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Capital IconMinnesota Legislature

SF 3975

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 04/07/2022 10:51am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to state government; specifying the performance of legal services by the
Office of the Attorney General; designating a state fossil; modifying provisions
related to the legislative budget office; precluding adoption of certain rules;
requiring amendment to certain rules; precluding enforcing unadopted rules;
establishing standard time year round beginning in 2030 if year round daylight
saving time is not allowed; modifying renewable energy requirements for
state-funded construction projects; requiring study of the a center for amateur
sports and training in Dakota County; authorizing the executive director of the
Legislative Coordinating Commission to enter contracts; modifying enabling
statute for Legislative Salary Council and Mississippi River Parkway Commission;
increasing fiscal safeguards for state grants to nonprofit organizations; modifying
Board of Cosmetologist Examiners provisions; making new rules inapplicable to
previously authorized electronic pull-tab devices, games, and systems; adding to
acceptable uses of the breeders fund; expanding eligibility for long-term equity
investment for local governments; extending the sunset date of the Capitol Area
Security Advisory Committee; authorizing separation and retention incentive
programs for employees of the Department of Iron Range Resources and
Rehabilitation; changing a reinstatement provision for certified public accountants;
repealing procedures related to the automatic revocation of certain public accountant
certificates; repealing the Candidate Advisory Commission for Minnesota State
Colleges and Universities Board of Trustees; limiting certain types of contributions
that grant; decreasing certain registration thresholds; classifying data in the
statewide voter registration system; modifying provisions related to sample ballots
and applications; prohibiting local governments from accepting certain contributions
for election expenses; modifying various provisions related to voting and absentee
voting; amending requirements on releasing vote totals; appropriating money;
requiring a report; making technical and conforming changes; amending Minnesota
Statutes 2020, sections 3.303, subdivision 6; 3.8853, subdivision 4, by adding a
subdivision; 3.98, subdivision 1; 10A.01, subdivision 10; 10A.105, subdivision
1; 10A.14, subdivision 1; 10A.20, subdivision 6; 10A.25, subdivision 2; 10A.273,
subdivision 1; 13.607, by adding a subdivision; 13.64, subdivisions 3, 4; 15A.0825,
subdivisions 1, 2, 3; 16B.32, subdivision 1a; 16B.325, subdivision 1; 16B.98,
subdivision 8; 116.07, subdivision 2, by adding a subdivision; 118A.09,
subdivisions 1, 2; 136F.02, subdivision 1; 155A.20; 155A.23, subdivisions 8, 11,
18, by adding a subdivision; 155A.25, subdivision 1a; 155A.27, subdivisions 1,
5a, 6, 7, 10, by adding a subdivision; 155A.271, subdivision 1; 155A.29,
subdivisions 1, 4; 155A.30, subdivisions 2, 3, 4, 6, 11; 161.1419, subdivision 2;
201.022, by adding a subdivision; 201.091, subdivisions 4, 4a, by adding a
subdivision; 201.121, subdivision 1; 203B.07, subdivisions 1, 2, 3; 203B.081,
subdivision 1; 203B.121, subdivision 5, by adding subdivisions; 203B.21,
subdivisions 1, 3; 203B.23, subdivision 2; 204B.32, by adding a subdivision;
204B.36, subdivision 1; 204C.19, subdivision 3; 204D.16; 206.83; 299E.04,
subdivision 5; 326A.09; 349.151, subdivision 4d; 349.1721, subdivisions 1, 2;
Minnesota Statutes 2021 Supplement, sections 203B.08, subdivision 1; 203B.082;
203B.121, subdivisions 1, 4; 203B.24, subdivision 1; 206.805, subdivision 1;
240.131, subdivision 7; Laws 2021, First Special Session chapter 12, article 1,
section 6; proposing coding for new law in Minnesota Statutes, chapters 1; 8; 14;
15; 16B; 118A; 203B; 211B; 645; repealing Minnesota Statutes 2020, sections
13.607, subdivision 6; 136F.03; 201.091, subdivision 9; 326A.04, subdivision 11;
645.071; Minnesota Rules, parts 7023.0150; 7023.0200; 7023.0250; 7023.0300.

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

ARTICLE 1

STATE GOVERNMENT APPROPRIATIONS

Section 1. STATE GOVERNMENT APPROPRIATIONS.

