relating to operation of state government finance; changing a paid military leave
provision; modifying provisions in the Veterans Service Office Grant Program;
changing provisions in the Minnesota GI Bill program; establishing presumption
of rehabilitation by an honorable discharge status from military service following
a prior offense; providing for a bid preference for contracts for veteran-owned
small businesses; allowing active duty service members to take a peace officer
reciprocity exam; changing provisions for the Legislative Advisory Commission,
Legislative Coordinating Commission, Legislative Commission on Pensions and
Retirement, and the Legislative Audit Commission; granting authority for the
secretary of state to accept funds from local government units; allowing the
secretary of state to receive certain funds for the address confidentiality program;
allowing the state auditor to charge a onetime user fee for a small city and town
accounting system software; changing certain provisions pertaining to the state
auditor; changing compensation council provisions; requiring determination
of IT costs for certain projects; modifying performance measures for change
items in the state budget proposal; providing for continuing appropriations
under certain circumstances and federal contingency planning; changing certain
Office of Enterprise Technology provisions; changing certain audit provisions
from the state auditor to the legislative auditor; modifying provisions for general
noncommercial radio station grants; providing a change to the state employee
group insurance program under a certain circumstance; making Department of
Revenue changes; repealing the Minnesota Sunset Act; appropriating money;
amending Minnesota Statutes 2012, sections 3.30, subdivision 2; 3.303, by
adding a subdivision; 3.85, subdivisions 8, 9; 3.971, subdivision 6, by adding
subdivisions; 6.48; 6.56, subdivision 2; 15A.082, subdivisions 1, 2, 3; 16A.10,
subdivision 1c; 16A.82; 32C.04; 65B.84, subdivision 1; 129D.14, subdivisions
2, 3; 129D.155; 161.1419, subdivision 3; 192.26; 197.608, subdivisions 3, 4, 5,
6; 197.791, subdivisions 4, 5; 254A.035, subdivision 2; 254A.04; 256B.093,
subdivision 1; 260.835, subdivision 2; 270C.69, subdivision 1; 289A.20,
subdivisions 2, 4; 289A.26, subdivision 2a; 295.55, subdivision 4; 297F.09,
subdivision 7; 297G.09, subdivision 6; 297I.30, by adding a subdivision; 297I.35,
subdivision 2; 364.03, subdivision 3; 469.3201; 471.699; 473.843, subdivision
3; 626.8517; Laws 2012, chapter 278, article 1, section 5; proposing coding for
new law in Minnesota Statutes, chapters 5; 5B; 6; 16A; 16E; 297I; 471; repealing
Minnesota Statutes 2012, sections 3.304, subdivisions 1, 5; 3.885, subdivision
10; 3D.01; 3D.02; 3D.03; 3D.04; 3D.045; 3D.05; 3D.06; 3D.065; 3D.07; 3D.08;
3D.09; 3D.10; 3D.11; 3D.12; 3D.13; 3D.14; 3D.15; 3D.16; 3D.17; 3D.18; 3D.19;
3D.20; 3D.21, subdivisions 2, 3, 4, 5, 6, 7, 8; 6.58; 168A.40, subdivisions 3, 4;
197.608, subdivision 2a; 270C.145; Laws 2012, chapter 278, article 1, section 6.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
2.5STATE GOVERNMENT APPROPRIATIONS
2.7 The sums shown in the columns marked "Appropriations" are appropriated to the
2.8agencies and for the purposes specified in this article. The appropriations are from the
2.9general fund, or another named fund, and are available for the fiscal years indicated
2.10for each purpose. The figures "2014" and "2015" used in this article mean that the
2.11appropriations listed under them are available for the fiscal year ending June 30, 2014, or
2.12June 30, 2015, respectively. "The first year" is fiscal year 2014. "The second year" is fiscal
2.13year 2015. "The biennium" is fiscal years 2014 and 2015.
|Section 1. STATE GOVERNMENT APPROPRIATIONS.
||Available for the Year
||Ending June 30
|Subdivision 1.Total Appropriation
2.24The amounts that may be spent for each
2.25purpose are specified in the following
|Appropriations by Fund
|Health Care Access
2.29During the biennium ending June 30, 2015,
2.30any revenues received by the house of
2.31representatives from voluntary donations
2.32to support broadcast or print media are
2.33appropriated to the house of representatives.
|Subd. 3.House of Representatives
|Subd. 4.Legislative Coordinating Commission
3.4$139,000 each year of the appropriation
3.5from the general fund is transferred from
3.6the Legislative Coordinating Commission
3.7operations budget to the budget for the office
3.8of the legislative auditor. The Legislative
3.9Audit Commission is requested to direct
3.10the legislative auditor to use the additional
3.11funds to conduct additional evaluations of
3.12executive branch state agencies to determine:
3.13(1) the efficiency and effectiveness with
3.14which the agency operates;
3.15(2) an identification of the mission, goals,
3.16and objectives intended for the agency, and
3.17the extent to which the mission, goals, and
3.18objectives have been achieved; and
3.19(3) the extent to which the jurisdiction of the
3.20agency and the programs administered by the
3.21agency overlap or duplicate those of other
3.22agencies, the extent to which the agency
3.23coordinates with those agencies, and the
3.24extent to which the programs administered
3.25by the agency can be consolidated with the
3.26programs of other state agencies.
|Appropriations by Fund
|Health Care Access
3.29(a) This appropriation is to fund the Office of
3.30the Governor and Lieutenant Governor.
3.31(b) $19,000 the first year and $19,000 the
3.32second year are for necessary expenses in
3.33the normal performance of the governor's
4.1and lieutenant governor's duties for which no
4.2other reimbursement is provided.
4.3(c) By September 1 of each year, the
4.4commissioner of management and budget
4.5shall report to the chairs and ranking
4.6minority members of the senate State
4.7Government Innovation and Veterans Affairs
4.8Committee and the house of representatives
4.9State Government Finance Committee any
4.10personnel costs incurred by the Offices of the
4.11Governor and Lieutenant Governor that were
4.12supported by appropriations to other agencies
4.13during the previous fiscal year. The Office
4.14of the Governor shall inform the chairs and
4.15ranking minority members of the committees
4.16before initiating any interagency agreements.
4.17(d) During the biennium ending June 30,
4.182015, the Office of the Governor may not
4.19receive payments of more than $720,000
4.20each fiscal year from other executive
4.21agencies under Minnesota Statutes, section
4.2215.53, to support office costs, not including
4.23the residence groundskeeper, incurred by
4.24the office. Payments received under this
4.25paragraph must be deposited in a special
4.26revenue account. Money in the account is
4.27appropriated to the Office of the Governor.
4.28The authority in this paragraph supersedes
4.29other law enacted in 2013 that limits the
4.30ability of the office to enter into agreements
4.31relating to office costs with other executive
4.32branch agencies or prevents the use of
4.33appropriations made to other agencies for
4.34agreements with the office under Minnesota
4.35Statutes, section 15.53.
|Sec. 3. GOVERNOR AND LIEUTENANT
|Sec. 4. STATE AUDITOR
|Sec. 5. ATTORNEY GENERAL
|Appropriations by Fund
5.11Any funds available in the account
5.12established in Minnesota Statutes, section
5.135.30, pursuant to the Help America Vote Act,
5.14are appropriated for the purposes and uses
5.15authorized by federal law.
5.16Redistricting Case. $355,000 the first year
5.17is appropriated to the secretary of state to
5.18be used to pay attorney fees as ordered by
5.19the court in the legislative and congressional
5.20redistricting case Hippert et al v. Ritchie
5.21et al, A11-152, and interest thereon. This
5.22appropriation is available for expenditure the
5.23day following final enactment.
|Sec. 6. SECRETARY OF STATE
|Sec. 7. CAMPAIGN FINANCE AND PUBLIC
|Sec. 8. INVESTMENT BOARD
|Sec. 9. ADMINISTRATIVE HEARINGS
6.1$130,000 in the first year is for the cost
6.2of considering complaints filed under
6.3Minnesota Statutes, section 211B.32. Any
6.4amount of this appropriation that remains
6.5unspent at the end of the biennium must be
6.6canceled to the general account of the state
6.7elections campaign fund. The base for fiscal
6.8year 2016 is $130,000 to be available for the
6.9biennium, under the same terms.
6.10Data practices hearings. $36,000 the first
6.11year is to cover the fiscal year 2013 costs for
6.12data practices hearings.
6.13Campaign violations hearings. $60,000 the
6.14first year is to cover the costs of campaign
6.15violations hearings. This is a onetime
|Appropriations by Fund
6.19During the biennium ending June 30, 2015,
6.20the Office of Enterprise Technology must
6.21not charge fees to a public noncommercial
6.22educational television broadcast station
6.23eligible for funding under Minnesota
6.24Statutes, chapter 129D, for access to the
6.25state broadcast infrastructure. If the access
6.26fees not charged to public noncommercial
6.27educational television broadcast stations total
6.28more than $400,000 for the biennium, the
6.29office may charge for access fees in excess
6.30of these amounts.
|Sec. 10. OFFICE OF ENTERPRISE
|Sec. 11. ADMINISTRATION
7.1The amounts that may be spent for each
7.2purpose are specified in the following
|Subdivision 1.Total Appropriation
7.5$74,000 the first year and $74,000 the second
7.6year are for the Council on Developmental
7.8Nellie Stone Johnson bust or statue.
7.9 $30,000 is to place a bust or statue of Nellie
7.10Stone Johnson in the State Capitol Building.
7.11This appropriation is contingent on receipt of
7.12an equal nonstate match. The commissioner
7.13must follow the process in Minnesota
7.14Statutes, sections 138.67 to 138.70, in the
7.15acquisition and placement of the bust or
7.16statue. This appropriation is available until
|Subd. 2.Government and Citizen Services
|Subd. 3.Administrative Management Support
7.20The appropriations under this section are to
7.21the commissioner of administration for the
7.24$8,158,000 the first year and $8,158,000
7.25the second year are for office space costs of
7.26the legislature and veterans organizations,
7.27ceremonial space, and statutorily free space.
7.29(a) $1,685,000 the first year and $1,685,000
7.30the second year are for matching grants for
7.32(b) $315,000 the first year and $315,000
7.33the second year are for public television
8.1equipment grants. Equipment or matching
8.2grant allocations shall be made after
8.3considering the recommendations of the
8.4Minnesota Public Television Association.
8.5(c) $392,000 the first year and $392,000 the
8.6second year are for community service grants
8.7to public educational radio stations. This
8.8appropriation may be used to disseminate
8.9emergency information in foreign languages.
8.10(d) $117,000 the first year and $117,000
8.11the second year are for equipment grants
8.12to public educational radio stations. This
8.13appropriation may be used for the repair,
8.14rental, and purchase of equipment including
8.15equipment under $500.
8.16(e) The grants in paragraphs (c) and (d)
8.17must be allocated after considering the
8.18recommendations of the Association of
8.19Minnesota Public Educational Radio Stations
8.20under Minnesota Statutes, section 129D.14.
8.21(f) $310,000 the first year and $310,000
8.22the second year are for equipment grants
8.23to Minnesota Public Radio, Inc., including
8.24upgrades to Minnesota's Emergency Alert
8.25and AMBER Alert Systems.
