SF 2

2nd Engrossment - 92nd Legislature, 2021 1st Special Session (2021 - 2021) Posted on 06/30/2021 08:57pm

A bill for an act
relating to state government operation; appropriating money for certain
constitutional offices, legislature, certain state agencies, offices, departments,
boards, commissions, certain retirement accounts, general contingent accounts,
tort claims, state lottery, Minnesota Historical Society, Minnesota Humanities
Center, and military and veterans affairs; canceling certain fiscal year
appropriations; making changes to policy provisions in state government operations;
changing military and veterans affairs policy provisions; modifying election policy
provisions; establishing provisions for federal funds; amending Minnesota Statutes
2020, sections 10.578; 14.389, subdivision 5; 15.057, as amended; 16A.06, by
adding a subdivision; 16B.24, by adding a subdivision; 138.38; 155A.23,
subdivision 16; 190.07; 197.791, subdivisions 4, 5, 5a, 5b; 198.006; 198.03,
subdivision 2; 201.071, subdivision 2; 201.121, subdivision 3; 203B.08,
subdivisions 1, 3; 203B.121, subdivision 1; 204B.14, subdivision 3; 204B.16,
subdivision 1; 204B.18, subdivision 1; 204B.40; 204C.13, subdivision 3; 204C.35,
subdivision 3, by adding a subdivision; 240.01, subdivision 18; 240.06, subdivision
7; 240.11; 240.131, subdivision 7; 240.24, subdivisions 2a, 3; 240.30, subdivision
5; 270C.21; 477A.03, subdivision 2b; 609.095; 645.071; Laws 2019, First Special
Session chapter 10, article 1, section 40; Laws 2020, chapter 77, section 3,
subdivision 6; Laws 2020, Fifth Special Session chapter 3, article 9, section 13;
proposing coding for new law in Minnesota Statutes, chapters 3; 10; 16A; 43A;
196; 198; 203B; 609.

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

ARTICLE 1

APPROPRIATIONS

Section 1. new text begin STATE GOVERNMENT APPROPRIATIONS. new text end

new text begin The sums shown in the columns marked "Appropriations" are appropriated to the agencies
and for the purposes specified in this article. The appropriations are from the general fund,
or another named fund, and are available for the fiscal years indicated for each purpose.
The figures "2022" and "2023" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2022, or June 30, 2023, respectively.
"The first year" is fiscal year 2022. "The second year" is fiscal year 2023. "The biennium"
is fiscal years 2022 and 2023.
new text end

			new text begin APPROPRIATIONS new text end
			new text begin Available for the Year new text end
			new text begin Ending June 30 new text end
				new text begin 2022 new text end		new text begin 2023 new text end

Sec. 2. new text begin LEGISLATURE new text end

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

new text begin $ new text end

new text begin 98,819,000 new text end

new text begin $ new text end

new text begin 99,738,000 new text end

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

new text begin Subd. 2. new text end new text begin Senate new text end

new text begin 37,430,000 new text end

new text begin 37,545,000 new text end

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

new text begin 39,932,000 new text end

new text begin 40,431,000 new text end

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

new text begin 21,457,000 new text end

new text begin 21,762,000 new text end

new text begin The base for this appropriation in fiscal year
2024 and each year thereafter is $21,737,000.
new text end

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

new text begin new text begin Legislative Auditor. new text end $7,689,000 the first year
and $7,817,000 the second year are for the
Office of the Legislative Auditor.
new text end

new text begin The legislative auditor may use any unspent
amounts appropriated under Laws 2017, First
Special Session chapter 6, article 18, section
2, subdivision 3, paragraph (b), and
subdivision 5, paragraph (b); and Laws 2019,
First Special Session chapter 9, article 14,
section 2, subdivision 3, paragraphs (i) and
(j), to conduct audits required by Minnesota
Statutes, section 3.972, subdivision 2a, in
fiscal years 2022 and 2023.
new text end

new text begin new text begin Revisor of Statutes. new text end $7,298,000 the first year
and $7,419,000 the second year are for the
Office of the Revisor of Statutes.
new text end

new text begin new text begin Legislative Reference Library. new text end $1,793,000
the first year and $1,822,000 the second year
are for the Legislative Reference Library.
new text end

new text begin new text begin Legislative Budget Office. new text end $1,536,000 the
first year and $1,570,000 the second year are
for the Legislative Budget Office.
new text end

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

new text begin $ new text end

new text begin 3,622,000 new text end

new text begin $ new text end

new text begin 3,622,000 new text end

new text begin (a) This appropriation is to fund the Office of
the Governor and Lieutenant Governor.
new text end

new text begin (b) $19,000 each year is for necessary
expenses in the normal performance of the
governor's and lieutenant governor's duties for
which no other reimbursement is provided.
new text end

new text begin (c) By September 1 of each year, the
commissioner of management and budget shall
report to the chairs and ranking minority
members of the legislative committees with
jurisdiction over state government finance any
personnel costs incurred by the Offices of the
Governor and Lieutenant Governor that were
supported by appropriations to other agencies
during the previous fiscal year. The Office of
the Governor shall inform the chairs and
ranking minority members of the committees
before initiating any interagency agreements.
new text end

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

new text begin $ new text end

new text begin 11,955,000 new text end

new text begin $ new text end

new text begin 12,051,000 new text end

new text begin The base for this appropriation in fiscal year
2024 is $12,061,000. The base for this
appropriation in fiscal year 2025 and each year
thereafter is $12,067,000.
new text end

new text begin Of these amounts, $743,000 the first year and
$744,000 the second year are for a school
finance accountability team in the audit
practice division to allow for the audits of
school districts that have volunteered with and
been selected by the state auditor to have their
annual audit performed by the state auditor at
no cost to the district. The state auditor must
establish a selection process. Notwithstanding
Minnesota Statutes, section 6.56, the state
auditor may not bill a school district for any
work conducted by the school finance
accountability team prior to July 1, 2025.
new text end

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

new text begin $ new text end

new text begin 31,614,000 new text end

new text begin $ new text end

new text begin 29,104,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2022 new text end	new text begin 2023 new text end
new text begin General new text end	new text begin 28,698,0000 new text end	new text begin 26,188,000 new text end
new text begin State Government Special Revenue new text end	new text begin 2,521,000 new text end	new text begin 2,521,000 new text end
new text begin Environmental new text end	new text begin 145,000 new text end	new text begin 145,000 new text end
new text begin Remediation new text end	new text begin 250,000 new text end	new text begin 250,000 new text end

Sec. 6. new text begin SECRETARY OF STATE new text end

new text begin $ new text end

new text begin 9,684,000 new text end

new text begin $ new text end

new text begin 9,152,000 new text end

new text begin $750,000 each year is for transfer to the voting
equipment grant account under Minnesota
Statutes, section 206.95.
new text end

new text begin $1,000,000 each year is for grants to local
units of government to implement the
provisions of Minnesota Statutes, section
203B.082.
new text end

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

new text begin $ new text end

new text begin 1,145,000 new text end

new text begin $ new text end

new text begin 1,167,000 new text end

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

new text begin $ new text end

new text begin 139,000 new text end

new text begin $ new text end

new text begin 139,000 new text end

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

new text begin $ new text end

new text begin 8,236,000 new text end

new text begin $ new text end

new text begin 8,240,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2022 new text end	new text begin 2023 new text end
new text begin General new text end	new text begin 405,000 new text end	new text begin 409,000 new text end
new text begin Workers' Compensation new text end	new text begin 7,831,000 new text end	new text begin 7,831,000 new text end

new text begin $268,000 the first year and $272,000 the
second year are for municipal boundary
adjustments.
new text end

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

new text begin $ new text end

new text begin 9,855,000 new text end

new text begin $ new text end

new text begin 9,882,000 new text end

new text begin (a) $2,100,000 the first year and $2,050,000
the second year are to implement
recommendations from the Governor's Blue
Ribbon Council on Information Technology,
established by Executive Order 19-02 and
re-established by Executive Order 20-77. The
base for this appropriation is $1,400,000 in
fiscal years 2024 and 2025.
new text end

new text begin (b) The commissioner of management and
budget is authorized to provide cash flow
assistance of up to $50,000,000 from the
special revenue fund or other statutory general
funds as defined in Minnesota Statutes, section
16A.671, subdivision 3, paragraph (a), to the
Office of MN.IT Services for the purpose of
managing revenue and expenditure
differences. These funds shall be repaid with
interest by the end of the fiscal year 2023
closing period.
new text end

new text begin (c) During the biennium ending June 30, 2023,
the Office of MN.IT Services must not charge
fees to a public noncommercial educational
television broadcast station eligible for funding
under Minnesota Statutes, chapter 129D, for
access to the state broadcast infrastructure. If
the access fees not charged to public
noncommercial educational television
broadcast stations total more than $400,000
for the biennium, the office may charge for
access fees in excess of these amounts.
new text end

Sec. 11. new text begin ADMINISTRATION new text end

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

new text begin $ new text end

new text begin 26,285,000 new text end

new text begin $ new text end

new text begin 26,511,000 new text end

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

new text begin Subd. 2. new text end new text begin Government and Citizen Services new text end

new text begin 10,652,000 new text end

new text begin 10,834,000 new text end

new text begin new text begin Council on Developmental Disabilities. new text end
$222,000 each year is for the Council on
Developmental Disabilities.
new text end

new text begin new text begin State Agency Accommodation
Reimbursement. new text end $200,000 the first year and
$200,000 the second year may be transferred
to the accommodation account established in
Minnesota Statutes, section 16B.4805.
new text end

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

new text begin 2,174,000 new text end

new text begin 2,218,000 new text end

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

new text begin 13,459,000 new text end

new text begin 13,459,000 new text end

new text begin The appropriations under this section are to
the commissioner of administration for the
purposes specified.
new text end

new text begin In Lieu of Rent. new text end new text begin $10,515,000 each year is for
space costs of the legislature and veterans
organizations, ceremonial space, and
statutorily free space.
new text end

new text begin new text begin Public Television. new text end (a) $1,550,000 each year
is for matching grants for public television.
new text end

new text begin (b) $250,000 each year is for public television
equipment grants under Minnesota Statutes,
section 129D.13.
new text end

new text begin (c) The commissioner of administration must
consider the recommendations of the
Minnesota Public Television Association
before allocating the amounts appropriated in
paragraphs (a) and (b) for equipment or
matching grants.
new text end

new text begin new text begin Public Radio. new text end (a) $492,000 each year is for
community service grants to public
educational radio stations. This appropriation
may be used to disseminate emergency
information in foreign languages.
new text end

new text begin (b) $142,000 each year is for equipment grants
to public educational radio stations. This
appropriation may be used for the repair,
rental, and purchase of equipment including
equipment under $500.
new text end

new text begin (c) $510,000 each year is for equipment grants
to Minnesota Public Radio, Inc., including
upgrades to Minnesota's Emergency Alert and
AMBER Alert Systems.
new text end

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

new text begin (e) The commissioner of administration must
consider the recommendations of the
Association of Minnesota Public Educational
Radio Stations before awarding grants under
Minnesota Statutes, section 129D.14, using
the appropriations in paragraphs (a) and (b).
No grantee is eligible for a grant unless they
are a member of the Association of Minnesota
Public Educational Radio Stations on or before
July 1, 2021.
new text end

new text begin (f) Any unencumbered balance remaining the
first year for grants to public television or
public radio stations does not cancel and is
available for the second year.
new text end

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

new text begin $ new text end

new text begin 386,000 new text end

new text begin $ new text end

new text begin 365,000 new text end

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

new text begin $ new text end

new text begin 29,270,000 new text end

new text begin $ new text end

new text begin 29,691,000 new text end

Sec. 14. new text begin REVENUE new text end

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

new text begin $ new text end

new text begin 174,647,000 new text end

new text begin $ new text end

new text begin 177,569,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2022 new text end	new text begin 2023 new text end
new text begin General new text end	new text begin 170,387,000 new text end	new text begin 173,309,000 new text end
new text begin Health Care Access new text end	new text begin 1,760,000 new text end	new text begin 1,760,000 new text end
new text begin Highway User Tax Distribution new text end	new text begin 2,195,000 new text end	new text begin 2,195,000 new text end
new text begin Environmental new text end	new text begin 305,000 new text end	new text begin 305,000 new text end

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

new text begin 144,774,000 new text end

new text begin 147,179,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2022 new text end	new text begin 2023 new text end
new text begin General new text end	new text begin 140,514,000 new text end	new text begin 142,919,000 new text end
new text begin Health Care Access new text end	new text begin 1,760,000 new text end	new text begin 1,760,000 new text end
new text begin Highway User Tax Distribution new text end	new text begin 2,195,000 new text end	new text begin 2,195,000 new text end
new text begin Environmental new text end	new text begin 305,000 new text end	new text begin 305,000 new text end

new text begin new text begin Taxpayer Assistance. new text end (a) $700,000 the first
year and $750,000 the second year are for the
commissioner of revenue to make grants to
one or more eligible organizations, qualifying
under section 7526A(e)(2)(B) of the Internal
Revenue Code of 1986, to coordinate,
facilitate, encourage, and aid in the provision
of taxpayer assistance services. The
unencumbered balance in the first year does
not cancel but is available for the second year.
new text end

new text begin (b) For purposes of this section, "taxpayer
assistance services" means accounting and tax
preparation services provided by volunteers
to low-income, elderly, and disadvantaged
Minnesota residents to help them file federal
and state income tax returns and Minnesota
property tax refund claims and to provide
personal representation before the Department
of Revenue and Internal Revenue Service.
new text end

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

new text begin 29,873,000 new text end

new text begin 30,390,000 new text end

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

new text begin $ new text end

new text begin 5,728,000 new text end

new text begin $ new text end

new text begin 5,123,000 new text end

new text begin These appropriations are from the lawful
gambling regulation account in the special
revenue fund. The base for this appropriation
in fiscal year 2024 is $5,093,000. The base for
this appropriation in fiscal year 2025 and each
year thereafter is $4,923,000.
new text end

new text begin $865,000 the first year and $260,000 the
second year are to create an information
system and to update the board's website. The
base for this appropriation in fiscal year 2024
is $230,000. The base for this appropriation
in fiscal year 2025 and each year thereafter is
$60,000.
new text end

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

new text begin $ new text end

new text begin 913,000 new text end

new text begin $ new text end

new text begin 913,000 new text end

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

Sec. 17. new text begin STATE LOTTERY new text end

new text begin Notwithstanding Minnesota Statutes, section
349A.10, subdivision 3, the State Lottery's
operating budget must not exceed $36,500,000
in fiscal year 2022 and $36,500,000 in fiscal
year 2023.
new text end