The sums shown in the columns marked "Appropriations" are added to or, if shown in
parentheses, subtracted from the appropriations in Laws 2021, First Special Session chapter
12, article 1, to the agencies and for the purposes specified in this article. The appropriations
are from the general fund, or another named fund, and are available for the fiscal years
indicated for each purpose. The figures "2022" and "2023" used in this article mean that
the appropriations listed under them are available for the fiscal year ending June 30, 2022,
or June 30, 2023, respectively. All base adjustments identified within this article are
adjustments to the base contained in Laws 2021, First Special Session chapter 12, article
1.

APPROPRIATIONS
Available for the Year
Ending June 30
2022
2023

Sec. 2. SECRETARY OF STATE

$
-0-
$
6,000,000

$6,000,000 in fiscal year 2023 is to make
grants to local units of government to (1) hire
temporary staff to enter voter registration
applications into the statewide voter
registration system as required under
Minnesota Statutes, section 201.121,
subdivision 1, (2) comply with livestreaming
requirements under Minnesota Statutes,
sections 203B.082, subdivision 2, and
203B.121, subdivision 7, and (3) purchase
ballot paper that conforms to the security
marking requirements in Minnesota Statutes,
section 204B.36, subdivision 1, paragraph (b).
Any amounts under this section not
encumbered by January 1, 2023, are
transferred to the voting equipment grant
account under Minnesota Statutes, section
206.95, and are available until June 30, 2024.
This is a onetime appropriation.

Sec. 3. MINNESOTA IT SERVICES

$
-0-
$
4,000,000

$4,000,000 in fiscal year 2023 is to livestream
and record election-related activity and to
retain data as required under Minnesota
Statutes, section 203B.155. The base for this
appropriation in fiscal year 2024 and each
fiscal year thereafter is $1,000,000.

Sec. 4.

Laws 2021, First Special Session chapter 12, article 1, section 6, is amended to
read:


Sec. 6. SECRETARY OF STATE

$
9,684,000
$
9,152,000

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

$1,000,000 each year is for grants to local
units of government to implement the
provisions of Minnesota Statutes, section
203B.082. This is a onetime appropriation.

ARTICLE 2

STATE GOVERNMENT OPERATIONS

Section 1.

[1.1466] STATE FOSSIL.

Subdivision 1.

Designation.

Castoroides ohioensis, commonly known as the giant
beaver, is designated as the official state fossil of the state of Minnesota.

Subd. 2.

Photograph.

A photograph of the giant beaver, approved by the commissioner
of natural resources, shall be preserved and may be displayed in the Office of the Secretary
of State.

Sec. 2.

Minnesota Statutes 2020, section 3.303, subdivision 6, is amended to read:


Subd. 6.

Grants; staff; space; equipment; contracts.

(a) The commission may make
grants, employ an executive director and other staff, and obtain office space, equipment,
and supplies necessary to perform its duties.

(b) The executive director may enter into contracts in compliance with section 3.225 to
provide necessary services and supplies for the house of representatives and the senate, and
for legislative commissions and joint legislative offices. A contract for professional or
technical services that is valued at more than $50,000 may be made only after the executive
director has received written approval from the chair and vice-chair of the commission.

Sec. 3.

Minnesota Statutes 2020, section 3.8853, subdivision 4, is amended to read:


Subd. 4.

Access to data; treatment.

Upon request of the director of the Legislative
Budget Office, the head or chief administrative officer of each department or agency of
state government, including the supreme court, must promptly supply data that are used to
used by the agency to prepare or necessary for the Legislative Budget Office to review or
prepare a fiscal note, including data that are not public data under section 13.64 or other
applicable law, unless there are federal laws or regulations that prohibit the provision of the
not public data for this purpose. Not public data supplied under this subdivision may only
be used by the Legislative Budget Office to review a department or agency's work in
preparing a fiscal note and may not be used or disseminated for any other purpose, including
use by or dissemination to a legislator or to any officer, department, agency, or committee
within the legislative branch. Violation of this subdivision by the director or other staff of
the Legislative Budget Office is cause for removal, suspension without pay, or immediate
dismissal at the direction of the oversight commission.

Sec. 4.

Minnesota Statutes 2020, section 3.8853, is amended by adding a subdivision to
read:


Subd. 4a.

Access to employees.

