1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/06/2024 04:15pm
A bill for an act
relating to state government; making changes to data practices; establishing the
Office of Collaboration and Dispute Resolution; establishing the Office of
Enterprise Sustainability; removing an expired report on state government use of
eligible contractors; modifying provisions for historic properties and fair campaign
practices; amending Minnesota Statutes 2022, sections 13.04, subdivision 4;
16B.58, by adding a subdivision; 16C.36; 138.081, subdivision 3; 138.665,
subdivision 2; 211B.20, subdivision 1; proposing coding for new law in Minnesota
Statutes, chapter 16B; repealing Minnesota Statutes 2022, sections 179.90; 179.91.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2022, section 13.04, subdivision 4, is amended to read:
(a) An individual subject
of the data may contest the accuracy or completeness of public or private datanew text begin about
themselvesnew text end .
new text begin (b)new text end To exercise this right, an individual shall notify in writing the responsible authoritynew text begin
of the government entity that maintains the data,new text end describing the nature of the disagreement.
new text begin (c) Upon receiving notification from the data subject,new text end the responsible authority shall
within 30 days either:
(1) correct the data found to be inaccurate or incomplete and attempt to notify past
recipients of inaccurate or incomplete data, including recipients named by the individual;
or
(2) notify the individual that the new text begin responsible new text end authority deleted text begin believesdeleted text end new text begin has determinednew text end the data
to be correct.new text begin If the challenged data are determined to be accurate or complete, the responsible
authority shall inform the individual of the right to appeal the determination to the
commissioner as specified under paragraph (d).new text end Data in dispute shall be disclosed only if
the individual's statement of disagreement is included with the disclosed data.
new text begin (d) A data subject may appeal new text end the determination of the responsible authority deleted text begin may be
appealeddeleted text end pursuant to the provisions of the Administrative Procedure Act relating to contested
cases. new text begin An individual must submit an appeal to the commissioner within 60 days of the
responsible authority's notice of the right to appeal or as otherwise provided by the rules of
the commissioner. new text end Upon receipt of an appeal by an individual, the commissioner shall,
before issuing the order and notice of a contested case hearing required by chapter 14, try
to resolve the dispute through education, conference, conciliation, or persuasion. If the
parties consent, the commissioner may refer the matter to mediation. Following these efforts,
the commissioner shall dismiss the appeal or issue the order and notice of hearing.
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(e) The commissioner may dismiss an appeal without first attempting to resolve the
dispute or before issuing an order and notice of a contested case hearing if:
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(1) the appeal to the commissioner is not timely;
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(2) the appeal concerns data previously presented as evidence in a court proceeding in
which the data subject was a party; or
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(3) the individual making the appeal is not the subject of the data challenged as inaccurate
or incomplete.
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deleted text begin (b)deleted text end new text begin (f)new text end Data on individuals that have been successfully challenged by an individual must
be completed, corrected, or destroyed by a government entity without regard to the
requirements of section 138.17.
new text begin (g) new text end After completing, correcting, or destroying successfully challenged data, a government
entity may retain a copy of the commissioner of administration's order issued under chapter
14 or, if no order were issued, a summary of the dispute between the parties that does not
contain any particulars of the successfully challenged data.
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The commissioner of administration shall maintain
the Office of Collaboration and Dispute Resolution within the Department of Administration.
The office must:
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(1) assist state agencies; offices of the executive, legislative, and judicial branches; Tribal
governments; and units of local government in improving collaboration, dispute resolution,
and public engagement;
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(2) promote and utilize collaborative dispute resolution models and processes based on
documented best practices to foster trust, relationships, mutual understanding,
consensus-based resolutions, and wise and durable solutions, including but not limited to:
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(i) using established criteria and procedures for identifying and assessing collaborative
dispute resolution projects;
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(ii) designing collaborative dispute resolution processes;
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(iii) preparing and training participants; and
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(iv) facilitating meetings and group processes using collaborative techniques and
approaches;
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(3) support collaboration and dispute resolution in the public and private sectors by
providing technical assistance and information on best practices and new developments in
dispute resolution fields;
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(4) build capacity and educate the public and government entities on collaboration,
dispute resolution approaches, and public engagement;
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(5) promote the broad use of community mediation in the state; and
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(6) ensure that all areas of the state have access to services by providing grants to private
nonprofit entities certified by the state court administrator under chapter 494 that assist in
resolution of disputes.
