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, and military affairs and
veterans affairs; creating an ethnic councils account; specifying how legislative
and congressional districts must be drawn; evaluating economic development
incentive programs; transferring responsibility fiscal notes, local impact notes, or
revenue estimates to the legislative auditor; specifying county audits by the state
auditor; modifying campaign finance provisions; defining substantial economic
impact for rulemaking; changing rulemaking provisions; requiring the legislative
auditor to conduct an impact analysis on certain rules; establishing three ethnic
councils; requiring a tracking list of agency projects; allowing prepay for certain
software and information technology hosting services; changing state budget
requirements; limiting a fee or fine increase to ten percent in a biennium;
providing free rehearsal and storage space for the state band; modifying notice
provisions for state construction and remodeling plans; providing reimbursement
for reasonable accommodations; modifying grant agreement provisions; making
changes to provisions governing veteran-owned small businesses; changing
provisions governing the Office of MN.IT Services; limiting the number of
full-time equivalent executive branch agency employees; establishing the healthy
eating, here at home program; establishing expedited and temporary licensing for
former and current military members for certain occupations; adjusting certain
barber board fees for members of the military; modifying provisions governing
the National Guard; modifying the Veterans Preference Act; designating an Honor
and Remember flag; changing provisions governing pari-mutuel horse racing;
changing a fee provision for federal tax liens; changing a contracting provision
for the Office of the Commissioner of Iron Range resources and rehabilitation;
changing certain requirements for corporations; modifying provisions for
accountants; changing a farm product lien; adding an exception to the
rehabilitation of criminal offenders provisions; limiting railroad condemnation
powers over certain properties; providing that school employees and districts are
subject to certain group health insurance requirements; changing provisions
governing the Metropolitan Council; designating the salary for the chair of the
Metropolitan Council; limiting the salary increase for agency heads; establishing
the Legislative Surrogacy Commission; prohibiting state funds, tax expenditures,
or state indebtedness to fund a major league soccer stadium; limiting
compensation for employees in the managerial plan; limiting expenditures
for advertising; specifying debt service on a certain parking ramp financing;
specifying terms for members of the Metropolitan Council; requiring reports;
amending Minnesota Statutes 2014, sections 3.971, by adding a subdivision;
3.98; 3.987, subdivision 1; 10.43; 10A.01, subdivision 26; 10A.105, subdivision
1; 10A.15, subdivision 1; 10A.245, subdivision 2; 10A.257, subdivision 1;
10A.38; 14.02, by adding a subdivision; 14.05, subdivisions 1, 2; 14.116;
14.127; 14.131; 14.388, subdivision 2; 14.389, subdivision 2; 14.44; 14.45;
16A.065; 16A.103, by adding a subdivision; 16A.11, by adding subdivisions;
16A.1283; 16B.24, by adding a subdivision; 16B.335, subdivision 1; 16B.371;
16B.97, subdivision 1, by adding a subdivision; 16C.03, subdivision 16; 16C.16,
subdivision 6a; 16C.19; 16E.01; 16E.016; 16E.03, subdivision 1; 16E.0465;
16E.14, subdivision 3; 16E.145; 16E.19, by adding a subdivision; 148.57, by
adding a subdivision; 148.624, subdivision 5; 148B.33, by adding a subdivision;
148B.53, by adding a subdivision; 148B.5301, by adding a subdivision;
148F.025, by adding a subdivision; 153.16, subdivisions 1, 4; 154.003; 154.11,
subdivision 3; 190.19, subdivision 2a; 192.38, subdivision 1; 192.501, by adding
a subdivision; 197.46; 211B.37; 240.01, subdivision 22, by adding subdivisions;
240.011; 240.03; 240.08, subdivisions 2, 4, 5; 240.10; 240.13, subdivisions 5,
6; 240.135; 240.15, subdivisions 1, 6; 240.16, subdivision 1; 240.22; 240.23;
272.484; 298.22, subdivision 1; 303.19; 304A.301, subdivisions 1, 5, 6, by
adding a subdivision; 326A.01, subdivisions 2, 12, 13a, 15, 16; 326A.02,
subdivisions 3, 5; 326A.05, subdivisions 1, 3; 326A.10; 336A.09, subdivision
1; 364.09; 471.6161, subdivision 8; 473.123, subdivisions 2a, 3, 4; 473J.07,
subdivision 3; Laws 2013, chapter 142, article 1, section 10; Laws 2015, chapter
3, section 4; proposing coding for new law in Minnesota Statutes, chapters 2; 3;
6; 15; 16A; 16B; 16E; 43A; 138; 197; 383B; repealing Minnesota Statutes 2014,
sections 3.886; 3.9223; 3.9225; 3.9226, subdivisions 1, 2, 3, 4, 5, 6, 7; 6.48;
10A.25, subdivisions 1, 2, 2a, 3, 3a, 5, 10; 10A.255, subdivisions 1, 3; 10A.27,
subdivision 11; 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; 10A.323; 10A.324,
subdivisions 1, 3; 240.01, subdivisions 12, 23; 349A.07, subdivision 6; 375.23;
Minnesota Rules, parts 4503.1400, subparts 2, 3, 5, 6, 7, 8, 9; 4503.1450.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
2.33STATE GOVERNMENT APPROPRIATIONS
2.35 The sums shown in the columns marked "Appropriations" are appropriated to the
2.36agencies and for the purposes specified in this article. The appropriations are from the
2.37general fund, or another named fund, and are available for the fiscal years indicated
2.38for each purpose. The figures "2016" and "2017" used in this article mean that the
2.39appropriations listed under them are available for the fiscal year ending June 30, 2016, or
2.40June 30, 2017, respectively. "The first year" is fiscal year 2016. "The second year" is fiscal
2.41year 2017. "The biennium" is fiscal years 2016 and 2017.
|Section 1. STATE GOVERNMENT APPROPRIATIONS.
||Available for the Year
||Ending June 30
3.8The amounts that may be spent for each
3.9purpose are specified in the following
|Appropriations by Fund
|Health Care Access
3.12$1,723,000 of the senate carryforward
3.13balance shall cancel to the general fund on
3.14July 1, 2015.
3.16During the biennium ending June 30, 2017,
3.17any reductions from the prior biennium's
3.18base level appropriation for the house of
3.19representatives must be implemented by
3.20making equal reductions in expenditures
3.21for house staff and expenditures for house
3.23During the biennium ending June 30, 2017,
3.24any revenues received by the house of
3.25representatives from voluntary donations
3.26to support broadcast or print media are
3.27appropriated to the house of representatives.
3.28$3,938,000 of the house carryforward
3.29balance shall cancel to the general fund on
3.30July 1, 2015.
|Subd. 3.House of Representatives
|Subd. 4.Legislative Coordinating Commission
4.1$1,567,000 of the Legislative Coordinating
4.2Commission carryforward balance and the
4.3Revisor of Statutes carryforward balance
4.4shall cancel to the general fund on July 1,
4.6$7,132,000 each year from the general fund
4.7is to the Office of the Legislative Auditor.
4.8The auditor is requested to do an evaluation
4.9of Minnesota veterans homes.
4.10$435,000 in fiscal year 2017 is for the
4.11revisor's administrative rules system.
4.12$595,000 each year is for the Office of the
4.13Revisor of Statutes to maintain and improve
4.14information technology services.
4.15$10,000 each year is for purposes of the
4.16legislators' forum, through which Minnesota
4.17legislators meet with counterparts from
4.18South Dakota, North Dakota, and Manitoba
4.19to discuss issues of mutual concern.
4.20$2,000,000 is transferred from the state
4.21employee group insurance trust fund to a
4.22rulemaking account in the special revenue
4.24$2,000,000 for the biennium ending June 30,
4.252017, is appropriated from the rulemaking
4.26account in the special revenue fund to the
4.27legislative auditor to:
4.28(1) reimburse executive agencies for costs
4.29associated with determining if proposed
4.30rules have substantial economic impact and
4.31for costs of peer review advisory panels
4.32for proposed rules that have substantial
4.33economic impact; and
5.1(2) reimburse the legislative auditor for costs
5.2associated with this process.
|Appropriations by Fund
|Health Care Access
5.5(a) This appropriation is to fund the Office of
5.6the Governor and Lieutenant Governor.
5.7(b) $19,000 the first year and $19,000 the
5.8second year are for necessary expenses in the
5.9normal performance of the Governor's and
5.10Lieutenant Governor's duties for which no
5.11other reimbursement is provided.
5.12(c) During the biennium ending June 30,
5.132017, the Office of the Governor may not
5.14receive payments of more than $805,000
5.15each fiscal year from other executive
5.16agencies to support personnel costs incurred
5.17by the office. By September 1 of each year,
5.18the commissioner of management and budget
5.19shall report to the chairs and ranking minority
5.20members of the senate State Departments
5.21and Veterans Affairs Budget Division and the
5.22house of representatives State Government
5.23Finance Committee any personnel costs
5.24incurred by the Offices of the Governor and
5.25Lieutenant Governor that were supported
5.26by appropriations to other agencies during
5.27the previous fiscal year. The Office of the
5.28Governor shall inform the chairs and ranking
5.29minority members of the committees before
5.30initiating any interagency agreements.
|Sec. 3. GOVERNOR AND LIEUTENANT
|Sec. 4. STATE AUDITOR
|Sec. 5. ATTORNEY GENERAL
6.8Of this appropriation, $65,000 in the first
6.9year and $65,000 in the second year are
6.10from the general fund for transfer to the
6.11commissioner of public safety for a grant to
6.12the Minnesota County Attorneys Association
6.13for prosecutor and law enforcement training.
|Appropriations by Fund
6.15$420,000 the first year and $440,000 the
6.16second year are for the Safe at Home
6.18Any funds available in the account
6.19established in Minnesota Statutes, section
6.205.30, pursuant to the Help America Vote Act,
6.21are appropriated for the purposes and uses
6.22authorized by federal law.
|Sec. 6. SECRETARY OF STATE
6.25(a) All unspent funds, estimated to be
6.26$150,000, from the Web site redevelopment
6.27project appropriation under Laws 2013,
6.28chapter 142, article 1, section 7, are canceled
6.29to the general fund on June 30, 2015.
6.30(b) $150,000 in fiscal year 2016 is
6.31appropriated to the Campaign Finance
6.32and Public Disclosure Board to complete
6.33redevelopment of its Web site. This
6.34appropriation is available until June 30, 2017.
7.1(c) By January 15, 2016, the director of the
7.2Campaign Finance and Public Disclosure
7.3Board shall report to the chairs and ranking
7.4minority members of the senate State
7.5Departments and Veterans Affairs Budget
7.6Division and the house of representatives
7.7State Government Finance Committee on the
7.8status of the Web site redevelopment project.
7.9The report shall include a budget detailing
7.10total dollars to be spent, completion date of
7.11the project, and dollars expended to date.
|Sec. 7. CAMPAIGN FINANCE AND PUBLIC
|Sec. 8. INVESTMENT BOARD
|Sec. 9. ADMINISTRATIVE HEARINGS
7.19Campaign Violations Hearings. $115,000
7.20each year is appropriated from the general
7.21fund for the cost of considering complaints
7.22filed under Minnesota Statutes, section
7.23211B.32. These amounts may be spent in
7.24either year of the biennium.
7.25$6,000 in fiscal year 2016 and $6,000 in
7.26fiscal year 2017 are appropriated from the
7.27general fund to the Office of Administrative
7.28Hearings for the cost of considering data
7.29practices complaints filed under Minnesota
7.30Statutes, section 13.085. These amounts
7.31may be used in either year of the biennium.
7.32$6,000 is added to the agency's base to be
7.33available for the biennium.
|Appropriations by Fund
8.1During the biennium ending June 30, 2017,
8.2MN.IT Services must not charge fees to a
8.3public noncommercial educational television
8.4broadcast station eligible for funding under
8.5Minnesota Statutes, chapter 129D, for
8.6access to the state broadcast infrastructure.
8.7If the access fees not charged to public
8.8noncommercial educational television
8.9broadcast stations total more than $400,000
8.10for the biennium, the office may charge for
8.11access fees in excess of these amounts.
8.12The commissioner of management and
8.13budget is authorized to provide cash flow
8.14assistance of up to $110,000,000 from the
8.15special revenue fund or other statutory
8.16general funds, as defined in Minnesota
8.17Statutes, section 16A.671, subdivision
8.183, paragraph (a), to the Office of MN.IT
8.19Services for the purpose of managing
8.20revenue and expenditure differences during
8.21the initial phases of IT consolidation. These
8.22funds shall be repaid with interest by the end
8.23of the fiscal year 2017 closing period.
|Sec. 10. MN.IT SERVICES
|Sec. 11. ADMINISTRATION
8.26The amounts that may be spent for each
8.27purpose are specified in the following
|Subdivision 1.Total Appropriation
8.30$210,000 the first year and $40,000 the
8.31second year are for increased information
8.32technology associated with supporting small
8.33business purchasing programs.
9.1$74,000 the first year and $74,000 the second
9.2year are for the Council on Developmental
|Subd. 2.Government and Citizen Services
|Subd. 3.Strategic Management Services
9.6The appropriations under this section are to
9.7the commissioner of administration for the
9.9In-Lieu of Rent. $7,488,000 the first year
9.10and $7,488,000 the second year are for
9.11space costs of the legislature and veterans
9.12organizations, ceremonial space, and
9.13statutorily free space.
9.14Relocation Expenses. $1,284,000 the first
9.15year and $864,000 the second year are for
9.16rent loss and relocation expenses related to
9.17the Capitol renovation project. Relocation
9.18expenses include only moving of art, fixtures,
9.19renovation supplies, and similar materials,
9.20and may not be used for moving Senators,
9.21Senate staff, and related offices and supplies.
9.22This is a onetime appropriation.
9.23Public Broadcasting. (a) $1,161,000 the
9.24first year and $1,161,000 the second year are
9.25for matching grants for public television.
9.26(b) $200,000 the first year and $200,000
9.27the second year are for public television
9.29(c) The equipment or matching grants in
9.30paragraphs (a) and (b) must be allocated
9.31after considering the recommendations of the
9.32Minnesota Public Television Association.
9.33(d) $287,000 the first year and $287,000 the
9.34second year are for community service grants
10.1to public educational radio stations. This
10.2appropriation may be used to disseminate
10.3emergency information in foreign languages.
10.4(e) $100,000 the first year and $100,000
10.5the second year are for equipment grants
10.6to public educational radio stations. This
10.7appropriation may be used for the repair,
10.8rental, and purchase of equipment including
10.9equipment under $500.
10.10(f) The grants in paragraphs (d) and (e)
10.11must be allocated after considering the
10.12recommendations of the Association of
10.13Minnesota Public Education Radio Stations
10.14under Minnesota Statutes, section 129D.14.
10.15As a condition of receiving grants under
10.16paragraphs (d) and (e), the Association of
10.17Minnesota Public Education Radio Stations
10.18must agree that it will not take any steps
10.19leading to the operation of new stations
10.20unless specifically authorized by a future law.
10.21(g) $207,000 the first year and $207,000
10.22the second year are for equipment grants
10.23to Minnesota Public Radio, Inc., including
10.24upgrades to Minnesota's Emergency Alert
10.25and AMBER Alert Systems.
10.26(h) Any unencumbered balance remaining
10.27the first year for grants to public television or
10.28radio stations does not cancel and is available
10.29for the second year.
|Subd. 4.Fiscal Agent
|Sec. 12. CAPITOL AREA
ARCHITECTURAL AND PLANNING
11.1$156,000 the first year and $156,000 the
11.2second year are to develop and implement
11.3a return on taxpayer investment (ROTI)
11.4methodology using the Pew-MacArthur
11.5Results First framework to evaluate
11.6corrections and human services programs
11.7administered and funded by state and
11.8county governments. The commissioner
11.9shall engage and work with staff from
11.10Pew-MacArthur Results First, and shall
11.11consult with representatives of other state
11.12agencies, counties, legislative staff, the
11.13commissioners of corrections and human
11.14services, and other commissioners of state
11.15agencies and stakeholders to implement the
11.16established methodology. The commissioner
11.17of management and budget shall report
11.18on implementation progress and make
11.19recommendations to the governor and
11.20legislature by January 31, 2017.
11.21The commissioner must report to the chairs
11.22and ranking minority members of the
11.23House of Representatives State Government
11.24Finance Committee and the Senate State
11.25Departments and Veterans Budget Division
11.26by July 15, 2015, on the gainsharing program
11.27in Minnesota Statutes, Section 16A.90. The
11.28report must include information on how the
11.29commissioner has promoted the program
11.30to state employees, results achieved under
11.31the program, and recommendations for any
11.32legislative changes needed to make the
11.33program more effective.
|Sec. 13. MINNESOTA MANAGEMENT AND
|Subdivision 1.Total Appropriation
|Appropriations by Fund
|Health Care Access
|Highway User Tax
|Subd. 2.Tax System Management
12.15Base reductions must be made from expenses
12.16related to the capital equipment sales tax
12.17repealed in 2014, and cannot be applied to
12.19Appropriation; Taxpayer Assistance.
12.20(a) $400,000 each year from the general
12.21fund is for grants to one or more nonprofit
12.22organizations, qualifying under section
12.23501(c)(3) of the Internal Revenue Code of
12.241986, to coordinate, facilitate, encourage, and
12.25aid in the provision of taxpayer assistance
12.26services. The unencumbered balance in the
12.27first year does not cancel but is available for
12.28the second year.
12.29(b) For purposes of this section, "taxpayer
12.30assistance services" means accounting
12.31and tax preparation services provided by
12.32volunteers to low-income, elderly, and
12.33disadvantaged Minnesota residents to help
12.34them file federal and state income tax returns
12.35and Minnesota property tax refund claims
12.36and to provide personal representation before
13.1the Department of Revenue and Internal
|Appropriations by Fund
|Health Care Access
|Highway User Tax
|Subd. 3.Debt Collection Management
13.5These appropriations are from the lawful
13.6gambling regulation account in the special
|Sec. 15. GAMBLING CONTROL
13.9These appropriations are from the racing
13.10and card playing regulation accounts in the
13.11special revenue fund.
|Sec. 16. RACING COMMISSION
13.13Notwithstanding Minnesota Statutes, section
13.14349A.10, subdivision 3, the operating budget
13.15must not exceed $31,000,000 in fiscal year
13.162016 and $31,000,000 in fiscal year 2017.
|Sec. 17. STATE LOTTERY
|Sec. 18. AMATEUR SPORTS COMMISSION
13.20These appropriations are from the ethnic
13.21councils account in the special revenue fund.
13.22The general fund base in fiscal years 2018 and
13.232019 for this council is $392,000 each year.
|Sec. 19. COUNCIL ON BLACK
13.26These appropriations are from the ethnic
13.27councils account in the special revenue fund.
13.28The general fund base in fiscal years 2018 and
13.292019 for this council is $354,000 each year.
|Sec. 20. COUNCIL ON ASIAN-PACIFIC
14.3These appropriations are from the ethnic
14.4councils account in the special revenue fund.
14.5The general fund base in fiscal years 2018 and
14.62019 for this council is $375,000 each year.
|Sec. 21. COUNCIL ON AFFAIRS OF
14.8These appropriations are from the ethnic
14.9councils account in the special revenue fund.
14.10The general fund base in fiscal years 2018 and
14.112019 for this council is $562,000 each year.
|Sec. 22. INDIAN AFFAIRS COUNCIL
|Sec. 23. MINNESOTA HISTORICAL
14.15The amounts that may be spent for each
14.16purpose are specified in the following
|Subdivision 1.Total Appropriation
14.19Notwithstanding Minnesota Statutes, section
14.20138.668, the Minnesota Historical Society
14.21may not charge a fee for its general tours at
14.22the Capitol, but may charge fees for special
14.23programs other than general tours.
14.24$750,000 the first year and $750,000 the
14.25second year are for digital preservation
14.26and access, including planning and
14.27implementation of a program to preserve
14.28and make available resources related to
14.30$75,000 the first year and $75,000 the second
14.31year are for activities to enhance educational
14.32achievement through history education.
|Subd. 2.Operations and Programs
|Subd. 3.Fiscal Agent
|(a) Minnesota International Center
|(b) Minnesota Air National Guard Museum
|(c) Minnesota Military Museum
15.7Balances Forward. Any unencumbered
15.8balance remaining in this subdivision the first
15.9year does not cancel but is available for the
15.10second year of the biennium.
|(e) Hockey Hall of Fame
15.12Notwithstanding Minnesota Statutes, section
15.13290.0681, subdivision 7, paragraph (b),
15.14the fiscal year 2016 appropriation for
15.15grants in lieu of credit for historic structure
15.16rehabilitation is $457,000.
|Subd. 4.Appropriation Limit
|Sec. 24. BOARD OF THE ARTS
15.19The amounts that may be spent for each
15.20purpose are specified in the following
|Subdivision 1.Total Appropriation
|Subd. 2.Operations and Services
|Subd. 3.Grants Program
15.25Unencumbered Balance Available. Any
15.26unencumbered balance remaining in this
15.27section the first year does not cancel, but is
15.28available for the second year of the biennium.
15.29Projects located in Minnesota; travel
15.30restriction. Money appropriated in this
15.31section and distributed as grants may only
16.1be spent on projects located in Minnesota.
16.2A recipient of a grant funded by an
16.3appropriation in this section must not use
16.4more than ten percent of the total grant for
16.5costs related to travel outside the state of
|Subd. 4.Regional Arts Councils
16.9$250,000 the first year is for a grant to
16.10Everybody Wins!-Minnesota, a Minnesota
16.11501(c)(3) corporation, to operate a reading
16.12program for Minnesota children. Any
16.13balance in the first year does not cancel but is
16.14available in the second year.
16.15$250,000 the first year and $250,000 the
16.16second year are for a grant to the Minnesota
16.17Council on Economic Education to provide
16.18staff development to teachers for the
16.19implementation of the state graduation
16.20standards in learning areas relating to
16.21economic education. This is a onetime
16.22appropriation. The commissioner, in
16.23consultation with the council, shall develop
16.24expected results of staff development,
16.25eligibility criteria for participants, an
16.26evaluation procedure, and guidelines for
16.27direct and in-kind contributions by the
16.28council. This appropriation does not cancel,
16.29but is available until expended.
16.30$250,000 in fiscal year 2016 and $250,000 in
16.31fiscal year 2017 are for the healthy eating,
16.32here at home program under Minnesota
16.33Statutes, section 138.912. No more than
16.34three percent of the appropriation may be
16.35used for the nonprofit administration of the
17.1grant program under Minnesota Statutes,
|Sec. 25. MINNESOTA HUMANITIES
|Sec. 26. BOARD OF ACCOUNTANCY
|Sec. 27. BOARD OF ARCHITECTURE
ENGINEERING, LAND SURVEYING,
GEOSCIENCE, AND INTERIOR DESIGN
|Sec. 28. BOARD OF COSMETOLOGIST
|Sec. 29. BOARD OF BARBER EXAMINERS
17.12$80,000 each year is for operation of an
17.13office in St. Cloud.
|Sec. 30. HUMAN RIGHTS.
|Sec. 31. GENERAL CONTINGENT
17.23(a) The appropriations in this section
17.24may only be spent with the approval of
17.25the governor after consultation with the
17.26Legislative Advisory Commission pursuant
17.27to Minnesota Statutes, section 3.30.
17.28(b) If an appropriation in this section for
17.29either year is insufficient, the appropriation
17.30for the other year is available for it.
17.31(c) If a contingent account appropriation
17.32is made in one fiscal year, it should be
17.33considered a biennial appropriation.
|Appropriations by Fund
18.2These appropriations are to be spent by the
18.3commissioner of management and budget
18.4according to Minnesota Statutes, section
18.53.736, subdivision 7. If the appropriation for
18.6either year is insufficient, the appropriation
18.7for the other year is available for it.
|Sec. 32. TORT CLAIMS
18.10These amounts are estimated to be needed
18.11under Minnesota Statutes, sections 3A.03,
18.12subdivision 2; 3A.04, subdivisions 3 and 4;
18.13and 3A.115 for the Combined Legislators
18.14and Constitutional Officers Retirement Plan.
|Sec. 33. MINNESOTA STATE RETIREMENT
18.17Notwithstanding Minnesota Statutes, section
18.18353.505, the state payments to the Public
18.19Employees Retirement Association on behalf
18.20of the former MERF division account are
18.21$6,000,000 on September 15, 2015 and
18.22$6,000,000 on September 15, 2016.
|Sec. 34. PUBLIC EMPLOYEES
18.25The amounts estimated to be needed are as
18.27Special Direct State Aid. $27,331,000 the
18.28first year and $27,331,000 the second year
18.29are for special direct state aid authorized
18.30under Minnesota Statutes, section 354.436.
18.31Special Direct State Matching Aid.
18.32$2,500,000 the first year and $2,500,000
18.33the second year are for special direct state
19.1matching aid authorized under Minnesota
19.2Statutes, section 354.435.
|Sec. 35. TEACHERS RETIREMENT
19.5The amounts estimated to be needed for
19.6special direct state aid to the first class
19.7city teachers retirement fund association
19.8authorized under Minnesota Statutes, section
19.9354A.12, subdivisions 3a and 3c.
|Sec. 36. ST. PAUL TEACHERS
|Sec. 37. MILITARY AFFAIRS
19.12The amounts that may be spent for each
19.13purpose are specified in the following
|Subdivision 1.Total Appropriation
|Subd. 2.Maintenance of Training Facilities
|Subd. 3.General Support
19.18If appropriations for either year of the
19.19biennium are insufficient, the appropriation
19.20from the other year is available. The
19.21appropriations for enlistment incentives are
19.22available until expended.
