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Capital IconMinnesota Legislature

SF 605

2nd Engrossment - 90th Legislature (2017 - 2018) Posted on 05/10/2017 08:09am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to the operation of state government; appropriating money for the
legislature, governor's office, state auditor, attorney general, secretary of state,
certain agencies, boards, councils, retirement funds; cancellation of certain
appropriations; precluding agencies from transferring money to the governor's
office for services; constraining the state auditor's use of funds for litigation
expenses; requiring the state auditor to reimburse Wright, Becker, and Ramsey
Counties for litigation expenses; limiting the state auditor's rates for 2017; requiring
legislative approval for certain rules; making an ALJ decision the final decision
in contested cases; creating an affirmative defense to certain rule violations;
modifying the employee gainsharing program; requiring the Department of
Administration to assess agencies for certain services; requiring the Office of
MN.IT Services to report its project portfolio to the legislature; limiting severance
pay for highly paid civil service employees; permitting state employees to opt out
of insurance coverage under SEGIP; limiting public employer compensation under
contracts to appropriated amounts; modifying uses for Support Our Troops account;
requiring the Department of Veterans Affairs to develop a policy to grant free or
reduced-cost burials in state veterans cemeteries to eligible indigent dependents
of veterans; providing statutory appropriations to the Racing Commission in the
event of a failure to pass a biennial appropriation; raising caps on Mighty Ducks
grants; modifying expense calculation for the State Lottery; creating an advisory
task force on fiscal notes; setting a deadline for consolidation of state information
technology and for use of cloud-based solutions; creating a legislative commission
to review consolidation of the state's information technology; establishing
requirements for a grandfathered license for eyelash technicians; creating a working
group for a rules status system; creating a grant program for election equipment;
repealing the state auditor enterprise fund; repealing the campaign finance public
subsidy program; repealing lottery payouts to people under 18; amending Minnesota
Statutes 2016, sections 4.46; 6.481, subdivision 6; 6.56, subdivision 2; 6.581,
subdivision 4; 14.18, subdivision 1; 14.27; 14.389, subdivision 3; 14.57; 16A.90;
16B.055, subdivision 1; 16B.371; 16B.4805, subdivisions 2, 4; 16E.0466; 43A.17,
subdivision 11; 43A.24, by adding a subdivision; 155A.23, subdivisions 10, 15,
16, by adding a subdivision; 155A.29, subdivisions 1, 2; 155A.30, subdivisions
2, 5; 179A.20, by adding a subdivision; 190.19, subdivisions 2, 2a; 197.236,
subdivision 9; 240.15, subdivision 6; 240.155, subdivision 1; 240A.09; 349A.08,
subdivision 2; 349A.10, subdivision 6; Laws 2016, chapter 127, section 8;
proposing coding for new law in Minnesota Statutes, chapters 6; 14; 16A; 240;
repealing Minnesota Statutes 2016, sections 6.581, subdivision 1; 10A.30; 10A.31,
subdivisions 1, 3, 3a, 4, 5, 5a, 6, 6a, 7, 7a, 10, 10a, 10b, 11; 10A.315; 10A.321;
10A.322, subdivisions 1, 2, 4; 10A.323; 155A.23, subdivision 8; 349A.08,
subdivision 3.

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

ARTICLE 1

STATE GOVERNMENT APPROPRIATIONS

Section 1. APPROPRIATIONS.

The sums shown in the columns marked "Appropriations" are appropriated to the agencies
and for the purposes specified in this article. The appropriations are from the general fund,
or another named fund, and are available for the fiscal years indicated for each purpose.
The figures "2018" and "2019" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2018, or June 30, 2019, respectively.
"The first year" is fiscal year 2018. "The second year" is fiscal year 2019. "The biennium"
is fiscal years 2018 and 2019.

APPROPRIATIONS
Available for the Year
Ending June 30
2018
2019

Sec. 2. LEGISLATURE

Subdivision 1.

Total Appropriation

$
81,706,000
$
81,512,000
Appropriations by Fund
2018
2019
General
81,578,000
81,384,000
Health Care Access
128,000
128,000

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

Subd. 2.

Senate

32,299,000
32,105,000

Subd. 3.

House of Representatives

32,383,000
32,383,000

During the biennium ending June 30, 2019,
any revenues received by the house of
representatives from voluntary donations to
support broadcast or print media are
appropriated to the house of representatives.

Subd. 4.

Legislative Coordinating Commission

17,024,000
17,024,000
Appropriations by Fund
2018
2019
General
16,896,000
16,896,000
Health Care Access
128,000
128,000

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

$6,180,000 the first year and $6,180,000 the
second year are for the Office of the Revisor
of Statutes.

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.

Sec. 3. GOVERNOR AND LIEUTENANT
GOVERNOR

$
4,605,000
$
4,605,000

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

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

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

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

(d) The following amounts that are budgeted
to be transferred from the specified fund for
the specified agencies to the governor for
personnel costs incurred by the Offices of the
Governor and Lieutenant Governor to support
the agencies during the previous fiscal year
are transferred from the specified fund to the
general fund.

Agency
Fund
2018
2019
Agriculture
Miscellaneous Special
Revenue Fund
41,000
41,000
Housing Finance Agency
Housing Finance Agency
Fund
33,000
33,000
Labor and Industry
Restricted Special
Revenue Fund
41,000
41,000
Iron Range Resources and
Rehabilitation Board
Iron Range Resources
and Rehabilitation Fund
26,000
26,000
Higher Education
Office of Higher
Education Fund
16,000
16,000
Management and Budget
State Employee Group
Insurance Program Fund
21,000
21,000
Public Safety
Restricted Special
Revenue Fund
41,000
41,000
Natural Resources
Miscellaneous Special
Revenue Fund
84,000
84,000
Pollution Control Agency
Miscellaneous Special
Revenue Fund
67,000
67,000
Transportation
Transit Assistance Fund
40,000
40,000
Transportation
County State-Aid Roads
Fund
30,000
30,000
Transportation
Municipal State-Aid
Roads Fund
9,000
9,000

Sec. 4. STATE AUDITOR

Subdivision 1.

Total Appropriation

$
7,062,000
$
7,062,000

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

Subd. 2.

Audit Practice

5,081,000
5,081,000

Subd. 3.

Legal and Special Investigations

318,000
318,000

Subd. 4.

Government Information

598,000
598,000

Subd. 5.

Pension Oversight

448,000
448,000

Subd. 6.

Operations Management

358,000
358,000

Subd. 7.

Constitutional Office

259,000
259,000

Sec. 5. ATTORNEY GENERAL

Subdivision 1.

Total Appropriation

$
22,683,000
$
22,683,000
Appropriations by Fund
2018
2019
General
20,465,000
20,465,000
State Government
Special Revenue
1,823,000
1,823,000
Environmental
145,000
145,000
Remediation
250,000
250,000

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

Subd. 2.

Government Legal Services

3,652,000
3,652,000

Subd. 3.

Regulatory Law and Professions

4,420,000
4,420,000
Appropriations by Fund
2018
2019
General
2,223,000
2,223,000
State Government
Special Revenue
1,802,000
1,802,000
Environmental
250,000
250,000
Remediation
145,000
145,000

Subd. 4.

State Government Services

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

Subd. 5.

Civil Law Section

3,010,000
3,010,000

Subd. 6.

Civil Litigation

1,495,000
1,495,000

Subd. 7.

Administrative Operations

3,949,000
3,949,000

Sec. 6. SECRETARY OF STATE

Subdivision 1.

Total Appropriation

$
7,502,000
$
6,291,000

The base for fiscal year 2020 is $6,180,000
and the base for fiscal year 2021 is
$6,180,000.

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

Subd. 2.

Administration

594,000
606,000

Subd. 3.

Safe at Home

659,000
676,000

Subd. 4.

Business Services

1,617,000
1,391,000

Subd. 5.

Elections

4,632,000
3,618,000

$1,323,000 the first year is for the voting
equipment grant established in article 3,
section 1. This is a onetime appropriation.

Sec. 7. CAMPAIGN FINANCE AND PUBLIC
DISCLOSURE BOARD

$
976,000
$
976,000

Sec. 8. INVESTMENT BOARD

$
139,000
$
139,000

Sec. 9. ADMINISTRATIVE HEARINGS

$
7,633,000
$
7,633,000
Appropriations by Fund
2018
2019
General
383,000
383,000
Workers'
Compensation
7,250,000
7,250,000

Campaign Violations Hearings. $115,000
in fiscal year 2018 and $115,000 in fiscal year
2019 are appropriated from the general fund
for the cost of considering complaints filed
under Minnesota Statutes, section 211B.32.
These amounts may be used in either year of
the biennium.

$6,000 in fiscal year 2018 and $6,000 in fiscal
year 2019 are appropriated from the general
fund to the Office of Administrative Hearings
for the cost of considering data practices
complaints filed under Minnesota Statutes,
section 13.085. These amounts may be used
in either year of the biennium.

Sec. 10. MN.IT SERVICES

$
4,622,000
$
2,622,000

$3,300,000 the first year and $1,300,000 the
second year are for enhancements to
cybersecurity across state government.

$5,000,000 of the unobligated balance as of
March 15, 2017, in the information and
telecommunications technology systems and
services account in the special revenue fund
must be used for enhancements to
cybersecurity across state government. At the
end of the fiscal year 2016-2017 biennium, an
additional $5,000,000 of unexpended agency
operating dollars transferred into the account
must be used for cybersecurity enhancements
across state government. The state chief
information officer must report to the chairs
and ranking minority members of the
committees in the senate and house of
representatives with jurisdiction over state
government finance by August 15, 2017, on
how the $10,000,000 in funds will be used to
enhance cybersecurity.