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(a) The commissioner
shall, to the extent funds are appropriated for this purpose, make grants to private nonprofit
community mediation entities certified by the state court administrator under chapter 494
that assist in resolution of disputes under subdivision 1, clause (6). The commissioner shall
establish a grant review committee to assist in the review of grant applications and the
allocation of grants under this section.
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(b) To be eligible for a grant under this section, a nonprofit organization must meet the
requirements of section 494.05, subdivision 1, clauses (1), (2), (4), and (5).
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(c) A nonprofit entity receiving a grant must agree to comply with guidelines adopted
by the state court administrator under section 494.015, subdivision 1. Policies adopted under
sections 16B.97 and 16B.98 apply to grants under this section. The exclusions in section
494.03 apply to grants under this section.
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(d) Grantees must report data required under chapter 494 to evaluate quality and
outcomes.
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The commissioner may apply for and receive money made
available from federal, state, or other sources for the purposes of carrying out the mission
of the Office of Collaboration and Dispute Resolution. Funds received under this subdivision
are appropriated to the commissioner for their intended purpose.
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(a) The Office of Enterprise Sustainability is
established to assist all state agencies in making measurable progress toward improving the
sustainability of government operations by reducing the impact on the environment,
controlling unnecessary waste of natural resources and public funds, and spurring innovation.
The office shall create new tools and share best practices, assist state agencies to plan for
and implement improvements, and monitor progress toward achieving intended outcomes.
Specific duties include but are not limited to:
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(1) managing a sustainability metrics and reporting system, including a public dashboard
that allows Minnesotans to track progress and is updated annually;
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(2) assisting agencies in developing and executing sustainability plans; and
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(3) implementing the state building energy conservation improvement revolving loan
in Minnesota Statutes, sections 16B.86 and 16B.87.
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Each cabinet-level agency is required to
participate in the sustainability effort by developing a sustainability plan and by making
measurable progress toward improving associated sustainability outcomes. State agencies
and boards that are not members of the cabinet shall take steps toward improving
sustainability outcomes; however, they are not required to participate at the level of
cabinet-level agencies.
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The Office of Enterprise Sustainability shall make
reasonable attempts to share tools and best practices with local governments.
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Minnesota Statutes 2022, section 16B.58, is amended by adding a subdivision to
read:
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The commissioner shall require that a user of a
charging station located on the State Capitol complex used to charge an electric vehicle pay
an electric service fee as determined by the commissioner.
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Minnesota Statutes 2022, section 16C.36, is amended to read:
The commissioner of administration must make available under a master contract program
a list of eligible contractors who can assist state agencies in using data analytics to:
(1) accomplish agency reorganization along service rather than functional lines in order
to provide more efficient and effective service; and
(2) bring about internal reorganization of management functions in order to flatten the
organizational structure by requiring that decisions are made closer to the service needed,
eliminating redundancies, and optimizing the span of control ratios to public and private
sector industry benchmarks.
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The commissioner of administration must report to the legislature by January 15, 2013,
and January 15, 2014, on state agency use of eligible contractors under this section, and on
improvements in efficiency and effectiveness, including the contract oversight process, of
state services as a result of services provided by contractors.
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Minnesota Statutes 2022, section 138.081, subdivision 3, is amended to read:
The deleted text begin Department of Administrationdeleted text end new text begin Minnesota
Historical Societynew text end is designated as the state agency to administer the provisions of the federal
act providing for the preservation of historical and archaeological data, United States Code,
title deleted text begin 16deleted text end new text begin 54new text end , deleted text begin sections 469 to 469Cdeleted text end new text begin section 312501, as amendednew text end , insofar as the provisions of
the act provide for implementation by the state.