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

new text begin $ new text end

new text begin 311,000 new text end

new text begin $ new text end

new text begin 317,000 new text end

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

new text begin $ new text end

new text begin 544,000 new text end

new text begin $ new text end

new text begin 552,000 new text end

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

new text begin $ new text end

new text begin 534,000 new text end

new text begin $ new text end

new text begin 544,000 new text end

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

new text begin $ new text end

new text begin 525,000 new text end

new text begin $ new text end

new text begin 534,000 new text end

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

new text begin $ new text end

new text begin 855,000 new text end

new text begin $ new text end

new text begin 864,000 new text end

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

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

new text begin $ new text end

new text begin 23,968,000 new text end

new text begin $ new text end

new text begin 23,918,000 new text end

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

new text begin Subd. 2. new text end new text begin Operations and Programs new text end

new text begin 23,397,000 new text end

new text begin 23,597,000 new text end

new text begin Notwithstanding Minnesota Statutes, section
138.668, the Minnesota Historical Society may
not charge a fee for its general tours at the
Capitol, but may charge fees for special
programs other than general tours.
new text end

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

new text begin (a) Global Minnesota new text end

new text begin 39,000 new text end

new text begin 39,000 new text end

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

new text begin 17,000 new text end

new text begin 17,000 new text end

new text begin (c) Hockey Hall of Fame new text end

new text begin 100,000 new text end

new text begin 100,000 new text end

new text begin (d) Farmamerica new text end

new text begin 365,000 new text end

new text begin 115,000 new text end

new text begin $250,000 the first year is for site
improvements, including classroom, upgrades,
visitor center remodeling, and expanded
agricultural literacy programming.
new text end

new text begin (e) Minnesota Military Museum new text end

new text begin 50,000 new text end

new text begin 50,000 new text end

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

Sec. 24. new text begin BOARD OF THE ARTS new text end

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

new text begin $ new text end

new text begin 7,541,000 new text end

new text begin $ new text end

new text begin 7,541,000 new text end

new text begin The base for this appropriation in fiscal year
2024 and each year thereafter is $7,561,000.
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end new text begin Operations and Services new text end

new text begin 602,000 new text end

new text begin 602,000 new text end

new text begin The base for this appropriation in fiscal year
2024 and each year thereafter is $622,000.
new text end

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

new text begin 4,800,000 new text end

new text begin 4,800,000 new text end

new text begin Subd. 4. new text end new text begin Regional Arts Councils new text end

new text begin 2,139,000 new text end

new text begin 2,139,000 new text end

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

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

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

new text begin $ new text end

new text begin 700,000 new text end

new text begin $ new text end

new text begin 700,000 new text end

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

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

new text begin $ new text end

new text begin 688,000 new text end

new text begin $ new text end

new text begin 698,000 new text end

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

new text begin $ new text end

new text begin 863,000 new text end

new text begin $ new text end

new text begin 874,000 new text end

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

new text begin $ new text end

new text begin 2,923,000 new text end

new text begin $ new text end

new text begin 2,923,000 new text end

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

new text begin $ new text end

new text begin 348,000 new text end

new text begin $ new text end

new text begin 353,000 new text end

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

new text begin $ new text end

new text begin 1,000,000 new text end

new text begin $ new text end

new text begin 500,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2022 new text end	new text begin 2023 new text end
new text begin General new text end	new text begin 500,000 new text end	new text begin -0- new text end
new text begin State Government Special Revenue new text end	new text begin 400,000 new text end	new text begin 400,000 new text end
new text begin Workers' Compensation new text end	new text begin 100,000 new text end	new text begin 100,000 new text end

new text begin (a) The appropriations in this section may only
be spent with the approval of the governor
after consultation with the Legislative
Advisory Commission pursuant to Minnesota
Statutes, section 3.30.
new text end

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

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

Sec. 31. new text begin TORT CLAIMS new text end

new text begin $ new text end

new text begin 161,000 new text end

new text begin $ new text end

new text begin 161,000 new text end

new text begin These appropriations are to be spent by the
commissioner of management and budget
according to Minnesota Statutes, section
3.736, subdivision 7. If the appropriation for
either year is insufficient, the appropriation
for the other year is available for it.
new text end

Sec. 32. new text begin MINNESOTA STATE RETIREMENT SYSTEM new text end

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

new text begin $ new text end

new text begin 14,886,000 new text end

new text begin $ new text end

new text begin 14,878,000 new text end

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

new text begin Subd. 2. new text end new text begin Combined Legislators and Constitutional Officers Retirement Plan new text end

new text begin 8,886,000 new text end

new text begin 8,878,000 new text end

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

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

new text begin Subd. 3. new text end new text begin Judges Retirement Plan new text end

new text begin 6,000,000 new text end

new text begin 6,000,000 new text end

new text begin For transfer to the judges retirement fund
under Minnesota Statutes, section 490.123.
This transfer continues each fiscal year until
the judges retirement plan reaches 100 percent
funding as determined by an actuarial
valuation prepared according to Minnesota
Statutes, section 356.214.
new text end

Sec. 33. new text begin PUBLIC EMPLOYEES RETIREMENT ASSOCIATION new text end

new text begin $ new text end

new text begin 25,000,000 new text end

new text begin $ new text end

new text begin 25,000,000 new text end

new text begin (a) $9,000,000 in each year is for direct state
aid to the public employees police and fire
retirement plan authorized under Minnesota
Statutes, section 353.65, subdivision 3b.
new text end

new text begin (b) State payments from the general fund to
the Public Employees Retirement Association
on behalf of the former MERF division
account are $16,000,000 on September 15,
2021, and $16,000,000 on September 15,
2022. These amounts are estimated to be
needed under Minnesota Statutes, section
353.505.
new text end

Sec. 34. new text begin TEACHERS RETIREMENT ASSOCIATION new text end

new text begin $ new text end

new text begin 29,831,000 new text end

new text begin $ new text end

new text begin 29,831,000 new text end

new text begin The amounts estimated to be needed are as
follows:
new text end

new text begin Special Direct State Aid. $27,331,000 each
year is for special direct state aid authorized
under Minnesota Statutes, section 354.436.
new text end

new text begin Special Direct State Matching Aid.
$2,500,000 each year is for special direct state
matching aid authorized under Minnesota
Statutes, section 354.435.
new text end

Sec. 35. new text begin ST. PAUL TEACHERS RETIREMENT FUND new text end

new text begin $ new text end

new text begin 14,827,000 new text end

new text begin $ new text end

new text begin 14,827,000 new text end

new text begin The amounts estimated to be needed for
special direct state aid to the first class city
teachers retirement fund association authorized
under Minnesota Statutes, section 354A.12,
subdivisions 3a and 3c.
new text end

Sec. 36. new text begin MILITARY AFFAIRS new text end

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

new text begin $ new text end

new text begin 24,393,000 new text end

new text begin $ new text end

new text begin 24,589,000 new text end

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

new text begin Subd. 2. new text end new text begin Maintenance of Training Facilities new text end

new text begin 9,772,000 new text end

new text begin 9,842,000 new text end

new text begin Subd. 3. new text end new text begin General Support new text end

new text begin 3,507,000 new text end

new text begin 3,633,000 new text end

new text begin Subd. 4. new text end new text begin Enlistment Incentives new text end

new text begin 11,114,000 new text end

new text begin 11,114,000 new text end

new text begin The appropriations in this subdivision are
available until June 30, 2025, except that any
unspent amounts allocated to a program
otherwise supported by this appropriation are
canceled to the general fund upon receipt of
federal funds in the same amount to support
administration of that program.
new text end

new text begin If the amount for fiscal year 2022 is
insufficient, the amount for 2023 is available
in fiscal year 2022.
new text end

Sec. 37. new text begin VETERANS AFFAIRS new text end

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

new text begin $ new text end

new text begin 89,530,000 new text end

new text begin $ new text end

new text begin 93,186,000 new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions. The base for this appropriation
in fiscal year 2024 and each year thereafter is
$90,185,000.
new text end

new text begin Subd. 2. new text end new text begin Veterans Programs and Services new text end

new text begin 27,073,000 new text end

new text begin 22,153,000 new text end

new text begin (a) CORE Program. $750,000 each year is
for the Counseling and Case Management
Outreach Referral and Education (CORE)
program.
new text end

new text begin (b) Veterans Service Organizations.
$353,000 each year is for grants to the
following congressionally chartered veterans
service organizations as designated by the
commissioner: Disabled American Veterans,
Military Order of the Purple Heart, the
American Legion, Veterans of Foreign Wars,
Vietnam Veterans of America, AMVETS, and
Paralyzed Veterans of America. This funding
must be allocated in direct proportion to the
funding currently being provided by the
commissioner to these organizations.
new text end

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

new text begin (1) utilities;
new text end

new text begin (2) employment; and
new text end

new text begin (3) legal issues.
new text end

new text begin The assistance authorized under this paragraph
must be made only to veterans who have
resided in Minnesota for 30 days prior to
application for assistance and according to
other guidelines established by the
commissioner. In order to avoid duplication
of services, the commissioner must ensure that
this assistance is coordinated with all other
available programs for veterans.
new text end

new text begin (d) State's Veterans Cemeteries. $6,172,000
the first year and $1,672,000 the second year
are for the state's veterans cemeteries. Of these
amounts, $4,500,000 the first year is to
construct and equip the new veterans cemetery
in Redwood Falls.
new text end

new text begin (e) Honor Guards. $200,000 each year is for
compensation for honor guards at the funerals
of veterans under Minnesota Statutes, section
197.231.
new text end

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

new text begin (g) Gold Star Program. $100,000 each year
is for administering the Gold Star Program for
surviving family members of deceased
veterans.
new text end

new text begin (h) County Veterans Service Office.
$1,100,000 each year is for funding the
County Veterans Service Office grant program
under Minnesota Statutes, section 197.608.
new text end

new text begin (i) Veteran Homelessness Initiative.
$3,165,000 each year is for an initiative to
prevent and end veteran homelessness. The
commissioner of veterans affairs may provide
housing vouchers and other services to
alleviate homelessness among veterans and
former service members in Minnesota. The
commissioner may contract for program
administration and may establish a vacancy
reserve fund. The base for this appropriation
in fiscal year 2024 and each year thereafter is
$1,311,000.
new text end

new text begin (j) Camp Bliss. $75,000 each year is for a
grant to Independent Lifestyles, Inc. for
expenses related to retreats for veterans at
Camp Bliss in Walker, Minnesota, including
therapy, transportation, and activities
customized for veterans.
new text end

new text begin (k) Veterans On The Lake. $50,000 in the
first year is for a grant to Veterans on the Lake
for expenses related to retreats for veterans,
including therapy, transportation, and activities
customized for veterans.
new text end

new text begin (l) Veterans Resilience Project. $400,000
each year is for a grant to the veterans
resilience project. Grant funds must be used
to make eye movement desensitization and
reprocessing therapy available to veterans and
current military service members who are
suffering from posttraumatic stress disorder
and trauma. The base for this appropriation in
fiscal year 2024 and each year thereafter is
$200,000.
new text end

new text begin The veterans resilience project must report to
the commissioner of veterans affairs and the
chairs and ranking minority members of the
legislative committees with jurisdiction over
veterans affairs policy and finance by January
15 of each year on the program. The report
must include an overview of the program's
budget, a detailed explanation of program
expenditures, the number of veterans and
service members served by the program, and
a list and explanation of the services provided
to program participants.
new text end

new text begin (m) 9/11 Task Force. $500,000 the first year
is for the Advisory Task Force on 9/11 and
Global War on Terrorism Remembrance. The
task force must collect, memorialize, and
publish stories of Minnesotans' service in the
Global War on Terrorism and impacts on their
dependents. The task force must host a
remembrance program in September 2021.
This is a onetime appropriation.
new text end

new text begin Subd. 3. new text end new text begin Veterans Health Care new text end

new text begin 62,457,000 new text end

new text begin 71,033,000 new text end

new text begin The base for this appropriation in fiscal year
2024 and each year thereafter is $70,086,000.
new text end

new text begin (a) $61,457,000 the first year and $70,383,000
the second year may be transferred to a
veterans homes special revenue account in the
special revenue fund in the same manner as
other receipts are deposited according to
Minnesota Statutes, section 198.34, and are
appropriated to the commissioner of veterans
affairs for the operation of veterans homes
facilities and programs. The base for this
transfer in fiscal year 2024 and each year
thereafter is $69,536,000.
new text end

new text begin Of the amounts transferred under this
paragraph, $337,000 the first year and
$8,347,000 the second year are for the
operation of the new veterans homes in
Bemidji, Montevideo, and Preston.
new text end

new text begin The department shall seek opportunities to
maximize federal reimbursements of
Medicare-eligible expenses and provide annual
reports to the commissioner of management
and budget on the federal Medicare
reimbursements received. Contingent upon
future federal Medicare receipts, reductions
to the homes' general fund appropriation may
be made.
new text end

new text begin (b) $1,000,000 the first year and $650,000 the
second year are to address the problem of
death by suicide among veterans in Minnesota.
The commissioner of veterans affairs may use
funds for personnel, training, research,
marketing, and professional or technical
contracts. The base for this appropriation in
fiscal year 2024 and each year thereafter is
$550,000.
new text end

Sec. 38. new text begin CANCELLATIONS; FISCAL YEAR 2021.
new text end

new text begin (a) $379,000 of the fiscal year 2021 general fund appropriation under Laws 2019, First
Special Session chapter 10, article 1, section 10, is canceled.
new text end

new text begin (b) $300,000 of the fiscal year 2021 general fund appropriation under Laws 2019, First
Special Session chapter 10, article 1, section 11, subdivision 1, is canceled. This amount is
from the fiscal year 2021 appropriation for government and citizen services.
new text end

new text begin (c) $1,367,000 of the fiscal year 2021 general fund appropriation under Laws 2019, First
Special Session chapter 10, article 1, section 13, is canceled.
new text end

new text begin (d) $8,274,000 of the fiscal year 2021 general fund appropriation under Laws 2019, First
Special Session chapter 10, article 1, section 14, subdivision 1, is canceled. Of this amount,
$7,305,000 is from the fiscal year 2021 appropriation for tax system management and
$969,000 is from the fiscal year 2021 appropriation for debt collection management.
new text end

new text begin (e) $86,000 of the fiscal year 2021 general fund appropriation for moving and relocation
expenses under Laws 2019, First Special Session chapter 10, article 1, section 24, subdivision
2, as amended by Laws 2020, chapter 104, article 2, section 4, is canceled.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 39. new text begin CANCELLATIONS; ITA ACCOUNT.
new text end

new text begin (a) $179,000 from the information and telecommunications technology systems and
services account established under Minnesota Statutes, section 16E.21, is canceled to the
general fund.
new text end

new text begin (b) $14,000 from the information and telecommunications technology systems and
services account established under Minnesota Statutes, section 16E.21, is canceled to the
workers' compensation fund.
new text end

new text begin (c) $5,000 from the information and telecommunications technology systems and services
account established under Minnesota Statutes, section 16E.21, is canceled to the state
government special revenue fund.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 40. new text begin CANCELLATION; DATA SECURITY ACCOUNT.
new text end

new text begin On July 1, 2023, $1,200,000 from the data security account established under Minnesota
Statutes, section 3.9741, subdivision 5, is canceled to the general fund.
new text end

Sec. 41. new text begin HELP AMERICA VOTE ACT ACCOUNT; LOCAL GOVERNMENT
GRANTS.
new text end

new text begin $3,000,000 of the total amount appropriated to the secretary of state by Laws 2019, First
Special Session chapter 10, article 1, section 40, and Laws 2020, chapter 77, section 3, must
be distributed as grants to political subdivisions for activities authorized by those laws.
new text end

Sec. 42.