19.23Of the funds carried forward from fiscal year
19.242015 to fiscal year 2016, in the enlistment
19.25incentives appropriation, $100,000 is
19.26canceled to the general fund to support the
19.27appropriation to the Minnesota Historical
19.28Society for a grant to the Minnesota Military
19.29Museum. $1,000,000 is canceled to the
19.30general fund to support the appropriation to
19.31the Department of Veterans Affairs for repair
19.32and betterment of the Minnesota veterans
|Subd. 4.Enlistment Incentives
|Sec. 38. VETERANS AFFAIRS
|Subdivision 1.Total Appropriation
20.7The amounts that may be spent for each
20.8purpose are specified in the following
|Appropriations by Fund
20.11Veterans Service Organizations. $353,000
20.12each year is for grants to the following
20.13congressionally chartered veterans service
20.14organizations, as designated by the
20.15commissioner: Disabled American Veterans,
20.16Military Order of the Purple Heart, the
20.17American Legion, Veterans of Foreign Wars,
20.18Vietnam Veterans of America, AMVETS,
20.19and Paralyzed Veterans of America. This
20.20funding must be allocated in direct proportion
20.21to the funding currently being provided by
20.22the commissioner to these organizations.
20.23Minnesota Assistance Council for
20.24Veterans. $750,000 each year is for a grant
20.25to the Minnesota Assistance Council for
20.26Veterans to provide assistance throughout
20.27Minnesota to veterans and their families who
20.28are homeless or in danger of homelessness,
20.29including assistance with the following:
20.31(2) employment; and
20.32(3) legal issues.
20.33The assistance authorized under this
20.34paragraph must be made only to veterans who
21.1have resided in Minnesota for 30 days prior
21.2to application for assistance and according
21.3to other guidelines established by the
21.4commissioner. In order to avoid duplication
21.5of services, the commissioner must ensure
21.6that this assistance is coordinated with all
21.7other available programs for veterans.
21.8Honor Guards. $200,000 each year is
21.9for compensation for honor guards at
21.10the funerals of veterans under Minnesota
21.11Statutes, section 197.231. This amount is
21.12added to the program's base funding.
21.13Minnesota GI Bill. $200,000 each year is
21.14for the costs of administering the Minnesota
21.15GI Bill postsecondary educational benefits,
21.16on-the-job training, and apprenticeship
21.17program under Minnesota Statutes, section
21.18197.791. Of this amount, $100,000 is for
21.19transfer to the Office of Higher Education.
21.20Gold Star Program. $100,000 each year
21.21is for administering the Gold Star Program
21.22for surviving family members of deceased
21.23veterans. This amount is added to the
21.24program's base funding.
21.25County Veterans Service Office.
21.26$1,100,000 each year is for funding the
21.27County Veterans Service Office grant
21.28program under Minnesota Statutes, section
|Subd. 2.Veterans Services
|Subd. 3.Veterans Homes
22.1Veterans Homes Special Revenue Account.
22.2$6,108,000 is transferred from the state
22.3employee group insurance program trust fund
22.4to the veterans home special revenue account
22.5in the special revenue fund. The general fund
22.6appropriations made to the department may
22.7be transferred to a veterans homes special
22.8revenue account in the special revenue fund
22.9in the same manner as other receipts are
22.10deposited according to Minnesota Statutes,
22.11section 198.34. Amounts in the account
22.12are appropriated to the department for the
22.13operation of veterans homes facilities and
22.15The general fund base in fiscal years 2018
22.16and 2019 for veterans homes is $51,120,000
|Appropriations by Fund
Sec. 39. ETHNIC COUNCILS ACCOUNT.
22.19The following amounts are deposited in the ethnic councils account in the special
22.21(1) $ 2,201,000 which is transferred from the state employee group insurance trust
22.23(2) $871,000 which is transferred from the state elections campaign fund; and
22.24(3) $294,000 from the appropriation related to health insurance transparency in Laws
22.252014, chapter 312, article 21, section 4, paragraph (a), is canceled to the general fund
22.26and transferred to the special revenue fund, effective the day following final enactment
22.27of this section.
Section 1. [2.92] DISTRICTING PRINCIPLES.
22.31 Subdivision 1. Applicability; constitutional duty of legislature. (a) The principles
22.32in this section apply to legislative and congressional districts.
23.1(b) Notwithstanding any laws to the contrary, legislative and congressional districts
23.2must be drawn by the legislature, consistent with the requirements of the Minnesota
23.3Constitution, article IV, section 3. The legislature may not delegate its duty to draw
23.4districts to any commission, council, panel, or other entity that is not comprised solely of
23.5members of the legislature.
23.6 Subd. 2. Nesting. A representative district may not be divided in the formation
23.7of a senate district.
23.8 Subd. 3. Equal population. (a) Legislative districts must be substantially equal
23.9in population. The population of a legislative district must not deviate from the ideal
23.10by more than 0.5 percent, plus or minus.
23.11(b) Congressional districts must be as nearly equal in population as practicable.
23.12 Subd. 4. Contiguity; compactness. The districts must be composed of convenient
23.13contiguous territory. To the extent consistent with the other principles in this section,
23.14districts should be compact. Contiguity by water is sufficient if the water is not a serious
23.15obstacle to travel within the district. Point contiguity is not sufficient.
23.16 Subd. 5. Numbering. (a) Legislative districts must be numbered in a regular series,
23.17beginning with house district 1A in the northwest corner of the state and proceeding across
23.18the state from west to east, north to south, but bypassing the 11-county metropolitan
23.19area until the southeast corner has been reached; then to the 11-county metropolitan area
23.20outside the cities of Minneapolis and St. Paul; then in Minneapolis and St. Paul.
23.21(b) Congressional district numbers must begin with district one in the southeast
23.22corner of the state and end with district eight in the northeast corner of the state.
23.23 Subd. 6. Minority representation. (a) The dilution of racial or ethnic minority
23.24voting strength is contrary to the laws of the United States and the state of Minnesota.
23.25These principles must not be construed to supersede any provision of the Voting Rights
23.26Act of 1965, as amended.
23.27(b) A redistricting plan must not have the intent or effect of dispersing or
23.28concentrating minority population in a manner that prevents minority communities from
23.29electing their candidates of choice.
23.30 Subd. 7. Minor civil divisions. (a) A county, city, or town must not be unduly
23.31divided unless required to meet equal population requirements or to form districts
23.32composed of convenient, contiguous territory.
23.33(b) A county, city, or town is not unduly divided in the formation of a legislative or
23.34congressional district if:
23.35(1) the division occurs because a portion of a city or town is noncontiguous with
23.36another portion of the same city or town; or
24.1(2) despite the division, the known population of any affected county, city, or town
24.2remains wholly located within a single district.
24.3 Subd. 8. Preserving communities of interest. (a) Districts should attempt to
24.4preserve identifiable communities of interest where that can be done in compliance with
24.5the principles under this section.
24.6(b) For purposes of this subdivision, "communities of interest" means recognizable
24.7areas with similarities of interests including, but not limited to, racial, ethnic, geographic,
24.8social, or cultural interests.
24.9 Subd. 9. Data to be used. (a) The geographic areas and population counts used in
24.10maps, tables, and legal descriptions of the districts must be those used by the Geographic
24.11Information Systems Office of the Legislative Coordinating Commission. The population
24.12counts will be the block population counts provided to the state under Public Law 94-171
24.13after each decennial census, subject to correction of any errors acknowledged by the
24.14United States Census Bureau.
24.15(b) Nothing in this subdivision prohibits the use of additional data, as determined
24.16by the legislature.
24.17 Subd. 10. Consideration of plans. A redistricting plan must not be considered for
24.18adoption by the senate or house of representatives until a block equivalency file showing
24.19the district to which each census block has been assigned, in a form prescribed by the
24.20director of the Geographic Information Systems Office, has been filed with the director.
24.21 Subd. 11. Priority of principles. Where it is not possible to fully comply with the
24.22principles contained in subdivisions 1 to 8, a redistricting plan must give priority to those
24.23principles in the order in which they are listed in this section, except to the extent that
24.24doing so would violate federal or state law.
24.25EFFECTIVE DATE. This section is effective the day following final enactment
24.26and applies to any plan for districts enacted or established for use on or after that date.
Sec. 2. Minnesota Statutes 2014, section 3.971, is amended by adding a subdivision to
24.29 Subd. 8a. Fiscal notes and revenue estimates. The legislative auditor shall
24.30participate in the fiscal note and revenue estimate process in the manner described in
24.31section 3.98. Authority of the legislative auditor and duties of employees and entities
24.32under section 3.978, subdivision 2, apply to the legislative auditor's work on fiscal notes
24.33and revenue estimates.
Sec. 3. [3.9735] EVALUATION OF ECONOMIC DEVELOPMENT INCENTIVE
25.3 Subdivision 1. Definitions. For purposes of this section, the terms defined in this
25.4section have the meanings given them.
25.5(a) "General incentive" means a state program, statutory provision, or tax
25.6expenditure, including tax credits, tax exemptions, tax deductions, grants, or loans, that
25.7is intended to encourage businesses to locate, expand, invest, or remain in Minnesota or
25.8to hire or retain employees in Minnesota. To be a general incentive, a state program,
25.9statutory provision, or tax expenditure must be available to multiple entities, projects, or
25.10associated projects or include eligibility criteria with the intent that it will be available to
25.11multiple entities, projects, or associated projects.
25.12(b) "Exclusive incentive" means a state program, statutory provision, tax
25.13expenditure, or section of a general incentive, including tax credits, tax exemptions, tax
25.14deductions, grants, or loans, that is intended to encourage a single specific entity, project,
25.15or associated projects to locate, expand, invest, or remain in Minnesota or to hire or retain
25.16employees in Minnesota.
25.17 Subd. 2. Selection of general incentives for review; schedule for evaluation;
25.18report. Annually, the legislative auditor shall submit to the Legislative Audit Commission
25.19a list of three to five general incentives proposed for review. In selecting general
25.20incentives to include on this list, the legislative auditor may consider what the incentive
25.21will cost state and local governments in actual spending and foregone revenue currently or
25.22projected into the future, the legislature's need for information about a general incentive
25.23that has an upcoming expiration date, and the legislature's need for regular information on
25.24the results of all major general incentives. Annually, the Legislative Audit Commission
25.25will select at least one general incentive for the legislative auditor's evaluation. The
25.26legislative auditor will evaluate the selected general incentive or incentives, prepared
25.27according to the evaluation plan established under subdivision 4, and submit a written
25.28report to the Legislative Audit Commission.
25.29 Subd. 3. Exclusive incentive schedule. The legislative auditor's schedule shall
25.30ensure that at least once every four years the legislative auditor will complete an analysis
25.31of best practices for exclusive incentives.
25.32 Subd. 4. Evaluation plans. By February 1, 2016, the Legislative Audit Commission
25.33shall establish evaluation plans that identify elements that the legislative auditor must
25.34include in evaluations of a general incentive and an exclusive incentive. The Legislative
25.35Audit Commission may modify the evaluation plans as needed.
Sec. 4. Minnesota Statutes 2014, section 3.98, is amended to read:
26.23.98 FISCAL NOTES AND REVENUE ESTIMATES.
Subdivision 1. Preparation.
The head or chief administrative officer of each
26.4 department or agency of the state government, including the Supreme Court, shall prepare
26.5 a fiscal note at the request of the chair of the standing committee to which a bill has been
26.6 referred, or the chair of the house of representatives Ways and Means Committee, or the
26.7 chair of the senate Committee on Finance.
26.8 For purposes of this subdivision, "Supreme Court" includes all agencies, committees,
26.9 and commissions supervised or appointed by the state Supreme Court or the state court
26.10 administrator. (a) The chair of the standing committee to which a bill has been referred,
26.11the chair of the house of representatives Ways and Means Committee, and the chair of
26.12the senate Committee on Finance may request a fiscal note. The chair of the house of
26.13representatives or senate tax committee may request a revenue estimate. A request for a
26.14fiscal note or revenue estimate must be filed with the legislative auditor.
26.15(b) Upon receiving a request for a fiscal note or revenue estimate, the legislative
26.16auditor shall request appropriate agencies, offices, boards, or commissions in the executive,
26.17judicial, or legislative branch to provide the legislative auditor with an analysis of the
26.18financial and personnel impacts of the bill. The analysis must include a clear statement
26.19of the assumptions used in the analysis and the extent to which alternative assumptions
26.20were considered. Agencies, offices, boards, or commissions shall, after receiving a request
26.21from the legislative auditor, submit the analysis in the time and manner requested by the
26.22auditor. The legislative auditor may require agencies, offices, boards, or commissions to
26.23use the fiscal note tracking system developed and maintained by the commissioner of
26.24management and budget for submitting fiscal note information and analysis.
26.25(c) The legislative auditor shall review the analysis submitted by agencies, offices,
26.26boards, or commissions and assess the reasonableness of the analysis, particularly the
26.27reasonableness of the assumptions used in the analysis. The auditor may require agencies,
26.28offices, boards, or commissions to resubmit their analysis under new assumptions or
26.29calculation parameters as defined by the auditor.
26.30(d) When the legislative auditor accepts the final analysis from all relevant agencies,
26.31offices, boards, or commissions, the legislative auditor shall deliver the completed
26.32fiscal note or revenue estimate. The note or estimate must contain the final analysis
26.33and assumptions submitted to the legislative auditor by agencies, offices, boards, or
26.34commissions, and a statement by the legislative auditor as to whether the legislative
26.35auditor agrees with the final analysis and assumptions. The auditor must state the
26.36reasons for any disagreements and may offer alternative analysis and assumptions for
27.1consideration by the legislature. If the legislative auditor deems these disagreements
27.2sufficiently large, the legislative auditor may submit an unofficial "unapproved" fiscal note
27.3to the legislature for public consideration of both the analysis of the agencies, offices,
27.4boards, or commissions, and of the legislative auditor.
Subd. 2. Contents.
fiscal note, where possible, shall:
(1) cite the effect in dollar amounts;
(2) cite the statutory provisions affected;
(3) estimate the increase or decrease in revenues or expenditures;
(4) include the costs which may be absorbed without additional funds;
(5) include the assumptions used in determining the cost estimates; and
(6) specify any long-range implication.
The A revenue estimate must estimate the effect of a bill on state tax revenues.
fiscal note or revenue estimate
may comment on technical or mechanical
defects in the bill but shall express no opinions concerning the merits of the proposal.
Subd. 3. Distribution.
A copy of
fiscal note shall be delivered to the chair
of the Ways and Means Committee of the house of representatives, the chair of the
Finance Committee of the senate, the chair of the standing committee to which the bill
has been referred, to the chief author of the bill and to the commissioner of management
and budget. A copy of a revenue estimate shall be delivered to the chairs of the house
27.20of representatives and senate tax committees, to the chief author of the bill, and to the
27.21commissioner of revenue.
Subd. 4. Uniform procedure.
commissioner of management and budget
shall prescribe a uniform procedure to govern the departments and
agencies of the state in complying with the requirements of this section.
27.25 Subd. 5. Tracking system. The commissioner of management and budget shall
27.26provide the legislative auditor with manuals and other documentation requested by the
27.27auditor for the fiscal note tracking system that is maintained by the commissioner.
Sec. 5. Minnesota Statutes 2014, section 3.987, subdivision 1, is amended to read:
Subdivision 1. Local impact notes.
commissioner of management and budget
shall coordinate the development of a local impact note for any proposed
introduced after June 30, 1997,
upon request of the chair or the ranking minority
member of either legislative Tax, Finance, or Ways and Means Committee. Upon receipt
of a request to prepare a local impact note, the
must notify the
authors of the proposed legislation that the request has been made. The local impact note
must be made available to the public upon request. If the action is among the exceptions
listed in section
, a local impact note need not be requested nor prepared. The
shall make a reasonable and timely estimate of the local fiscal impact
on each type of political subdivision that would result from the proposed legislation. The
commissioner of management and budget auditor
may require any political subdivision or
the commissioner of an administrative agency of the state to supply in a timely manner
any information determined to be necessary to determine local fiscal impact. The political
subdivision, its representative association, or commissioner shall convey the requested
information to the
commissioner of management and budget auditor
with a signed
statement to the effect that the information is accurate and complete to the best of its ability.
The political subdivision, its representative association, or commissioner, when requested,
shall update its determination of local fiscal impact based on actual cost or revenue figures,
improved estimates, or both. Upon completion of the note, the
provide a copy to the authors of the proposed legislation and to the chair and ranking
minority member of each committee to which the proposed legislation is referred.
Sec. 6. [6.481] COUNTY AUDITS.
28.16 Subdivision 1. Powers and duties. All the powers and duties conferred and imposed
28.17upon the state auditor shall be exercised and performed by the state auditor in respect to
28.18the offices, institutions, public property, and improvements of several counties of the
28.19state. The state auditor may visit, without previous notice, each county and examine all
28.20accounts and records relating to the receipt and disbursement of the public funds and the
28.21custody of the public funds and other property. The state auditor shall prescribe and install
28.22systems of accounts and financial reports that shall be uniform, so far as practicable, for
28.23the same class of offices.
28.24 Subd. 2. Annual audit required. A county must have an annual financial audit.
28.25A county may choose to have the audit performed by the state auditor, or may choose to
28.26have the audit performed by a CPA firm meeting the requirements of section 326A.05.
28.27The state auditor or a CPA firm may accept the records and audit of the Department of
28.28Human Services instead of examining county human service funds, if the audit of the
28.29Department of Human Services has been made within any period covered by the auditor's
28.30audit of other county records.
28.31 Subd. 3. CPA firm audit. A county audit performed by a CPA firm must meet
28.32the standards and be in the form required by the state auditor. The state auditor may
28.33require additional information from the CPA firm if the state auditor determines that is
28.34in the public interest, but the state auditor must accept the audit unless the state auditor
28.35determines it does not meet recognized industry auditing standards or is not in the form
29.1required by the state auditor. The state auditor may make additional examinations as the
29.2auditor determines to be in the public interest.
29.3 Subd. 4. Audit availability; data. A copy of the annual audit by the state auditor or
29.4by a CPA firm must be available for public inspection in the Office of the State Auditor and
29.5in the Office of the County Auditor. If an audit is performed by a CPA firm, data relating
29.6to the audit are subject to the same data classifications that apply under section 6.715. A
29.7CPA firm conducting a county audit must provide access to data relating to the audit and is
29.8liable for unlawful disclosure of the data as if it were a government entity under chapter 13.
29.9 Subd. 5. Reporting. If an audit conducted by the state auditor or a CPA firm
29.10discloses malfeasance, misfeasance, or nonfeasance, the auditor must report this to the
29.11county attorney, who shall institute civil and criminal proceedings as the law and the
29.12protection of the public interests requires.
29.13 Subd. 6. Payments to state auditor. A county audited by the state auditor must
29.14pay the state auditor for the costs and expenses of the audit. If the state auditor makes
29.15additional examinations of a county whose audit is performed by a CPA firm, the county
29.16must pay the auditor for the cost of these examinations. Payments must be deposited in
29.17the state auditor enterprise fund.
29.18 Subd. 7. Procedures for change of auditor. A county that plans to change to or
29.19from the state auditor and a CPA firm must notify the state auditor of this change by
29.20August 1 of an even-numbered year. Upon this notice, the following calendar year will be
29.21the first year's records that will be subject to an audit by the new entity. A county that
29.22changes to or from the state auditor must have two annual audits done by the new entity.
Sec. 7. Minnesota Statutes 2014, section 10.43, is amended to read:
29.2410.43 TELEPHONE USE; APPROVAL.
Each representative, senator, constitutional officer, judge, and head of a state
department or agency shall sign the person's monthly long-distance telephone bills paid
by the state as evidence of the person's approval of each bill. This signature requirement
29.28does not apply to a month in which the person's long-distance phone bill paid by the
29.29state is less than $5.
29.30(b) Even if the monthly long-distance phone bill paid by the state for a person
29.31subject to this section is less than $5, the person is responsible for paying that portion of
29.32the bill that does not relate to state business. As provided in section 10.46, long-distance
29.33telephone bills paid by the state are public data, regardless of the amount of the bills.
30.1EFFECTIVE DATE.This section is effective for telephone bills for usage on or
30.2after July 1, 2015.
Sec. 8. Minnesota Statutes 2014, section 10A.01, subdivision 26, is amended to read:
Subd. 26. Noncampaign disbursement.
"Noncampaign disbursement" means
a purchase or payment of money or anything of value made, or an advance of credit
incurred, or a donation in kind received, by a principal campaign committee for any of
the following purposes:
(1) payment for accounting and legal services;
(2) return of a contribution to the source;
(3) repayment of a loan made to the principal campaign committee by that committee;
return of a public subsidy;
payment for food, beverages, and necessary utensils and supplies, entertainment,
and facility rental for a fund-raising event;
services for a constituent by a member of the legislature or a constitutional
officer in the executive branch, including the costs of preparing and distributing a
suggestion or idea solicitation to constituents, performed from the beginning of the term
of office to adjournment sine die of the legislature in the election year for the office
held, and half the cost of services for a constituent by a member of the legislature or a
constitutional officer in the executive branch performed from adjournment sine die to 60
days after adjournment sine die;
payment for food and beverages consumed by a candidate or volunteers while
they are engaged in campaign activities;
payment for food or a beverage consumed while attending a reception or
meeting directly related to legislative duties;
payment of expenses incurred by elected or appointed leaders of a legislative
caucus in carrying out their leadership responsibilities;
payment by a principal campaign committee of the candidate's expenses
for serving in public office, other than for personal uses;
costs of child care for the candidate's children when campaigning;
fees paid to attend a campaign school;
costs of a postelection party during the election year when a candidate's
name will no longer appear on a ballot or the general election is concluded, whichever
interest on loans paid by a principal campaign committee on outstanding
post-general election holiday or seasonal cards, thank-you notes, or
advertisements in the news media mailed or published prior to the end of the election cycle;
the cost of campaign material purchased to replace defective campaign
material, if the defective material is destroyed without being used;
contributions to a party unit;
payments for funeral gifts or memorials;
the cost of a magnet less than six inches in diameter containing legislator
contact information and distributed to constituents;
costs associated with a candidate attending a political party state or national
convention in this state;
other purchases or payments specified in board rules or advisory opinions
as being for any purpose other than to influence the nomination or election of a candidate
or to promote or defeat a ballot question; and
costs paid to a third party for processing contributions made by a credit
card, debit card, or electronic check.
The board must determine whether an activity involves a noncampaign disbursement
within the meaning of this subdivision.
A noncampaign disbursement is considered to be made in the year in which the
candidate made the purchase of goods or services or incurred an obligation to pay for
goods or services.
31.22EFFECTIVE DATE.This section is effective July 1, 2015, and applies to elections
31.23held on or after that date.
Sec. 9. Minnesota Statutes 2014, section 10A.105, subdivision 1, is amended to read:
Subdivision 1. Single committee.
A candidate must not accept contributions
from a source, other than self, in aggregate in excess of $750
or accept a public subsidy
unless the candidate designates and causes to be formed a single principal campaign
committee for each office sought. A candidate may not authorize, designate, or cause to be
formed any other political committee bearing the candidate's name or title or otherwise
operating under the direct or indirect control of the candidate. However, a candidate may
be involved in the direct or indirect control of a party unit.
31.32EFFECTIVE DATE.This section is effective July 1, 2015, and applies to elections
31.33held on or after that date.
Sec. 10. Minnesota Statutes 2014, section 10A.15, subdivision 1, is amended to read:
Subdivision 1. Anonymous contributions.
A political committee, political fund,
principal campaign committee, or party unit may not retain an anonymous contribution
in excess of $20, but must forward it to the board for deposit in the general
32.5 the state elections campaign account fund
32.6EFFECTIVE DATE.This section is effective July 1, 2015.
Sec. 11. Minnesota Statutes 2014, section 10A.245, subdivision 2, is amended to read:
Subd. 2. Termination by board.
The board may terminate the registration of
a principal campaign committee, party unit, political committee, or political fund found
to be inactive under this section 60 days after sending written notice of inactivity by
certified mail to the affected association at the last address on record with the board for
that association. Within 60 days after the board sends notice under this section, the
affected association must dispose of its assets as provided in this subdivision. The assets
of the principal campaign committee, party unit, or political committee must be used for
the purposes authorized by this chapter or section
or must be liquidated and
deposited in the general
account of the state elections campaign account fund
. The assets
of an association's political fund that were derived from the association's general treasury
money revert to the association's general treasury. Assets of a political fund that resulted
from contributions to the political fund must be used for the purposes authorized by this
chapter or section
or must be liquidated and deposited in the general
32.21 the state elections campaign account fund
32.22EFFECTIVE DATE.This section is effective July 1, 2015.
Sec. 12. Minnesota Statutes 2014, section 10A.257, subdivision 1, is amended to read:
Subdivision 1. Unused funds. For election cycles ending on or before December
after all campaign expenditures and noncampaign disbursements for an election
cycle have been made, an amount up to 25 percent of the 2014
election cycle expenditure
limit for the office may be carried forward. Any remaining amount up to the total amount of
public subsidy from the state elections campaign fund must be returned to the state
treasury for credit to the general fund under section
. Any remaining amount in
excess of the 2014
total public subsidy must be contributed to the state elections campaign
account or a political party for multicandidate expenditures as defined in section
32.32EFFECTIVE DATE.This section is effective July 1, 2015, and applies to elections
32.33held on or after that date.
Sec. 13. Minnesota Statutes 2014, section 10A.38, is amended to read:
33.210A.38 CAPTIONING OF CAMPAIGN ADVERTISEMENTS.
This section applies to a campaign advertisement by a candidate who is governed
33.4 by an agreement under section
"Campaign advertisement" means a professionally produced visual or audio
recording of two minutes or less produced by the candidate for the purpose of influencing
the nomination or election of a candidate.