The commissioner of management and budget
is authorized to provide cash flow assistance
of up to $110,000,000 from the special
revenue fund or other statutory general funds
as defined in Minnesota Statutes, section
16A.671, subdivision 3, paragraph (a), to the
Office of MN.IT Services for the purpose of
managing revenue and expenditure
differences. These funds shall be repaid with
interest by the end of the fiscal year 2019
closing period.

During the biennium ending June 30, 2019,
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.

Sec. 11. ADMINISTRATION

Subdivision 1.

Total Appropriation

$
20,036,000
$
19,536,000

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

Subd. 2.

Government and Citizen Services

7,149,000
7,001,000
(a) Council on Developmental Disabilities
74,000
74,000
(b) Olmstead Plan Increased
Capacity
148,000
-0-
For administrative costs to
provide services to state
agencies under the Olmstead
Plan serving people with
disabilities. This is a onetime
appropriation and is available
until June 30, 2019.
(c) Materials Management
Division
2,400,000
2,400,000
(d) Real Estate and
Construction Services
2,466,000
2,466,000
(e) Enterprise Real Property
Program
674,000
674,000
(f) State Agency
Accommodation
Reimbursement
100,000
100,000
$100,000 the first year and
$100,000 the second year are
credited to the accommodation
account established in
Minnesota Statutes, section
16B.4805.
(g) State Archeologist
215,000
215,000
(h) Information Policy
Analysis
525,000
525,000
(i) State Demographer
547,000
547,000

Subd. 3.

Strategic Management

1,858,000
1,858,000

Subd. 4.

Fiscal Agent

11,277,000
10,777,000

The appropriations under this section are to
the commissioner of administration for the
purposes specified.

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

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

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

(c) $100,000 the first year is for a grant to
Twin Cities Public Television to produce the
Vietnam: Minnesota Remembers project.

(d) The commissioner of administration must
consider the recommendations of the
Minnesota Public Television Association
before allocating the amount appropriated in
paragraphs (a) and (b) for equipment or
matching grants.

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

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

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

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

(i) The appropriations in paragraphs (e), (f),
(g), and (h), may not be used for indirect costs
claimed by an institution or governing body.

(j) The commissioner of administration must
consider the recommendations of the
Minnesota Public Educational Radio Stations
before awarding grants under Minnesota
Statutes, section 129D.14, using the
appropriations in paragraphs (e) and (f). 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, 2015.

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

Sec. 12. CAPITOL AREA ARCHITECTURAL
AND PLANNING BOARD

$
327,000
$
327,000

Sec. 13. MINNESOTA MANAGEMENT AND
BUDGET

Subdivision 1.

Total Appropriation

$
21,922,000
$
21,922,000

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

Subd. 2.

Accounting Services

4,489,000
4,489,000

Subd. 3.

Budget Services

3,376,000
3,376,000

Subd. 4.

Economic Analysis

507,000
507,000

Subd. 5.

Debt Management

439,000
439,000

Subd. 6.

Enterprise Human Resources

3,209,000
3,209,000

Subd. 7.

Labor Relations

1,039,000
1,039,000

Subd. 8.

Agency Administration

7,870,000
7,870,000

Subd. 9.

Enterprise Communication and
Planning

993,000
993,000

The commissioner must report to the chairs
and ranking minority members of the
committees in the senate and house of
representatives with jurisdiction over state
government finance by September 15 of each
year on funding for the executive recruiter
position that was supported by appropriations
to other agencies during the previous fiscal
year.

Sec. 14. REVENUE

Subdivision 1.

Total Appropriation

$
141,784,000
$
141,784,000
Appropriations by Fund
2018
2019
General
137,548,000
137,548,000
Health Care Access
1,749,000
1,749,000
Highway User Tax
Distribution
2,184,000
2,184,000
Environmental
303,000
303,000

The commissioner must give priority to
processing personal income tax returns,
taxpayer fraud prevention, and assure that
taxpayer refunds are not delayed when
determining spending plans for each of the
activities in this section. The commissioner
may transfer agency operational money
between activities within the same fund in this
section if it is determined that there is
insufficient money within an activity to meet
these priorities. Any transfers of money within
activities must be reported two weeks prior to
the transfer taking place to the chairs and
ranking minority members of the committees
in the house of representatives and senate with
jurisdiction over state government finance.

Subd. 2.

Tax System Management

114,313,000
114,313,000
Appropriations by Fund
2018
2019
General
110,077,000
110,077,000
Health Care Access
1,749,000
1,749,000
Highway User Tax
Distribution
2,184,000
2,184,000
Environmental
303,000
303,000
(a) Operations Support
General
9,627,000
9,627,000
Health Care Access
126,000
126,000

Taxpayer Assistance Grants. $400,000 in
fiscal year 2018 and $400,000 in fiscal year
2019 from the general fund are for grants to
one or more nonprofit organizations,
qualifying under section 501(c)(3) of the
Internal Revenue Code of 1986, to coordinate,
facilitate, encourage, and aid in the provision
of taxpayer assistance services. The
unencumbered balance in the first year does
not cancel but is available for the second year.

For purposes of this appropriation, "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, Minnesota
property tax refund claims, and to provide
personal representation before the Department
of Revenue and Internal Revenue Service.

(b) Appeals, Legal Services, and Tax Research
General
6,961,000
6,961,000
Health Care Access
113,000
113,000
(c) Payment and Return Processing
General
12,650,000
12,650,000
Health Care Access
51,000
51,000
Highway User Tax
Distribution
343,000
343,000
(d) Administration of State Taxes
General
54,958,000
54,958,000
Health Care Access
1,407,000
1,407,000
Highway User Tax
Distribution
1,621,000
1,621,000
Environmental
303,000
303,000
(e) Technology Development, Implementation,
and Support
General
21,873,000
21,873,000
Health Care Access
52,000
52,000
Highway User Tax
Distribution
220,000
220,000
(f) Property Tax Administration and State Aid
General
4,008,000
4,008,000

Subd. 3.

Debt Collection Management

27,471,000
27,471,000

Sec. 15. GAMBLING CONTROL

$
3,324,000
$
3,324,000

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

Sec. 16. RACING COMMISSION

$
835,000
$
890,000

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

Sec. 17. STATE LOTTERY

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

Sec. 18. AMATEUR SPORTS COMMISSION

$
7,458,000
$
292,000

Mighty Ducks. $7,166,000 in fiscal year 2018
is appropriated from the general fund for the
purpose of making grants under Minnesota
Statutes, section 240A.09, paragraph (b). This
appropriation is onetime and is available until
June 30, 2019.

Sec. 19. COUNCIL ON MINNESOTANS OF
AFRICAN HERITAGE

$
401,000
$
401,000

Sec. 20. COUNCIL ON LATINO AFFAIRS

$
386,000
$
386,000

Sec. 21. COUNCIL ON ASIAN-PACIFIC
MINNESOTANS

$
364,000
$
364,000

Sec. 22. INDIAN AFFAIRS COUNCIL

$
576,000
$
576,000

Sec. 23. MINNESOTA HISTORICAL
SOCIETY

Subdivision 1.

Total Appropriation

$
21,013,000
$
21,013,000

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

Subd. 2.

Operations and Programs

20,731,000
20,731,000

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.

Subd. 3.

Fiscal Agent

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

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

Sec. 24. BOARD OF THE ARTS

Subdivision 1.

Total Appropriation

$
7,500,000
$
7,500,000

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

Subd. 2.

Operations and Services

561,000
561,000

Subd. 3.

Grants Program

4,800,000
4,800,000

Subd. 4.

Regional Arts Councils

2,139,000
2,139,000

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

Projects located in Minnesota; travel
restriction.
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.

Sec. 25. MINNESOTA HUMANITIES CENTER

$
332,000
$
332,000

Sec. 26. BOARD OF ACCOUNTANCY

$
609,000
$
609,000

Sec. 27. BOARD OF ARCHITECTURE
ENGINEERING, LAND SURVEYING,
LANDSCAPE ARCHITECTURE,
GEOSCIENCE, AND INTERIOR DESIGN

$
754,000
$
754,000

Sec. 28. BOARD OF COSMETOLOGIST
EXAMINERS

$
2,455,000
$
2,455,000

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

Sec. 29. BOARD OF BARBER EXAMINERS

$
308,000
$
308,000

Sec. 30. GENERAL CONTINGENT
ACCOUNTS

$
1,000,000
$
500,000
Appropriations by Fund
2018
2019
General
500,000
-0-
State Government
Special Revenue
400,000
400,000
Workers'
Compensation
100,000
100,000

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

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

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

Sec. 31. TORT CLAIMS

$
161,000
$
161,000

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

Sec. 32. MINNESOTA STATE RETIREMENT
SYSTEM

Subdivision 1.

Total Appropriation

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

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

Subd. 2.

Combined Legislators and
Constitutional Officers Retirement Plan

8,893,000
9,071,000

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

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

Subd. 3.

Judges Retirement Plan

6,000,000
6,000,000

For transfer to the judges retirement fund
under Minnesota Statutes, section 490.123.
$6,000,000 each fiscal year is included in the
base for fiscal years 2020 and 2021. This
transfer continues each fiscal year until the
judges retirement plan reaches 100 percent
funding as determined by an actuarial
valuation prepared according to Minnesota
Statutes, section 356.214.

Sec. 33. PUBLIC EMPLOYEES RETIREMENT
ASSOCIATION

$
16,000,000
$
16,000,000

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, 2017, and
$16,000,000 on September 15, 2018.

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

Sec. 34. TEACHERS RETIREMENT
ASSOCIATION

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

The amounts estimated to be needed are as
follows:

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

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

Sec. 35. ST. PAUL TEACHERS RETIREMENT
FUND

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

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

Sec. 36. MILITARY AFFAIRS

Subdivision 1.

Total Appropriation

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

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

Subd. 2.

Maintenance of Training Facilities

6,661,000
6,661,000

Subd. 3.

General Support

2,607,000
2,607,000

Subd. 4.