8.26(g) Any unencumbered balance remaining
8.27the first year for grants to public television or
8.28radio stations does not cancel and is available
8.29for the second year.
|Subd. 4.Fiscal Agent
|Sec. 12. CAPITOL AREA
ARCHITECTURAL AND PLANNING
9.1Statewide Budget System. $4,500,000 for
9.2the biennium is to continue development
9.3of the new statewide budget system and to
9.4develop new capabilities including, but not
9.5limited to, capital budget and fiscal notes.
|Sec. 13. MINNESOTA MANAGEMENT AND
|Subdivision 1.Total Appropriation
|Appropriations by Fund
|Health Care Access
|Highway User Tax
|Subd. 2.Tax System Management
9.22County Technical Assistance Grants. (a)
9.23The commissioner of revenue may make
9.24technical assistance grants to counties to
9.25fund development, implementation, or
9.26maintenance of data collection and data
9.27processing systems that will facilitate
9.28improved reporting of property tax data
9.29on parcels and portions of parcels to
9.30the commissioner for analytical and
9.31administrative use. The grants may be made
9.32in the order they are requested, or on some
9.33other basis determined by the commissioner.
9.34The commissioner shall determine whether to
9.35require an application or recipient agreement
10.1and shall determine the form and content of
10.2the application or agreement.
10.3(b) $300,000 is appropriated to the
10.4commissioner from the general fund in fiscal
10.5year 2014 to make grants to counties as
10.6provided in this section. This appropriation
10.7is available for fiscal years 2014 and 2015
10.8only, and does not become part of the base.
10.9Appropriation; taxpayer assistance. (a)
10.10$200,000 in fiscal year 2014, and $200,000
10.11in fiscal year 2015, are appropriated from the
10.12general fund to the commissioner of revenue
10.13to make grants to one or more nonprofit
10.14organizations, qualifying under section
10.15501(c)(3) of the Internal Revenue Code of
10.161986, to coordinate, facilitate, encourage, and
10.17aid in the provision of taxpayer assistance
10.18services. The unencumbered balance in the
10.19first year does not cancel but is available for
10.20the second year.
10.21(b) For purposes of this section, "taxpayer
10.22assistance services" means accounting
10.23and tax preparation services provided by
10.24volunteers to low-income, elderly, and
10.25disadvantaged Minnesota residents to help
10.26them file federal and state income tax returns
10.27and Minnesota property tax refund claims
10.28and to provide personal representation before
10.29the Department of Revenue and Internal
|Appropriations by Fund
|Health Care Access
|Highway User Tax
|Subd. 3.Debt Collection Management
|Sec. 15. AMATEUR SPORTS COMMISSION
|Sec. 16. COUNCIL ON BLACK
|Sec. 17. COUNCIL ON ASIAN-PACIFIC
|Sec. 18. COUNCIL ON AFFAIRS OF
|Sec. 19. INDIAN AFFAIRS COUNCIL
|Sec. 20. MINNESOTA HISTORICAL
11.9The amounts that may be spent for each
11.10purpose are specified in the following
|Subdivision 1.Total Appropriation
11.13Notwithstanding Minnesota Statutes, section
11.14138.668, the Minnesota Historical Society
11.15may not charge a fee for its general tours at
11.16the Capitol, but may charge fees for special
11.17programs other than general tours.
|Subd. 2.Operations and Programs
|Subd. 3.Fiscal Agent
|(a) Minnesota International Center
|(b) Minnesota Air National Guard Museum
|(c) Minnesota Military Museum
11.24Balances Forward. Any unencumbered
11.25balance remaining in this subdivision the first
11.26year does not cancel but is available for the
11.27second year of the biennium.
|(e) Hockey Hall of Fame
|Sec. 21. BOARD OF THE ARTS
12.1The amounts that may be spent for each
12.2purpose are specified in the following
|Subdivision 1.Total Appropriation
|Subd. 2.Operations and Services
|Subd. 3.Grants Program
12.7Unencumbered balance available. Any
12.8unencumbered balance remaining in this
12.9section the first year does not cancel, but is
12.10available for the second year of the biennium.
|Subd. 4.Regional Arts Councils
|Sec. 22. MINNESOTA HUMANITIES
|Sec. 23. SCIENCE MUSEUM OF
|Sec. 24. GENERAL CONTINGENT
12.24(a) The appropriations in this section
12.25may only be spent with the approval of
12.26the governor after consultation with the
12.27Legislative Advisory Commission pursuant
12.28to Minnesota Statutes, section 3.30.
12.29(b) If an appropriation in this section for
12.30either year is insufficient, the appropriation
12.31for the other year is available for it.
12.32(c) If a contingent account appropriation
12.33is made in one fiscal year, it should be
12.34considered a biennial appropriation.
|Appropriations by Fund
13.2These appropriations are to be spent by the
13.3commissioner of management and budget
13.4according to Minnesota Statutes, section
13.53.736, subdivision 7. If the appropriation for
13.6either year is insufficient, the appropriation
13.7for the other year is available for it.
|Sec. 25. TORT CLAIMS
|Sec. 26. MINNESOTA STATE RETIREMENT
13.11The amounts that may be spent for each
13.12purpose are specified in the following
|Subdivision 1.Total Appropriation
13.15Under Minnesota Statutes, sections 3A.03,
13.16subdivision 2; 3A.04, subdivisions 3 and 4;
13.19Under Minnesota Statutes, section 352C.001,
13.20if an appropriation in this section for either
13.21year is insufficient, the appropriation for the
13.22other year is available for it.
|Subd. 3. Constitutional Officers
13.25These amounts are estimated to be needed
13.26under Minnesota Statutes, section 353.505.
|Sec. 27. MINNEAPOLIS EMPLOYEES
RETIREMENT FUND DIVISION ACCOUNT
13.29The amounts estimated to be needed are as
13.31(a) Special direct state aid. $12,954,000 the
13.32first year and $12,954,000 the second year
14.1are for special direct state aid authorized
14.2under Minnesota Statutes, section 354A.12,
14.3subdivisions 3a and 3c.
14.4(b) Special direct state matching aid.
14.5 $2,500,000 the first year and $2,500,000
14.6the second year are for special direct state
14.7matching aid authorized under Minnesota
14.8Statutes, section 354.435.
|Sec. 28. TEACHERS RETIREMENT
14.11The amounts estimated to be needed for
14.12special direct state aid to first class city
14.13teachers retirement funds authorized under
14.14Minnesota Statutes, section
14.15subdivisions 3a and 3c.
|Sec. 29. ST. PAUL TEACHERS
14.18The amounts estimated to be needed for
14.19special direct state aid to first class city
14.20teachers retirement funds authorized under
14.21Minnesota Statutes, section
14.22subdivisions 3a and 3c.
|Sec. 30. DULUTH TEACHERS
Sec. 31. TELECOMMUNICATIONS ACCESS MINNESOTA FUND;
14.25In addition to the appropriation authorized in Minnesota Statutes, section 237.52, the
14.26following amounts are appropriated from the telecommunications access Minnesota fund:
14.27(1) $290,000 each year is appropriated to the chief information officer for the
14.28purpose of coordinating technology accessibility and usability; and
14.29(2) $150,000 each year is appropriated to the Legislative Coordinating Commission
14.30for the purpose of providing captioning of legislative activity on the commission's Web
14.31site and for a consolidated access fund for other state agencies.
14.32EFFECTIVE DATE.This section is effective the day following final enactment.
15.2MILITARY AND VETERANS AFFAIRS
15.4The sums shown in the columns marked "Appropriations" are appropriated to the
15.5agencies and for the purposes specified in this article. The appropriations are from the
15.6general fund and are available for the fiscal years indicated for each purpose. The figures
15.7"2014" and "2015" used in this article mean that the appropriations listed under them are
15.8available for the fiscal year ending June 30, 2014, or June 30, 2015, respectively. "The
15.9first year" is fiscal year 2014. "The second year" is fiscal year 2015. "The biennium" is
15.10fiscal years 2014 and 2015.
|Section 1. MILITARY AND VETERANS AFFAIRS APPROPRIATIONS.
||Available for the Year
||Ending June 30
|Sec. 2. MILITARY AFFAIRS
15.17The amounts that may be spent for each
15.18purpose are specified in the following
|Subdivision 1.Total Appropriation
|Subd. 2.Maintenance of Training Facilities
|Subd. 3.General Support
15.23If appropriations for either year of the
15.24biennium are insufficient, the appropriation
15.25from the other year is available. The
15.26appropriations for enlistment incentives are
15.27available until expended.
|Subd. 4.Enlistment Incentives
|Sec. 3. VETERANS AFFAIRS
15.30The amounts that may be spent for each
15.31purpose are specified in the following
|Subdivision 1.Total Appropriation
16.2Veterans in Crisis De-escalation Training.
16.3 Of this amount, up to $100,000 each year
16.4of the biennium may be spent for training
16.5state and local community safety personnel
16.6in the use of crisis de-escalation techniques
16.7for use with Minnesota veterans following
16.8their return from active military service in
16.9a combat zone. The commissioner must
16.10consult with the director of the Minnesota
16.11Peace Officers and Training Board, and
16.12may consult with any other state or local
16.13governmental official or nongovernmental
16.14authority the commissioner determines to be
16.15relevant, when selecting a service provider
16.16for this training. Among any other criteria
16.17the commissioner may establish for the
16.18selection, the training provider must have a
16.19demonstrated understanding of the transitions
16.20and challenges that veterans may experience
16.21during their re-entry into society following
16.22combat service. The commissioner must
16.23ensure that training opportunities provided
16.24are reasonably distributed statewide.
16.25IT Upgrades. $618,000 in fiscal year 2014
16.26and $382,000 in fiscal year 2015 are to
16.27improve and modernize the department's
16.28information technology systems. These
16.29funds shall be transferred to the Office of
16.30Enterprise Technology. This is a onetime
16.31transfer and is available until spent.
16.32Veterans Cemetery in Fillmore County.
16.33 $425,000 in fiscal year 2015 is for operation
16.34of the new veterans cemetery in Fillmore
17.1County. This amount is added to the
17.2program's base funding.
17.3Honor Guards. $200,000 each year is
17.4for compensation for honor guards at
17.5the funerals of veterans under Minnesota
17.6Statutes, section 197.231. This amount is
17.7added to the program's base funding.
17.8Minnesota GI Bill. $200,000 each year is for
17.9the costs of administering the Minnesota GI
17.10Bill on-the-job training and apprenticeship
17.11program under Minnesota Statutes, section
17.13Gold Star Program. $100,000 each year
17.14is for administering the Gold Star Program
17.15for surviving family members of deceased
17.16veterans. This amount is added to the
17.17program's base funding.
17.18County Veterans Service Office.
17.19 $1,100,000 each year is for funding the
17.20County Veterans Service Office grant
17.21program under Minnesota Statutes, section
17.23Veterans Service Organizations. $353,000
17.24each year is for grants to the following
17.25congressionally chartered veterans service
17.26organizations, as designated by the
17.27commissioner: Disabled American Veterans,
17.28Military Order of the Purple Heart, American
17.29Legion, Veterans of Foreign Wars, Vietnam
17.30Veterans of America, AMVETS, and
17.31Paralyzed Veterans of America. This funding
17.32must be allocated in direct proportion to
17.33the funding currently being provided by the
17.34commissioner to these organizations.
18.1Veterans Paramedic Apprenticeship
18.2Program. All unspent funds, estimated to
18.3be $110,000, from the Veterans Paramedic
18.4Apprenticeship Program, from the onetime
18.5appropriation under Laws 2009, chapter 79,
18.6article 13, section 7, are canceled to the
18.7general fund on July 1, 2013.
|Subd. 2.Veterans Services
18.9Veterans Homes Special Revenue Account.
18.10 The general fund appropriations made to the
18.11department may be transferred to a veterans
18.12homes special revenue account in the special
18.13revenue fund in the same manner as other
18.14receipts are deposited according to Minnesota
18.15Statutes, section 198.34, and are appropriated
18.16to the department for the operation of
18.17veterans homes facilities and programs.