Laws 2019, First Special Session chapter 10, article 1, section 40, is amended to
read:

Sec. 40. HELP AMERICA VOTE ACT TRANSFERS AND APPROPRIATIONS;
SECRETARY OF STATE.

(a) $6,595,610 is appropriated in fiscal year 2019 from the HAVA account established
in Minnesota Statutes, section 5.30, to the secretary of state for the purposes of improving
the administration and security of elections as authorized by federal law. Use of the
appropriation is limited to the following activities:

(1) modernizing, securing, and updating the statewide voter registration system and for
cybersecurity upgrades as authorized by federal law;

(2) improving accessibility;

(3) preparing training materials and training local election officials; and

(4) implementing security improvements for election systems.

(b) Any amount earned in interest on the amount appropriated under paragraph (a) is
appropriated from the HAVA account to the secretary of state for purposes of improving
the administration and security of elections as authorized by federal law.

(c) The appropriations under paragraphs (a) and (b) are onetime and available until
March 23, deleted text begin 2023 deleted text end new text begin 2027 new text end .

(d) $167,000 expended by the secretary of state in fiscal years 2018 and 2019 for
increasing secure access to the statewide voter registration system is deemed:

(1) to be money used for carrying out the purposes authorized under the Omnibus
Appropriations Act of 2018, Public Law 115-1410, and the Help America Vote Act of 2002,
Public Law 107-252, section 101; and

(2) to be credited toward any match required by those laws.

Sec. 43.

Laws 2020, chapter 77, section 3, subdivision 6, is amended to read:

Subd. 6.

Availability of appropriations.

The appropriations provided in this section
are onetime and available until December 21, deleted text begin 2024 deleted text end new text begin 2028 new text end .

ARTICLE 2

STATE GOVERNMENT OPERATIONS

Section 1.

new text begin [3.888] LEGISLATIVE COMMISSION ON CYBERSECURITY.
new text end

new text begin Subdivision 1. new text end

new text begin Membership. new text end

new text begin The Legislative Commission on Cybersecurity consists
of the following eight members:
new text end

new text begin (1) four senators, including two senators appointed by the senate majority leader and
two senators appointed by the senate minority leader; and
new text end

new text begin (2) four members of the house of representatives, including two members appointed by
the speaker of the house and two members appointed by the minority leader of the house.
new text end

new text begin Subd. 2. new text end

new text begin Terms; vacancies. new text end

new text begin Members of the commission serve for a two-year term
beginning on appointment and expiring on appointment of a successor after the opening of
the next regular session of the legislature in the odd-numbered year. A vacancy in the
membership of the commission must be filled for the unexpired term in a manner that will
preserve the representation established by this section.
new text end

new text begin Subd. 3. new text end

new text begin Duties. new text end

new text begin The commission shall provide oversight of the state's cybersecurity
measures. The commission shall review the policies and practices of state agencies with
regard to cybersecurity and may recommend changes in policy to adequately protect the
state from cybersecurity threats. The commission may develop recommendations and draft
legislation to support and strengthen the state's cybersecurity infrastructure.
new text end

new text begin Subd. 4. new text end

new text begin Chair. new text end

new text begin The commission shall elect a chair by a majority vote of members
present. If the commission is unable to elect a chair by a majority vote at its first meeting
of a biennium, the ranking member of the majority party shall serve as chair. The officers
shall alternate between a member of the senate and a member of the house of representatives.
A chair shall serve a two-year term expiring upon election of a new chair after the opening
of the next regular session of the legislature in the odd-numbered year.
new text end

new text begin Subd. 5. new text end

new text begin Meetings. new text end

new text begin The commission must meet at least three times per calendar year.
The meetings of the commission are subject to section 3.055, except that the commission
may close a meeting when necessary to safeguard the state's cybersecurity. The minutes,
recordings, and documents from a closed meeting under this subdivision shall be maintained
by the Legislative Coordinating Commission and shall not be made available to the public
until eight years after the date of the meeting.
new text end

new text begin Subd. 6. new text end

new text begin Administration. new text end

new text begin The Legislative Coordinating Commission shall provide
administrative services for the commission.
new text end

new text begin Subd. 7. new text end

new text begin Expiration. new text end

new text begin The commission expires December 31, 2028.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 2.

new text begin [10.551] INDIA DAY.
new text end

new text begin (a) August 15 of each year is designated India Day to commemorate and celebrate the
diverse culture, heritage, traditions, and contributions of Minnesotans of Indian ancestry.
new text end

new text begin (b) The diverse culture, traditions, and values of this community have contributed to the
vitality of Minnesota. Each year, the governor shall issue a proclamation honoring the
observance of India Day and shall encourage Minnesotans to take the opportunity to learn
about and appreciate the community and its contributions.
new text end

Sec. 3.

Minnesota Statutes 2020, section 14.389, subdivision 5, is amended to read:

Subd. 5.

Option.

A law authorizing or requiring rules to be adopted under this section
may refer specifically to this subdivision. If the law contains a specific reference to this
subdivision, as opposed to a general reference to this section:

(1) the notice required in subdivision 2 must include a statement that a public hearing
will be held if deleted text begin 100 deleted text end new text begin 50 new text end or more people request a hearing. The request must be in the manner
specified in section 14.25; and

(2) if deleted text begin 100 deleted text end new text begin 50 new text end or more people submit a written request for a public hearing, the agency
may adopt the rule only after complying with all of the requirements of chapter 14 for rules
adopted after a public hearing.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2021, and applies to rules proposed
on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2020, section 16A.06, is amended by adding a subdivision to
read:

new text begin Subd. 12. new text end

new text begin Audit of state's use of federal funds. new text end

new text begin The commissioner shall contract with
a qualified auditor to conduct the annual audit required by the Single Audit Act of 1984,
Public Law 98-502; the Single Audit Act Amendments of 1996, Public Law 104-156; and
Code of Federal Regulations, title 2, part 200, Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards (Uniform Guidance). The cost of
the audit shall be billed to the agencies audited during the subsequent fiscal year. Amounts
paid by state agencies shall be deposited in the general fund.
new text end

Sec. 5.

new text begin [16A.401] VIRTUAL PAYMENTS AUTHORIZED.
new text end

new text begin Subdivision 1. new text end

new text begin Virtual payments. new text end

new text begin The commissioner may establish a program to issue
virtual payments from the state treasury. Any rebate to the state generated by the program
must be deposited in the general fund unless retained under subdivision 3.
new text end

new text begin Subd. 2. new text end

new text begin Rebates. new text end

new text begin Notwithstanding subdivision 1, rebates attributable to expenditures
in funds established in the state constitution or protected by federal law must be returned
to the account from which the expenditure originated.
new text end

new text begin Subd. 3. new text end

new text begin Rebates retained. new text end

new text begin The commissioner may retain a portion of rebates for the
administration of this section. Money retained under this subdivision must be deposited in
an account in the special revenue fund and is appropriated to the commissioner for the
purposes of this section.
new text end

Sec. 6.

Minnesota Statutes 2020, section 16B.24, is amended by adding a subdivision to
read:

new text begin Subd. 13. new text end

new text begin Electric vehicle charging. new text end

new text begin The commissioner shall require that a user of a
charging station located on the State Capitol complex used to charge a private electric
vehicle pay an electric service fee. The commissioner shall set the electric service fee rate
to cover electricity costs for charging an electric vehicle and for the administrative costs
associated with providing electric charging stations.
new text end

Sec. 7.

new text begin [43A.231] PROCUREMENT OF A PHARMACY BENEFIT MANAGER
AND A PLATFORM TECHNOLOGY VENDOR.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "Market check" means a technology-driven evaluation of prescription drug pricing
based on benchmarks derived from reverse auction processes conducted in the United States
over the immediately preceding 12 months.
new text end

new text begin (c) "Pharmacy benefit management services" means:
new text end

new text begin (1) the procurement of prescription drugs at a negotiated rate for dispensation within
the State Employees Group Insurance Program (SEGIP) to enrollees;
new text end

new text begin (2) the administration and management of the prescription drug benefit under SEGIP;
and
new text end

new text begin (3) any services defined in section 62W.02, subdivisions 8, 12, and 15, paragraph (a).
new text end

new text begin (d) "Pharmacy benefit manager" has the meaning given in section 62W.02, subdivision
15, paragraph (a).
new text end

new text begin (e) "Price" means the projected cost of a bid for providing pharmacy benefit management
services over the duration of the contract.
new text end

new text begin (f) "Reverse auction" means an automated bidding process conducted online that starts
with an opening price and allows qualified bidders to counteroffer a lower price for multiple
rounds of bidding.
new text end

new text begin (g) "SEGIP" means the State Employees Group Insurance Program under sections 43A.22
to 43A.31.
new text end

new text begin Subd. 2. new text end

new text begin Purpose. new text end

new text begin The purpose of this section is to optimize prescription drug savings
in SEGIP through:
new text end

new text begin (1) contracting with a pharmacy benefit manager to manage and administer the
prescription drug benefit for SEGIP;
new text end

new text begin (2) the adoption of a reverse auction process for the selection of a pharmacy benefit
manager;
new text end

new text begin (3) providing a process for the electronic review and validation of pharmacy benefit
manager claims invoices for the purpose of reconciling pharmacy bills;
new text end

new text begin (4) market checks of the pharmacy benefit manager's prescription drug pricing; and
new text end

new text begin (5) limiting independent pharmacies from unsustainable reimbursement practices.
new text end

new text begin Subd. 3. new text end

new text begin Procurement of a pharmacy benefit manager. new text end

new text begin (a) Notwithstanding any law
to the contrary, the commissioner of management and budget shall procure a contract for
the services of a pharmacy benefit manager to administer the prescription drug benefit and
pharmacy benefit management services, effective January 1, 2023.
new text end

new text begin (b) For the contract effective January 1, 2023, the commissioner shall conduct a reverse
auction as described in this section to select the pharmacy benefit manager and use a reverse
auction for procurement of subsequent pharmacy benefit manager contracts as provided in
subdivision 5, paragraph (b).
new text end

new text begin (c) In consultation with the technology platform vendor selected under subdivision 4,
the commissioner shall specify the terms of a participant bidding agreement that all bidders
must accept as a prerequisite for participation in the reverse auction process, including:
new text end

new text begin (1) common definitions;
new text end

new text begin (2) prescription drug classifications;
new text end

new text begin (3) retail pricing rules, including maximum allowable cost price lists and dispensing
fees; and
new text end

new text begin (4) any other contract terms the commissioner deems necessary to further the purpose
of this section as specified under subdivision 2.
new text end

new text begin (d) A pharmacy benefit manager who submits a bid under this subdivision must provide
the commissioner access to complete pharmacy claims data necessary for the commissioner
to conduct the reverse auction and to carry out administrative and management duties.
new text end

new text begin (e) The terms of a contract entered into under this subdivision shall not be modified by
the pharmacy benefit manager except with the approval of the commissioner.
new text end

new text begin (f) The commissioner may structure the contract awarded under this subdivision to pay
the cost of the technology platform and the associated professional services contracted for
under this subdivision by assessing a fee per prescription to be paid directly by the pharmacy
benefit manager to the technology platform vendor.
new text end

new text begin (g) The commissioner must perform annual market checks on pharmacy benefit manager
services performed by the pharmacy benefit manager during the term of the contract. A
market check performed under this paragraph may include an evaluation of the effect of
alternative drug pricing metrics, such as the national average drug acquisition cost and
average wholesale price, on the cost of prescription drugs and savings to the state.
new text end

new text begin (h) The commissioner shall make regular, periodic payment of invoices within the time
periods specified in the contract based on the automated adjudication of invoiced claims
using the technology platform to validate that claims payments comply with the terms of
the contract.
new text end

new text begin (i) The joint labor-management committee on health plans shall assist in the process
through which the commissioner conducts the reverse auction, evaluation, and comparison
of the competing pharmacy benefit manager bids for award of the contract.
new text end

new text begin Subd. 4. new text end

new text begin Technology platform. new text end

new text begin (a) At least three months before the reverse auction
process is scheduled to be completed, the commissioner shall procure through a competitive
bidding process a contract with a professional services vendor for a technology platform
and any associated professional services necessary to operate the platform to:
new text end

new text begin (1) evaluate the qualifications of prospective pharmacy benefit manager bidders for the
pharmacy benefit manager procurement;
new text end

new text begin (2) automatically adjudicate prescription drug claims; and
new text end

new text begin (3) collect data on pharmacy reimbursement.
new text end

new text begin (b) The platform procured under paragraph (a) must have the following capabilities to
ensure optimal performance of the reverse auction and security of data:
new text end

new text begin (1) host and conduct an online automated reverse auction:
new text end

new text begin (i) using a software application and high-performance data infrastructure to intake,
cleanse, and normalize pharmacy benefit manager data; and
new text end

new text begin (ii) with development methods and information security standards that have been validated
by receiving Service Organization Control 2 (SOC 2) and National Institute of Standards
and Technology certification;
new text end

new text begin (2) automate repricing of diverse and complex pharmacy benefit manager prescription
drug pricing proposals to enable direct comparisons of the price of bids using all annual
claims data available for the program using code-based classification or prescription drugs
from nationally accepted drug sources;
new text end

new text begin (3) simultaneously evaluate, within six hours, diverse and complex multiple proposals
from full-service pharmacy benefit managers that shall include at least guaranteed net cost,
Average Wholesale Price and National Average Drug Acquisition Cost (NADAC) pricing
models, as well as proposals from pharmacy benefit administrators and specialty drug and
rebate carve-out services providers;
new text end

