000
(e) Hockey Hall of Fame
100,000
100,000

Any unencumbered balance remaining in this
subdivision the first year does not cancel but
is available for the second year of the
biennium.

Sec. 25. BOARD OF THE ARTS

Subdivision 1.

Total Appropriation

$
7,530,000
$
7,530,000

The amounts that may be spent for each
purpose are specified in the following
subdivisions.

Subd. 2.

Operations and Services

591,000
591,000

Subd. 3.

Grants Program

4,800,000
4,800,000

Subd. 4.

Regional Arts Councils

2,139,000
2,139,000

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

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 five percent
of the total grant for costs related to travel
outside the state of Minnesota.

Sec. 26. MINNESOTA HUMANITIES CENTER

$
950,000
$
950,000

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

(b) $250,000 each year is for grants to the
Veterans Defense Project. Grants must be used
to support, through education and outreach,
military veterans who are involved with the
criminal justice system. These are onetime
appropriations.

Sec. 27. BOARD OF ACCOUNTANCY

$
641,000
$
641,000

Sec. 28. BOARD OF ARCHITECTURE
ENGINEERING, LAND SURVEYING,
LANDSCAPE ARCHITECTURE,
GEOSCIENCE, AND INTERIOR DESIGN

$
794,000
$
794,000

Sec. 29. BOARD OF COSMETOLOGIST
EXAMINERS

$
1,346,000
$
1,346,000

The executive director must report quarterly
to the chairs and ranking minority members
of the committees in the house of
representatives and senate with jurisdiction
over state government finance on the number
of inspections conducted by license type in
the past quarter, number and percent of total
salons and schools inspected within the last
year, total number of licensees by type, and
the number of inspectors employed by the
board. The first report must be submitted by
July 15, 2017.

Sec. 30. BOARD OF BARBER EXAMINERS

$
325,000
$
325,000

Sec. 31. GENERAL CONTINGENT
ACCOUNTS

$
750,000
$
500,000
Appropriations by Fund
2018
2019
General
250,000
-0-
State Government
Special Revenue
400,000
400,000
Workers'
Compensation
100,000
100,000

(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.

(b) If an appropriation in this section for either
year is insufficient, the appropriation for the
other year is available for it.

(c) If a contingent account appropriation is
made in one fiscal year, it should be
considered a biennial appropriation.

Sec. 32. TORT CLAIMS

$
161,000
$
161,000

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.

Sec. 33. MINNESOTA STATE RETIREMENT
SYSTEM

Subdivision 1.

Total Appropriation

$
14,893,000
$
15,071,000

The amounts that may be spent for each
purpose are specified in the following
subdivisions.

Subd. 2.

Combined Legislators and
Constitutional Officers Retirement Plan

8,893,000
9,071,000

Under Minnesota Statutes, sections 3A.03,
subdivision 2; 3A.04, subdivisions 3 and 4;
and 3A.115.

If an appropriation in this section for either
year is insufficient, the appropriation for the
other year is available for it.

Subd. 3.

Judges Retirement Plan

6,000,000
6,000,000

For transfer to the judges retirement fund
under Minnesota Statutes, section 490.123.
$6,000,000 each fiscal year is included in the
base for fiscal years 2020 and 2021. 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.

Sec. 34. PUBLIC EMPLOYEES RETIREMENT
ASSOCIATION

$
6,000,000
$
6,000,000

General employees retirement plan of the
Public Employees Retirement Association
relating to the merged former MERF division.

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, 2017, and
$6,000,000 on September 15, 2018.

These amounts are estimated to be needed
under Minnesota Statutes, section 353.505.

Sec. 35. TEACHERS RETIREMENT
ASSOCIATION

$
29,831,000
$
29,831,000

The amounts estimated to be needed are as
follows:

Special Direct State Aid. $27,331,000 the
first year and $27,331,000 the second year are
for special direct state aid authorized under
Minnesota Statutes, section 354.436.

Special Direct State Matching Aid.
$2,500,000 the first year and $2,500,000 the
second year are for special direct state
matching aid authorized under Minnesota
Statutes, section 354.435.

Sec. 36. ST. PAUL TEACHERS RETIREMENT
FUND

$
9,827,000
$
9,827,000

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.

Sec. 37. MILITARY AFFAIRS

Subdivision 1.

Total Appropriation

$
25,616,000
$
19,616,000

The amounts that may be spent for each
purpose are specified in the following
subdivisions.

Subd. 2.

Maintenance of Training Facilities

9,661,000
9,661,000

Of the funds transferred to maintenance of
training facilities in Laws 2015, chapter 77,
article 1, section 36, subdivision 4, $2,000,000
in fiscal year 2017 may be transferred to the
enlistment incentives appropriation to address
a projected fiscal year 2017 deficit in the
enlistment incentives program.

Subd. 3.

General Support

3,067,000
3,067,000

Subd. 4.

Enlistment Incentives

12,888,000
6,888,000

The appropriations in this subdivision are
available until expended, 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.

If appropriations for either year of the
biennium are insufficient, the appropriation
from the other year is available. The
appropriations for enlistment incentives are
available until June 30, 2021.

Sec. 38. VETERANS AFFAIRS

Subdivision 1.

Total Appropriation

$
84,029,000
$
74,029,000

The amounts that may be spent for each
purpose are specified in the following
subdivisions.

Subd. 2.

Veterans Programs and Services

16,811,000
16,811,000

Veterans Service Organizations. $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.

Minnesota Assistance Council for Veterans.
$750,000 each year is for a grant to the
Minnesota Assistance Council for Veterans
to provide assistance throughout Minnesota
to veterans and their families who are
homeless or in danger of homelessness,
including assistance with the following:

(1) utilities;

(2) employment; and

(3) legal issues.

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.

Honor Guards. $200,000 each year is for
compensation for honor guards at the funerals
of veterans under Minnesota Statutes, section
197.231.

Minnesota GI Bill. $200,000 each year is for
the costs of administering the Minnesota GI
Bill postsecondary educational benefits,
on-the-job training, and apprenticeship
program under Minnesota Statutes, section
197.791.

Gold Star Program. $100,000 each year is
for administering the Gold Star Program for
surviving family members of deceased
veterans.

County Veterans Service Office. $1,100,000
each year is for funding the County Veterans
Service Office grant program under Minnesota
Statutes, section 197.608.

Veterans Journey Home. $350,000 each year
is for grants to the veterans Journey Home
program. Grants must support the development
of new or rehabilitated affordable housing
dedicated for low-to-moderate income
veterans and their families. These are onetime
appropriations.

Subd. 3.

Veterans Health Care

67,218,000
57,218,000

The general fund appropriations made to the
department 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 department for the operation of veterans
homes facilities and programs.

No later than January 15, 2018, 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 Veterans Homes. $10,000,000 in the
first year is for planning, design, construction,
and operation of new veterans homes, and any
other requirements necessary for federal
approval of those homes. The commissioner
must select locations for construction of new
homes based on geographic need, consistent
with any guidance or requirements provided
by federal law. This is a onetime appropriation
and is available until spent.

Maximize Federal Reimbursements. The
department will seek opportunities to
maximize federal reimbursements of
Medicare-eligible expenses and will 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.

Sec. 39. PRESERVATION OF PROGRAMS AND SERVICES.

To the extent that appropriations provided by this article are less than the amounts
appropriated for fiscal year 2017, the affected constitutional office, agency, board, or
commission must prioritize reductions to its central administration and general operations
in absorbing those reductions. Costs for programs or services that are not provided a specific
appropriation in this act must be funded through appropriations to the constitutional office,
agency, board, or commission that are not designated for another purpose. Unless otherwise
specified, reductions must not be made to programs or services of the constitutional office,
agency, board, or commission that are provided directly to members of the public.

Sec. 40. APPROPRIATION CANCELLATIONS.

All unspent funds estimated to be $7,166,000, as provided in Minnesota Statutes, section
240A.085, under Laws 2016, chapter 189, article 13, section 56, are canceled to the general
fund on June 30, 2017.

Sec. 41. SAVINGS FROM INSURANCE OPT OUT; APPROPRIATION
REDUCTION FOR EXECUTIVE AGENCIES.

The commissioner of management and budget must reduce general fund appropriations
to executive agencies, including constitutional offices, for agency operations for the biennium
ending June 30, 2019, by $4,394,000 due to savings from permitting employees to opt out
of insurance coverage under the state employee group insurance coverage.

If savings obtained through permitting employees to opt out of insurance coverage under
the state employee group insurance coverage yield savings in nongeneral funds other than
those established in the state constitution or protected by federal law, the commissioner of
management and budget may transfer the amount of savings to the general fund. The amount
transferred to the general fund from other funds reduces the required general fund reduction
in this section. Reductions made in 2019 must be reflected as reductions in agency base
budgets for fiscal years 2020 and 2021. The commissioner of management and budget must
report to the chairs and ranking minority members of the committees in the senate Finance
Committee and the house of representatives Ways and Means Committee regarding the
amount of reductions in spending by each agency under this section.

Sec. 42. SAVINGS; APPROPRIATION REDUCTIONS FOR INFORMATION
TECHNOLOGY CONSOLIDATION.

(a) The commissioner of management and budget must reduce general fund appropriations
to agencies subject to the executive branch information technology consolidation required
by Laws 2011, First Special Session chapter 10, article 4, by at least $3,000,000 for the
biennium ending June 30, 2019, to reflect savings on enterprise services personnel costs
resulting from the consolidation.

(b) If savings obtained through the completion of information technology consolidation
yield savings in nongeneral funds other than those established in the state constitution or
protected by federal law, the commissioner may transfer the amount of savings to the general
fund. The amount transferred to the general fund from other funds reduces the required
general fund reduction in this section. Reductions made in 2019 must be reflected as
reductions in agency base budgets for fiscal years 2020 and 2021.

Sec. 43. REDUCTION IN PROFESSIONAL AND TECHNICAL SERVICES
CONTRACT EXPENDITURES.

During the biennium ending June 30, 2019, the commissioner of management and budget
must reduce planned general fund expenditures by executive branch state agencies on
contracts for professional or technical services by at least $2,255,000. The commissioner
must allocate this reduction among each executive branch state agency. For purposes of
this section, "professional or technical services" has the meaning given in Minnesota Statutes,
section 16C.08, subdivision 1, and "executive branch state agency" has the meaning given
in Minnesota Statutes, section 16A.011, subdivision 12a, and includes the Minnesota State
Colleges and Universities.

Sec. 44. BASE BUDGET REPORT.

No later than October 15, 2017, the commissioners of management and budget, revenue,
and veterans affairs must each submit a report to the chairs and ranking minority members
of the legislative committees with jurisdiction over state government finance that detail the
agency's base budget, by fiscal year. At a minimum, the report must include:

(1) a description of each appropriation rider enacted for the agency, and the year the
rider was first enacted in a substantially similar form;

(2) a description of the agency's use of appropriated funds that are not directed by a
rider, including an itemization of programs that appeared in a rider in a prior biennium and
continue to receive funding despite no longer appearing in a rider; and

(3) an itemization of any appropriations provided to the agency under a provision of
statute or the state constitution.

ARTICLE 2

STATE GOVERNMENT OPERATIONS

Section 1.

[2.92] DISTRICTING PRINCIPLES.

Subdivision 1.

Applicability.

The principles in this section apply to legislative and
congressional districts.

Subd. 2.

Nesting.

A representative district may not be divided in the formation of a
senate district.

Subd. 3.

Equal population.

(a) Legislative districts must be substantially equal in
population. The population of a legislative district must not deviate from the ideal by more
than 0.5 percent, plus or minus.

(b) Congressional districts must be as nearly equal in population as practicable.

Subd. 4.

Contiguity; compactness.

The districts must be composed of convenient
contiguous territory. To the extent consistent with the other principles in this section, districts
should be compact. Contiguity by water is sufficient if the water is not a serious obstacle
to travel within the district. Point contiguity is not sufficient.

Subd. 5.

Numbering.

(a) Legislative districts must be numbered in a regular series,
beginning with house district 1A in the northwest corner of the state and proceeding across
the state from west to east, north to south, but bypassing the 11-county metropolitan area
until the southeast corner has been reached; then to the 11-county metropolitan area. In a
county that includes more than one whole senate district, the districts must be numbered
consecutively.

(b) Congressional district numbers must begin with district one in the southeast corner
of the state and end with district eight in the northeast corner of the state.

Subd. 6.

Minority representation.

(a) The dilution of racial or ethnic minority voting
strength is contrary to the laws of the United States and the state of Minnesota. These
principles must not be construed to supersede any provision of the Voting Rights Act of
1965, as amended.

(b) A redistricting plan must not have the intent or effect of dispersing or concentrating
minority population in a manner that prevents minority communities from electing their
candidates of choice.

Subd. 7.

Minor civil divisions.

(a) A county, city, or town must not be unduly divided
unless required to meet equal population requirements or to form districts composed of
convenient, contiguous territory.

(b) A county, city, or town is not unduly divided in the formation of a legislative or
congressional district if:

(1) the division occurs because a portion of a city or town is noncontiguous with another
portion of the same city or town; or

(2) despite the division, the known population of any affected county, city, or town
remains wholly located within a single district.

Subd. 8.

Preserving communities of interest.

(a) Districts should attempt to preserve
identifiable communities of interest where that can be done in compliance with the principles
under this section.

(b) For purposes of this subdivision, "communities of interest" means recognizable areas
with similarities of interests including but not limited to racial, ethnic, geographic, social,
or cultural interests.

Subd. 9.

Incumbents.

The districts must not be drawn for the purpose of protecting or
defeating an incumbent.

Subd. 10.

Data to be used.

(a) The geographic areas and population counts used in
maps, tables, and legal descriptions of the districts must be those used by the Geographic
Information Systems Office of the Legislative Coordinating Commission. The population
counts shall be the block population counts provided to the state under Public Law 94-171
after each decennial census, subject to correction of any errors acknowledged by the United
States Census Bureau.

(b) Nothing in this subdivision prohibits the use of additional data, as determined by the
legislature.

Subd. 11.

Consideration of plans.

A redistricting plan must not be considered for
adoption by the senate or house of representatives until a block equivalency file showing
the district to which each census block has been assigned, in a form prescribed by the director
of the Geographic Information Systems Office, has been filed with the director.

Subd. 12.

Priority of principles.

Where it is not possible to fully comply with the
principles contained in subdivisions 2 to 9, a redistricting plan must give priority to those
principles in the order in which they are listed, except to the extent that doing so would
violate federal or state law.

EFFECTIVE DATE.

This section is effective the day following final enactment and
applies to any plan for districts enacted or established for use on or after that date.

Sec. 2.

Minnesota Statutes 2016, section 3.305, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

(a) "Legislative commission" means a joint commission,
committee, or other entity in the legislative branch composed exclusively of members of
the senate and the house of representatives.

(b) "Joint offices" means the Revisor of Statutes, Legislative Reference Library, the
Office of Legislative Auditor, the Legislative Budget Office, and any other joint legislative
service office.

Sec. 3.

Minnesota Statutes 2016, section 3.855, subdivision 2, is amended to read:


Subd. 2.

State employee negotiations.

(a) The commissioner of management and budget
shall regularly advise the commission on the progress of collective bargaining activities
with state employees under the state Public Employment Labor Relations Act. During
negotiations, the commission may make recommendations to the commissioner as it deems
appropriate but no recommendation shall impose any obligation or grant any right or privilege
to the parties.

(b) The commissioner shall submit to the chair of the commission any negotiated
collective bargaining agreements, arbitration awards, compensation plans, or salaries for
legislative approval or disapproval. Negotiated agreements shall be submitted within five
days of the date of approval by the commissioner or the date of approval by the affected
state employees, whichever occurs later. Arbitration awards shall be submitted within five
days of their receipt by the commissioner. If the commission disapproves a collective
bargaining agreement, award, compensation plan, or salary, the commission shall specify
in writing to the parties those portions with which it disagrees and its reasons. If the
commission approves a collective bargaining agreement, award, compensation plan, or
salary, it shall submit the matter to the legislature to be accepted or rejected under this
section.

(c) When the legislature is not in session, the commission may give interim approval to
a negotiated collective bargaining agreement, salary, compensation plan, or arbitration
award. When the legislature is not in session, failure of the commission to disapprove a
collective bargaining agreement or arbitration award within 30 days constitutes approval.

The commission shall submit the negotiated collective bargaining agreements, salaries,
compensation plans, or arbitration awards for which it has provided approval to the entire
legislature for ratification at a special legislative session called to consider them or at its
next regular legislative session as provided in this section. Approval or disapproval by the
commission is not binding on the legislature.

(d) When the legislature is not in session, the proposed collective bargaining agreement,
arbitration decision, salary, or compensation plan must be implemented upon its approval
by the commission, and state employees covered by the proposed agreement or arbitration
decision do not have the right to strike while the interim approval is in effect. Wages and
economic fringe benefit increases provided for in the agreement or arbitration decision paid
in accordance with the interim approval by the commission are not affected, but the wages
or benefit increases must cease to be paid or provided effective upon the rejection of the
agreement, arbitration decision, salary, or compensation plan, or upon adjournment of the
legislature without acting on it.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 4.

Minnesota Statutes 2016, section 3.8843, subdivision 7, is amended to read:


Subd. 7.

Expiration.

This section expires June 30, 2017 2019.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 5.

[3.8853] LEGISLATIVE BUDGET OFFICE.

The Legislative Budget Office is established under control of the Legislative Coordinating
Commission to provide the house of representatives and the senate with nonpartisan, accurate,
and timely information on the fiscal impact of proposed legislation, without regard to political
factors. The Legislative Coordinating Commission shall appoint a director who may hire
staff necessary to do the work of the office. The director serves a term of six years and may
not be removed during a term except for cause after a public hearing.

Sec. 6.

Minnesota Statutes 2016, section 3.971, subdivision 2, is amended to read:


Subd. 2.

Staff; compensation.

(a) The legislative auditor shall establish a Financial
Audits Division and a Program Evaluation Division to fulfill the duties prescribed in this
section.

(b) Each division may be supervised by a deputy auditor, appointed by the legislative
auditor, with the approval of the commission, for a term coterminous with the legislative
auditor's term. The deputy auditors may be removed before the expiration of their terms
only for cause. The legislative auditor and deputy auditors may each appoint a confidential
secretary to serve at pleasure. The salaries and benefits of the legislative auditor, deputy
auditors and confidential secretaries shall be determined by the compensation plan approved
by the Legislative Coordinating Commission. The deputy auditors may perform and exercise
the powers, duties and responsibilities imposed by law on the legislative auditor when
authorized by the legislative auditor.

(c) The legislative auditor must appoint a fiscal oversight officer with duties that include
performing the review under section 3.972, subdivision 4.

(d) The deputy auditors and the confidential secretaries serve in the unclassified civil
service, but the fiscal oversight officer and all other employees of the legislative auditor are
in the classified civil service. Compensation for employees of the legislative auditor in the
classified service shall be governed by a plan prepared by the legislative auditor and approved
by the Legislative Coordinating Commission and the legislature under section 3.855,
subdivision 3
.

(e) While in office, a person appointed deputy for the Financial Audit Division must
hold an active license as a certified public accountant.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 7.

Minnesota Statutes 2016, section 3.971, subdivision 6, is amended to read:


Subd. 6.

Financial audits.