A campaign advertisement that is disseminated as an advertisement by
broadcast or cable television must include closed captioning for deaf and hard-of-hearing
viewers, unless the candidate has filed with the board before the advertisement is
disseminated a statement setting forth the reasons for not doing so. A campaign
advertisement that is disseminated as an advertisement to the public on the candidate's
Web site must include closed captioning for deaf and hard-of-hearing viewers, unless the
candidate has posted on the Web site a transcript of the spoken content of the advertisement
or the candidate has filed with the board before the advertisement is disseminated a
statement setting forth the reasons for not doing so. A campaign advertisement must
not be disseminated as an advertisement by radio unless the candidate has posted on
the candidate's Web site a transcript of the spoken content of the advertisement or the
candidate has filed with the board before the advertisement is disseminated a statement
setting forth the reasons for not doing so.
Sec. 14. Minnesota Statutes 2014, section 14.02, is amended by adding a subdivision
33.23 Subd. 5. Substantial economic impact. A rule has a "substantial economic impact"
33.24if the rule would result in, or likely result in:
33.25(1) an adverse effect or impact on the private-sector economy of the state of
33.26Minnesota of $5,000,000 or more in a single year;
33.27(2) a significant increase in costs or prices for consumers, individual private-sector
33.28industries, state agencies, local governments, individuals, or private-sector enterprises
33.29within certain geographic regions inside the state of Minnesota;
33.30(3) significant adverse impacts on the competitiveness of private-sector
33.31Minnesota-based enterprises or on private-sector employment, investment, productivity,
33.32or innovation within the state of Minnesota; or
33.33(4) compliance costs, in the first year after the rule takes effect, of more than $25,000
33.34for any one business that has less than 50 full-time employees, or for any one statutory or
33.35home rule charter city that has less than ten full-time employees.
Sec. 15. Minnesota Statutes 2014, section 14.05, subdivision 1, is amended to read:
Subdivision 1. Authority to adopt original rules restricted. (a)
Each agency shall
adopt, amend, suspend, or repeal its rules: (1)
in accordance with the procedures specified
, and; (2)
only pursuant to authority delegated by state or
in full compliance with its duties and obligations.
If a law authorizing rules is repealed, the rules adopted pursuant to that law are
automatically repealed on the effective date of the law's repeal unless there is another
law authorizing the rules.
Except as provided in section
shall not be
authority for an agency to adopt, amend, suspend, or repeal rules.
Sec. 16. Minnesota Statutes 2014, section 14.05, subdivision 2, is amended to read:
Subd. 2. Authority to modify proposed rule.
(a) An agency may modify a
proposed rule in accordance with the procedures of the Administrative Procedure Act.
However, an agency may not modify a proposed rule so that it is substantially different
from the proposed rule in the notice of intent to adopt rules or notice of hearing.
(b) A modification does not make a proposed rule substantially different if:
(1) the differences are within the scope of the matter announced in the notice of
intent to adopt or notice of hearing and are in character with the issues raised in that notice;
(2) the differences are a logical outgrowth of the contents of the notice of intent to
adopt or notice of hearing and the comments submitted in response to the notice; and
(3) the notice of intent to adopt or notice of hearing provided fair warning that the
outcome of that rulemaking proceeding could be the rule in question.
(c) In determining whether the notice of intent to adopt or notice of hearing provided
fair warning that the outcome of that rulemaking proceeding could be the rule in question
the following factors must be considered:
(1) the extent to which persons who will be affected by the rule should have
understood that the rulemaking proceeding on which it is based could affect their interests;
(2) the extent to which the subject matter of the rule or issues determined by the
rule are different from the subject matter or issues contained in the notice of intent to
adopt or notice of hearing; and
(3) the extent to which the effects of the rule differ from the effects of the proposed
rule contained in the notice of intent to adopt or notice of hearing.
34.33(d) A modification makes a proposed rule substantially different if the modification
34.34causes a rule that did not previously have a substantial economic impact to have a
34.35substantial economic impact.
Sec. 17. Minnesota Statutes 2014, section 14.116, is amended to read:
35.214.116 NOTICE TO LEGISLATURE.
(a) By January 15 each year, each agency must submit its rulemaking docket
maintained under section
, and the official rulemaking record required under section
for any rule adopted during the preceding calendar year, to the chairs and ranking
minority members of the legislative policy and budget committees with jurisdiction over
the subject matter of the proposed rule and to the Legislative Coordinating Commission.
35.8Each agency must post a link to its rulemaking docket on the agency Web site home page
(b) When an agency mails notice of intent to adopt rules under section
, the agency must send a copy of the same notice and a copy of the statement of need
and reasonableness to the chairs and ranking minority party members of the legislative
policy and budget committees with jurisdiction over the subject matter of the proposed
rules and to the Legislative Coordinating Commission.
(c) In addition, if the mailing of the notice is within two years of the effective date
of the law granting the agency authority to adopt the proposed rules, the agency shall
make reasonable efforts to send a copy of the notice and the statement to all sitting
legislators who were chief house of representatives and senate authors of the bill granting
the rulemaking authority. If the bill was amended to include this rulemaking authority,
the agency shall make reasonable efforts to send the notice and the statement to the chief
house of representatives and senate authors of the amendment granting rulemaking
authority, rather than to the chief authors of the bill.
Sec. 18. Minnesota Statutes 2014, section 14.127, is amended to read:
35.2314.127 LEGISLATIVE APPROVAL REQUIRED.
Cost thresholds Substantial economic impact.
An agency must
the cost of complying with
a proposed rule
in the first year after the rule
35.26 takes effect will exceed $25,000 for: (1) any one business that has less than 50 full-time
35.27 employees; or (2) any one statutory or home rule charter city that has less than ten
35.28 full-time employees. For purposes of this section, "business" means a business entity
35.29 organized for profit or as a nonprofit, and includes an individual, partnership, corporation,
35.30 joint venture, association, or cooperative has a substantial economic impact, as defined
35.31in section 14.02, subdivision 5
Subd. 2. Agency determination.
An agency must make the determination required
by subdivision 1 before the
close of the hearing record, or before the agency submits the
35.34 record to the administrative law judge if there is no hearing agency gives notice under
36.1section 14.14, 14.22, 14.225, or 14.389
The administrative law judge must review and
36.2 approve or disapprove the agency determination under this section.
Subd. 3. Legislative approval required. (a) If the agency determines that a
36.4proposed rule has a substantial economic impact, the agency must request the legislative
36.5auditor to convene a five-person peer review advisory panel to conduct an impact analysis
36.6of the proposed rule. Within 30 days of receipt of the agency's request, the legislative
36.7auditor shall convene a peer review advisory panel. The advisory panel must be made up
36.8of individuals who have not directly or indirectly been involved in the work conducted or
36.9contracted by the agency and who are not employed by the agency. The agency must pay
36.10each panel member for the costs of the person's service on the panel, as determined by
36.11the legislative auditor. The agency shall transfer an amount from the agency's operating
36.12budget to the legislative auditor to pay for costs for convening the peer review advisory
36.13panel process. The panel may receive written and oral comments from the public during
36.14its review. The panel must submit its report within 60 days of being convened. The
36.15agency must receive a final report from the panel before the agency conducts a public
36.16hearing on a proposed rule or, if no hearing is held, before the rule is submitted to the
36.17administrative law judge. The panel's report must include its conclusions on the extent to
36.18which the proposed rule:
36.19(1) is based on sound, reasonably available scientific, technical, economic, or other
36.20information or rationale; and
36.21(2) is more restrictive than a standard, limitation, or requirement imposed by federal
36.22law or rule pertaining to the same subject matter.
36.23(b) If the agency determines that a rule does not have a substantial economic impact,
36.24the administrative law judge must review this determination. If the administrative law
36.25judge determines that a rule may have a substantial economic impact, the agency must
36.26have the legislative auditor arrange for the analysis required by paragraph (a), and the
36.27agency must give new notice of intent to adopt the proposed rule after receiving this
36.28analysis. The administrative law judge may make this determination as part of the
36.29administrative law judge's report on the proposed rule, or at any earlier time after the
36.30administrative law judge is assigned to the rule proceeding.
If the agency determines that the
cost exceeds the threshold in subdivision 1
36.32proposed rule has a substantial economic impact
, or if the administrative law judge
disapproves the agency's determination that the
cost does rule does
exceed the threshold
36.34 in subdivision 1, any business that has less than 50 full-time employees or any statutory
36.35 or home rule charter city that has less than ten full-time employees may file a written
36.36 statement with the agency claiming a temporary exemption from the rules. Upon filing of
37.1 such a statement with the agency, the rules do not apply to that business or that city until the
37.2 rules are have a substantial economic impact, the agency or the administrative law judge
37.3shall deliver the determination and peer review advisory panel report to the Legislative
37.4Coordinating Commission and to the chairs and ranking minority members of the house
37.5of representatives and senate committees and divisions with jurisdiction over the subject
37.6matter of the rule, and the proposed rule does not take effect until the rule is
approved by a
law enacted after the agency determination or administrative law judge disapproval.
Subd. 4. Exceptions.
Subdivision 3 does not apply if the administrative law
37.9 judge approves an agency's determination that the legislature has appropriated money to
37.10 sufficiently fund the expected cost of the rule upon the business or city proposed to be
37.11 regulated by the rule.
Subdivision 3 does not apply if the administrative law judge approves an
agency's determination that the rule has been proposed pursuant to a specific federal
statutory or regulatory mandate.
This section does not apply if the rule is adopted under section
under another law specifying that the rulemaking procedures of this chapter do not apply.
This section does not apply to a rule adopted by the Public Utilities
(e) Subdivision 3 does not apply if the governor waives application of subdivision 3.
37.20 The governor may issue a waiver at any time, either before or after the rule would take
37.21 effect, but for the requirement of legislative approval. As soon as possible after issuing a
37.22 waiver under this paragraph, the governor must send notice of the waiver to the speaker of
37.23 the house and the president of the senate and must publish notice of this determination in
37.24 the State Register.
Subd. 5. Severability.
If an administrative law judge determines that part of a
exceeds the threshold specified in subdivision 1 has a substantial economic
, but that a severable portion of a proposed rule does not
exceed the threshold in
37.28 subdivision 1 have a substantial economic impact
, the administrative law judge may
provide that the severable portion of the rule that does not
exceed the threshold have a
37.30substantial economic impact
may take effect without legislative approval.
Sec. 19. Minnesota Statutes 2014, section 14.131, is amended to read:
37.3214.131 STATEMENT OF NEED AND REASONABLENESS.
By the date of the section
14.14, subdivision 1a
, 14.22, or 14.225,
notice, the agency
must prepare, review, and make available for public review a statement of the need for and
reasonableness of the rule. The statement of need and reasonableness must be prepared
under rules adopted by the chief administrative law judge and must include the following
to the extent the agency, through reasonable effort, can ascertain this information:
(1) a description of the classes of persons who probably will be affected by the
proposed rule, including classes that will bear the costs of the proposed rule and classes
that will benefit from the proposed rule;
(2) the probable costs to the agency and to any other agency of the implementation
and enforcement of the proposed rule and any anticipated effect on state revenues;
(3) a determination of whether there are less costly methods or less intrusive
methods for achieving the purpose of the proposed rule;
(4) a description of any alternative methods for achieving the purpose of the
proposed rule that were seriously considered by the agency and the reasons why they
were rejected in favor of the proposed rule;
(5) the probable costs of complying with the proposed rule, including the portion
of the total costs that will be borne by identifiable categories of affected parties, such as
separate classes of governmental units, businesses, or individuals;
(6) the probable costs or consequences of not adopting the proposed rule, including
those costs or consequences borne by identifiable categories of affected parties, such as
separate classes of government units, businesses, or individuals;
(7) an assessment of any differences between the proposed rule and existing federal
regulations and a specific analysis of the need for and reasonableness of each difference;
(8) an assessment of the cumulative effect of the rule with other federal and state
regulations related to the specific purpose of the rule
38.23(9) the agency's findings and conclusions that support its determination that the
38.24proposed rule does or does not have a substantial economic impact.
The statement must describe how the agency, in developing the rules, considered
and implemented the legislative policy supporting performance-based regulatory systems
set forth in section
14.002 in a cost-effective and timely manner
For purposes of clause (8), "cumulative effect" means the impact that results from
incremental impact of the proposed rule in addition to other rules, regardless of what
state or federal agency has adopted the other rules. Cumulative effects can result from
individually minor but collectively significant rules adopted over a period of time.
38.32The statement must describe, with reasonable particularity, the scientific, technical,
38.33economic, or other information and rationale that supports the proposed rule.
The statement must also describe the agency's efforts to provide additional
notification under section
14.14, subdivision 1a
, to persons or classes of persons who may
be affected by the proposed rule or must explain why these efforts were not made.
The agency must consult with the commissioner of management and budget to
help evaluate the fiscal impact and fiscal benefits of the proposed rule on units of local
government. The agency must send a copy of the statement of need and reasonableness
to the Legislative Reference Library when the notice of hearing is mailed under section
39.514.14, subdivision 1a
Sec. 20. Minnesota Statutes 2014, section 14.388, subdivision 2, is amended to read:
Subd. 2. Notice.
An agency proposing to adopt, amend, or repeal a rule under this
section must give notice to the chairs and ranking minority members of the legislative
39.9policy and budget committees with jurisdiction over the subject matter of the proposed
39.10rules and to the Legislative Coordinating Commission, must give
electronic notice of its
intent in accordance with section
16E.07, subdivision 3
, and must give
notice by United
States mail or electronic mail to persons who have registered their names with the agency
14.14, subdivision 1a
. The notice must be given no later than the date the
agency submits the proposed rule to the Office of Administrative Hearings for review
of its legality and must include:
(1) the proposed rule, amendment, or repeal;
(2) an explanation of why the rule meets the requirements of the good cause
exemption under subdivision 1; and
(3) a statement that interested parties have five business days after the date of the
notice to submit comments to the Office of Administrative Hearings.
Sec. 21. Minnesota Statutes 2014, section 14.389, subdivision 2, is amended to read:
Subd. 2. Notice and comment.
The agency must publish notice of the proposed
rule in the State Register
must mail the notice by United States mail or electronic
mail to persons who have registered with the agency to receive mailed notices, and must
39.25give notice to the chairs and ranking minority members of the legislative policy and
39.26budget committees with jurisdiction over the subject matter of the proposed rules and to
39.27the Legislative Coordinating Commission
. The mailed notice and the notice to legislators
must include either a copy of the proposed rule or a description of the nature and effect
of the proposed rule and a statement that a free copy is available from the agency upon
request. The notice in the State Register must include the proposed rule or the amended
rule in the form required by the revisor under section
, an easily readable and
understandable summary of the overall nature and effect of the proposed rule, and a
citation to the most specific statutory authority for the rule, including authority for the
rule to be adopted under the process in this section. The agency must allow 30 days after
publication in the State Register for comment on the rule.
Sec. 22. Minnesota Statutes 2014, section 14.44, is amended to read:
40.414.44 DETERMINATION OF VALIDITY OF RULE.
The validity of any rule, or the validity of any agency policy, guideline, bulletin,
40.6criterion, manual standard, or similar pronouncement that the petitioner believes is a
40.7rule as defined in section 14.02, subdivision 4,
may be determined upon the petition
for a declaratory judgment thereon, addressed to the Court of Appeals, when it appears
that the rule or pronouncement
, or its threatened application, interferes with or impairs,
or threatens to interfere with or impair the legal rights or privileges of the petitioner.
The agency shall be made a party to the proceeding. The declaratory judgment may be
rendered whether or not the petitioner has first requested the agency to pass upon the
validity of the rule in question, whether or not the petitioner has petitioned the Office
40.14of Administrative Hearings under section 14.381,
and whether or not the agency has
commenced an action against the petitioner to enforce the rule.
40.16(b) If the subject of the petition is an agency policy, guideline, bulletin, criterion,
40.17manual standard, or similar pronouncement, the agency must cease enforcement of the
40.18pronouncement upon filing of the petition until the Court of Appeals rules on the matter.
40.19The agency is liable for all costs associated with review of the petition. If the Court of
40.20Appeals rules in favor of the agency, the agency may recover all or a portion of the cost
40.21from the petitioner unless the petitioner is entitled to proceed in forma pauperis under
40.22section 563.01, or the court determines that the petition was brought in good faith or the
40.23assessment of the costs would constitute an undue hardship for the petitioner.
Sec. 23. Minnesota Statutes 2014, section 14.45, is amended to read:
40.2514.45 RULE DECLARED INVALID.
In proceedings under section
, the court shall declare the rule or agency
invalid if it finds that it violates constitutional provisions or exceeds the
statutory authority of the agency or if the rule
was adopted or the pronouncement was
without compliance with statutory rulemaking procedures. Any
party to proceedings under section
, including the agency, may appeal an adverse
decision of the Court of Appeals to the Supreme Court as in other civil cases.
Sec. 24. [15.0145] ETHNIC COUNCILS.
41.1 Subdivision 1. Three ethnic councils; creation. (a) The Minnesota Council on
41.2Latino Affairs includes public members with an ethnic heritage from Mexico, any of the
41.3countries in Central or South America, Cuba, the Dominican Republic, or Puerto Rico.
41.4(b) The Minnesota African Heritage Council includes public members of black
41.6(c) The Council on Asian-Pacific Minnesotans includes public members with an
41.7ethnic heritage from any of the countries east of, and including, Afghanistan or the
41.9 Subd. 2. Membership. (a) Each council has 15 voting members. Eleven members
41.10of each council are public members appointed by the governor. Four members of each
41.11council are legislators.
41.12(b) The governor shall appoint 11 members of each council as follows:
41.13(1) the Minnesota Council on Latino Affairs must include one member representing
41.14each of the state's congressional districts and three members appointed at-large. The
41.15governor must attempt to ensure that the demographic composition of council members
41.16accurately reflects the demographic composition of Minnesota's Latino community,
41.17including recent immigrants, as determined by the state demographer;
41.18(2) the Minnesota African Heritage Council must include members who are
41.19broadly representative of the African heritage community of the state. The council must
41.20include at least five females. At least three members must be first or second generation
41.21African immigrants, who generally reflect the demographic composition of these African
41.22immigrants, as determined by the state demographer; and
41.23(3) the Council on Asian-Pacific Minnesotans must include one member from each
41.24of the five ancestries with the state's highest percentages of Asian-Pacific populations,
41.25as determined by the state demographer. The other six members must be broadly
41.26representative of the rest of the Asian-Pacific population, with no more than one council
41.27member from any one ancestry. For purposes of this clause, ancestry refers to heritage that
41.28is commonly accepted in Minnesota as a unique population.
41.29(c) Four legislators are voting members of each council. The speaker of the house
41.30and the house minority leader shall each appoint one member to each council. The
41.31Subcommittee on Committees of the senate Committee on Rules and Administration shall
41.32appoint one member of the majority caucus and one member of the minority caucus to
41.34(d) The governor may appoint a commissioner of a state agency or a designee of that
41.35commissioner to serve as an ex-officio, nonvoting member of a council.
42.1 Subd. 3. Appointments; terms; removal. (a) In making appointments to a council,
42.2the governor shall consider an appointee's proven dedication and commitment to the
42.3council's community and any expertise possessed by the appointee that might be beneficial
42.4to the council, such as experience in public policy, legal affairs, social work, business,
42.5or management. The executive director of a council and legislative members may offer
42.6advice to the governor on applicants seeking appointment.
42.7(b) Terms, compensation, and filling of vacancies for members appointed by the
42.8governor are as provided in section 15.059. Removal of members appointed by the
42.9governor is governed by section 15.059, except that: (1) a member who missed more than
42.10half of the council meetings convened during a 12-month period automatically is removed
42.11from the council; and (2) a member appointed by the governor may be removed by a vote
42.12of three of the four legislative members of the council. The chair of a council shall inform
42.13the governor of the need for the governor to fill a vacancy on the council. Legislative
42.14members serve at the pleasure of their appointing authority.
42.15(c) A member appointed by the governor may serve no more than a total of eight
42.16years on a council. A legislator may serve no more than eight consecutive years or 12
42.17nonconsecutive years on any one council.
42.18 Subd. 4. Training; executive committee; meetings; support. (a) A member
42.19appointed by the governor must attend orientation training within the first six months of
42.20service for each term. The commissioner of administration must arrange for the training
42.21to include but not be limited to the legislative process, government data practices, open
42.22meeting law, Robert's Rules of Order, fiscal management, and human resources. The
42.23governor must remove a member who does not complete the training.
42.24(b) Each council shall annually elect from among the members appointed by the
42.25governor a chair and other officers it deems necessary. These officers and one legislative
42.26member selected by the council shall serve as the executive committee of the council.
42.27(c) Forty percent of voting members of a council constitutes a quorum. A quorum is
42.28required to conduct council business. A council member may not vote on any action if the
42.29member has a conflict of interest under section 10A.07.
42.30(d) Each council shall receive administrative support from the commissioner of
42.31administration under section 16B.371.
42.32 Subd. 5. Executive director; staff. (a) The Legislative Coordinating Commission
42.33must appoint an executive director for each council. The executive director must be
42.34experienced in administrative activities and familiar with the challenges and needs of
42.35the ethnic council's larger community. The executive director serves in the unclassified
42.36service at the pleasure of the Legislative Coordinating Commission.
43.1(b) The Legislative Coordinating Commission must establish a process for recruiting
43.2and selecting applicants for the executive director positions. This process must include
43.3consultation and collaboration with the applicable council.
43.4(c) The executive director and applicable council members must work together in
43.5fulfilling council duties. The executive director must consult with the commissioners of
43.6administration and management and budget to ensure appropriate financial, purchasing,
43.7human resources, and other services for operation of the council. The executive director
43.8must appoint and supervise the work of other staff necessary to carry out the duties of the
43.9council. The executive director and other council staff are executive branch employees.
43.10 Subd. 6. Duties of council. (a) A council must work for the implementation
43.11of economic, social, legal, and political equality for its constituency. The council shall
43.12work with the legislature and governor to carry out this work by performing the duties
43.13in this section.
43.14(b) A council shall advise the governor and the legislature on issues confronting the
43.15constituency of the council. This may include, but is not limited to, presenting the results
43.16of surveys, studies, and community forums to the appropriate executive departments
43.17and legislative committees.
43.18(c) A council shall advise the governor and the legislature of administrative
43.19and legislative changes needed to improve the economic and social condition of the
43.20constituency of the council. This may include but is not limited to working with legislators
43.21to develop politically feasible legislation to address these issues and to work for passage
43.22of the legislation. This may also include making recommendations regarding the state's
43.23affirmative action program and the state's targeted group small business program, or
43.24working with state agencies and organizations to develop business opportunities and
43.25promote economic development for the constituency of the council.
43.26(d) A council shall advise the governor and the legislature of the implications
43.27and effect of proposed administrative and legislative changes on the constituency of
43.28the council. This may include but is not limited to tracking legislation, testifying as
43.29appropriate, and meeting with executive departments and legislators.
43.30(e) A council shall serve as a liaison between state government and organizations that
43.31serve the constituency of the council. This may include but is not limited to working with
43.32these organizations to carry out the duties in paragraphs (a) to (d), and working with these
43.33organizations to develop informational programs or publications to involve and empower
43.34the constituency in seeking improvement in their economic and social conditions.
43.35(f) A council shall perform or contract for the performance of studies designed
43.36to suggest solutions to the problems of the constituency of the council in the areas of
44.1education, employment, human rights, health, housing, social welfare, and other related
44.3(g) In carrying out duties under this subdivision, councils may act to advise on issues
44.4that affect the shared constituencies of more than one council.
44.5 Subd. 7. Duties of council members. A council member shall:
44.6(1) attend and participate in scheduled meetings and be prepared by reviewing
44.8(2) maintain and build communication with the community represented;
44.9(3) collaborate with the council and executive director in carrying out the council's
44.11(4) participate in activities the council or executive director deem appropriate and
44.12necessary to facilitate the goals and duties of the council.
44.13 Subd. 8. Reports. A council must report on the measurable outcomes achieved in
44.14the council's current strategic plan to meet its statutory duties, along with the specific
44.15objectives and outcome measures proposed for the following year. The council must
44.16submit the report by January 15 each year to the chairs of the committees in the house of
44.17representatives and the senate with primary jurisdiction over state government operations.
44.18Each report must cover the calendar year of the year before the report is submitted. The
44.19specific objectives and outcome measures for the following current year must focus on
44.20three or four achievable objectives, action steps, and measurable outcomes for which
44.21the council will be held accountable. The strategic plan may include other items that
44.22support the statutory purposes of the council but should not distract from the primary
44.23statutory proposals presented. The funding request of each council, after approval by the
44.24Legislative Coordinating Commission, must also be presented by February 1 in each
Sec. 25. [16A.0565] CENTRALIZED TRACKING LIST OF AGENCY
44.28 Subdivision 1. Centralized tracking. The commissioner must maintain a
44.29centralized tracking list of new agency projects estimated to cost more than $100,000 that
44.30are paid for from the general fund.
44.31 Subd. 2. New agency project. (a) For purposes of this section a "new agency
44.33(1) any new agency program or activity with more than $100,000 in funding from
44.34the general fund; and
45.1(2) any pre-existing agency program or activity with an increase of $100,000 or
45.2more above the base level in general fund support.
45.3(b) For purposes of this section, a new agency project does not include:
45.4(i) general aid programs for units of local government, or entitlement programs
45.5providing assistance to individuals; or
45.6(ii) a new program or activity or increase in a program or activity that is mandated
45.8 Subd. 3. Transparency requirements. The centralized tracking list maintained by
45.9the commissioner must report the following for each new agency project:
45.10(1) name of the agency and title of the project;
45.11(2) a brief description of the project and its purposes;
45.12(3) the extent to which the project has been implemented; and
45.13(4) the amount of money that has been spent on the project.