Enlistment Incentives

10,348,000
10,348,000

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

Sec. 37. VETERANS AFFAIRS

Subdivision 1.

Total Appropriation

$
74,384,000
$
74,374,000
Appropriations by Fund
2018
2019
General
74,179,000
74,179,000
Special Revenue
205,000
195,000

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

Subd. 2.

Veterans Programs and Services

17,166,000
17,156,000
Appropriations by Fund
2018
2019
General
16,961,000
16,961,000
Special Revenue
205,000
195,000

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

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

(1) utilities;

(2) employment; and

(3) legal issues.

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

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

Minnesota GI Bill. $200,000 each year is for
the costs of administering the Minnesota GI
Bill postsecondary educational benefits,
on-the-job training, and apprenticeship
program under Minnesota Statutes, section
197.791. Of this amount, $100,000 is for
transfer to the Office of Higher Education.

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

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

Veterans' Voices. $25,000 in fiscal year 2018
and $25,000 in fiscal year 2019 are for a grant
to the Association of Minnesota Public
Educational Radio Stations for statewide
programming to promote the Veterans' Voices
program. The Veterans' Voices program shall
educate and engage communities regarding
veterans' contributions, knowledge, skills, and
experiences with an emphasis on Korean War
veterans and Operation Desert Storm veterans.
These appropriations are from the Support Our
Troops account in the special revenue fund.
This is a onetime appropriation and is not
added to the base.

Veterans Defense Project. $90,000 in fiscal
year 2018 and $85,000 in fiscal year 2019 are
for grants to the Veterans Defense Project.
The Veterans Defense Project must use the
grant money to support, through education,
outreach, and legal assistance, military
veterans who are involved with the criminal
justice system. These appropriations are from
the Support Our Troops account in the special
revenue fund. This is a onetime appropriation
and is not added to the base.

Veterans Journey Home; Appropriation.
$90,000 in fiscal year 2018 and $85,000 in
fiscal year 2019 are for a grant to the Veterans
Journey Home. The Veterans Journey Home
must use the grant money to support the
development of new or rehabbed affordable
housing dedicated for low-to-moderate income
veterans and their families. These
appropriations are from the Support Our
Troops account in the special revenue fund.
This is a onetime appropriation and is not
added to the base.

Subd. 3.

Veterans Homes

57,218,000
57,218,000

Veterans Homes Special Revenue Account.
The general fund appropriations made to the
department may be transferred to a veterans
homes special revenue account in the special
revenue fund in the same manner as other
receipts are deposited according to Minnesota
Statutes, section 198.34, and are appropriated
to the department for the operation of veterans
homes facilities and programs.

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

Sec. 38. MILITARY AFFAIRS; TRANSFER
AUTHORITY

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

Sec. 39. SAVINGS FROM INSURANCE OPT OUT; APPROPRIATION
REDUCTION FOR EXECUTIVE AGENCIES.

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

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

Sec. 40. SAVINGS FROM INFORMATION TECHNOLOGY CONSOLIDATION
COMPLETION; APPROPRIATION REDUCTION FOR MN.IT.

The appropriation to the Office of MN.IT Services for the biennium ending June 30,
2019, is reduced by $3,000,000 due to savings on personnel costs resulting from efficiencies
achieved through completion of the executive branch information technology consolidation
required by Laws 2011, First Special Session chapter 10, article 4, section 7, as amended
by Laws 2013, chapter 134, section 29.

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

Sec. 41. APPROPRIATION CANCELLATIONS.

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

ARTICLE 2

MISCELLANEOUS

Section 1.

Minnesota Statutes 2016, section 4.46, is amended to read:


4.46 WASHINGTON OFFICE.

The governor may appoint employees for the Washington, D.C., office of the state of
Minnesota and may prescribe their duties. In the operation of the office, the governor may
expend money appropriated by the legislature to the governor for promotional purposes in
the same manner as private persons, firms, corporations, and associations expend money
for promotional purposes. Promotional expenditures for food, lodging, or travel are not
governed by the travel rules of the commissioner of management and budget. An agency
may not transfer money to the governor for services provided by the governor or expenses
incurred in operating a Washington, D.C., office or for staff working on federal issues.

Sec. 2.

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


Subd. 6.

Payments to state auditor.

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

Sec. 3.

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


Subd. 2.

Billings by state auditor.

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

Sec. 4.

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


Subd. 4.

Reports to legislature.

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

Sec. 5.

[6.92] LITIGATION EXPENSES.

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

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

Sec. 6.

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

Subdivision 1.

Definition.

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

Subd. 2.

Impact on housing cost; agency determination.

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

Subd. 3.

Notice to legislature; legislative approval.

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

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

Subd. 4.

Severability.

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

EFFECTIVE DATE.

This section is effective August 1, 2017, and applies to
administrative rules proposed on or after that date.

Sec. 7.

Minnesota Statutes 2016, section 14.18, subdivision 1, is amended to read:


Subdivision 1.

Generally.

Unless a later date is required by section 14.126 or other law
or is specified in the rule,
a rule is effective after:

(1) it has been subjected to all requirements described in sections 14.131 to 14.20 and
five working days after
;

(2) the notice of adoption is published in the State Register unless a later date is required
by section 14.126 or other law or specified in the rule
; and

(3) it has been approved by a law enacted after publication of the notice of adoption. if
any of the following applies:

(i) the rule is enacted without a specific authorization of rulemaking to enact rules to
implement a specific statute section;

(ii) a sanction or penalty can be imposed for failure to comply with the rule; or

(iii) the regulating agency has the authority to adjudicate a dispute with a regulated entity
about enforcement of or violation of the rule.

If the rule adopted is the same as the proposed rule, publication may be made by
publishing notice in the State Register that the rule has been adopted as proposed and by
citing the prior publication. If the rule adopted differs from the proposed rule, the portions
of the adopted rule that differ from the proposed rule must be included in the notice of
adoption together with a citation to the prior State Register publication of the remainder of
the proposed rule. The nature of the modifications must be clear to a reasonable person
when the notice of adoption is considered together with the State Register publication of
the proposed rule, except that modifications may also be made that comply with the form
requirements of section 14.07, subdivision 7.

If the agency omitted from the notice of proposed rule adoption the text of the proposed
rule, as permitted by section 14.14, subdivision 1a, paragraph (b), the chief administrative
law judge may provide that the notice of the adopted rule need not include the text of any
changes from the proposed rule. However, the notice of adoption must state in detail the
substance of the changes made from the proposed rule, and must state that a free copy of
the portion of the adopted rule that was the subject of the rulemaking proceeding, not
including any material adopted by reference as permitted by section 14.07, is available upon
request to the agency.

Sec. 8.

Minnesota Statutes 2016, section 14.27, is amended to read:


14.27 PUBLICATION OF ADOPTED RULE; EFFECTIVE DATE.

(a) Except as provided in paragraph (b), the rule is effective upon after publication of
the notice of adoption in the State Register in the same manner as provided for adopted
rules in section 14.18.

(b) A rule is effective after publication of the notice of adoption in the State Register
and after approval by law in the same manner as provided for adopted rules in section 14.18,
if any of the following applies:

(1) the rule is enacted without a specific authorization of rulemaking to enact rules to
implement a specific statute section;

(2) a sanction or penalty can be imposed for failure to comply with the rule; or

(3) the regulating agency has the authority to adjudicate a dispute with a regulated entity
about enforcement of or violation of the rule.

EFFECTIVE DATE.

This section is effective the day following final enactment and
applies to rules for which a notice of adoption is published on or after that date.

Sec. 9.

Minnesota Statutes 2016, section 14.389, subdivision 3, is amended to read:


Subd. 3.

Adoption.

(a) The agency may modify a proposed rule if the modifications do
not result in a substantially different rule, as defined in section 14.05, subdivision 2,
paragraphs (b) and (c). If the final rule is identical to the rule originally published in the
State Register, the agency must publish a notice of adoption in the State Register. If the
final rule is different from the rule originally published in the State Register, the agency
must publish a copy of the changes in the State Register. The agency must also file a copy
of the rule with the governor. The rule is effective upon publication in the State Register.

(b) Except as provided in paragraph (c), the rule is effective upon publication in the
State Register.

(c) The rule is effective upon publication of the notice of adoption if it has been approved
by a law enacted after publication of the notice of adoption, if any of the following applies:

(1) the rule is enacted without a specific authorization of rulemaking to enact rules to
implement a specific statute section;

(2) a sanction or penalty can be imposed for failure to comply with the rule; or

(3) the regulating agency has the authority to adjudicate a dispute with a regulated entity
about enforcement of or violation of the rule.

EFFECTIVE DATE.

This section is effective the day following final enactment and
applies to rules for which a notice of adoption is published on or after that date.

Sec. 10.

Minnesota Statutes 2016, section 14.57, is amended to read:


14.57 INITIATION; DECISION; AGREEMENT TO ARBITRATE.

(a) An agency shall initiate a contested case proceeding when one is required by law.
Unless otherwise provided by law, An agency shall decide submit a contested case only to
the Office of Administrative Hearings for disposition
in accordance with the contested case
procedures of the Administrative Procedure Act. Upon initiation of a contested case
proceeding, an agency may, by order, provide that the report or order of the administrative
law judge constitutes the final decision in the case.

(b) As an alternative to initiating or continuing with a contested case proceeding, the
parties, subsequent to agency approval, may enter into a written agreement to submit the
issues raised to arbitration by an administrative law judge according to sections 572B.01
to 572B.31.

EFFECTIVE DATE.

This section is effective August 1, 2017, and applies to contested
cases initiated on or after that date.

Sec. 11.

[14.605] AFFIRMATIVE DEFENSE.

In a contested case or any other action to enforce a rule or to sanction or penalize a
person for violation of a rule, a person shall have an affirmative defense if the person shows
by a preponderance of the evidence that the cost for the person to comply with the rule
exceeds $50,000.