Upon request of the director of the Legislative Budget
Office, the head or chief administrative officer of each department or agency of state
government, including the supreme court, must permit reasonable access to employees with
subject matter expertise to assist the Legislative Budget Office prepare and review fiscal
notes or enacted legislation.

Sec. 5.

Minnesota Statutes 2020, section 3.98, subdivision 1, is amended to read:


Subdivision 1.

Preparation; duties.

(a) The head or chief administrative officer of each
department or agency of the state government, including the supreme court, shall prepare
a fiscal note consistent with the standards and procedures adopted under section 3.8853, at
the request of the chair of the standing committee to which a bill has been referred, or the
chair of the house of representatives Ways and Means Committee, or the chair of the senate
Committee on Finance, and as assigned by the director of the Legislative Budget Office.
The Legislative Budget Office may prepare a fiscal note if an agency does not comply with
this subdivision
.

(b) For purposes of this subdivision, "supreme court" includes all agencies, committees,
and commissions supervised or appointed by the state supreme court or the state court
administrator.

Sec. 6.

[8.011] PERFORMANCE OF LEGAL SERVICES.

(a) Except as otherwise provided by law, all legal services of the Office of the Attorney
General shall be performed exclusively by:

(1) an employee of the office;

(2) an employee of another Minnesota governmental entity as may be provided by law;
or

(3) an employee of a federal governmental entity pursuant to an agreement between the
attorney general and the federal governmental entity.

Except as otherwise provided under this section, the sole source of compensation paid to
employees of the Office of the Attorney General for performing legal services on behalf of
the state shall be from the appropriations provided under this chapter or from an appropriation
by law. In a case in which the attorney general is authorized under law to contract with,
hire, or engage a person other than a person described in clauses (1), (2), or (3) to perform
legal services on behalf of the state, the sole consideration for the legal services shall be a
monetary amount bargained for in an arm's length transaction with the person and the
attorney general or another Minnesota governmental entity, and must state under what
authority the attorney general enters the contract.

(b) Only persons described in paragraph (a), clause (1), (2), or (3), shall perform legal
services on premises leased by the attorney general.

(c) Nothing in this section prohibits the attorney general from entering into a settlement
agreement with a defendant arising from a case litigated or prosecuted by a federal
governmental entity, local governmental entity, or an attorney general's office in another
state or a United States territory. Nothing in this section prohibits the attorney general from
employing and providing office space to an unpaid intern assisting in performing legal
services, provided that the intern does not possess a current license to practice law in
Minnesota, any other state or commonwealth, or any United States territory.

Sec. 7.

Minnesota Statutes 2020, section 13.64, subdivision 3, is amended to read:


Subd. 3.

Unofficial fiscal note.

(a) For purposes of this subdivision, "unofficial fiscal
note" means a fiscal note requested by or on behalf of a member of the legislature on draft
language for a bill that has not been introduced. Unofficial fiscal notes are public data unless
a classification under paragraph (b) applies.

(b) This paragraph applies if a request for an unofficial fiscal note is accompanied by a
directive from the requester that the data be classified under this paragraph subdivision.
Government data on the request, the bill draft, and the unofficial fiscal note are private data
on individuals or nonpublic data, provided except that the data are accessible to, and may
be disclosed by, the requester. If the proposed bill draft used to develop the unofficial fiscal
note or an updated version is subsequently used for an introduced bill, or any legislation,
including an amendment or a proposed bill, that any member of the legislature offers for
consideration by a legislative committee
introduced as a bill, included in an introduced bill,
offered as an amendment, or otherwise distributed by the requester at a public meeting or
event, or if an unofficial fiscal note is distributed by the requester at a public meeting or
event
, the fiscal note becomes public data.

(c) An agency must not share data that is classified under this subdivision as nonpublic
data or private data on individuals with another agency without authorization from the bill
author, as obtained from the director of the Legislative Budget Office. This paragraph
supersedes any authorization to share data with the commissioner of management and budget
under section 15.08 or 16A.06, subdivision 7, or other applicable law.

Sec. 8.

Minnesota Statutes 2020, section 13.64, subdivision 4, is amended to read:


Subd. 4.

Fiscal note data must be shared with Legislative Budget Office.