The legislative auditor shall audit the financial statements
of the state of Minnesota required by section 16A.50 and, as resources permit, Minnesota
State Colleges and Universities, the University of Minnesota, state agencies, departments,
boards, commissions, offices, courts, and other organizations subject to audit by the
legislative auditor, including, but not limited to, the State Agricultural Society, Agricultural
Utilization Research Institute, Enterprise Minnesota, Inc., Minnesota Historical Society,
ClearWay Minnesota, Minnesota Sports Facilities Authority, Metropolitan Council,
Metropolitan Airports Commission, and Metropolitan Mosquito Control District. Financial
audits must be conducted according to generally accepted government auditing standards.
The legislative auditor shall see that all provisions of law respecting the appropriate and
economic use of public funds and other public resources are complied with and may, as
part of a financial audit or separately, investigate allegations of noncompliance.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 8.

Minnesota Statutes 2016, section 3.972, is amended by adding a subdivision to
read:


Subd. 4.

Certain transit financial activity reporting.

(a) The legislative auditor must
perform a transit financial activity review of financial information for the Metropolitan
Council's Transportation Division and the joint powers board under section 297A.992.
Within 14 days of the end of each fiscal quarter, the legislative auditor must submit the
review to the Legislative Audit Commission and the chairs and ranking minority members
of the legislative committees with jurisdiction over transportation policy and finance, finance,
and ways and means.

(b) At a minimum, each transit financial activity review must include:

(1) a summary of monthly financial statements, including balance sheets and operating
statements, that shows income, expenditures, and fund balance;

(2) a list of any obligations and agreements entered into related to transit purposes,
whether for capital or operating, including but not limited to bonds, notes, grants, and future
funding commitments;

(3) the amount of funds in clause (2) that has been committed;

(4) independent analysis by the fiscal oversight officer of the fiscal viability of revenues
and fund balance compared to expenditures, taking into account:

(i) all expenditure commitments;

(ii) cash flow;

(iii) sufficiency of estimated funds; and

(iv) financial solvency of anticipated transit projects; and

(5) a notification concerning whether the requirements under paragraph (c) have been
met.

(c) The Metropolitan Council and the joint powers board under section 297A.992 must
produce monthly financial statements as necessary for the review under paragraph (b),
clause (1), and provide timely information as requested by the legislative auditor.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 9.

Minnesota Statutes 2016, section 3.98, subdivision 1, is amended to read:


Subdivision 1.

Preparation.

(a) The head or chief administrative officer of each
department or agency of the state government, including the Supreme Court,
Legislative
Budget Office
shall prepare a fiscal note at the request of the chair of the standing committee
to which a bill has been referred, or the chair of the house of representatives Ways and
Means Committee, or the chair of the senate Committee on Finance.

(b) The head or chief administrative officer of each department or agency of state
government, including the Supreme Court, shall supply information for fiscal notes upon
request of the director of the Legislative Budget Office. The Legislative Budget Office may
adopt standards and guidelines governing timing of responses to requests for information
and governing access to data, consistent with laws governing access to data. Agencies must
comply with these standards and guidelines.

(c) For purposes of this subdivision, "Supreme Court" includes all agencies, committees,
and commissions supervised or appointed by the state Supreme Court or the state court
administrator.

Sec. 10.

Minnesota Statutes 2016, section 3.98, subdivision 4, is amended to read:


Subd. 4.

Uniform procedure.

The commissioner of management and budget Legislative
Budget Office
shall prescribe a uniform procedure to govern the departments and agencies
of the state in complying with the requirements of this section.

Sec. 11.

Minnesota Statutes 2016, section 3.987, subdivision 1, is amended to read:


Subdivision 1.

Local impact notes.

The commissioner of management and budget
Legislative Budget Office
shall coordinate the development of a local impact note for any
proposed legislation introduced after June 30, 1997, upon request of the chair or the ranking
minority member of either legislative Tax, Finance, or Ways and Means Committee. Upon
receipt of a request to prepare a local impact note, the commissioner office must notify the
authors of the proposed legislation that the request has been made. The local impact note
must be made available to the public upon request. If the action is among the exceptions
listed in section 3.988, a local impact note need not be requested nor prepared. The
commissioner office shall make a reasonable and timely estimate of the local fiscal impact
on each type of political subdivision that would result from the proposed legislation. The
commissioner of management and budget office may require any political subdivision or
the commissioner of an administrative agency of the state to supply in a timely manner any
information determined to be necessary to determine local fiscal impact. The political
subdivision, its representative association, or commissioner shall convey the requested
information to the commissioner of management and budget office with a signed statement
to the effect that the information is accurate and complete to the best of its ability. The
political subdivision, its representative association, or commissioner, when requested, shall
update its determination of local fiscal impact based on actual cost or revenue figures,
improved estimates, or both. Upon completion of the note, the commissioner office must
provide a copy to the authors of the proposed legislation and to the chair and ranking minority
member of each committee to which the proposed legislation is referred.

Sec. 12.

Minnesota Statutes 2016, section 6.481, subdivision 3, is amended to read:


Subd. 3.

CPA firm audit.

A county audit performed by a CPA firm must meet the
standards and be in the a form required by the state auditor meeting recognized industry
auditing standards
. The state auditor may require additional information from the CPA firm
if the state auditor determines that is in the public interest, but the state auditor must accept
the audit unless the state auditor determines it the audit or its form does not meet recognized
industry auditing standards or is not in the form required by the state auditor. The state
auditor may make additional examinations as the auditor determines to be in the public
interest.

Sec. 13.

Minnesota Statutes 2016, section 6.481, subdivision 6, is amended to read:


Subd. 6.

Payments to state auditor.

A county audited by the state auditor must pay the
state auditor for the costs and expenses of the audit. If the state auditor makes additional
examinations of a county whose audit is performed by a CPA firm, the county must pay the
auditor for the cost of these examinations. Payments must be deposited in the state auditor
enterprise
general fund.

Sec. 14.

Minnesota Statutes 2016, section 6.56, subdivision 2, is amended to read:


Subd. 2.

Billings by state auditor.

Upon the examination of the books, records, accounts,
and affairs of any political subdivision, as provided by law, such political subdivision shall
be liable to the state for the total cost and expenses of such examination, including the
salaries paid to the examiners while actually engaged in making such examination. The
state auditor may bill such political subdivision periodically for service rendered and the
officials responsible for approving and paying claims are authorized to pay said bill promptly.
Said payments shall be without prejudice to any defense against said claims that may exist
or be asserted. The state auditor enterprise general fund shall be credited with all collections
made for any such examinations, including interest payments made pursuant to subdivision
3.

Sec. 15.

Minnesota Statutes 2016, section 6.581, subdivision 4, is amended to read:


Subd. 4.

Reports to legislature.

At least 30 days before implementing increased charges
for examinations, the state auditor must report the proposed increases to the chairs and
ranking minority members of the committees in the house of representatives and the senate
with jurisdiction over the budget of the state auditor. By January 15 of each odd-numbered
year, the state auditor must report to the chairs and ranking minority members of the
legislative committees and divisions with primary jurisdiction over the budget of the state
auditor a summary of the state auditor enterprise fund anticipated revenues, and expenditures
related to examinations for the biennium ending June 30 of that year. The report must also
include for the biennium the number of full-time equivalents paid by the fund , by division,
employed by the Office of the State Auditor
, any audit rate changes stated as a percentage,
the number of audit reports issued, and the number of counties audited.

Sec. 16.

[6.92] LITIGATION EXPENSES.

(a) Unless funds are otherwise expressly provided by law for this purpose, all costs
incurred by the state auditor in preparing and asserting a civil claim or appeal, or in defending
against a civil claim or appeal, related to the proper exercise of the auditor's constitutionally
authorized core functions must be paid by the auditor's constitutional office division. Only
allocations made to the constitutional office division may be used to pay these costs. The
state auditor must report to the chairs and ranking minority members of the committees in
the house of representatives and the senate with jurisdiction over the Office of the State
Auditor by May 1, 2017, and January 1, 2018, and each January 1 thereafter, on the state
auditor's litigation expenses. The report must list each lawsuit the state auditor has brought
or is defending, the grounds for each suit, the litigation expenses incurred since the previous
report under this section, and the projected expenses to complete the suit.

(b) In complying with paragraph (a), the state auditor may not, directly or indirectly,
decrease allocations previously made to, transfer funds from, or otherwise reduce services
provided by any other division of the office.

Sec. 17.

[15.0395] INTERAGENCY AGREEMENTS AND INTRA-AGENCY
TRANSFERS.

(a) The head of each agency must provide quarterly reports to the chairs and ranking
minority members of the legislative committees with jurisdiction over the department or
agency's budget on:

(1) interagency agreements or service-level agreements and any renewals or extensions
of existing interagency or service-level agreements with another agency if the cumulative
value of those agreements is more than $50,000 in a single fiscal year; and

(2) transfers of appropriations between accounts within or between agencies, if the
cumulative value of the transfers is more than $50,000 in a single fiscal year.

The report must include the statutory citation authorizing the agreement, transfer or dollar
amount, purpose, and effective date of the agreement, the duration of the agreement, and a
copy of the agreement.

(b) As used in this section, "agency" includes the departments of the state listed in section
15.01, a multimember state agency in the executive branch described in section 15.012,
paragraph (a), the Office of MN.IT Services, and the Office of Higher Education.

Sec. 18.

[16A.1282] TRANSFERS TO THE GOVERNOR.

An agency shall not transfer money to the governor for services provided by the governor
or to reimburse expenses incurred by the governor.

Sec. 19.

Minnesota Statutes 2016, section 16A.90, is amended to read:


16A.90 EMPLOYEE GAINSHARING SYSTEM.

Subdivision 1.

Commissioner must establish program.

(a) The commissioner shall
establish a program to provide onetime bonus compensation to state employees for efforts
made to reduce the costs of operating state government or for ways of providing better or
more efficient state services. The commissioner may authorize an executive branch appointing
authority to make a onetime award to an employee or group of employees whose suggestion
or involvement in a project is determined by the commissioner to have resulted in documented
cost-savings to the state. Before authorizing awards under this section, the commissioner
shall establish guidelines for the program including but not limited to:

(1) the maximum award is ten percent of the documented savings in the first fiscal year
in which the savings are realized up to $50,000;

(2) the award must be paid from the appropriation to which the savings accrued; and

(3) employees whose primary job responsibility is to identify cost savings or ways of
providing better or more efficient state services are generally not eligible for bonus
compensation under this section except in extraordinary circumstances as defined by the
commissioner.

(b) The program required by this section must be in addition to any existing monetary
or nonmonetary performance-based recognition programs for state employees, including
achievement awards, continuous improvement awards, and general employee recognitions.

Subd. 2.

Biannual legislative report.

No later than August 1, 2017, and biannually
thereafter, the commissioner must report to the chairs and ranking minority members of the
house of representatives and senate committees with jurisdiction over Minnesota Management
and Budget on the status of the program required by this section. The report must detail:

(1) the specific program guidelines established by the commissioner as required by
subdivision 1, if the guidelines have not been described in a previous report;

(2) any proposed modifications to the established guidelines under consideration by the
commissioner, including the reason for the proposed modifications;

(3) the methods used by the commissioner to promote the program to state employees,
if the methods have not been described in a previous report;

(4) a summary of the results of the program that includes the following, categorized by
agency:

(i) the number of state employees whose suggestions or involvement in a project were
considered for possible bonus compensation, and a description of each suggestion or project
that was considered;

(ii) the total amount of bonus compensation actually awarded, itemized by each suggestion
or project that resulted in an award and the amount awarded for that suggestion or project;
and

(iii) the total amount of documented cost-savings that accrued to the agency as a result
of each suggestion or project for which bonus compensation was granted; and

(5) any recommendations for legislation that, in the judgment of the commissioner,
would improve the effectiveness of the bonus compensation program established by this
section or which would otherwise increase opportunities for state employees to actively
participate in the development and implementation of strategies for reducing the costs of
operating state government or for providing better or more efficient state services.

Sec. 20.

Minnesota Statutes 2016, section 16B.04, subdivision 2, is amended to read:


Subd. 2.

Powers and duties, generally.

Subject to other provisions of this chapter, the
commissioner is authorized to:

(1) supervise, control, review, and approve all state contracts and purchasing, provided
that the commissioner may not approve a state contract with, or the purchase of goods from,
a vendor who intentionally refuses to do business, or who intentionally discriminates in the
basic terms, conditions, or performance of a contract or sale, on the basis of a person's
national origin
;

(2) provide agencies with supplies and equipment;

(3) investigate and study the management and organization of agencies, and reorganize
them when necessary to ensure their effective and efficient operation;

(4) manage and control state property, real and personal;

(5) maintain and operate all state buildings, as described in section 16B.24, subdivision
1
;

(6) supervise, control, review, and approve all capital improvements to state buildings
and the capitol building and grounds;

(7) provide central mail facilities;

(8) oversee publication of official documents and provide for their sale;

(9) manage and operate parking facilities for state employees and a central motor pool
for travel on state business;

(10) provide rental space within the capitol complex for a private day care center for
children of state employees. The commissioner shall contract for services as provided in
this chapter;

(11) settle state employee workers' compensation claims;

(12) purchase, accept, transfer, warehouse, sell, distribute, or dispose of surplus property
in accordance with state and federal rules and regulations. The commissioner may charge
a fee to cover any expenses incurred in connection with any of these acts; and

(13) provide and manage a central distribution center for federal and state surplus personal
property, as defined in section 16B.2975, and may provide and manage a warehouse facility.

Sec. 21.

Minnesota Statutes 2016, section 16B.055, subdivision 1, is amended to read:


Subdivision 1.

Federal Assistive Technology Act.

(a) The Department of Administration
is designated as the lead agency to carry out all the responsibilities under the Assistive
Technology Act of 1998, as provided by Public Law 108-364, as amended. The Minnesota
Assistive Technology Advisory Council is established to fulfill the responsibilities required
by the Assistive Technology Act, as provided by Public Law 108-364, as amended. Because
the existence of this council is required by federal law, this council does not expire.

(b) Except as provided in paragraph (c), the governor shall appoint the membership of
the council as required by the Assistive Technology Act of 1998, as provided by Public
Law 108-364, as amended. After the governor has completed the appointments required by
this subdivision, the commissioner of administration, or the commissioner's designee, shall
convene the first meeting of the council following the appointments. Members shall serve
two-year terms commencing July 1 of each odd-numbered year, and receive the compensation
specified by the Assistive Technology Act of 1998, as provided by Public Law 108-364, as
amended. The members of the council shall select their chair at the first meeting following
their appointment.

(c) After consulting with the appropriate commissioner, the commissioner of
administration shall appoint a representative from:

(1) State Services for the Blind who has assistive technology expertise;

(2) vocational rehabilitation services who has assistive technology expertise;

(3) the Workforce Development Council; and

(4) the Department of Education who has assistive technology expertise.

Sec. 22.

Minnesota Statutes 2016, section 16B.335, subdivision 1, is amended to read:


Subdivision 1.

Construction and major remodeling.

(a) The commissioner, or any
other recipient to whom an appropriation is made to acquire or better public lands or buildings
or other public improvements of a capital nature, must not prepare final plans and
specifications for any construction, major remodeling, or land acquisition in anticipation
of which the appropriation was made until the agency that will use the project has presented
the program plan and cost estimates for all elements necessary to complete the project to
the chair of the senate Finance Committee and the chair of the house of representatives
Ways and Means Committee and the chairs have made their recommendations, and the
chair and ranking minority member of the senate Capital Investment Committee and the
chair and ranking minority member of the house of representatives Capital Investment
Committee are notified. "Construction or major remodeling" means construction of a new
building, a substantial addition to an existing building, or a substantial change to the interior
configuration of an existing building. The presentation must note any significant changes
in the work that will be done, or in its cost, since the appropriation for the project was
enacted or from the predesign submittal. The program plans and estimates must be presented
for review at least two weeks before a recommendation is needed. The recommendations
are advisory only. Failure or refusal to make a recommendation is considered a negative
recommendation.

(b) The chairs and ranking minority members of the senate Finance and Capital
Investment Committees and , the house of representatives Capital Investment and Ways and
Means Committees, and the house of representatives and senate budget committees or
divisions with jurisdiction over the agency that will use the project
must also be notified
whenever there is a substantial change in a construction or major remodeling project, or in
its cost. This notice must include the nature and reason for the change and the anticipated
cost of the change. The notice must be given no later than ten days after signing a change
order or other document authorizing a change in the project, or if there is not a change order
or other document, no later than ten days after the project owner becomes aware of a
substantial change in the project or its cost.

(b) (c) Capital projects exempt from the requirements of this subdivision in paragraph
(a) to seek recommendations before preparing final plans and specifications
include
demolition or decommissioning of state assets, hazardous material projects, utility
infrastructure projects, environmental testing, parking lots, parking structures, park and ride
facilities, bus rapid transit stations, light rail lines, passenger rail projects, exterior lighting,
fencing, highway rest areas, truck stations, storage facilities not consisting primarily of
offices or heated work areas, roads, bridges, trails, pathways, campgrounds, athletic fields,
dams, floodwater retention systems, water access sites, harbors, sewer separation projects,
water and wastewater facilities, port development projects for which the commissioner of
transportation has entered into an assistance agreement under section 457A.04, ice centers,
a local government project with a construction cost of less than $1,500,000, or any other
capital project with a construction cost of less than $750,000. The requirements in paragraph
(b) to give notice of changes applies to these projects.

Sec. 23.

Minnesota Statutes 2016, section 16B.371, is amended to read:


16B.371 ASSISTANCE TO SMALL AGENCIES.

(a) The commissioner may provide administrative support services to small agencies.
To promote efficiency and cost-effective use of state resources, and to improve financial
controls, the commissioner may require a small agency to receive administrative support
services through the Department of Administration or through another agency designated
by the commissioner. Services subject to this section include finance, accounting, payroll,
purchasing, human resources, and other services designated by the commissioner. The
commissioner may determine what constitutes a small agency for purposes of this section.
The commissioner, in consultation with the commissioner of management and budget and
small agencies, shall evaluate small agencies' needs for administrative support services. If
the commissioner provides administrative support services to a small agency, the
commissioner must enter into a service level agreement with the agency, specifying the
services to be provided and the costs and anticipated outcomes of the services.

(b) The Minnesota Council on Latino Affairs, the Council for Minnesotans of African
Heritage, the Council on Asian-Pacific Minnesotans, the Indian Affairs Council, and the
Minnesota State Council on Disability must may use the services specified in paragraph
(a).

(c) The commissioner of administration may must assess agencies for services it provides
under this section. The amounts assessed are appropriated to the commissioner.

(d) For agencies covered in this section, the commissioner has the authority to require
the agency to comply with applicable state finance, accounting, payroll, purchasing, and
human resources policies. The agencies served retain the ownership and responsibility for
spending decisions and for ongoing implementation of appropriate business operations.

Sec. 24.

Minnesota Statutes 2016, section 16B.4805, subdivision 2, is amended to read:


Subd. 2.

Reimbursement for making reasonable accommodation.

The commissioner
of administration shall reimburse state agencies for up to 50 percent of the cost of expenses
incurred in making reasonable accommodations eligible for reimbursement for agency
employees and applicants for employment to the extent that funds are available in the
accommodation account established under subdivision 3 for this purpose.

Sec. 25.