new text begin (4) produce an automated report and analysis of bids, including ranking of bids on the
comparative costs and qualitative aspects of the costs within six hours after the close of
each round of reverse auction bidding; and
new text end

new text begin (5) after the close of the reverse auction process, perform an electronic, line-by-line,
claim-by-claim review of all invoiced pharmacy benefit manager claims within six hours
of receipt that allows for an online comparison of pharmacy benefit manager invoices and
identifies all deviations from the specific terms of the services contract resulting from the
reverse auction.
new text end

new text begin (c) The commissioner may require additional capabilities or more rigorous standards
than those specified in paragraph (b).
new text end

new text begin (d) The commissioner shall not award the platform technology vendor contract under
this subdivision to:
new text end

new text begin (1) a pharmacy benefit manager;
new text end

new text begin (2) a subsidiary or affiliate of a pharmacy benefit manager; or
new text end

new text begin (3) a vendor who is managed by a pharmacy benefit manager or who receives, directly
or indirectly, remuneration from a pharmacy benefit manager for aggregating clients into
a contractual relationship with a pharmacy benefit manager.
new text end

new text begin (e) The vendor who is awarded the contract under this subdivision must not subcontract
any part of the reverse auction process or the review described under paragraph (b), clause
(5).
new text end

new text begin Subd. 5. new text end

new text begin Report; savings determination; process for selecting successor pharmacy
benefit manager. new text end

new text begin (a) The commissioner of management and budget, with the assistance of
an actuarial consultant, shall compare the following: (1) actual, electronically adjudicated
prescription drug costs under the first two years of the contract that begins on January 1,
2023, with a pharmacy benefit manager that was selected by the reverse auction; and (2) a
projection of what prescription drug costs would have been for those same two years under
the pharmacy benefit manager contract in effect from 2018 to 2022, with appropriate
adjustment for any adopted formulary or beneficiary utilization changes. The projection
must use industry-recognized data sources. The commissioner of management and budget
shall report the results of the comparison to the legislative auditor and to the chairs and
ranking minority members of the committees in the senate and house of representatives
with jurisdiction over state government finance and policy by March 1, 2025.
new text end

new text begin (b) The commissioner of management and budget must require the actuarial consultant
to take appropriate measures to ensure that the consultant's work is not compromised by a
conflict of interest.
new text end

new text begin (c) By April 1, 2025, the legislative auditor shall provide a report to the commissioner
of management and budget and to the chairs and ranking minority members of the committees
in the senate and house of representatives with jurisdiction over state government finance
and policy. The legislative auditor's report must make a determination as to whether the
commissioner's report accurately performs the comparison required under paragraph (a).
new text end

new text begin (d) The technology platform vendor shall provide to the commissioner of management
and budget and to the legislative auditor the electronically adjudicated prescription drug
data and any other support or assistance required by the commissioner of management and
budget to prepare a report and for the legislative auditor to validate the accuracy of the
commissioner's results of the comparison, by deadlines established by the commissioner of
management and budget and the legislative auditor. Individual-identifying data received
from the technology platform vendor is private data on individuals, as defined by section
13.02, subdivision 12.
new text end

new text begin (e) If the commissioner of management and budget determines that savings on
prescription drug costs were not achieved, based on the comparison required under paragraph
(a), with appropriate adjustment for any adopted formulary or beneficiary utilization changes,
the commissioner may forego the use of a reverse auction for procurement of a successor
pharmacy benefit manager contract. If the commissioner of management and budget
determines that savings have been achieved, the commissioner must select the successor
pharmacy benefit manager contract using the reverse auction process described in this
section. If the commissioner's comparison in paragraph (a) finds that savings are not achieved,
the commissioner's report under paragraph (a) must include the commissioner's findings
that support a determination that savings were not achieved, analysis of the factors that
caused a failure to achieve savings, and recommendations for how savings could be achieved
in the next contract with a pharmacy benefit manager.
new text end

new text begin Subd. 6. new text end

new text begin Data protections. new text end

new text begin The commissioner of management and budget may only
enter into an agreement with a technology platform vendor if the agreement provides privacy
protections for data collected and maintained by the technology platform vendor, including:
new text end

new text begin (1) procedures for the prevention of unauthorized access or use;
new text end

new text begin (2) a prohibition on the sale of data collected and maintained as provided in the
agreement; and
new text end

new text begin (3) a prohibition on dissemination of data unless authorized by state or federal law or
the agreement.
new text end

Sec. 8.

Minnesota Statutes 2020, section 138.38, is amended to read:

138.38 REPORTS OF STATE ARCHAEOLOGIST.

The state archaeologist shall consult with and keep the Indian Affairs Council deleted text begin and deleted text end new text begin , new text end the
director of the historical society new text begin , and the State Historic Preservation Office new text end informed as to
significant field archaeology, projected or in progress, and as to significant discoveries
made. Annually, and also upon leaving office, the state archaeologist shall file with the
commissioner a full report of the office's activities including a summary of the activities of
licensees, from the date of the last full report of the state archaeologist. Copies of the report
must be sent upon completion to the Minnesota Historical Society deleted text begin and deleted text end new text begin , new text end the Indian Affairs
Council, new text begin and the State Historic Preservation Office, new text end and made available to other interested
parties.

Sec. 9.

Minnesota Statutes 2020, section 155A.23, subdivision 16, is amended to read:

Subd. 16.

School manager.

A "school manager" is deleted text begin a cosmetologist who is deleted text end a salon
manager deleted text begin and deleted text end who has a school manager license. A school manager must maintain an active
salon manager's license.

Sec. 10.

Minnesota Statutes 2020, section 240.01, subdivision 18, is amended to read:

Subd. 18.

Racing meeting.

"Racing meeting" is a series of days in which racing days
are not separated by more than five nonracing days new text begin unless approved in advance by the
commission new text end .

Sec. 11.

Minnesota Statutes 2020, section 240.06, subdivision 7, is amended to read:

Subd. 7.

License suspension and revocation.

The commission:

(1) may revoke a class A license for (i) a violation of law, order, or rule which in the
commission's opinion adversely affects the integrity of horse racing in Minnesota, or for
an intentional false statement made in a license application, or (ii) a willful failure to pay
any money required to be paid by Laws 1983, chapter 214;

(2) may revoke a class A license for failure to perform material covenants or
representations made in a license application; and

(3) shall revoke a class A license if live racing has not been conducted on at least 50
racing days assigned by the commission during any period of 12 consecutive months, unless
the commission authorizes a shorter period because of circumstances beyond the licensee's
control new text begin pursuant to section 240.30, subdivision 5 new text end .

The commission may suspend a class A license for up to one year for a violation of law,
order, or rule which in the commission's opinion adversely affects the integrity of horse
racing in Minnesota, and may suspend a class A license indefinitely if it determines that
the licensee has as an officer, director, shareholder, or other person with a direct, indirect,
or beneficial interest a person who is in the commission's opinion inimical to the integrity
of horse racing in Minnesota or who cannot be certified under subdivision 1, clause (4).

A license revocation or suspension under this subdivision is a contested case under
sections 14.57 to 14.69 of the Administrative Procedure Act, and is in addition to criminal
penalties imposed for a violation of law or rule.

Sec. 12.

Minnesota Statutes 2020, section 240.11, is amended to read:

240.11 LICENSES NONTRANSFERABLE.

new text begin (a) Except as provided in paragraph (b), new text end a license issued under this chapter may not be
transferred.

new text begin (b) A class A, class B, class C, or class D license to provide advance deposit wagering
may be transferred with prior approval by the commission.
new text end

Sec. 13.

Minnesota Statutes 2020, section 240.131, subdivision 7, is amended to read:

Subd. 7.

Payments to state.

(a) A regulatory fee is imposed at the rate of two percent
of all amounts wagered by Minnesota residents with an authorized advance deposit wagering
provider. The fee shall be declared on a form prescribed by the commission. The ADW
provider must pay the fee to the commission no more than 15 days after the end of the month
in which the wager was made. Fees collected under this paragraph must be deposited in the
state treasury and credited to a racing and card-playing regulation account in the special
revenue fund and are appropriated to the commission to offset the costs new text begin incurred by the
commission as described in section 240.30, subdivision 9, or the costs new text end associated with
regulating horse racing and pari-mutuel wagering in Minnesota.

(b) A breeders fund fee is imposed in the amount of one-quarter of one percent of all
amounts wagered by Minnesota residents with an authorized advance deposit wagering
provider. The fee shall be declared on a form prescribed by the commission. The ADW
provider must pay the fee to the commission no more than 15 days after the end of the month
in which the wager was made. Fees collected under this paragraph must be deposited in the
state treasury and credited to a racing and card-playing regulation account in the special
revenue fund and are appropriated to the commission to offset the cost of administering the
breeders fund and promote horse breeding in Minnesota.

Sec. 14.

Minnesota Statutes 2020, section 240.24, subdivision 2a, is amended to read:

Subd. 2a.

Reimbursement.

Increased expenses related to the use of upgraded drug
testing technologies and procedures are deemed to be necessary costs within the meaning
of section 240.155 and the commission deleted text begin shall deleted text end new text begin may new text end be reimbursed for these expenses from
receipts from card playing activities regulated by the commission.

Sec. 15.

Minnesota Statutes 2020, section 240.24, subdivision 3, is amended to read:

Subd. 3.

Fees.

The commission shall establish by rule a fee or schedule of fees new text begin that may
be used new text end to recover the costs of medical testing of horses running at racetracks licensed by
the commission. Fees charged for the testing of horses shall cover the cost of the medical
testing laboratory. Fee receipts shall be deposited in the state treasury and credited to the
racing reimbursement account.

Sec. 16.

Minnesota Statutes 2020, section 240.30, subdivision 5, is amended to read:

Subd. 5.

Limitation.

new text begin (a) new text end The commission shall not authorize a licensee to operate a card
club if the licensee has not conducted at least 50 days of live racing at a class A facility
within the past 12 months or during the preceding calendar year unless the commission
authorizes a shorter period deleted text begin because of deleted text end new text begin as a result of an epidemic, natural disaster, flood,
war, or other new text end circumstances beyond the licensee's control new text begin that made conducting 50 days of
live racing untenable for either public or equine health, welfare, or safety new text end .

new text begin (b) Any authorization by the commission for a shorter period under paragraph (a), must
be approved in writing by the horsepersons' organization representing the majority of
horsepersons racing the breed racing the majority of races at the licensee's class A facility
during the preceding 12 months.
new text end

Sec. 17.

Minnesota Statutes 2020, section 270C.21, is amended to read:

270C.21 TAXPAYER ASSISTANCE GRANTS.

new text begin Subdivision 1. new text end

new text begin Taxpayer assistance. new text end

When the commissioner awards grants to deleted text begin nonprofit deleted text end new text begin
eligible new text end organizations to coordinate, facilitate, encourage, and aid in the provision of taxpayer
assistance services, the commissioner must provide public notice of the grants in a timely
manner so that the grant process is completed and grants are awarded by October 1, in order
for recipient new text begin eligible new text end organizations to adequately plan expenditures for the filing season. At
the time the commissioner provides public notice, the commissioner must also notify
deleted text begin nonprofit deleted text end new text begin eligible new text end organizations that received grants in the previous biennium.

new text begin Subd. 2. new text end

new text begin Eligible organization. new text end

new text begin "Eligible organization" means an organization that meets
the definition of eligible organization provided in section 7526A(e)(2)(B) of the Internal
Revenue Code.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for grants awarded after June 30, 2021.
new text end

Sec. 18.

Minnesota Statutes 2020, section 477A.03, subdivision 2b, is amended to read:

Subd. 2b.

Counties.

(a) For aids payable in 2018 and 2019, the total aid payable under
section 477A.0124, subdivision 3, is $103,795,000, of which $3,000,000 shall be allocated
as required under Laws 2014, chapter 150, article 4, section 6. For aids payable in 2020,
the total aid payable under section 477A.0124, subdivision 3, is $116,795,000, of which
$3,000,000 shall be allocated as required under Laws 2014, chapter 150, article 4, section
6. For aids payable in 2021 through 2024, the total aid payable under section 477A.0124,
subdivision 3, is $118,795,000, of which $3,000,000 shall be allocated as required under
Laws 2014, chapter 150, article 4, section 6. For aids payable in 2025 and thereafter, the
total aid payable under section 477A.0124, subdivision 3, is $115,795,000. Each calendar
year, $500,000 of this appropriation shall be retained by the commissioner of revenue to
make reimbursements to the commissioner of management and budget for payments made
under section 611.27. The reimbursements shall be to defray the additional costs associated
with court-ordered counsel under section 611.27. Any retained amounts not used for
reimbursement in a year shall be included in the next distribution of county need aid that
is certified to the county auditors for the purpose of property tax reduction for the next taxes
payable year.

(b) For aids payable in 2018 and 2019, the total aid under section 477A.0124, subdivision
4, is $130,873,444. For aids payable in 2020, the total aid under section 477A.0124,
subdivision 4, is $143,873,444. For aids payable in 2021 and thereafter, the total aid under
section 477A.0124, subdivision 4, is $145,873,444. The commissioner of revenue shall
transfer to the deleted text begin commissioner of management and budget deleted text end new text begin Legislative Budget Office new text end $207,000
annually for the cost of preparation of local impact notes as required by section 3.987, and
other local government activities. The commissioner of revenue shall transfer to the
commissioner of education $7,000 annually for the cost of preparation of local impact notes
for school districts as required by section 3.987. The commissioner of revenue shall deduct
the amounts transferred under this paragraph from the appropriation under this paragraph.
The amounts transferred are appropriated to the deleted text begin commissioner of management and budget deleted text end new text begin
Legislative Coordinating Commission new text end and the commissioner of education respectively.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 30, 2021.
new text end

Sec. 19.