EFFECTIVE DATE.

This section is effective the day following final enactment and
applies to rules for which a notice of adoption is published on or after that date.

Sec. 12.

[16A.1282] TRANSFERS TO THE GOVERNOR.

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

Sec. 13.

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


16A.90 EMPLOYEE GAINSHARING SYSTEM.

Subdivision 1.

Commissioner must establish program.

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

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

(2) the award must may be paid in an amount up to $2,500 per employee per award from
the an appropriation to which the savings accrued the agency for operations that is not
otherwise designated for a specific purpose by law
; and

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

Subd. 2.

Biannual legislative report.

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

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

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

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

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

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

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

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

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

Sec. 14.

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


Subdivision 1.

Federal Assistive Technology Act.

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

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

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

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

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

(3) the Workforce Development Council; and

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

Sec. 15.

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


16B.371 ASSISTANCE TO SMALL AGENCIES.

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

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

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

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

Sec. 16.

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


Subd. 2.

Reimbursement for making reasonable accommodation.

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

Sec. 17.

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


Subd. 4.

Administration costs.

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

Sec. 18.

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


16E.0466 STATE AGENCY TECHNOLOGY PROJECTS.

Subdivision 1.

Consultation required.

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

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

Subd. 2.

Legislative report.

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

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

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

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

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

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

Sec. 19.

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


Subd. 11.

Severance pay for certain employees.

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

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

(1) six months pay; or

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

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

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

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

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

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

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 20.

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


Subd. 1a.

Opt out.

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

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

Sec. 21.

Minnesota Statutes 2016, section 155A.23, is amended by adding a subdivision
to read:


Subd. 9a.

Salon manager.

A "salon manager" is any person who is a practitioner and
licensed to serve as a designated licensed salon manager, as defined in section 155A.23,
subdivision 15.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 22.

Minnesota Statutes 2016, section 155A.23, subdivision 10, is amended to read:


Subd. 10.

School.

A "school" is a place where any person operates and maintains a class
to teach
provides training on regulated cosmetology to the public for compensation services
requiring licensure
. "School" does not include a place where the only teaching of cosmetology
is done by a licensed cosmetologist as part of a community education program of less than
ten hours duration, provided that the program does not permit practice on persons other
than students in the program, and provided that the program is intended solely for the
self-improvement of the students and not as preparation for professional practice.
continuing
education course required for license renewal, additional training offered to licensed
individuals, or training intended solely for the self-improvement of the attendees and not
as preparation for professional practice.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 23.

Minnesota Statutes 2016, section 155A.23, subdivision 15, is amended to read:


Subd. 15.

Designated licensed salon manager.

A "designated licensed salon manager"
is a licensed salon manager designated by a salon owner and registered with the board, who
is responsible with the salon owner for salon and practitioner compliance.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 24.

Minnesota Statutes 2016, section 155A.23, subdivision 16, is amended to read:


Subd. 16.

School manager.

A "school manager" is a cosmetologist who is a salon
manager and who has a school manager license. A school manager must maintain an active
salon manager's license
person who is licensed to serve as a designated school manager, as
defined in section 155A.23, subdivision 17
.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 25.

Minnesota Statutes 2016, section 155A.29, subdivision 1, is amended to read:


Subdivision 1.

Licensing.

A person must not offer cosmetology services for compensation
unless the services are provided by a licensee in a licensed salon or as otherwise provided
in this section. Each salon must be licensed as a cosmetology salon, a nail salon, esthetician
salon, advanced practice esthetician salon, or eyelash extension salon. A salon may hold
more than one type of salon license
.

Sec. 26.

Minnesota Statutes 2016, section 155A.29, subdivision 2, is amended to read:


Subd. 2.

Requirements.

The conditions and process by which a salon is licensed shall
be established by the board by rule. In addition to those requirements, no license shall be
issued unless the board first determines that the conditions in clauses (1) to (5) have been
satisfied:

(1) compliance with all local and state laws, particularly relating to matters of infection
control, health, and safety;

(2) the employment appointment of a designated licensed salon manager, as defined in
section 155A.23, subdivision 8 15;

(3) if applicable, evidence of compliance with workers' compensation section 176.182;
and

(4) evidence of continued professional liability insurance coverage of at least $25,000
for each claim and $50,000 total coverage for each policy year for each operator.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 27.

Minnesota Statutes 2016, section 155A.30, subdivision 2, is amended to read:


Subd. 2.

Standards.

The board shall by rule establish minimum standards of course
content and length specific to the educational preparation prerequisite to testing and
practitioner licensing as cosmetologist, esthetician, and nail technician.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 28.

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


Subd. 5.

Conditions precedent to issuance.

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

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

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

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

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

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

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

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

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

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

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 29.

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


Subd. 2b.

Limited by appropriation.

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

Sec. 30.

Minnesota Statutes 2016, section 190.19, subdivision 2, is amended to read:


Subd. 2.

Uses.

(a) Money appropriated from the Minnesota "Support Our Troops" account
to the Department of Military Affairs may be used for:

(1) grants directly to eligible individuals;

(2) grants to one or more eligible foundations for the purpose of making grants to eligible
individuals, as provided in this section;

(3) veterans' services; or

(4) grants to family readiness groups chartered by the adjutant general; or

(5) up to $500,000 per fiscal year for bonus programs as defined in section 192.501.

(b) As used in paragraph (a), the term "eligible individual" includes any person who is:

(1) a member in good standing of the Minnesota National Guard or a reserve unit based
in Minnesota who has been called to active service as defined in section 190.05, subdivision
5
;

(2) a Minnesota resident who is a member of a military reserve unit not based in
Minnesota, if the member is called to active service as defined in section 190.05, subdivision
5
;

(3) any other Minnesota resident performing active service for any branch of the military
of the United States;

(4) a person who honorably served in one of the capacities listed in clause (1), (2), or
(3) who has current financial needs directly related to that service; and

(5) a member of the immediate family of an individual identified in clause (1), (2), (3),
or (4). For purposes of this clause, "immediate family" means the individual's spouse and
minor children and, if they are dependents of the member of the military, the member's
parents, grandparents, siblings, stepchildren, and adult children.

(c) As used in paragraph (a), the term "eligible foundation" includes any organization
that:

(1) is a tax-exempt organization under section 501(c)(3) of the Internal Revenue Code;

(2) has articles of incorporation under chapter 317A specifying the purpose of the
organization as including the provision of financial assistance to members of the Minnesota
National Guard and other United States armed forces reserves and their families and
survivors; and

(3) agrees in writing to distribute any grant money received from the adjutant general
under this section to eligible individuals as defined in this section and in accordance with
any written policies and rules the adjutant general may impose as conditions of the grant to
the foundation.

(d) The maximum grant awarded to an eligible individual under paragraph (a) in a
calendar year with funds from the Minnesota "Support Our Troops" account, either through
an eligible institution or directly from the adjutant general, may not exceed $2,000 $4,000.

Sec. 31.

Minnesota Statutes 2016, section 190.19, subdivision 2a, is amended to read:


Subd. 2a.

Uses; veterans.

(a) Money appropriated to the Department of Veterans Affairs
from the Minnesota "Support Our Troops" account may be used for:

(1) grants to veterans service organizations;

(2) outreach to underserved veterans;

(3) providing services and programs for veterans and their families;

(4) transfers to the vehicle services account for Gold Star license plates under section
168.1253;

(5) grants of up to $100,000 to any organization approved by the commissioner of
veterans affairs for the purpose of supporting and improving the lives of veterans and their
families; and

(6) grants to an eligible foundation;

(7) the agency's uncompensated burial costs for eligible dependents to whom the
commissioner grants a no-fee or reduced-fee burial in the state's veteran cemeteries pursuant
to section 197.236, subdivision 9, paragraph (b); and

(8) grants of up to $3,000 to a disabled veteran to construct disability access
improvements in or around the disabled veteran's residence
.

(b) For purposes of this subdivision, "eligible foundation" includes any organization
that:

(1) is a tax-exempt organization under section 501(c) of the Internal Revenue Code; and

(2) is a nonprofit corporation under chapter 317A and the organization's articles of
incorporation specify that a purpose of the organization includes: (i) providing assistance
to veterans and their families; or (ii) enhancing the lives of veterans and their families.

Sec. 32.

Minnesota Statutes 2016, section 197.236, subdivision 9, is amended to read:


Subd. 9.

Burial fees.

(a) The commissioner of veterans affairs shall establish a fee
schedule, which may be adjusted from time to time, for the interment of eligible spouses
and dependent children. The fees shall cover as nearly as practicable the actual costs of
interment, excluding the value of the plot.

(b) Upon application, the commissioner may waive or reduce the burial fee in the case
of
for an indigent eligible person. The commissioner shall develop a policy, eligibility
standards, and application form for requests to waive or reduce the burial fee to indigent
eligible applicants.

(c) No plot or interment fees may be charged for the burial of service members who die
on active duty or eligible veterans, as defined in United States Code, title 38, section 101,
paragraph (2).

Sec. 33.

Minnesota Statutes 2016, section 240.15, subdivision 6, is amended to read:


Subd. 6.

Disposition of proceeds; account.

The commission shall distribute all money
received under this section, and, except as provided otherwise by section 240.131, all money
received from license fees, regulatory fees, and fines it collects, according to this subdivision.
All money designated for deposit in the Minnesota breeders fund must be paid into that
fund for distribution under section 240.18 except that all money generated by simulcasts
must be distributed as provided in section 240.18, subdivisions 2, paragraph (d), clauses
(1), (2), and (3); and 3. Revenue from an admissions tax imposed under subdivision 1 must
be paid to the local unit of government at whose request it was imposed, at times and in a
manner the commission determines. Taxes received under this section must be paid to the
commissioner of management and budget for deposit in the general fund. All revenues from
licenses and other fees imposed by the commission must be deposited in the state treasury
and credited to a racing and card playing regulation account in the special revenue fund.
Receipts in this account are available for the operations of the commission up to the amount
authorized in biennial appropriations from the legislature. If a fiscal biennium ends without
the enactment of an appropriation to the commission for the following biennium, receipts
in this account are annually appropriated to the commission for the operations of the
commission up to the amount authorized in the second year of the most recently enacted
biennial appropriation, until a biennial appropriation is enacted.