A head or
chief administrative officer of a department or agency of the state government, including
the supreme court, must provide data that are used to prepare a fiscal note or for the
Legislative Budget Office to review the accuracy of fiscal notes on enacted legislation
,
including data that are not public data under this section to the director of the Legislative
Budget Office upon the director's request and consistent with section 3.8853, subdivision
4
, unless there are federal laws or regulations that prohibit the provision of the not public
data for this purpose. The data must be supplied according to any standards and procedures
adopted under section 3.8853, subdivision 3, including any standards and procedures
governing timeliness. Notwithstanding section 13.05, subdivision 9, a responsible authority
may not require the Legislative Budget Office to pay a cost for supplying data requested
under this subdivision.

Sec. 9.

[14.1271] LEGISLATIVE APPROVAL OF RULES BY REFERENCE TO
ANOTHER STATE.

A proposed rule that includes or incorporates by reference a statute or rule of another
state must be submitted to the standing committee of the house of representatives and
standing committee of the senate with jurisdiction over the subject matter of the rule at least
90 days prior to the publication of the notice of intent to adopt the rule under section 14.22,
subdivision 1a; 14.389, subdivision 2; or 14.3895, subdivision 3; publication of a dual notice
under section 14.22, subdivision 2; or publication of a notice of hearing on a proposed rule
under section 14.14. The proposed rule may not be adopted until the rule is approved by a
law enacted during the legislative session that began after or is meeting when the proposed
rule is received.

Sec. 10.

[15.0561] CONSUMER CHOICE OF FUEL; RESTRICTIONS
PROHIBITED.

(a) A state agency may not adopt rules that:

(1) restrict consumer choice in purchasing motorized equipment based on the equipment's
fuel source; or

(2) mandate retailer inventory of motorized equipment based on the equipment's fuel
source.

(b) For purposes of this section, "motorized equipment" means:

(1) tools, including but not limited to generators, lawn mowers, pressure washers, chain
saws, leaf blowers, and weed trimmers;

(2) recreational vehicles, including but not limited to golf carts, motorcycles, off-highway
vehicles, snowmobiles, and watercraft;

(3) new or used passenger automobiles;

(4) farm equipment, as defined in section 325E.061; and

(5) medium and heavy duty trucks.

Sec. 11.

Minnesota Statutes 2020, section 15A.0825, subdivision 1, is amended to read:


Subdivision 1.

Membership.

(a) The Legislative Salary Council consists of the following
members:

(1) one person, who is not a judge, from each congressional district, appointed by the
chief justice of the supreme court; and

(2) one person from each congressional district, appointed by the governor.

(b) If Minnesota has an odd number of congressional districts, the governor and the chief
justice must each appoint an at-large member, in addition to a member from each
congressional district.

(c) One-half of the members appointed by the governor and one-half of the members
appointed by the chief justice must belong to the political party that has the most members
in the legislature. One-half of the members appointed by the governor and one-half of the
members appointed by the chief justice must belong to the political party that has the second
most members in the legislature.

(d) None of the members of the council may be:

(1) a current or former legislator, or the spouse of a current legislator;

(2) a current or former lobbyist registered under Minnesota law;

(3) a current employee of the legislature;

(4) a current or former judge; or

(5) a current or former governor, lieutenant governor, attorney general, secretary of state,
or state auditor; or

(6) a current employee of an entity in the executive or judicial branch.

Sec. 12.

Minnesota Statutes 2020, section 15A.0825, subdivision 2, is amended to read:


Subd. 2.

Initial appointment; convening authority; first meeting in odd-numbered
year
.

Appointing authorities must make their initial appointments by January 2, 2017 after
the first Monday in January and before January 15 in each odd-numbered year
. The governor
shall designate one member to convene and chair the first meeting of the council. The first
meeting must be before January 15, 2017 25 of that year. At its first meeting, the council
must elect a chair from among its members. Members that reside in an even-numbered
congressional district serve a first term ending January 15, 2019. Members residing in an
odd-numbered congressional district serve a first term ending January 15, 2021.

Sec. 13.

Minnesota Statutes 2020, section 15A.0825, subdivision 3, is amended to read:


Subd. 3.

Terms.

(a) Except for initial terms and for the first term following redistricting,
a term is four years or until new appointments are made after congressional redistricting as
provided in subdivision 4. Members may serve no more than two full terms or portions of
two consecutive terms.

(b) If a member ceases to reside in the congressional district that the member resided in
at the time of appointment as a result of moving or redistricting, the appointing authority
who appointed the member must appoint a replacement who resides in the congressional
district to serve the unexpired term.