Minnesota Statutes 2016, section 16B.4805, subdivision 4, is amended to read:


Subd. 4.

Administration costs.

The commissioner may use up to 15 percent $5,000 of
the biennial appropriation for administration of this section.

Sec. 26.

Minnesota Statutes 2016, section 16B.97, is amended by adding a subdivision to
read:


Subd. 6.

Commerce grants.

The office must monitor grants made by the Department
of Commerce.

Sec. 27.

[16B.991] TERMINATION OF GRANT.

Each grant agreement subject to sections 16B.97 and 16B.98 must provide that the
agreement will immediately be terminated if:

(1) the recipient is convicted of a criminal offense relating to a state grant agreement;
or

(2) the agency entering into the grant agreement or the commissioner of administration
determines that the grant recipient is under investigation by a federal agency, a state agency,
or a local law enforcement agency for matters relating to administration of a state grant.

Sec. 28.

Minnesota Statutes 2016, section 16E.016, is amended to read:


16E.016 RESPONSIBILITY FOR INFORMATION TECHNOLOGY SERVICES
AND EQUIPMENT.

(a) The chief information officer is responsible for providing or entering into managed
services contracts for the provision, improvement, and development of the following
information technology systems and services to state agencies:

(1) state data centers;

(2) mainframes including system software;

(3) servers including system software;

(4) desktops including system software;

(5) laptop computers including system software;

(6) a data network including system software;

(7) database, electronic mail, office systems, reporting, and other standard software
tools;

(8) business application software and related technical support services;

(9) help desk for the components listed in clauses (1) to (8);

(10) maintenance, problem resolution, and break-fix for the components listed in clauses
(1) to (8);

(11) regular upgrades and replacement for the components listed in clauses (1) to (8);
and

(12) network-connected output devices.

(b) All state agency employees whose work primarily involves functions specified in
paragraph (a) are employees of the Office of MN.IT Services. This includes employees who
directly perform the functions in paragraph (a), as well as employees whose work primarily
involves managing, supervising, or providing administrative services or support services
to employees who directly perform these functions. The chief information officer may assign
employees of the office to perform work exclusively for another state agency.

(c) Subject to sections 16C.08 and 16C.09, the chief information officer may allow a
state agency to obtain services specified in paragraph (a) through a contract with an outside
vendor when the chief information officer and the agency head agree that a contract would
provide best value, as defined in section 16C.02, under the service-level agreement. The
chief information officer must require that agency contracts with outside vendors ensure
that systems and services are compatible with standards established by the Office of MN.IT
Services.

(d) The Minnesota State Retirement System, the Public Employees Retirement
Association, the Teachers Retirement Association, and the State Board of Investment, the
Campaign Finance and Public Disclosure Board, the State Lottery, and the Statewide Radio
Board
are not state agencies for purposes of this section.

(e) Effective upon certification by the chief information officer that the information
technology systems and services provided under this section meet all professional and
technical standards necessary for the entity to perform its functions, the following are state
agencies for purposes of this section: the Campaign Finance and Public Disclosure Board,
the State Lottery, and the Statewide Radio Board.

Sec. 29.

Minnesota Statutes 2016, section 16E.0466, is amended to read:


16E.0466 STATE AGENCY TECHNOLOGY PROJECTS.

Subdivision 1.

Consultation required.

(a) Every state agency with an information or
telecommunications project must consult with the Office of MN.IT Services to determine
the information technology cost of the project. Upon agreement between the commissioner
of a particular agency and the chief information officer, the agency must transfer the
information technology cost portion of the project to the Office of MN.IT Services. Service
level agreements must document all project-related transfers under this section. Those
agencies specified in section 16E.016, paragraph (d), are exempt from the requirements of
this section.

(b) Notwithstanding section 16A.28, subdivision 3, any unexpended operating balance
appropriated to a state agency may be transferred to the information and telecommunications
technology systems and services account for the information technology cost of a specific
project, subject to the review of the Legislative Advisory Commission, under section 16E.21,
subdivision 3
.

Subd. 2.

Legislative report.

No later than October 1, 2017, and quarterly thereafter, the
state chief information officer must submit a comprehensive project portfolio report to the
chairs and ranking minority members of the house of representatives and senate committees
with jurisdiction over state government finance on projects requiring consultation under
subdivision 1. The report must itemize:

(1) each project presented to the office for consultation in the time since the last report;

(2) the information technology cost associated with the project, including the information
technology cost as a percentage of the project's complete budget;

(3) the status of the information technology components of the project's development;

(4) the date the information technology components of the project are expected to be
completed; and

(5) the projected costs for ongoing support and maintenance of the information technology
components after the project is complete.

Sec. 30.

[43A.035] LIMIT ON NUMBER OF FULL-TIME EQUIVALENT
EMPLOYEES; USE OF AGENCY SAVINGS.

Subdivision 1.

Number of full-time equivalent employees limited.

The total number
of full-time equivalent employees employed in all executive branch agencies may not exceed
31,691. The commissioner of management and budget may forbid an executive agency from
hiring a new employee or from filling a vacancy as the commissioner determines necessary
to ensure compliance with this section. Any reductions in staff should prioritize protecting
client-facing health care workers, corrections officers, public safety workers, and mental
health workers. As a means of achieving compliance with this subdivision, the commissioner
may authorize an agency to provide an early retirement incentive to an executive branch
employee, under which the state will continue to make the employer contribution for health
insurance after the employee has terminated state service. The commissioner must prescribe
eligibility requirements and the maximum duration of the payments.

Subd. 2.

Use of savings resulting from vacant positions.

To the extent that an executive
branch agency accrues savings in personnel costs resulting from the departure of an agency
employee or the maintenance of a vacant position, those savings may only be used to support
a new employee in that position at an equal or lesser rate of compensation, and for an equal
or lesser full-time equivalent work status. Savings accrued from departed personnel or
maintenance of a vacant position may not be transferred or reallocated to another program
or activity within the executive branch agency, or used to increase the number of full-time
equivalent employees at the agency, unless expressly authorized by law.

Subd. 3.

Definition.

For purposes of this section, an "executive branch agency" does
not include the Minnesota State Colleges and Universities or statewide pension plans.

Sec. 31.

Minnesota Statutes 2016, section 43A.17, subdivision 11, is amended to read:


Subd. 11.

Severance pay for certain employees.

(a) For purposes of this subdivision,
"highly compensated employee" means an employee of the state whose estimated annual
compensation is greater than 60 percent of the governor's annual salary, and who is not
covered by a collective bargaining agreement negotiated under chapter 179A or a
compensation plan authorized under section 43A.18, subdivision 3a
.

(b) Severance pay for a highly compensated employee includes benefits or compensation
with a quantifiable monetary value, that are provided for an employee upon termination of
employment and are not part of the employee's annual wages and benefits and are not
specifically excluded by this subdivision. Severance pay does not include payments for
accumulated vacation, accumulated sick leave, and accumulated sick leave liquidated to
cover the cost of group term insurance. Severance pay for a highly compensated employee
does not include payments of periodic contributions by an employer toward premiums for
group insurance policies. The severance pay for a highly compensated employee must be
excluded from retirement deductions and from any calculations of retirement benefits.
Severance pay for a highly compensated employee must be paid in a manner mutually
agreeable to the employee and the employee's appointing authority over a period not to
exceed five years from retirement or termination of employment. If a retired or terminated
employee dies before all or a portion of the severance pay has been disbursed, the balance
due must be paid to a named beneficiary or, lacking one, to the deceased's estate. Except
as provided in paragraph (c), severance pay provided for a highly compensated employee
leaving employment may not exceed an amount equivalent to six months of pay the lesser
of:

(1) six months pay; or

(2) the highly compensated employee's regular rate of pay multiplied by 35 percent of
the highly compensated employee's accumulated but unused sick leave hours
.

(c) Severance pay for a highly compensated employee may exceed an amount equivalent
to six months of pay
the limit prescribed in paragraph (b) if the severance pay is part of an
early retirement incentive offer approved by the state and the same early retirement incentive
offer is also made available to all other employees of the appointing authority who meet
generally defined criteria relative to age or length of service.

(d) An appointing authority may make severance payments to a highly compensated
employee, up to the limits prescribed in this subdivision, only if doing so is authorized by
a compensation plan under section 43A.18 that governs the employee, provided that the
following highly compensated employees are not eligible for severance pay:

(1) a commissioner, deputy commissioner, or assistant commissioner of any state
department or agency as listed in section 15.01 or 15.06, including the state chief information
officer; and

(2) any unclassified employee who is also a public official, as defined in section 10A.01,
subdivision 35.

(e) Severance pay shall not be paid to a highly compensated employee who has been
employed by the appointing authority for less than six months or who voluntarily terminates
employment.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 32.

Minnesota Statutes 2016, section 43A.24, is amended by adding a subdivision to
read:


Subd. 1a.

Opt out.

(a) An individual eligible for state-paid hospital, medical, and dental
benefits under this section has the right to decline those benefits, provided the individual
declining the benefits can prove health insurance coverage from another source. Any
individual declining benefits must do so in writing, signed and dated, on a form provided
by the commissioner.

(b) The commissioner must create, and make available in hard copy and online a form
for individuals to use in declining state-paid hospital, medical, and dental benefits. The form
must, at a minimum, include notice to the declining individual of the next available
opportunity and procedure to re-enroll in the benefits.

(c) No later than January 15 of each year, the commissioner of management and budget
must provide a report to the chairs and ranking minority members of the legislative
committees with jurisdiction over state government finance on the number of employees
choosing to opt-out of state employee group insurance coverage under this section. The
report must provide itemized statistics, by agency, and include the total amount of savings
accrued to each agency resulting from the opt-outs.

Sec. 33.

[118A.09] ADDITIONAL LONG-TERM EQUITY INVESTMENT
AUTHORITY.

Subdivision 1.

Definition; qualifying government.

"Qualifying government" means:

(1) a county or statutory or home rule charter city with a population of more than 100,000;

(2) a county or statutory or home rule charter city which had its most recently issued
general obligation bonds rated in the highest category by a national bond rating agency; or

(3) a self-insurance pool listed in section 471.982, subdivision 3.

A county or statutory or home rule charter city with a population of 100,000 or less that is
a qualifying government, but is subsequently rated less than the highest category by a
national bond rating agency on a general obligation bond issue, may not invest additional
funds under this section but may continue to manage funds previously invested under
subdivision 2.

Subd. 2.

Additional investment authority.

Qualifying governments may invest the
amount described in subdivision 3:

(1) in index mutual funds based in the United States and indexed to a broad market
United States equity index; or

(2) with the Minnesota State Board of Investment subject to such terms and minimum
amounts as may be adopted by the board. Index mutual fund investments must be made
directly with the main sales office of the fund.

Subd. 3.

Funds.

(a) Qualifying governments may only invest under subdivision 2
according to the limitations in this subdivision. A qualifying government under subdivision
1, clause (1) or (2), may only invest its funds that are held for long-term capital plans
authorized by the city council or county board, or long-term obligations of the qualifying
government. Long-term obligations of the qualifying government include long-term capital
plan reserves, funds held to offset long-term environmental exposure, other postemployment
benefit liabilities, compensated absences, and other long-term obligations established by
applicable accounting standards.

(b) Qualifying governments under subdivision 1, clause (1) or (2), may invest up to 15
percent of the sum of:

(1) unassigned cash;

(2) cash equivalents;

(3) deposits; and

(4) investments.

This calculation must be based on the qualifying government's most recent audited statement
of net position, which must be compliant and audited pursuant to governmental accounting
and auditing standards. Once the amount invested reaches 15 percent of the sum of
unassigned cash, cash equivalents, deposits, and investments, no further funds may be
invested under this section; however, a qualifying government may continue to manage the
funds previously invested under this section even if the total amount subsequently exceeds
15 percent of the sum of unassigned cash, cash equivalents, deposits, and investments.

(c) A qualified government under subdivision 1, clause (3), may invest up to the lesser
of:

(1) 15 percent of the sum of its cash, cash equivalents, deposits, and investments; or

(2) 25 percent of its net assets as reported on the pool's most recent audited statement
of net position, which must be compliant and audited pursuant to governmental accounting
and auditing standards.

Subd. 4.

Approval.

Before investing pursuant to this section, the governing body of the
qualifying government must adopt a resolution that includes the following statements:

(1) the governing body understands that investments under subdivision 2 have a risk of
loss;

(2) the governing body understands the type of funds that are being invested and the
specific investment itself; and

(3) the governing body certifies that all funds designated for investment through the
State Board of Investment meet the requirements of this section and the policies and
procedures established by the State Board of Investment.

Subd. 5.

Public Employees Retirement Association to act as account administrator.

A qualifying government exercising authority under this section to invest amounts with the
State Board of Investment shall establish an account with the Public Employees Retirement
Association (PERA), which shall act as the account administrator.

Subd. 6.

Purpose of account.

The account established under subdivision 5 may only
be used for the purposes provided under subdivision 3. PERA may rely on representations
made by the qualifying government in exercising its duties as account administrator and
has no duty to further verify qualifications, use, or intended use of the funds that are invested
or withdrawn.

Subd. 7.

Account maintenance.

(a) A qualifying government may establish an account
to be held under the supervision of PERA for the purposes of investing funds with the State
Board of Investment under subdivision 2. PERA shall establish a separate account for each
qualifying government. PERA may charge participating qualifying governments a fee for
reasonable administrative costs. The amount of any fee charged by PERA is annually
appropriated to the association from the account. PERA may establish other reasonable
terms and conditions for creation and maintenance of these accounts.

(b) PERA must report to the qualifying government on the investment returns of invested
funds and on all investment fees or costs incurred by the account.

Subd. 8.

Investment.

(a) The assets of an account shall be invested and held as required
by this subdivision.

(b) PERA must certify all money in the accounts for which it is account administrator
to the State Board of Investment for investment under section 11A.14, subject to the policies
and procedures established by the State Board of Investment. Investment earnings must be
credited to the account of the individual qualifying government.

(c) For accounts invested by the State Board of Investment, the investment restrictions
shall be the same as those generally applicable to the State Board of Investment.

(d) A qualifying government may provide investment direction to PERA, subject to the
policies and procedures established by the State Board of Investment.

Subd. 9.

Withdrawal of funds and termination of account.

(a) A government may
withdraw some or all of its money or terminate the account.

(b) A government requesting withdrawal of money from an account created under this
section must do so at a time and in the manner required by the executive director of PERA,
subject to the policies and procedures established by the State Board of Investment.

Sec. 34.

Minnesota Statutes 2016, section 138.69, is amended to read:


138.69 PUBLIC AREAS OF THE CAPITOL.

The Minnesota State Historical Society is designated the research agency and is
responsible for the interpretation of the public areas for visitors to the Capitol. This involves
conducting or approving public programs and tours in the Capitol and State Office Building,
including exhibits held in the Capitol, providing informational services, acting as advisor
on preservation, recommending appropriate custodial policies, and maintaining and repairing
all works of art. Notwithstanding section 138.668, the society may not charge a fee for
general tours at the Capitol but may charge fees for special programs other than general
tours.

Sec. 35.

Minnesota Statutes 2016, section 155A.30, subdivision 5, is amended to read:


Subd. 5.

Conditions precedent to issuance.

A license must not be issued unless the
board first determines that the applicant has met the requirements in clauses (1) to (8) (9):

(1) the applicant must have a sound financial condition with sufficient resources available
to meet the school's financial obligations; to refund all tuition and other charges, within a
reasonable period of time, in the event of dissolution of the school or in the event of any
justifiable claims for refund against the school; to provide adequate service to its students
and prospective students; and to maintain proper use and support of the school;

(2) the applicant must have satisfactory training facilities with sufficient tools and
equipment and the necessary number of work stations to adequately train the students
currently enrolled, and those proposed to be enrolled;

(3) the applicant must employ a sufficient number of qualified instructors trained by
experience and education to give the training contemplated;

(4) the premises and conditions under which the students work and study must be sanitary,
healthful, and safe according to modern standards;

(5) each occupational course or program of instruction or study must be of such quality
and content as to provide education and training that will adequately prepare enrolled
students for testing, licensing, and entry level positions as a cosmetologist, esthetician, or
nail technician
;

(6) the school must have coverage by professional liability insurance of at least $25,000
per incident and an accumulation of $150,000 for each premium year;

(7) the applicant shall provide evidence of the school's compliance with section 176.182;

(8) the applicant, except the state and its political subdivisions as described in section
471.617 13.02, subdivision 1 11 , shall must file with the board a continuous corporate surety
bond in the amount of no less than ten percent of the preceding year's gross income from
student tuition, fees, and other required institutional charges, but in no event less than
$10,000, conditioned upon the faithful performance of all contracts and agreements with
students made by the applicant. New schools must base the bond amount on the anticipated
gross income from student tuition, fees, and other required institutional charges for the third
year of operation, but in no event less than $10,000. The applicant must compute the amount
of the surety bond and verify that the amount of the surety bond complies with this
subdivision.
The bond shall run to the state of Minnesota board and to any person who may
have a cause of action against the applicant arising at any time after the bond is filed and
before it is canceled for breach of any contract or agreement made by the applicant with
any student. The aggregate liability of the surety for all breaches of the conditions of the
bond shall not exceed $10,000.
The surety of the bond may cancel it upon giving 60 days'
notice in writing to the board and shall be relieved of liability for any breach of condition
occurring after the effective date of cancellation; and

(9) the applicant must, at all times during the term of the license, employ appoint a
designated licensed school manager who maintains a cosmetology salon manager license.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 36.

Minnesota Statutes 2016, section 179A.20, is amended by adding a subdivision
to read:


Subd. 2b.

Limited by appropriation.

The commissioner of management and budget
may not contract to pay more to employees in compensation and benefits in a biennium
than is permitted under an approved spending plan as provided in section 16A.14.

Sec. 37.

Minnesota Statutes 2016, section 270C.13, subdivision 1, is amended to read:


Subdivision 1.

Biennial report.

The commissioner shall report to the legislature by
March 1 of each odd-numbered year on the overall incidence of the income tax, sales and
excise taxes, and property tax. The report shall present information on the distribution of
the tax burden as follows: (1) for the overall income distribution, using a systemwide
incidence measure such as the Suits index or other appropriate measures of equality and
inequality; (2) by income classes, including at a minimum deciles of the income distribution;
and (3) by other appropriate taxpayer characteristics. The report must also include information
on the distribution of the burden of federal taxes borne by Minnesota residents.

Sec. 38.

Minnesota Statutes 2016, section 353.27, subdivision 3c, is amended to read:


Subd. 3c.

Former MERF members; member and employer contributions.

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

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

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

(d) For calendar years 2015 and 2016, The annual employer supplemental contribution
is the employing unit's share of $31,000,000. For calendar years 2017 through 2031, the
employer supplemental contribution is the employing unit's share of $21,000,000.

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

(f) The employer supplemental contribution amount under paragraph (d) for calendar
year 2015 must be invoiced by the executive director of the Public Employees Retirement
Association by July 1, 2015. The calendar year 2015 payment is payable in a single amount
on or before September 30, 2015. For subsequent calendar years, the employer supplemental
contribution under paragraph (d) must be invoiced on January 31 of each year and is payable
in two parts, with the first half payable on or before July 31 and with the second half payable
on or before December 15. Late payments are payable with compound interest at the rate
of 0.71 percent per month for each month or portion of a month that has elapsed after the
due date.