18.18IT Upgrades. $2,047,000 in fiscal year 2014
18.19and $1,528,000 in fiscal year 2015 are to
18.20improve and modernize the department's
18.21information technology systems. These
18.22funds shall be transferred to the Office of
18.23Enterprise Technology. This is a onetime
18.24transfer and is available until spent.
18.25Maximize Federal Reimbursements.
18.26 The department will seek opportunities
18.27to maximize federal reimbursements of
18.28Medicare-eligible expenses and will provide
18.29annual reports to the commissioner of
18.30management and budget on the federal
18.31Medicare reimbursements received.
18.32Contingent upon future federal Medicare
18.33receipts, reductions to the homes' general
18.34fund appropriation may be made.
|Subd. 3.Veterans Homes
19.2MILITARY AND VETERANS AFFAIRS PROVISIONS
Section 1. Minnesota Statutes 2012, section 192.26, is amended to read:
19.4192.26 STATE AND MUNICIPAL OFFICERS AND EMPLOYEES NOT TO
19.5LOSE PAY WHILE ON MILITARY DUTY.
Subdivision 1. Authorized leave.
Subject to the conditions hereinafter prescribed,
any officer or employee of the state or of any political subdivision, municipal corporation,
or other public agency of the state who shall be a member of the National Guard, or any
other component of the militia of the state now or hereafter organized or constituted
under state or federal law, or who shall be a member of the officers' reserve corps, the
enlisted reserve corps, the Naval Reserve, the Marine Corps reserve, or any other reserve
component of the military or naval forces of the United States now or hereafter organized
or constituted under federal law, shall be entitled to leave of absence from the public
office or employment without loss of pay, seniority status, efficiency rating, vacation,
sick leave, or other benefits for all the time when engaged with such organization or
component in training or active service ordered or authorized by proper authority pursuant
to law, whether for state or federal purposes, but not exceeding a total of 15 days in any
calendar year. The state or political subdivision, municipal corporation, or other public
19.19agency shall allow the officer or employee to choose when during the calendar year to
19.20take the 15 days of paid military leave. The officer or employee may choose to use all of
19.21the 15 days of paid military leave at one time or, in the alternative, the 15 days of paid
19.22military leave may be divided and taken throughout the calendar year at the discretion of
19.23the officer or employee.
Such leave shall be allowed only in case the required military or
naval service is satisfactorily performed, which shall be presumed unless the contrary is
established. Such leave shall not be allowed unless the officer or employee (1) returns to
the public position immediately on being relieved from such military or naval service and
not later than the expiration of the time herein limited for such leave, or (2) is prevented
from so returning by physical or mental disability or other cause not due to the officer's or
employee's own fault, or (3) is required by proper authority to continue in such military or
naval service beyond the time herein limited for such leave.
Sec. 2. Minnesota Statutes 2012, section 197.608, subdivision 3, is amended to read:
Subd. 3. Eligibility.
(a) To be eligible for a grant under
this program subdivision 6
a county must employ a county veterans service officer as authorized by sections
, who is certified to serve in this position by the commissioner.
(b) A county that employs a newly hired county veterans service officer who is
serving an initial probationary period and who has not been certified by the commissioner
is eligible to receive a grant under subdivision
2a 6 for one year from the date the county
20.4veterans service officer is appointed
Except for the situation described in paragraph (b),
A county whose county
veterans service officer does not receive certification
during any year of the three-year
20.7 cycle is not eligible to receive a grant during the remainder of that cycle or the next
20.8 three-year cycle by the end of the first year of the county veterans service officer's
20.9appointment is ineligible for the grant under subdivision 6 until the county veterans
20.10service officer receives certification
Sec. 3. Minnesota Statutes 2012, section 197.608, subdivision 4, is amended to read:
Subd. 4. Grant process.
(a) The commissioner shall determine the process for
awarding grants. A grant may be used only for the purpose of enhancing the operations of
the County Veterans Service Office.
(b) The commissioner shall provide a list of qualifying uses for grant expenditures
as developed in subdivision 5 and shall approve a grant under subdivision 6
only for a
qualifying use and if there are sufficient funds remaining in the grant program to cover the
full amount of the grant.
20.19(c) The commissioner is authorized to use any unexpended funding for this program
20.20to provide training and education for county veterans service officers.
Sec. 4. Minnesota Statutes 2012, section 197.608, subdivision 5, is amended to read:
Subd. 5. Qualifying uses.
The commissioner shall consult with the Minnesota
Association of County Veterans Service Officers in developing a list of qualifying uses for
grants awarded under
this program subdivision 6
The commissioner is authorized to use any unexpended funding for this program to
20.26 provide training and education for county veterans service officers.
Sec. 5. Minnesota Statutes 2012, section 197.608, subdivision 6, is amended to read:
Subd. 6. Grant amount. (a) Each county is eligible to receive an annual grant of
20.29$7,500 for the following purposes:
20.30(1) to provide outreach to the county's veterans;
20.31(2) to assist in the reintegration of combat veterans into society;
20.32(3) to collaborate with other social service agencies, educational institutions, and
20.33other community organizations for the purposes of enhancing services offered to veterans;
21.1(4) to reduce homelessness among veterans; and
21.2(5) to enhance the operations of the county veterans service office.
21.3(b) In addition to the grant amount in paragraph (a), each county is eligible to receive
21.4an additional annual grant under this paragraph.
The amount of each additional annual
grant must be determined by the commissioner and may not exceed:
, if the county's veteran population is less than 1,000;
, if the county's veteran population is 1,000 or more but less than
, if the county's veteran population is 3,000 or more but less
21.10 10,000 than 4,999
, if the county's veteran population is
21.12less than 9,999;
21.13(5) $10,000, if the county's veteran population is 10,000 or more but less than 19,999;
21.14(6) $15,000, if the county's veteran population is 20,000 or more but less than
21.16(7) $20,000, if the county's veteran population is 30,000 or more.
21.17(c) The Minnesota Association of County Veterans Service Officers is eligible to
21.18receive an annual grant of $50,000. The grant shall be used for administrative costs of
21.19the association, certification of mandated county veterans service officer training and
21.20accreditation, and costs associated with reintegration services.
The veteran population of each county shall be determined by the figure supplied by
the United States Department of Veterans Affairs, as adopted by the commissioner.
Sec. 6. Minnesota Statutes 2012, section 197.791, subdivision 4, is amended to read:
Subd. 4. Eligibility.
(a) A person is eligible for educational assistance under this
(1) the person is:
(i) a veteran who is serving or has served honorably in any branch or unit of the
United States armed forces at any time
on or after September 11, 2001
(ii) a nonveteran who has served honorably for a total of five years or more
cumulatively as a member of the Minnesota National Guard or any other active or reserve
component of the United States armed forces, and any part of that service occurred on or
after September 11, 2001;
(iii) the surviving spouse or child of a person who has served in the military
21.34 time on or after September 11, 2001,
and who has died as a direct result of that military
service, only if the surviving spouse or child is eligible to receive federal education
22.1benefits under United States Code, title 38, chapter 33, as amended, or United States
22.2Code, title 38, chapter 35, as amended
(iv) the spouse or child of a person who has served in the military at any time
22.4 after September 11, 2001,
and who has a total and permanent service-connected disability
as rated by the United States Veterans Administration, only if the spouse or child is
22.6eligible to receive federal education benefits under United States Code, title 38, chapter
22.733, as amended, or United States Code, title 38, chapter 35, as amended
(2) the person receiving the educational assistance is a Minnesota resident, as
defined in section
136A.101, subdivision 8
(3) the person receiving the educational assistance:
(i) is an undergraduate or graduate student at an eligible institution;
(ii) is maintaining satisfactory academic progress as defined by the institution for
students participating in federal Title IV programs;
(iii) is enrolled in an education program leading to a certificate, diploma, or degree
at an eligible institution;
(iv) has applied for educational assistance under this section prior to the end of the
academic term for which the assistance is being requested;
(v) is in compliance with child support payment requirements under section
22.19136A.121, subdivision 2
, clause (5); and
(vi) has completed the Free Application for Federal Student Aid (FAFSA).
(b) A person's eligibility terminates when the person becomes eligible for benefits
(c) To determine eligibility, the commissioner may require official documentation,
including the person's federal form DD-214 or other official military discharge papers;
correspondence from the United States Veterans Administration; birth certificate; marriage
certificate; proof of enrollment at an eligible institution; signed affidavits; proof of
residency; proof of identity; or any other official documentation the commissioner
considers necessary to determine eligibility.
(d) The commissioner may deny eligibility or terminate benefits under this section
to any person who has not provided sufficient documentation to determine eligibility for
the program. An applicant may appeal the commissioner's eligibility determination or
termination of benefits in writing to the commissioner at any time. The commissioner
must rule on any application or appeal within 30 days of receipt of all documentation that
the commissioner requires. The decision of the commissioner regarding an appeal is final.
However, an applicant whose appeal of an eligibility determination has been rejected by
the commissioner may submit an additional appeal of that determination in writing to the
commissioner at any time that the applicant is able to provide substantively significant
additional information regarding the applicant's eligibility for the program. An approval
of an applicant's eligibility by the commissioner following an appeal by the applicant is
not retroactively effective for more than one year or the semester of the person's original
application, whichever is later.
(e) Upon receiving an application with insufficient documentation to determine
eligibility, the commissioner must notify the applicant within 30 days of receipt of the
application that the application is being suspended pending receipt by the commissioner of
sufficient documentation from the applicant to determine eligibility.
Sec. 7. Minnesota Statutes 2012, section 197.791, subdivision 5, is amended to read:
Subd. 5. Benefit amount.
(a) On approval by the commissioner of eligibility for
the program, the applicant shall be awarded, on a funds-available basis, the educational
assistance under the program for use at any time according to program rules at any
(b) The amount of educational assistance in any semester or term for an eligible
person must be determined by subtracting from the eligible person's cost of attendance the
amount the person received or was eligible to receive in that semester or term from:
(1) the federal Pell Grant;
(2) the state grant program under section
(3) any federal military or veterans educational benefits including but not limited
to the Montgomery GI Bill, GI Bill Kicker, the federal tuition assistance program,
vocational rehabilitation benefits, and any other federal benefits associated with the
person's status as a veteran, except veterans disability payments from the United States
Veterans Administration and payments made under the Veterans Retraining Assistance
(c) The amount of educational assistance for any eligible person who is a full-time
student must not exceed the following:
(1) $1,000 per semester or term of enrollment;
(2) $3,000 per state fiscal year; and
(3) $10,000 in a lifetime.
For a part-time student, the amount of educational assistance must not exceed
$500 per semester or term of enrollment. For the purpose of this paragraph, a part-time
undergraduate student is a student taking fewer than 12 credits or the equivalent for a
semester or term of enrollment and a part-time graduate student is a student considered
part time by the eligible institution the graduate student is attending. The minimum award
for undergraduate and graduate students is $50 per term.
Sec. 8. Minnesota Statutes 2012, section 364.03, subdivision 3, is amended to read:
Subd. 3. Evidence of rehabilitation.
(a) A person who has been convicted of a
crime or crimes which directly relate to the public employment sought or to the occupation
for which a license is sought shall not be disqualified from the employment or occupation
if the person can show competent evidence of sufficient rehabilitation and present fitness to
perform the duties of the public employment sought or the occupation for which the license
evidence of sufficient
rehabilitation may be established by
the production of the person's most recent certified copy of a United States Department
24.11of Defense form DD-214 showing the person's honorable discharge, or separation under
24.12honorable conditions, from the United States armed forces for military service rendered
24.13following conviction for any crime that would otherwise disqualify the person from the
24.14public employment sought or the occupation for which the license is sought, or
(1) a copy of the local, state, or federal release order; and
(2) evidence showing that at least one year has elapsed since release from any local,
state, or federal correctional institution without subsequent conviction of a crime; and
evidence showing compliance with all terms and conditions of probation or parole; or
(3) a copy of the relevant Department of Corrections discharge order or other
documents showing completion of probation or parole supervision.