45.14 Subd. 4. Timing and reporting. The commissioner must display the information
45.15required by subdivision 3 on the department's Web site. The list shall be maintained in a
45.16widely available and common document format such as a spreadsheet, that does not
45.17require any new costs to develop. The commissioner must report this information to the
45.18chairs of the house of representatives Ways and Means Committee and senate Finance
45.19Committee quarterly, and must update the information on the Web site at least quarterly.
Sec. 26. Minnesota Statutes 2014, section 16A.065, is amended to read:
45.2116A.065 PREPAY SOFTWARE, SUBSCRIPTIONS, UNITED STATES
16A.41, subdivision 1
, the commissioner may allow an
agency to make advance deposits or payments for software or software maintenance
services for state-owned or leased electronic data processing equipment, for information
45.26technology hosting services,
for sole source maintenance agreements where it is not
cost-effective to pay in arrears, for exhibit booth space or boat slip rental when required
by the renter to guarantee the availability of space, for registration fees where advance
payment is required or advance payment discount is provided, and for newspaper,
magazine, and other subscription fees customarily paid for in advance. The commissioner
may also allow advance deposits by any department with the Library of Congress and
federal Supervisor of Documents for items to be purchased from those federal agencies.
Sec. 27. Minnesota Statutes 2014, section 16A.103, is amended by adding a
subdivision to read:
46.1 Subd. 1h. Revenue uncertainty information. The commissioner shall report
46.2to the legislature within 14 days of a forecast under subdivision 1 on uncertainty in
46.3Minnesota's general fund revenue projections. The report shall present information on: (1)
46.4the estimated range of forecast error for revenues and (2) the data and methods used to
46.5construct those measurements.
Sec. 28. Minnesota Statutes 2014, section 16A.11, is amended by adding a subdivision
46.8 Subd. 3d. Consideration of general incentives. In supplement to, and under the
46.9same deadline as, the governor's budget submission under subdivision 3, the commissioner
46.10shall submit a report identifying each general incentive for which an evaluation was
46.11completed under section 3.9735 in accordance with this section since the governor's
46.12previous budget submission. For each evaluated incentive, the commissioner's report shall
46.13include a recommendation for whether the incentive should be continued or modified,
46.14or whether the state would be better served by using other incentives or strategies to
46.15achieve the incentive's goals. The commissioner's report must include the rationale for
Sec. 29. Minnesota Statutes 2014, section 16A.11, is amended by adding a subdivision
46.19 Subd. 3e. Consideration of best practices for exclusive incentives. If a new
46.20analysis of best practices for exclusive incentives under section 3.9735 has been
46.21completed since the governor's previous budget submission, the commissioner's report
46.22under subdivision 3d shall include recommendations for when and how Minnesota should
46.23offer and manage exclusive incentives in the future and how they should be structured.
46.24The commissioner's report must include the rationale for each recommendation.
Sec. 30. Minnesota Statutes 2014, section 16A.1283, is amended to read:
46.2616A.1283 LEGISLATIVE APPROVAL REQUIRED FOR FEES.
(a) Notwithstanding any law to the contrary, an executive branch state agency may
not impose a new fee or increase an existing fee unless the new fee or increase is approved
by law. An agency must not propose a fee or fine increase of more than ten percent
46.30in a biennium over the same fee or fine in law at the start of the same biennium.
purposes of this section, a fee is any charge for goods, services, regulation, or licensure,
and, notwithstanding paragraph (b), clause (3), includes charges for admission to or for
use of public facilities owned by the state.
(b) This section does not apply to:
(1) charges billed within or between state agencies, or billed to federal agencies;
(2) the Minnesota State Colleges and Universities system;
(3) charges for goods and services provided for the direct and primary use of a
private individual, business, or other entity;
(4) charges that authorize use of state-owned lands and minerals administered by
the commissioner of natural resources by the issuance of leases, easements, cooperative
farming agreements, and land and water crossing licenses and charges for sales of
state-owned lands administered by the commissioner of natural resources; or
(5) state park fees and charges established by commissioner's order.
(c) An executive branch agency may reduce a fee that was set by rule before July
1, 2001, without legislative approval. Chapter 14 does not apply to fee reductions under
47.14EFFECTIVE DATE.This section is effective August 1, 2016.
Sec. 31. Minnesota Statutes 2014, section 16B.24, is amended by adding a subdivision
47.17 Subd. 12. State band. The commissioner must provide free rehearsal and storage
47.18space in the same building in the Capitol Area to an entity known as the Minnesota
47.19State Band, which is a tax exempt organization under section 501(c)(3) of the Internal
47.21EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 32. Minnesota Statutes 2014, section 16B.335, subdivision 1, is amended to read:
Subdivision 1. Construction and major remodeling.
(a) The commissioner, or
any other recipient to whom an appropriation is made to acquire or better public lands
or buildings or other public improvements of a capital nature, must not prepare final
plans and specifications for any construction, major remodeling, or land acquisition in
anticipation of which the appropriation was made until the agency that will use the
project has presented the program plan and cost estimates for all elements necessary to
complete the project to the chair of the senate Finance Committee and the chair of the
house of representatives Ways and Means Committee and the chairs have made their
recommendations, and the chair and ranking minority member of the senate Capital
Investment Committee and the chair and ranking minority member of the house of
representatives Capital Investment Committee are notified. "Construction or major
remodeling" means construction of a new building, a substantial addition to an existing
building, or a substantial change to the interior configuration of an existing building. The
presentation must note any significant changes in the work that will be done, or in its cost,
since the appropriation for the project was enacted or from the predesign submittal. The
program plans and estimates must be presented for review at least two weeks before a
recommendation is needed. The recommendations are advisory only. Failure or refusal to
make a recommendation is considered a negative recommendation.
The chairs and ranking minority members of the senate Finance and Capital
the house of representatives Capital Investment and Ways
and Means Committees, and the house of representatives and senate budget committees or
48.11divisions with jurisdiction over the agency that will use the project
must also be notified
whenever there is a substantial change in a construction or major remodeling project, or in
its cost. This notice must include the nature and reason for the change, and the anticipated
48.14cost of the change. The notice must be given no later than 10 days after signing a change
48.15order or other document authorizing a change in the project, or if there is not a change
48.16order or other document, no later than 10 days after the project owner becomes aware of a
48.17substantial change in the project or its cost.
Capital projects exempt from the requirements
of this subdivision in
48.19paragraph (a) to seek recommendations before preparing final plans and specifications
include demolition or decommissioning of state assets, hazardous material projects, utility
infrastructure projects, environmental testing, parking lots, parking structures, park and
ride facilities, bus rapid transit stations, light rail lines, passenger rail projects, exterior
lighting, fencing, highway rest areas, truck stations, storage facilities not consisting
primarily of offices or heated work areas, roads, bridges, trails, pathways, campgrounds,
athletic fields, dams, floodwater retention systems, water access sites, harbors, sewer
separation projects, water and wastewater facilities, port development projects for which
the commissioner of transportation has entered into an assistance agreement under section
, ice centers, a local government project with a construction cost of less than
$1,500,000, or any other capital project with a construction cost of less than $750,000.
48.30The requirements in paragraph (b) to give notice of changes applies to these projects.
Sec. 33. Minnesota Statutes 2014, section 16B.371, is amended to read:
48.3216B.371 ASSISTANCE TO SMALL AGENCIES.
(a) The commissioner
provide administrative support services to a
agencies agency requesting these services
. 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 Chicano Latino Affairs Council, the Council on Black Minnesotans, the
Council on Asian-Pacific Minnesotans, the Indian Affairs Council, and the Minnesota
State Council on Disability must use the services specified in paragraph (a).
(c) The commissioner of administration may 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. 34. [16B.4805] ACCOMMODATION REIMBURSEMENT.
49.21 Subdivision 1. Definitions. (a) "Reasonable accommodation" as used in this section
49.22has the meaning given in section 363A.08.
49.23(b) "State agency" as used in this section has the meaning given in section 16A.011,
49.25(c) "Reasonable accommodations eligible for reimbursement" as used in this section
49.27(1) reasonable accommodations provided to applicants for employment;
49.28(2) reasonable accommodations for employees for services that will need to be
49.29provided on a periodic or ongoing basis; or
49.30(3) reasonable accommodations that involve onetime expenses that total more than
49.31$1,000 for an employee in a fiscal year.
49.32 Subd. 2. Reimbursement for making reasonable accommodation. The
49.33commissioner of administration shall reimburse state agencies for expenses incurred in
49.34making reasonable accommodations eligible for reimbursement for agency employees and
50.1applicants for employment to the extent that funds are available in the accommodation
50.2account established under subdivision 3 for this purpose.
50.3 Subd. 3. Accommodation account established. The accommodation account
50.4is created as an account in the special revenue fund for reimbursing state agencies for
50.5expenses incurred in providing reasonable accommodations eligible for reimbursement for
50.6agency employees and applicants for agency employment.
50.7 Subd. 4. Administration costs. The commissioner may use up to 15 percent of the
50.8biennial appropriation for administration of this section.
50.9 Subd. 5. Notification. By August 1, 2015, or within 30 days of final enactment,
50.10whichever is later, and each year thereafter by June 30, the commissioner of administration
50.11must notify state agencies that reimbursement for expenses incurred to make reasonable
50.12accommodations eligible for reimbursement for agency employees and applicants for
50.13agency employment is available under this section.
50.14 Subd. 6. Report. By January 31 of each year, the commissioner of administration
50.15must report to the chairs and ranking minority members of the house of representatives
50.16and the senate committees with jurisdiction over state government finance on the use of
50.17the central accommodation fund during the prior calendar year. The report must include:
50.18(1) the number and type of accommodations requested;
50.19(2) the cost of accommodations requested;
50.20(3) the state agencies from which the requests were made;
50.21(4) the number of requests made for employees and the number of requests for
50.22applicants for employment;
50.23(5) the number and type of accommodations that were not provided;
50.24(6) any remaining balance left in the fund;
50.25(7) if the fund was depleted, the date on which funds were exhausted and the
50.26number, type, and cost of accommodations that were not reimbursed to state agencies; and
50.27(8) a description of how the fund was promoted to state agencies.
50.28 Subd. 7. Funding. The commissioner of management and budget must determine
50.29the amount of money to be deposited in the accommodation account each fiscal year.
50.30The commissioner must require each executive agency to make payments into the
50.31account from amounts appropriated for agency operations. The commissioner must
50.32implement policies and procedures to divide this amount among executive agencies. If
50.33the commissioner determines that it is not practical for an agency to make payments
50.34into a central account due to legal restrictions on use of the agency's appropriations,
50.35the commissioner shall require the agency to set aside money within its own operating
51.1funds, to be used only for purposes of this section. The amounts paid into the account are
51.2appropriated to the commissioner of administration for purposes of this section.
51.3EFFECTIVE DATE.This section is effective July 1, 2015. Reimbursement is
51.4available for accommodation expenses incurred after June 30, 2015.
Sec. 35. Minnesota Statutes 2014, section 16B.97, subdivision 1, is amended to read:
Subdivision 1. Grant agreement.
A grant agreement is a written instrument or
electronic document defining a legal relationship between a granting agency and a grantee
when the principal purpose of the relationship is to transfer cash or something of value
to the recipient to support a public purpose authorized by law instead of acquiring by
professional or technical contract, purchase, lease, or barter property or services for the
direct benefit or use of the granting agency.
(b) This section does not apply to capital project grants to political subdivisions as
51.13 defined by section
Sec. 36. Minnesota Statutes 2014, section 16B.97, is amended by adding a subdivision
51.16 Subd. 6. Commerce grants. The office must monitor grants made by the
51.17Department of Commerce.
Sec. 37. [16B.991] TERMINATION OF GRANT.
51.19Each grant agreement subject to sections 16B.97 and 16B.98 must provide that the
51.20agreement will immediately be terminated if:
51.21(1) the recipient is convicted of a criminal offense relating to a state grant agreement;
51.23(2) the agency entering into the grant agreement or the commissioner of
51.24administration determines that the grant recipient is under investigation by a federal
51.25agency, a state agency, or a local law enforcement agency for matters relating to
51.26administration of a state grant.
Sec. 38. [16B.992] NO FEES FOR GENERAL FUND GRANT
51.29An agency may not charge a recipient of a grant from the general fund a fee and
51.30may not deduct money from the grant to pay administrative expenses incurred by the
51.31agency in administering the grant.
Sec. 39. Minnesota Statutes 2014, section 16C.03, subdivision 16, is amended to read:
Subd. 16. Delegation of duties. (a)
The commissioner may delegate duties imposed
by this chapter to the head of an agency and to any subordinate of the agency head. At
52.4least once every three years the commissioner must audit use of authority under this
52.5chapter by each employee whom the commissioner has delegated duties.
52.6 (b) The commissioner must develop guidelines for agencies and employees to whom
52.7authority is delegated under this chapter that protect state legal interests. These guidelines
52.8may provide for review by the commissioner when a specific contract has potential to put
52.9the state's legal interests at risk.
Sec. 40. Minnesota Statutes 2014, section 16C.16, subdivision 6a, is amended to read:
Subd. 6a. Veteran-owned small businesses.
(a) Except when mandated by the
federal government as a condition of receiving federal funds, the commissioner shall
award up to a six percent preference, but no less than the percentage awarded to any
other group under this section, in the amount bid on state procurement to certified small
businesses that are majority-owned and operated by veterans.
(b) The purpose of this designation is to facilitate the transition of veterans from
military to civilian life, and to help compensate veterans for their sacrifices, including but
not limited to their sacrifice of health and time, to the state and nation during their military
service, as well as to enhance economic development within Minnesota.
52.20(c) Before the commissioner certifies that a small business is majority-owned and
52.21operated by a veteran, the commissioner of veterans affairs must verify that the owner of
52.22the small business is a veteran, as defined in section 197.447.
Sec. 41. Minnesota Statutes 2014, section 16C.19, is amended to read:
52.2416C.19 ELIGIBILITY; RULES.
(a) A small business wishing to participate in the programs under section
subdivisions 4 to 7, must be certified by the commissioner. The commissioner shall adopt
by rule standards and procedures for certifying that small targeted group businesses,
small businesses located in economically disadvantaged areas, and veteran-owned small
businesses are eligible to participate under the requirements of sections
The commissioner shall adopt by rule standards and procedures for hearing appeals and
grievances and other rules necessary to carry out the duties set forth in sections
(b) The commissioner may make rules which exclude or limit the participation of
nonmanufacturing business, including third-party lessors, brokers, franchises, jobbers,
manufacturers' representatives, and others from eligibility under sections
(c) The commissioner may make rules that set time limits and other eligibility limits
on business participation in programs under sections
(d) Notwithstanding paragraph
, for purposes of sections
veteran-owned small business, the principal place of business of which is in Minnesota,
is certified if:
it has been verified by the United States Department of Veterans Affairs as
being either a veteran-owned small business or a service-disabled veteran-owned small
business, in accordance with Public Law 109-461 and Code of Federal Regulations, title
38, part 74
53.13(2) the veteran-owned small business supplies the commissioner with proof that the
53.14small business is majority-owned and operated by:
53.15(i) a veteran as defined in section 197.447; or
53.16(ii) a veteran with a service-connected disability, as determined at any time by the
53.17United States Department of Veterans Affairs.
(e) Until rules are adopted pursuant to paragraph (a) for the purpose of certifying
veteran-owned small businesses, the provisions of Minnesota Rules, part 1230.1700, may
be read to include veteran-owned small businesses. In addition to the documentation
required in Minnesota Rules, part 1230.1700, the veteran owner must have been
discharged under honorable conditions from active service, as indicated by the veteran
owner's most current United States Department of Defense form DD-214.
53.24(f) Notwithstanding paragraph (a), for purposes of sections 16C.16 to 16C.21, a
53.25minority- or woman-owned small business, the principal place of business of which is
53.26in Minnesota, is certified if it has been certified by the Minnesota unified certification
53.27program under the provisions of Code of Federal Regulations, title 49, part 26.
Sec. 42. Minnesota Statutes 2014, section 16E.01, is amended to read:
53.2916E.01 OFFICE OF MN.IT SERVICES.
Subdivision 1. Creation; chief information officer.
The Office of MN.IT Services,
referred to in this chapter as the "office," is an agency in the executive branch headed by
a commissioner, who also is the state chief information officer. The appointment of the
commissioner is subject to the advice and consent of the senate under section
Subd. 1a. Responsibilities.
The office shall provide oversight, leadership, and
direction for information and telecommunications technology policy and the management,
delivery, accessibility, and security of information and telecommunications technology
systems and services in
Minnesota the executive branch of state government
. The office
shall manage strategic investments in information and telecommunications technology
systems and services to encourage the development of a technically literate society, to
ensure sufficient access to and efficient delivery of accessible state
and to maximize benefits for the state government as an enterprise.
Subd. 2. Discretionary powers.
The office may:
(1) enter into contracts for goods or services with public or private organizations
and charge fees for services it provides;
(2) apply for, receive, and expend money from public agencies;
(3) apply for, accept, and disburse grants and other aids from the federal government
and other public or private sources;
(4) enter into contracts with agencies of the federal government, local governmental
units, the University of Minnesota and other educational institutions, and private persons
and other nongovernmental organizations as necessary to perform its statutory duties;
(5) sponsor and conduct conferences and studies, collect and disseminate information,
and issue reports relating to information and communications technology issues; and
(6) review the technology infrastructure of regions of the state and cooperate with
54.19 and make recommendations to the governor, legislature, state agencies, local governments,
54.20 local technology development agencies, the federal government, private businesses,
54.21 and individuals for the realization of information and communications technology
54.22 infrastructure development potential;
54.23 (7) sponsor, support, and facilitate innovative and collaborative economic and
54.24 community development and government services projects, including technology
54.25 initiatives related to culture and the arts, with public and private organizations; and
54.26 (8) (6)
review and recommend alternative sourcing strategies for state information
and communications systems.
Subd. 3. Duties.
(a) The office shall:
(1) manage the efficient and effective use of available federal, state, local, and
public-private resources to develop statewide information and telecommunications
technology systems and services and its infrastructure;
(2) approve state agency and intergovernmental information and telecommunications
technology systems and services development efforts involving state or intergovernmental
funding, including federal funding, provide information to the legislature regarding
projects reviewed, and recommend projects for inclusion in the governor's budget under
(3) ensure cooperation and collaboration among state and local governments in
developing intergovernmental information and telecommunications technology systems
and services, and define the structure and responsibilities of a representative governance
(4) cooperate and collaborate with the legislative and judicial branches in the
development of information and communications systems in those branches;
(5) continue the development of North Star, the state's official comprehensive online
service and information initiative;
(6) promote and collaborate with the state's agencies in the state's transition to an
effectively competitive telecommunications market;
(7) collaborate with entities carrying out education and lifelong learning initiatives
55.12 to assist Minnesotans in developing technical literacy and obtaining access to ongoing
55.13 learning resources;
55.14 (8) (7)
promote and coordinate public information access and network initiatives,
consistent with chapter 13, to connect Minnesota's citizens and communities to each
other, to their governments, and to the world;
promote and coordinate electronic commerce initiatives to ensure that
Minnesota businesses and citizens can successfully compete in the global economy;
manage and promote the regular and periodic reinvestment in the information
and telecommunications technology systems and services infrastructure so that state and
local government agencies can effectively and efficiently serve their customers;
facilitate the cooperative development of and ensure compliance with
standards and policies for information and telecommunications technology systems
and services, electronic data practices and privacy, and electronic commerce among
international, national, state, and local public and private organizations;
eliminate unnecessary duplication of existing information and
telecommunications technology systems and services provided by state agencies;
identify, sponsor, develop, and execute shared information and
telecommunications technology projects and ongoing operations;
ensure overall security of the state's information and technology systems
and services; and
manage and direct compliance with accessibility standards for informational
technology, including hardware, software, Web sites, online forms, and online surveys.
(b) The chief information officer, in consultation with the commissioner of
management and budget, must determine when it is cost-effective for agencies to develop
and use shared information and telecommunications technology systems and services for
the delivery of electronic government services. The chief information officer may require
agencies to use shared information and telecommunications technology systems and
services. The chief information officer shall establish reimbursement rates in cooperation
with the commissioner of management and budget to be billed to agencies and other
governmental entities sufficient to cover the actual development, operating, maintenance,
and administrative costs of the shared systems. The methodology for billing may include
the use of interagency agreements, or other means as allowed by law.
(c) A state agency that has an information and telecommunications technology
project with a total expected project cost of more than
funded as part of the biennial budget or by any other means, shall register with the office
by submitting basic project startup documentation, as specified by the chief information
officer in both format and content, before any project funding is requested or committed
and before the project commences. State agency project leaders must demonstrate that
the project will be properly managed, provide updates to the project documentation
as changes are proposed, and regularly report on the current status of the project on a
schedule agreed to with the chief information officer.
The chief information officer shall monitor progress on any active information
56.18 and telecommunications technology project with a total expected project cost of more than
56.19 $5,000,000 and report on the performance of the project in comparison with the plans for
56.20 the project in terms of time, scope, and budget. The chief information officer may conduct
56.21 an independent project audit of the project. The audit analysis and evaluation of the
56.22 projects subject to paragraph (c) must be presented to agency executive sponsors, the
56.23 project governance bodies, and the chief information officer. All reports and responses
56.24 must become part of the project record. The chief information officer must prepare a
56.25monthly progress report for each active information and telecommunications technology
56.26project over $1,000,000. The report must be provided to the technology advisory council
56.27and must be available on the office's Web site.
(e) For any active information and telecommunications technology project with a
total expected project cost of more than $10,000,000, the state agency must perform an
annual independent audit that conforms to published project audit principles promulgated
by the office.
(f) The chief information officer shall report by January 15 of each year to the
chairs and ranking minority members of the legislative committees and divisions with
jurisdiction over the office regarding projects the office has reviewed under paragraph (a),
clause (13). The report must include the reasons for the determinations made in the review
of each project and a description of its current status.
57.1 Subd. 4. Limits. The office may not enter into any new general or project contracts
57.2or other agreements to provide services to political subdivisions. The office may continue
57.3to collaborate with and enter into agreements with local subdivisions to create information
57.4technology infrastructure, provide connectivity, coordinate government-to-government
57.5communications, and provide security support. This subdivision does not prevent political
57.6subdivisions from purchasing goods or services from outside vendors through state
57.7contracts, and does not prevent political subdivisions from accessing geospatial data
57.8maintained by the office.
57.9EFFECTIVE DATE.This section is effective July 1, 2015. The office may not
57.10enter into a new contract or other agreement or renew an existing contract or agreement
57.11to provide services to political subdivisions in a manner prohibited by subdivision 4 on
57.12or after July 1, 2015. The office must end existing contracts and agreements to provide
57.13services prohibited by subdivision 4 as soon as this can be done without the office
57.14incurring legal liability, and as soon as affected political subdivisions are able to find other
57.15sources to provide the services provided by the office.
Sec. 43. Minnesota Statutes 2014, section 16E.016, is amended to read:
57.1716E.016 RESPONSIBILITY FOR INFORMATION TECHNOLOGY
57.18SERVICES AND EQUIPMENT.
(a) The chief information officer is responsible for providing or entering into
managed services contracts for the provision, improvement, and development of the
following information technology systems and services to state agencies:
(1) state data centers;
(2) mainframes including system software;
(3) servers including system software;
(4) desktops including system software;
(5) laptop computers including system software;
(6) a data network including system software;
(7) database, electronic mail, office systems, reporting, and other standard software
(8) business application software and related technical support services;
(9) help desk for the components listed in clauses (1) to (8);
(10) maintenance, problem resolution, and break-fix for the components listed in
clauses (1) to (8);
(11) regular upgrades and replacement for the components listed in clauses (1)
to (8); and
(12) network-connected output devices.
(b) All state agency employees whose work primarily involves functions specified in
paragraph (a) are employees of the Office of MN.IT Services. This includes employees
who directly perform the functions in paragraph (a), as well as employees whose work
primarily involves managing, supervising, or providing administrative services or support
services to employees who directly perform these functions. The chief information officer
may assign employees of the office to perform work exclusively for another state agency.
Subject to sections
16C.09 , the chief information officer may allow a
58.11 state agency to obtain services specified in paragraph (a) through a contract with an outside
58.12 vendor when the chief information officer and the agency head agree that a contract would
58.13 provide best value, as defined in section
16C.02 , under the service-level agreement. A
58.14state agency must enter into a service-level agreement with the chief information officer
58.15for provision of services specified in paragraph (a), or must obtain some or all of these
58.16services through an outside vendor. Before entering into a service-level agreement or
58.17outside vendor contract, an agency must solicit proposals from the office and from at
58.18least one outside vendor. If the cost of the proposal from the office is more than six
58.19percent higher than the cost of a proposal from an outside vendor, the agency may enter
58.20into a contract with an outside vendor, notwithstanding sections 16C.08, subdivision
58.212, clause (1); 16C.09, paragraph (a), clause (1); and 43A.047.
The chief information
officer must require that agency contracts with outside vendors ensure that systems and
services are compatible with standards established by the Office of MN.IT Services. The
58.24standards may include analysis of differences in future cost uncertainties, compliance with
58.25security requirements, compliance with hardware and service standards common in other
58.26state offices, ability to comply with legal, accessibility, and transparency requirements,
58.27and compliance with quality standards common to other state offices. The term of a
58.28service-level agreement or a contract under this paragraph is subject to the limits in section
58.2916C.06, subdivision 3b. However, the chief information officer may provide that the term
58.30of the first agreement or contract entered into after the effective date of this section may be
58.31longer, as the chief information officer determines is necessary to establish a system under
58.32which agency agreements and contracts will expire according to a staggered schedule.