Sec. 34.

Minnesota Statutes 2016, section 240.155, subdivision 1, is amended to read:


Subdivision 1.

Reimbursement account credit.

Money received by the commission as
reimbursement for the costs of services provided by veterinarians, stewards, and medical
testing of horses, and fees received by the commission in the form of fees for regulatory
services
must be deposited in the state treasury and credited to a racing reimbursement
account in the special revenue fund, except as provided under subdivision 2. Receipts are
appropriated, within the meaning of article XI, section 1, of the Minnesota Constitution, to
the commission to pay the costs of providing the services and all other costs necessary to
allow the commission to fulfill its regulatory oversight duties required by chapter 240 and
commission rule. If the major appropriation bills needed to finance state government are
not enacted by the beginning of a fiscal biennium, the commission shall continue operations
as required by chapter 240 and commission rule
.

Sec. 35.

[240.1561] APPROPRIATION FOR FUNCTIONS SUPPORTING ONGOING
OPERATION OF THE RACING COMMISSION.

If, by July 1 of an odd-numbered year, legislation has not been enacted to appropriate
money for the next biennium to the commissioner of management and budget for central
accounting, procurement, payroll, and human resources functions, amounts necessary to
operate those functions associated with operation of the Racing Commission under chapter
240 are appropriated for the next biennium from the general fund to the commissioner of
management and budget. As necessary, the commissioner may transfer a portion of this
appropriation to other state agencies to support carrying out these functions. Any subsequent
appropriation to the commissioner of management and budget for a biennium in which this
section has been applied shall supersede and replace the funding authorized in this section.

Sec. 36.

Minnesota Statutes 2016, section 240A.09, is amended to read:


240A.09 PLAN DEVELOPMENT; CRITERIA.

The Minnesota Amateur Sports Commission shall develop a plan to promote the
development of proposals for new statewide public ice facilities including proposals for ice
centers and matching grants based on the criteria in this section.

(a) For ice center proposals, the commission will give priority to proposals that come
from more than one local government unit. Institutions of higher education are not eligible
to receive a grant.

(b) The commission must give priority to grant applications for indoor air quality
improvements and projects that eliminate R-22. For purposes of this section:

(1) "indoor air quality improvements" means: (i) renovation or replacement of heating,
ventilating, and air conditioning systems in existing indoor ice arenas whose ice resurfacing
and ice edging equipment are not powered by electricity in order to reduce concentrations
of carbon monoxide and nitrogen dioxide; and (ii) acquisition of zero-emission ice resurfacing
and ice edging equipment. The new or renovated systems may include continuous electronic
air monitoring devices to automatically activate the ventilation systems when the
concentration of carbon monoxide or nitrogen dioxide reaches a predetermined level; and

(2) "projects that eliminate R-22," means replacement of ice-making systems in existing
public facilities that use R-22 as a refrigerant, with systems that use alternative
non-ozone-depleting refrigerants.

(c) In the metropolitan area as defined in section 473.121, subdivision 2, the commission
is encouraged to give priority to the following proposals:

(1) proposals for construction of two or more ice sheets in a single new facility;

(2) proposals for construction of an additional sheet of ice at an existing ice center;

(3) proposals for construction of a new, single sheet of ice as part of a sports complex
with multiple sports facilities; and

(4) proposals for construction of a new, single sheet of ice that will be expanded to a
two-sheet facility in the future.

(d) The commission shall administer a site selection process for the ice centers. The
commission shall invite proposals from cities or counties or consortia of cities. A proposal
for an ice center must include matching contributions including in-kind contributions of
land, access roadways and access roadway improvements, and necessary utility services,
landscaping, and parking.

(e) Proposals for ice centers and matching grants must provide for meeting the demand
for ice time for female groups by offering up to 50 percent of prime ice time, as needed, to
female groups. For purposes of this section, prime ice time means the hours of 4:00 p.m.
to 10:00 p.m. Monday to Friday and 9:00 a.m. to 8:00 p.m. on Saturdays and Sundays.

(f) The location for all proposed facilities must be in areas of maximum demonstrated
interest and must maximize accessibility to an arterial highway.

(g) To the extent possible, all proposed facilities must be dispersed equitably, must be
located to maximize potential for full utilization and profitable operation, and must
accommodate noncompetitive family and community skating for all ages.

(h) The commission may also use the money to upgrade current facilities, purchase girls'
ice time, or conduct amateur women's hockey and other ice sport tournaments.

(i) To the extent possible, 50 percent of all grants must be awarded to communities in
greater Minnesota.

(j) To the extent possible, technical assistance shall be provided to Minnesota
communities by the commission on ice arena planning, design, and operation, including the
marketing of ice time and on projects described in paragraph (b).

(k) A grant for new facilities may not exceed $250,000.

(l) The commission may make grants for rehabilitation and renovation. A rehabilitation
or renovation grant for air quality may not exceed $200,000 and a rehabilitation or renovation
grant for R-22 elimination may not exceed $50,000 $250,000 for indirect cooling systems
and may not exceed $400,000 $500,000 for direct cooling systems. Priority must be given
to grant applications for indoor air quality improvements, including zero emission ice
resurfacing equipment, and for projects that eliminate R-22.

(m) Grant money may be used for ice centers designed for sports other than hockey.

(n) Grant money may be used to upgrade existing facilities to comply with the bleacher
safety requirements of section 326B.112.

Sec. 37.

Minnesota Statutes 2016, section 349A.08, subdivision 2, is amended to read:


Subd. 2.

Prizes not assignable.

A prize in the state lottery is not assignable except as
provided in subdivision 3 and
except that:

(1) if a prize winner dies before the prize is paid, the director shall pay the prize to the
prize winner's estate; and

(2) the director may pay a prize to a person other than the winner of that prize under an
appropriate court order.

Sec. 38.

Minnesota Statutes 2016, section 349A.10, subdivision 6, is amended to read:


Subd. 6.

Budget; plans.

(a) The director shall prepare and submit a biennial budget plan
to the commissioner of management and budget. The governor shall recommend the
maximum amount available for the lottery in the budget the governor submits to the
legislature under section 16A.11. The maximum amount available to the lottery for operating
expenses and capital expenditures shall be determined by law. In addition, the director shall
appear at least once each fiscal year before the senate and house of representatives committees
having jurisdiction over gambling policy to present and explain the lottery's plans for future
games and the related advertising and promotions and spending plans for the next fiscal
year.

(b) For purposes of this section, operating expenses shall not include:

(1) expenses that are a direct function of lottery sales, which include the cost of lottery
prizes, amounts paid to lottery retailers as sales commissions or other compensation, amounts
paid to produce and deliver scratch lottery games, and amounts paid to an outside vendor
to operate and maintain an online gaming system. In addition, the director shall appear at
least once each fiscal year before the senate and house of representatives committees having
jurisdiction over gambling policy to present and explain the lottery's plans for future games
and the related advertising and promotions and spending plans for the next fiscal year.
; and

(2) expenses related solely to the noncash year-end adjustment required for government
agencies to adjust the net actuarially determined pension liability which includes deferred
inflows, deferred outflows, noncash pension expense, unrestricted net deficit, and net pension
liability, in accordance with Statement 68 of the Governmental Accounting Standards Board.

Sec. 39.

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


Sec. 8. EFFECTIVE DATE; APPLICATION.

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

Sec. 40. TRANSITION.

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

Sec. 41.

ADVISORY TASK FORCE ON FISCAL NOTES.

Subdivision 1.

Membership.

The Advisory Task Force on Fiscal Notes consists of the
following 13 voting members:

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

(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
of representatives;

(3) the commissioner of management and budget or a designee;

(4) the state budget director or designee;

(5) two fiscal note coordinators selected by the commissioner of management and budget;
and

(6) one member appointed by the governor from the Office of the Governor.

The lead fiscal analyst for the senate or a designee and the chief fiscal analyst for the
house of representatives or a designee shall serve on the task force as nonvoting members.

Subd. 2.

Fiscal note.

As used in this section, "fiscal note" means a document containing
the items listed in Minnesota Statutes, section 3.98, subdivision 2.

Subd. 3.

Duties.

The task force shall conduct a review of options for providing fiscal
notes to the legislature and the executive branch. The task force shall compare the current
fiscal note process with a fiscal note process coordinated by a new legislative budget office.
In evaluating options and developing recommendations, the task force shall consider the
following:

(1) the legislative auditor's 2012 report on fiscal notes;

(2) the needs of the legislature for timely, accurate, unbiased fiscal notes prepared in a
cost-effective manner;

(3) the time it takes to obtain a fiscal note under the current system and the time it is
expected to take to obtain a fiscal note through a new legislative budget office;

(4) the accuracy of fiscal notes under the current system and the anticipated accuracy
of fiscal notes from a new legislative budget office;

(5) methods used by other states for preparing fiscal notes;

(6) the effect that legislative scheduling and amendments have on accuracy and timing
of fiscal notes, under the current system or through a new legislative budget office;

(7) the extent to which legislative staff suggest changes and corrections to fiscal notes
and the responsiveness of the executive branch to those suggestions under the current fiscal
note process and the anticipated responsiveness of a new legislative budget office;

(8) the cost of generating fiscal notes under the current system and the cost for generating
fiscal notes under a new legislative budget office;

(9) whether there are sufficient safeguards under the current fiscal note process to ensure
that fiscal notes are generated without political or ideological bias or influence and what
safeguards would need to be put in place to ensure that a new legislative budget office would
generate fiscal notes without political or ideological bias or influence; and

(10) options for additional duties for a new legislative budget office that would
complement the duty to generate fiscal notes, including a role for the office in
performance-based budgeting.