(b) In addition to the documentary evidence presented, the licensing or hiring
authority shall consider any evidence presented by the applicant regarding:
(1) the nature and seriousness of the crime or crimes for which convicted;
(2) all circumstances relative to the crime or crimes, including mitigating
circumstances or social conditions surrounding the commission of the crime or crimes;
(3) the age of the person at the time the crime or crimes were committed;
(4) the length of time elapsed since the crime or crimes were committed; and
(5) all other competent evidence of rehabilitation and present fitness presented,
including, but not limited to, letters of reference by persons who have been in contact with
the applicant since the applicant's release from any local, state, or federal correctional
24.32(c) The certified copy of a person's United States Department of Defense form
24.33DD-214 showing the person's honorable discharge or separation under honorable
24.34conditions from the United States armed forces ceases to qualify as competent evidence of
24.35sufficient rehabilitation for purposes of this section upon the person's conviction for any
25.1gross misdemeanor or felony committed by the person subsequent to the effective date of
25.2that honorable discharge or separation from military service.
Sec. 9. [471.3457] VETERAN-OWNED SMALL BUSINESS CONTRACTS.
25.4 Subdivision 1. Definitions. For the purposes of this section:
25.5(1) "local government" means a town or home rule charter or statutory city; and
25.6(2) "governing body" means the town board of supervisors or city council.
25.7 Subd. 2. Authority. The governing body of a local government may implement a
25.8program within its jurisdiction to provide a bid preference in awarding contracts as defined
25.9in section 471.345, and in awarding contracts for services, to designated veteran-owned
25.10small businesses, as provided in section 375.771.
Sec. 10. Minnesota Statutes 2012, section 626.8517, is amended to read:
25.12626.8517 ELIGIBILITY FOR RECIPROCITY EXAMINATION BASED ON
25.13RELEVANT MILITARY EXPERIENCE.
(a) For purposes of this section:
(1) "active service" has the meaning given in section
190.05, subdivision 5
(2) "relevant military experience" means:
(i) five years' active service experience in a military law enforcement occupational
(ii) three years' active service experience in a military law enforcement occupational
specialty, and completion of a two-year or more degree from a regionally accredited
postsecondary education institution; or
(iii) five years' cumulative experience as a full-time peace officer in another state
combined with active service experience in a military law enforcement occupational
(b) A person
who has relevant military experience and who is eligible to take the
25.26reciprocity examination if the person has relevant military experience and:
has been honorably discharged from military active service as evidenced by
is eligible to take the reciprocity examination.; or
25.29(2) is currently in active service as evidenced by:
25.30(i) active duty orders providing service time in military police specialty;
25.31(ii) a United States Department of Defense Manpower Data Center status report
25.32pursuant to Service Members Civil Relief Act, active duty status report; or
25.33(iii) Military Personnel Center assignment information.
26.1(c) A person who passed the examination under paragraph (b), clause (2), shall
26.2not be eligible to be licensed as a peace officer until honorably discharged as evidenced
26.3by the most recent form DD-214.
Sec. 11. REPEALER.
26.5Minnesota Statutes 2012, section 197.608, subdivision 2a, is repealed.
26.7STATE GOVERNMENT OPERATIONS
Section 1. Minnesota Statutes 2012, section 3.30, subdivision 2, is amended to read:
Subd. 2. Members; duties. (a)
The majority leader of the senate or a designee, the
chair of the senate Committee on Finance, and the chair of the senate Division of Finance
responsible for overseeing the items being considered by the commission, the speaker of
the house or a designee, the chair of the house of representatives Committee on Ways and
Means, and the chair of the appropriate finance committee, or division of the house of
representatives committee responsible for overseeing the items being considered by the
commissioner, constitute the Legislative Advisory Commission. The division chair of the
Finance Committee in the senate and the division chair of the appropriate finance committee
or division in the house of representatives shall rotate according to the items being
considered by the commission. If any of the members elect not to serve on the commission,
the house of which they are members, if in session, shall select some other member for
the vacancy. If the legislature is not in session, vacancies in the house of representatives
membership of the commission shall be filled by the last speaker of the house or, if the
speaker is not available, by the last chair of the house of representatives Rules Committee,
and by the last senate Committee on Committees or other appointing authority designated
by the senate rules in case of a senate vacancy. The commissioner of management and
budget shall be secretary of the commission and keep a permanent record and minutes of
its proceedings, which are public records. The commissioner of management and budget
shall transmit, under section
, a report to the next legislature of all actions of the
commission. Members shall receive traveling and subsistence expenses incurred attending
meetings of the commission. The commission shall meet from time to time upon the call of
the governor or upon the call of the secretary at the request of two or more of its members.
A recommendation of the commission must be made at a meeting of the commission
unless a written recommendation is signed by all the members entitled to vote on the item.
26.33(b) The chair alternates between a member of the senate and a member of the house
26.34of representatives in January of each odd-numbered year.
Sec. 2. Minnesota Statutes 2012, section 3.303, is amended by adding a subdivision to
27.3 Subd. 11. Acceptance of grants and gifts. The commission may accept gifts
27.4and grants for purposes related to the duties of the commission. Money received by the
27.5commission from gifts and grants is appropriated to the commission for purposes specified
27.6in the gift or grant.
Sec. 3. Minnesota Statutes 2012, section 3.85, subdivision 8, is amended to read:
Subd. 8. Expenses, reimbursement.
The members of the commission and its
shall be reimbursed for all expenses actually and necessarily incurred in
the performance of their duties. Reimbursement for expenses incurred shall be made
under the rules governing state employees in accordance with policies adopted by the
27.12Legislative Coordinating Commission
Sec. 4. Minnesota Statutes 2012, section 3.85, subdivision 9, is amended to read:
Subd. 9. Expenses and reports.
Expenses of the commission shall be approved
by the chair or another member as the rules of the commission provide.
27.16 shall then be paid like other state expenses. A general summary or statement of expenses
27.17 incurred by the commission and paid shall be made to the legislature by November 15 of
27.18 each even-numbered year.
Sec. 5. Minnesota Statutes 2012, 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
and, as resources permit,
Minnesota State Colleges and Universities, the University of Minnesota, state
agencies, departments, boards, commissions, offices,
courts, and other
subject to audit by the legislative auditor, including, but not limited to,
Agricultural Society, Agricultural Utilization Research Institute, Enterprise Minnesota,
Inc., Minnesota Historical Society,
Labor Interpretive Center, Minnesota Partnership
27.27 for Action Against Tobacco, Metropolitan Sports Facilities Commission ClearWay
, Minnesota Sports Facilities Authority, 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
27.32other public resources
are complied with and may, as part of a financial audit or separately,
investigate allegations of noncompliance.
28.1EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 6. Minnesota Statutes 2012, section 3.971, is amended by adding a subdivision to
28.4 Subd. 6a. Data security audits. The legislative auditor shall audit, as resources
28.5permit, information and data systems supported with public funds and operated by an
28.6organization listed in subdivision 6. The audits shall include an assessment of controls
28.7designed to protect government data, particularly government data classified as not
28.8public by chapter 13, from unauthorized access and use. The audits shall also include an
28.9assessment of organizations' compliance with other applicable legal requirements related
28.10to the operation of information and data systems and proper classification and protection
28.11of the data contained in the systems.
28.12EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 7. Minnesota Statutes 2012, section 3.971, is amended by adding a subdivision to
28.15 Subd. 9. Obligation to notify the legislative auditor. The chief executive,
28.16financial, or information officers of an organization subject to audit under this section,
28.17must promptly notify the legislative auditor when the officer obtains information
28.18indicating that public money or other public resources may have been used for an unlawful
28.19purpose, or when the officer obtains information indicating that government data classified
28.20by chapter 13 as not public may have been accessed or used unlawfully. As necessary,
28.21the legislative auditor shall coordinate an investigation of the allegation with appropriate
28.22law enforcement officials.
28.23EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 8. [5.38] AUTHORITY TO ACCEPT FUNDS.
28.25The secretary of state may enter into agreements with a local governmental unit to
28.26provide a technological service or project to enhance the state's election system. The
28.27secretary of state and the local governmental unit shall agree to the amount of consideration
28.28to be paid under the agreement. In addition, the secretary of state may accept federal funds
28.29for election purposes. If the secretary of state accepts federal funds and the terms of the
28.30grant do not require the state to maintain its effort, section 3.3005 does not apply. If the
28.31secretary of state accepts federal funds and the terms of the grant do require the state to
28.32maintain its effort, section 3.3005 applies. The funds accepted under this section must be
29.1deposited in accounts in the special revenue fund and are appropriated to the secretary of
29.2state for the uses authorized by this section. The secretary of state shall report by January
29.315 each year to the chair and ranking minority members of the finance committees of the
29.4house of representatives and the senate with jurisdiction over the secretary of state the total
29.5amounts received in the preceding calendar year, the sources of those funds, and the uses
29.6to which those funds were or will be put. For purposes of this section, "local governmental
29.7unit" means a county, home rule charter or statutory city, town, or school district.
29.8EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 9. [5B.12] AUTHORITY TO ACCEPT FUNDS.
29.10Notwithstanding sections 16A.013 to 16A.016, the secretary of state may accept
29.11funds contributed by individuals and may apply for grants from charitable foundations, to
29.12be used for the address confidentiality program established in section 5B.03. In addition,
29.13the secretary of state may apply for grants from the federal government for purposes of the
29.14address confidentiality program. If the secretary of state accepts federal funds and the terms
29.15of the grant do not require the state to maintain its effort, section 3.3005 does not apply. If
29.16the secretary of state accepts federal funds and the terms of the grant do require the state to
29.17maintain its effort, section 3.3005 applies. The funds accepted under this section must be
29.18deposited in accounts in the special revenue fund and are appropriated to the secretary of
29.19state for use in the address confidentiality program. The secretary of state shall report by
29.20January 15 each year to the chair and ranking minority members of the finance committees
29.21of the house of representatives and the senate with jurisdiction over the secretary of state the
29.22total amounts received in the preceding calendar year, the sources of those funds, and the
29.23uses to which those funds were or will be put. Any contributions from program participants
29.24must be aggregated, and the names of program participants must not be reported.
29.25EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 10. [6.475] CITY AND TOWN ACCOUNTING SYSTEM SOFTWARE.
29.27(a) The state auditor in consultation with the Minnesota Association of Townships,
29.28the League of Minnesota Cities, and the Minnesota Association of Small Cities, may charge
29.29a onetime user fee to cities, towns, and other government entities for the development,
29.30maintenance, and distribution of the small city and town accounting system software.
29.31(b) A city and town accounting systems (CTAS) account is established in the special
30.1(c) Amounts received under paragraph (a) shall be credited to the CTAS account in
30.2the special revenue fund and are appropriated to the state auditor for all costs associated
30.3with the development, maintenance, and distribution of the small city and town accounting
30.4system software. If at any time the small city and town accounting system software ceases
30.5to be offered by the state auditor, any amount remaining in the CTAS account shall be
30.6equitably refunded to users in consultation with the Minnesota Association of Townships,
30.7the League of Minnesota Cities, and the Minnesota Association of Small Cities, and the
30.8account shall be closed.