58.33A service-level agreement or contract may not be for a term of more than six years. A
58.34contract longer than four years must be followed by a contract of less than four years.
(d) The chief information officer may authorize a state agency office located outside
59.2of the seven-county metropolitan area to solicit proposals from MN.IT services and from
59.3an outside vendor separately from the rest of the agency.
59.4(e) An agency may not enter into a contract for information technology systems or
59.5services of more than $100,000 with an outside vendor without approval of the chief
The Minnesota State Retirement System, the Public Employees Retirement
Association, the Teachers Retirement Association, the State Board of Investment, the
Campaign Finance and Public Disclosure Board, the State Lottery, and the Statewide
Radio Board are not state agencies for purposes of this section.
Sec. 44. Minnesota Statutes 2014, section 16E.03, subdivision 1, is amended to read:
Subdivision 1. Definitions.
For the purposes of chapter 16E, the following terms
have the meanings given them.
(a) "Information and telecommunications technology systems and services" means
all computing and telecommunications hardware and software, the activities undertaken
to secure that hardware and software, and the activities undertaken to acquire, transport,
process, analyze, store, and disseminate information electronically. "Information and
telecommunications technology systems and services" includes all proposed expenditures
for computing and telecommunications hardware and software, security for that hardware
and software, and related consulting or other professional services.
(b) "Information and telecommunications technology project" means an effort to
acquire or produce information and telecommunications technology systems and services.
(c) "Telecommunications" means voice, video, and data electronic transmissions
transported by wire, wireless, fiber-optic, radio, or other available transport technology.
(d) "Cyber security" means the protection of data and systems in networks connected
to the Internet.
(e) "State agency" means an agency in the executive branch of state government and
includes the Minnesota Office of Higher Education, but does not include the Minnesota
State Colleges and Universities unless specifically provided elsewhere in this chapter.
59.30Notwithstanding any law to the contrary, "state agency" includes any agency in the
59.31executive branch that operates information technology relating to eligibility for state
(f) "Total expected project cost" includes direct staff costs, all supplemental contract
staff and vendor costs, and costs of hardware and software development or purchase.
Breaking a project into several phases does not affect the cost threshold, which must be
computed based on the full cost of all phases.
Sec. 45. [16E.034] ANNUAL REPORT ON IT SPENDING.
60.4(a) The chief information officer, in consultation with the commissioner of
60.5management and budget, must report by September 1 each year on:
60.6(1) total state agency spending on information technology in the prior fiscal year, and
60.7planned state agency spending on information technology in the current fiscal year; and
60.8(2) individual state agency spending on information technology in the prior fiscal
60.9year, and planned spending on information technology in the current fiscal year.
60.10(b) The report in paragraph (a) on total state agency and individual agency spending
60.11and proposed spending must show amounts spent and anticipated to be spent in each of
60.12the following categories:
60.13(1) new technology projects, or enhancement of existing projects, of more than
60.15(2) business as usual and minor enhancements; and
60.16(3) infrastructure and operations.
60.17(c) The information reported on infrastructure and operations in paragraph (b),
60.18clause (3), must be further divided, by agency, into the following categories:
60.20(2) messaging and collaboration;
60.23(5) database, including administration;
60.24(6) technical support;
60.25(7) information security;
60.26(8) directory administration;
60.28(10) monitoring; and
60.29(11) change management.
Sec. 46. Minnesota Statutes 2014, section 16E.0465, is amended to read:
60.3116E.0465 TECHNOLOGY APPROVAL.
Subdivision 1. Application.
This section applies to an appropriation of more than
of state or federal funds to a state agency for any information and
telecommunications technology project or for any phase of such a project, device, or
system. For purposes of this section, an appropriation of state or federal funds to a state
agency includes an appropriation:
(1) to a constitutional officer;
(2) for a project that includes both a state agency and units of local government; and
(3) to a state agency for grants to be made to other entities.
Subd. 2. Required review and approval.
(a) A state agency receiving an
appropriation of more than $500,000
for an information and telecommunications
technology project subject to this section must divide the project into phases.
(b) The commissioner of management and budget may not authorize the
encumbrance or expenditure of an appropriation of state funds to a state agency for
61.11(1) a project if the project is subject to this section, but not divided into phases; or
phase of a project, device, or system subject to this section,
unless the Office of
MN.IT Services has reviewed the project or
each phase of the project, device, or system,
and based on this review, the chief information officer has determined for each project
the project is compatible with the state information architecture and other
policies and standards established by the chief information officer;
the agency is able to accomplish the goals of the phase of the project with the
funds appropriated; and
the project supports the enterprise information technology strategy.
61.21 Subd. 4. Monitor progress. The chief information officer shall monitor progress on
61.22any active information and telecommunications technology project with a total expected
61.23project cost of more than $5,000,000 and report on the performance of the project in
61.24comparison with the plans for the project in terms of time, scope, and budget. The chief
61.25information officer may conduct an independent project audit of the project. The audit
61.26analysis and evaluation of the projects must be presented to agency executive sponsors,
61.27the project governance bodies, and the chief information officer. All reports and responses
61.28must become part of the project record.
Sec. 47. Minnesota Statutes 2014, section 16E.14, subdivision 3, is amended to read:
Subd. 3. Reimbursements.
Except as specifically provided otherwise by law, each
agency shall reimburse the MN.IT services revolving fund for the cost of all services,
supplies, materials, labor, employee development and training,
and depreciation of
equipment, including reasonable overhead costs, which the chief information officer is
authorized and directed to furnish an agency. The chief information officer shall report the
rates to be charged for the revolving fund no later than July 1 each year to the chair of the
committee or division in the senate and house of representatives with primary jurisdiction
over the budget of the Office of MN.IT Services.
Sec. 48. Minnesota Statutes 2014, section 16E.145, is amended to read:
62.416E.145 INFORMATION TECHNOLOGY APPROPRIATION.
An appropriation of more than $100,000
for a state agency information and
telecommunications technology project must be made to the chief information officer. The
chief information officer must manage and disburse the appropriation on behalf of the
sponsoring state agency. Any appropriation for an information and telecommunications
technology project made to a state agency other than the Office of MN.IT Services is
transferred to the chief information officer.
Sec. 49. Minnesota Statutes 2014, section 16E.19, is amended by adding a subdivision
62.13 Subd. 3. Data storage. The chief information officer must establish criteria for
62.14storage of state agency data outside of data centers operated by the chief information
62.15officer. These criteria must include thresholds for when requests of outside data storage
62.16must be approved by the chief information officer.
Sec. 50. [43A.035] LIMIT ON NUMBER OF FULL-TIME EQUIVALENT
62.19The total number of full-time equivalent employees employed in all executive
62.20branch agencies may not exceed 35,927. The commissioner of management and budget
62.21may forbid an executive agency from hiring a new employee or from filling a vacancy as
62.22the commissioner determines is necessary to ensure compliance with this section. Any
62.23reductions in staff should prioritize protecting client-facing health care workers, corrections
62.24officers, public safety workers, and mental health workers. As a means of achieving
62.25compliance with this requirement, the commissioner may authorize an agency to provide
62.26an early retirement incentive to an executive branch employee, under which the state will
62.27continue to make the employer contribution for health insurance after the employee has
62.28terminated state service. The commissioner must prescribe eligibility requirements and the
62.29maximum duration of the payments. For purposes of this section, an "executive agency"
62.30does not include the Minnesota State Colleges and Universities or statewide pension plans.
Sec. 51. [138.912] HEALTHY EATING, HERE AT HOME.
63.1 Subdivision 1. Establishment. The healthy eating, here at home program is
63.2established to provide incentives for low-income Minnesotans to use federal Supplemental
63.3Nutrition Assistance Program (SNAP) benefits for healthy purchases at Minnesota-based
63.5 Subd. 2. Definitions. (a) The definitions in this subdivision apply to this section.
63.6(b) "Healthy eating, here at home" means a program administered by the Minnesota
63.7Humanities Center to provide incentives for low-income Minnesotans to use SNAP
63.8benefits for healthy purchases at Minnesota-based farmers' markets.
63.9(c) "Healthy purchases" means SNAP-eligible foods.
63.10(d) "Minnesota-based farmers' market" means a physical market as defined in section
63.1128A.151, subdivision 1, paragraph (b), and also includes mobile markets.
63.12(e) "Voucher" means a physical or electronic credit.
63.13(f) "Eligible household" means an individual or family that is determined to be a
63.14recipient of SNAP.
63.15 Subd. 3. Grants. The Minnesota Humanities Center shall allocate grant funds to
63.16nonprofit organizations that work with Minnesota-based farmers' markets to provide up
63.17to $10 vouchers to SNAP participants who use electronic benefits transfer (EBT) cards
63.18for healthy purchases. Funds may also be provided for vouchers distributed through
63.19nonprofit organizations engaged in healthy cooking and food education outreach to
63.20eligible households for use at farmers' markets. Funds appropriated under this section may
63.21not be used for healthy cooking classes or food education outreach. When awarding
63.22grants, the Minnesota Humanities Center must consider how the nonprofit organizations
63.23will achieve geographic balance, including specific efforts to reach eligible households
63.24across the state, and the organizations' capacity to manage the programming and outreach.
63.25 Subd. 4. Household eligibility; participation. To be eligible for a healthy eating,
63.26here at home voucher, an eligible household must meet the Minnesota SNAP eligibility
63.27requirements under section 256D.051.
63.28 Subd. 5. Permissible uses; information provided. An eligible household may use
63.29the voucher toward healthy purchases at Minnesota-based farmers' markets. Every eligible
63.30household that receives a voucher must be informed of the allowable uses of the voucher.
63.31 Subd. 6. Program reporting. The nonprofit organizations that receive grant funds
63.32must report annually to the Minnesota Humanities Center with information regarding the
63.33operation of the program, including the number of vouchers issued and the number of
63.34people served. To the extent practicable, the nonprofit organizations must report on the
63.35usage of the vouchers and evaluate the program's effectiveness.
64.1 Subd. 7. Grocery inclusion. The commissioner of human services must submit a
64.2waiver request to the federal United States Department of Agriculture seeking approval
64.3for the inclusion of Minnesota grocery stores in this program so that SNAP participants
64.4may use the vouchers for healthy produce at grocery stores. Grocery store participation is
64.5voluntary and a grocery store's associated administrative costs will not be reimbursed.
Sec. 52. Minnesota Statutes 2014, section 148.57, is amended by adding a subdivision
64.8 Subd. 5. Expedited and temporary licensing for former and current members
64.9of the military. (a) Applicants seeking licensure according to this subdivision must be:
64.10(1) an active duty military member;
64.11(2) the spouse of an active duty military member; or
64.12(3) a veteran who has left service in the two years preceding the date of license
64.13application, and has confirmation of an honorable or general discharge status.
64.14(b) A qualified applicant under this subdivision must provide evidence of:
64.15(1) a current valid license, certificate, or permit in another state without history of
64.16disciplinary action by a regulatory authority in the other state; and
64.17(2) a current criminal background study without a criminal conviction that is
64.18determined by the board to adversely affect the applicant's ability to become licensed.
64.19(c) A temporary license issued under this subdivision is effective for six months
64.20from the initial temporary licensure date.
64.21(d) During the temporary license period, the individual shall complete the licensed
64.22optometrist application for licensure.
64.23(e) In order to remain licensed after the expiration of the temporary license, an
64.24individual must meet the requirements in section 148.57, subdivisions 1 and 2.
Sec. 53. Minnesota Statutes 2014, section 148.624, subdivision 5, is amended to read:
Subd. 5. Expedited and temporary licensing for former and current members
64.27of the military
permit. The board shall issue a temporary permit to members of the
64.28 military in accordance with section
197.4552 . (a) Applicants seeking licensure according
64.29to this subdivision must be:
64.30(1) an active duty military member;
64.31(2) the spouse of an active duty military member; or
64.32(3) a veteran who has left service in the two years preceding the date of license
64.33application, and has confirmation of an honorable or general discharge status.
64.34(b) A qualified applicant under this subdivision must provide evidence of:
65.1(1) a current valid license in another state without history of disciplinary action by a
65.2regulatory authority in the other state; and
65.3(2) a current criminal background study without a criminal conviction that is
65.4determined by the board to adversely affect the applicant's ability to become licensed.
65.5(c) A temporary license issued under this subdivision is effective for six months
65.6from the initial temporary licensure date.
65.7(d) During the temporary license period, the individual shall complete the licensed
65.8dietitian or nutritionist application for licensure.
65.9(e) In order to remain licensed after the expiration of the temporary license, an
65.10individual must meet the full licensure requirements.
The fee for the temporary
Sec. 54. Minnesota Statutes 2014, section 148B.33, is amended by adding a
subdivision to read:
65.14 Subd. 3. Expedited and temporary licensing for former and current members
65.15of the military. (a) Applicants seeking licensure according to this subdivision must be:
65.16(1) an active duty military member;
65.17(2) the spouse of an active duty military member; or
65.18(3) a veteran who has left service in the two years preceding the date of license
65.19application, and has confirmation of an honorable or general discharge status.
65.20(b) A qualified applicant under this subdivision must provide evidence of:
65.21(1) a current valid license, certificate, or permit in another state without history of
65.22disciplinary action by a regulatory authority in the other state; and
65.23(2) a current criminal background study without a criminal conviction that is
65.24determined by the board to adversely affect the applicant's ability to become licensed.
65.25(c) A temporary license issued under this subdivision is effective for six months
65.26from the initial temporary licensure date.
65.27(d) During the temporary license period, the individual shall complete the licensed
65.28marriage and family therapist application for licensure.
65.29(e) In order to remain licensed after the expiration of the temporary license, an
65.30individual must meet the requirements in subdivisions 1 and 2.
Sec. 55. Minnesota Statutes 2014, section 148B.53, is amended by adding a
subdivision to read:
65.33 Subd. 1a. Expedited and temporary licensing for former and current members
65.34of the military. (a) Applicants seeking licensure according to this subdivision must be:
66.1(1) an active duty military member;
66.2(2) the spouse of an active duty military member; or
66.3(3) a veteran who has left service in the two years preceding the date of license
66.4application, and has confirmation of an honorable or general discharge status.
66.5(b) A qualified applicant under this subdivision must provide evidence of:
66.6(1) a current valid license, certificate, or permit in another state without history of
66.7disciplinary action by a regulatory authority in the other state; and
66.8(2) a current criminal background study without a criminal conviction that is
66.9determined by the board to adversely affect the applicant's ability to become licensed.
66.10(c) A temporary license issued under this subdivision is effective for one year from
66.11the initial licensure date.
66.12(d) During the temporary license period, the individual shall complete the licensed
66.13professional counselor application for licensure.
66.14(e) In order to remain licensed after the expiration of the temporary license, an
66.15individual must meet the requirements in subdivision 1, paragraphs (a) and (b).
Sec. 56. Minnesota Statutes 2014, section 148B.5301, is amended by adding a
subdivision to read:
66.18 Subd. 4a. Expedited and temporary licensing for former and current members
66.19of the military. (a) Applicants seeking licensure according to this subdivision must be:
66.20(1) an active duty military member;
66.21(2) the spouse of an active duty military member; or
66.22(3) a veteran who has left service in the two years preceding the date of license
66.23application, and has confirmation of an honorable or general discharge status.
66.24(b) A qualified applicant under paragraph (a) must provide evidence of:
66.25(1) a current valid license, certificate, or permit in another state without history of
66.26disciplinary action by a regulatory authority in the other state; and
66.27(2) a current criminal background study without a criminal conviction that is
66.28determined by the board to adversely affect the applicant's ability to become licensed.
66.29(c) A temporary license issued under this subdivision is effective for one year from
66.30the initial licensure date.
66.31(d) During the temporary license period, the individual shall complete the licensed
66.32professional clinical counselor application for licensure.
66.33(e) In order to remain licensed after the expiration of the temporary license, an
66.34individual must meet the requirements in subdivisions 1 and 2.
Sec. 57. Minnesota Statutes 2014, section 148F.025, is amended by adding a
subdivision to read:
67.3 Subd. 5. Expedited and temporary licensing for former and current members
67.4of the military. (a) Applicants seeking licensure according to this subdivision must be:
67.5(1) an active duty military member;
67.6(2) the spouse of an active duty military member; or
67.7(3) a veteran who has left service in the two years preceding the date of license
67.8application, and has confirmation of an honorable or general discharge status.
67.9(b) Applicants are required to comply with subdivisions 1 and 4.
67.10(c) A qualified applicant under paragraph (a) must provide evidence of:
67.11(1) a current valid license, certificate, or permit in another state without history of
67.12disciplinary action by a regulatory authority in the other state; and
67.13(2) a current criminal background study without a criminal conviction that is
67.14determined by the board to adversely affect the applicant's ability to become licensed.
67.15(d) A temporary license issued under this subdivision is effective for two years from
67.16the initial licensure date.
67.17(e) During the temporary license period, the individual shall complete the application
67.18for licensure required in subdivision 1.
67.19(f) In order to remain licensed after the expiration of the temporary license, an
67.20individual must meet the requirements in subdivisions 2 and 3.
Sec. 58. Minnesota Statutes 2014, section 153.16, subdivision 1, is amended to read:
Subdivision 1. License requirements.
The board shall issue a license to practice
podiatric medicine to a person who meets the following requirements:
(a) The applicant for a license shall file a written notarized application on forms
provided by the board, showing to the board's satisfaction that the applicant is of good
moral character and satisfies the requirements of this section.
(b) The applicant shall present evidence satisfactory to the board of being a graduate
of a podiatric medical school approved by the board based upon its faculty, curriculum,
facilities, accreditation by a recognized national accrediting organization approved by the
board, and other relevant factors.
(c) The applicant must have received a passing score on each part of the national board
examinations, parts one and two, prepared and graded by the National Board of Podiatric
Medical Examiners. The passing score for each part of the national board examinations,
parts one and two, is as defined by the National Board of Podiatric Medical Examiners.
(d) Applicants graduating after 1986 from a podiatric medical school shall present
evidence of successful completion of a residency program approved by a national
accrediting podiatric medicine organization.
(e) The applicant shall appear in person before the board or its designated
representative to show that the applicant satisfies the requirements of this section,
including knowledge of laws, rules, and ethics pertaining to the practice of podiatric
medicine. The board may establish as internal operating procedures the procedures or
requirements for the applicant's personal presentation. Upon completion of all other
68.9application requirements, a doctor of podiatric medicine applying for a temporary military
68.10license has six months in which to comply with this subdivision.
(f) The applicant shall pay a fee established by the board by rule. The fee shall
not be refunded.
(g) The applicant must not have engaged in conduct warranting disciplinary action
against a licensee. If the applicant does not satisfy the requirements of this paragraph,
the board may refuse to issue a license unless it determines that the public will be
protected through issuance of a license with conditions and limitations the board considers
(h) Upon payment of a fee as the board may require, an applicant who fails to pass
an examination and is refused a license is entitled to reexamination within one year of
the board's refusal to issue the license. No more than two reexaminations are allowed
without a new application for a license.
Sec. 59. Minnesota Statutes 2014, section 153.16, subdivision 4, is amended to read:
Subd. 4. Temporary military
permit license. The board shall establish a temporary
68.24 permit in accordance with section
197.4552 . The fee for the temporary military permit is
68.25 $250. (a) The board shall issue an expedited license to practice podiatric medicine to an
68.26applicant who meets the following requirements:
68.27(1) is an active duty military member;
68.28(2) is the spouse of an active duty military member; or
68.29(3) is a veteran who has left service in the two years preceding the date of license
68.30application, and has confirmation of an honorable or general discharge status.
68.31(b) A qualified applicant under this subdivision must provide evidence of:
68.32(1) a current, valid license in another state without history of disciplinary action by a
68.33regulatory authority in the other state; and
68.34(2) a current criminal background study without a criminal conviction that is
68.35determined by the board to adversely affect the applicant's ability to become licensed.
69.1(c) The board shall issue a license for up to six months to a doctor of podiatric
69.2medicine eligible for licensure under this subdivision. Doctors of podiatric medicine
69.3licensed in another state who have complied with all other requirements may receive a
69.4temporary license valid for up to six months. No extension is available.
69.5(d) A temporary license issued under this subdivision permits a qualified individual
69.6to perform podiatric medicine for a limited length of time as determined by the licensing
69.7board. During the temporary license period, the individual shall complete the full
69.8application procedure and be approved as required by applicable law.
69.9(e) The fee for the temporary military license is $250.
Sec. 60. Minnesota Statutes 2014, section 154.003, is amended to read:
(a) The fees collected, as required in this chapter, chapter 214, and the rules of the
board, shall be paid to the board. The board shall deposit the fees in the general fund
in the state treasury.
(b) The board shall charge the following fees:
(1) examination and certificate, registered barber, $85;
(2) retake of written examination, registered barber, $10;
(3) examination and certificate, apprentice, $80;
(4) retake of written examination, apprentice, $10;
(5) examination, instructor, $180;
(6) certificate, instructor, $65;
(7) temporary teacher or apprentice permit, $80;
(8) temporary registered barber, military, $85;
69.24(9) temporary barber instructor, military, $180;
69.25(10) temporary apprentice barber, military, $80;
renewal of registration, registered barber, $80;
renewal of registration, apprentice, $70;
renewal of registration, instructor, $80;
renewal of temporary teacher permit, $65;
student permit, $45;
renewal of student permit, $25;
initial shop registration, $85;
initial school registration, $1,030;
renewal shop registration, $85;
renewal school registration, $280;
restoration of registered barber registration, $95;
restoration of apprentice registration, $90;
restoration of shop registration, $105;
change of ownership or location, $55;
duplicate registration, $40;
home study course, $75;
letter of registration verification, $25; and
Sec. 61. Minnesota Statutes 2014, section 154.11, subdivision 3, is amended to read:
Subd. 3. Temporary military
license permits. (a) In accordance with section
the board shall
70.12 (1) permit
70.13 (2) certificate for registered
a temporary permit for apprentices in
70.14 accordance with section
197.4552 . The fee for a temporary license under this subdivision
70.15 for a master barber is $85. The fee for a temporary license under this subdivision for a
70.16 barber is $180. The fee for a temporary permit under this subdivision for an apprentice is
70.18 (3) certificate for registered barber instructors.
70.19 (b) Fees for temporary military permits and certificates of registration under this
70.20subdivision are listed under section 154.003.
70.21 (c) Permits or certificates of registration issued under this subdivision are valid
70.22for one year from the date of issuance, after which the individual must complete a full
70.23application as required by section 197.4552.
Sec. 62. Minnesota Statutes 2014, 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
70.32(5) grants of up to $100,000 to any organization approved by the commissioner of
70.33veterans affairs for the purpose of supporting and improving the lives of veterans and
70.34their families; and
71.1(6) grants to an eligible foundation.
71.2(b) For purposes of this subdivision, "eligible foundation" includes any organization
71.4(1) is a tax-exempt organization under section 501(c) of the Internal Revenue
71.6(2) is a nonprofit corporation under chapter 317A and the organization's articles of
71.7incorporation specify that a purpose of the organization includes (i) providing assistance
71.8to veterans and their families or (ii) enhancing the lives of veterans and their families.
Sec. 63. Minnesota Statutes 2014, section 192.38, subdivision 1, is amended to read:
Subdivision 1. Temporary emergency relief.
If any officer or enlisted member
of the military forces is wounded or otherwise disabled, dies from disease contracted or
injuries received, or is killed while in state active service as defined in section
, the officer or member, or in the case of death the officer's or member's
dependent spouse, child, or parent, may be provided with immediate temporary relief as
necessary in cases of severe hardship, in an amount to be determined by the adjutant general
and approved by the governor or a death gratuity payment equal to the amount allowed for
71.17service members in a federal active service status
. All payments under this subdivision
shall be made from appropriations for
the maintenance of the state military forces
. The adjutant general shall notify the Department of Management and
Budget of any payments made pursuant to this subdivision and the amount of it shall be
subtracted from any award made by the Department of Management and Budget.
Sec. 64. Minnesota Statutes 2014, section 192.501, is amended by adding a subdivision
71.24 Subd. 1d. Reclassification bonus program. (a) The adjutant general may establish
71.25a program to provide a bonus to eligible members of the Minnesota National Guard who
71.26complete training that results in the award of a new military occupational specialty or
71.27air force specialty code in specialties that are identified by the Adjutant General to be
71.28necessary for the enhanced readiness of the Minnesota National Guard.
71.29(b) Eligibility for the bonus is limited to a member of the National Guard who:
71.30(1) is serving satisfactorily as determined by the adjutant general;
71.31(2) has 16 or fewer years of service creditable for retirement; and
71.32(3) undergoes military training deemed by the adjutant general as sufficiently
71.33important to the readiness of the National Guard or a unit of the National Guard to warrant
71.34the payment of a bonus in an amount to generally encourage the member's participation in
72.1such training. The adjutant general may, within the limitations of this paragraph and other
72.2applicable laws, determine additional eligibility criteria for the bonus, and must specify all
72.3of the criteria in regulations and publish changes as necessary.
72.4(c) The bonus payments must be made on a schedule that is determined and
72.5published in department regulations by the adjutant general.
72.6(d) If a member fails to complete a term of reenlistment or an obligated term of
72.7commissioned service for which a bonus was paid, the adjutant general may seek to
72.8recoup a prorated amount of the bonus as determined by the adjutant general.
Sec. 65. Minnesota Statutes 2014, section 197.46, is amended to read:
72.10197.46 VETERANS PREFERENCE ACT; REMOVAL FORBIDDEN; RIGHT
Any person whose rights may be in any way prejudiced contrary to any of the
provisions of this section, shall be entitled to a writ of mandamus to remedy the wrong.