Minnesota Statutes 2020, section 645.071, is amended to read:

645.071 STANDARD OF TIME.

Every mention of, or reference to, any hour or time in any law new text begin , during any period of the
year, new text end is to be construed with reference to and in accordance with the deleted text begin standard time or deleted text end
advanced standard time provided by federal law. No department of the state government
and no county, city or town shall employ new text begin , during any period of the year, new text end any other time new text begin , new text end or
adopt any ordinance or order providing for the use new text begin , during any period of the year, new text end of any
other time than the federal deleted text begin standard time or deleted text end advanced standard time.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective upon the first commencement of advanced
standard time, also known as daylight saving time, following enactment of an amendment
to United States Code, title 15, section 260a, or another applicable law, which authorizes
states to observe advanced standard time year-round.
new text end

Sec. 20. new text begin LEGISLATIVE AUDITOR; COMPREHENSIVE REVIEW OF COVID-19
RESPONSE.
new text end

new text begin The legislative auditor is requested to conduct a special review of the state's response
to the infectious disease known as COVID-19. If conducted, the review must be designed
as a comprehensive analysis of all major aspects of the state's response, including programs
to provide testing, vaccination, and public outreach; contracting and other state purchasing
necessary to facilitate the response or to provide public services; and the methodology used
in modeling and forecasting the course of the outbreak. For each program, service, or activity,
the review must consider whether it was efficiently and successfully implemented to achieve
its intended outcome. If a program, service, or activity was not efficiently or successfully
implemented, the review may make recommendations for process improvements to facilitate
the state's response to future infectious disease outbreaks.
new text end

Sec. 21. new text begin FIRST APPOINTMENTS AND FIRST MEETING OF LEGISLATIVE
COMMISSION ON CYBERSECURITY.
new text end

new text begin Subdivision 1. new text end

new text begin First appointments. new text end

new text begin Appointing authorities must make initial
appointments to the Legislative Commission on Cybersecurity within 60 days after final
enactment. These members serve a term that expires on appointment of a successor after
the start of the next regular session of the legislature in 2023.
new text end

new text begin Subd. 2. new text end

new text begin First meeting. new text end

new text begin The majority leader of the senate shall designate one senate
member of the Legislative Commission on Cybersecurity under Minnesota Statutes, section
3.888, to convene the first meeting within 105 days after final enactment. The commission
must select a chair from among the senate members at the first meeting.
new text end

new text begin Subd. 3. new text end

new text begin Meetings in 2021. new text end

new text begin Notwithstanding Minnesota Statutes, section 3.888,
subdivision 5, the commission must meet at least twice in 2021.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 22. new text begin ROLLBACK OF PANDEMIC-RELATED FINES AND PENALTIES;
LICENSE REINSTATEMENTS.
new text end

new text begin Notwithstanding Minnesota Statutes, section 12.45, or any conflicting provisions of an
executive order or law to the contrary, the maximum penalty for a willful violation of an
executive order issued during a peacetime emergency related to the COVID-19 pandemic
shall be a misdemeanor and a fine not to exceed $1,000. Any fine levied and collected for
a violation of an executive order issued during a peacetime emergency in excess of the
maximum fine amount provided in this section shall be reimbursed to the person or entity
fined for the violation by the applicable board or agency in any amounts in excess of $1,000,
as soon as practicable following enactment of this section. Any license revoked by a board
or agency due to a violation of an executive order issued during a peacetime emergency
related to the COVID-19 pandemic is reinstated.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from March 15, 2020.
new text end

Sec. 23. new text begin TERMINATION OF PEACETIME EMERGENCY.
new text end

new text begin Consistent with Minnesota Statutes, section 12.31, subdivision 2, paragraph (b), the
peacetime emergency declared by Executive Order No. 20-01 issued March 13, 2020, is
terminated.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following presentment of S.F.
No. 2 to the governor pursuant to Article IV, section 23, of the Constitution of the State of
Minnesota.
new text end

ARTICLE 3

MILITARY AND VETERANS POLICY

Section 1.

Minnesota Statutes 2020, section 10.578, is amended to read:

10.578 VETERANS SUICIDE new text begin PREVENTION AND new text end AWARENESS DAY.

The first Saturday of every October is designated Veterans Suicide new text begin Prevention and
new text end Awareness Day. Each year, the governor shall issue a proclamation honoring this observance. new text begin
Each year in conjunction with this observance, the commissioner of veterans affairs shall
coordinate activities that raise awareness of, and promote the prevention of, veteran suicides.
new text end

Sec. 2.

Minnesota Statutes 2020, section 15.057, as amended by Laws 2021, chapter 28,
section 2, is amended to read:

15.057 PUBLICITY REPRESENTATIVES.

No state department, bureau, or division, whether the same operates on funds appropriated
or receipts or fees of any nature whatsoever, except new text begin the Department of Veterans Affairs, new text end
the Department of Transportation, the Department of Employment and Economic
Development, the Department of Agriculture, the Game and Fish Division, State Agricultural
Society, and Explore Minnesota Tourism shall use any of such funds for the payment of
the salary or expenses of a publicity representative. The publicity representative for the
Department of Agriculture must not be an elected official or candidate for public office.
The head of any such department, bureau, or division shall be personally liable for funds
used contrary to this provision. This section shall not be construed, however, as preventing
any such department, bureau, or division from sending out any bulletins or other publicity
required by any state law or necessary for the satisfactory conduct of the business for which
such department, bureau, or division was created.

Sec. 3.

Minnesota Statutes 2020, section 190.07, is amended to read:

190.07 APPOINTMENT; QUALIFICATIONS; RANK new text begin ; TERM; VACANCY new text end .

new text begin Subdivision 1. new text end

new text begin Qualifications. new text end

There shall be an adjutant general of the state who shall
be appointed by the governor new text begin within 120 days of a vacancy of the position new text end . The adjutant
general shall be a staff officer, who at the time of appointment shall be a commissioned
officer of the National Guard deleted text begin of this state, with not less than ten years military service in
the National Guard of this state or the armed forces of the United States, at least three of
which shall have been commissioned deleted text end and who shall have reached new text begin , at a minimum, new text end the deleted text begin grade
of a field officer deleted text end new text begin rank of colonel (O-6) new text end .

new text begin Subd. 2. new text end

new text begin Rank. new text end

The adjutant general shall new text begin be promoted, if necessary, directly to and
shall new text end hold deleted text begin at least deleted text end the rank of major general deleted text begin and may be promoted to and including the
highest rank authorized under federal law. However, the adjutant general may not be
promoted to the rank of major general without having at least 20 years service in the
Minnesota National Guard, at least one of which has been in the rank of brigadier general deleted text end . new text begin
If not already a major general, the adjutant general's promotion is effective beginning on
the date the governor appoints the adjutant general. At the time of appointment and in
accordance with the authorities governing federal recognition of officers, the adjutant general
is authorized to wear the rank of major general.
new text end

new text begin Subd. 3. new text end

new text begin Term. new text end

The term of the adjutant general is new text begin for a single term of new text end seven years from
the date of appointment. deleted text begin Section 15.06, subdivisions 3, 4, and 5, governs filling of vacancies
in the Office of Adjutant General. deleted text end The adjutant general shall not be removed from office
during a term except upon withdrawal of federal recognition or as otherwise provided by
the military laws of this state.

new text begin Subd. 4. new text end

new text begin Vacancy; acting or temporary adjutant general. new text end

new text begin In the event of a vacancy
of the adjutant general, the governor may appoint a person qualified under subdivision 1 as
an acting adjutant general. If the governor does not appoint an acting adjutant general, the
deputy adjutant general as defined in section 190.09, subdivision 1, shall become temporary
adjutant general without further official action. Upon taking office, the acting or temporary
adjutant general shall have all the powers and emoluments and perform all the duties of the
office of adjutant general until a permanent adjutant general is appointed.
new text end

Sec. 4.

new text begin [196.081] VETERANS STABLE HOUSING INITIATIVE; DATA.
new text end

new text begin (a) The commissioner may establish a veterans stable housing initiative. If the
commissioner establishes a veterans stable housing initiative under this section, the
commissioner must provide resources and support to assist veterans experiencing
homelessness in obtaining or maintaining stable housing.
new text end

new text begin (b) Data on individuals maintained by the commissioner in the Homeless Veteran Registry
for purposes of the veterans stable housing initiative is private data on individuals as defined
in section 13.02, subdivision 12, and must not be disclosed or shared except for coordinating
homelessness prevention efforts with:
new text end

new text begin (1) members of the Minnesota Interagency Council on Homelessness; and
new text end

new text begin (2) Homeless Veteran Registry partners to address a veteran's episode of homelessness
or maintain a veteran's housing plan through Department of Veterans Affairs funded
programs.
new text end

new text begin (c) For purposes of this section, "homelessness" means that a veteran lacks a fixed,
nighttime residence.
new text end

Sec. 5.

Minnesota Statutes 2020, section 197.791, subdivision 4, is amended to read:

Subd. 4.

Eligibility.

(a) A person is eligible for educational assistance under deleted text begin subdivisions deleted text end new text begin
subdivision new text end 5 deleted text begin and 5a deleted text end if:

(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;

(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 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 benefits under United States Code, title 38, chapter 33,
as amended, or United States Code, title 38, chapter 35, as amended; or

(iv) the spouse or child of a person who has served in the military at any time 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 eligible to receive federal education benefits
under United States Code, title 38, chapter 33, as amended, or United States Code, title 38,
chapter 35, as amended; and

(2) the person receiving the educational assistance is a Minnesota resident, as defined
in section 136A.101, subdivision 8; and

(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 136A.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 under
section 135A.52.

(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. 6.

Minnesota Statutes 2020, section 197.791, subdivision 5, is amended to read:

Subd. 5.

Educational assistance deleted text begin amount deleted text end .

(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 eligible institution.

(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 136A.121; and

(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 new text begin Department of new text end Veterans
deleted text begin Administration and payments made under the Veterans Retraining Assistance Program
(VRAP) deleted text end new text begin Affairs new text end .

(c) The amount of educational assistance for any eligible person who is a full-time
student must not exceed the following:

(1) $3,000 per state fiscal year; and

(2) $10,000 in a lifetime.

(d) 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. 7.

Minnesota Statutes 2020, section 197.791, subdivision 5a, is amended to read:

Subd. 5a.

Apprenticeship and on-the-job training.

(a) The commissioner, in
consultation with the commissioners of employment and economic development and labor
and industry, shall develop and implement an apprenticeship and on-the-job training program
to administer a portion of the Minnesota GI Bill program to pay benefit amounts to eligible
persons, as provided in this subdivision.

(b) An "eligible employer" means an employer operating a qualifying apprenticeship or
on-the-job training program that has been approved by the commissioner.

deleted text begin (c) A person is eligible for apprenticeship and on-the-job training assistance under this
subdivision if the person meets the criteria established under subdivision 4, paragraph (a).
The commissioner may determine eligibility as provided in subdivision 4, paragraph (c),
and may deny or terminate benefits as prescribed under subdivision 4, paragraphs (d) and
(e). The amount of assistance paid to or on behalf of an eligible individual under this
subdivision must not exceed the following:
deleted text end

new text begin (c) A person is eligible for apprenticeship and on-the-job training assistance under this
subdivision if the person is:
new text end

new text begin (1) a veteran who is serving or has served honorably in any branch or unit of the United
States armed forces at any time;
new text end

new text begin (2) 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;
new text end

new text begin (3) the surviving spouse or child of a person who has served in the military 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 benefits under United States Code, title 38, chapter 33, as
amended, or United States Code, title 38, chapter 35, as amended; or
new text end

new text begin (4) the spouse or child of a person who has served in the military at any time 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 eligible to receive federal education benefits
under United States Code, title 38, chapter 33, as amended, or United States Code, title 38,
chapter 35, as amended.
new text end

new text begin (d) The amount of assistance paid to or on behalf of an eligible individual under this
subdivision must not exceed the following:
new text end

(1) $3,000 per fiscal year for apprenticeship expenses;

(2) $3,000 per fiscal year for on-the-job training;

(3) $1,000 for a job placement credit payable to an eligible employer upon hiring and
completion of six consecutive months' employment of a person receiving assistance under
this subdivision; and

(4) $1,000 for a job placement credit payable to an eligible employer after a person
receiving assistance under this subdivision has been employed by the eligible employer for
at least 12 consecutive months as a full-time employee.

new text begin (e) new text end No more than $5,000 in aggregate benefits under this deleted text begin paragraph deleted text end new text begin subdivision new text end may be
paid to or on behalf of an individual in one fiscal year deleted text begin , and not more than $10,000 in
aggregate benefits under this paragraph may be paid to or on behalf of an individual over
any period of time deleted text end .

new text begin (f) If an eligible person receives benefits under subdivision 5 or 5b, the eligible person's
aggregate benefits under this subdivision, subdivisions 5, and 5b, must not exceed $10,000
in the eligible person's lifetime.
new text end

deleted text begin (d) deleted text end new text begin (g) new text end Assistance for apprenticeship expenses and on-the-job training is available for
qualifying programs, which must, at a minimum, meet the following criteria:

(1) the training must be with an eligible employer;

(2) the training must be documented and reported;

(3) the training must reasonably be expected to lead to an entry-level position; and

(4) the position must require at least six months of training to become fully trained.

Sec. 8.

Minnesota Statutes 2020, section 197.791, subdivision 5b, is amended to read:

Subd. 5b.

Additional professional or educational benefits.

(a) The commissioner shall
develop and implement a program to administer a portion of the Minnesota GI Bill program
to pay additional benefit amounts to eligible persons as provided under this subdivision.

deleted text begin (b) A person is eligible for additional benefits under this subdivision if the person meets
the criteria established under subdivision 4, paragraph (a), clause (1). The commissioner
may determine eligibility as provided in subdivision 4, paragraph (c), and may deny or
terminate benefits as prescribed under subdivision 4, paragraphs (d) and (e). The amount
of assistance paid to or on behalf of an eligible individual under this subdivision must not
exceed the following amounts:
deleted text end

new text begin (b) A person is eligible for additional benefits under this subdivision if the person is:
new text end

new text begin (1) a veteran who is serving or has served honorably in any branch or unit of the United
States armed forces at any time;
new text end

new text begin (2) 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;
new text end

new text begin (3) the surviving spouse or child of a person who has served in the military 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 benefits under United States Code, title 38, chapter 33, as
amended, or United States Code, title 38, chapter 35, as amended; or
new text end

new text begin (4) the spouse or child of a person who has served in the military at any time 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 eligible to receive federal education benefits
under United States Code, title 38, chapter 33, as amended, or United States Code, title 38,
chapter 35, as amended.
new text end

new text begin (c) The amount of assistance paid to or on behalf of an eligible individual under this
subdivision must not exceed the following amounts:
new text end

(1) $3,000 per state fiscal year; and

(2) $10,000 in a lifetime.

new text begin (d) If an eligible person receives benefits under subdivision 5 or 5a, the eligible person's
aggregate benefits under this subdivision, subdivisions 5, and 5a, must not exceed $10,000
in the eligible person's lifetime.
new text end

deleted text begin (c) deleted text end new text begin (e) new text end A person eligible under this subdivision may use the benefit amounts for the
following purposes:

(1) licensing or certification tests, the successful completion of which demonstrates an
individual's possession of the knowledge or skill required to enter into, maintain, or advance
in employment in a predetermined and identified vocation or profession, provided that the
tests and the licensing or credentialing organizations or entities that offer the tests are
approved by the commissioner;

(2) tests for admission to institutions of higher learning or graduate schools;

(3) national tests providing an opportunity for course credit at institutions of higher
learning;

(4) a preparatory course for a test that is required or used for admission to an institution
of higher education or a graduate program; and

(5) any fee associated with the pursuit of a professional or educational objective specified
in clauses (1) to (4).

deleted text begin (d) If an eligible person receives benefits under subdivision 5, the eligible person's
aggregate benefits under this subdivision and subdivision 5 must not exceed $10,000 in the
eligible person's lifetime.
deleted text end

deleted text begin (e) If an eligible person receives benefits under subdivision 5a, the eligible person's
aggregate benefits under this subdivision and subdivision 5a must not exceed $10,000 in
the eligible person's lifetime.
deleted text end

Sec. 9.