Sec. 11. Minnesota Statutes 2012, section 6.48, is amended to read:
30.106.48 EXAMINATION OF COUNTIES; COST, FEES.
All the powers and duties conferred and imposed upon the state auditor shall be
exercised and performed by the state auditor in respect to the offices, institutions, public
property, and improvements of several counties of the state. At least once in each year,
if funds and personnel permit, the state auditor may visit, without previous notice, each
county and make a thorough examination of all accounts and records relating to the
receipt and disbursement of the public funds and the custody of the public funds and
other property. If the audit is performed by a private certified public accountant, the state
auditor may require additional information from the private certified public accountant as
the state auditor deems in the public interest. The state auditor may accept the audit or
make additional examinations as the state auditor deems to be in the public interest. The
state auditor shall prescribe and install systems of accounts and financial reports that shall
be uniform, so far as practicable, for the same class of offices. A copy of the report of
such examination shall be filed and be subject to public inspection in the office of the state
auditor and another copy in the office of the auditor of the county thus examined. The state
auditor may accept the records and audit, or any part thereof, of the Department of Human
Services in lieu of examination of the county social welfare funds, if such audit has been
made within any period covered by the state auditor's audit of the other records of the
county. If any such examination shall disclose malfeasance, misfeasance, or nonfeasance
in any office of such county, such report shall be filed with the county attorney of the
county, and the county attorney shall institute such civil and criminal proceedings as the
law and the protection of the public interests shall require.
The county receiving any examination shall pay to the
state general fund,
30.33 notwithstanding the provisions of section
16A.125 , state auditor enterprise fund
cost and expenses of such examinations, including the salaries paid to the examiners
while actually engaged in making such examination. The state auditor on deeming it
advisable may bill counties
, having a population of 200,000 or over, monthly periodically
for services rendered and the officials responsible for approving and paying claims shall
cause said bill to be promptly paid. The
general state auditor enterprise
fund shall be
credited with all collections made for any such examinations.
Sec. 12. Minnesota Statutes 2012, 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
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
general state auditor
fund shall be credited with all collections made for any such examinations,
including interest payments made pursuant to subdivision 3.
Sec. 13. [6.581] STATE AUDITOR ENTERPRISE FUND.
31.17 Subdivision 1. State auditor enterprise fund. A state auditor enterprise fund
31.18is established in the state treasury. All amounts received for the costs and expenses of
31.19examinations performed under this chapter shall be credited to the fund. Amounts credited
31.20to the fund are annually appropriated to the state auditor to pay the costs and expenses
31.21related to the examinations performed, including, but not limited to, salaries, office
31.22overhead, equipment, authorized contracts, and other expenses.
31.23 Subd. 2. Contract with private parties; equipment acquisition. When full-time
31.24personnel are not available, the state auditor may contract with a private entity for
31.25accounting and other technical services. Notwithstanding any law to the contrary, the
31.26acquisition of equipment may include duplicating equipment to be used in producing the
31.27reports issued by the Office of the State Auditor.
31.28 Subd. 3. Schedule of charges. The state auditor may adjust the schedule of charges
31.29for the examinations performed so that the charges are sufficient to cover all costs of the
31.30examinations performed and that the aggregate charges collected are sufficient to pay all
31.31salaries and other expenses, including the charges for the use of the equipment used in
31.32connection with the reimbursable examinations performed, and the cost of contracting for
31.33accounting and other technical services. The schedule of charges shall be based on an
31.34estimate of the cost of performing reimbursable examinations including, but not limited
32.1to, salaries, office overhead, equipment, authorized contracts, and other expenses. The
32.2state auditor may allocate a proportionate part of the total costs to an hourly or daily
32.3charge for each person or class of persons engaged in the performance of an examination.
32.4The schedule of charges shall reflect an equitable charge for the expenses incurred in the
32.5performance of any given examination. The state auditor shall review and adjust the
32.6schedule of charges for the examinations performed at least annually. All schedules of
32.7charges must be approved by the commissioner of management and budget before the
32.8charges are adopted to ensure that the amount collected is sufficient to pay all the costs
32.9connected with the examinations performed during the fiscal year.
32.10 Subd. 4. Reports to legislature. At least 30 days before implementing increased
32.11charges for examinations, the state auditor must report the proposed increases to the chairs
32.12and ranking minority members of the committees in the house of representatives and
32.13the senate with jurisdiction over the budget of the state auditor. By January 15 of each
32.14odd-numbered year, the state auditor must report to these chairs and ranking minority
32.15members a summary of anticipated expenditures from the state auditor enterprise fund and
32.16rates charged to support the fund for the biennium ending June 30 of that year, and an
32.17estimate of expenditures from the fund and rates to be charged for the biennium beginning
32.18July 1 of that year. The summary must separately report amounts for salaries, office
32.19overhead, equipment, authorized contracts, and other expenses.
Sec. 14. Minnesota Statutes 2012, section 15A.082, subdivision 1, is amended to read:
Subdivision 1. Creation.
A Compensation Council is created each
year to assist the legislature in establishing the compensation of
constitutional officers, members of the legislature, justices of the Supreme Court, judges
of the Court of Appeals and district court, and the heads of state and metropolitan agencies
included in section
Sec. 15. Minnesota Statutes 2012, section 15A.082, subdivision 2, is amended to read:
Subd. 2. Membership.
The Compensation Council consists of 16 members: two
members of the house of representatives,
appointed by the speaker of the house; two
members of the senate,
appointed by the majority leader of the senate; one member of the
house of representatives,
appointed by the minority leader of the house of representatives;
one member of the senate,
appointed by the minority leader of the senate; two nonjudges
appointed by the chief justice of the Supreme Court; and one member from each
congressional district appointed by the governor, of whom no more than four may belong
to the same political party. Appointments must be made
by October 1 after the first
33.1Monday in January and before January 15
. The compensation and removal of members
appointed by the governor or the chief justice shall be as provided in section
subdivisions 3 and 4. The Legislative Coordinating Commission shall provide the council
with administrative and support services.
Sec. 16. Minnesota Statutes 2012, section 15A.082, subdivision 3, is amended to read:
Subd. 3. Submission of recommendations.
May 1 March 15
odd-numbered year, the Compensation Council shall submit to the speaker of the house
and the president of the senate salary recommendations for constitutional officers,
legislators, justices of the Supreme Court, and judges of the Court of Appeals and district
court. The recommended salary for each office must take effect on the first Monday in
January of the next odd-numbered year, with no more than one adjustment, to take effect
on January 1 of the year after that. The salary recommendations for legislators, judges, and
constitutional officers take effect if an appropriation of money to pay the recommended
salaries is enacted after the recommendations are submitted and before their effective date.
Recommendations may be expressly modified or rejected. The salary recommendations
for legislators are subject to additional terms that may be adopted according to section
, subdivisions 1 and 3.
(b) The council shall also submit to the speaker of the house and the president of
the senate recommendations for the salary ranges of the heads of state and metropolitan
agencies, to be effective retroactively from January 1 of that year if enacted into law. The
recommendations shall include the appropriate group in section
to which each
agency head should be assigned and the appropriate limitation on the maximum range of
the salaries of the agency heads in each group, expressed as a percentage of the salary of
Sec. 17. Minnesota Statutes 2012, section 16A.10, subdivision 1c, is amended to read:
Subd. 1c. Performance measures for change items.
For each change item in the
budget proposal requesting new or increased funding, the budget document must present
proposed performance measures that can be used to determine if the new or increased
funding is accomplishing its goals. To the extent possible, each budget change item
must identify relevant
Minnesota Milestones and other
statewide goals and indicators
related to the proposed initiative.
The commissioner must report to the Subcommittee on
33.32 Government Accountability established under section
3.885, subdivision 10 , regarding the
33.33 format to be used for the presentation and selection of Minnesota Milestones and other
33.34 statewide goals and indicators.
Sec. 18. [16A.117] CONTINUING APPROPRIATIONS.
34.2 Subdivision 1. Appropriations continue for one year. If a major appropriation bill
34.3is not enacted before July 1 of an odd-numbered year, the existing appropriation amounts
34.4pertaining to that bill for the fiscal year ending that June 30 are in effect again at the base
34.5level through the fiscal year beginning July 1 of that odd-numbered year. The base level
34.6is the amount appropriated for the fiscal year ending that June 30, except as otherwise
34.7provided by subdivision 2 or by other law. The amounts needed to implement this section
34.8are appropriated from each fund covered by this section.
34.9 Subd. 2. Exceptions and adjustments. (a) An appropriation remaining in effect
34.10under authority of subdivision 1 must be adjusted or discontinued as required by other
34.11law and according to paragraphs (b) to (e).
34.12(b) In order to meet the fiscal obligations required under current law, the
34.13commissioner must adjust the appropriation for each forecasted program according to the
34.14forecast adjusted base spending level estimated by the commissioner in the preceding
34.16 (c) An appropriation for the fiscal year ending June 30 of the odd-numbered year
34.17does not remain in effect for the fiscal year starting on July 1 if the legislature specifically
34.18designated the appropriation as a onetime appropriation, if the commissioner of
34.19management and budget determines that the legislature clearly intended the appropriation
34.20to be onetime, or if the program for which the appropriation was made expires on or
34.21before July 1.
34.22 (d) If an appropriation remains in effect under authority of subdivision 1, but the
34.23program or activity that is the subject of the appropriation is scheduled to expire during a
34.24fiscal year, the commissioner of management and budget must prorate the appropriation
34.25consistent with the expiration date.
34.26 (e) The commissioner of management and budget may make technical adjustments
34.27to the amount of an appropriation to the extent the commissioner determines the technical
34.28adjustments are needed to accurately reflect the amount that constitutes the annual
34.29base level of the appropriation. The commissioner may make an adjustment under this
34.30paragraph only if one or more of the following conditions is met:
34.31 (1) the legislature previously appropriated money for a biennium, with the entire
34.32appropriation being allocated to one year of the biennium, and the commissioner
34.33determines an adjustment is necessary to accurately reflect the annual amount needed to
34.34maintain program operations at the same level;
35.1 (2) laws or policies under which revenues and expenditures are accounted for have
35.2changed to eliminate or consolidate certain funds or accounts or to create new funds or
35.3accounts, and adjustments in appropriations are necessary to implement these changes;
35.4 (3) duties have been transferred between agency programs, or between agencies, and
35.5adjustments in appropriations are necessary to reflect these transfers; or
35.6 (4) a program, or changes to a program, were not fully operational in one fiscal year,
35.7but will be fully operational in the following year, and an adjustment to the appropriation
35.8is needed to accurately reflect the annual cost of the new or changed program.
35.9 The commissioner of management and budget must give the chairs and lead
35.10minority caucus members of the senate finance and house ways and means committees
35.11written notice of any adjustments made under this subdivision.
35.12 Subd. 3. Statutory appropriations. All statutory appropriations from the general
35.13fund or another fund in the state treasury continue as required under current law and
35.14are not limited by subdivision 1.
35.15EFFECTIVE DATE.This section is effective July 1, 2013.
Sec. 19. [16A.503] FEDERAL CONTINGENCY PLANNING.
35.17Each executive branch state agency that receives federal funds must notify the
35.18budget committees of the legislature with jurisdiction over the agency by October 1
35.19of each even-numbered year if the agency believes there is potential for a significant
35.20reduction in the amount of federal funds the agency will receive in the biennium beginning
35.21the following July 1. Each notice must include:
35.22(1) the reasons for the potential reduction in federal funds, and the likelihood the
35.23reduction will occur;
35.24(2) the impact to the agency's operations and to other state and local government
35.25services related to the potential reduction in federal funds; and
35.26(3) any steps the agency is taking to adjust to and minimize the impact of a potential
35.27loss of federal funds.
Sec. 20. Minnesota Statutes 2012, section 16A.82, is amended to read:
35.2916A.82 TECHNOLOGY LEASE-PURCHASE APPROPRIATION.
