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Minnesota Legislature

Office of the Revisor of Statutes

SF 621

2nd Engrossment - 91st Legislature (2019 - 2020) Posted on 03/21/2019 03:37pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 2nd Engrossment

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A bill for an act
relating to transportation; appropriating money for certain reimbursements to
deputy registrars.

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

Section 1. new text beginDEPUTY REGISTRAR REIMBURSEMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Appropriation. new text end

new text begin (a) $13,000,000 in fiscal year 2019 is appropriated from
the general fund to the commissioner of management and budget for reimbursement grants
to deputy registrars as provided in this section. This is a onetime appropriation and is
available until July 15, 2019.
new text end

new text begin (b) The commissioner must use existing resources to administer the reimbursements.
new text end

new text begin Subd. 2. new text end

new text begin Eligibility. new text end

new text begin A deputy registrar office operated by the state is not eligible to
receive funds under this section.
new text end

new text begin Subd. 3. new text end

new text begin Grant calculation. new text end

new text begin (a) The reimbursement grant to each deputy registrar, as
identified by the Driver and Vehicle Services-designated office location number, is calculated
as follows:
new text end

new text begin (1) ten percent of available funds allocated equally among all deputy registrars;
new text end

new text begin (2) 45 percent of available funds allocated proportionally based on (i) the number of
transactions where a filing fee under Minnesota Statutes, section 168.33, subdivision 7, is
retained by each deputy registrar from August 1, 2017, through December 31, 2018,
compared to (ii) the total number of transactions where a filing fee is retained by all deputy
registrars during that time period; and
new text end

new text begin (3) 45 percent of available funds allocated proportionally based on (i) the number of
transactions where a filing fee is retained by each deputy registrar from July 1, 2014, through
June 30, 2017, compared to (ii) the total number of transactions where a filing fee is retained
by all deputy registrars during that time period.
new text end

new text begin (b) For a deputy registrar appointed after July 1, 2014, the commissioner of management
and budget must identify whether a corresponding discontinued deputy registrar appointment
exists. If a corresponding discontinued deputy registrar is identified, the commissioner must
include the transactions of the discontinued deputy registrar in the calculations under
paragraph (a) for the deputy registrar appointed after July 1, 2014.
new text end

new text begin (c) For a deputy registrar appointed after July 1, 2014, to which paragraph (b) does not
apply, the commissioner of management and budget must calculate the deputy registrar's
proportional share under paragraph (a), clause (3), based on the average number of
transactions where a filing fee is retained among the deputy registrars, as calculated excluding
any deputy registrars for which this paragraph applies.
new text end

new text begin (d) In the calculations under paragraph (a), the commissioner of management and budget
must exclude transactions for a deputy registrar office operated by the state.
new text end

new text begin Subd. 4. new text end

new text begin Grant distribution. new text end

new text begin (a) Within 30 days of the enactment date of this act, the
commissioner must notify each deputy registrar of the amount of the reimbursement grant
the deputy registrar is eligible to receive under this section. In order to receive the
reimbursement grant, the deputy registrar must:
new text end

new text begin (1) request the disbursement of the reimbursement grant to the deputy registrar; and
new text end

new text begin (2) agree to release and hold harmless the state and its employees from any liability or
claim arising from the development and deployment of the Minnesota Licensing and
Registration System (MNLARS) including: (i) a claim under Minnesota Statutes, section
3.732, or (ii) any claim or action before a court or administrative agency.
new text end

new text begin (b) The request and release agreement must be submitted on a form developed by the
commissioner and must be submitted on or before June 30, 2019. The commissioner must
disburse the reimbursement grant to the deputy registrar within five business days of receiving
the request and release agreement.
new text end

new text begin (c) Any funds not disbursed after the initial grants are disbursed must not be distributed
and must cancel back to the general fund.
new text end

new text begin Subd. 5. new text end

new text begin State liability limitations. new text end

new text begin The creation or payment of reimbursement grants
under this section is not: (1) an admission of liability by the state or its employees for any
act or omission arising from the development and deployment of MNLARS; and (2)
admissible in a judicial or administrative proceeding to establish liability or a legal duty.
new text end

new text begin Subd. 6. new text end

new text begin Indemnification. new text end

new text begin (a) The state shall defend, save harmless, and indemnify any
deputy registrar acting in good faith and in their official capacity pursuant to Minnesota
Statutes, chapter 168, against any claim or demand related to transactions completed by
MNLARS or transactions that could not be completed because MNLARS lacked the
functionality to complete the transaction for: (1) reasonable expenses, (2) reasonable attorney
fees, and (3) judgments and fines. This subdivision does not apply to acts constituting willful
or wanton misconduct.
new text end

new text begin (b) The deputy registrar must cooperate with the state to the fullest extent possible in
the investigation, preparation, or defense of a claim or demand subject to paragraph (a). A
deputy registrar must notify the state as soon as possible of any potential or pending litigation
subject to paragraph (a).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin (a) Subdivisions 1 to 5 are effective the day following final
enactment.
new text end

new text begin (b) Subdivision 6 is effective the day following final enactment and applies to causes
of action arising on or after July 1, 2017, but before January 1, 2022.
new text end