Minnesota Statutes 2020, section 198.006, is amended to read:

198.006 SUPPLEMENTAL PROGRAMS.

new text begin (a) new text end The commissioner deleted text begin shall deleted text end new text begin must new text end work with federal, state, local, and private agencies to
develop alternative institutional and noninstitutional care programs for veterans to supplement
the mission of the homes. Veterans shall be afforded the least restrictive, most appropriate
level of care available.

new text begin (b) The commissioner may work with federal, state, local, and private entities to make
available appropriate dental services for veterans homes residents. The commissioner may
engage with the United States Department of Veterans Affairs to support the dental benefits
program authorized under this paragraph.
new text end

new text begin (c) The commissioner may provide adult day care center programs that offer therapeutic
and rehabilitation health care services to veterans and support services for caregivers of
veterans. If the commissioner provides adult day care center programs, the commissioner
may collect fees from program participants. The commissioner is authorized to apply for
and accept federal funding for purposes of this paragraph.
new text end

Sec. 10.

Minnesota Statutes 2020, section 198.03, subdivision 2, is amended to read:

Subd. 2.

Cost of care.

new text begin (a) new text end The commissioner shall set out in rules the method of
calculating the average cost of care for the domiciliary and nursing care residents. The cost
must be determined yearly based upon the average cost per resident taking into account,
but not limited to, administrative cost of the homes, the cost of service available to the
resident, and food and lodging costs. These average costs must be calculated separately for
domiciliary and nursing care residents. The amount charged each resident for maintenance,
if anything, must be based on the appropriate average cost of care calculation and the assets
and income of the resident but must not exceed the appropriate average cost of care.

new text begin (b) Beginning July 1, 2021, the Personal Needs Allowance (PNA) for domiciliary
residents must be based on the Minnesota Department of Human Services' (DHS) most
recent General Assistance program PNA and is in effect the same date as the DHS PNA is
in effect. Thereafter, the PNA for domiciliary residents must be adjusted and put into effect
each year or each time DHS adjusts the General Assistance program PNA.
new text end

Sec. 11.

new text begin [198.45] REPORT ON VETERANS HOMES.
new text end

new text begin No later than January 15, 2022, and biennially on January 15 thereafter, the commissioner
must submit a report to the chairs and ranking minority members of the legislative committees
with jurisdiction over veterans affairs and state government finance on reserve amounts
maintained in the veterans homes special revenue account. The report must detail current
and historical amounts maintained as a reserve and uses of those amounts. The report must
also include data on the use of existing veterans homes, including current and historical bed
capacity and usage, staffing levels and staff vacancy rates, and staff-to-resident ratios.
new text end

Sec. 12.

Minnesota Statutes 2020, section 609.095, is amended to read:

609.095 LIMITS OF SENTENCES.

(a) The legislature has the exclusive authority to define crimes and offenses and the
range of the sentences or punishments for their violation. No other or different sentence or
punishment shall be imposed for the commission of a crime than is authorized by this chapter
or other applicable law.

(b) Except as provided in section 152.18 deleted text begin or deleted text end new text begin , 609.1056, new text end 609.375, or upon agreement of
the parties, a court may not refuse to adjudicate the guilt of a defendant who tenders a guilty
plea in accordance with Minnesota Rules of Criminal Procedure, rule 15, or who has been
found guilty by a court or jury following a trial. A decision by the court to issue a stay of
adjudication under this paragraph for a charge of violating section 243.166, 609.342, 609.343,
609.344, 609.345, 609.3451, subdivision 3, or 609.3453, must be justified in writing and
on the record.

(c) Paragraph (b) does not supersede Minnesota Rules of Criminal Procedure, rule 26.04.

Sec. 13.

new text begin [609.1056] MILITARY VETERANS; CRIMES COMMITTED BECAUSE
OF CONDITIONS RESULTING FROM SERVICE; DISCHARGE AND DISMISSAL.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin As used in this section, the following terms have the meanings
given:
new text end

new text begin (1) "applicable condition" means sexual trauma, traumatic brain injury, posttraumatic
stress disorder, substance abuse, or a mental health condition;
new text end

new text begin (2) "eligible offense" means any misdemeanor or gross misdemeanor, and any felony
that is ranked at severity level 7 or lower or D7 or lower on the Sentencing Guidelines grid;
and
new text end

new text begin (3) "veterans treatment court program" means a program that has the following essential
characteristics:
new text end

new text begin (i) the integration of services in the processing of cases in the judicial system;
new text end

new text begin (ii) the use of a nonadversarial approach involving prosecutors and defense attorneys to
promote public safety and to protect the due process rights of program participants;
new text end

new text begin (iii) early identification and prompt placement of eligible participants in the program;
new text end

new text begin (iv) access to a continuum of alcohol, controlled substance, mental health, and other
related treatment and rehabilitative services;
new text end

new text begin (v) careful monitoring of treatment and services provided to program participants;
new text end

new text begin (vi) a coordinated strategy to govern program responses to participants' compliance;
new text end

new text begin (vii) ongoing judicial interaction with program participants;
new text end

new text begin (viii) monitoring and evaluation of program goals and effectiveness;
new text end

new text begin (ix) continuing interdisciplinary education to promote effective program planning,
implementation, and operations;
new text end

new text begin (x) development of partnerships with public agencies and community organizations,
including the United States Department of Veterans Affairs; and
new text end

new text begin (xi) inclusion of a participant's family members who agree to be involved in the treatment
and services provided to the participant under the program.
new text end

new text begin Subd. 2. new text end

new text begin Deferred prosecution. new text end

new text begin (a) The court shall defer prosecution for an eligible
offense committed by a defendant who was, or currently is, a member of the United States
military as provided in this subdivision. The court shall defer prosecution at the request of
the defendant upon a finding of guilty after trial or upon a guilty plea.
new text end

new text begin (b) A defendant who requests to be sentenced under this section shall release or authorize
access to military service reports and records relating to an alleged applicable condition
stemming from service in the United States military. The court must file the records as
confidential, and the records must remain sealed, except as provided in this paragraph. The
defendant, through existing records or licensed professional evaluation, shall establish the
diagnosis of the applicable condition and its connection to military service. The court, on
its motion or the prosecutor's motion with notice to defense counsel, may order the defendant
to furnish to the court for in-camera review or to the prosecutor copies of all medical and
military service reports and records previously or subsequently made concerning the
defendant's condition and its connection to service.
new text end

new text begin (c) Based on the record, the court shall determine, by clear and convincing evidence,
whether the defendant suffers from an applicable condition, whether that condition stems
from service in the United States military, and whether the offense was committed as a
result of the applicable condition. Within 15 days of the court's findings, either party may
file a challenge to the findings and demand a hearing on the defendant's eligibility under
this section.
new text end

new text begin (d) If the court makes the determination described in paragraph (c), the court shall,
without entering a judgment of guilty, defer further proceedings and place the defendant
on probation upon such reasonable conditions as it may require and for a period not to
exceed the maximum period provided by law. A court may extend a defendant's term of
probation pursuant to section 609.135, subdivision 2, paragraphs (g) and (h). Conditions
ordered by the court must include treatment, services, rehabilitation, and education sufficient
so that if completed, the defendant would be eligible for discharge and dismissal under
subdivision 3. If the court determines that a defendant suffers from a substance use disorder,
the court shall order a Rule 25 assessment under Minnesota Rules, part 9530.6615, and
order the defendant to follow the recommendations contained in the assessment. If the court
determines that a defendant suffers from posttraumatic stress disorder, sexual trauma,
traumatic brain injury, or other mental health conditions, the court shall order a mental
health assessment conducted by a licensed mental health professional and follow the
recommendations contained in the examiner's report.
new text end

new text begin (e) If the court determines that the defendant is eligible for a deferred sentence but the
defendant has previously received a deferred sentence for a felony offense under this
subdivision, the court may, but is not required to, impose a deferred sentence. If the court
does not impose a deferred sentence, the court may sentence the defendant as otherwise
provided in law, including as provided in subdivision 4.
new text end

new text begin (f) Upon violation of a condition of probation, the court may enter an adjudication of
guilt and proceed as otherwise provided in law, including as provided in subdivision 4.
new text end

new text begin (g) As a condition of probation, the court may order the defendant to attend a local, state,
federal, or private nonprofit treatment program for a period not to exceed the maximum
period for which the defendant could have been incarcerated.
new text end

new text begin (h) The court, when issuing an order under this subdivision that a defendant attend an
established treatment program, shall give preference to a treatment program that has a history
of successfully treating veterans who suffer from applicable conditions caused by military
service, including but not limited to programs operated by the United States Department of
Defense or Veterans Affairs.
new text end

new text begin (i) The court and any assigned treatment program shall collaborate with, when available,
the county veterans service officer and the United States Department of Veterans Affairs
to maximize benefits and services provided to the defendant. If an appropriate treatment
provider is not available in the defendant's county of residence or public funding is not
available, the Minnesota Department of Veterans Affairs shall coordinate with the United
States Department of Veterans Affairs to locate an appropriate treatment program and
sources to fund the cost of the defendant's participation in the program.
new text end

new text begin (j) If available in the county or judicial district having jurisdiction over the case, the
defendant may be supervised by a veterans treatment court program under subdivision 5.
If there is a veterans treatment court that meets the requirements of subdivision 5 in the
county in which the defendant resides or works, supervision of the defendant may be
transferred to that county or judicial district veterans treatment court program. Upon the
defendant's successful or unsuccessful completion of the program, the veterans treatment
court program shall communicate this information to the court of original jurisdiction for
further action.
new text end

new text begin (k) Sentencing pursuant to this subdivision waives any right to administrative review
pursuant to section 169A.53, subdivision 1, or judicial review pursuant to section 169A.53,
subdivision 2, for a license revocation or cancellation imposed pursuant to section 169A.52,
and also waives any right to administrative review pursuant to section 171.177, subdivision
10, or judicial review pursuant to section 171.177, subdivision 11, for a license revocation
or cancellation imposed pursuant to section 171.177, if that license revocation or cancellation
is the result of the same incident for which the defendant is being sentenced.
new text end

new text begin Subd. 3. new text end

new text begin Discharge and dismissal. new text end

new text begin (a) Upon the expiration of the period of the defendant's
probation, the court shall hold a hearing to discharge the defendant from probation and
determine whether to dismiss the proceedings against a defendant who received a deferred
sentence under subdivision 2. The hearing shall be scheduled so that the parties have adequate
time to prepare and present arguments regarding the issue of dismissal. The parties may
submit written arguments to the court prior to the date of the hearing and may make oral
arguments before the court at the hearing. The defendant must be present at the hearing
unless excused under Minnesota Rules of Criminal Procedure, rule 26.03, subdivision 1,
clause (3).
new text end

new text begin (b) The court shall provide notice to any identifiable victim of the offense at least 15
days before the hearing is held. Notice to victims of the offense under this subdivision must
specifically inform the victim of the right to submit an oral or written statement to the court
at the time of the hearing describing the harm suffered by the victim as a result of the crime
and the victim's recommendation on whether dismissal should be granted or denied. The
judge shall consider the victim's statement when making a decision. If a victim notifies the
prosecutor of an objection to dismissal and is not present at the hearing, the prosecutor shall
make the objections known to the court.
new text end

new text begin (c) The court shall dismiss proceedings against a defendant if the court finds by clear
and convincing evidence that the defendant:
new text end

new text begin (1) is in compliance with the conditions of probation;
new text end

new text begin (2) has successfully completed court-ordered treatment and services to address the
applicable condition caused by military service;
new text end

new text begin (3) does not represent a danger to the health or safety of victims or others; and
new text end

new text begin (4) has demonstrated significant benefit from court-ordered education, treatment, or
rehabilitation to clearly show that a discharge and dismissal under this subdivision is in the
interests of justice.
new text end

new text begin (d) In determining the interests of justice, the court shall consider, among other factors,
all of the following:
new text end

new text begin (1) the defendant's completion and degree of participation in education, treatment, and
rehabilitation as ordered by the court;
new text end

new text begin (2) the defendant's progress in formal education;
new text end

new text begin (3) the defendant's development of career potential;
new text end

new text begin (4) the defendant's leadership and personal responsibility efforts;
new text end

new text begin (5) the defendant's contribution of service in support of the community;
new text end

new text begin (6) the level of harm to the community from the offense;
new text end

new text begin (7) the level of harm to the victim from the offense with the court's determination of
harm guided by the factors for evaluating injury and loss contained in the applicable victim's
rights provisions of chapter 611A; and
new text end

new text begin (8) the statement of the victim, if any.
new text end

new text begin (e) If the court finds that the defendant does not qualify for discharge and dismissal
under paragraph (c), the court shall enter an adjudication of guilt and proceed as otherwise
provided in law, including as provided in subdivision 4.
new text end

new text begin (f) Discharge and dismissal under this subdivision shall be without court adjudication
of guilt, but a not public record of the discharge and dismissal shall be retained by the Bureau
of Criminal Apprehension for the purpose of use by the courts in determining the merits of
subsequent proceedings against the defendant. The not public record may also be opened
only upon court order for purposes of a criminal investigation, prosecution, or sentencing.
Upon request by law enforcement, prosecution, or corrections authorities, the bureau shall
notify the requesting party of the existence of the not public record and the right to seek a
court order to open the not public record under this paragraph. The court shall forward a
record of any discharge and dismissal under this subdivision to the bureau, which shall
make and maintain the not public record of the discharge and dismissal. The discharge and
dismissal shall not be deemed a conviction for purposes of disqualifications or disabilities
imposed by law upon conviction of a crime or for any other purpose. For purposes of this
paragraph, "not public" has the meaning given in section 13.02, subdivision 8a.
new text end