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

Sec. 39.

Minnesota Statutes 2016, section 353.505, is amended to read:


353.505 STATE CONTRIBUTIONS; FORMER MERF DIVISION.

(a) On September 15, 2015, and September 15, 2016, and annually thereafter, the state
shall pay to the general employees retirement plan of the Public Employees Retirement
Association, with respect to the former MERF division, $6,000,000. By September 15 of
each year after 2016, the state shall pay to the general employees retirement plan of the
Public Employees Retirement Association, with respect to the former MERF division,
$16,000,000.

(b) State contributions under this section end on September 15, 2031.

Sec. 40.

Minnesota Statutes 2016, section 471.6161, subdivision 8, is amended to read:


Subd. 8.

School districts; group health insurance coverage.

(a) Any entity providing
group health insurance coverage to a school district must provide the school district with
school district-specific nonidentifiable aggregate claims records for the most recent 24
months within 30 days of the request.

(b) School districts shall request proposals for group health insurance coverage as
provided in subdivision 2 from a minimum of three potential sources of coverage. One of
these requests must go to an administrator governed by chapter 43A.
Entities referenced in
subdivision 1 must respond to requests for proposals received directly from a school district.
School districts that are self-insured must also follow these provisions, except as provided
in paragraph (f). School districts must make requests for proposals at least 150 days prior
to the expiration of the existing contract but not more frequently than once every 24 months.
The request for proposals must include the most recently available 24 months of
nonidentifiable aggregate claims data. The request for proposals must be publicly released
at or prior to its release to potential sources of coverage.

(c) School district contracts for group health insurance must not be longer than two four
years unless the exclusive representative of the largest employment group and the school
district agree otherwise
.

(d) All initial proposals shall be sealed upon receipt until they are all opened no less
than 90 days prior to the plan's renewal date in the presence of up to three representatives
selected by the exclusive representative of the largest group of employees. Section 13.591,
subdivision 3
, paragraph (b), applies to data in the proposals. The representatives of the
exclusive representative must maintain the data according to this classification and are
subject to the remedies and penalties under sections 13.08 and 13.09 for a violation of this
requirement.

(e) A school district, in consultation with the same representatives referenced in paragraph
(d), may continue to negotiate with any entity that submitted a proposal under paragraph
(d) in order to reduce costs or improve services under the proposal. Following the negotiations
any entity that submitted an initial proposal may submit a final proposal incorporating the
negotiations, which is due no less than 75 days prior to the plan's renewal date. All the final
proposals submitted must be opened at the same time in the presence of up to three
representatives selected by the exclusive representative of the largest group of employees.
Notwithstanding section 13.591, subdivision 3, paragraph (b), following the opening of the
final proposals, all the proposals, including any made under paragraph (d), and other data
submitted in connection with the proposals are public data. The school district may choose
from any of the initial or final proposals without further negotiations and in accordance
with subdivision 5, but not sooner than 15 days after the proposals become public data.

(f) School districts that are self-insured shall follow all of the requirements of this section,
except that:

(1) their requests for proposals may be for third-party administrator services, where
applicable;

(2) these requests for proposals must be from a minimum of three different sources,
which may include both entities referenced in subdivision 1 and providers of third-party
administrator services;

(3) for purposes of fulfilling the requirement to request a proposal for group insurance
coverage from an administrator governed by chapter 43A, self-insured districts are not
required to include in the request for proposal the coverage to be provided;

(4) a district that is self-insured on or before the date of enactment, or that is self-insured
with more than 1,000 insured lives, or a district in which the school board adopted a motion
on or before May 14, 2014, to approve a self-insured health care plan to be effective July
1, 2014, may, but need not, request a proposal from an administrator governed by chapter
43A;

(5) (3) requests for proposals must be sent to providers no less than 90 days prior to the
expiration of the existing contract; and

(6) (4) proposals must be submitted at least 60 days prior to the plan's renewal date and
all proposals shall be opened at the same time and in the presence of the exclusive
representative, where applicable.

(g) Nothing in this section shall restrict the authority granted to school district boards
of education by section 471.59 , except that districts will not be considered self-insured for
purposes of this subdivision solely through participation in a joint powers arrangement
.

(h) An entity providing group health insurance to a school district under a multiyear
contract must give notice of any rate or plan design changes applicable under the contract
at least 90 days before the effective date of any change. The notice must be given to the
school district and to the exclusive representatives of employees.

(i) The exclusive representative of the largest group of employees shall comply with
this subdivision and must not exercise any of their abilities under section 43A.316,
subdivision 5, notwithstanding anything contained in that section, or any other law to the
contrary.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 41.

Minnesota Statutes 2016, section 471.617, subdivision 2, is amended to read:


Subd. 2.

Jointly.

Any two or more statutory or home rule charter cities, counties, school
districts, or instrumentalities thereof which together have more than 100 employees may
jointly self-insure for any employee health benefits including long-term disability, but not
for employee life benefits, subject to the same requirements as an individual self-insurer
under subdivision 1. Self-insurance pools under this section are subject to section 62L.045.
A self-insurance pool established and operated by one or more service cooperatives governed
by section 123A.21 to provide coverage described in this subdivision qualifies under this
subdivision, but the individual school district members of such a pool shall not be considered
to be self-insured for purposes of section 471.6161, subdivision 8, paragraph (f)
. The
commissioner of commerce may adopt rules pursuant to chapter 14, providing standards or
guidelines for the operation and administration of self-insurance pools.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 42.

Minnesota Statutes 2016, section 508.12, subdivision 1, is amended to read:


Subdivision 1.

Examiner and deputy examiner.

The judges of the district court shall
appoint a competent attorney in each county within their respective districts to be an examiner
of titles and legal adviser to the registrar in said county, to which examiner all applications
to register title to land are referred without further order, and may appoint attorneys to serve
as deputy examiners who shall act in the name of the examiner and under the examiner's
supervision and control, and the deputy's acts shall be the acts of the examiners. The examiner
of titles and deputy examiners shall hold office subject to the will and discretion of the
district court by whom appointed. The examiner's compensation and that of the examiner's
deputies shall be fixed and determined by the court and paid in the same manner as the
compensation of other county employees is paid except that in all counties having fewer
than 75,000 inhabitants, and in Stearns, Dakota, Scott, Wright, Sherburne, and Olmsted
Counties the fees and compensation of the examiners for services as legal adviser to the
registrar shall be determined by the judges of the district court and paid in the same manner
as the compensation of other county employees is paid, but in every other instance shall be
paid by the person applying to have the person's title registered or for other action or relief
which requires the services, certification or approval of the examiner.

Sec. 43.

Minnesota Statutes 2016, section 518A.79, is amended by adding a subdivision
to read:


Subd. 3a.

Open meetings.

Except as otherwise provided in this section, the task force
is subject to chapter 13D. A meeting of the task force occurs when a quorum is present and
the members receive information, discuss, or take action on any matter relating to the duties
of the task force. The task force may conduct meetings as provided in section 13D.015 or
13D.02. The task force may conduct meetings at any location in the state that is appropriate
for the purposes of the task force as long as the location is open and accessible to the public.
For legislative members of the task force, enforcement of this subdivision is governed by
section 3.055, subdivision 2. For nonlegislative members of the task force, enforcement of
this subdivision is governed by section 13D.06, subdivisions 1 and 2.

EFFECTIVE DATE.

This section is effective January 1, 2018.

Sec. 44.

Laws 2016, chapter 127, section 8, is amended to read:


Sec. 8. EFFECTIVE DATE; APPLICATION.

Sections 1 to 7 are effective the day following final enactment. With respect to eyelash
technicians, the Board of Cosmetologist Examiners must not enforce sections 1 to 7 until
July 1, 2017 February 1, 2018. Any educational or training requirements developed by the
board regarding eyelash technicians must be 14 hours.

Sec. 45. COMMISSIONER OF REVENUE TO DETERMINE ADEQUACY OF
CURRENT RULES AND VALUATION PRACTICES FOR STATE-ASSESSED
PIPELINES.

The commissioner of revenue must review all current rules and practices relating to the
valuation of pipeline companies that are assessed by the state. The commissioner must
determine whether current rules and practices provide accurate estimates of market value.
By February 1, 2018, the commissioner must prepare testimony for the house of
representatives and senate committees having jurisdiction over property taxes recommending
changes to the rules and practices to provide more accurate assessments and reduce the
number and amount of judgments against the state and counties for state-assessed pipeline
property. Costs associated with conducting the review required by this section must be paid
from existing funds appropriated to the commissioner by law.

Sec. 46. OFFICE OF MN.IT SERVICES; PERFORMANCE OUTCOMES
REQUIRED.

Subdivision 1.

Completion of agency consolidation.

No later than December 31, 2018,
the state chief information officer must complete the executive branch information technology
consolidation required by Laws 2011, First Special Session chapter 10, article 4. The head
of any state agency subject to consolidation must assist the state chief information officer
as necessary to implement the requirements of this subdivision.

Subd. 2.

Information technology efficiencies and solutions.

No later than December
31, 2018, the state chief information officer shall:

(1) host at least 25 percent of all state agency servers on a public cloud solution;

(2) store at least 35 percent of all state agency data on a public cloud solution; and

(3) operate no more than six data centers statewide.

Subd. 3.

Enterprise services; personnel efficiencies.

No later than June 30, 2019, the
state chief information officer shall reduce the Office of MN.IT Services' total cost for
enterprise services personnel by at least $3,000,000.

Subd. 4.

Legislative report; application consolidation.

No later than January 1, 2018,
the state chief information officer must submit a report to the chairs and ranking minority
members of the house of representatives and senate committees with jurisdiction over state
government finance on the status of business application software consolidation across state
agencies. At a minimum, the report must describe the outcomes achieved to date, a plan
and timeline for continued consolidation of business application software with measurable
outcome goals, and recommendations, if any, on legislation necessary to facilitate
achievement of these goals.

Sec. 47. INITIAL TRANSIT FINANCIAL ACTIVITY REPORTING.

(a) The first transit financial activity review and report submitted under Minnesota
Statutes, section 3.972, subdivision 4, must include financial information from the period
beginning on January 1, 2016, and through the end of the fiscal quarter immediately preceding
the date of the report.

(b) The legislative auditor must provide a copy of the review under paragraph (a) to
each county that is party to the joint powers agreement under Minnesota Statutes, section
297A.992.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 48. LIMIT ON EXPENDITURES FOR ADVERTISING.

During the fiscal years ending June 30, 2018, and June 30, 2019, an executive branch
agency's spending on advertising and promotions may not exceed 90 percent of the amount
the agency spent on advertising and promotions during the fiscal year ending June 30, 2016.
The commissioner of management and budget must ensure compliance with this limit and
may issue guidelines and policies to executive agencies. The commissioner may forbid an
agency from engaging in advertising as the commissioner determines necessary to ensure
compliance with this section. This section does not apply to the Minnesota Lottery, Explore
Minnesota Tourism, or the Minnesota State Colleges and Universities. Spending during the
biennium ending June 30, 2019, on advertising relating to a declared emergency, an
emergency, or a disaster, as those terms are defined in Minnesota Statutes, section 12.03,
is excluded for purposes of this section.

Sec. 49. TRANSITION; STATE AUDITOR ENTERPRISE FUND.

Notwithstanding any law to the contrary, receipts received by the state auditor on or
after July 1, 2017, from examinations conducted by the state auditor under Minnesota
Statutes, chapter 6, must be credited to the general fund. Amounts in the state auditor
enterprise fund at the end of fiscal year 2017 are transferred to the general fund.

Sec. 50. REIMBURSEMENT OF LEGAL COSTS FOR WRIGHT, BECKER, AND
RAMSEY COUNTIES.

The state auditor shall reimburse Wright, Becker, and Ramsey Counties for legal fees
incurred and costs and disbursements made as a result of defending against the state auditor's
lawsuit against them.

Sec. 51. LIMIT ON INCREASE IN MANAGERIAL COMPENSATION.

(a) Except as provided in paragraph (b), during the biennium ending June 30, 2019, an
employee covered by the managerial plan in Minnesota Statutes, section 43A.18, subdivision
3, may not be granted a percentage increase in annual salary that exceeds the lesser of:

(1) the percentage increase in Minnesota median household income, as determined by
the American Community Survey compiled by the United States Bureau of the Census, for
the most recent 12-month period for which data is available; or

(2) the percentage increase in the Consumer Price Index, as determined by the United
States Bureau of Labor Statistics, for the most recent 12-month period for which data is
available.

(b) This section does not apply to an employee whose salary is established according to
Minnesota Statutes, section 15A.083.

Sec. 52. SALARY LIMIT.

(a) During the fiscal year ending June 30, 2018, the aggregate amount spent by all
executive branch agencies on employee salaries may not exceed 101 percent of the aggregate
amount these agencies spent on employee salaries in the fiscal year ending June 30, 2017.

(b) During the fiscal year ending June 30, 2019, the aggregate amount spent by all
executive branch agencies on employee salaries may not exceed 103 percent of the aggregate
amount these agencies spent on employee salaries in the fiscal year ending June 30, 2017.

(c) For purposes of this section, "executive branch" has the meaning given in Minnesota
Statutes, section 43A.02, subdivision 22, and includes the Minnesota State Colleges and
Universities but not constitutional offices.

Sec. 53. ICE PALACE ON CAPITOL GROUNDS AUTHORIZED.

Subdivision 1.

Use agreement; terms required.

The commissioner of administration
may enter a use agreement with the St. Paul Festival and Heritage Foundation for the
construction, operation, and removal of an ice palace and related temporary structures on
the grounds of the State Capitol complex. If a use agreement for this purpose is entered, the
terms must include the following:

(1) mutually agreed upon beginning and end dates for access to the grounds for
construction, operation, and removal of the ice palace and related temporary structures;

(2) notwithstanding Minnesota Rules, part 7525.0400, an allowance for the St. Paul
Festival and Heritage Foundation to establish fees for admission to the ice palace and for
participation in related activities, and for vendors to sell concessions subject to terms
negotiated in the use agreement. Any fees established must allow a reasonable opportunity
for all Minnesotans, regardless of income, to access the palace and participate in related
activities, and must allow free or discounted admission to members of the military, military
veterans, and their families. A fee may not be charged for general admission to the Capitol
grounds or, to the extent practicable, for access to public memorials and monuments located
on the Capitol grounds;

(3) notwithstanding Minnesota Statutes, section 15B.28, and related rules of the Capitol
Area Architectural and Planning Board, an allowance for the St. Paul Festival and Heritage
Foundation to erect advertising devices promoting the ice palace and its sponsors and donors,
subject to terms negotiated in the use agreement;

(4) a restriction on private events that limit public access to the ice palace or surrounding
Capitol grounds, without prior approval of the commissioner of administration; and

(5) a requirement that, following removal of the ice palace and related temporary
structures, the St. Paul Festival and Heritage Foundation restore the Capitol grounds to the
same condition as existed prior to their construction.

Subd. 2.

Additional terms.

In addition to the terms required by subdivision 1, a use
agreement authorized by this section may include additional terms as necessary to preserve
the integrity, dignity, and security of the State Capitol building, the Capitol grounds, and
the surrounding public buildings, memorials, and monuments, and to ensure compliance
with other applicable laws governing commercial activity on public property.

Subd. 3.

Costs, expenses, and liabilities.

Unless expressly provided in the use agreement,
any costs or expenses incurred by the state or the city of St. Paul in implementing a use
agreement entered under this section must be paid or reimbursed by the St. Paul Festival
and Heritage Foundation. Notwithstanding Minnesota Statutes, section 3.736, subdivision
1, and Minnesota Statutes, section 466.02, the state, the city of St. Paul, and their employees
are not liable for losses incurred during the construction, operation, or removal of an ice
palace or related temporary structures, or losses incurred by a person while visiting the ice
palace or participating in related activities.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 54. WAITE PARK; HOTEL INSPECTION.

(a) Notwithstanding any other law to the contrary and in addition to any other requirement
in law, the city of Waite Park may adopt an ordinance to require a hotel, motel, or lodging
establishment operating within the city's jurisdiction to have a valid license issued by the
city. The license may prohibit the licensee from:

(1) knowingly allowing a room to be occupied for purposes of sex trafficking;

(2) knowingly allowing a room to be occupied for the purposes of illegal drug activity;

(3) knowingly allowing a room to be occupied by a minor for the consumption of
alcoholic beverages;

(4) prohibiting the inspection of the licensed premises;

(5) failing to report observed or suspected illegal activity to the police in a reasonable
period of time; and

(6) failure to maintain the licensed premises to all building, fire, mechanical, zoning or
licensing codes.

The ordinance may provide for inspections related to the activities the license addresses.
The city may collect a reasonable fee related to the cost of issuing the license and conducting
inspections.

(b) "Hotel," "motel," and "lodging establishment" are as defined in Minnesota Statutes,
section 157.15.

(c) The authority in this section does not replace or diminish the authority of the
community health board to inspect and license any hotel, motel, or lodging establishment
in the city.

EFFECTIVE DATE.

This section is effective the day following final enactment without
local approval, as provided in Minnesota Statutes, section 645.023, subdivision 1, paragraph
(a).

Sec. 55. EYELASH TECHNICIAN GRANDFATHERING.

(a) The board must issue grandfathered eyelash technician licenses no later than February
1, 2018, under the conditions in this section.

(b) A complete grandfathering application for an eyelash technician license must be
received in the board office between August 1, 2017, and January 31, 2018, and must contain:

(1) proof of a high school diploma or equivalent;

(2) proof of completion of an eyelash extension training course before July 1, 2017;

(3) proof of completion of a six-hour board-approved public health and safety course
provided by a board-licensed school or a board-recognized professional association organized
under Minnesota Statutes, chapter 317A. Four hours must be related to health, safety, and
infection control and two hours must be related to Minnesota laws and rules governing
cosmetology;

(4) original passing results no more than one year old of board-approved laws and rules
test and theory tests; and

(5) the practitioner fees required under Minnesota Statutes, section 155A.25.

(c) A complete grandfathering application for an eyelash salon manager license must
be received in the board office between August 1, 2017, and January 31, 2018, and must
contain:

(1) proof of a high school diploma or equivalent;

(2) proof of completion of an eyelash extension training course before July 1, 2017;

(3) documentation of at least 2,700 hours of experience performing eyelash extensions
within the last three years;

(4) original passing results no more than one year old of board-approved laws and rules
test and theory tests;

(5) original passing results no more than one year old of board-approved salon manager
test;

(6) proof of a six-hour board-approved public health and safety course provided by a
board-licensed school or a board-recognized professional association organized under
Minnesota Statutes, chapter 317A. Four hours must be related to infection control and two
hours must be related to Minnesota laws and rules; and

(7) the practitioner fees required under Minnesota Statutes, section 155A.25.

(d) Grandfathered licenses must not be expedited under Minnesota Statutes, section
155A.25, subdivision 7. The application timelines under Minnesota Statutes, section 155A.25,
subdivisions 5, 6, and 8, do not apply to grandfathered licenses.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 56. EYELASH TECHNICIAN RULEMAKING.

The Board of Cosmetologist Examiners shall adopt rules governing the eyelash technician
and salon licenses, which must include scope of practice, the conditions and process of
issuing and renewing the license, requirements related to education and testing, and 14 hours
of training regarding application of eyelash extensions in a board-licensed school. The board
may use the expedited rule process in Minnesota Statutes, section 14.389. The grant of
rulemaking authority under this section expires May 31, 2019.