Subd. 4.

Report.

The task force shall report to the chairs and ranking minority members
of the committees in the house of representatives and senate with jurisdiction over the fiscal
note process by June 1, 2018, with recommendations for modifying the fiscal note process.
The report must include any draft legislation needed to implement the recommendations.

Subd. 5.

Chair; vice chair.

The task force shall elect a chair from among the members
who are legislators by a majority vote of those members present. The task force shall elect
a vice chair from among the voting members who are not legislators.

Subd. 6.

Meetings.

The meetings of the commission are subject to Minnesota Statutes,
section 3.055.

Subd. 7.

Administration.

The Legislative Coordinating Commission shall provide
administrative services for the task force.

Subd. 8.

Compensation.

Members who are not legislators serve without compensation.

Subd. 9.

Expiration.

This section expires the day after submitting the report required
in subdivision 3.

Subd. 10.

First appointments.

Appointing authorities must make initial appointments
to the Advisory Task Force on Fiscal Notes by June 1, 2017.

Subd. 11.

First meeting.

The majority leader of the senate shall designate one senate
member of the Advisory Task Force on Fiscal Notes to convene the first meeting by August
1, 2017. The commission must select a chair from among the senate members at the first
meeting.

Sec. 42. MN.IT; PERFORMANCE OUTCOMES REQUIRED.

Subdivision 1.

Completion of agency consolidation.

No later than December 31, 2018,
the state chief information officer must complete the executive branch information technology
consolidation required by Laws 2011, First Special Session chapter 10, article 4, section 7,
as amended by Laws 2013, chapter 134, section 29. The head of any state agency subject
to consolidation must assist the state chief information officer as necessary to implement
the requirements of this subdivision.

Subd. 2.

Information technology efficiencies and solutions.

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

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

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

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

Subd. 3.

Personnel efficiencies.

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

Subd. 4.

Legislative report; application consolidation.

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

Sec. 43. REIMBURSEMENT OF LEGAL COSTS FOR WRIGHT, BECKER, AND
RAMSEY COUNTIES.

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

Sec. 44. SCHEDULE OF CHARGES.

Notwithstanding Minnesota Statutes, section 6.581, subdivision 3, or any other law to
the contrary, the rates included in the state auditor's schedule of charges for examinations
conducted in calendar year 2017 must be no greater than the rates included in the schedule
of charges established for examinations conducted in calendar year 2016.

Sec. 45.

LEGISLATIVE COMMISSION TO REVIEW CONSOLIDATION OF THE
STATE'S INFORMATION TECHNOLOGY.

Subdivision 1.

Definitions.

As used in this section, "information technology" means
information and telecommunications technology systems and services; and "consolidation"
means the reorganization of the state's information technology under a single agency as
provided under Laws 2011, First Special Session chapter 10, article 4, section 7, as amended
by Laws 2013, chapter 134, section 29.

Subd. 2.

Membership.

The Legislative Commission to Review Consolidation of the
State's Information Technology consists of the following eight members:

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

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

Subd. 3.

Terms; vacancies.

Members of the commission serve until the commission
sunsets. A vacancy in the membership of the commission must be filled for the unexpired
term in a manner that preserves the representation established by this section.

Subd. 4.

Duties.

The commission shall review the results achieved by the state's
consolidation of its information technology under one agency.

Subd. 5.

Chair.

The commission shall elect a chair by a majority vote of those members
present.

Subd. 6.

Meetings.

The meetings of the commission are subject to Minnesota Statutes,
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.

Subd. 7.

Administration.

The Legislative Coordinating Commission shall provide
administrative services for the commission.

Subd. 8.

Compensation.

Members may receive per diem for attending commission
meetings in accordance with the rules of their respective bodies and may be reimbursed for
their reasonable expenses as provided by the rules of their respective legislative bodies.

Subd. 9.

Report.

By February 28, 2018, the commission shall report the results of the
commission's review to the chairs and ranking minority members of the committees in the
senate and in the house of representatives with jurisdiction over state government policy
and state government finance. The report should address the following topics:

(1) the number of full-time employees that provided information technology services to
state agencies prior to the consolidation and the number of full-time employees that provide
information technology services to state agencies in fiscal year 2017;

(2) the cost to the state of information technology in the year prior to consolidation and
the cost in fiscal year 2017;

(3) the usefulness, effectiveness, and efficiency of information technology now used by
state agencies and how this compares to prior consolidation;

(4) the responsiveness of MN.IT staff to requests for service from state agencies, and
how this compares to the responsiveness of information technology staff prior to
consolidation; and

(5) a conclusion as to whether a consolidated information technology office is the best
option for supplying information technology to state agencies.

Subd. 10.

Sunset.

The commission sunsets February 28, 2018, or the day after submission
of the report required in subdivision 9, whichever is earlier.

Subd. 11.

First appointments.

Appointing authorities must make initial appointments
to the Legislative Commission to Review Consolidation of the State's Information
Technology by June 1, 2017.

Subd. 12.

First meeting.

The member designated by the senate majority leader shall
convene the first meeting of the Legislative Commission to Review Consolidation of the
State's Information Technology under this section by September 15, 2017.

Sec. 46. MINNESOTA ADMINISTRATIVE RULES STATUS SYSTEM (MARSS)
WORKING GROUP.

Subdivision 1.

Creation.

The MARSS working group consists of the following nine
members:

(1) the chief judge of the Office of Administrative Hearings, or a designee;

(2) the secretary of state, or a designee;

(3) a representative from the Interagency Rules Committee (IRC) appointed by the
committee;

(4) a representative from each of the following agencies with rulemaking experience
appointed by the appropriate commissioner:

(i) the Department of Health;

(ii) the Minnesota Pollution Control Agency;

(iii) the Department of Transportation; and

(iv) the Department of Labor and Industry;

(5) as designated by the IRC, a representative from a health-related board; and

(6) as designated by the IRC, a representative from a non-health-related board.

Subd. 2.

MARSS description.

The Minnesota Administrative Rules Status System
(MARSS) is a concept for a new software application. The application would be built and
maintained by the Revisor's Office. Executive branch agencies and others would upload
official rulemaking record documents to the system. The goal is to improve public access,
security, preservation, and transparency of state agencies' official rulemaking records through
the creation of a single online records system. The system would serve as a single Internet
location for the public to track rulemaking progress and access the official rulemaking
record. Agencies would fulfill their requirement to maintain and preserve the official
rulemaking record by submitting required documents to the revisor for inclusion in the
online records system.

Subd. 3.

Duties.

The working group must report by February 1, 2018, to the chairs and
ranking minority members of the committees in the house of representatives and senate
with jurisdiction over policy and finance for the legislature. The report must identify the
functional and nonfunctional requirements of the MARSS system. The working group must
define a funding mechanism to share the cost to build and maintain the MARSS system
among state agencies and departments.

Subd. 4.

Administration provisions.

(a) The revisor of statutes or the revisor's designee
must convene the initial meeting of the working group by August 1, 2017. Upon request of
the working group, the revisor must provide meeting space and administrative services for
the group.

(b) The working group must elect a chair from among its members at the first meeting.

(c) Members serve without compensation and without reimbursement for expenses.

(d) The working group expires on February 1, 2018, or upon submission of documents
fulfilling its duties, whichever is earlier.

Subd. 5.

Deadline for appointments and designations.

The appointments and
designations authorized by this section must be completed by July 1, 2017.

Sec. 47. EYELASH TECHNICIAN GRANDFATHERING.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 48. EYELASH TECHNICIAN RULEMAKING.

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

Sec. 49. EYELASH TECHNICIAN LICENSING.

The Board of Cosmetologist Examiners must not issue an eyelash practitioner license
before February 1, 2018, except for grandfathered licenses issued under section 39. The
Board of Cosmetologist Examiners must not require a person to have an eyelash practitioner
license for eyelash extensions before February 1, 2018.

Sec. 50. REVISOR'S INSTRUCTION.

By January 15, 2018, the revisor of statutes shall present a bill to the legislature to make
the conforming statutory changes to incorporate changes in this article to the contested case
procedures under Minnesota Statutes, section 14.57.

Sec. 51. REPEALER.

Minnesota Statutes 2016, sections 6.581, subdivision 1; 10A.30; 10A.31, subdivisions
1, 3, 3a, 4, 5, 5a, 6, 6a, 7, 7a, 10, 10a, 10b, and 11; 10A.315; 10A.321; 10A.322, subdivisions
1, 2, and 4; 10A.323; 155A.23, subdivision 8; and 349A.08, subdivision 3,
are repealed.

ARTICLE 3

ELECTIONS

Section 1. VOTING EQUIPMENT GRANT.

Subdivision 1.

Voting equipment grant account.

A voting equipment grant program
is established. The secretary of state must use money appropriated for the program to provide
grants to counties and municipalities as authorized by this section. Funds appropriated for
the grant are available until June 30, 2020.

Subd. 2.

Authorized equipment.

(a) A county or municipality may apply to receive a
grant under this section for the purchase or lease of the following equipment:

(1) electronic roster equipment and software that meets the technology requirements of
Minnesota Statutes, section 201.225, subdivision 2;

(2) assistive voting technology; or

(3) automatic tabulating equipment.

A purchase or lease of equipment is eligible for a grant under this section if the purchase
is made, or lease entered, on or after July 1, 2017. A county or municipality that has
purchased or leased eligible equipment before July 1, 2017, may apply for reimbursement.

(b) The grant funds must not be used for maintenance or repair of voting equipment.

Subd. 3.

Amount of grant.