The following amounts are appropriated from the general fund to the commissioner
to make payments under a lease-purchase agreement as defined in section
replacement of the state's accounting and procurement systems, provided that the state
is not obligated to continue such appropriation of funds or to make lease payments
in any future fiscal year.
||Fiscal year 2010
||Fiscal year 2011
||Fiscal year 2012
||Fiscal year 2013
||Fiscal year 2014
||Fiscal year 2015
||Fiscal year 2016
||Fiscal year 2017
||Fiscal year 2018
||Fiscal year 2019
Of these appropriations, up to $2,000 per year may be used to pay the annual trustee
fees for the lease-purchase agreements authorized in this section
and section 270C.145
Any unexpended portions of this appropriation cancel to the general fund at the close of
each biennium. This section expires June 30, 2019.
Sec. 21. [16E.0466] STATE AGENCY TECHNOLOGY PROJECTS.
36.18Every state agency with an information or telecommunications project must consult
36.19with the Office of Enterprise Technology to determine what the IT cost of the project
36.20is, and transfer the IT cost portion to the Office of Enterprise Technology, unless the
36.21commissioner of the Office of Enterprise Technology determines that a transfer is
36.22not required. A transfer is not required under this section to the extent the transfer is
36.23prohibited by federal law or would cause a loss of federal funds. Agencies specified in
36.24section 16E.016, paragraph (d), are exempt from the requirements of this section.
Sec. 22. Minnesota Statutes 2012, section 32C.04, is amended to read:
36.2632C.04 ACCOUNTS; AUDITS.
The authority may establish funds and accounts that it determines to be reasonable and
necessary to conduct the business of the authority. The board shall
provide for and pay the
36.29 cost of an independent annual audit of its official books and records be subject to audit
auditor. A copy of
audit must be filed with the secretary of state.
Sec. 23. Minnesota Statutes 2012, section 129D.14, subdivision 2, is amended to read:
Subd. 2. Definitions.
As used in this section, the terms defined in this subdivision
have the meanings given them.
(a) "Corporation for Public Broadcasting" or "CPB"
means the nonprofit organization
established pursuant to United States Code, title 47, section 396.
(b) "Federal Communications Commission" or "FCC"
means the federal agency
established pursuant to United States Code, title 47, section 151.
(c) "Licensee" means
the individual or business an
Communications Commission has issued
license to operate a noncommercial radio
station as defined in Code of Federal Regulations, title 47, subpart D, section 73.503
(d) "Noncommercial radio station" means a station operated by a licensee of the FCC
as a noncommercial educational radio station
under a license or program test authority from
37.10 the Federal Communications Commission as a noncommercial educational radio station as
37.11defined in Code of Federal Regulations, title 47, subpart D, section 73.503
, licensed to a
community within the state and serving a segment of the population of the state.
(e) "Operating income" may include:
(1) individual and other community contributions;
(2) all grants received from the Corporation for Public Broadcasting;
(3) grants received from foundations, corporations, or federal, state, or local agencies
or other sources for the purpose of programming or general operating support;
(4) interest income;
(5) earned income;
(6) employee salaries paid through the federal Comprehensive Employment and
Training Act, or other similar public employment programs, provided that only salary
expended for employee duties directly relating to radio station operations shall be counted;
(7) employee salaries paid through supporting educational institutions, provided that
only salary expended for employee duties directly relating to radio station operations
shall be counted;
(8) direct operating costs provided by supporting educational institutions; and
(9) no more than $15,000 in volunteer time calculated at the federal minimum wage.
The following are specifically excluded in determining a station's operating income:
(1) dollar representations in in-kind assistance from any source except as stipulated
in clauses (8) and (9) above;
(2) grants or contributions from any source for the purpose of purchasing capital
improvements or equipment; and
(3) noncommercial radio station grants received in the previous fiscal year pursuant
to this section.
37.35(f) "Local" means the area designated by the FCC's 60 dBu contour map.
Sec. 24. Minnesota Statutes 2012, section 129D.14, subdivision 3, is amended to read:
Subd. 3. Eligibility. (a)
To qualify for a grant under this section, the licensee
hold a valid noncommercial
radio station license
or program test
Federal Communications Commission; FCC that is a Class "A" or "C"
38.6FM, as defined in Code of Federal Regulations, title 47, subpart B, sections 73.210 and
38.773.211 or Class "C" or "D" AM, as defined in Code of Federal Regulations, title 47,
38.8subpart A, section 73.21. Stations with a Class "L1" and "LP100" are not eligible for this
38.9funding. The station must be licensed to a community in the state of Minnesota and must
38.10be operated as a noncommercial educational station.
38.11 (b) (2)
have facilities adequate to provide local program production and origination;
employ a minimum of two full-time professional radio staff persons or the
equivalent in part-time staff and agree to employ a minimum of two full-time professional
radio staff persons or the equivalent in part-time staff throughout the fiscal year of the grant;
maintain a minimum daily broadcasting schedule of (1) the maximum
allowed by its Federal Communications Commission license or (2) 12 hours a day during
the first year of eligibility for state assistance, 15 hours a day during the second year of
eligibility and 18 hours a day during the third and following years of eligibility;
broadcast 365 days a year or the maximum number of days allowed by its
Federal Communications Commission license with an exception for power outages and
have a daily broadcast schedule devoted primarily to programming that serves
ascertained community needs of an educational, informational or cultural nature within
its primary signal area; however, a program schedule of a main channel carrier designed
to further the principles of one or more particular religious philosophies or including 25
percent or more religious programming on a broadcast day does not meet this criterion,
nor does a program schedule of a main channel carrier designed primarily for in-school or
professional in-service audiences;
originate significant, locally produced programming designed to serve its
community of license;
have a total annual operating income and budget of at least $50,000;
have either a board of directors representing the community or a community
advisory board that conducts advisory board meetings that are open to the public;
have a board of directors that:
holds the portion of any meeting
relating to the management or operation of the radio station open to the public and
permits any person to attend any meeting of the board without requiring a person,
as a condition to attendance at the meeting, to register the person's name or to provide
any other information; and
have met the criteria in clauses
for six months before it is
eligible for state assistance under this section.
The commissioner shall accept the judgment of Corporation for Public
Broadcasting accepted audit when it is available on a station's eligibility for assistance
under the criteria of this subdivision. If the station is not qualified for assistance or is
39.8qualified for but not receiving funding
from the Corporation for Public Broadcasting, an
independent audit is required to verify eligibility under paragraph (a), clause (8)
. If neither
is available, the commissioner may accept a written declaration of eligibility signed by
an independent auditor, a certified public accountant, or the chief executive officer of the
station's parent organization
if it is an institution of education
Sec. 25. Minnesota Statutes 2012, section 129D.155, is amended to read:
39.14129D.155 REPAYMENT OF FUNDS.
State funds distributed to public television or noncommercial radio stations and used
to purchase equipment assets must be repaid to the state, without interest, if the assets
purchased with these funds are sold within five years or otherwise converted to a person
other than a nonprofit or municipal corporation. The amount due to the state shall be the
net amount realized from the sale of the assets, but shall not exceed the amount of state
funds advanced for the purchase of the asset. The commissioner of administration may
39.21approve the use of funds derived from the sale of such assets for the purchase of new
39.22equipment for similar purposes.
Sec. 26. Minnesota Statutes 2012, section 161.1419, subdivision 3, is amended to read:
Investigatory powers; Chair, vice-chair, and secretary.
may hold meetings and hearings at such time and places as it may designate to accomplish
the purposes set forth in this section
and may subpoena witnesses and records
. It shall select
a chair, a vice-chair, and such other officers from its membership as it deems necessary.
The commission shall appoint a secretary who shall also serve as a commission member.
Sec. 27. Minnesota Statutes 2012, section 469.3201, is amended to read:
STATE LEGISLATIVE AUDITOR; AUDITS OF JOB
39.31OPPORTUNITY BUILDING ZONES AND BUSINESS SUBSIDY AGREEMENTS.
39.32 As resources allow,
Office of the State Auditor legislative auditor
audit the creation and operation of all job opportunity building zones and business
subsidy agreements entered into under Minnesota Statutes, sections
To the extent necessary to perform this audit, the state auditor may request from the
40.3 commissioner of revenue tax return information of taxpayers who are eligible to receive
40.4 tax benefits authorized under section
469.315 . To the extent necessary to perform this
40.5 audit, the state auditor may request from the commissioner of employment and economic
40.6 development wage detail report information required under section
268.044 of taxpayers
40.7 eligible to receive tax benefits authorized under section
469.315 All public officials and
40.8parties to the agreements shall provide the legislative auditor with all documents and
40.9data the legislative auditor deems necessary and in all other respects comply with the
40.10requirements of section 3.978, subdivision 2
Sec. 28. Minnesota Statutes 2012, section 471.699, is amended to read:
40.12471.699 ENFORCEMENT OF REPORTING REQUIREMENTS.
Failure of a city to timely file a statement or report under section
shall, in addition to any other penalties provided by law, authorize the state auditor to send
full-time personnel to the city or to contract with private persons, firms, or corporations
pursuant to section
, in order to complete and file the financial statement or
report. The expenses related to the completion and filing of the financial statement or
report shall be charged to the city. Upon failure by the city to pay the charge within 30
days of billing, the state auditor shall so certify to the commissioner of management and
budget who shall forward the amount certified to the general fund and deduct the amount
from any state funds due to the city under any shared taxes or aids. The state auditor's
annual report on cities shall include a listing of all cities failing to file a statement or report.
Sec. 29. LEGISLATIVE ADVISORY COMMISSION CHAIR; 2013.
40.24Under Minnesota Statutes, section 3.30, subdivision 2, the chair of the Legislative
40.25Advisory Commission must be a member of the senate in 2013.
Sec. 30. AUDIT OF FINANCIAL STATEMENTS.
40.27The legislative auditor shall examine alternatives for achieving an annual
40.28independent audit of the financial statements of the state of Minnesota required by
40.29Minnesota Statutes, section 16A.50, and make recommendations to the Legislative Audit
40.30Commission and appropriate legislative committees by October 1, 2013.
Sec. 31. REIMBURSEMENT TO CERTAIN EMPLOYEES DENIED
41.1(a) This section applies to a participant in the state employee group insurance
41.2program who was denied dependent coverage between July 1, 2012, and December 31,
41.32012, because of a dependent audit conducted under Laws 2011, First Special Session
41.4chapter 10, article 3, section 40. Upon written request of a participant to whom this section
41.5applies, the commissioner of management and budget must determine, within 30 days of
41.6receiving the request, if the participant's dependents would have been eligible for coverage
41.7if the participant had responded in a timely manner to a letter requesting verification of
41.8dependent eligibility. As a condition of making a determination under this section, the
41.9commissioner may require a participant to submit statements or other evidence to support
41.10the participant's request. A request under this section must be made before September
41.1130, 2013. The commissioner must notify the participant immediately after making a
41.12determination under this section. If the commissioner determines that the dependents
41.13would have been eligible for coverage, the commissioner must, within 60 days, reimburse
41.14the participant for the documented cost of other insurance that the participant purchased for
41.15dependents during the period of denial of coverage, minus the cost of dependent coverage
41.16the participant would have paid under the state employee group insurance program.
41.17(b) The commissioner of management and budget must allocate the cost of this
41.18section to agencies and constitutional officers based on the proportionate positive variance
41.19between the general fund reductions allocated to agencies and constitutional officers
41.20under Laws 2011, First Special Session chapter 10, article 1, section 37, subdivision 1,
41.21to the actual general fund savings realized by those agencies and constitutional officers
41.22through the verification process required in that subdivision. The amount allocated to each
41.23agency is reduced from each agency's general fund appropriation and appropriated to the
41.24commissioner of management and budget to make the payments required in this section.
41.25The appropriation is available until June 30, 2014.