Minnesota Statutes 2022, section 138.665, subdivision 2, is amended to read:
The state, state departments, agencies, and political
subdivisions, including the Board of Regents of the University of Minnesota, have a
responsibility to protect the physical features and historic character of properties designated
in sections 138.662 and 138.664 or listed on the National Register of Historic Places created
by Public Law 89-665. Before carrying out any undertaking that will affect designated or
listed properties, or funding or licensing an undertaking by other parties, the state department
or agency shall consult with the State Historic Preservation Office pursuant to deleted text begin the society'sdeleted text end new text begin
the State Historic Preservation Office'snew text end established procedures to determine appropriate
treatments and to seek ways to avoid and mitigate any adverse effects on designated or
listed properties. If the state department or agency and the State Historic Preservation Office
agree in writing on a suitable course of action, the project may proceed. If the parties cannot
agree, any one of the parties may request that the governor appoint and convene a mediation
task force consisting of five members, two appointed by the governor, the chair of the State
Review Board of the State Historic Preservation Office, the commissioner of administration
or the commissioner's designee, and one member deleted text begin who is not an employee of the Minnesota
Historical Societydeleted text end appointed by the director of the new text begin Minnesota Historical new text end Society. The two
appointees of the governor and deleted text begin the onedeleted text end of the director of the society shall be qualified by
training or experience in one or more of the following disciplines: (1) history; (2)
archaeology; and (3) architectural history. The mediation task force is not subject to the
conditions of section 15.059. This subdivision does not apply to section 138.662, subdivision
24, and section 138.664, subdivisions 8 and 111.
Minnesota Statutes 2022, section 211B.20, subdivision 1, is amended to read:
(a) It is unlawful for a person, either directly or indirectly,
to deny access to an apartment house, dormitory, nursing home, manufactured home park,
other multiple unit facility used as a residence, or an area in which two or more single-family
dwellings are located on private roadways to deleted text begin a candidatedeleted text end new text begin an individualnew text end who deleted text begin hasdeleted text end :
(1)new text begin hasnew text end organized a campaign committee under applicable federal or state law;
(2)new text begin hasnew text end filed a financial report as required by section 211A.02; deleted text begin or
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(3)new text begin hasnew text end filed an affidavit of candidacy for elected officedeleted text begin .deleted text end new text begin ; or
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(4) is a United States Census Bureau employee.
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A candidate granted access under this section must be allowed to be accompanied by
campaign volunteers.
(b)new text begin For candidates,new text end access to a facility or area is only required if it is located within the
district or territory that will be represented by the office to which the candidate seeks election,
and the candidate and any accompanying campaign volunteers seek access exclusively for
the purpose of campaigning for a candidate or registering voters. The candidate must be
seeking election to office at the next general or special election to be held for that office.
(c) A candidate and any accompanying campaign volunteers granted access under this
section must be permitted to leave campaign materials for residents at their doors, except
that the manager of a nursing home may direct that the campaign materials be left at a central
location within the facility. The campaign materials must be left in an orderly manner.
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(d) If a facility or area contains multiple buildings, a candidate and accompanying
volunteers must be permitted to access more than one building on a single visit, but access
is limited to only one building at a time. If multiple candidates are traveling together, each
candidate and that candidate's accompanying volunteers is limited to one building at a time,
but all of the candidates and accompanying volunteers traveling together must not be
restricted to accessing the same building at the same time.
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(d) If a facility or area contains multiple buildings, a candidate and accompanying
volunteers must be permitted to access more than one building on a single visit, but access
is limited to only one building at a time. If multiple candidates are traveling together, each
candidate and that candidate's accompanying volunteers are limited to one building at a
time, but all of the candidates and accompanying volunteers traveling together must not be
restricted to accessing the same building at the same time.
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(e) For a United States Census Bureau employee, access to a facility or area is only
required if access is necessary to complete the employee's official duties on a decennial
census of population. United States Census Bureau employees working on other surveys
and censuses are not granted access under this section.
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(f) A United States Census Bureau employee must be permitted to leave census materials
for residents at their doors. The census materials must be left in an orderly manner.
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(g) If a facility or area contains multiple buildings, a United States Census Bureau
employee must be permitted to access more than one building on a single visit. If multiple
employees are traveling together, they must not be restricted to accessing the same building
at the same time.
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deleted text begin (e)deleted text end new text begin (h)new text end A violation of this section is a petty misdemeanor.
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Minnesota Statutes 2022, sections 179.90; and 179.91,
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are repealed.
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Repealed Minnesota Statutes: S2225-1
No active language found for: 179.90
No active language found for: 179.91