No person holding a position by appointment or employment in the several counties,
cities, towns, school districts and all other political subdivisions in the state, who is a
veteran separated from the military service under honorable conditions, shall be removed
from such position or employment except for incompetency or misconduct shown after a
hearing, upon due notice, upon stated charges, in writing.
Any veteran who has been notified of the intent to discharge the veteran from an
appointed position or employment pursuant to this section shall be notified in writing of
such intent to discharge and of the veteran's right to request a hearing within 60 days of
receipt of the notice of intent to discharge. The failure of a veteran to request a hearing
within the provided 60-day period shall constitute a waiver of the right to a hearing. Such
failure shall also waive all other available legal remedies for reinstatement.
Request for a hearing concerning such a discharge shall be made in writing and
submitted by mail or personal service to the employment office of the concerned employer
or other appropriate office or person. If the veteran requests a hearing under this section,
72.28such written request must also contain the veteran's election to be heard by a civil service
72.29board or commission, a merit authority, or a three-person panel as defined in paragraph
72.30(c). If the veteran fails to identify the veteran's election, the governmental subdivision
72.31may select the hearing body.
In all governmental subdivisions having an established civil service board or
72.33 commission, or merit system authority, such hearing for removal or discharge shall be
72.34 held before such civil service board or commission or merit system authority. Where no
72.35 such civil service board or commission or merit system authority exists, such hearing
73.1 shall be held by (c) Hearings under this section shall be held by a civil service board or
73.2commission, a merit system authority, or
a board of three persons appointed as follows:
one by the governmental subdivision, one by the veteran, and the third by the two so
the event that all governmental subdivisions having an established civil service
73.5board or commission or merit system authority, the veteran shall elect which body will
73.6hold the hearing. If
hearing is authorized to be veteran chooses to have the hearing
before a three-person board,
the governmental subdivision's notice of intent to discharge
73.8 shall state that
the veteran must respond within 60 days of receipt of the notice of intent to
discharge, and provide in writing to the governmental subdivision the name, United States
mailing address, and telephone number of the veteran's selected representative for the
three-person board. The failure of a veteran to submit the name, address, and telephone
number of the veteran's selected representative to the governmental subdivision by mail or
by personal service within the provided notice's 60-day period, shall constitute a waiver of
the veteran's right to the hearing and all other legal remedies available for reinstatement of
the veteran's employment position. In the event the two persons selected by the veteran
and governmental subdivision do not appoint the third person within ten days after the
appointment of the last of the two, then the judge of the district court of the county
wherein the proceeding is pending, or if there be more than one judge in said county then
any judge in chambers, shall have jurisdiction to appoint, and upon application of either or
both of the two so selected shall appoint, the third person to the board and the person so
appointed by the judge with the two first selected shall constitute the board.
Either the veteran or the governmental subdivision may appeal from the decision
of the board upon the charges to the district court by causing written notice of appeal,
stating the grounds thereof, to be served upon the other party within 15 days after notice of
the decision and by filing the original notice of appeal with proof of service thereof in the
office of the court administrator of the district court within ten days after service thereof.
Nothing in section
or this section shall be construed to apply to the position of
private secretary, superintendent of schools, or one chief deputy of any elected official
or head of a department, or to any person holding a strictly confidential relation to the
Nothing in this section shall be construed to apply to the position of
The burden of establishing such relationship shall be upon the appointing officer
in all proceedings and actions relating thereto.
73.33(e) The governmental subdivision shall bear all administrative costs associated with
73.34the hearing. If the veteran prevails, the governmental subdivision shall pay the veteran's
73.35reasonable attorney fees.
All officers, boards, commissions, and employees shall conform to, comply with,
and aid in all proper ways in carrying into effect the provisions of section
section notwithstanding any laws, charter provisions, ordinances or rules to the contrary.
Any willful violation of such sections by officers, officials, or employees is a misdemeanor.
74.5EFFECTIVE DATE.This section is effective the day following final enactment
74.6and applies to all notices of intent to discharge issued on or after that date.
Sec. 66. [197.987] HONOR AND REMEMBER FLAG.
74.8 Subdivision 1. Legislative findings. The legislature of the state of Minnesota finds
74.9and determines that:
74.10(1) since the Revolutionary War, more than 1,000,000 members of the United States
74.11armed forces have paid the ultimate price by sacrificing their lives in active military
74.12service for the United States of America;
74.13(2) the contribution made by those fallen members of the armed forces is deserving
74.14of state and national recognition; and
74.15(3) the Honor and Remember Flag is an appropriate symbol that acknowledges the
74.16selfless sacrifice of those members of the United States armed forces.
74.17 Subd. 2. Designation. The Honor and Remember Flag created by Honor and
74.18Remember, Inc., is designated as the symbol of our state's concern and commitment to
74.19honoring and remembering the lives of all members of the United States armed forces who
74.20have lost their lives in the line of duty while serving honorably in active military service
74.21in the United States armed forces or of a service-connected cause due to or aggravated
74.22by that service, as determined by the United States Department of Defense or the United
74.23States Department of Veterans Affairs.
74.24 Subd. 3. Suggested days for flag display. (a) The chief administrator of each
74.25governmental building or facility within this state, as defined in paragraph (b), is
74.26encouraged to display the Honor and Remember Flag on the following days each year:
74.27(1) Armed Forces Day, the third Saturday in May;
74.28(2) Flag Day, June 14;
74.29(3) July 2nd and July 3rd, in remembrance of the 262 soldiers of the 1st Regiment
74.30Minnesota Volunteer Infantry who, at the Battle of Gettysburg during the American Civil
74.31War, fought so gallantly and successfully to repulse two major Confederate attacks on the
74.32main Union line, suffering over 80 percent casualties, thereby turning the battle and the
74.33war and helping to preserve the Union itself at that pivotal moment in our nation's history;
74.34(4) July 4th, Independence Day;
74.35(5) the third Friday of September, National POW/MIA Recognition Day;
75.1(6) November 11, Veterans Day;
75.2(7) July 27, Korean War Armistice Day; and
75.3(8) March 29, Vietnam Veterans Day.
75.4(b) For purposes of this section, "governmental building or facility within this state"
75.5means the following locations:
75.6(1) the Minnesota State Capitol, the Office of the Governor and each other Minnesota
75.7constitutional office, the chambers of the Minnesota Senate and the Minnesota House of
75.8Representatives, the Minnesota Supreme Court Building and each Minnesota District
75.9Court House, as well as any official state of Minnesota veterans memorial, Minnesota
75.10veterans home, or Minnesota veterans cemetery;
75.11(2) to the extent authorized by federal law and regulation, any United States veterans
75.12cemetery, veterans memorial, post office, or other federal building, as well as any United
75.13States Department of Veterans Affairs medical center, veterans service center, and veterans
75.14community-based outreach center; and
75.15(3) any appropriate local government building or facility, as determined by the
75.16governing body of that local government.
75.17 Subd. 4. Limitation. This section may not be construed or interpreted to require
75.18any employee to report to work solely for the purpose of providing for the display of the
75.19Honor and Remember Flag or any other flag.
75.20 Subd. 5. Implementation. If a governmental building or facility within this state
75.21opts to display the Honor and Remember Flag, the chief administrator of that facility shall
75.22prescribe procedures necessary for the display.
75.23 Subd. 6. Flag donation. Any named public office or public official may accept a
75.24donation of one or more Honor and Remember Flags for the purpose of this section.
75.25EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 67. Minnesota Statutes 2014, section 211B.37, is amended to read:
75.27211B.37 COSTS ASSESSED.
Except as otherwise provided in section
211B.36, subdivision 3
, the chief
administrative law judge shall assess the cost of considering complaints filed under section
as provided in this section. Costs of complaints relating to a statewide ballot
question or an election for a statewide or legislative office must be
assessed against the
75.32 appropriation from the general fund to the general account of the state elections campaign
75.33 account in section
10A.31, subdivision 4 paid from appropriations to the office for this
. Costs of complaints relating to any other ballot question or elective office must
be paid from appropriations to the office for this purpose.
Sec. 68. Minnesota Statutes 2014, section 240.01, subdivision 22, is amended to read:
Subd. 22. Racing season.
"Racing season" means that portion of the calendar
year starting at the beginning of the day of the first live horse race conducted by the
licensee and concluding at the end of the day of the last live horse race conducted by
the licensee in any year.
For purposes of this chapter, the racing season begins before the first Saturday in
76.9 May and continues for not less than 25 consecutive weeks.
76.10EFFECTIVE DATE.This section is effective January 1, 2016.
Sec. 69. Minnesota Statutes 2014, section 240.01, is amended by adding a subdivision
76.13 Subd. 28. Takeout. "Takeout" means the total amount of money, excluding
76.14breakage, withheld from each pari-mutuel pool, as authorized by statute or rule.
Sec. 70. Minnesota Statutes 2014, section 240.01, is amended by adding a subdivision
76.17 Subd. 29. Handle "Handle" means the aggregate of all pari-mutuel pools, excluding
76.18refundable wagers or cancellations.
Sec. 71. Minnesota Statutes 2014, section 240.01, is amended by adding a subdivision
76.21 Subd. 30. Mixed meet. "Mixed meet" means a racing day or series of racing days
76.22on which the racing of more than one breed of horse occurs.
Sec. 72. Minnesota Statutes 2014, section 240.01, is amended by adding a subdivision
76.25 Subd. 31. Banked. "Banked" means any game of chance that is played with the
76.26house as a participant in the game, where the house takes on all players, collects from all
76.27losers, and pays all winners, and the house can win.
Sec. 73. Minnesota Statutes 2014, section 240.01, is amended by adding a subdivision
77.1 Subd. 32. Steward. A "steward" means an official described in section 240.16. The
77.2term steward includes the terms "judge," "chief steward," and "presiding judge," and
77.3applies to stewards and judges of the commission or a class B licensee, but not to other
77.4racing officials, such as paddock or placement judges, who are employees or agents of
77.5a class B licensee.
Sec. 74. Minnesota Statutes 2014, section 240.011, is amended to read:
77.7240.011 APPOINTMENT OF DIRECTOR.
The governor shall appoint the director of the Minnesota Racing Commission,
who serves in the unclassified service at the governor's pleasure. The director must be
a person qualified by experience
in the administration and regulation of pari-mutuel
77.11 racing and training to possess the skills necessary
to discharge the duties of the director.
The governor must select a director from a list of one or more names submitted by the
Minnesota Racing Commission.
Sec. 75. Minnesota Statutes 2014, section 240.03, is amended to read:
77.15240.03 COMMISSION POWERS AND DUTIES.
The commission has the following powers and duties:
(1) to regulate horse racing in Minnesota to ensure that it is conducted in the public
(2) to issue licenses as provided in this chapter;
(3) to enforce all laws and rules governing horse racing;
(4) to collect and distribute all taxes provided for in this chapter;
(5) to conduct necessary investigations and inquiries and to issue subpoenas to
compel the attendance of witnesses and
the submission of information, documents,
records, and other evidence
it deems necessary to carry out its duties;
(6) to supervise the conduct of pari-mutuel betting on horse racing;
(7) to employ and supervise personnel under this chapter;
(8) to determine the number of racing days to be held in the state and at each
(9) to take all necessary steps to ensure the integrity of racing in Minnesota; and
(10) to impose fees on the racing and card playing industries sufficient to recover the
operating costs of the commission with the approval of the legislature according to section
. Notwithstanding section
, when the legislature is not in session, the
commissioner of management and budget may grant interim approval for any new fees
or adjustments to existing fees that are not statutorily specified, until such time as the
legislature reconvenes and acts upon the new fees or adjustments. As part of its biennial
budget request, the commission must propose changes to its fees that will be sufficient to
recover the operating costs of the commission.
Sec. 76. Minnesota Statutes 2014, section 240.08, subdivision 2, is amended to read:
Subd. 2. Application. (a)
An application for a class C license must be on a form
the commission prescribes and must be accompanied by an affidavit of qualification
that the applicant:
is not in default in the payment of an obligation or debt to the state under
Laws 1983, chapter 214;
does not have a felony conviction of record in a state or federal court and
does not have a state or federal felony charge pending;
is not and never has been connected with or engaged in an illegal business;
has never been found guilty of fraud or misrepresentation in connection
with racing or breeding;
has never been found guilty of a violation of law or rule relating to horse
racing, pari-mutuel betting or any other form of gambling which is a serious violation
as defined by the commission's rules; and
has never been found to have
a rule or an
order of the
commission or a law or rule
of Minnesota or another jurisdiction
relating to horse
78.20pari-mutuel betting, or any other form of gambling
The application must also contain an irrevocable consent statement, to be signed
by the applicant, which states that suits and actions relating to the subject matter of the
application or acts or omissions arising from it may be commenced against the applicant in
any court of competent jurisdiction in this state by the service on the secretary of state of
any summons, process, or pleading authorized by the laws of this state. If any summons,
process, or pleading is served upon the secretary of state, it must be by duplicate copies.
One copy must be retained in the Office of the Secretary of State and the other copy must
be forwarded immediately by certified mail to the address of the applicant, as shown by
the records of the commission.
Sec. 77. Minnesota Statutes 2014, section 240.08, subdivision 4, is amended to read:
Subd. 4. License issuance and renewal.
If the commission determines that
the applicant is qualified for the occupation for which licensing is sought and will
not adversely affect the public health, welfare, and safety or the integrity of racing in
Minnesota, it may issue a class C license to the applicant. If it makes a similar finding for
a renewal of a class C license it may renew the license. Class C licenses are effective
79.2 one year. until December 31 of the calendar year for which they are issued. Certain types
79.3of class C licenses, to be determined by the commission, are effective until December 31
79.4of the third calendar year for which they have been issued.
79.5EFFECTIVE DATE.This section is effective July 1, 2015.
Sec. 78. Minnesota Statutes 2014, section 240.08, subdivision 5, is amended to read:
Subd. 5. Revocation and suspension. (a)
The commission may revoke a class C
license for a violation of law or rule which in the commission's opinion adversely affects
the integrity of horse racing in Minnesota, the public health, welfare, or safety,
or for an
intentional false statement made in a license application.
The commission may suspend a class C license for up to one year for a violation of
law, order or rule.
The commission may delegate to its designated agents the authority to impose
suspensions of class C licenses, and the revocation or
suspension of a class C license
be appealed to the commission according to its rules.
A license revocation or suspension for more than 90 days is a contested case
of the Administrative Procedure Act and is in addition to
criminal penalties imposed for a violation of law or rule. The commission may summarily
suspend a license for more than 90 days prior to a contested case hearing where it is
necessary to ensure the integrity of racing or to protect the public health, welfare, or safety
A contested case hearing must be held within
days of the summary suspension and
the administrative law judge's report must be issued within
days from the close of
the hearing record. In all cases involving summary suspension the commission must issue
its final decision within 30 days from receipt of the report of the administrative law judge
and subsequent exceptions and argument under section
Sec. 79. Minnesota Statutes 2014, section 240.10, is amended to read:
79.27240.10 LICENSE FEES.
The fee for a class A license is $253,000 per year and must be remitted on July 1.
The fee for a class B license is $500 for each assigned racing day and $100 for each day
on which simulcasting is authorized and must be remitted on July 1.
Included herein are
79.31 all days assigned to be conducted after January 1, 2003.
The fee for a class D license is
$50 for each assigned racing day on which racing is actually conducted. Fees imposed on
class D licenses must be paid to the commission at a time and in a manner as provided by
rule of the commission.
The commission shall by rule establish an annual license fee for each occupation it
licenses under section
but no annual fee for a class C license may exceed $100
80.5EFFECTIVE DATE.This section is effective July 1, 2015.
Sec. 80. Minnesota Statutes 2014, section 240.13, subdivision 5, is amended to read:
Subd. 5. Purses.
(a) From the amounts deducted from all pari-mutuel pools by a
licensee, an amount equal to not less than the following percentages of all money in all
pools must be set aside by the licensee and used for purses for races conducted by the
licensee, provided that a licensee may agree by contract with an organization representing
a majority of the horsepersons racing the breed involved to set aside amounts in addition
to the following percentages, if the contract is in writing and filed with the commission
(1) for live races conducted at a class A facility,
and for races that are part of full
80.14 racing card simulcasting that takes place within the time period of the live races,
percent of handle
(2) for simulcasts conducted during the racing season other than as provided for in
80.17 clause (1), 50 percent of the takeout remaining after deduction for taxes on pari-mutuel
80.18 pools, payment to the breeders fund, and payment to the sending out-of-state racetrack for
80.19 receipt of the signal; and
80.20 (3) (2)
for simulcasts conducted
outside of the racing season, 25 any day a class A
80.21facility is licensed, not less than 37
percent of the takeout remaining after deduction for the
state pari-mutuel tax, payment to the breeders fund, and
payment to the sending out-of-state
racetrack for receipt of the signal
and, before January 1, 2005, a further deduction of
80.24 eight percent of all money in all pools. In the event that wagering on simulcasts outside
80.25 of the racing season exceeds $125 million in any calendar year, the amount set aside for
80.26 purses by this formula is increased to 30 percent on amounts between $125,000,000 and
80.27 $150,000,000 wagered; 40 percent on amounts between $150,000,000 and $175,000,000
80.28 wagered; and 50 percent on amounts in excess of $175,000,000 wagered. In lieu of
80.29 the eight percent deduction, A deduction as agreed to between the licensee and the
80.30 horsepersons' organization representing the majority of horsepersons racing at the licensee's
80.31 class A facility during the preceding 12 months, is allowed after December 31, 2004
The commission may by rule provide for the administration and enforcement of
this subdivision. The deductions for payment to the sending out-of-state racetrack must
be actual, except that when there exists any overlap of ownership, control, or interest
between the sending out-of-state racetrack and the receiving licensee, the deduction
must not be greater than three percent unless agreed to between the licensee and the
horsepersons' organization representing the majority of horsepersons racing the breed
racing the majority of races during the existing racing meeting or, if outside of the racing
season, during the most recent racing meeting.
In lieu of the amount the licensee must pay to the commission for deposit in the
81.6 Minnesota breeders fund under section
240.15, subdivision 1 ,
The licensee shall pay to the
81.7commission for deposit in the Minnesota breeders fund
5-1/2 percent of the takeout from
all pari-mutuel pools generated by wagering at the licensee's facility on
full racing card
simulcasts of races not conducted in this state.
(b) From the money set aside for purses, the licensee shall pay to the horseperson's
organization representing the majority of the horsepersons racing the breed involved
and contracting with the licensee with respect to purses and the conduct of the racing
meetings and providing representation to its members
, an amount as may be determined
81.14by agreement by the licensee and the horsepersons' organization sufficient to provide
benevolent programs, benefits, and services for horsepersons and their on-track employees
81.16 an amount, sufficient to perform these services, as may be determined by agreement by
81.17 the licensee and the horseperson's organization
. The amount paid may be deducted only
from the money set aside for purses to be paid in races for the breed represented by the
horseperson's organization. With respect to racing meetings where more than one breed
is racing, the licensee may contract independently with the horseperson's organization
representing each breed racing.
(c) Notwithstanding sections
, a horseperson's organization
representing the majority of the horsepersons racing a breed at a meeting, and the members
thereof, may agree to withhold horses during a meeting.
(d) Money set aside for purses from wagering, during the racing season, on
81.26 simulcasts must be used for purses for live races conducted at the licensee's class A facility
81.27 during the same racing season, over and above the 8.4 percent purse requirement or any
81.28 higher requirement to which the parties agree, for races conducted in this state. Money
81.29 set aside for purses from wagering, outside of the racing season, on simulcasts must be
81.30 for purses for live races conducted at the licensee's class A facility during the next racing
81.31 season, over and above the 8.4 percent purse requirement or any higher requirement to
81.32 which the parties agree, for races conducted in this state.
81.33 (e) (d)
Money set aside for purses from wagering on simulcasts must be used for
purses for live races involving the same breed involved in the simulcast except that money
set aside for purses and payments to the breeders fund from wagering on
full racing card
simulcasts of races not conducted in this state, occurring during a live mixed meet, must
be allotted to the purses and breeders fund for each breed participating in the mixed meet
82.2as agreed upon by the breed organizations participating in the live mixed meet. The
82.3agreement shall be in writing and filed with the commission prior to the first day of the live
82.4mixed meet. In the absence of a written agreement filed with the commission, the money
82.5set aside for purses and payments to the breeders fund from wagering on simulcasts,
82.6occurring during a live mixed meet, shall be allotted to each breed participating in the live
in the same proportion that the number of live races run by each breed bears
to the total number of live races conducted during the period of the mixed meet.
The allocation of money set aside for purses to particular racing meets may be
adjusted, relative to overpayments and underpayments, by contract between the licensee
and the horsepersons' organization representing the majority of horsepersons racing the
breed involved at the licensee's facility.
Subject to the provisions of this chapter, money set aside from pari-mutuel
pools for purses must be for the breed involved in the race that generated the pool, except
that if the breed involved in the race generating the pari-mutuel pool is not racing in the
current racing meeting, or has not raced within the preceding 12 months at the licensee's
class A facility, money set aside for purses may be distributed proportionately to those
breeds that have run during the preceding 12 months or paid to the commission and
used for purses or to promote racing for the breed involved in the race generating the
pari-mutuel pool, or both, in a manner prescribed by the commission.
This subdivision does not apply to a class D licensee.
82.22EFFECTIVE DATE.This section is effective January 1, 2016.
Sec. 81. Minnesota Statutes 2014, section 240.13, subdivision 6, is amended to read:
Subd. 6. Simulcasting.
(a) The commission may permit an authorized licensee to
conduct simulcasting at the licensee's facility on any day authorized by the commission.
All simulcasts must comply with the Interstate Horse Racing Act of 1978, United States
Code, title 15, sections 3001 to 3007.
(b) The commission may not authorize any day for simulcasting at a class A facility
during the racing season, and a licensee may not be allowed to transmit out-of-state
telecasts of races the licensee conducts, unless the licensee has obtained the approval of
the horsepersons' organization representing the majority of the horsepersons racing the
breed involved at the licensed racetrack during the preceding 12 months. In the case of
a class A facility licensed under section
240.06, subdivision 5a
, the approval applicable
to the first year of the racetrack's operation may be obtained from the horsepersons'
organization that represents the majority of horsepersons who will race the breed involved
at the licensed racetrack during the first year of the racetrack's operation.
(c) The licensee may pay fees and costs to an entity transmitting a telecast of a
race to the licensee for purposes of conducting pari-mutuel wagering on the race. The
licensee may deduct fees and costs related to the receipt of televised transmissions from a
pari-mutuel pool on the televised race, provided that one-half of any amount recouped in
this manner must be added to the amounts required to be set aside for purses.
(d) With the approval of the commission and subject to the provisions of this
subdivision, a licensee may transmit telecasts of races it conducts, for wagering purposes,
to locations outside the state, and the commission may allow this to be done on a
commingled pool basis.
(e) Except as otherwise provided in this section, simulcasting may be conducted on a
pool basis or, with the approval of the commission, on a
pool basis. All provisions of law governing pari-mutuel betting apply to
simulcasting except as otherwise provided in this subdivision or in the commission's
rules. If pools are commingled, wagering at the licensed facility must be on equipment
electronically linked with the equipment at the licensee's class A facility or with the
sending racetrack via the totalizator computer at the licensee's class A facility. Subject to
the approval of the commission, the types of betting, takeout, and distribution of winnings
on commingled pari-mutuel pools are those in effect at the sending racetrack. Breakage
for pari-mutuel pools on a televised race must be calculated in accordance with the law or
rules governing the sending racetrack for these pools, and must be distributed in a manner
agreed to between the licensee and the sending racetrack. Notwithstanding subdivision 7
240.15, subdivision 5
, the commission may approve procedures governing the
definition and disposition of unclaimed tickets that are consistent with the law and rules
governing unclaimed tickets at the sending racetrack. For the purposes of this section,
"sending racetrack" is either the racetrack outside of this state where the horse race is
conducted or, with the consent of the racetrack, an alternative facility that serves as the
racetrack for the purpose of commingling pools.
(f) Except as otherwise provided in section
240.06, subdivision 5b
, paragraph (2),
if there is more than one class B licensee conducting racing within the seven-county
metropolitan area, simulcasting may be conducted only on races run by a breed that ran at
the licensee's class A facility within the 12 months preceding the event.
Sec. 82. Minnesota Statutes 2014, section 240.135, is amended to read:
83.35240.135 CARD CLUB REVENUE.
(a) From the amounts received from charges authorized under section
, the licensee shall set aside the amounts specified in this section to be
used for purse payments. These amounts are in addition to the breeders fund and purse
requirements set forth elsewhere in this chapter.
(1) For amounts between zero and $6,000,000, the licensee shall set aside not less
ten percent to be used as purses.
(2) For amounts in excess of $6,000,000, the licensee shall set aside not less than
14 percent to be used as purses.
(b) From all amounts set aside under paragraph (a), the licensee shall set aside
ten percent to be deposited in the breeders fund.
The licensee and the horseperson's
84.11 organization representing the majority of horsepersons who have raced at the racetrack
84.12 during the preceding 12 months may negotiate percentages different from those stated in
84.13 this section if the agreement is in writing and filed with the Racing Commission.
(c) It is the intent of the legislature that the proceeds of the card playing activities
authorized by this chapter be used to improve the horse racing industry by improving purses.
84.16The licensee and the horseperson's organization representing the majority of horsepersons
84.17who have raced at the racetrack during the preceding 12 months may negotiate percentages
84.18that exceed those stated in this section if the agreement is in writing and filed with the
The commission shall annually review the financial details of card playing
activities and determine if the present use of card playing proceeds is consistent with the
policy established by this paragraph. If the commission determines that the use of the
proceeds does not comply with the policy set forth herein, then the commission shall direct
the parties to make the changes necessary to ensure compliance. If these changes require
legislation, the commission shall make the appropriate recommendations to the legislature.