Sec. 57. EYELASH TECHNICIAN LICENSING.

The Board of Cosmetologist Examiners must not issue an eyelash practitioner license
before February 1, 2018, except for grandfathered licenses issued under section 55. The
Board of Cosmetologist Examiners must not require a person to have an eyelash practitioner
license for eyelash extensions before February 1, 2018.

Sec. 58. REPEALER.

Subdivision 1.

State auditor enterprise fund.

Minnesota Statutes 2016, section 6.581,
subdivision 1,
is repealed.

Subd. 2.

Washington, D.C. office.

Minnesota Statutes 2016, section 4.46, is repealed.

ARTICLE 3

STATE BUDGETING TECHNICAL

Section 1.

Minnesota Statutes 2016, section 15.0596, is amended to read:


15.0596 ADDITIONAL COMPENSATION FROM CONTINGENT FUND
PROHIBITED.

In all cases where the compensation of an officer of the state is fixed by law at a specified
sum, it shall be unlawful for any such officer or employee to receive additional compensation
for the performance of official services out of the contingent fund of the officer or the
department, and it shall be unlawful for the head of any department of the state government
to direct the payment of such additional compensation out of the contingent fund; and the
commissioner of management and budget is hereby prohibited from issuing a warrant
payment
upon such contingent fund in payment of such additional compensation.

Every person offending against the provisions of this section shall be guilty of a
misdemeanor.

Sec. 2.

Minnesota Statutes 2016, section 15.191, subdivision 1, is amended to read:


Subdivision 1.

Emergency disbursements.

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 warrant where the warrant payment 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.

Sec. 3.

Minnesota Statutes 2016, section 15.191, subdivision 3, is amended to read:


Subd. 3.

Warrant Payment against designated appropriation.

Imprest cash funds
established under this section shall be created by warrant drawn payment issued against the
appropriation designated by the commissioner of management and budget.

Sec. 4.

Minnesota Statutes 2016, section 16A.065, is amended to read:


16A.065 PREPAY SOFTWARE, SUBSCRIPTIONS, UNITED STATES
DOCUMENTS.

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, and for newspaper, magazine, and other
subscription fees, and other costs where advance payment discount is provided or are
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.

Sec. 5.

Minnesota Statutes 2016, section 16A.13, subdivision 2a, is amended to read:


Subd. 2a.

Procedure.

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 warrant payable payment 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 warrant or check payment for the
deductions is promptly sent to the commissioner. The commissioner shall deposit the amount
of the warrant or check payment to the credit of the proper federal authority or other person
authorized by federal law to receive it.

Sec. 6.

Minnesota Statutes 2016, section 16A.134, is amended to read:


16A.134 CHARITABLE ORGANIZATIONS PAYROLL DEDUCTIONS.

An employee's contribution to a registered combined charitable organization defined in
section 43A.50 may be deducted from the employee's pay. On the employee's written request,
the commissioner shall deduct a requested amount from the pay of the employee for each
pay period. The commissioner shall issue a warrant payment in that amount to the specified
organization.

Sec. 7.

Minnesota Statutes 2016, section 16A.15, subdivision 3, is amended to read:


Subd. 3.

Allotment and encumbrance.

(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 draw a warrant
to
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.

Sec. 8.

Minnesota Statutes 2016, section 16A.17, subdivision 5, is amended to read:


Subd. 5.

Payroll duties.

When the department prepares the payroll for an agency, the
commissioner assumes the agency head's duties to make authorized or required deductions
from, or employer contributions on, the pay of the agency's employees and to prepare and
issue the necessary warrants payments.

Sec. 9.

Minnesota Statutes 2016, section 16A.272, subdivision 3, is amended to read:


Subd. 3.

Section 7.19 16A.271 to apply.

The provisions of Minnesota Statutes 1941,
section 7.19 16A.271, shall apply to deposits of securities made pursuant to this section.

Sec. 10.

Minnesota Statutes 2016, section 16A.40, is amended to read:


16A.40 WARRANTS AND ELECTRONIC FUND TRANSFERS.

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 warrant payment register, the number, amount, date, and payee for
every warrant payment issued.

The commissioner may require payees to supply their bank routing information to enable
the payments to be made through an electronic fund transfer.

Sec. 11.

Minnesota Statutes 2016, section 16A.42, subdivision 2, is amended to read:


Subd. 2.

Approval.

If the claim is approved, the commissioner shall complete and sign
a warrant
issue a payment in the amount of the claim.

Sec. 12.

Minnesota Statutes 2016, section 16A.42, subdivision 4, is amended to read:


Subd. 4.

Register.

The commissioner shall enter a warrant payment in the warrant
payment register as if it were a cash payment.

Sec. 13.

Minnesota Statutes 2016, section 16A.42, is amended by adding a subdivision to
read:


Subd. 5.

Invalid claims.

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.

Sec. 14.

Minnesota Statutes 2016, section 16A.56, is amended to read:


16A.56 COMMISSIONER'S RECEIPT AND CLAIM DUTIES.

The commissioner or a designee shall examine every receipt and claim, and if proper,
approve them, name the account to be charged or credited, and issue warrants payments to
pay claims.

Sec. 15.

Minnesota Statutes 2016, section 16A.671, subdivision 1, is amended to read:


Subdivision 1.

Authority; advisory recommendation.

To ensure that cash is available
when needed to pay warrants make payments 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.

Sec. 16.

Minnesota Statutes 2016, section 16B.37, subdivision 4, is amended to read:


Subd. 4.

Work of department for another.

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 warrant procedure established by the commissioner of management and
budget.

Sec. 17.

Minnesota Statutes 2016, section 16D.03, subdivision 2, is amended to read:


Subd. 2.

State agency reports.

State agencies shall report quarterly to the commissioner
of management and budget the debts owed to them. The commissioner of management and
budget, in consultation with the commissioners of revenue and human services, and the
attorney general,
shall establish internal guidelines for the recognition, tracking, and
reporting, and collection of debts owed the state. The internal guidelines must include
accounting standards, performance measurements, and uniform reporting requirements
applicable to all state agencies. The commissioner of management and budget shall require
a state agency to recognize, track, report, and attempt to collect debts according to the
internal guidelines. The commissioner, in consultation with the commissioner of management
and budget and the attorney general, shall establish internal guidelines for the collection of
debt owed to the state.

Sec. 18.

Minnesota Statutes 2016, section 16D.09, subdivision 1, is amended to read:


Subdivision 1.

Generally.

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. The
determination of the uncollectibility of a
Uncollectible debt must be reported by the state
agency along with the basis for that decision as part of its quarterly reports to the
commissioner of management and budget. The basis for the determination of the
uncollectibility of the debt must be maintained by the state agency.
Determining that the
debt is uncollectible does not cancel the legal obligation of the debtor to pay the debt.

Sec. 19.

Minnesota Statutes 2016, section 21.116, is amended to read:


21.116 EXPENSES.

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 budget's voucher warrant budget.

Sec. 20.

Minnesota Statutes 2016, section 43A.30, subdivision 2, is amended to read:


Subd. 2.

Payroll deduction.

If an eligible person who is on any payroll of the state or
an eligible person's dependents is enrolled for any of the optional coverages made available
by the commissioner pursuant to section 43A.26 the commissioner of management and
budget, upon the person's written order, shall deduct from the salary or wages of the person
those amounts required from time to time to maintain the optional coverages in force, and
issue a warrant payment therefor to the appropriate carrier.

Sec. 21.

Minnesota Statutes 2016, section 43A.49, is amended to read:


43A.49 VOLUNTARY UNPAID LEAVE OF ABSENCE.

(a) Appointing authorities in state government may allow each employee to take unpaid
leaves of absence for up to 1,040 hours in each two-year period beginning July 1 of each
odd-numbered year. Each appointing authority approving such a leave shall allow the
employee to continue accruing vacation and sick leave, be eligible for paid holidays and
insurance benefits, accrue seniority, and accrue service credit and credited salary in retirement
plans as if the employee had actually been employed during the time of leave. An employee
covered by the unclassified plan may voluntarily make the employee contributions to the
unclassified plan during the leave of absence. If the employee makes these contributions,
the appointing authority must make the employer contribution. If the leave of absence is
for one full pay period or longer, any holiday pay shall be included in the first payroll warrant
payment
after return from the leave of absence. The appointing authority shall attempt to
grant requests for the unpaid leaves of absence consistent with the need to continue efficient
operation of the agency. However, each appointing authority shall retain discretion to grant
or refuse to grant requests for leaves of absence and to schedule and cancel leaves, subject
to the applicable provisions of collective bargaining agreements and compensation plans.

(b) To receive eligible service credit and credited salary in a defined benefit plan, the
member shall pay an amount equal to the applicable employee contribution rates. If an
employee pays the employee contribution for the period of the leave under this section, the
appointing authority must pay the employer contribution. The appointing authority may, at
its discretion, pay the employee contributions. Contributions must be made in a time and
manner prescribed by the executive director of the applicable retirement system.

Sec. 22.

Minnesota Statutes 2016, section 49.24, subdivision 13, is amended to read:


Subd. 13.

Disposition of unclaimed dividends.

Upon the liquidation of any financial
institution liquidated by the commissioner as statutory liquidator, if any dividends or other
moneys set apart for the payment of claims remain unpaid, and the places of residence of
the owners thereof are unknown to the commissioner, the commissioner may pay same into
the state treasury as hereinafter provided. Whenever the commissioner shall be satisfied
that the process of liquidation should not be further continued the commissioner may make
and certify triplicate lists of any such unclaimed dividends or other moneys, specifying the
name of each owner, the amount due, and the last known address. Upon one of such lists,
to be retained by the commissioner shall be endorsed the commissioner's order that such
unclaimed moneys be forthwith deposited in the state treasury. When so deposited, one of
said lists shall be delivered to the commissioner of management and budget and the
commissioner shall retain in the commissioner's office such records and proofs concerning
said claims as the commissioner may have, which shall thereafter remain on file in the
office. The commissioner of management and budget shall execute upon the list retained
by the commissioner a receipt for such money, which shall operate as a full discharge of
the commissioner on account of such claims. At any time within six years after such receipt,
but not afterward, the claimant may apply to the commissioner for the amount so deposited
for the claimant's benefit, and upon proof satisfactory to the governor, the attorney general
and the commissioner, or to a majority of them, they shall give an order to the commissioner
of management and budget to issue a warrant payment for such amount, and such warrant
payment
shall thereupon be issued. If no such claim be presented within six years, the
commissioner shall so note upon the commissioner's copy of said list and certify the fact
to the commissioner of management and budget who shall make like entries upon the
commissioner of management and budget's corresponding lists; and all further claims to
said money shall be barred. Provided, that the commissioner of management and budget
shall transfer to the commissioner of commerce's liquidation fund created by this section
not to exceed 50 percent of the amount so turned over by the commissioner, to be used to
partially defray expenses in connection with the liquidation of closed banks and the conduct
of the liquidation division, in such amounts and at such times as the commissioner shall
request.

There is hereby appropriated to the persons entitled to such amounts, from such moneys
in the state treasury not otherwise appropriated, an amount sufficient to make such payment.

Sec. 23.

Minnesota Statutes 2016, section 49.24, subdivision 16, is amended to read:


Subd. 16.

Transfers to liquidation fund.

The following moneys shall be transferred to
and deposited in the commissioner of commerce's liquidation fund:

(1) All moneys paid to the commissioner of management and budget by the commissioner
out of funds of any financial institution in the commissioner's hands as reimbursement for
services and expenses pursuant to the provisions of subdivision 7.

(2) All moneys in the possession of the commissioner set aside for the purpose of meeting
unforeseen and contingent expenses incident to the liquidation of closed financial institutions,
which funds have been or shall be hereafter established by withholding portions of final
liquidating dividends in such cases.

(3) All moneys which the commissioner shall request the commissioner of management
and budget to transfer to such fund pursuant to the provisions of subdivision 13.

(4) All moneys in the possession of the commissioner now carried on the commissioner's
books in "stamp account," "suspense account," and "unclaimed deposit account."

(5) All moneys in the possession of the commissioner which the commissioner may be
authorized by order of any district court having jurisdiction of any liquidation proceedings
to transfer to such fund, or to use for any of the purposes for which the fund is established.

(6) All moneys in the possession of the commissioner carried on the commissioner's
books in the "unclaimed bonds account." At any time within six years after any bond the
proceeds of the sale of which constitute a portion of the moneys in this paragraph referred
to came into the possession of the commissioner as liquidator of any financial institution,
any claimant thereto may apply to the commissioner for the proceeds of the sale of such
bond, and, upon proof satisfactory to the governor, the attorney general, and the
commissioner, or a majority of them, they shall give an order to the commissioner of
management and budget to issue a warrant payment for such amount, without interest, and
such warrant payment shall thereupon be issued and the amount thereof paid out of the
commissioner of commerce's liquidation fund. If no such claim be presented within such
period, all further claims to the proceeds of any such bond shall be barred.

(7) All sums which the commissioner may receive from the sale of personal property of
liquidated financial institutions where the final dividend has been paid and no disposition
of said property made by any order of the court, and the proceeds of sales of any personal
property used by the liquidation division which have been purchased with funds of financial
institutions in liquidation.

Sec. 24.

Minnesota Statutes 2016, section 69.031, subdivision 1, is amended to read:


Subdivision 1.

Commissioner's warrant payment.

(a) The commissioner of management
and budget shall issue to the Public Employees Retirement Association on behalf of a
municipality or independent nonprofit firefighting corporation that is a member of the
voluntary statewide lump-sum volunteer firefighter retirement plan under chapter 353G, to
the Department of Natural Resources, the Department of Public Safety, or the county,
municipality, or independent nonprofit firefighting corporation certified to the commissioner
of management and budget by the commissioner a warrant payment for an amount equal
to the amount of fire state aid or police state aid, whichever applies, certified for the
applicable state aid recipient by the commissioner under section 69.021.

(b) Fire state aid and police state aid is payable on October 1 annually. The amount of
state aid due and not paid by October 1 accrues interest payable to the state aid recipient at
the rate of one percent for each month or part of a month that the amount remains unpaid
after October 1.

Sec. 25.

Minnesota Statutes 2016, section 80A.65, subdivision 9, is amended to read:


Subd. 9.

Generally.

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 warrant in 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.

Sec. 26.

Minnesota Statutes 2016, section 84A.23, subdivision 4, is amended to read:


Subd. 4.

Drainage ditch bonds; reports.

(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
draw a warrant issue a payment, 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.

Sec. 27.

Minnesota Statutes 2016, section 84A.33, subdivision 4, is amended to read:


Subd. 4.

Ditch bonds; funds; payments to counties.

(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 draw a warrant issue a payment, 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 warrants drawn
payments issued
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.

Sec. 28.

Minnesota Statutes 2016, section 84A.40, is amended to read:


84A.40 COUNTY MAY ASSUME BONDS.

Any county where a project or portion of it is located may voluntarily assume, in the
manner specified in this section, the obligation to pay a portion of the principal and interest
of the bonds issued before the approval and acceptance of the project and remaining unpaid
at maturity, of any school district or town in the county and wholly or partly within the
project. The portion must bear the same proportion to the whole of the unpaid principal and
interest as the last net tax capacity, before the acceptance of the project, of lands then
acquired by the state under sections 84A.31 to 84A.42 in the school districts or towns bears
to the total net tax capacity for the same year of the school district or town. This assumption
must be evidenced by a resolution of the county board of the county. A copy of the resolution
must be certified to the commissioner of management and budget within one year after the
acceptance of the project.

Later, if any of the bonds remains unpaid at maturity, the county board shall, upon
demand of the governing body of the school district or town or of a bondholder, provide
for the payment of the portion assumed. The county shall levy general taxes on all the taxable
property of the county for that purpose, or issue its bonds to raise the sum needed, conforming
to law respecting the issuance of county refunding bonds. The proceeds of taxes or bonds
must be paid by the county treasurer to the treasurer of the school district or town. No
payments shall be made by the county to the school district or town until the money in the
treasury of the school district or town, together with the money to be paid by the county, is
sufficient to pay in full each of the bonds as it becomes due.

If a county fails to adopt and certify the resolution, the commissioner of management
and budget shall withhold from the payments to be made to the county under section 84A.32
a sum equal to that portion of the principal and interest of the outstanding bonds that bears
the same proportion to the whole of the bonds as the above determined net tax capacity of
lands acquired by the state within the project bears to the total net tax capacity for the same
year of the school district or town. Money withheld from the county must be set aside in
the state treasury and not paid to the county until the full principal and interest of the school
district and town bonds have been paid.

If any bonds remain unpaid at maturity, upon the demand of the governing body of the
school district or town, or a bondholder, the commissioner of management and budget shall
issue to the treasurer of the school district or town a warrant payment for that portion of the
past due principal and interest computed as in the case of the county's liability authorized
in this section to be voluntarily assumed. Money received by a school district or town under
this section must be applied to the payment of past-due bonds and interest.

Sec. 29.

Minnesota Statutes 2016, section 84A.52, is amended to read:


84A.52 ACCOUNTS; EXAMINATION, APPROPRIATION, PAYMENT.

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
draw a warrant issue a payment 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 warrants payments from the state under any
provision of this chapter.

Money to pay the warrants make the payments is appropriated to the counties entitled
to payment from the consolidated fund in the state treasury.

Sec. 30.

Minnesota Statutes 2016, section 88.12, subdivision 1, is amended to read:


Subdivision 1.

Limitation.

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 draw a warrant issue a payment 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.

Sec. 31.

Minnesota Statutes 2016, section 94.522, is amended to read:


94.522 TRANSMISSION OF WARRANTS PAYMENTS TO COUNTY
TREASURERS; USE OF PROCEEDS.

It shall be the duty of the commissioner of management and budget to transmit warrants
on
payments from 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.

Sec. 32.

Minnesota Statutes 2016, section 94.53, is amended to read:


94.53 WARRANT PAYMENT TO COUNTY TREASURERS; FEDERAL LOANS
TO COUNTIES.

It shall be the duty of the commissioner of management and budget to transmit warrants
on
payments from 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 warrant or warrants payment 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).

Sec. 33.

Minnesota Statutes 2016, section 116J.64, subdivision 7, is amended to read:


Subd. 7.

Processing.

(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 cause a warrant request a payment to be drawn in favor of issued to the applicant
or
the applicable tribal government, or the agency, 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.

Sec. 34.

Minnesota Statutes 2016, section 126C.55, subdivision 2, is amended to read:


Subd. 2.

Notifications; payment; appropriation.

(a) If a school district or intermediate
school district believes that it may be unable to make a principal or interest payment on any
outstanding debt obligation on the date that payment is due, it must notify the commissioner
as soon as possible, but not less than 15 working days before the date that principal or
interest payment is due. The notice must include the name of the school district or
intermediate school district, an identification of the debt obligation issue in question, the
date the payment is due, the amount of principal and interest due on the payment date, the
amount of principal or interest that the school district or intermediate school district will be
unable to repay on that date, the paying agent for the debt obligation, the wire transfer
instructions to transfer funds to that paying agent, and an indication as to whether a payment
is being requested by the school district or intermediate school district under this section.
If a paying agent becomes aware of a potential default, it shall inform the commissioner of
that fact. After receipt of a notice which requests a payment under this section, after
consultation with the school district or intermediate school district and the paying agent,
and after verification of the accuracy of the information provided, the commissioner shall
notify the commissioner of management and budget of the potential default. The notice
must include a final figure as to the amount due that the school district or intermediate
school district will be unable to repay on the date due.