41.26EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 32. REPEALER.
41.28Minnesota Statutes 2012, sections 3.304, subdivisions 1 and 5; 3.885, subdivision
41.2910; and 6.58, are repealed.
Section 1. Minnesota Statutes 2012, section 65B.84, subdivision 1, is amended to read:
Subdivision 1. Program described; commissioner's duties; appropriation.
The commissioner of commerce shall:
(1) develop and sponsor the implementation of statewide plans, programs, and
strategies to combat automobile theft, improve the administration of the automobile theft
laws, and provide a forum for identification of critical problems for those persons dealing
with automobile theft;
(2) coordinate the development, adoption, and implementation of plans, programs,
and strategies relating to interagency and intergovernmental cooperation with respect
to automobile theft enforcement;
(3) annually audit the plans and programs that have been funded in whole or in part
to evaluate the effectiveness of the plans and programs and withdraw funding should the
commissioner determine that a plan or program is ineffective or is no longer in need
of further financial support from the fund;
(4) develop a plan of operation including:
(i) an assessment of the scope of the problem of automobile theft, including areas
of the state where the problem is greatest;
(ii) an analysis of various methods of combating the problem of automobile theft;
(iii) a plan for providing financial support to combat automobile theft;
(iv) a plan for eliminating car hijacking; and
(v) an estimate of the funds required to implement the plan; and
(5) distribute money, in consultation with the commissioner of public safety,
pursuant to subdivision 3 from the automobile theft prevention special revenue account
for automobile theft prevention activities, including:
(i) paying the administrative costs of the program;
(ii) providing financial support to the State Patrol and local law enforcement
agencies for automobile theft enforcement teams;
(iii) providing financial support to state or local law enforcement agencies for
programs designed to reduce the incidence of automobile theft and for improved
equipment and techniques for responding to automobile thefts;
(iv) providing financial support to local prosecutors for programs designed to reduce
the incidence of automobile theft;
(v) providing financial support to judicial agencies for programs designed to reduce
the incidence of automobile theft;
(vi) providing financial support for neighborhood or community organizations or
business organizations for programs designed to reduce the incidence of automobile
theft and to educate people about the common methods of automobile theft, the models
of automobiles most likely to be stolen, and the times and places automobile theft is
most likely to occur; and
(vii) providing financial support for automobile theft educational and training
programs for state and local law enforcement officials, driver and vehicle services exam
and inspections staff, and members of the judiciary.
(b) The commissioner may not spend in any fiscal year more than ten percent of the
money in the fund for the program's administrative and operating costs. The commissioner
is annually appropriated and must distribute the amount of the proceeds credited to
the automobile theft prevention special revenue account each year, less the transfer
of $1,300,000 each year to the general fund described in section
297I.11, subdivision 2
43.12EFFECTIVE DATE.This section is effective for premiums collected after June
Sec. 2. Minnesota Statutes 2012, section 270C.69, subdivision 1, is amended to read:
Subdivision 1. Notice and procedures.
(a) The commissioner may, within five years
after the date of assessment of the tax, or if a lien has been filed under section
within the statutory period for enforcement of the lien, give notice to any employer
deriving income which has a taxable situs in this state regardless of whether the income is
exempt from taxation, that an employee of that employer is delinquent in a certain amount
with respect to any taxes, including penalties, interest, and costs. The commissioner can
proceed under this section only if the tax is uncontested or if the time for appeal of the tax
has expired. The commissioner shall not proceed under this section until the expiration of
30 days after mailing to the taxpayer, at the taxpayer's last known address, a written notice
of (1) the amount of taxes, interest, and penalties due from the taxpayer and demand for
their payment, and (2) the commissioner's intention to require additional withholding by
the taxpayer's employer pursuant to this section. The effect of the notice shall expire one
year after it has been mailed to the taxpayer provided that the notice may be renewed by
mailing a new notice which is in accordance with this section. The renewed notice shall
have the effect of reinstating the priority of the original claim. The notice to the taxpayer
shall be in substantially the same form as that provided in section
. The notice
shall further inform the taxpayer of the wage exemptions contained in section
. If no statement of exemption is received by the commissioner within 30
days from the mailing of the notice, the commissioner may proceed under this section.
The notice to the taxpayer's employer may be served by mail or by delivery by an agent of
the department and shall be in substantially the same form as provided in section
Upon receipt of notice, the employer shall withhold from compensation due or to become
due to the employee, the total amount shown by the notice, subject to the provisions of
. The employer shall continue to withhold each pay period until the notice
is released by the commissioner under section
. Upon receipt of notice by the
employer, the claim of the state of Minnesota shall have priority over any subsequent
garnishments or wage assignments. The commissioner may arrange between the employer
and the employee for withholding a portion of the total amount due the employee each pay
period, until the total amount shown by the notice plus accrued interest has been withheld.
(b) The "compensation due" any employee is defined in accordance with the
provisions of section
. The maximum withholding allowed under this section for
any one pay period shall be decreased by any amounts payable pursuant to a garnishment
action with respect to which the employer was served prior to being served with the notice
of delinquency and any amounts covered by any irrevocable and previously effective
assignment of wages; the employer shall give notice to the commissioner of the amounts
and the facts relating to such assignments within ten days after the service of the notice of
delinquency on the form provided by the commissioner as noted in this section.
(c) Within ten days after the expiration of such pay period, the employer shall remit
to the commissioner
, on a form and
in the manner prescribed by the commissioner, the
amount withheld during each pay period under this section. The employer must file all
44.20wage levy disclosure forms and remit all wage levy payments by electronic means.
44.21EFFECTIVE DATE.This section is effective for wage levy disclosures or wage
44.22levy payments filed or made after December 31, 2013.
Sec. 3. Minnesota Statutes 2012, section 289A.20, subdivision 2, is amended to read:
Subd. 2. Withholding from wages, entertainer withholding, withholding
44.25from payments to out-of-state contractors, and withholding by partnerships, small
44.26business corporations, trusts.
(a) A tax required to be deducted and withheld during the
quarterly period must be paid on or before the last day of the month following the close of
the quarterly period, unless an earlier time for payment is provided. A tax required to be
deducted and withheld from compensation of an entertainer and from a payment to an
out-of-state contractor must be paid on or before the date the return for such tax must be
filed under section
289A.18, subdivision 2
. Taxes required to be deducted and withheld
by partnerships, S corporations, and trusts must be paid on a quarterly basis as estimated
taxes under section
for partnerships and trusts and under section
(b) An employer who, during the previous quarter, withheld more than $1,500 of
tax under section
290.92, subdivision 2a
or 3, or
290.923, subdivision 2
, must deposit tax
withheld under those sections with the commissioner within the time allowed to deposit
the employer's federal withheld employment taxes under Code of Federal Regulations,
title 26, section 31.6302-1, as amended through December 31, 2001, without regard to the
safe harbor or de minimis rules in paragraph (f) or the one-day rule in paragraph (c)(3).
Taxpayers must submit a copy of their federal notice of deposit status to the commissioner
upon request by the commissioner.
(c) The commissioner may prescribe by rule other return periods or deposit
requirements. In prescribing the reporting period, the commissioner may classify payors
according to the amount of their tax liability and may adopt an appropriate reporting
period for the class that the commissioner judges to be consistent with efficient tax
collection. In no event will the duration of the reporting period be more than one year.
(d) If less than the correct amount of tax is paid to the commissioner, proper
adjustments with respect to both the tax and the amount to be deducted must be made,
without interest, in the manner and at the times the commissioner prescribes. If the
underpayment cannot be adjusted, the amount of the underpayment will be assessed and
collected in the manner and at the times the commissioner prescribes.
(e) If the aggregate amount of the tax withheld is
45.20 (1) $20,000 or more in the fiscal year ending June 30, 2005; or
$10,000 or more in
fiscal year ending June 30,
2006, and fiscal years
the employer must remit each required deposit for wages paid in
by electronic means.
(f) A third-party bulk filer as defined in section
290.92, subdivision 30
(a), clause (2), who remits withholding deposits must remit all deposits by electronic
means as provided in paragraph (e), regardless of the aggregate amount of tax withheld
during a fiscal year for all of the employers.
45.29EFFECTIVE DATE.This section is effective for the fiscal year ending June 30,
45.302013, and all fiscal years thereafter.
Sec. 4. Minnesota Statutes 2012, section 289A.20, subdivision 4, is amended to read:
Subd. 4. Sales and use tax.
(a) The taxes imposed by chapter 297A are due and
payable to the commissioner monthly on or before the 20th day of the month following
the month in which the taxable event occurred, or following another reporting period
as the commissioner prescribes or as allowed under section
289A.18, subdivision 4
paragraph (f) or (g), except that:
(1) use taxes due on an annual use tax return as provided under section
, are payable by April 15 following the close of the calendar year; and
(2) except as provided in paragraph (f), for a vendor having a liability of $120,000
or more during a fiscal year ending June 30, 2009, and fiscal years thereafter, the taxes
imposed by chapter 297A, except as provided in paragraph (b), are due and payable to the
commissioner monthly in the following manner:
(i) On or before the 14th day of the month following the month in which the taxable
event occurred, the vendor must remit to the commissioner 90 percent of the estimated
liability for the month in which the taxable event occurred.
(ii) On or before the 20th day of the month in which the taxable event occurs, the
vendor must remit to the commissioner a prepayment for the month in which the taxable
event occurs equal to 67 percent of the liability for the previous month.
(iii) On or before the 20th day of the month following the month in which the taxable
event occurred, the vendor must pay any additional amount of tax not previously remitted
under either item (i) or (ii ) or, if the payment made under item (i) or (ii) was greater than
the vendor's liability for the month in which the taxable event occurred, the vendor may
take a credit against the next month's liability in a manner prescribed by the commissioner.
(iv) Once the vendor first pays under either item (i) or (ii), the vendor is required to
continue to make payments in the same manner, as long as the vendor continues having a
liability of $120,000 or more during the most recent fiscal year ending June 30.
(v) Notwithstanding items (i), (ii), and (iv), if a vendor fails to make the required
payment in the first month that the vendor is required to make a payment under either item
(i) or (ii), then the vendor is deemed to have elected to pay under item (ii) and must make
subsequent monthly payments in the manner provided in item (ii).
(vi) For vendors making an accelerated payment under item (ii), for the first month
that the vendor is required to make the accelerated payment, on the 20th of that month, the
vendor will pay 100 percent of the liability for the previous month and a prepayment for
the first month equal to 67 percent of the liability for the previous month.
(b) Notwithstanding paragraph (a), a vendor having a liability of $120,000 or more
during a fiscal year ending June 30 must remit the June liability for the next year in the
(1) Two business days before June 30 of the year, the vendor must remit 90 percent
of the estimated June liability to the commissioner.
(2) On or before August 20 of the year, the vendor must pay any additional amount
of tax not remitted in June.
(c) A vendor having a liability of:
(1) $10,000 or more, but less than $120,000 during a fiscal year ending June 30,
, and fiscal years thereafter, must remit by electronic means all liabilities on
returns due for periods beginning in
on or before
the 20th day of the month following the month in which the taxable event occurred, or
on or before the 20th day of the month following the month in which the sale is reported
289A.18, subdivision 4
(2) $120,000 or more, during a fiscal year ending June 30, 2009, and fiscal years
thereafter, must remit by electronic means all liabilities in the manner provided in
paragraph (a), clause (2), on returns due for periods beginning in the subsequent calendar
year, except for 90 percent of the estimated June liability, which is due two business days
before June 30. The remaining amount of the June liability is due on August 20.
(d) Notwithstanding paragraph (b) or (c), a person prohibited by the person's
religious beliefs from paying electronically shall be allowed to remit the payment by mail.