A county or municipal government is eligible to receive a
grant equal to 75 percent of the total cost of the electronic roster equipment and software
or 50 percent of the total cost for assistive voting technology or automatic tabulating
equipment. The secretary of state must first award grants to counties and municipalities
leasing or purchasing new equipment or software. If funds remain after awarding grants for
new equipment or software, the secretary of state must use the remaining funds for grants
to counties and municipalities seeking reimbursement for equipment or software already
purchased.

Subd. 4.

Application for grant; certification of costs.

(a) To receive a grant, a county
or municipality must submit an application to the secretary of state. The secretary of state
shall prescribe a form for this purpose. At a minimum, the application must describe:

(1) the type of equipment or software proposed for purchase or lease;

(2) the expected total cost of the equipment or software, and sources of funding that will
be used for the purchase or lease in addition to the grant funding provided by this section;

(3) the county's or municipality's plan to address the long-term maintenance, repair, and
eventual replacement costs for the equipment or software without using any funds from the
grant for these purposes; and

(4) any other information required by the secretary of state.

(b) The secretary of state must establish:

(1) a deadline for receipt of grant applications;

(2) a procedure for awarding and distributing grants;

(3) criteria for the fair, proportional distribution of grants if the funds do not completely
cover the requests for a particular type of equipment; and

(4) a process for verifying the proper use of the grants after distribution.

Subd. 5.

Report to legislature.

No later than January 15, 2018, and annually thereafter
until the appropriations provided for grants under this section have been exhausted, the
secretary of state must submit a report to the legislative committees with jurisdiction over
elections policy on grants awarded by this section. The report must detail each grant awarded,
including the jurisdiction, the amount of the grant, and the type of equipment or software
purchased.

APPENDIX

Repealed Minnesota Statutes: S0605-2

6.581 STATE AUDITOR ENTERPRISE FUND.

Subdivision 1.

State auditor enterprise fund.

A state auditor enterprise fund is established in the state treasury. All amounts received for the costs and expenses of examinations performed under this chapter shall be credited to the fund. Amounts credited to the fund are annually appropriated to the state auditor to pay the costs and expenses related to the examinations performed, including, but not limited to, salaries, office overhead, equipment, authorized contracts, and other expenses.

10A.30 STATE ELECTIONS CAMPAIGN ACCOUNT.

Subdivision 1.

Establishment.

An account is established in the special revenue fund of the state known as the "state elections campaign account."

Subd. 2.

Separate account.

Within the state elections campaign account there must be maintained a separate political party account for the state committee and the candidates of each political party and a general account.

Subd. 3.

Special elections account.

An account is established in the special revenue fund of the state known as the "state special elections campaign account."

10A.31 DESIGNATION OF INCOME TAX PAYMENTS.

Subdivision 1.

Designation.

An individual resident of this state who files an income tax return or a renter and homeowner property tax refund return with the commissioner of revenue may designate on their original return that $5 be paid from the general fund of the state into the state elections campaign account. If a husband and wife file a joint return, each spouse may designate that $5 be paid. No individual is allowed to designate $5 more than once in any year. The taxpayer may designate that the amount be paid into the account of a political party or into the general account.

Subd. 3.

Form.

The commissioner of revenue must provide on the first page of the income tax form and the renter and homeowner property tax refund return a space for the individual to indicate a wish to pay $5 ($10 if filing a joint return) from the general fund of the state to finance election campaigns. The form must also contain language prepared by the commissioner that permits the individual to direct the state to pay the $5 (or $10 if filing a joint return) to: (1) one of the major political parties; (2) any minor political party that qualifies under subdivision 3a; or (3) all qualifying candidates as provided by subdivision 7. The renter and homeowner property tax refund return must include instructions that the individual filing the return may designate $5 on the return only if the individual has not designated $5 on the income tax return.

Subd. 3a.

Qualification of political parties.

(a) A major political party qualifies for inclusion on the income tax form and property tax refund return as provided in subdivision 3 if it qualifies as a major political party by July 1 of the taxable year.

(b) A minor political party qualifies for inclusion on the income tax form and property tax refund return as provided in subdivision 3 if it qualifies as a minor party statewide by July 1 of the taxable year.

(c) The secretary of state shall notify each major and minor political party by the first Monday in January of each odd-numbered year of the conditions necessary for the party to participate in income tax form and property tax refund return programs.

(d) The secretary of state shall notify each political party, the commissioner of revenue, and the Campaign Finance and Public Disclosure Board by July 1 of each year and following certification of the results of each general election of the political parties that qualify for inclusion on the income tax form and property tax refund return as provided in subdivision 3.

Subd. 4.

Appropriation.

(a) The amounts designated by individuals for the state elections campaign account, less three percent, are appropriated from the general fund, must be transferred and credited to the appropriate account in the state elections campaign account, and are annually appropriated for distribution as set forth in subdivisions 5, 5a, 6, and 7. The remaining three percent must be kept in the general fund for administrative costs.

(b) In addition to the amounts in paragraph (a), $1,020,000 for each general election is appropriated from the general fund for transfer to the general account of the state elections campaign account.

Subd. 5.

Allocation.

(a) General account. In each calendar year the money in the general account must be allocated to candidates as follows:

(1) 21 percent for the offices of governor and lieutenant governor together;

(2) 4.2 percent for the office of attorney general;

(3) 2.4 percent each for the offices of secretary of state and state auditor;

(4) in each calendar year during the period in which state senators serve a four-year term, 23-1/3 percent for the office of state senator, and 46-2/3 percent for the office of state representative; and

(5) in each calendar year during the period in which state senators serve a two-year term, 35 percent each for the offices of state senator and state representative.

(b) Party account. In each calendar year the money in each party account must be allocated as follows:

(1) 14 percent for the offices of governor and lieutenant governor together;

(2) 2.8 percent for the office of attorney general;

(3) 1.6 percent each for the offices of secretary of state and state auditor;

(4) in each calendar year during the period in which state senators serve a four-year term, 23-1/3 percent for the office of state senator, and 46-2/3 percent for the office of state representative;

(5) in each calendar year during the period in which state senators serve a two-year term, 35 percent each for the offices of state senator and state representative; and

(6) ten percent or $50,000, whichever is less, for the state committee of a political party; one-third of any amount in excess of that allocated to the state committee of a political party under this clause must be allocated to the office of state senator and two-thirds must be allocated to the office of state representative under clause (4).

Money allocated to each state committee under clause (6) must be deposited in a separate account and must be spent for only those items enumerated in section 10A.275. Money allocated to a state committee under clause (6) must be paid to the committee by the board as it is received in the account on a monthly basis, with payment on the 15th day of the calendar month following the month in which the returns were processed by the Department of Revenue, provided that these distributions would be equal to 90 percent of the amount of money indicated in the Department of Revenue's weekly unedited reports of income tax returns and property tax refund returns processed in the month, as notified by the Department of Revenue to the board. The amounts paid to each state committee are subject to biennial adjustment and settlement at the time of each certification required of the commissioner of revenue under subdivisions 7 and 10. If the total amount of payments received by a state committee for the period reflected on a certification by the Department of Revenue is different from the amount that should have been received during the period according to the certification, each subsequent monthly payment must be increased or decreased to the fullest extent possible until the amount of the overpayment is recovered or the underpayment is distributed.

Subd. 5a.

Party account for legislative candidates.

To ensure that money will be returned to the counties from which it was collected and to ensure that the distribution of money rationally relates to the support for particular parties or for particular candidates within legislative districts, money from the party accounts for legislative candidates must be distributed as provided in this subdivision.

Each candidate for the state senate and state house of representatives whose name is to appear on the ballot in the general election must receive money from the candidate's party account allocated to candidates for the state senate or state house of representatives, whichever applies, according to the following formula:

For each county within the candidate's district, the candidate's share of the dollars designated by taxpayers who resided in that county and credited to the candidate's party account and allocated to that office must be:

(1) the sum of the votes cast in the last general election in that part of the county in the candidate's district for all candidates of that candidate's party whose names appeared on the ballot statewide and for the state senate and state house of representatives, divided by

(2) the sum of the votes cast in the entire county in the last general election for all candidates of that candidate's party whose names appeared on the ballot statewide and for the state senate and state house of representatives, multiplied by

(3) the amount in the candidate's party account designated by taxpayers who resided in that county and allocated to that office.

The sum of all the county shares calculated in the formula above is the candidate's share of the candidate's party account.

In a year in which an election for the state senate occurs, with respect to votes for candidates for the state senate only, "last general election" means the last general election in which an election for the state senate occurred.

For a party under whose name no candidate's name appeared on the ballot statewide in the last general election, amounts in the party's account must be allocated based on (i) the number of people voting in the last general election in that part of the county in the candidate's district, divided by (ii) the number of the people voting in the entire county in the last general election, multiplied by (iii) the amount in the candidate's party account designated by taxpayers who resided in that county and allocated to that office.

In the first general election after the legislature is redistricted, "the candidate's district" means the newly drawn district and voting data from the last general election must be applied to the area encompassing the newly drawn district, notwithstanding that the area was in a different district in the last general election.

If in a district there was no candidate of a party for the state senate or state house of representatives in the last general election, or if a candidate for the state senate or state house of representatives was unopposed, the vote for that office for that party is the average vote of all the remaining candidates of that party in each county of that district whose votes are included in the sums in clauses (1) and (2). The average vote must be added to the sums in clauses (1) and (2) before the calculation is made for all districts in the county.

Subd. 6.

Distribution of party accounts.

As soon as the board has obtained from the secretary of state the results of the primary election, but no later than one week after certification by the State Canvassing Board of the results of the primary, the board must distribute the available money in each party account, as certified by the commissioner of revenue one week before the state primary, to the candidates of that party who have signed a spending limit agreement under section 10A.322 and filed the affidavit of contributions required by section 10A.323, who were opposed in either the primary election or the general election, and whose names are to appear on the ballot in the general election, according to the allocations set forth in subdivisions 5 and 5a. The public subsidy from the party account may not be paid in an amount greater than the expenditure limit of the candidate or the expenditure limit that would have applied to the candidate if the candidate had not been freed from expenditure limits under section 10A.25, subdivision 10.