(b) Except as provided in subdivision 9, upon receipt of this notice from the
commissioner, the commissioner of management and budget shall issue a warrant payment
and authorize the commissioner of education to pay to the paying agent for the debt obligation
the specified amount on or before the date due. The amounts needed for the purposes of
this subdivision are annually appropriated to the department from the state general fund.

(c) The Departments of Education and Management and Budget must jointly develop
detailed procedures for school districts and intermediate school districts to notify the state
that they have obligated themselves to be bound by the provisions of this section, procedures
for school districts or intermediate school districts and paying agents to notify the state of
potential defaults and to request state payment under this section, and procedures for the
state to expedite payments to prevent defaults. The procedures are not subject to chapter
14.

Sec. 35.

Minnesota Statutes 2016, section 126C.55, subdivision 9, is amended to read:


Subd. 9.

State bond rating.

If the commissioner of management and budget determines
that the credit rating of the state would be adversely affected thereby, the commissioner of
management and budget shall not issue warrants payments under subdivision 2 for the
payment of principal or interest on any debt obligations for which a district did not, prior
to their issuance, obligate itself to be bound by the provisions of this section.

Sec. 36.

Minnesota Statutes 2016, section 126C.68, subdivision 3, is amended to read:


Subd. 3.

Warrant Payment.

The commissioner shall issue to each district whose note
has been so received a warrant payment on the debt service loan account of the maximum
effort school loan fund, payable on presentation to the commissioner of management and
budget out of any money in such account. The warrant payment shall be issued by the
commissioner in sufficient time to coincide with the next date on which the district is
obligated to make principal or interest payments on its bonded debt in the ensuing year.
Interest must accrue from the date such warrant payment is issued. The proceeds thereof
must be used by the district to pay principal or interest on its bonded debt falling due in the
ensuing year.

Sec. 37.

Minnesota Statutes 2016, section 126C.69, subdivision 14, is amended to read:


Subd. 14.

Participation by county auditor; record of contract; payment of loan.

The
district must file a copy of the capital loan contract with the county auditor of each county
in which any part of the district is situated. The county auditor shall enter the capital loan,
evidenced by the contract, in the auditor's bond register. The commissioner shall keep a
record of each capital loan and contract showing the name and address of the district, the
date of the contract, and the amount of the loan initially approved. On receipt of the resolution
required in subdivision 12, the commissioner shall issue warrants payments, which may be
dispersed in accordance with the schedule in the contract, on the capital loan account for
the amount that may be disbursed under subdivision 1. Interest on each disbursement of the
capital loan amount accrues from the date on which the commissioner of management and
budget issues the warrant payment.

Sec. 38.

Minnesota Statutes 2016, section 127A.34, subdivision 1, is amended to read:


Subdivision 1.

Copy to commissioner of management and budget; appropriation.

The commissioner shall furnish a copy of the apportionment of the school endowment fund
to the commissioner of management and budget, who thereupon shall draw warrants on
issue payments from
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.

Sec. 39.

Minnesota Statutes 2016, section 127A.40, is amended to read:


127A.40 MANNER OF PAYMENT OF STATE AIDS.

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 draw a warrant in favor of issue a payment to the district for
the amount shown by each certificate to be due to the district. The commissioner of
management and budget shall transmit such warrants payments to the district together with
a copy of the certificate prepared by the commissioner.

Sec. 40.

Minnesota Statutes 2016, section 136F.46, subdivision 1, is amended to read:


Subdivision 1.

Request; warrant payment.

The commissioner of management and
budget, upon the written request of an employee of the board, may deduct from an employee's
salary or wages the amount requested for payment to a nonprofit state college or university
foundation meeting the requirements in subdivision 2. The commissioner shall issue a
warrant payment for the deducted amount to the nonprofit foundation. The Penny Fellowship
and the Nellie Stone Johnson Scholarship Program of the Minnesota State University Student
Association shall be considered nonprofit state college and university foundations for
purposes of this section.

Sec. 41.

Minnesota Statutes 2016, section 136F.70, subdivision 3, is amended to read:


Subd. 3.

Refunds.

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 checks or warrants drawn on payments issued from 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.

Sec. 42.

Minnesota Statutes 2016, section 162.08, subdivision 10, is amended to read:


Subd. 10.

Project approval, reports.

When the county board of any county determines
to do any construction work on a county state-aid highway or other road eligible for the
expenditure of state aid funds within the county, and desires to expend on such work a
portion of the money apportioned or allocated to it out of the county state-aid highway fund,
the county shall first obtain approval of the project by the commissioner. Thereafter the
county engineer shall make such reports in such manner as the commissioner requires under
rules of the commissioner. Upon receipt of satisfactory reports, the commissioner shall
certify to the commissioner of management and budget the amount of money that is eligible
to be paid from the county's apportionment or allocation for the work under contract or
actually completed. The commissioner of management and budget shall thereupon issue a
warrant payment in that amount payable to the county treasurer. In no event shall the warrant
payment
with all other warrants payments issued exceed the amount apportioned and
allocated to the county.

Sec. 43.

Minnesota Statutes 2016, section 162.08, subdivision 11, is amended to read:


Subd. 11.

Certification required to issue warrants payment.

The commissioner of
management and budget shall not issue any warrants payments without the certification of
the commissioner.

Sec. 44.

Minnesota Statutes 2016, section 162.14, subdivision 4, is amended to read:


Subd. 4.

Project approval and reports.

When the governing body of any such city
determines to do any construction work on any municipal state-aid street or other streets
within the city upon which money apportioned out of the municipal state-aid street fund
may be used as provided in subdivision 2, the governing body shall first obtain the approval
of the commissioner. Thereafter, the engineer of the city shall make reports in such manner
as the commissioner requires in accordance with the commissioner's rules. Upon receipt of
satisfactory reports the commissioner shall certify to the commissioner of management and
budget the amount of money that is eligible to be paid from the city's apportionment for the
work under contract or actually completed. The commissioner of management and budget
shall thereupon issue a warrant payment in that amount payable to the fiscal officers of the
city. In no event shall the warrant payment with all other warrants payments issued exceed
the amount apportioned to the city.

Sec. 45.

Minnesota Statutes 2016, section 162.14, subdivision 5, is amended to read:


Subd. 5.

Certification required to issue warrant payment.

The commissioner of
management and budget shall not issue any warrants payments as provided for in subdivision
4 without the prior certification of the commissioner.

Sec. 46.

Minnesota Statutes 2016, section 162.18, subdivision 4, is amended to read:


Subd. 4.

Certification to commissioner of money required.

Any municipality issuing
and selling bonds pursuant to this section shall certify to the commissioner the amount of
money required annually for the payment of principal and interest on the obligation. Upon
receipt thereof, the commissioner shall certify to the commissioner of management and
budget the sum of money needed annually by the municipality for the principal and interest,
provided that the amount certified by the commissioner shall not exceed the limit heretofore
specified. The commissioner of management and budget shall thereafter, until said bonds
are retired, issue a warrant payment annually in the amount certified payable to the fiscal
officer of the municipality, and the amount thereof shall be deposited by the fiscal officer
in the sinking fund from which the obligations are payable.

Sec. 47.

Minnesota Statutes 2016, section 162.181, subdivision 4, is amended to read:


Subd. 4.

Certification to commissioner of money required.

Any county issuing and
selling bonds pursuant to this section shall certify to the commissioner the amount of money
required annually for the payment of principal and interest on the obligation. Upon receipt
thereof, the commissioner shall certify to the commissioner of management and budget the
sum of money needed annually by the county for the principal and interest, provided that
the amount certified by the commissioner shall not exceed the limit heretofore specified.
The commissioner of management and budget shall thereafter, until said bonds are retired,
issue a warrant payment annually in the amount certified payable to the county treasurer of
the county, and the amount thereof shall be deposited by the county treasurer in the sinking
fund from which the obligations are payable.

Sec. 48.

Minnesota Statutes 2016, section 163.051, subdivision 3, is amended to read:


Subd. 3.

Distribution to county; appropriation.

On a monthly basis, the registrar of
motor vehicles shall issue a warrant payment in favor of the treasurer of each county for
which the registrar has collected a wheelage tax in the amount of such tax then on hand in
the county wheelage tax account. There is hereby appropriated from the county wheelage
tax account each year, to each county entitled to payments authorized by this section,
sufficient moneys to make such payments.

Sec. 49.

Minnesota Statutes 2016, section 176.181, subdivision 2, is amended to read:


Subd. 2.

Compulsory insurance; self-insurers.

(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 warrants prepared payments requested 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.

Sec. 50.

Minnesota Statutes 2016, section 176.581, is amended to read:


176.581 PAYMENT TO STATE EMPLOYEES.

Upon a warrant request 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.

Sec. 51.

Minnesota Statutes 2016, section 176.591, subdivision 3, is amended to read:


Subd. 3.

Compensation payments upon warrants request.

The commissioner of
management and budget shall make compensation payments from the fund only as authorized
by this chapter upon warrants request of the commissioner of administration.

Sec. 52.

Minnesota Statutes 2016, section 192.55, is amended to read:


192.55 PAYMENTS TO BE MADE THROUGH ADJUTANT GENERAL.

All pay and allowances and necessary expenses for any of the military forces shall, when
approved by the adjutant general, be paid by the commissioner of management and budget's
warrants issued
budget 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 the commissioner
of management and budget's warrant budget 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.

Sec. 53.

Minnesota Statutes 2016, section 196.052, is amended to read:


196.052 GIFT ACCEPTANCE AND INVESTMENT.

On the behalf of the state, the commissioner may accept any gift, grant, bequest, or
devise made for the purposes of this chapter and chapter 197. The commissioner must
administer the funds as directed by the donor. All funds must be deposited in the state
treasury and credited to the veterans affairs endowment, bequest, and devises fund. The
balance of the fund is annually appropriated to the commissioner of veterans affairs to
accomplish the purposes of this chapter and chapter 197. Funds received by the commissioner
under this section in excess of current needs must be invested by the State Board of
Investment in accordance with section 11A.24. Disbursements from this fund must be in
the manner provided for the issuance of other state warrants payments. The commissioner
may refuse to accept any gift, grant, bequest, or devise if acceptance would not be in the
best interest of the state or Minnesota's veterans.

Sec. 54.

Minnesota Statutes 2016, section 198.16, is amended to read:


198.16 PLANNED GIVING.

The commissioner is authorized to accept on behalf of the state any gift, grant, bequest,
or devise made for the purposes of this chapter, and administer the same as directed by the
donor. All proceeds therefrom including money derived from the sale of any real or personal
property must be deposited in the state treasury, invested by the State Board of Investment
in accordance with sections 11A.24 and 11A.25, and credited to the Minnesota veterans
home endowment, bequest, and devises fund. That fund consists of separate accounts for
investing general and restricted gifts, money, and donations received and for any currently
expendable proceeds.

The commissioner shall maintain records of all gifts received, clearly showing the identity
of the donor, the purpose of the donation, and the ultimate disposition of the donation. Each
donation must be duly receipted and must be expended or used by the commissioner as
nearly in accordance with the condition of the gift or donation as is compatible with the
best interests of the residents of the homes. Money in the fund is appropriated to the
commissioner for the purposes for which it was received. Disbursements from this fund
shall be made in the manner provided for the issuance of other state warrants payments.

Whenever the commissioner shall deem it advisable, in accordance with law, to sell or
otherwise dispose of any real or personal property thus acquired, the commissioner of
administration upon the request of the commissioner shall sell or otherwise dispose of said
property in the manner provided by law for the sale or disposition of other state property
by the commissioner of administration.

Sec. 55.

Minnesota Statutes 2016, section 237.30, is amended to read:


237.30 TELEPHONE INVESTIGATION FUND; APPROPRIATION.

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 upon the warrant of by 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.

Sec. 56.

Minnesota Statutes 2016, section 241.13, subdivision 1, is amended to read:


Subdivision 1.

Contingent account.

The commissioner of corrections may permit a
contingent account to remain in the hands of the accounting officer of any such institution
from which expenditures may be made in case of actual emergency requiring immediate
payment to prevent loss or danger to the institution or its inmates and for the purpose of
paying freight, purchasing produce, livestock and other commodities requiring a cash
settlement, and for the purpose of discounting bills incurred, but in all cases subject to
revision by the commissioner of corrections. An itemized statement of every expenditure
made during the month from such account shall be submitted to the commissioner under
rules established by the commissioner. If necessary, the commissioner shall make proper
requisition upon the commissioner of management and budget for a warrant payment to
secure the contingent account for each institution.

Sec. 57.

Minnesota Statutes 2016, section 244.19, subdivision 7, is amended to read:


Subd. 7.

Certificate of counties entitled to state aid.

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 draw a
warrant in favor of
issue a payment to 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 warrant payment to the county treasurer together with a copy of the
certificate prepared by the commissioner of corrections.

Sec. 58.

Minnesota Statutes 2016, section 256B.20, is amended to read:


256B.20 COUNTY APPROPRIATIONS.

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 warrant payment
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 upon warrants in the same manner as other
state funds.

Sec. 59.

Minnesota Statutes 2016, section 260B.331, subdivision 2, is amended to read:


Subd. 2.

Cost of group foster care.

Whenever a child is placed in a group foster care
facility as provided in section 260B.198, subdivision 1, clause (2) or (3), item (v), the cost
of providing the care shall, upon certification by the juvenile court, be paid from the welfare
fund of the county in which the proceedings were held. To reimburse the counties for the
costs of providing group foster care for delinquent children and to promote the establishment
of suitable group foster homes, the state shall quarterly, from funds appropriated for that
purpose, reimburse counties 50 percent of the costs not paid by federal and other available
state aids and grants. Reimbursement shall be prorated if the appropriation is insufficient.

The commissioner of corrections shall establish procedures for reimbursement and certify
to the commissioner of management and budget each county entitled to receive state aid
under the provisions of this subdivision. Upon receipt of a certificate the commissioner of
management and budget shall issue a state warrant payment to the county treasurer for the
amount due, together with a copy of the certificate prepared by the commissioner of
corrections.

Sec. 60.

Minnesota Statutes 2016, section 260C.331, subdivision 2, is amended to read:


Subd. 2.

Cost of group foster care.

Whenever a child is placed in a group foster care
facility as provided in section 260C.201, subdivision 1, paragraph (b), clause (2) or (3), the
cost of providing the care shall, upon certification by the juvenile court, be paid from the
welfare fund of the county in which the proceedings were held. To reimburse the counties
for the costs of promoting the establishment of suitable group foster homes, the state shall
quarterly, from funds appropriated for that purpose, reimburse counties 50 percent of the
costs not paid by federal and other available state aids and grants. Reimbursement shall be
prorated if the appropriation is insufficient.

The commissioner of corrections shall establish procedures for reimbursement and certify
to the commissioner of management and budget each county entitled to receive state aid
under the provisions of this subdivision. Upon receipt of a certificate the commissioner of
management and budget shall issue a state warrant payment to the county treasurer for the
amount due, together with a copy of the certificate prepared by the commissioner of
corrections.

Sec. 61.

Minnesota Statutes 2016, section 273.121, subdivision 1, is amended to read:


Subdivision 1.

Notice.

Any county assessor or city assessor having the powers of a
county assessor, valuing or classifying taxable real property shall in each year notify those
persons whose property is to be included on the assessment roll that year if the person's
address is known to the assessor, otherwise the occupant of the property. The notice shall
be in writing and shall be sent by ordinary mail at least ten days before the meeting of the
local board of appeal and equalization under section 274.01 or the review process established
under section 274.13, subdivision 1c. Upon written request by the owner of the property,
the assessor may send the notice in electronic form or by electronic mail instead of on paper
or by ordinary mail. It shall contain: (1) the market value for the current and prior assessment,
(2) the qualifying amount of any improvements under section 273.11, subdivision 16, for
the current assessment, (3) the market value subject to taxation after subtracting the amount
of any qualifying improvements for the current assessment, (4) the classification of the
property for the current and prior assessment, (5) the assessor's office address, and (6) the
dates, places, and times set for the meetings of the local board of appeal and equalization,
the review process established under section 274.13, subdivision 1c, and the county board
of appeal and equalization. If the classification of the property has changed between the
current and prior assessments, a specific note to that effect shall be prominently listed on
the statement. The commissioner of revenue shall specify the form of the notice. The assessor
shall attach to the assessment roll a statement that the notices required by this section have
been mailed. Any assessor who is not provided sufficient funds from the assessor's governing
body to provide such notices, may make application to the commissioner of revenue to
finance such notices. The commissioner of revenue shall conduct an investigation and, if
satisfied that the assessor does not have the necessary funds, issue a certification to the
commissioner of management and budget of the amount necessary to provide such notices.
The commissioner of management and budget shall issue a warrant payment for such amount
and shall deduct such amount from any state payment to such county or municipality. The
necessary funds to make such payments are hereby appropriated. Failure to receive the
notice shall in no way affect the validity of the assessment, the resulting tax, the procedures
of any board of review or equalization, or the enforcement of delinquent taxes by statutory
means.

Sec. 62.

Minnesota Statutes 2016, section 287.08, is amended to read:


287.08 TAX, HOW PAYABLE; RECEIPTS.

(a) The tax imposed by sections 287.01 to 287.12 must be paid to the treasurer of any
county in this state in which the real property or some part is located at or before the time
of filing the mortgage for record. The treasurer shall endorse receipt on the mortgage and
the receipt is conclusive proof that the tax has been paid in the amount stated and authorizes
any county recorder or registrar of titles to record the mortgage. Its form, in substance, shall
be "registration tax hereon of ..................... dollars paid." If the mortgage is exempt from
taxation the endorsement shall, in substance, be "exempt from registration tax." In either
case the receipt must be signed by the treasurer. In case the treasurer is unable to determine
whether a claim of exemption should be allowed, the tax must be paid as in the case of a
taxable mortgage. For documents submitted electronically, the endorsements and tax amount
shall be affixed electronically and no signature by the treasurer will be required. The actual
payment method must be arranged in advance between the submitter and the receiving
county.

(b) The county treasurer may refund in whole or in part any mortgage registry tax
overpayment if a written application by the taxpayer is submitted to the county treasurer
within 3-1/2 years from the date of the overpayment. If the county has not issued a denial
of the application, the taxpayer may bring an action in Tax Court in the county in which
the tax was paid at any time after the expiration of six months from the time that the
application was submitted. A denial of refund may be appealed within 60 days from the
date of the denial by bringing an action in Tax Court in the county in which the tax was
paid. The action is commenced by the serving of a petition for relief on the county treasurer,
and by filing a copy with the court. The county attorney shall defend the action. The county
treasurer shall notify the treasurer of each county that has or would receive a portion of the
tax as paid.