new text begin Subd. 4. new text end

new text begin Sentencing departure; waiver of mandatory sentence. new text end

new text begin (a) This subdivision
applies to defendants who plead or are found guilty of any criminal offense except one for
which registration is required under section 243.166, subdivision 1b.
new text end

new text begin (b) Prior to sentencing, a defendant described in paragraph (a) may present proof to the
court that the defendant has, since the commission of the offense, engaged in rehabilitative
efforts consistent with those described in this section. If the court determines that the
defendant has engaged in substantial rehabilitative efforts and the defendant establishes by
clear and convincing evidence that:
new text end

new text begin (1) the defendant suffered from an applicable condition at the time of the offense;
new text end

new text begin (2) the applicable condition was caused by service in the United States military; and
new text end

new text begin (3) the offense was committed as a result of the applicable condition;
new text end

new text begin the court may determine that the defendant is particularly amenable to probation and order
a mitigated durational or dispositional sentencing departure or a waiver of any statutory
mandatory minimum sentence applicable to the defendant.
new text end

new text begin Subd. 5. new text end

new text begin Optional veterans treatment court program; procedures for eligible
defendants. new text end

new text begin A county or judicial district may supervise probation under this section through
a veterans treatment court using county veterans service officers appointed under sections
197.60 to 197.606, United States Department of Veterans Affairs veterans justice outreach
specialists, probation agents, and any other rehabilitative resources available to the court.
new text end

new text begin Subd. 6. new text end

new text begin Creation of county and city diversion programs; authorization. new text end

new text begin Any county
or city may establish and operate a veterans pretrial diversion program for defendants eligible
under subdivision 1 without penalty under section 477A.0175. "Pretrial diversion" means
the decision of a prosecutor to refer a defendant to a diversion program on the condition
that the criminal charges against the defendant shall be dismissed after a specified period
of time or the case shall not be charged, if the defendant successfully completes the program
of treatment recommended by the United States Department of Veterans Affairs or a local,
state, federal, or private nonprofit treatment program.
new text end

new text begin Subd. 7. new text end

new text begin Exception. new text end

new text begin This section does not apply to a person charged with an offense for
which registration is required under section 243.166, subdivision 1b.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 14. new text begin COST OF CARE; TEMPORARY SUSPENSION OF RULE.
new text end

new text begin Notwithstanding Minnesota Rules, part 9050.0500, subparts 1, 2 and 3, the commissioner
of veterans affairs is not required to perform the annual calculation of costs of care for
veterans homes in fiscal year 2022. For fiscal year 2022, the commissioner may apply the
cost of care established for fiscal year 2021. The commissioner may only suspend application
of Minnesota Rules, part 9050.0500, subparts 1, 2, and 3, in fiscal year 2022. This section
expires on June 30, 2022.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2021.
new text end

Sec. 15. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes must renumber the provisions of Minnesota Statutes listed in
column A to the references listed in column B. The revisor must also make necessary
cross-reference changes in Minnesota Statutes and Minnesota Rules consistent with the
renumbering.
new text end

	new text begin Column A new text end	new text begin Column B new text end
	new text begin 197.791, subdivision 5a new text end	new text begin 197.791, subdivision 6 new text end
	new text begin 197.791, subdivision 5b new text end	new text begin 197.791, subdivision 7 new text end
	new text begin 197.791, subdivision 6 new text end	new text begin 197.791, subdivision 8 new text end

ARTICLE 4

ELECTIONS

Section 1.

Minnesota Statutes 2020, section 201.071, subdivision 2, is amended to read:

Subd. 2.

Instructions.

new text begin (a) new text end A registration application shall be accompanied by instructions
specifying the manner and method of registration, the qualifications for voting, the penalties
for false registration, and the availability of registration and voting assistance for elderly
and disabled individuals and residents of health care facilities and hospitals.

new text begin (b) new text end The instructions must indicate that deleted text begin if deleted text end the voter deleted text begin does not have deleted text end new text begin must provide new text end a valid
Minnesota driver's license or identification card new text begin number new text end , new text begin or new text end the last four digits of the voter's
Social Security number deleted text begin must be provided, unless the voter does not have a Social Security
number deleted text end new text begin , unless the voter has not been issued one of those numbers new text end .

new text begin (c) new text end If, prior to election day, a person requests the instructions in Braille, audio format,
or in a version printed in 16-point bold type with 24-point leading, the county auditor shall
provide them in the form requested. The secretary of state shall prepare Braille and audio
copies and make them available.

Sec. 2.

Minnesota Statutes 2020, section 201.121, subdivision 3, is amended to read:

Subd. 3.

Postelection sampling.

(a) Within ten days after an election, the county auditor
shall send the notice required by subdivision 2 to a random sampling of the individuals
registered on election day. The random sampling shall be determined in accordance with
the rules of the secretary of state. As soon as practicable after the election, the county auditor
shall mail the notice required by subdivision 2 to all other individuals registered on election
day. If a notice is returned as not deliverable, the county auditor shall attempt to determine
the reason for the return. A county auditor who does not receive or obtain satisfactory proof
of an individual's eligibility to vote shall immediately notify the county attorney of all of
the relevant information. deleted text begin The deleted text end new text begin By February 15 of each year, the new text end county auditor must notify
the secretary of state of the following information new text begin for each election held in the previous
year new text end by each precinct:

(1) the total number of all notices that were returned as nondeliverable;

(2) the total number of nondeliverable notices that the county auditor was able to
determine the reason for the return along with the reason for each return; and

(3) the total number of individuals for whom the county auditor does not receive or
obtain satisfactory proof of an individual's eligibility to vote.

(b) By March 1 of every deleted text begin odd-numbered deleted text end year, the secretary of state shall report to the
chair and ranking minority members of the legislative committees with jurisdiction over
elections the following information new text begin for each election held in the previous year new text end by each
precinct and each county:

(1) the total number of all notices that were returned as nondeliverable;

(2) the total number of nondeliverable notices that a county auditor was able to determine
the reason for the return along with the reason for each return; and

(3) the total number of individuals for whom the county auditor does not receive or
obtain satisfactory proof of an individual's eligibility to vote.

Sec. 3.

Minnesota Statutes 2020, section 203B.08, subdivision 1, is amended to read:

Subdivision 1.

Marking and return by voter.

new text begin (a) new text end An eligible voter who receives absentee
ballots as provided in this chapter shall mark them in the manner specified in the directions
for casting the absentee ballots. The return envelope containing marked ballots may be
mailed as provided in the directions for casting the absentee ballots deleted text begin or deleted text end new text begin , new text end may be left with the
county auditor or municipal clerk who transmitted the absentee ballots to the voter new text begin , or may
be left in a drop box as provided in section 203B.082 new text end . If delivered in person, the return
envelope must be submitted to the county auditor or municipal clerk by 3:00 p.m. on election
day.

new text begin (b) new text end The voter may designate an agent to deliver in person the sealed absentee ballot
return envelope to the county auditor or municipal clerk or to deposit the return envelope
in the mail. An agent may deliver or mail the return envelopes of not more than three voters
in any election. Any person designated as an agent who tampers with either the return
envelope or the voted ballots or does not immediately mail or deliver the return envelope
to the county auditor or municipal clerk is guilty of a misdemeanor.

Sec. 4.

Minnesota Statutes 2020, section 203B.08, subdivision 3, is amended to read:

Subd. 3.

Procedures on receipt of ballots.

When absentee ballots are returned to a
county auditor or municipal clerk, that official shall stamp or initial and date the return
envelope and place it in a deleted text begin secure location deleted text end new text begin locked ballot container or other secured and locked
space new text end with other return envelopes received by that office. Within five days after receipt, the
county auditor or municipal clerk shall deliver to the ballot board all ballots received, except
that during the 14 days immediately preceding an election, the county auditor or municipal
clerk shall deliver all ballots received to the ballot board within three days. Ballots received
on election day either (1) after 3:00 p.m., if delivered in person; or (2) after 8:00 p.m., if
delivered by mail or a package delivery service, shall be marked as received late by the
county auditor or municipal clerk, and must not be delivered to the ballot board.

Sec. 5.

new text begin [203B.082] ABSENTEE BALLOT DROP BOXES; SECURITY AND
INTEGRITY.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin As used in this section, "drop box" means a secure receptacle
or container established to receive completed absentee ballots 24 hours per day. Drop box
does not include a receptacle or container maintained by the United States Postal Service,
or a location at which a voter or an agent may return a completed absentee ballot by providing
it directly to an employee of the county auditor or municipal clerk.
new text end

new text begin Subd. 2. new text end

new text begin Minimum security and integrity standards. new text end

new text begin The county auditor or municipal
clerk may provide locations at which a voter may deposit a completed absentee ballot
enclosed in the completed signature envelope in a secure drop box, consistent with the
following security and integrity standards:
new text end

new text begin (1) each drop box must be continually recorded during the absentee voting period;
new text end

new text begin (2) each drop box must be designed to prevent an unauthorized person from moving,
removing, or tampering with the drop box;
new text end

new text begin (3) each drop box placed in an outdoor location must be fastened to a building, bolted
to a concrete pad, or otherwise attached to a similarly secure structure;
new text end

new text begin (4) ballots deposited in a drop box must be secured against access by any unauthorized
person, and in the case of a drop box located in an outdoor location, the drop box must be
secured against damage due to weather or other natural conditions;
new text end

new text begin (5) each drop box must contain signage or markings that:
new text end

new text begin (i) clearly identifies the drop box as an official absentee ballot return location; and
new text end

new text begin (ii) include the location and hours where an agent may return an absentee ballot;
new text end

new text begin (6) deposited ballots must be collected at least once per business day during the absentee
voting period by the county auditor, municipal clerk, or an elections official trained by the
county auditor or municipal clerk in the proper maintenance and handling of absentee ballots
and absentee ballot drop boxes, and in the security measures used to protect absentee ballots;
and
new text end

new text begin (7) ballots collected from each drop box must be properly date-stamped and stored in a
locked ballot container or other secured and locked space consistent with any applicable
laws governing the collection and storage of absentee ballots.
new text end

new text begin Subd. 3. new text end

new text begin Publication of locations required. new text end

new text begin (a) The county auditor or municipal clerk
must provide a list of designated absentee ballot drop box locations to the secretary of state
no later than 40 days prior to the start of the absentee voting period at every regularly
scheduled primary or general election. The list must be published on the website of the
county or municipality and on the website of the secretary of state at least 35 days prior to
the start of the absentee voting period.
new text end

new text begin (b) The county auditor or municipal clerk must provide an updated list of designated
absentee ballot drop box locations to the secretary of state no later than 20 days prior to the
start of the absentee voting period at every regularly scheduled primary or general election,
if any locations have changed or been added since submission of the list under paragraph
(a). The list must be published on the website of the county or municipality and on the
website of the secretary of state at least 15 days prior to the start of the absentee voting
period.
new text end

new text begin Subd. 4. new text end

new text begin Electioneering prohibited. new text end

new text begin Section 211B.11 applies to conduct within 100
feet of an absentee ballot drop box established under this section.
new text end

Sec. 6.

Minnesota Statutes 2020, section 203B.121, subdivision 1, is amended to read:

Subdivision 1.

Establishment; applicable laws.

(a) The governing body of each county,
municipality, and school district with responsibility to accept and reject absentee ballots
must, by ordinance or resolution, establish a ballot board. The board must consist of a
sufficient number of election judges deleted text begin trained in the handling of absentee ballots and deleted text end appointed
as provided in sections 204B.19 to 204B.22. The board may include deputy county auditors
or deputy city clerks who have received training in the processing and counting of absentee
ballots. new text begin Each member of the ballot board must be provided adequate training on the
processing and counting of absentee ballots, including but not limited to instruction on
accepting and rejecting absentee ballots, storage of absentee ballots, timelines and deadlines,
the role of the ballot board, procedures for opening absentee ballot envelopes, procedures
for counting absentee ballots, and procedures for reporting absentee ballot totals.
new text end

(b) Each jurisdiction must pay a reasonable compensation to each member of that
jurisdiction's ballot board for services rendered during an election.

(c) Except as otherwise provided by this section, all provisions of the Minnesota Election
Law apply to a ballot board.

Sec. 7.

Minnesota Statutes 2020, section 204B.14, subdivision 3, is amended to read:

Subd. 3.

Boundary changes; prohibitions; exception.

new text begin (a) new text end Notwithstanding other law
or charter provisions to the contrary, during the period from January 1 in any year ending
in zero to the time when the legislature has been redistricted in a year ending in one or two,
no changes may be made in the boundaries of any election precinct except as provided in
this subdivision.

deleted text begin (a) deleted text end new text begin (b) new text end If a city annexes an unincorporated area located in the same county as the city
and adjacent to the corporate boundary, the annexed area may be included in an election
precinct immediately adjacent to it.

deleted text begin (b) deleted text end new text begin (c) new text end A municipality or county may establish new election precincts lying entirely
within the boundaries of any existing precinct and shall assign names to the new precincts
which include the name of the former precinct.

deleted text begin (c) deleted text end new text begin (d) new text end Precinct boundaries in a city of the first class electing council members by wards
may be reestablished within four weeks of the adoption of ward boundaries in a year ending
in one, as provided in section 204B.135, subdivision 1. new text begin If precinct boundaries are
reestablished in a year ending in one, the city council must designate polling places for each
election precinct pursuant to section 204B.16, subdivision 1, within 30 days establishing
precinct boundaries. The polling place designations are effective for the year ending in one.
new text end

deleted text begin (d) deleted text end new text begin (e) new text end Precinct boundaries must be reestablished within 60 days of the time when the
legislature has been redistricted, or at least 19 weeks before the state primary election in a
year ending in two, whichever comes first. new text begin The governing body of each municipality and
of each county with precincts in unorganized territory must designate polling places for
each election precinct pursuant to section 204B.16, subdivision 1, within 30 days of
establishing precinct boundaries or at least 19 weeks before the state primary election in a
year ending in two, whichever comes first. new text end The adoption of reestablished precinct boundaries
new text begin and polling places new text end becomes effective on the date of the state primary election in the year
ending in two.

new text begin (f) new text end Precincts must be arranged so that no precinct lies in more than one legislative or
congressional district.

Sec. 8.

Minnesota Statutes 2020, section 204B.16, subdivision 1, is amended to read:

Subdivision 1.

Authority; location.