Subd. 6a.

Party account money not distributed.

Money from a party account not distributed to candidates for state senator or representative in any election year must be returned to the general fund of the state, except that the subsidy from the party account an unopposed candidate would otherwise have been eligible to receive must be paid to the state committee of the candidate's political party to be deposited in a special account under subdivision 5, paragraph (b), clause (6), and used for only those items permitted under section 10A.275. Money from a party account not distributed to candidates for other offices in an election year must be returned to the party account for reallocation to candidates as provided in subdivision 5, paragraph (b), in the following year.

Subd. 7.

Distribution of general account.

(a) As soon as the board has obtained the results of the primary election from the secretary of state, but no later than one week after certification of the primary results by the State Canvassing Board, the board must distribute the available money in the general account, as certified by the commissioner of revenue one week before the state primary and according to allocations set forth in subdivision 5, in equal amounts to all candidates of a major political party whose names are to appear on the ballot in the general election and who:

(1) have signed a spending limit agreement under section 10A.322;

(2) have filed the affidavit of contributions required by section 10A.323; and

(3) were opposed in either the primary election or the general election.

(b) The public subsidy under this subdivision may not be paid in an amount that would cause the sum of the public subsidy paid from the party account plus the public subsidy paid from the general account to exceed 50 percent of the expenditure limit for the candidate or 50 percent of the expenditure limit that would have applied to the candidate if the candidate had not been freed from expenditure limits under section 10A.25, subdivision 10. Money from the general account not paid to a candidate because of the 50 percent limit must be distributed equally among all other qualifying candidates for the same office until all have reached the 50 percent limit or the balance in the general account is exhausted.

Subd. 7a.

Withholding of public subsidy.

If a candidate who is eligible for payment of public subsidy under this section has not filed the report of receipts and expenditures required under section 10A.20 before a primary election, any public subsidy for which that candidate is eligible must be withheld by the board until the candidate complies with the filing requirements of section 10A.20 and the board has sufficient time to review or audit the report. If a candidate who is eligible for public subsidy does not file the report due before the primary election under section 10A.20 by the date that the report of receipts and expenditures filed before the general election is due, that candidate shall not be paid public subsidy for that election.

Subd. 10.

December distribution.

In the event that on the date of either certification by the commissioner of revenue as provided in subdivision 6 or 7, less than 98 percent of the tax returns have been processed, the commissioner of revenue must certify to the board by December 1 the amount accumulated in each account since the previous certification. By December 15, the board must distribute to each candidate according to the allocations in subdivisions 5 and 5a the amounts to which the candidates are entitled.

Subd. 10a.

Form of distribution.

A distribution to a candidate must be in the form of a check made "payable to the campaign fund of ......(name of candidate)......."

Subd. 10b.

Remainder.

Money accumulated after the final certification must be kept in the respective accounts for distribution in the next general election year.

Subd. 11.

Write-in candidate.

For the purposes of this section, a write-in candidate is a candidate only upon complying with sections 10A.322 and 10A.323.

10A.315 SPECIAL ELECTION SUBSIDY.

(a) Each eligible candidate for a legislative office in a special election must be paid a public subsidy equal to the sum of:

(1) the party account money at the last general election for the candidate's party for the office the candidate is seeking; and

(2) the general account money paid to a candidate for the same office at the last general election.

(b) A candidate who wishes to receive this public subsidy must submit a signed agreement under section 10A.322 to the board and must meet the contribution requirements of section 10A.323. The special election subsidy must be distributed in the same manner as money in the party and general accounts is distributed to legislative candidates in a general election.

(c) The amount necessary to make the payments required by this section is appropriated from the general fund for transfer to the state special elections campaign account for distribution by the board as set forth in this section.

10A.321 ESTIMATES OF MINIMUM AMOUNTS TO BE RECEIVED.

Subdivision 1.

Calculation and certification of estimates.

The commissioner of revenue must calculate and certify to the board one week before the first day for filing for office in each election year an estimate of the total amount in the state general account of the state elections campaign account and the amount of money each candidate who qualifies, as provided in section 10A.31, subdivisions 6 and 7, may receive from the candidate's party account in the state elections campaign account. This estimate must be based upon the allocations and formulas in section 10A.31, subdivisions 5 and 5a, any necessary vote totals provided by the secretary of state to apply the formulas in section 10A.31, subdivisions 5 and 5a, and the amount of money expected to be available after 100 percent of the tax returns have been processed.

Subd. 2.

Publication, certification, and notification procedures.

Before the first day of filing for office, the board must publish and forward to all filing officers the estimates calculated and certified under subdivision 1 along with a copy of section 10A.25, subdivision 10. Within one week after the last day for filing for office, the secretary of state must certify to the board the name, address, office sought, and party affiliation of each candidate who has filed with that office an affidavit of candidacy or petition to appear on the ballot. The auditor of each county must certify to the board the same information for each candidate who has filed with that county an affidavit of candidacy or petition to appear on the ballot. Within two weeks after the last day for filing for office, the board must notify all candidates of their estimated minimum amount. The board must include with the notice a form for the agreement provided in section 10A.322 along with a copy of section 10A.25, subdivision 10.

10A.322 SPENDING LIMIT AGREEMENTS.

Subdivision 1.

Agreement by candidate.

(a) As a condition of receiving a public subsidy, a candidate must sign and file with the board a written agreement in which the candidate agrees that the candidate will comply with sections 10A.25; 10A.27, subdivision 10; 10A.324; and 10A.38.

(b) Before the first day of filing for office, the board must forward agreement forms to all filing officers. The board must also provide agreement forms to candidates on request at any time. The candidate must file the agreement with the board at least three weeks before the candidate's state primary. An agreement may not be filed after that date. An agreement once filed may not be rescinded.

(c) The board must notify the commissioner of revenue of any agreement signed under this subdivision.

(d) Notwithstanding paragraph (b), if a vacancy occurs that will be filled by means of a special election and the filing period does not coincide with the filing period for the general election, a candidate may sign and submit a spending limit agreement not later than the day after the close of the filing period for the special election for which the candidate filed.

Subd. 2.

How long agreement is effective.

The agreement, insofar as it relates to the expenditure limits in section 10A.25, as adjusted by section 10A.255, and the contribution limit in section 10A.27, subdivision 10, remains effective for candidates until the dissolution of the principal campaign committee of the candidate or the end of the first election cycle completed after the agreement was filed, whichever occurs first.

Subd. 4.

Refund receipt forms; penalty.

(a) The board must make available to a political party on request and to any candidate for whom an agreement under this section is effective, a supply of official refund receipt forms that state in boldface type that:

(1) a contributor who is given a receipt form is eligible to claim a refund as provided in section 290.06, subdivision 23; and

(2) if the contribution is to a candidate, that the candidate has signed an agreement to limit campaign expenditures as provided in this section.

The forms must provide duplicate copies of the receipt to be attached to the contributor's claim.

(b) The willful issuance of an official refund receipt form or a facsimile of one to any of the candidate's contributors by a candidate or treasurer of a candidate who did not sign an agreement under this section is subject to a civil penalty of up to $3,000 imposed by the board.

(c) The willful issuance of an official refund receipt form or a facsimile to an individual not eligible to claim a refund under section 290.06, subdivision 23, is subject to a civil penalty of up to $3,000 imposed by the board.

(d) A violation of paragraph (b) or (c) is a misdemeanor.

10A.323 AFFIDAVIT OF CONTRIBUTIONS.

(a) In addition to the requirements of section 10A.322, to be eligible to receive a public subsidy under section 10A.31 a candidate or the candidate's treasurer must:

(1) between January 1 of the previous year and the cutoff date for transactions included in the report of receipts and expenditures due before the primary election, accumulate contributions from individuals eligible to vote in this state in at least the amount indicated for the office sought, counting only the first $50 received from each contributor, excluding in-kind contributions:

(i) candidates for governor and lieutenant governor running together, $35,000;

(ii) candidates for attorney general, $15,000;

(iii) candidates for secretary of state and state auditor, separately, $6,000;

(iv) candidates for the senate, $3,000; and

(v) candidates for the house of representatives, $1,500;

(2) file an affidavit with the board stating that the principal campaign committee has complied with this paragraph. The affidavit must state the total amount of contributions that have been received from individuals eligible to vote in this state, excluding:

(i) the portion of any contribution in excess of $50;

(ii) any in-kind contribution; and

(iii) any contribution for which the name and address of the contributor is not known and recorded; and

(3) submit the affidavit required by this section to the board in writing by the deadline for reporting of receipts and expenditures before a primary under section 10A.20, subdivision 4.

(b) A candidate for a vacancy to be filled at a special election for which the filing period does not coincide with the filing period for the general election must accumulate the contributions specified in paragraph (a) and must submit the affidavit required by this section to the board within five days after the close of the filing period for the special election for which the candidate filed.

155A.23 DEFINITIONS.

Subd. 8.

Manager.

A "manager" is any person who is a cosmetologist, esthetician, advanced practice esthetician, nail technician practitioner, or eyelash technician practitioner, and who has a manager license and provides any services under that license, as defined in subdivision 3.

349A.08 LOTTERY PRIZES.

Subd. 3.

Prizes won by persons under age 18.

The following provisions govern the payment of a lottery prize to a person under age 18:

(1) if the prize is less than $5,000, the director may give a draft, payable to the order of the person under age 18, to the person's parents, custodial parent if one parent has custody, guardian, or other adult member of the person's family; and

(2) if the prize is $5,000 or more, the director shall deposit the prize with the district court and section 540.08 applies to the investment and distribution of the money.