(c) If the county treasurer determines a refund should be paid, or if a refund is ordered
by the court, the county treasurer of each county that actually received a portion of the tax
shall immediately pay a proportionate share of three percent of the refund using any available
county funds. The county treasurer of each county that received, or would have received,
a portion of the tax shall also pay their county's proportionate share of the remaining 97
percent of the court-ordered refund on or before the 20th day of the following month using
solely the mortgage registry tax funds that would be paid to the commissioner of revenue
on that date under section 287.12. If the funds on hand under this procedure are insufficient
to fully fund 97 percent of the court-ordered refund, the county treasurer of the county in
which the action was brought shall file a claim with the commissioner of revenue under
section 16A.48 for the remaining portion of 97 percent of the refund, and shall pay over the
remaining portion upon receipt of a warrant payment from the state issued pursuant to the
claim.

(d) When any mortgage covers real property located in more than one county in this
state the total tax must be paid to the treasurer of the county where the mortgage is first
presented for recording, and the payment must be receipted as provided in paragraph (a).
If the principal debt or obligation secured by such a multiple county mortgage exceeds
$10,000,000, the nonstate portion of the tax must be divided and paid over by the county
treasurer receiving it, on or before the 20th day of each month after receipt, to the county
or counties entitled in the ratio that the estimated market value of the real property covered
by the mortgage in each county bears to the estimated market value of all the real property
in this state described in the mortgage. In making the division and payment the county
treasurer shall send a statement giving the description of the real property described in the
mortgage and the estimated market value of the part located in each county. For this purpose,
the treasurer of any county may require the treasurer of any other county to certify to the
former the estimated market value of any tract of real property in any mortgage.

(e) The mortgagor must pay the tax imposed by sections 287.01 to 287.12. The mortgagee
may undertake to collect and remit the tax on behalf of the mortgagor. If the mortgagee
collects money from the mortgagor to remit the tax on behalf of the mortgagor, the mortgagee
has a fiduciary duty to remit the tax on behalf of the mortgagor as to the amount of the tax
collected for that purpose and the mortgagor is relieved of any further obligation to pay the
tax as to the amount collected by the mortgagee for this purpose.

Sec. 63.

Minnesota Statutes 2016, section 297I.10, subdivision 1, is amended to read:


Subdivision 1.

Cities of the first class.

(a) The commissioner shall order and direct a
surcharge to be collected of two percent of the fire, lightning, and sprinkler leakage gross
premiums, less return premiums, on all direct business received by any licensed foreign or
domestic fire insurance company on property in a city of the first class, or by its agents for
it, in cash or otherwise.

(b) By July 31 and December 31 of each year, the commissioner of management and
budget shall pay issue to each city of the first class a warrant payment for an amount equal
to the total amount of the surcharge on the premiums collected within that city since the
previous payment.

(c) The treasurer of the city shall place the money received under this subdivision in a
special account or fund to defray all or a portion of the employer contribution requirement
of public employees police and fire plan coverage for city firefighters.

Sec. 64.

Minnesota Statutes 2016, section 299C.21, is amended to read:


299C.21 PENALTY ON LOCAL OFFICER REFUSING INFORMATION.

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 a warrant for 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 a warrant for 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.

Sec. 65.

Minnesota Statutes 2016, section 348.05, is amended to read:


348.05 COMMISSIONER OF MANAGEMENT AND BUDGET TO ISSUE
WARRANT PAYMENT.

The commissioner of management and budget shall audit all such claims, and, on the
first Monday of October, in each year, shall issue a warrant payment to the several claimants
for the amount to which each is entitled; but, if the aggregate of compensation due to all
such claimants shall exceed the appropriation therefor, the commissioner shall distribute
the available amount amongst them pro rata, which distribution shall relieve the state from
further obligation to such claimants for the year.

Sec. 66.

Minnesota Statutes 2016, section 352.04, subdivision 9, is amended to read:


Subd. 9.

Erroneous deductions, canceled warrants payments.

(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 warrant or check payment,
and the check payment is canceled or the amount of the warrant or check payment 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 rate of 0.71 percent per month until June 30, 2015, and
0.667 percent per month thereafter, 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.

Sec. 67.

Minnesota Statutes 2016, section 352.05, is amended to read:


352.05 COMMISSIONER OF MANAGEMENT AND BUDGET TO BE
TREASURER OF SYSTEM.

The commissioner of management and budget is ex officio treasurer of the retirement
funds of the system. The general bond to the state shall cover all liability for actions as
treasurer of these funds. Funds of the system received by the commissioner of management
and budget must be set aside in the state treasury to the credit of the proper fund. The
commissioner of management and budget shall deliver to the director copies of all payroll
abstracts of the state together with the commissioner of management and budget's warrants
payments covering the deductions made on these payroll abstracts for the retirement fund.
The director shall have a list made of the commissioner of management and budget's warrants
payments
. These warrants payments must then be credited to the retirement fund. The
commissioner of management and budget shall pay out of this fund only upon abstracts
signed by the director, or by the finance officer designated by the director during the disability
or the absence of the director from the city of St. Paul, Minnesota. Abstracts for investments
may be signed by the executive director of the State Board of Investment.

Sec. 68.

Minnesota Statutes 2016, section 352.115, subdivision 12, is amended to read:


Subd. 12.

Death, return of warrants payments.

If at the time of death a retired
employee, a disabled employee, or a survivor has in possession the commissioner of
management and budget's warrants payments covering a retirement annuity, disability
benefit, or survivor benefit from the retirement fund, in the absence of probate proceedings,
and upon the return of the warrants payments for cancellation, payment of the accrued
annuity or benefit, shall be made as provided in subdivision 11, or 352.12, subdivision 4.
Payments made under this subdivision shall be a bar to recovery by any other person or
persons.

Sec. 69.

Minnesota Statutes 2016, section 352.12, subdivision 13, is amended to read:


Subd. 13.

Refund, beneficiary.

If upon death a former employee has in possession a
commissioner of management and budget's warrant payment which does not exceed $1,000
covering a refund of accumulated contributions in the retirement fund, in the absence of
probate proceedings the commissioner of management and budget's warrant payment may
be returned for cancellation, and then upon application made by the last designated
beneficiary of the deceased former employee, refund of the accumulated contributions must
be paid to the last designated beneficiary. Payments made under this subdivision are a bar
to recovery by any other person or persons.

Sec. 70.

Minnesota Statutes 2016, section 353.05, is amended to read:


353.05 CUSTODIAN OF FUNDS.

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 on warrants as payments 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.

Sec. 71.

Minnesota Statutes 2016, section 353.27, subdivision 7, is amended to read:


Subd. 7.

Adjustment for erroneous receipts or disbursements.

(a) Except as provided
in paragraph (b), erroneous employee deductions and erroneous employer contributions and
additional employer contributions to the general employees retirement plan of the Public
Employees Retirement Association or to the public employees police and fire retirement
plan for a person who otherwise does not qualify for membership under this chapter, are
considered:

(1) valid if the initial erroneous deduction began before January 1, 1990. Upon
determination of the error by the association, the person may continue membership in the
association while employed in the same position for which erroneous deductions were taken,
or file a written election to terminate membership and apply for a refund upon termination
of public service or defer an annuity under section 353.34; or

(2) invalid, if the initial erroneous employee deduction began on or after January 1,
1990. Upon determination of the error, the association shall refund all erroneous employee
deductions and all erroneous employer contributions as specified in paragraph (e). No person
may claim a right to continued or past membership in the association based on erroneous
deductions which began on or after January 1, 1990.

(b) Erroneous deductions taken from the salary of a person who did not qualify for
membership in the general employees retirement plan of the Public Employees Retirement
Association or in the public employees police and fire retirement plan by virtue of concurrent
employment before July 1, 1978, which required contributions to another retirement fund
or relief association established for the benefit of officers and employees of a governmental
subdivision, are invalid. Upon discovery of the error, allowable service credit for all invalid
service if forfeited and, upon termination of public service, the association shall refund all
erroneous employee deductions to the person, with interest as determined under section
353.34, subdivision 2, and all erroneous employer contributions without interest to the
employer. This paragraph has both retroactive and prospective application.

(c) Adjustments to correct employer contributions and employee deductions taken in
error from amounts which are not salary under section 353.01, subdivision 10, must be
made as specified in paragraph (e). The period of adjustment must be limited to the fiscal
year in which the error is discovered by the association and the immediate two preceding
fiscal years.

(d) If there is evidence of fraud or other misconduct on the part of the employee or the
employer, the board of trustees may authorize adjustments to the account of a member or
former member to correct erroneous employee deductions and employer contributions on
invalid salary and the recovery of any overpayments for a period longer than provided for
under paragraph (c).

(e) Upon discovery of the receipt of erroneous employee deductions and employer
contributions under paragraph (a), clause (2), or paragraph (c), the association must require
the employer to discontinue the erroneous employee deductions and erroneous employer
contributions reported on behalf of a member. Upon discontinuation, the association must:

(1) for a member, provide a refund in the amount of the invalid employee deductions
with interest on the invalid employee deductions at the rate specified under section 353.34,
subdivision 2
, from the received date of each invalid salary transaction through the date the
credit or refund is made;

(2) for a former member who:

(i) is not receiving a retirement annuity or benefit, return the erroneous employee
deductions to the former member through a refund with interest at the rate specified under
section 353.34, subdivision 2, from the received date of each invalid salary transaction
through the date the credit or refund is made; or

(ii) is receiving a retirement annuity or disability benefit, or a person who is receiving
an optional annuity or survivor benefit, for whom it has been determined an overpayment
must be recovered, adjust the payment amount and recover the overpayments as provided
under this section; and

(3) return the invalid employer contributions reported on behalf of a member or former
member to the employer by providing a credit against future contributions payable by the
employer.

(f) In the event that a salary warrant or check payment from which a deduction for the
retirement fund was taken has been canceled or the amount of the warrant or check payment
returned to the funds of the department making the payment, a refund of the sum deducted,
or any portion of it that is required to adjust the deductions, must be made to the department
or institution.

(g) If the association discovers that a retirement annuity, survivor benefit, or disability
benefit has been incorrectly calculated by using invalid service or salary, or due to any
erroneous calculation procedure, the association must recalculate the annuity or benefit
payable and begin payment of the corrected annuity or benefit effective the first of the month
following discovery of the error. Any overpayment resulting from the incorrect calculation
must be recovered as provided under subdivision 7b, if the accrual date, or any adjustment
in the amount of the annuity or benefit calculated after the accrual date, except adjustments
required under section 353.656, subdivision 4, falls within the current fiscal year and the
two immediate previous fiscal years.

(h) Notwithstanding the provisions of this subdivision, the association may apply the
Revenue Procedures defined in the federal Internal Revenue Service Employee Plans
Compliance Resolution System and not issue a refund of erroneous employee deductions
and employer contributions or not recover a small overpayment of benefits if the cost to
correct the error would exceed the amount of the member refund or overpayment.

(i) Any fees or penalties assessed by the federal Internal Revenue Service for any failure
by an employer to follow the statutory requirements for reporting eligible members and
salary must be paid by the employer.

Sec. 72.

Minnesota Statutes 2016, section 354.42, subdivision 7, is amended to read:


Subd. 7.

Erroneous salary deductions or direct payments.

(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 warrant or check payment from which a deduction for the retirement fund
was taken has been canceled or the amount of the warrant or if a check payment 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.

Sec. 73.

Minnesota Statutes 2016, section 354.52, subdivision 4, is amended to read:


Subd. 4.

Reporting and remittance requirements.

An employer shall remit all amounts
due to the association and furnish a statement indicating the amount due and transmitted
with any other information required by the executive director. If an amount due is not
received by the association within 14 calendar days of the payroll warrant payment, the
amount accrues interest at an annual rate of 8.5 percent compounded annually from the due
date until the amount is received by the association. All amounts due and other employer
obligations not remitted within 60 days of notification by the association must be certified
to the commissioner of management and budget who shall deduct the amount from any state
aid or appropriation amount applicable to the employing unit.

Sec. 74.

Minnesota Statutes 2016, section 354.52, subdivision 4b, is amended to read:


Subd. 4b.

Payroll cycle reporting requirements.

An employing unit shall provide the
following data to the association for payroll warrants payments on an ongoing basis within
14 calendar days after the date of the payroll warrant payments in a format prescribed by
the executive director:

(1) association member number;

(2) employer-assigned employee number;

(3) Social Security number;

(4) amount of each salary deduction;

(5) amount of salary as defined in section 354.05, subdivision 35, from which each
deduction was made;

(6) reason for payment;

(7) the beginning and ending dates of the payroll period covered and the date of actual
payment;

(8) fiscal year of salary earnings;

(9) total remittance amount including employee, employer, and additional employer
contributions;

(10) reemployed annuitant salary under section 354.44, subdivision 5; and

(11) other information as may be required by the executive director.

Sec. 75.

Minnesota Statutes 2016, section 401.15, subdivision 1, is amended to read:


Subdivision 1.

Certified statements; determinations; adjustments.

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 state warrant payment to the chief fiscal
officer of each participating county for the amount due together with a copy of the certificate
prepared by the commissioner.

Sec. 76.

Minnesota Statutes 2016, section 446A.086, subdivision 4, is amended to read:


Subd. 4.

Notifications; payment; appropriation.

(a) After receipt of a notice of a
default or potential default in payment of principal or interest in debt obligations covered
by this section or an agreement under this section, and after consultation with the
governmental unit and the paying agent, and after verification of the accuracy of the
information provided, the authority shall notify the commissioner of the potential default.
The notice must include a final figure as to the amount due that the governmental unit will
be unable to repay on the date due.

(b) Upon receipt of this notice from the authority, the commissioner shall issue a warrant
payment
and authorize the authority to pay to the bond holders or paying agent for the debt
obligation the specified amount on or before the date due. The amounts needed for the
purposes of this subdivision are annually appropriated to the authority from the general
fund.

Sec. 77.

Minnesota Statutes 2016, section 446A.16, subdivision 1, is amended to read:


Subdivision 1.

Functions of commissioner of management and budget.

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 on warrants drawn 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.

Sec. 78.

Minnesota Statutes 2016, section 462A.18, subdivision 1, is amended to read:


Subdivision 1.

Functions of commissioner of management and budget.

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 on warrants drawn 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.

Sec. 79.

Minnesota Statutes 2016, section 475A.04, subdivision 1, is amended to read:


Subdivision 1.

Procedure.

In the event that funds sufficient to pay all of the principal
and interest due on any guaranteed bond are not in the hands of the municipal treasurer or
the paying agent at least 15 days before the due date, the treasurer or agent shall report the
amount of the deficiency to the paying agent and the auditor who shall grant a loan to the
issuer in this amount and shall certify to the issuer, the paying agent, and the auditor and
treasurer of each county in which property subject to taxation by the issuer is situated, the
amount of the loan and interest to accrue thereon to the due date of the loan, and the
commissioner of management and budget shall issue a warrant payment for the principal
amount and shall remit it to the paying agent on or before the due date. If the municipal
treasurer fails to deposit funds with the paying agent sufficient to pay all principal and
interest due on any guaranteed bond on any date, without having previously given the notice
herein required, the paying agent may report the amount of the deficiency to the
commissioner of management and budget, who shall forthwith grant a loan to the issuer for
this amount plus interest to accrue thereon for one month at the rate represented by the
coupons then due, and the loan shall be certified and remitted as provided above. The paying
agent may advance its own funds for the payment of any guaranteed bonds and interest due
for which it has not received sufficient funds from the municipality, and may contract with
the municipality to make such advances, and shall be entitled to reimbursement therefor
from the proceeds of the loan, with interest at the rate represented by the coupons due. The
issuing municipality shall give a receipt to the commissioner of management and budget
for the amount of the loan and interest.

Sec. 80.

Minnesota Statutes 2016, section 525.841, is amended to read:


525.841 ESCHEAT RETURNED.

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 draw a warrant issue a payment 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
warrant payment 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.

ARTICLE 4

ADMINISTRATIVE RULEMAKING

Section 1.

Minnesota Statutes 2016, section 3.842, subdivision 4a, is amended to read:


Subd. 4a.

Objections to rules or proposed rules.

(a) For purposes of this subdivision,
"committee" means the house of representatives policy committee or senate policy committee
with primary jurisdiction over state governmental operations. The commission or a committee
may object to a rule or proposed rule as provided in this subdivision. If the commission or
a committee objects to all or some portion of a rule because the commission or committee
considers it to be
on the grounds that the rule or proposed rule:

(1) is beyond the procedural or substantive authority delegated to the agency, including
a proposed rule submitted under section 14.15, subdivision 4, or 14.26, subdivision 3,
paragraph (c)
;

(2) is inconsistent with the enabling statute;

(3) is unnecessary or redundant;

(4) has a substantial economic impact as defined in section 14.02, subdivision 5;

(5) is not based on sound, reasonably available scientific, technical, economic, or other
information;

(6) is not cost-effective;

(7) is unduly burdensome; or

(8) is more restrictive than the standard, limitation, or requirement imposed by federal
law or rule pertaining to the same subject matter.

If the commission or committee objects to all or some portion of a rule or proposed rule,
the commission or committee may shall file that objection in the Office of the Secretary of
State. The filed objection must contain a concise statement of the commission's or
committee's reasons for its action. An objection to a proposed rule submitted by the
commission or a committee under section 14.15, subdivision 4, or 14.26, subdivision 3,
paragraph (c), may not be filed before the rule is adopted
For a proposed rule, the objection
must be filed within 30 days of receipt of the notice under section 14.14, 14.22, 14.386,
14.388, 14.389, or 14.3895
.

(b) The secretary of state shall affix to each objection a certification of the date and time
of its filing and as soon after the objection is filed as practicable shall electronically transmit
a certified copy of it to the agency issuing the rule in question and to the revisor of statutes.
The secretary of state shall also maintain a permanent register open to public inspection of
all objections by the commission or committee.

(c) The commission or committee shall publish and index an objection filed under this
section in the next issue of the State Register. The revisor of statutes shall indicate the
existence of the objection adjacent to the rule in question when that rule is published in
Minnesota Rules.

(d) Within 14 days after the filing of an objection by the commission or committee to a
rule or proposed rule, the issuing agency shall respond in writing to the objecting entity.
After receipt of the response, the commission or committee may withdraw or modify its
objection. After the filing of an objection that is not subsequently withdrawn, the agency
may not adopt the rule until the legislature adjourns the annual legislative session that began
after the objection was filed. If the commission files an objection that is not subsequently
withdrawn, the commission may, as soon as practical, make a recommendation on a bill
that approves the proposed rule, prohibits adoption of the proposed rule, or amends or repeals
the law governing a previously adopted rule for which an objection was filed.

(e) After the filing of an objection by the commission or committee that is not
subsequently withdrawn, the burden is upon the agency in any proceeding for judicial review
or for enforcement of the rule to establish that the whole or portion of the rule objected to
is valid and demonstrates that the objection raised under paragraph (a) is not justified, based
on the criteria for objecting to a rule under paragraph (a)
.

(f) The failure of the commission or a committee to object to a rule is not an implied
legislative authorization of its validity.

(g) In accordance with sections 14.44 and 14.45, the commission or a committee may
petition for a declaratory judgment to determine the validity of a rule objected to by the
commission or committee. The action must be started within two years after an objection
is filed in the Office of the Secretary of State.

(h) The commission or a committee may intervene in litigation arising from agency
action. For purposes of this paragraph, agency action means the whole or part of a rule, or
the failure to issue a rule.

Sec. 2.