By December 31 of each year, the governing body
of each municipality and of each county with precincts in unorganized territory must
designate by ordinance or resolution a polling place for each election precinct. The polling
places designated in the ordinance or resolution are the polling places for the following
calendar year, unless a change is made:

(1) pursuant to section 204B.175;

(2) because a polling place has become unavailable; deleted text begin or
deleted text end

(3) because a township designates one location for all state and federal elections and
one location for all township only elections new text begin ; and
new text end

new text begin (4) pursuant to section 204B.14, subdivision 3 new text end .

new text begin (b) new text end Polling places must be designated and ballots must be distributed so that no one is
required to go to more than one polling place to vote in a school district and municipal
election held on the same day. The polling place for a precinct in a city or in a school district
located in whole or in part in the metropolitan area defined by section 200.02, subdivision
24, shall be located within the boundaries of the precinct or within one mile of one of those
boundaries unless a single polling place is designated for a city pursuant to section 204B.14,
subdivision 2, or a school district pursuant to section 205A.11. The polling place for a
precinct in unorganized territory may be located outside the precinct at a place which is
convenient to the voters of the precinct. If no suitable place is available within a town or
within a school district located outside the metropolitan area defined by section 200.02,
subdivision 24, then the polling place for a town or school district may be located outside
the town or school district within five miles of one of the boundaries of the town or school
district.

Sec. 9.

Minnesota Statutes 2020, section 204B.18, subdivision 1, is amended to read:

Subdivision 1.

Booths; voting stations.

(a) Each polling place must contain a number
of voting booths or voting stations in proportion to the number of individuals eligible to
vote in the precinct. The booth or station shall permit the voter to vote privately and
independently.

(b) Each polling place must have at least one accessible voting booth or other accessible
voting station and beginning with federal and state elections held after December 31, 2005,
and county, municipal, and school district elections held after December 31, 2007, one
voting system that conforms to section 301(a)(3)(B) of the Help America Vote Act, Public
Law 107-252.

(c) Local jurisdictions must make accessible voting stations purchased with funds
provided from the Help America Vote Act account available to other local jurisdictions
holding stand-alone elections. The jurisdiction providing the equipment may require the
jurisdiction using the equipment to reimburse any direct actual costs incurred as a result of
the equipment's use and any prorated indirect costs of maintaining and storing the equipment.
A rental or other similar use fee may not be charged.

Any funds received under this paragraph for expenses incurred by that local jurisdiction
as a direct result of making the equipment available that were not paid for in whole or in
part with funds from the Help America Vote Act account are not program income under
the Help America Vote Act, Public Law 107-252.

Any funds received by a local jurisdiction making the equipment available as
reimbursement for expenses as defined as "operating costs" under Laws 2005, chapter 162,
section 34, subdivision 1, paragraph (b), and paid for in whole or in part with funds from
the Help America Vote Act account must be treated as program income and deposited into
the jurisdiction's Help America Vote Act account in the direct proportion that funds from
the Help America Vote Act account were used to pay for those "operating costs."

(d) All booths or stations must be constructed so that a voter is free from observation
while marking ballots. During the hours of voting, the booths or stations must have
instructions, a deleted text begin pencil deleted text end new text begin pen or other marking device suitable for the voting system being used new text end ,
and other supplies needed to mark the ballots. A chair must be provided for elderly voters
and voters with disabilities to use while voting or waiting to vote. Stable flat writing surfaces
must also be made available to voters who are completing election-related forms.

(e) All ballot boxes, voting booths, voting stations, and election judges must be in open
public view in the polling place.

new text begin (f) The jurisdiction providing supplies must only provide pens or marking devices suitable
for the voting system being used.
new text end

Sec. 10.

Minnesota Statutes 2020, section 204B.40, is amended to read:

204B.40 BALLOTS; ELECTION RECORDS AND OTHER MATERIALS;
DISPOSITION; INSPECTION OF BALLOTS.

The county auditors, municipal clerks, and school district clerks shall retain all election
materials returned to them after any election for at least 22 months from the date of that
election. new text begin All records and materials must be stored in a locked container or other secured
and locked space. new text end All election materials involved in a contested election must be retained
for 22 months or until the contest has been finally determined, whichever is later. Abstracts
filed by canvassing boards shall be retained permanently by any officer with whom those
abstracts are filed. Election materials no longer required to be retained pursuant to this
section shall be disposed of in accordance with sections 138.163 to 138.21. Sealed envelopes
containing voted ballots must be retained unopened, except as provided in this section, in
a secure location. The county auditor, municipal clerk, or school district clerk shall not
permit any voted ballots to be tampered with or defaced.

After the time for filing a notice of contest for an election has passed, the secretary of
state may, for the purpose of monitoring and evaluating election procedures: (1) open the
sealed ballot envelopes and inspect the ballots for that election maintained by the county
auditors, municipal clerks, or school district clerks; (2) inspect the polling place rosters and
completed voter registration applications; or (3) examine other forms required in the
Minnesota election laws for use in the polling place. No inspected ballot or document may
be marked or identified in any manner. After inspection, all ballots must be returned to the
ballot envelope and the ballot envelope must be securely resealed. Any other election
materials inspected or examined must be secured or resealed. No polling place roster may
be inspected until the voting history for that precinct has been posted. No voter registration
application may be inspected until the information on it has been entered into the statewide
registration system.

Sec. 11.

Minnesota Statutes 2020, section 204C.13, subdivision 3, is amended to read:

Subd. 3.

Marking ballots.

new text begin (a) new text end The voter shall mark each ballot deleted text begin in the following manner: deleted text end new text begin
as provided in this subdivision.
new text end

deleted text begin (a) deleted text end new text begin (b) new text end The voter shall fill in the oval or similar mark if a different target shape is used,
opposite the printed name of each candidate for whom the individual desires to vote, and
in the oval or other target shape before the "Yes" or "No" if the individual desires to vote
for or against a question.

deleted text begin (b) deleted text end new text begin (c) new text end The voter may write in other names on the lines provided under the printed names
of the candidates, except that no names shall be written in on primary ballots.

deleted text begin (c) deleted text end new text begin (d) new text end At a state primary an individual may vote for candidates of only one major political
party on the partisan primary ballot. If a partisan primary ballot contains votes for the
candidates of more than one major political party, the ballot is totally defective and no vote
on the partisan section of the ballot shall be counted.

deleted text begin (d) deleted text end new text begin (e) new text end An individual who spoils a ballot may return it to the election judges and receive
another.

Sec. 12.

Minnesota Statutes 2020, section 204C.35, is amended by adding a subdivision
to read:

new text begin Subd. 2a. new text end

new text begin Constitutional amendment recount. new text end

new text begin In a state general election when the
difference between the number of "yes" votes cast on ratification of a proposed constitutional
amendment is within one-quarter percent of the number of all other ballots cast at the
election, the canvassing board shall manually recount the votes on that question, including
the number of "yes" or "no" votes on the question, and the number of ballots that did not
cast a vote on the question. The results of the recount must be certified by the canvassing
board as soon as possible.
new text end

Sec. 13.

Minnesota Statutes 2020, section 204C.35, subdivision 3, is amended to read:

Subd. 3.

Scope of recount.

A recount conducted as provided in this section is limited
in scope to the determination of the number of votes validly cast for the office new text begin or question new text end
to be recounted. Only the ballots cast in the election and the summary statements certified
by the election judges may be considered in the recount process. Original ballots that have
been duplicated under section 206.86, subdivision 5, are not within the scope of a recount
and must not be examined except as provided by a court in an election contest under chapter
209.

ARTICLE 5

FEDERAL FUNDS

Section 1.

Laws 2020, Fifth Special Session chapter 3, article 9, section 13, is amended
to read:

Sec. 13. FUND MAXIMIZATION.

On or after December 31, 2020, the commissioner of management and budget is
authorized to use best efforts to maximize the use of federal CARES Act funding, consistent
with applicable federal guidance deleted text begin , and to use any unobligated amounts to fund eligible state
activities appropriated for deleted text end new text begin . The commissioner may reduce general fund appropriations and
transfers new text end in Laws 2020, deleted text begin chapters deleted text end new text begin chapter new text end 66, 70, 71, 74, or 81 new text begin , or Laws 2020, Seventh Special
Session chapter 2, and corresponding funding amounts are appropriated from the federal
coronavirus relief fund up to the unobligated balance of the fund new text end .

new text begin EFFECTIVE DATE. new text end

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

Sec. 2. new text begin COVID-19 FLEXIBLE RESPONSE ACCOUNT.
new text end

new text begin Subdivision 1. new text end

new text begin Account created. new text end

new text begin The COVID-19 flexible response account is created
within the state fiscal recovery federal fund in the state treasury to pay expenditures eligible
under federal guidance for the state fiscal recovery federal fund. $425,000,000 is transferred
from the state fiscal recovery federal fund to the COVID-19 flexible response account and
is appropriated to the commissioner of management and budget. The commissioner may
transfer funds appropriated under this subdivision to state agencies as necessary. This is a
onetime appropriation. Any money in the account that remains unallocated on July 1, 2022,
cancels to the state fiscal recovery federal fund. Allocated funds are available until June 30,
2023.
new text end

new text begin Subd. 2. new text end

new text begin Legislative COVID-19 Response Commission review. new text end

new text begin (a) The Legislative
COVID-19 Response Commission established under Laws 2020, chapter 71, article 1,
section 7, will review proposed allocations from the COVID-19 flexible response account.
new text end

new text begin (b) The commissioner of management and budget must submit proposed single
expenditures from the COVID-19 flexible response account that exceed $2,500,000 to the
Legislative COVID-19 Response Commission for its review and recommendations. The
submission must include the total amount of the proposed expenditure, the purpose of the
proposed expenditure, the time period of the proposed expenditure, and any additional
information the commissioner of management and budget determines necessary to properly
document the proposed expenditure. Upon receiving a submission, the commission has
three days after the request is submitted to review the proposed expenditures submitted
under this subdivision.
new text end

new text begin (c) Commission members may make a positive recommendation, a negative
recommendation, or no recommendation on a proposed expenditure. If a majority of the
commission members from the senate and a majority of the commission members from the
house of representatives make a negative recommendation on a proposed expenditure, the
commissioner is prohibited from expending the money. If a majority of the commission
members from the senate and a majority of the commission members from the house of
representatives do not make a negative recommendation, or if the commission makes no
recommendation, the commissioner may expend the money.
new text end

new text begin (d) The commission may hold a public meeting to approve or disapprove a proposed
expenditure from the COVID-19 flexible response account. Notwithstanding Minnesota
Statutes, section 3.055, the commission may conduct a public meeting remotely. The
commission may approve or disapprove proposed expenditures without a public meeting.
The commission members may approve or disapprove proposed expenditures via written
communication sent to the commissioner of management and budget.
new text end

new text begin Subd. 3. new text end

new text begin Monthly expenditure report. new text end

new text begin The commissioner of management and budget
must provide reports on the spending from the COVID-19 flexible response account to the
Legislative COVID-19 Response Commission on the last day of each month. The report
must include the total amount of each expenditure, the purpose of each expenditure, and
any additional information the commissioner of management and budget determines is
necessary to properly document each expenditure.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 3. new text begin REVENUE REPLACEMENT; AMERICAN RESCUE PLAN ACT STATE
FISCAL RECOVERY FEDERAL FUND.
new text end

new text begin Subdivision 1. new text end

new text begin Transfer. new text end

new text begin $633,100,000 in fiscal year 2023 and $550,000,000 in fiscal
year 2024 are transferred from the state fiscal recovery federal fund to the general fund for
the provision of government services. The fiscal year 2024 transfer must occur prior to
December 15, 2024. The transfers in this subdivision are onetime.
new text end

new text begin Subd. 2. new text end

new text begin State appropriation alternative. new text end

new text begin (a) If the commissioner of management and
budget determines that the transfers in subdivision 1 are ineligible uses of the state fiscal
recovery federal fund, the transfers in subdivision 1 are canceled, and $633,100,000 is
appropriated from the state fiscal recovery federal fund in fiscal year 2022 to the
commissioner of management and budget to replace eligible general fund appropriations
in the biennium beginning July 1, 2021. Money appropriated to the commissioner of
management and budget is available in either year of the biennium and may be disbursed
or transferred to state agencies as necessary. The general fund appropriations being replaced
are canceled. The commissioner of management and budget must determine eligible
appropriations consistent with Public Law 117-2, and its corresponding guidance for use
of the state fiscal recovery federal fund. For purposes of this subdivision, an ineligible use
includes one that violates a maintenance of effort requirement.
new text end

new text begin (b) If the commissioner of management and budget implements the appropriations in
paragraph (a), the commissioner must cancel $550,000,000 of the forecasted general fund
appropriations in the biennium beginning July 1, 2023, that are eligible to be replaced with
the state fiscal recovery federal fund, under Public Law 117-2, and its corresponding guidance
consistent with the method used in paragraph (a). The commissioner must allocate
$550,000,000 from the state fiscal recovery federal fund from the biennium beginning July
1, 2023, to replace the canceled general fund appropriations. The allocations made by the
commissioner are appropriated in fiscal year 2024 from the state fiscal recovery federal
fund and are available in either year of the biennium, but must be obligated by December
31, 2024. This is a onetime appropriation.
new text end

new text begin (c) Prior to implementing any appropriations or planning estimates under this subdivision,
the commissioner of management and budget must submit the proposed appropriation and
planning estimate changes to the Legislative Advisory Commission for review. Legislative
Advisory Commission members have up to ten days to submit any recommendations
regarding the appropriations to the commissioner.
new text end

new text begin Subd. 3. new text end

new text begin General fund restoration. new text end

new text begin If general fund appropriations in subdivisions 2
and 3 are reduced or replaced with state fiscal recovery federal fund appropriations, those
state fiscal recovery federal fund appropriations are onetime for those years indicated, and
the general fund appropriation base amounts are reinstated in subsequent fiscal years.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 4. new text begin SUSPENSION OF STATUTORY APPROPRIATION; AMERICAN RESCUE
PLAN ACT STATE FISCAL RECOVERY FEDERAL FUND.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, sections 3.3005 and 4.07, $1,150,000,000 of
the federal funds received by the state of Minnesota from its state fiscal recovery federal
fund allocation under Public Law 117-2, must not be spent except pursuant to a direct
appropriation by law.
new text end

new text begin (b) If the funds in this section are not appropriated by the expiration of paragraph (a),
the remaining funds in paragraph (a) are appropriated to the commissioner of management
and budget. The commissioner of management and budget may transfer funds appropriated
under this paragraph to state agencies as necessary. Before spending federal funds
appropriated in this section, the commissioner of management and budget shall report
allocations of funds appropriated under this section and their intended purpose to the
Legislative Advisory Commission, consistent with the urgent federal funds request procedure
under Minnesota Statutes, section 3.3005, subdivisions 4 and 5.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin Paragraph (a) is effective the day following final enactment and
is retroactive to May 17, 2021. Paragraph (a) expires June 15, 2022. Paragraph (b) is effective
the day following final enactment.
new text end