Sec. 83. Minnesota Statutes 2014, section 240.15, subdivision 1, is amended to read:
Subdivision 1. Taxes imposed.
(a) There is imposed a tax at the rate of six percent
of the amount in excess of $12,000,000 annually withheld from all pari-mutuel pools by
the licensee, including breakage and amounts withheld under section
. For the purpose of this subdivision, "annually" is the period from July 1 to June 30 of
the next year.
In addition to the above tax, the licensee must designate and pay to the commission
a tax of one percent of the
total amount bet on each racing day handle for live races
84.33conducted at a class A facility
, for deposit in the Minnesota breeders fund.
The taxes imposed by this clause must be paid from the amounts permitted to be
withheld by a licensee under section
240.13, subdivision 4
(b) The commission may impose an admissions tax of not more than ten cents on
each paid admission at a licensed racetrack on a racing day if:
(1) the tax is requested by a local unit of government within whose borders the
track is located;
(2) a public hearing is held on the request; and
(3) the commission finds that the local unit of government requesting the tax is in
need of its revenue to meet extraordinary expenses caused by the racetrack.
Sec. 84. Minnesota Statutes 2014, 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 all money received from license 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
all money generated by
full racing card
simulcasts must be distributed as provided in
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 and fines collected under 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.
Sec. 85. Minnesota Statutes 2014, section 240.16, subdivision 1, is amended to read:
Subdivision 1. Powers and duties.
All horse races run at a licensed racetrack must
be presided over by a board of three stewards, who must be appointees of the commission or
persons approved by it. The commission shall designate one steward as chair. At least two
stewards for all races either shall be employees of the commission who shall serve in the
unclassified service, or shall be under contract with the commission to serve as stewards.
The commission may delegate the following duties and powers to a board of stewards:
(a) to ensure that races are run in accordance with the commission's rules;
(b) to supervise the conduct of racing to ensure the integrity of the sport;
(c) to settle disputes arising from the running of horse races, and to certify official
(d) to impose on licensees, for violation of law or commission rules, fines not
and license suspensions not exceeding 90 days;
(e) to recommend to the commission where warranted penalties in excess of those
in clause (d);
(f) to otherwise enforce the laws and rules of racing; and
(g) to perform other duties and have other powers assigned by the commission.
Sec. 86. Minnesota Statutes 2014, section 240.22, is amended to read:
The commission shall by rule establish a graduated schedule of civil fines for
violations of laws related to horse racing or of the commission's rules. The schedule
must include minimum and maximum fines for each violation and be based on and
reflect the culpability, frequency and severity of the violator's actions. The commission
may impose a fine from this schedule on a licensee for a violation of those rules or laws
relating to horse racing. The fine is in addition to any criminal penalty imposed for the
same violation. Fines imposed by the commission must be paid to the commission and
86.16except as provided in paragraph (b),
forwarded to the commissioner of management and
budget for deposit in the general fund. A fine in excess of
is a contested
case under the Administrative Procedure Act.
86.19(b) If the commission is the prevailing party in a contested case proceeding, the
86.20commission may recover, from amounts to be forwarded under paragraph (a), reasonable
86.21attorney fees and costs associated with the contested case.
86.22EFFECTIVE DATE.This section is effective July 1, 2016.
Sec. 87. Minnesota Statutes 2014, section 240.23, is amended to read:
86.24240.23 RULEMAKING AUTHORITY.
The commission has the authority, in addition to all other rulemaking authority
granted elsewhere in this chapter to promulgate rules governing:
(a) the conduct of horse races held at licensed racetracks in Minnesota, including but
not limited to the rules of racing, standards of entry, operation of claiming races, filing and
handling of objections, carrying of weights, and declaration of official results;
wire wired and wireless
communications between the premises of a licensed
racetrack and any place outside the premises;
(c) information on horse races which is sold on the premises of a licensed racetrack;
(d) liability insurance which it may require of all class A, class B, and class D
(e) the auditing of the books and records of a licensee by an auditor employed
or appointed by the commission;
(f) emergency action plans maintained by licensed racetracks and their periodic
(g) safety, security, and sanitation of stabling facilities at licensed racetracks;
(h) entry fees and other funds received by a licensee in the course of conducting
racing which the commission determines must be placed in escrow accounts;
(i) affirmative action in employment and contracting by class A, class B, and class D
87.12(j) procedures for the sampling and testing of any horse that is eligible to race in
87.13Minnesota for substances or practices that are prohibited by law or rule; and
87.14 (j) (k)
any other aspect of horse racing or pari-mutuel betting which in its opinion
affects the integrity of racing or the public health, welfare, or safety.
Rules of the commission are subject to chapter 14, the Administrative Procedure Act.
87.17EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 88. Minnesota Statutes 2014, section 272.484, is amended to read:
The fee for filing and indexing each notice of lien or certificate or notice affecting
the lien is:
(1) for a lien, certificate of discharge or subordination, and for all other notices,
including a certificate of release or nonattachment filed with the secretary of state, the fee
provided by section
, except that the filing fee charged to the district directors
of internal revenue for filing a federal tax lien is $15
for up to two debtor names and
87.26 $15 for each additional name
(2) for a lien, certificate of discharge or subordination, and for all other notices,
including a certificate of release or nonattachment filed with the county recorder, the fee
for filing a real estate mortgage in the county where filed.
The officer shall bill the district directors of internal revenue or other appropriate
federal officials on a monthly basis for fees for documents filed by them.
Sec. 89. Minnesota Statutes 2014, section 298.22, subdivision 1, is amended to read:
Subdivision 1. The Office of the Commissioner of Iron Range resources
(a) The Office of the Commissioner of Iron Range resources and
rehabilitation is created as an agency in the executive branch of state government. The
governor shall appoint the commissioner of Iron Range resources and rehabilitation under
(b) The commissioner may hold other positions or appointments that are not
incompatible with duties as commissioner of Iron Range resources and rehabilitation. The
commissioner may appoint a deputy commissioner. All expenses of the commissioner,
including the payment of staff and other assistance as may be necessary, must be paid
out of the amounts appropriated by section
or otherwise made available by law
to the commissioner.
Notwithstanding chapters 16A, 16B, and 16C, the commissioner
88.12 may utilize contracting options available under section
471.345 when the commissioner
88.13 determines it is in the best interest of the agency. The agency is not subject to sections
88.14 16E.016 and
(c) When the commissioner determines that distress and unemployment exists or
may exist in the future in any county by reason of the removal of natural resources or
a possibly limited use of natural resources in the future and any resulting decrease in
employment, the commissioner may use whatever amounts of the appropriation made to
the commissioner of revenue in section
that are determined to be necessary and
proper in the development of the remaining resources of the county and in the vocational
training and rehabilitation of its residents, except that the amount needed to cover cost
overruns awarded to a contractor by an arbitrator in relation to a contract awarded by
the commissioner or in effect after July 1, 1985, is appropriated from the general fund.
For the purposes of this section, "development of remaining resources" includes, but is
not limited to, the promotion of tourism.
Sec. 90. Minnesota Statutes 2014, section 303.19, is amended to read:
Application Required filing.
Any foreign corporation whose
certificate of authority to do business in this state shall have been revoked or canceled may
file reinstate that authority by filing an annual renewal and the fee required by subdivision
with the secretary of state
an application for reinstatement. Such application shall be
88.32 on forms prescribed by the secretary of state, shall contain all the matters required to be
88.33 set forth in an original application for a certificate of authority, and such other pertinent
88.34 information as may be required by the secretary of state
. If any of the information in the
88.35original application for authority has changed, the foreign corporation must also file an
89.1amended certificate setting forth the currently accurate information, with the fee required
89.2by section 303.21, subdivision 3.
Subd. 2. Fee.
If the certificate of authority was revoked by the secretary of state
pursuant to section
the corporation shall pay to the commissioner of management
89.5 and budget $250 before it may be reinstated.
89.6 If the certificate of authority was canceled or
by a judgment pursuant to section
, the corporation shall pay to the commissioner of management and budget $500
before it may be reinstated.
Subd. 3. Certificate of reinstatement.
Upon the filing of the application and upon
all penalties, fees and charges required by law, not including an initial license
89.11 fee or additional license fees to the extent that they have previously been paid by the
89.12 corporation the fees imposed by this section
, the secretary of state shall reinstate the
license of the corporation.
Sec. 91. Minnesota Statutes 2014, section 304A.301, subdivision 1, is amended to read:
Subdivision 1. Report required.
No later than 90 days after the conclusion of
89.16 each calendar year Before each April 1
, a public benefit corporation must deliver to the
secretary of state for filing an annual benefit report covering the 12-month period ending
on December 31 of
that the previous
year and pay a fee of $35 to the secretary of state.
The annual benefit report must state the name of the public benefit corporation, be signed
by the public benefit corporation's chief executive officer not more than 30 days before the
report is delivered to the secretary of state for filing, and must be current when signed.
Sec. 92. Minnesota Statutes 2014, section 304A.301, subdivision 5, is amended to read:
Subd. 5. Failure to file an annual benefit report.
If a public benefit corporation
fails to file
an, before April 1 of any calendar year, the
annual benefit report
89.25 with this section within 90 days of the date on which an annual benefit report is due
89.26required by this section
, the secretary of state shall revoke the corporation's status as a
public benefit corporation under this chapter and must notify the public benefit corporation
of the revocation using the information provided by the corporation pursuant to section
or provided in the articles.
Sec. 93. Minnesota Statutes 2014, section 304A.301, subdivision 6, is amended to read:
Subd. 6. Effects of revocation; reinstatement.
(a) A public benefit corporation
that has lost its public benefit corporation status for failure to timely file an annual benefit
report or by terminating that status pursuant to section 304A.103
is not entitled to the
benefits afforded to a public benefit corporation under this chapter as of the date of
revocation or termination and must amend the articles of incorporation to reflect a name
90.3compliant with section 302A.115, but which does not include the corporate designation
90.4provided for in section 304A.101, subdivision 2
(b) Within 30 days of issuance of revocation of public benefit corporation status by
the secretary of state, filing a renewal complying with this section and a $500 fee with
the secretary of state will reinstate the corporation as a public benefit corporation under
this chapter as of the date of revocation.
Sec. 94. Minnesota Statutes 2014, section 304A.301, is amended by adding a
subdivision to read:
90.11 Subd. 8. Failure to change corporate name. The duration of a corporation that has
90.12had public benefit status terminated or revoked and which fails to change the corporate
90.13name as provided in subdivision 6 expires automatically 30 days after termination or
90.14revocation of the public benefit corporation status.
Sec. 95. Minnesota Statutes 2014, section 326A.01, subdivision 2, is amended to read:
Subd. 2. Attest.
to provide providing any of
(1) an audit or other engagement performed in accordance with the Statements on
Auditing Standards (SAS);
(2) a review of a financial statement performed in accordance with the Statements on
Standards for Accounting and Review Services (SSARS);
(3) an examination of prospective financial information performed in accordance
with the Statements on Standards for Attestation Engagements (SSAE);
engagement performed in accordance with
auditing and related the
standards of the Public Company Accounting Oversight Board (PCAOB); and
90.26(5) an examination, review, or agreed-upon procedures engagement performed in
90.27accordance with SSAE, other than an examination described in clause (3)
Sec. 96. Minnesota Statutes 2014, section 326A.01, subdivision 12, is amended to read:
Subd. 12. Peer review.
"Peer review" means an independent study, appraisal, or
review of one or more aspects of the professional work of a licensee or CPA firm
issues attest or compilation reports, or the professional work of a person registered under
326A.06, paragraph (b)
, by persons who are not affiliated with the licensee or
Sec. 97. Minnesota Statutes 2014, section 326A.01, subdivision 13a, is amended to read:
Subd. 13a. Principal place of business.
"Principal place of business" means the
office location designated by the licensee for purposes of substantial equivalency and
in this state and in other states
Sec. 98. Minnesota Statutes 2014, section 326A.01, subdivision 15, is amended to read:
Subd. 15. Report.
"Report," when used with reference to
financial statements an
91.7attest or compilation service
, means an opinion, report, or other form of language that
states or implies assurance as to the reliability of
any the attested information or compiled
financial statements and that also includes or is accompanied by a statement or implication
that the person or firm issuing it has special knowledge or competence in accounting or
auditing. Such a statement or implication of special knowledge or competence may arise
from use by the issuer of the report of names or titles indicating that the person or firm is an
accountant or auditor, or from the language of the report itself. The term "report" includes
any form of language that disclaims an opinion when the form of language is conventionally
understood to imply any positive assurance as to the reliability of the attested information
financial statements referred to or special competence on the part of the person
or firm issuing the language. It includes any other form of language that is conventionally
understood to imply such assurance or such special knowledge or competence.
Sec. 99. Minnesota Statutes 2014, section 326A.01, subdivision 16, is amended to read:
Subd. 16. State.
"State" means any state of the United States, the District of
Columbia, Puerto Rico, the U.S. Virgin Islands, the Commonwealth of the Northern
and Guam; except that "this state" means the state of Minnesota.
Sec. 100. Minnesota Statutes 2014, section 326A.02, subdivision 3, is amended to read:
Subd. 3. Officers; proceedings.
The board shall elect one of its
as chair, another as vice-chair, and another as secretary and treasurer. The officers shall
hold their respective offices for a term of one year and until their successors are elected.
The affirmative vote of a majority of the qualified members of the board, or a majority of
a quorum of the board at any meeting duly called, is considered the action of the board.
The board shall meet at such times and places as may be fixed by the board. Meetings
of the board are subject to chapter 13D. A majority of the board members then in office
constitutes a quorum at any meeting duly called. The board shall retain or arrange for the
retention of all applications and all documents under oath that are filed with the board and
also records of its proceedings, and it shall maintain a registry of the names and addresses
of all licensees and registrants under this chapter. In any proceeding in court, civil or
criminal, arising out of or founded upon any provision of this chapter, copies of records of
the proceeding certified as true copies by the board chair or executive director shall be
admissible in evidence as tending to prove the contents of the records.
Sec. 101. Minnesota Statutes 2014, section 326A.02, subdivision 5, is amended to read:
Subd. 5. Rules.
The board may adopt rules governing its administration and
enforcement of this chapter and the conduct of licensees and persons registered under
326A.06, paragraph (b)
(1) rules governing the board's meetings and the conduct of its business;
(2) rules of procedure governing the conduct of investigations and hearings and
discipline by the board;
(3) rules specifying the educational and experience qualifications required for the
issuance of certificates and the continuing professional education required for renewal
(4) rules of professional conduct directed to controlling the quality and probity
of services by licensees, and dealing among other things with independence, integrity,
and objectivity; competence and technical standards; and responsibilities to the public
and to clients;
(5) rules governing the professional standards applicable to licensees including
adoption of the standards specified in section
326A.01, subdivision 2
, and as developed
for general application by recognized national accountancy organizations such as the
American Institute of Certified Public Accountants or the Public Company Accounting
92.24(6) rules that incorporate by reference the standards for attesting listed in section
92.25326A.01, subdivision 2, that are consistent with the standards of general applicability
92.26recognized by national accountancy organizations, including the American Institute of
92.27Certified Public Accountants and the Public Company Accounting Oversight Board;
rules governing the manner and circumstances of use of the titles "certified
public accountant," "CPA," "registered accounting practitioner," and "RAP";
rules regarding peer review that may be required to be performed under
provisions of this chapter;
rules on substantial equivalence to implement section
rules regarding the conduct of the certified public accountant examination;
rules regarding the issuance and renewals of certificates, permits, and
rules regarding transition provisions to implement this chapter;
rules specifying the educational and experience qualifications for
registration, rules of professional conduct, rules regarding peer review, rules governing
standards for providing services, and rules regarding the conduct and content of
examination for those persons registered under section
326A.06, paragraph (b)
rules regarding fees for examinations, certificate issuance and renewal,
firm permits, registrations under section
326A.06, paragraph (b)
, notifications made under
, and late processing fees; and
upon any change to this chapter, if the board determines a change in
Minnesota Rules is required, the board may initiate the expedited process under section
up to one year after the effective date of the change to this chapter.
Sec. 102. Minnesota Statutes 2014, section 326A.05, subdivision 1, is amended to read:
Subdivision 1. General.
The board shall grant or renew permits to practice as
a CPA firm to entities that make application and demonstrate their qualifications in
accordance with this section.
(a) The following must hold a permit issued under this section:
(1) any firm with an office in this state performing attest services as defined in
326A.01, subdivision 2
(2) to the extent required by section
, paragraph (k), any firm with an office
in this state performing compilation services as defined in section
326A.01, subdivision 6
(3) any firm with an office in this state that uses the title "CPA" or "CPA firm"; or
(4) any firm that does not have an office in this state but performs attest services
as described in section
326A.01, subdivision 2
, paragraph (1), (3), or (4), for a client
having its headquarters in this state.
(b) A firm possessing a valid permit from another state which does not have an office
in this state may perform services described in section
326A.01, subdivision 2
, clause (2)
, or subdivision 6, for a client having its headquarters in this state and may use the
title "CPA" or "CPA firm" without a permit issued under this section only if:
(1) it has the qualifications described in subdivision 3, paragraph (b);
(2) as a condition to the renewal of the firm's permit issued by the other state, that
state requires a peer review which contains the requirements equivalent to subdivision 8,
paragraphs (a) and (e); and
(3) it performs the services through an individual who has been granted practice
privileges under section
(c) A firm possessing a valid permit from another state that does not have an office
in this state and which is not subject to the requirements of paragraph (a), clause (4), or
(b), may perform other professional services while using the title "CPA" or "CPA firm" in
this state without a permit issued under this section only if the firm:
(1) has the qualifications described in subdivision 3, paragraph (b);
(2) performs the services through an individual who has been granted practice
privileges under section
(3) can lawfully perform the services in the state where the individuals with practice
privileges have their principal place of business.
Sec. 103. Minnesota Statutes 2014, section 326A.05, subdivision 3, is amended to read:
Subd. 3. Qualifications.
(a) An applicant for initial issuance or renewal of a permit
to practice under this section shall comply with the requirements in this subdivision.
(b) Notwithstanding chapter 319B or any other provision of law, a simple majority
of the ownership of the firm, in terms of financial interests and voting rights of all partners,
officers, shareholders, members, or managers, must belong to holders of certificates who
are licensed in some state, and the partners, officers, shareholders, members, or managers,
whose principal place of business is in this state, and who perform professional services in
this state, must hold valid certificates issued under section
or the corresponding
provision of prior law. Although firms may include nonlicensee owners, the firm and
its ownership must comply with rules adopted by the board. The firm shall register all
nonlicensee owners with the state board as set forth by rule. An individual who has been
granted practice privileges under section
and who performs services for which
a firm permit is required under section
326A.14, subdivision 1
, paragraph (d), is not
required to obtain a certificate from the board under section
(c) A CPA firm may include nonlicensee owners provided that:
(1) the firm designates a licensee of this state, or in the case of a firm that must
have a permit according to section
326A.14, subdivision 1
, paragraph (d), a licensee of
another state who meets the requirements in section
326A.14, subdivision 1
(a) or (b), who is responsible for the proper registration of the firm and identifies that
individual to the board;
(2) all nonlicensee owners are persons of good moral character and are active
individual participants in the CPA firm or affiliated entities; and
(3) the firm complies with other requirements imposed by the board in rule.
(d) An individual licensee and any individual granted practice privileges under
who is responsible for supervising attest or compilation services and
signs or authorizes someone to sign the accountant's report
on the financial statements
on behalf of the firm, shall meet the competency requirements set out in the professional
standards for such services.
(e) An individual licensee and any individual granted practice privileges under section
who signs or authorizes someone to sign the accountants' report
on the financial
on behalf of the firm shall meet the competency requirement of paragraph (d).
Sec. 104. Minnesota Statutes 2014, section 326A.10, is amended to read:
95.8326A.10 UNLAWFUL ACTS.
(a) Only a licensee and individuals who have been granted practice privileges
may issue a report on financial statements of any person, firm,
organization, or governmental unit that results from providing attest services, or offer to
render or render any attest service. Only a certified public accountant, an individual who
has been granted practice privileges under section
, a CPA firm, or, to the extent
permitted by board rule, a person registered under section
326A.06, paragraph (b)
issue a report on financial statements of any person, firm, organization, or governmental
unit that results from providing compilation services or offer to render or render any
compilation service. These restrictions do not prohibit any act of a public official or
public employee in the performance of that person's duties or prohibit the performance
by any nonlicensee of other services involving the use of accounting skills, including
the preparation of tax returns, management advisory services, and the preparation of
financial statements without the issuance of reports on them. Nonlicensees may prepare
financial statements and issue nonattest transmittals or information on them which do not
purport to be in compliance with the Statements on Standards for Accounting and Review
Services (SSARS). Nonlicensees registered under section
326A.06, paragraph (b)
to the extent permitted by board rule, prepare financial statements and issue nonattest
transmittals or information on them.
(b) Licensees and individuals who have been granted practice privileges under
performing attest or compilation services must provide those services in
accordance with professional standards. To the extent permitted by board rule, registered
accounting practitioners performing compilation services must provide those services in
accordance with standards specified in board rule.
(c) A person who does not hold a valid certificate issued under section
or a practice privilege granted under section
shall not use or assume the title
"certified public accountant," the abbreviation "CPA," or any other title, designation,
words, letters, abbreviation, sign, card, or device tending to indicate that the person is a
certified public accountant.
(d) A firm shall not provide attest services or assume or use the title "certified public
accountants," the abbreviation "CPA's," or any other title, designation, words, letters,
abbreviation, sign, card, or device tending to indicate that the firm is a CPA firm unless
(1) the firm has complied with section
, and (2) ownership of the firm is in
accordance with this chapter and rules adopted by the board.
(e) A person or firm that does not hold a valid certificate or permit issued under
or has not otherwise complied with section
as required in this chapter shall not assume or use the title "certified accountant,"
"chartered accountant," "enrolled accountant," "licensed accountant," "registered
accountant," "accredited accountant," "accounting practitioner," "public accountant,"
"licensed public accountant," or any other title or designation likely to be confused
with the title "certified public accountant," or use any of the abbreviations "CA," "LA,"
"RA," "AA," "PA," "AP," "LPA," or similar abbreviation likely to be confused with the
abbreviation "CPA." The title "enrolled agent" or "EA" may only be used by individuals
so designated by the Internal Revenue Service.
(f) Persons registered under section
326A.06, paragraph (b)
, may use the title
"registered accounting practitioner" or the abbreviation "RAP." A person who does not
hold a valid registration under section
326A.06, paragraph (b)
, shall not assume or use
such title or abbreviation.
(g) Except to the extent permitted in paragraph (a), nonlicensees may not use
language in any statement relating to the financial affairs of a person or entity that is
conventionally used by licensees in reports on financial statements or on an attest service
In this regard, the board shall issue by rule safe harbor language that nonlicensees may
use in connection with such financial information. A person or firm that does not hold a
valid certificate or permit, or a registration issued under section
96.28326A.06, paragraph (b)
, or has not otherwise complied with section
as required in this chapter shall not assume or use any title or designation that includes the
word "accountant" or "accounting" in connection with any other language, including the
language of a report, that implies that the person or firm holds such a certificate, permit,
or registration or has special competence as an accountant. A person or firm that does
not hold a valid certificate or permit issued under section
or has not
otherwise complied with section
as required in this chapter shall not
assume or use any title or designation that includes the word "auditor" in connection with
any other language, including the language of a report, that implies that the person or firm
holds such a certificate or permit or has special competence as an auditor. However,
this paragraph does not prohibit any officer, partner, member, manager, or employee of
any firm or organization from affixing that person's own signature to any statement in
reference to the financial affairs of such firm or organization with any wording designating
the position, title, or office that the person holds, nor prohibit any act of a public official or
employee in the performance of the person's duties as such.
(h)(1) No person holding a certificate or registration or firm holding a permit under
this chapter shall use a professional or firm name or designation that is misleading about
the legal form of the firm, or about the persons who are partners, officers, members,
managers, or shareholders of the firm, or about any other matter. However, names of one
or more former partners, members, managers, or shareholders may be included in the
name of a firm or its successor.
(2) A common brand name or network name part, including common initials, used
by a CPA firm in its name, is not misleading if the firm is a network firm as defined in
the American Institute of Certified Public Accountants (AICPA) Code of Professional
Conduct in effect July 1, 2011, and when offering or rendering services that require
independence under AICPA standards, the firm must comply with the AICPA code's
applicable standards on independence.
(i) Paragraphs (a) to (h) do not apply to a person or firm holding a certification,
designation, degree, or license granted in a foreign country entitling the holder to engage
in the practice of public accountancy or its equivalent in that country, if:
(1) the activities of the person or firm in this state are limited to the provision of
professional services to persons or firms who are residents of, governments of, or business
entities of the country in which the person holds the entitlement;
(2) the person or firm performs no attest or compilation services and issues no
reports with respect to the
financial statements information
of any other persons, firms, or
governmental units in this state; and
(3) the person or firm does not use in this state any title or designation other than
the one under which the person practices in the foreign country, followed by a translation
of the title or designation into English, if it is in a different language, and by the name
of the country.
(j) No holder of a certificate issued under section
may perform attest services
through any business form that does not hold a valid permit issued under section
(k) No individual licensee may issue a report in standard form upon a compilation
of financial information through any form of business that does not hold a valid permit
issued under section
, unless the report discloses the name of the business through
which the individual is issuing the report, and the individual:
(1) signs the compilation report identifying the individual as a certified public
(2) meets the competency requirement provided in applicable standards; and
(3) undergoes no less frequently than once every three years, a peer review
conducted in a manner specified by the board in rule, and the review includes verification
that the individual has met the competency requirements set out in professional standards
for such services.