EFFECTIVE DATE.

This section is effective January 1, 2023.

Sec. 14.

Minnesota Statutes 2020, section 16B.32, subdivision 1a, is amended to read:


Subd. 1a.

Onsite energy generation from renewable sources.

A state agency that
prepares a predesign for a new building must consider meeting at least two percent of the
energy needs of the building from renewable sources located on the building site. For
purposes of this subdivision, "renewable sources" are limited to wind and the sun. The
predesign must include an explicit cost and price analysis of complying with the two-percent
requirement compared with the present and future costs of energy supplied by a public
utility from a location away from the building site and the present and future costs of
controlling carbon emissions. If the analysis concludes that the building should not meet at
least two percent of its energy needs from renewable sources located on the building site,
the analysis must provide explicit reasons why not.
The building may not receive further
state appropriations for design or construction unless at least two percent of its energy needs
are designed to be met from renewable sources, unless the commissioner finds that the
reasons given by the agency for not meeting the two-percent requirement were supported
by evidence in the record.

EFFECTIVE DATE.

This section is effective the day following final enactment and
applies to any new building project for which the predesign work is completed after the day
of enactment.

Sec. 15.

Minnesota Statutes 2020, section 16B.325, subdivision 1, is amended to read:


Subdivision 1.

Development of sustainable building guidelines.

The Department of
Administration and the Department of Commerce, with the assistance of other agencies,
shall develop sustainable building design guidelines for all new state buildings by January
15, 2003, and for all major renovations of state buildings by February 1, 2009. The primary
objectives of these guidelines are to ensure that all new state buildings, and major renovations
of state buildings, initially exceed the state energy code, as established in Minnesota Rules,
chapter 7676, by at least 30 percent. The guidelines shall not require that renewable energy
sources be located on the building site.

EFFECTIVE DATE.

This section is effective the day following final enactment and
applies to any new building project for which the predesign work is completed after the day
of enactment.

Sec. 16.

[16B.971] GRANTS TO NONPROFIT ORGANIZATIONS.

Subdivision 1.

Definitions.

(a) As used in this section, the following terms have the
meanings given.

(b) "Certified financial audit" means a review of an organization's financial statements,
fiscal policies, and control procedures by an independent third party to determine if the
statements fairly represent the organization's financial position and if organizational
procedures are in accordance with generally accepted accounting principles.

(c) "Fiscal agent" means the commissioner or head of the state agency responsible for
administering a grant.

(d) "Grant" means a grant of state money from any source.

(e) "Organization" means a nongovernmental organization that is tax exempt under the
Internal Revenue Code.

Subd. 2.

Requirements for eligibility.

(a) For an organization to be eligible to receive
a grant, the organization must meet the following criteria:

(1) the organization must submit to the fiscal agent the relevant series Internal Revenue
Service Form 990 in each of the two years preceding the execution of a grant agreement;

(2) the organization must not compensate an officer or employee in an amount greater
than the governor's annual compensation in a 12-month period during the first fiscal year
beginning, during, or after the 12-month period or in the following fiscal year. Compensation
for purposes of this section includes salary, bonuses, the present value of stock options, the
value of employment benefits, employer contributions to retirement or deferred compensation
plans on behalf of the officer or employee, and any other compensation or benefit of value;
and

(3) the organization must not have on its governing board a voting member who is:

(i) an employee of a state agency; or

(ii) an official elected to serve in a state, county, or local government office.

Subd. 3.

Additional eligibility requirements for certain nonprofit organizations.

For
an organization that received more than 50 percent of revenue from state funds in the fiscal
year preceding the organization's grant application to be eligible to receive a grant, the
organization must meet the following criteria:

(1) the organization must submit to the fiscal agent certified financial audits of the most
recent two fiscal years preceding the grant application; and

(2) officers and members of the governing board of the organization must not have been
convicted of any offense involving theft, fraud, embezzlement, or other misuse or
misappropriation of funds or property. The commissioner of administration must conduct
background checks on officers and members of the governing body of the organization
before an agency may enter into a grant agreement with the organization.

Subd. 4.

Notice to legislature of ineligibility.

If a grant has been awarded by law to a
specified organization that the commissioner determines is ineligible to receive the grant
under subdivision 2 or 3, the commissioner must promptly report that determination to the
chair of the committee on finance in the senate and the chair of the committee on ways and
means in the house of representatives.