The filer must notify the commissioner of revenue of the intent to pay by mail before
doing so on a form prescribed by the commissioner. No extra fee may be charged to a
person making payment by mail under this paragraph. The payment must be postmarked
at least two business days before the due date for making the payment in order to be
considered paid on a timely basis.
(e) Whenever the liability is $120,000 or more separately for: (1) the tax imposed
under chapter 297A; (2) a fee that is to be reported on the same return as and paid with the
chapter 297A taxes; or (3) any other tax that is to be reported on the same return as and
paid with the chapter 297A taxes, then the payment of all the liabilities on the return must
be accelerated as provided in this subdivision.
(f) At the start of the first calendar quarter at least 90 days after the cash flow account
established in section
16A.152, subdivision 1
, and the budget reserve account established in
16A.152, subdivision 1a
, reach the amounts listed in section
, paragraph (a), the remittance of the accelerated payments required under paragraph (a),
clause (2), must be suspended. The commissioner of management and budget shall notify
the commissioner of revenue when the accounts have reached the required amounts.
Beginning with the suspension of paragraph (a), clause (2), for a vendor with a liability of
$120,000 or more during a fiscal year ending June 30, 2009, and fiscal years thereafter, the
taxes imposed by chapter 297A are due and payable to the commissioner on the 20th day
of the month following the month in which the taxable event occurred. Payments of tax
liabilities for taxable events occurring in June under paragraph (b) are not changed.
48.3EFFECTIVE DATE.This section is effective for the fiscal year ending June 30,
48.42013, and all fiscal years thereafter.
Sec. 5. Minnesota Statutes 2012, section 289A.26, subdivision 2a, is amended to read:
Subd. 2a. Electronic payments.
If the aggregate amount of estimated tax payments
48.8 (1) $20,000 or more in the fiscal year ending June 30, 2005; or
$10,000 or more in
fiscal year ending June 30,
2006, and fiscal years
all estimated tax payments in
must be paid by
48.13EFFECTIVE DATE.This section is effective for the fiscal year ending June 30,
48.142013, and all fiscal years thereafter.
Sec. 6. Minnesota Statutes 2012, section 295.55, subdivision 4, is amended to read:
Subd. 4. Electronic payments.
A taxpayer with an aggregate tax liability of
48.17 (1) $20,000 or more in the fiscal year ending June 30, 2005; or
$10,000 or more in
fiscal year ending June 30,
2006, and fiscal years
must remit all liabilities by electronic means in
48.21EFFECTIVE DATE.This section is effective for the fiscal year ending June 30,
48.222013, and all fiscal years thereafter.
Sec. 7. Minnesota Statutes 2012, section 297F.09, subdivision 7, is amended to read:
Subd. 7. Electronic payment.
A cigarette or tobacco products distributor having a
liability of $10,000 or more during a fiscal year ending June 30 must remit all liabilities in
by electronic means.
48.27EFFECTIVE DATE.This section is effective for the fiscal year ending June 30,
48.282013, and all fiscal years thereafter.
Sec. 8. Minnesota Statutes 2012, section 297G.09, subdivision 6, is amended to read:
Subd. 6. Electronic payments.
A licensed brewer, importer, or wholesaler having
an excise tax liability of $10,000 or more during a fiscal year ending June 30 must remit
all excise tax liabilities in
by electronic means.
49.4EFFECTIVE DATE.This section is effective for the fiscal year ending June 30,
49.52013, and all fiscal years thereafter.
Sec. 9. [297I.11] AUTOMOBILE THEFT PREVENTION SURCHARGE.
49.7 Subdivision 1. Surcharge. Each insurer engaged in the writing of policies of
49.8automobile insurance shall collect a surcharge, at the rate of 50 cents per vehicle
49.9for every six months of coverage, on each policy of automobile insurance providing
49.10comprehensive insurance coverage issued or renewed in this state. The surcharge may not
49.11be considered premium for any purpose, including the computation of premium tax or
49.12agents' commissions. The amount of the surcharge must be separately stated on either a
49.13billing or policy declaration sent to an insured. Insurers shall remit the revenue derived
49.14from this surcharge to the commissioner of revenue for purposes of the automobile theft
49.15prevention program described in section 65B.84. For purposes of this subdivision, "policy
49.16of automobile insurance" has the meaning given it in section 65B.14, covering only the
49.17following types of vehicles as defined in section 168.002:
49.18(1) a passenger automobile;
49.19(2) a pickup truck;
49.20(3) a van but not commuter vans as defined in section 168.126; or
49.21(4) a motorcycle,
49.22except that no vehicle with a gross vehicle weight in excess of 10,000 pounds is included
49.23within this definition.
49.24 Subd. 2. Automobile theft prevention account. A special revenue account in
49.25the state treasury shall be credited with the proceeds of the surcharge imposed under
49.26subdivision 1. Of the revenue in the account, $1,300,000 each year must be transferred to
49.27the general fund. Revenues in excess of $1,300,000 each year may be used only for the
49.28automobile theft prevention program described in section 65B.84.
49.29 Subd. 3. Collection and administration. The commissioner shall collect and
49.30administer the surcharge imposed by this section in the same manner as the taxes imposed
49.31by this chapter.
49.32EFFECTIVE DATE.This section is effective for premiums collected after June
Sec. 10. Minnesota Statutes 2012, section 297I.30, is amended by adding a subdivision
50.3 Subd. 10. Automobile theft prevention surcharge. On or before May 1, August
50.41, November 1, and February 1 of each year, every insurer required to pay the surcharge
50.5under section 297I.11 shall file a return with the commissioner for the preceding
50.6three-month period ending March 31, June 30, September 30, and December 31, in the
50.7form prescribed by the commissioner.
50.8EFFECTIVE DATE.This section is effective for premiums collected after June
Sec. 11. Minnesota Statutes 2012, section 297I.35, subdivision 2, is amended to read:
Subd. 2. Electronic payments.
If the aggregate amount of tax and surcharges due
under this chapter during a fiscal year ending June 30 is equal to or exceeds $10,000, or
if the taxpayer is required to make payment of any other tax to the commissioner by
electronic means, then all tax and surcharge payments in
must be paid by electronic means.
50.16EFFECTIVE DATE.This section is effective for the fiscal year ending June 30,
50.172013, and all fiscal years thereafter.
Sec. 12. Minnesota Statutes 2012, section 473.843, subdivision 3, is amended to read:
Subd. 3. Payment of fee.
On or before the 20th day of each month each operator
shall pay the fee due under this section for the previous month, using a form provided
by the commissioner of revenue.
An operator having a fee of $10,000 or more during a fiscal year ending June 30
must pay all fees in
by electronic means.
50.24EFFECTIVE DATE.This section is effective for the fiscal year ending June 30,
50.252013, and all fiscal years thereafter.
Sec. 13. REPEALER.
50.27(a) Minnesota Statutes 2012, section 168A.40, subdivisions 3 and 4, are repealed
50.28effective for premiums collected after June 30, 2013.
50.29(b) Minnesota Statutes 2012, section 270C.145, is repealed the day following final
Section 1. Minnesota Statutes 2012, section 254A.035, subdivision 2, is amended to
Subd. 2. Membership terms, compensation, removal and expiration.
membership of this council shall be composed of 17 persons who are American Indians
and who are appointed by the commissioner. The commissioner shall appoint one
representative from each of the following groups: Red Lake Band of Chippewa Indians;
Fond du Lac Band, Minnesota Chippewa Tribe; Grand Portage Band, Minnesota
Chippewa Tribe; Leech Lake Band, Minnesota Chippewa Tribe; Mille Lacs Band,
Minnesota Chippewa Tribe; Bois Forte Band, Minnesota Chippewa Tribe; White Earth
Band, Minnesota Chippewa Tribe; Lower Sioux Indian Reservation; Prairie Island Sioux
Indian Reservation; Shakopee Mdewakanton Sioux Indian Reservation; Upper Sioux
Indian Reservation; International Falls Northern Range; Duluth Urban Indian Community;
and two representatives from the Minneapolis Urban Indian Community and two from the
St. Paul Urban Indian Community. The terms, compensation, and removal of American
Indian Advisory Council members shall be as provided in section
. The council
expires June 30, 2014
, or in accordance with section
3D.21 , whichever is later
Sec. 2. Minnesota Statutes 2012, section 254A.04, is amended to read:
51.20254A.04 CITIZENS ADVISORY COUNCIL.
There is hereby created an Alcohol and Other Drug Abuse Advisory Council to
advise the Department of Human Services concerning the problems of alcohol and
other drug dependency and abuse, composed of ten members. Five members shall be
individuals whose interests or training are in the field of alcohol dependency and abuse;
and five members whose interests or training are in the field of dependency and abuse of
drugs other than alcohol. The terms, compensation and removal of members shall be as
provided in section
. The council expires June 30, 2014
, or in accordance with
3D.21 , whichever is later
. The commissioner of human services shall appoint
members whose terms end in even-numbered years. The commissioner of health shall
appoint members whose terms end in odd-numbered years.
Sec. 3. Minnesota Statutes 2012, section 256B.093, subdivision 1, is amended to read:
Subdivision 1. State traumatic brain injury program.
The commissioner of
human services shall:
(1) maintain a statewide traumatic brain injury program;
(2) supervise and coordinate services and policies for persons with traumatic brain
(3) contract with qualified agencies or employ staff to provide statewide
administrative case management and consultation;
(4) maintain an advisory committee to provide recommendations in reports to the
commissioner regarding program and service needs of persons with brain injuries;
(5) investigate the need for the development of rules or statutes for the brain injury
home and community-based services waiver;
(6) investigate present and potential models of service coordination which can be
delivered at the local level; and
(7) the advisory committee required by clause (4) must consist of no fewer than ten
members and no more than 30 members. The commissioner shall appoint all advisory
committee members to one- or two-year terms and appoint one member as chair.
15.059, subdivision 5
, the advisory committee does not terminate
until June 30, 2014
, or in accordance with section
3D.21 , whichever is later
Sec. 4. Minnesota Statutes 2012, section 260.835, subdivision 2, is amended to read:
Subd. 2. Expiration.
15.059, subdivision 5
, the American
Indian Child Welfare Advisory Council expires June 30, 2014
, or in accordance with
3D.21 , whichever is later
Sec. 5. Laws 2012, chapter 278, article 1, section 5, is amended to read:
Sec. 5. COUNCIL ON BLACK MINNESOTANS.
The Office of the Legislative Auditor should conduct a financial audit of the
Council on Black Minnesotans by December 1, 2013. In its next report to the
52.25 Advisory Commission governor and legislature under Minnesota Statutes, section 3.9225,
, the Council on Black Minnesotans must respond to any issues raised in this
audit and to issues raised in previous audits.
Sec. 6. REVISOR'S INSTRUCTION.
52.29The revisor of statutes shall delete all references to "the Sunset Advisory
52.30Commission" wherever they appear in Minnesota Statutes, and shall make other changes
52.31as necessary in Minnesota Statutes as a result of the enactment of this article.
Sec. 7. REPEALER.
53.1(a) Minnesota Statutes 2012, sections 3D.01; 3D.02; 3D.03; 3D.04; 3D.045; 3D.05;
53.23D.06; 3D.065; 3D.07; 3D.08; 3D.09; 3D.10; 3D.11; 3D.12; 3D.13; 3D.14; 3D.15; 3D.16;
53.33D.17; 3D.18; 3D.19; 3D.20; and 3D.21, subdivisions 2, 3, 4, 5, 6, 7, and 8, are repealed.
53.4(b) Laws 2012, chapter 278, article 1, section 6, is repealed.
Sec. 8. EFFECTIVE DATE.
53.6Sections 1 to 7 are effective the day following final enactment.