(l) No person registered under section
326A.06, paragraph (b)
, may issue a report
in standard form upon a compilation of financial information unless the board by rule
permits the report and the person:
(1) signs the compilation report identifying the individual as a registered accounting
(2) meets the competency requirements in board rule; and
(3) undergoes no less frequently than once every three years a peer review conducted
in a manner specified by the board in rule, and the review includes verification that the
individual has met the competency requirements in board rule.
(m) Nothing in this section prohibits a practicing attorney or firm of attorneys from
preparing or presenting records or documents customarily prepared by an attorney or firm
of attorneys in connection with the attorney's professional work in the practice of law.
(n) The board shall adopt rules that place limitations on receipt by a licensee or a
person who holds a registration under section
, paragraph (b), of:
(1) contingent fees for professional services performed; and
(2) commissions or referral fees for recommending or referring to a client any
product or service.
(o) Anything in this section to the contrary notwithstanding, it shall not be a violation
of this section for a firm not holding a valid permit under section
and not having
an office in this state to provide its professional services in this state so long as it complies
with the applicable requirements of section
326A.05, subdivision 1
Sec. 105. Minnesota Statutes 2014, section 336A.09, subdivision 1, is amended to read:
Subdivision 1. Procedure.
and written inquiries regarding
information provided by the filing of effective financing statements or lien notices may
made at any filing office submitted to the secretary of state
during regular business
hours or, if submitted online, at any time
A filing office receiving an oral or written inquiry shall, upon request The
99.2secretary of state must, upon receiving an inquiry
an oral or facsimile a prompt
response to the inquiry.
A filing office The secretary of state
shall maintain a record of inquiries made
under this section including:
(1) the date of the inquiry;
(2) the name of the debtor inquired about; and
(3) identification of the person making the request for inquiry.
Sec. 106. Minnesota Statutes 2014, section 364.09, is amended to read:
(a) This chapter does not apply to the licensing process for peace officers; to law
enforcement agencies as defined in section
626.84, subdivision 1
, paragraph (f); to fire
protection agencies; to eligibility for a private detective or protective agent license; to the
licensing and background study process under chapters 245A and 245C; to the licensing
99.15and background investigation process under chapter 240;
to eligibility for school bus
driver endorsements; to eligibility for special transportation service endorsements; to
eligibility for a commercial driver training instructor license, which is governed by section
and rules adopted under that section; to emergency medical services personnel, or
to the licensing by political subdivisions of taxicab drivers, if the applicant for the license
has been discharged from sentence for a conviction within the ten years immediately
preceding application of a violation of any of the following:
, subdivision 2 or 3; or Minnesota Statutes 2012, section
(2) any provision of chapter 152 that is punishable by a maximum sentence of
15 years or more; or
(3) a violation of chapter 169 or 169A involving driving under the influence, leaving
the scene of an accident, or reckless or careless driving.
This chapter also shall not apply to eligibility for juvenile corrections employment, where
the offense involved child physical or sexual abuse or criminal sexual conduct.
(b) This chapter does not apply to a school district or to eligibility for a license
issued or renewed by the Board of Teaching or the commissioner of education.
(c) Nothing in this section precludes the Minnesota Police and Peace Officers
Training Board or the state fire marshal from recommending policies set forth in this
chapter to the attorney general for adoption in the attorney general's discretion to apply to
law enforcement or fire protection agencies.
(d) This chapter does not apply to a license to practice medicine that has been denied
or revoked by the Board of Medical Practice pursuant to section
147.091, subdivision 1a
(e) This chapter does not apply to any person who has been denied a license to
practice chiropractic or whose license to practice chiropractic has been revoked by the
board in accordance with section
148.10, subdivision 7
(f) This chapter does not apply to any license, registration, or permit that has
been denied or revoked by the Board of Nursing in accordance with section
(g) This chapter does not supersede a requirement under law to conduct a criminal
history background investigation or consider criminal history records in hiring for
particular types of employment.
Sec. 107. [383B.83] LIMITS ON RAILROAD CONDEMNATION POWERS
100.13OVER CERTAIN GOVERNMENTAL PROPERTY INTERESTS.
100.14Notwithstanding anything to the contrary in chapter 117, sections 222.26, 222.27,
100.15222.36, or any other law, the powers of a railroad corporation or a railroad company
100.16or a railroad interest acting as a public service corporation or a common carrier do not
100.17include the power to exercise eminent domain over a property interest owned by Hennepin
100.18County, the Hennepin County Housing and Redevelopment Authority, or the Hennepin
100.19County Regional Railroad Authority if such governmental power, by resolution of its
100.20governing board, determines based on findings that the public safety or access of first
100.21responders would be detrimentally affected by the exercise.
100.22EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 108. Minnesota Statutes 2014, section 471.6161, subdivision 8, is amended to read:
Subd. 8. School districts; group health insurance coverage.
(a) Any entity
providing group health insurance coverage to a school district must provide the school
district with school district-specific nonidentifiable aggregate claims records for the most
recent 24 months within 30 days of the request.
(b) School districts shall request proposals for group health insurance coverage as
provided in subdivision 2 from a minimum of three potential sources of coverage. One of
these requests must go to an administrator governed by chapter 43A. Entities referenced
in subdivision 1 must respond to requests for proposals received directly from a school
district. School districts that are self-insured must also follow these provisions, except
as provided in paragraph (f). School districts must make requests for proposals at least
150 days prior to the expiration of the existing contract but not more frequently than once
every 24 months. The request for proposals must include the most recently available
24 months of nonidentifiable aggregate claims data. The request for proposals must be
publicly released at or prior to its release to potential sources of coverage.
(c) School district contracts for group health insurance must not be longer than
two years unless the exclusive representative of the largest employment group and the
school district agree otherwise.
(d) All initial proposals shall be sealed upon receipt until they are all opened no less
than 90 days prior to the plan's renewal date in the presence of up to three representatives
selected by the exclusive representative of the largest group of employees. Section
, paragraph (b), applies to data in the proposals. The representatives of
the exclusive representative must maintain the data according to this classification and
are subject to the remedies and penalties under sections
for a violation
of this requirement.
(e) A school district, in consultation with the same representatives referenced in
paragraph (d), may continue to negotiate with any entity that submitted a proposal under
paragraph (d) in order to reduce costs or improve services under the proposal. Following
the negotiations any entity that submitted an initial proposal may submit a final proposal
incorporating the negotiations, which is due no less than 75 days prior to the plan's
renewal date. All the final proposals submitted must be opened at the same time in the
presence of up to three representatives selected by the exclusive representative of the
largest group of employees. Notwithstanding section
13.591, subdivision 3
, paragraph (b),
following the opening of the final proposals, all the proposals, including any made under
paragraph (d), and other data submitted in connection with the proposals are public data.
The school district may choose from any of the initial or final proposals without further
negotiations and in accordance with subdivision 5, but not sooner than 15 days after
the proposals become public data.
(f) School districts that are self-insured shall follow all of the requirements of this
section, except that:
(1) their requests for proposals may be for third-party administrator services, where
(2) these requests for proposals must be from a minimum of three different sources,
which may include both entities referenced in subdivision 1 and providers of third-party
(3) for purposes of fulfilling the requirement to request a proposal for group
insurance coverage from an administrator governed by chapter 43A, self-insured districts
are not required to include in the request for proposal the coverage to be provided;
(4) a district that is self-insured on or before the date of enactment, or that is
self-insured with more than 1,000 insured lives, or a district in which the school board
adopted a motion on or before May 14, 2014, to approve a self-insured health care plan
to be effective July 1, 2014, may, but need not, request a proposal from an administrator
governed by chapter 43A;
(5) requests for proposals must be sent to providers no less than 90 days prior to
the expiration of the existing contract; and
(6) proposals must be submitted at least 60 days prior to the plan's renewal date
and all proposals shall be opened at the same time and in the presence of the exclusive
representative, where applicable.
(g) Nothing in this section shall restrict the authority granted to school district boards
of education by section
, except that districts will not be considered self-insured for
purposes of this subdivision solely through participation in a joint powers arrangement.
(h) An entity providing group health insurance to a school district under a multiyear
contract must give notice of any rate or plan design changes applicable under the contract
at least 90 days before the effective date of any change. The notice must be given to the
school district and to the exclusive representatives of employees.
102.18(i) Notwithstanding the provisions of section 43A.316, subdivision 10, school
102.19employees and their employers insured through chapter 43A are subject to the
102.20requirements of this section.
102.21EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 109. Minnesota Statutes 2014, section 473.123, subdivision 2a, is amended to read:
Subd. 2a. Terms.
Following each apportionment of council districts, as provided
under subdivision 3a, council members must be appointed from newly drawn districts as
provided in subdivision 3a.
Each council member, other than the chair, must reside in the
102.26 council district represented. Each council district must be represented by one member of the
The terms of members
end with the term of the governor are staggered as follows:
102.28members representing even-numbered districts have terms ending the first Monday in
102.29January of the year ending in the numeral "7"; and members representing odd-numbered
102.30districts have terms ending the first Monday in January of the year ending in the numeral
102.31"5." Thereafter the term of each member is four years, with terms ending the first Monday
, except that all terms expire on the effective date of the next apportionment.
A member serves at the pleasure of the governor.
A member shall continue to serve the
member's district until a successor is appointed and qualified; except that, following each
apportionment, the member shall continue to serve at large until the governor appoints 16
council members, one from each of the newly drawn council districts as provided under
subdivision 3a, to serve terms as provided under this section. The appointment to the
council must be made by the first Monday in March of the year in which the term ends.
103.4EFFECTIVE DATE; APPLICATION.This section is effective the day following
103.5final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
103.6Scott, and Washington.
Sec. 110. Minnesota Statutes 2014, section 473.123, subdivision 3, is amended to read:
Subd. 3. Membership; appointment; qualifications.
(a) Sixteen members must be
appointed by the governor from districts defined by this section. Each council member
must reside in the council district represented. Each council district must be represented
by one member of the council. Each Metropolitan Council member must be an elected city
103.12council member or mayor, or county commissioner. A Metropolitan Council member's
103.13office becomes vacant if the person appointed to that position ceases to be an elected city
103.14council member or mayor, or county commissioner.
(b) In addition to the notice required by section
15.0597, subdivision 4
, notice of
vacancies and expiration of terms must be published in newspapers of general circulation
in the metropolitan area and the appropriate districts. The governing bodies of the statutory
and home rule charter cities, counties, and towns having territory in the district for which
a member is to be appointed must be notified in writing. The notices must describe the
appointments process and invite participation and recommendations on the appointment.
The governor shall create a nominating committee, composed A committee
seven metropolitan citizens
appointed by the governor, to shall
nominate persons for
appointment to the council from districts. Three of the committee members must be local
elected officials appointed by the Association of Metropolitan Municipalities, one must be a
103.25county commissioner appointed by the Association of Minnesota Counties, and three must
103.26be appointed by the governor
. Following the submission of applications as provided under
15.0597, subdivision 5
, the nominating committee shall conduct public meetings,
after appropriate notice, to accept statements from or on behalf of persons who have applied
or been nominated for appointment and to allow consultation with and secure the advice
of the public and local elected officials. The committee shall hold the meeting on each
appointment in the district or in a reasonably convenient and accessible location in the part
of the metropolitan area in which the district is located. The committee may consolidate
meetings. Following the meetings, the committee shall submit to the governor a list of
nominees for each appointment. The governor is not required to appoint from the list.
(d) Before making an appointment, the governor shall consult with all members of
the legislature from the council district for which the member is to be appointed.
(e) Appointments to the council are subject to the advice and consent of the senate as
provided in section
(f) Members of the council must be appointed to reflect fairly the various
demographic, political, and other interests in the metropolitan area and the districts.
(g) Members of the council must be persons knowledgeable about urban and
(h) Any vacancy in the office of a council member shall immediately be filled
for the unexpired term. In filling a vacancy, the governor may forgo the requirements
of paragraph (c) if the governor has made appointments in full compliance with the
requirements of this subdivision within the preceding 12 months.
104.13EFFECTIVE DATE; APPLICATION.This section is effective the day following
104.14final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
104.15Scott, and Washington.
Sec. 111. Minnesota Statutes 2014, section 473.123, subdivision 4, is amended to read:
Subd. 4. Chair; appointment, officers, selection; duties and compensation.
The chair of the Metropolitan Council shall be
104.19members of the council
as the 17th voting member thereof by and with the advice and
consent of the senate to serve at the pleasure of the
to represent the
metropolitan area at large. Senate confirmation shall be as provided by section
The chair of the Metropolitan Council shall, if present, preside at meetings of the
council, have the primary responsibility for meeting with local elected officials, serve as
the principal legislative liaison, present to the governor and the legislature, after council
approval, the council's plans for regional governance and operations, serve as the principal
spokesperson of the council, and perform other duties assigned by the council or by law.
(b) The Metropolitan Council shall elect other officers as it deems necessary for
the conduct of its affairs for a one-year term. A secretary and treasurer need not be
members of the Metropolitan Council. Meeting times and places shall be fixed by the
Metropolitan Council and special meetings may be called by a majority of the members
of the Metropolitan Council or by the chair. The chair and each Metropolitan Council
member shall be reimbursed for actual and necessary expenses.
(c) Each member of the council shall attend and participate in council meetings
and meet regularly with local elected officials and legislative members from the council
member's district. Each council member shall serve on at least one division committee for
transportation, environment, or community development.
(d) In the performance of its duties the Metropolitan Council may adopt policies
and procedures governing its operation, establish committees, and, when specifically
authorized by law, make appointments to other governmental agencies and districts.
105.6EFFECTIVE DATE; APPLICATION.This section is effective the day following
105.7final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
105.8Scott, and Washington. The term of the chair of the Metropolitan Council serving on the
105.9effective date of this section ends on that date, but the chair may continue serving until
105.10a new chair is elected by the council under this section.
Sec. 112. Minnesota Statutes 2014, section 473J.07, subdivision 3, is amended to read:
Subd. 3. Compensation.
The authority may compensate its members
, other than the
as provided in section
The chair shall receive, unless otherwise provided
105.14 by other law, a salary in an amount fixed by the authority, and shall be reimbursed for
105.15 reasonable expenses to the same extent as a member No members of the authority receive
Sec. 113. Laws 2013, chapter 142, article 1, section 10, is amended to read:
|Sec. 10. OFFICE OF
TECHNOLOGY MN.IT SERVICES
During the biennium ending June 30, 2015,
the Office of
Enterprise Technology MN.IT
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.
The commissioner of Minnesota 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
16A.671, subdivision 3
paragraph (a), to the Office of
106.6 Technology MN.IT Services
for the purpose
of managing revenue and expenditure
differences during the initial phases of IT
consolidation. These funds shall be repaid
with interest by
June 30, 2015 the end of the
106.11fiscal year 2015 closing period
106.12EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 114. Laws 2015, chapter 3, section 4, is amended to read:
Sec. 4. AGENCY HEAD SALARY FREEZE.
Notwithstanding Minnesota Statutes, section
15A.0815, subdivisions 1
and 5, the
salary rate for positions listed in Minnesota Statutes, section
, for positions
appointed by the governor, may not be set at a salary rate in excess of the previous
calendar year. The salary of the chair of the Metropolitan Council is $61,414, unless
106.19changed under the process in Minnesota Statutes, section 15A.0815, subdivision 5.
106.20EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 115. LIMIT ON AGENCY HEAD SALARY INCREASE.
106.22The percentage increase in salary granted to an agency head listed in Minnesota
106.23Statutes, section 15A.0815, who is appointed by the governor may not exceed the lesser
106.24of: (1) the percentage increase in Minnesota median household income, as determined by
106.25the American Community Survey compiled by the United States Bureau of the Census, for
106.26the most recent 12-month period for which data is available; or (2) the percentage increase
106.27in the consumer price index, as determined by the United States Bureau of Economic
106.28Analysis, for the most recent 12-month period for which data is available.
106.29EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 116. LEGISLATIVE SURROGACY COMMISSION.
106.31 Subdivision 1. Membership. The Legislative Commission on Surrogacy shall
106.32consist of 15 members, appointed as follows:
107.1(1) three members of the senate appointed by the senate majority leader;
107.2(2) three members of the senate appointed by the senate minority leader;
107.3(3) three members of the house of representatives appointed by the speaker of the
107.4house of representatives;
107.5(4) three members of the house of representatives appointed by the house of
107.6representatives minority leader;
107.7(5) the commissioner of human services or the commissioner's designee;
107.8(6) the commissioner of health or the commissioner's designee; and
107.9(7) a family court referee appointed by the chief justice of the state Supreme Court.
107.10Appointments must be made by June 1, 2015.
107.11 Subd. 2. Chair. The commission shall elect a chair from among its members.
107.12 Subd. 3. Meetings. The ranking majority member of the commission who is
107.13appointed by the senate majority leader shall convene the first meeting by July 1, 2015.
107.14The commission shall have at least six meetings but may not have more than ten meetings.
107.15 Subd. 4. Conflict of interest. A commission member may not participate in or
107.16vote on a decision of the commission in which the member has either a direct or indirect
107.17personal financial interest. A witness at a public meeting of the commission must disclose
107.18any financial conflict of interest.
107.19 Subd. 5. Duties. The commission shall develop recommendations on public policy
107.20and laws regarding surrogacy. To develop the recommendations, the commission shall
107.21study surrogacy through public hearings, research, and deliberation. Topics for study
107.22include, but are not limited to:
107.23(1) potential health and psychological effects and benefits on women who serve
107.25(2) potential health and psychological effects and benefits on children born of
107.27(3) business practices of the fertility industry, including attorneys, brokers, and
107.29(4) considerations related to different forms of surrogacy;
107.30(5) considerations related to the potential exploitation of women in surrogacy
107.32(6) contract law implications when a surrogacy contract is breached;
107.33(7) potential conflicts with statutes governing private adoption and termination
107.34of parental rights;
108.1(8) potential for legal conflicts related to third-party reproduction, including conflicts
108.2between or amongst the surrogate mother, the intended parents, the child, insurance
108.3companies, and medical professionals;
108.4(9) public policy determinations of other jurisdictions with regard to surrogacy; and
108.5(10) information to be provided to a child born of a surrogate about the child's
108.6biological and gestational parents.
108.7 Subd. 6. Reporting. The commission must submit a report including its
108.8recommendations and may draft legislation to implement its recommendations to the chairs
108.9and ranking minority members of the legislative committees with primary jurisdiction
108.10over health and judiciary in the house and senate by December 15, 2015. On topics where
108.11the commission fails to reach consensus, a majority and minority report shall be issued.
108.12 Subd. 7. Staffing. The Legislative Coordinating Commission shall provide staffing
108.13and administrative support to the commission.
108.14 Subd. 8. Expiration. The commission expires the day after submitting the report
108.15required under subdivision 6.
108.16EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 117. SOCCER STADIUM.
108.18No state funds may be appropriated or tax expenditures used to fund the construction
108.19of a new major league soccer stadium. The state may not incur debt of the state to fund
108.20construction of a new major league soccer stadium.
Sec. 118. LIMIT ON INCREASE IN MANAGERIAL COMPENSATION.
108.22During the biennium ending June 30, 2017, an employee covered by the managerial
108.23plan in Minnesota Statutes, section 43A.18, subdivision 3, may not be granted a
108.24percentage increase in annual salary that exceeds the lesser of: (1) the percentage increase
108.25in Minnesota median household income, as determined by the American Community
108.26Survey compiled by the United States Bureau of the Census, for the most recent 12-month
108.27period for which data is available; or (2) the percentage increase in the consumer price
108.28index, as determined by the United States Bureau of Economic Analysis, for the most
108.29recent 12-month period for which data is available.
Sec. 119. LIMIT ON EXPENDITURES FOR ADVERTISING.
108.31During the biennium ending June 30, 2017, an executive branch agency's spending
108.32on advertising and promotions may not exceed 90 percent of the amount the agency
108.33spent on advertising and promotions during the biennium ending June 30, 2015. The
109.1commissioner of management and budget must ensure compliance with this limit, and
109.2may issue guidelines and policies to executive agencies. The commissioner may forbid
109.3an agency from engaging in advertising as the commissioner determines is necessary to
109.4ensure compliance with this section. This section does not apply to the Minnesota Lottery
109.5or Explore Minnesota Tourism. Spending during the biennium ending June 30, 2017, on
109.6advertising relating to a declared emergency, an emergency, or a disaster, as those terms
109.7are defined in Minnesota Statutes, section 12.03, is excluded for purposes of this section.
Sec. 120. PARKING RAMP FINANCING.
109.9The debt service on the design and construction costs allocated to the parking garage
109.10located on the block bounded by Sherburne Avenue on the north, Park Street on the west,
109.11University Avenue on the south, and North Capitol Boulevard on the east must be paid
109.12for exclusively by fees charged to persons parking in that parking garage. No fees may
109.13be charged to members of the public parking in spaces designated for persons with a
109.14disability parking certificate.
Sec. 121. METROPOLITAN COUNCIL APPOINTMENTS; IMMEDIATE
109.16TRANSITION TO STAGGERED TERMS.
109.17For members serving on the Metropolitan Council on the effective date of this
109.18section, other than the chair, members representing even-numbered districts shall serve
109.19terms ending the first Monday in January 2019, and members representing odd-numbered
109.20districts shall serve terms ending the first Monday in January 2017. Thereafter the term of
109.21each member is four years, with terms ending the first Monday in January.
109.22EFFECTIVE DATE; APPLICATION.This section is effective the day following
109.23final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
109.24Scott, and Washington.
Sec. 122. REPORT ON AGENCY CHIEF INFORMATION OFFICERS.
109.26The chief information officer of MN.IT must report to the legislature by January 15,
109.272016, on reduction in the number of chief information officers (CIOs) in state agencies.
109.28The report must include the number of CIOs on July 1, 2015, the number on January
109.2915, 2016, and plans to reduce that number.
Sec. 123. TRANSITION.
109.31(a) Members of an ethnic council specified in new Minnesota Statutes, section
109.3215.0145, on July 1, 2015, continue to serve on the council until the end of their current
110.1term. However, if a member of a council has served eight years or more on the council
110.2at any time before December 31, 2015, the term of that member expires December 31,
110.32015. If a council has more members on July 1, 2015, than is provided for by Minnesota
110.4Statutes, section 15.0145, positions on the council shall not be filled until the expiration of
110.5a term results in fewer members on the council than provided for in Minnesota Statutes,
110.6section 15.0145. Membership qualifications newly specified in Minnesota Statutes, section
110.715.0145, must be complied with as soon as possible when terms of current members expire.
110.8(b) The Legislative Coordinating Commission must appoint an executive director
110.9for each council no later than November 15, 2015. An incumbent executive director of a
110.10council may apply to be appointed by the Legislative Coordinating Commission but, if
110.11not selected, the employment of the incumbent ends when the Legislative Coordinating
110.12Commission appoints a new executive director, or on another date determined by the
110.13Legislative Coordinating Commission. Other council staff are transferred to employment
110.14with the reformulated councils specified in Minnesota Statutes, section 15.0145.
Sec. 124. REVISOR'S INSTRUCTION.
110.16(a) The revisor of statutes shall renumber the subdivisions in Minnesota Statutes,
110.17section 240.01, to put the definitions contained in that section in alphabetical order.
110.18(b) The revisor of statutes shall correct any cross-references in Minnesota Statutes
110.19and Minnesota Rules as a result of the renumbering in paragraph (a).
110.20(c) In the next and subsequent edition of Minnesota Statutes, the Revisor of Statutes
110.21shall substitute a reference to section 6.481 for each reference to section 6.48.
Sec. 125. REVISOR INSTRUCTION.
110.23(a) In the next and subsequent editions of Minnesota Statutes, the revisor of statutes
110.24shall substitute the names of councils as follows in each place where the names occur:
110.25(1) Minnesota African Heritage Council, in place of Council on Black Minnesotans;
110.27(2) Minnesota Council on Latino Affairs, in place of Council on Affairs of
110.29(b) The revisor of statutes shall change cross-references to sections 3.9223, 3.9225,
110.30and 3.9226, with Minnesota Statutes, section 15.0145, and make changes necessary to
110.31correct punctuation, grammar, or sentence structure.
Sec. 126. REPEALER.
111.1(a) Minnesota Statutes 2014, sections 10A.25, subdivisions 1, 2, 2a, 3, 3a, 5, and 10;
111.210A.255, subdivisions 1 and 3; 10A.27, subdivision 11; 10A.30; 10A.31, subdivisions 1,
111.33, 3a, 4, 5, 5a, 6, 6a, 7, 7a, 10, 10a, 10b, and 11; 10A.315; 10A.321; 10A.322, subdivisions
111.41 and 2; 10A.323; and 10A.324, subdivisions 1 and 3, and Minnesota Rules, parts
111.54503.1400, subparts 2, 3, 5, 6, 7, 8, and 9; and 4503.1450, are repealed. This paragraph
111.6is effective July 1, 2015, and applies to elections held on or after that date. Amounts
111.7designated under section 10A.31 on income tax and property tax refund returns filed after
111.8June 30, 2015, are not effective and remain in the general fund.
111.9(b) Minnesota Statutes 2014, sections 3.886; 6.48; 349A.07, subdivision 6; and
111.10375.23, are repealed.
111.11(c) Minnesota Statutes 2014, section 240.01, subdivisions 12 and 23, are repealed.
111.12(d) Minnesota Statutes 2014, sections 3.9223; 3.9225; and 3.9226, subdivisions 1,
111.132, 3, 4, 5, 6, and 7, are repealed.