Subd. 5.

Grant application.

(a) A fiscal agent administering a grant program must
require the following information as part of a grant application:

(1) the purpose of the grant, including goals, priorities, and measurable outcomes;

(2) eligibility requirements for individuals who will be served by the grant program;

(3) the proposed geographic service areas for individuals served by the grant;

(4) the reporting requirements; and

(5) certification that the applicant is eligible under subdivisions 2 and 3 to receive a
grant.

These requirements are in addition to any requirements under existing laws and policies.

(b) An organization that is specifically identified in law to receive a grant must provide
the information in paragraph (a) to the commissioner of the fiscal agent for the grant before
the commissioner may execute the grant agreement.

Subd. 6.

Reporting on use of funds.

(a) Organizations must provide the following
information to the fiscal agent:

(1) a detailed accounting of the use of any grant proceeds;

(2) a description of program outcomes to date, including performance measured against
indicators specified in the grant agreement, including but not limited to job creation,
employment activity, wage information, business formation or expansion, and academic
performance; and

(3) the portion of the grant, if any, spent on the recipient's operating expenses.

Grant recipients must report the information required under this paragraph to the fiscal agent
within one year after receiving any portion of the grant, and annually thereafter, and within
30 days following the use of all funds provided under the grant.

(b) The fiscal agent for a grant to an organization must submit a report containing the
information provided by the grant recipients to the chairs and ranking minority members
of the legislative committees and budget divisions with jurisdiction over the agency serving
as fiscal agent for the grant. The report submitted under this section must also include the
commissioner's summary of the use of grant proceeds and an analysis of the grant recipients'
success in meeting the goals, priorities, and measurable outcomes specified for the grant.
An updated version of this report must be submitted on January 15 of each succeeding year
until January 15 in the year following the date when all of the grant funds have been spent.

Subd. 7.

Notice to legislature of fraud or abuse claims.

If the commissioner of
administration or the Department of Administration Office of Grants Management receives
a comment or concern about fraud or waste for a grant made by law to a specified
organization, the commissioner must promptly report the comment or concern to the chair
of the committee on finance in the senate and the chair of the committee on ways and means
in the house of representatives.

EFFECTIVE DATE.

This section is effective the day following final enactment and
applies to grants appropriated by law after the effective date and to grant agreements executed
after the effective date.

Sec. 17.

Minnesota Statutes 2020, section 16B.98, subdivision 8, is amended to read:


Subd. 8.

Audit.

(a) A grant agreement made by an executive agency must include an
audit clause that provides:

(1) that the books, records, documents, and accounting procedures and practices of the
grantee receiving a grant of more than $500,000 are subject to examination by the granting
agency and either the legislative auditor or the state auditor, as appropriate, for a period of
two years prior to the execution of the grant agreement for a grant and during the term of
the grant agreement; and

(2) that the books, records, documents, and accounting procedures and practices of the
grantee or other party that are relevant to the grant or transaction are subject to examination
by the granting agency and either the legislative auditor or the state auditor, as appropriate,
for a minimum of six years from the grant agreement end date, receipt and approval of all
final reports, or the required period of time to satisfy all state and program retention
requirements, whichever is later. If a grant agreement does not include an express audit
clause, the audit authority under this subdivision is implied.

(b) If a grant agreement does not include an express audit clause, the audit authority
under this subdivision is implied.

(b) (c) If the granting agency is a local unit of government, and the governing body of
the local unit of government requests that the state auditor examine the books, records,
documents, and accounting procedures and practices of the grantee or other party according
to this subdivision, the granting agency shall be liable for the cost of the examination. If
the granting agency is a local unit of government, and the grantee or other party requests
that the state auditor examine all books, records, documents, and accounting procedures
and practices related to the grant, the grantee or other party that requested the examination
shall be liable for the cost of the examination.

EFFECTIVE DATE.

This section is effective the day following final enactment and
applies to grants appropriated by law after the effective date and to grant agreements executed
after the effective date.

Sec. 18.

Minnesota Statutes 2020, section 116.07, subdivision 2, is amended to read:


Subd. 2.

Adopting standards.