Minnesota Statutes 2016, section 14.002, is amended to read:


14.002 STATE REGULATORY POLICY.

The legislature recognizes the important and sensitive role for administrative rules in
implementing policies and programs created by the legislature. However, the legislature
finds that some regulatory rules and programs have become overly prescriptive and inflexible,
thereby increasing costs to the state, local governments, and the regulated community and
decreasing the effectiveness of the regulatory program. Therefore, whenever feasible, state
agencies must develop rules and regulatory programs that emphasize superior achievement
in meeting the agency's regulatory objectives and maximum flexibility for the regulated
party and the agency in meeting those goals.

Sec. 3.

Minnesota Statutes 2016, section 14.02, is amended by adding a subdivision to
read:


Subd. 5.

Substantial economic impact.

A rule has a "substantial economic impact" if
the rule would result in, or likely result in:

(1) an adverse effect or impact on the private-sector economy of the state of Minnesota
of $5,000,000 or more in a single year;

(2) a significant increase in costs or prices for consumers, individual private-sector
industries, state agencies, local governments, individuals, or private-sector enterprises within
certain geographic regions inside the state of Minnesota;

(3) significant adverse impacts on the competitiveness of private-sector Minnesota-based
enterprises, or on private-sector employment, investment, productivity, or innovation within
the state of Minnesota; or

(4) compliance costs, in the first year after the rule takes effect, of more than $25,000
for any one business that has fewer than 50 full-time employees, or for any one statutory
or home rule charter city that has fewer than ten full-time employees.

Sec. 4.

Minnesota Statutes 2016, section 14.05, subdivision 1, is amended to read:


Subdivision 1.

Authority to adopt original rules restricted.

(a) Each agency shall
adopt, amend, suspend, or repeal its rules:

(1) in accordance with the procedures specified in sections 14.001 to 14.69 , and ;

(2) only pursuant to authority delegated by law; and

(3) in full compliance with its duties and obligations.

(b) If a law authorizing rules is repealed, the rules adopted pursuant to that law are
automatically repealed on the effective date of the law's repeal unless there is another law
authorizing the rules.

(c) Except as provided in section sections 14.055, 14.06, 14.388, 14.389, and 14.3895,
sections 14.001 to 14.69 shall not be authority for an agency to adopt, amend, suspend, or
repeal rules.

Sec. 5.

Minnesota Statutes 2016, section 14.05, is amended by adding a subdivision to
read:


Subd. 1a.

Limitation regarding certain policies, guidelines, and other interpretive
statements.

An agency shall not seek to implement or enforce against any person a policy,
guideline, or other interpretive statement that meets the definition of a rule under this chapter
if the policy, guideline, or other interpretive statement has not been adopted as a rule in
accordance with this chapter including but not limited to solid waste policy plan revisions
authorized by other law. In any proceeding under chapter 14 challenging an agency action
prohibited by this subdivision, the reviewing authority must independently and without
deference to the agency determine if the agency has violated this subdivision. The agency
must overcome the presumption that its action may not be enforced as a rule.

Sec. 6.

Minnesota Statutes 2016, section 14.05, subdivision 2, is amended to read:


Subd. 2.

Authority to modify proposed rule.

(a) An agency may modify a proposed
rule in accordance with the procedures of the Administrative Procedure Act. However, an
agency may not modify a proposed rule so that it is substantially different from the proposed
rule in the notice of intent to adopt rules or notice of hearing.

(b) A modification does not make a proposed rule substantially different if:

(1) the differences are within the scope of the matter announced in the notice of intent
to adopt or notice of hearing and are in character with the issues raised in that notice;

(2) the differences are a logical outgrowth of the contents of the notice of intent to adopt
or notice of hearing and the comments submitted in response to the notice; and

(3) the notice of intent to adopt or notice of hearing provided fair warning that the
outcome of that rulemaking proceeding could be the rule in question.

(c) In determining whether the notice of intent to adopt or notice of hearing provided
fair warning that the outcome of that rulemaking proceeding could be the rule in question
the following factors must be considered:

(1) the extent to which persons who will be affected by the rule should have understood
that the rulemaking proceeding on which it is based could affect their interests;

(2) the extent to which the subject matter of the rule or issues determined by the rule are
different from the subject matter or issues contained in the notice of intent to adopt or notice
of hearing; and

(3) the extent to which the effects of the rule differ from the effects of the proposed rule
contained in the notice of intent to adopt or notice of hearing.

(d) A modification makes a proposed rule substantially different if the modification
causes a rule that did not previously have a substantial economic impact to have a substantial
economic impact.

Sec. 7.

Minnesota Statutes 2016, section 14.05, is amended by adding a subdivision to
read:


Subd. 5a.

Review and repeal of rules.

By December 1 of each odd-numbered year,
beginning December 1, 2017, an agency must submit to the governor, the Legislative
Coordinating Commission, the policy and funding committees and divisions with jurisdiction
over the agency, and the revisor of statutes, a list of any rules or portions of rules that are
obsolete, unnecessary, or duplicative of other state or federal statutes or rules. The list must
also include an explanation of why the rule or portion of the rule is obsolete, unnecessary,
or duplicative of other state or federal statutes or rules. The agency must either report a
timetable for repeal of the rule or portion of the rule, or must develop a bill for submission
to the appropriate policy committee to repeal the obsolete, unnecessary, or duplicative rule.
A report submitted under this subdivision must be signed by the person in the agency who
is responsible for identifying and initiating repeal of obsolete rules. The report also must
identify the status of any rules identified in the prior report as obsolete, unnecessary, or
duplicative. If none of an agency's rules are obsolete, unnecessary, or duplicative, an agency's
report must state that conclusion.

Sec. 8.

Minnesota Statutes 2016, section 14.05, is amended by adding a subdivision to
read:


Subd. 5b.

Review and repeal of environmental assessment worksheets and impact
statements.

By December 1, 2017, and each odd-numbered year thereafter, the
Environmental Quality Board, Pollution Control Agency, Department of Natural Resources,
and Department of Transportation, after consultation with political subdivisions, shall submit
to the governor, the Legislative Coordinating Commission, the chairs and ranking minority
members of the house of representatives and senate committees having jurisdiction over
environment and natural resources, and the revisor of statutes a list of mandatory
environmental assessment worksheets or mandatory environmental impact statements for
which the agency or a political subdivision is designated as the responsible government
unit, and for each worksheet or statement, a document including:

(1) intended outcomes of the specific worksheet or statement;

(2) the cost to state and local government and the private sector;

(3) the relationship of the worksheet or statement to other local, state, and federal permits;
and

(4) a justification for why the mandatory worksheet or statement should not be eliminated
and its intended outcomes achieved through an existing permit or other federal, state, or
local law.

Sec. 9.

Minnesota Statutes 2016, section 14.05, subdivision 6, is amended to read:


Subd. 6.

Veto of adopted rules.

The governor may veto all or a severable portion of a
rule of an agency as defined in section 14.02, subdivisions 2 and 4, by submitting notice of
the veto to the State Register within 14 days of receiving a copy of the rule from the secretary
of state under section 14.16, subdivision 3, 14.26, subdivision 3 5 , or 14.386 , or the agency
under section 14.389, subdivision 3, or section 14.3895. The veto is effective when the veto
notice is submitted to the State Register. This authority applies only to the extent that the
agency itself would have authority, through rulemaking, to take such action. If the governor
vetoes a rule or portion of a rule under this section, the governor shall notify the chairs of
the legislative committees having jurisdiction over the agency whose rule was vetoed.

Sec. 10.

Minnesota Statutes 2016, section 14.05, subdivision 7, is amended to read:


Subd. 7.

Electronic documents permitted.

(a) If sections 14.05 to 14.3895 require an
agency to provide notice or documents to the public, the legislature, or other state agency,
the agency may send the notice or document, or a link to the notice or document, using any
reliable method of electronic transmission.

(b) The agency must also send a paper copy of the notice or document if requested to
do so by a member of the public, legislature, or other state agency.

(c) An agency may file rule-related documents with the Office of Administrative Hearings
by electronic transmission in the manner approved by that office and the Office of the
Revisor of Statutes by electronic transmission in the manner approved by that office.

Sec. 11.

Minnesota Statutes 2016, section 14.101, subdivision 1, is amended to read:


Subdivision 1.

Required notice.

In addition to seeking information by other methods
designed to reach persons or classes categories of persons who might be affected by the
proposal, an agency, at least 60 days before publication of a notice of intent to adopt or a
notice of hearing, shall solicit comments from the public on the subject matter of a possible
rulemaking proposal under active consideration within the agency by causing notice to be
published in the State Register. The notice must include a description of the subject matter
of the proposal and the types of groups and individuals likely to be affected, and must
indicate where, when, and how persons may comment on the proposal and whether and
how drafts of any proposal may be obtained from the agency.

This notice must be published within 60 days of the effective date of any new or
amendatory law requiring rules to be adopted, amended, or repealed.

An agency intending to adopt an expedited rule under section 14.389 is exempt from
the requirements of this section.

Sec. 12.

[14.105] RULE NOTIFICATION.

Subdivision 1.

Rule notification list.

(a) Each agency shall maintain a list of all persons
who have registered with the agency for the purpose of receiving notice of rule proceedings.
A person may register to receive notice of rule proceedings by submitting to the agency:

(1) the person's electronic mail address; or

(2) the person's name and United States mail address, along with a request to receive
copies of the notices by mail.

(b) The agency shall post information on its Web site describing the registration process.

(c) The agency may inquire as to whether those persons on the list in paragraph (a) wish
to remain on it and may remove persons for whom there is a negative reply or no reply
within 60 days.

Subd. 2.

Additional notice.

(a) Each agency shall make reasonable efforts to notify
persons or categories of persons who may be significantly affected by the rule being proposed
by giving notice of its rule proceedings in newsletters, newspapers, or other publications,
or through other means of communication.

(b) For each rulemaking, the agency shall develop an additional notice plan describing
its efforts to provide additional notification to persons or categories of persons who may be
affected by the proposed rule or must explain why these efforts were not made. The additional
notice plan must be submitted to the administrative law judge with the other submissions
required by section 14.14, subdivision 2a, or 14.26. The agency also may seek prior approval
of the additional notice plan under the rules of the Office of Administrative Hearings.

Sec. 13.

Minnesota Statutes 2016, section 14.116, is amended to read:


14.116 NOTICE TO LEGISLATURE.

(a) By January 15 each year, each agency must submit its current rulemaking docket
maintained under section 14.366 , and the official rulemaking record required under section
14.365 for any rule adopted during the preceding calendar year,
to the chairs and ranking
minority members of the legislative policy and budget committees with jurisdiction over
the subject matter of the proposed rule and to the Legislative Coordinating Commission.
Each agency must post a link to its rulemaking docket on the agency Web site home page
.

(b) When an agency mails sends a notice of intent to adopt rules hearing under section
14.14 or a notice of intent to adopt rules or dual notice under section 14.22, the agency must
send a copy of the same notice and a copy of the statement of need and reasonableness to
the chairs and ranking minority party members of the legislative policy and budget
committees with jurisdiction over the subject matter of the proposed rules and to the
Legislative Coordinating Commission.

(c) In addition, if the mailing of the notice is within two years of the effective date of
the law granting the agency authority to adopt the proposed rules, the agency shall make
reasonable efforts to send a copy of the notice and the statement to all sitting legislators
who were chief house of representatives and senate authors of the bill granting the rulemaking
authority. If the bill was amended to include this rulemaking authority, the agency shall
make reasonable efforts to send the notice and the statement to the chief house of
representatives and senate authors of the amendment granting rulemaking authority, rather
than to the chief authors of the bill.

Sec. 14.

Minnesota Statutes 2016, section 14.125, is amended to read:


14.125 TIME LIMIT ON AUTHORITY TO ADOPT, AMEND, OR REPEAL
RULES.

An agency shall publish a notice of intent to adopt rules or a notice of hearing under
section 14.14, or a notice of intent to adopt rules or dual notice under section 14.22,
within
18 months of the effective date of the law authorizing or requiring rules to be adopted,
amended, or repealed. If the notice is not published within the time limit imposed by this
section, the authority for the rules expires. The agency shall not use other law in existence
at the time of the expiration of rulemaking authority under this section as authority to adopt,
amend, or repeal these rules
agency shall report to the Legislative Coordinating Commission,
other appropriate committees of the legislature, and the governor its failure to publish a
notice and the reasons for that failure
.

An agency that publishes a notice of intent to adopt rules or a notice of hearing within
the time limit specified in this section may subsequently amend or repeal the rules without
additional legislative authorization.

Sec. 15.

Minnesota Statutes 2016, section 14.127, is amended to read:


14.127 LEGISLATIVE APPROVAL REQUIRED.

Subdivision 1.

Cost thresholds Substantial economic impact.

An agency must
determine if the cost of complying with a proposed rule in the first year after the rule takes
effect will exceed $25,000 for: (1) any one business that has less than 50 full-time employees;
or (2) any one statutory or home rule charter city that has less than ten full-time employees.
For purposes of this section, "business" means a business entity organized for profit or as
a nonprofit, and includes an individual, partnership, corporation, joint venture, association,
or cooperative
has a substantial economic impact, as defined in section 14.02, subdivision
5
.

Subd. 2.

Agency determination.

An agency must make the determination required by
subdivision 1 before the close of the hearing record, or before the agency submits the record
to the administrative law judge if there is no hearing. The administrative law judge must
review and approve or disapprove the agency determination under this section
agency gives
notice under section 14.14, 14.22, 14.225, or 14.389
.

Subd. 3.

Legislative approval required.

(a) If the agency determines that a proposed
rule has a substantial economic impact, the agency must request the legislative auditor to
convene a five-person peer review advisory panel to conduct an impact analysis of the
proposed rule. Within 30 days of receipt of the agency's request, the legislative auditor shall
convene a peer review advisory panel. The advisory panel must be made up of individuals
who have not directly or indirectly been involved in the work conducted or contracted by
the agency and who are not employed by the agency. The agency must pay each panel
member for the costs of the person's service on the panel, as determined by the legislative
auditor. The agency shall transfer an amount from the agency's operating budget to the
legislative auditor to pay for costs for convening the peer review advisory panel process.
The panel may receive written and oral comments from the public during its review. The
panel must submit its report within 60 days of being convened. The agency must receive a
final report from the panel before the agency conducts a public hearing on a proposed rule
or, if no hearing is held, before the rule is submitted to the administrative law judge. The
panel's report must include its conclusions on the extent to which the proposed rule:

(1) is based on sound, reasonably available scientific, technical, economic, or other
information or rationale; and

(2) is more restrictive than a standard, limitation, or requirement imposed by federal law
or rule pertaining to the same subject matter, and a justification based on sound, reasonably
available scientific, technical, economic, or other information and rationale that the more
stringent standard is necessary to protect the public's health, safety, or welfare.

(b) If the agency determines that a rule does not have a substantial economic impact,
the administrative law judge must review this determination. If the administrative law judge
determines that a rule may have a substantial economic impact, the agency must have the
legislative auditor arrange for the analysis required by paragraph (a), and the agency must
give new notice of intent to adopt the proposed rule after receiving this analysis. The
administrative law judge may make this determination as part of the administrative law
judge's report on the proposed rule, or at any earlier time after the administrative law judge
is assigned to the rule proceeding.

(c) If the agency determines that the cost exceeds the threshold in subdivision 1 proposed
rule has a substantial economic impact
, or if the administrative law judge disapproves the
agency's determination that the cost rule does not exceed the threshold in subdivision 1,
any business that has less than 50 full-time employees or any statutory or home rule charter
city that has less than ten full-time employees may file a written statement with the agency
claiming a temporary exemption from the rules. Upon filing of such a statement with the
agency, the rules do not apply to that business or that city until the rules are
have a substantial
economic impact, the agency or the administrative law judge shall deliver the determination
and peer review advisory panel report to the Legislative Coordinating Commission and to
the chairs and ranking minority members of the house of representatives and senate
committees and divisions with jurisdiction over the subject matter of the rule, and the
proposed rule does not take effect until the rule is
approved by a law enacted after the agency
determination or administrative law judge disapproval.

Subd. 4.

Exceptions.

(a) Subdivision 3 does not apply if the administrative law judge
approves an agency's determination that the legislature has appropriated money to sufficiently
fund the expected cost of the rule upon the business or city proposed to be regulated by the
rule.

(b) (a) Subdivision 3 does not apply if the administrative law judge approves an agency's
determination that the rule has been proposed pursuant to a specific federal statutory or
regulatory mandate.

(c) (b) This section does not apply if the rule is adopted under section 14.388 or under
another law specifying that the rulemaking procedures of this chapter do not apply.

(d) (c) This section does not apply to a rule adopted by the Public Utilities Commission.

(e) Subdivision 3 does not apply if the governor waives application of subdivision 3.
The governor may issue a waiver at any time, either before or after the rule would take
effect, but for the requirement of legislative approval. As soon as possible after issuing a
waiver under this paragraph, the governor must send notice of the waiver to the speaker of
the house and the president of the senate and must publish notice of this determination in
the State Register.

Subd. 5.

Severability.

If an administrative law judge determines that part of a proposed
rule exceeds the threshold specified in subdivision 1 has a substantial economic impact, but
that a severable portion of a proposed rule does not exceed the threshold in subdivision 1
have a substantial economic impact
, the administrative law judge may provide that the
severable portion of the rule that does not exceed the threshold have a substantial economic
impact
may take effect without legislative approval.

Sec. 16.

[14.1275] RULES IMPACTING RESIDENTIAL CONSTRUCTION OR
REMODELING; LEGISLATIVE NOTICE AND REVIEW.

Subdivision 1.

Definition.

As used in this section, "residential construction" means the
new construction or remodeling of any building subject to the Minnesota Residential Code.

Subd. 2.

Impact on housing cost; agency determination.

An agency must determine
if implementation of a proposed rule, or any portion of a proposed rule, will, on average,
increase the cost of residential construction or remodeling by $1,000 or more per unit. The
agency must make this determination before the close of the hearing record. Upon request
of a party affected by the proposed rule, an administrative law judge must review and
approve or disapprove an agency's determination that any portion of a proposed rule will
increase the cost of a dwelling unit by $1,000 or more.

Subd. 3.

Notice to legislature; legislative approval.

(a) If the agency determines that
the impact of a proposed rule meets or exceeds the cost threshold provided in subdivision
2, or if the administrative law judge separately confirms the cost of any portion of a rule
exceeds the cost threshold provided in subdivision 2, the agency must notify, in writing,
the chairs and ranking minority members of the policy committees of the house of
representatives and the senate with jurisdiction over the subject matter of the proposed rule
within ten days of the determination.

(b) If a committee of either the house of representatives or senate with jurisdiction over
the subject matter of the proposed rule or a portion of a rule that meets or exceeds the
threshold in subdivision 2 votes to advise an agency that the rule should not be adopted as
proposed, the agency may not adopt the rule unless the rule is approved by a law enacted
after the vote of the committee. Section 14.126, subdivision 2, applies to a vote of a
committee under this subdivision.

Subd. 4.

Severability.

If the agency or an administrative law judge determines that part
of a proposed rule meets or exceeds the threshold provided in subdivision 2, but that a
severable portion of the proposed rule does not meet or exceed that threshold, the agency
may proceed to adopt the severable portions of the proposed rule regardless of whether a
legislative committee has voted under subdivision 3 to advise an agency that the rule should
not be adopted as proposed.