(a) The Pollution Control Agency shall improve air
quality by promoting, in the most practicable way possible, the use of energy sources and
waste disposal methods which produce or emit the least air contaminants consistent with
the agency's overall goal of reducing all forms of pollution. The agency shall also adopt
standards of air quality, not including maximum allowable standards of emission of air
contaminants from motor vehicles, recognizing that due to variable factors, no single standard
of purity of air is applicable to all areas of the state. In adopting standards the Pollution
Control Agency shall give due recognition to the fact that the quantity or characteristics of
air contaminants or the duration of their presence in the atmosphere, which may cause air
pollution in one area of the state, may cause less or not cause any air pollution in another
area of the state, and it shall take into consideration in this connection such factors, including
others which it may deem proper, as existing physical conditions, zoning classifications,
topography, prevailing wind directions and velocities, and the fact that a standard of air
quality which may be proper as to an essentially residential area of the state, may not be
proper as to a highly developed industrial area of the state. Such standards of air quality
shall be premised upon scientific knowledge of causes as well as effects based on technically
substantiated criteria and commonly accepted practices. No local government unit shall set
standards of air quality which are more stringent than those set by the Pollution Control
Agency.

(b) The Pollution Control Agency shall promote solid waste disposal control by
encouraging the updating of collection systems, elimination of open dumps, and
improvements in incinerator practices. The agency shall also adopt standards for the control
of the collection, transportation, storage, processing, and disposal of solid waste and sewage
sludge for the prevention and abatement of water, air, and land pollution, recognizing that
due to variable factors, no single standard of control is applicable to all areas of the state.
In adopting standards, the Pollution Control Agency shall give due recognition to the fact
that elements of control which may be reasonable and proper in densely populated areas of
the state may be unreasonable and improper in sparsely populated or remote areas of the
state, and it shall take into consideration in this connection such factors, including others
which it may deem proper, as existing physical conditions, topography, soils and geology,
climate, transportation, and land use. Such standards of control shall be premised on technical
criteria and commonly accepted practices.

(c) The Pollution Control Agency shall also adopt standards describing the maximum
levels of noise in terms of sound pressure level which may occur in the outdoor atmosphere,
recognizing that due to variable factors no single standard of sound pressure is applicable
to all areas of the state. Such standards shall give due consideration to such factors as the
intensity of noises, the types of noises, the frequency with which noises recur, the time
period for which noises continue, the times of day during which noises occur, and such
other factors as could affect the extent to which noises may be injurious to human health
or welfare, animal or plant life, or property, or could interfere unreasonably with the
enjoyment of life or property. In adopting standards, the Pollution Control Agency shall
give due recognition to the fact that the quantity or characteristics of noise or the duration
of its presence in the outdoor atmosphere, which may cause noise pollution in one area of
the state, may cause less or not cause any noise pollution in another area of the state, and
it shall take into consideration in this connection such factors, including others which it
may deem proper, as existing physical conditions, zoning classifications, topography,
meteorological conditions and the fact that a standard which may be proper in an essentially
residential area of the state, may not be proper as to a highly developed industrial area of
the state. Such noise standards shall be premised upon scientific knowledge as well as effects
based on technically substantiated criteria and commonly accepted practices. No local
governing unit shall set standards describing the maximum levels of sound pressure which
are more stringent than those set by the Pollution Control Agency.

(d) The Pollution Control Agency shall adopt standards for the identification of hazardous
waste and for the management, identification, labeling, classification, storage, collection,
transportation, processing, and disposal of hazardous waste, recognizing that due to variable
factors, a single standard of hazardous waste control may not be applicable to all areas of
the state. In adopting standards, the Pollution Control Agency shall recognize that elements
of control which may be reasonable and proper in densely populated areas of the state may
be unreasonable and improper in sparsely populated or remote areas of the state. The agency
shall consider existing physical conditions, topography, soils, and geology, climate,
transportation and land use. Standards of hazardous waste control shall be premised on
technical knowledge, and commonly accepted practices. Hazardous waste generator licenses
may be issued for a term not to exceed five years. No local government unit shall set
standards of hazardous waste control which are in conflict or inconsistent with those set by
the Pollution Control Agency.

(e) A person who generates less than 100 kilograms of hazardous waste per month is
exempt from the following agency hazardous waste rules:

(1) rules relating to transportation, manifesting, storage, and labeling for photographic
fixer and x-ray negative wastes that are hazardous solely because of silver content; and

(2) any rule requiring the generator to send to the agency or commissioner a copy of
each manifest for the transportation of hazardous waste for off-site treatment, storage, or
disposal, except that counties within the metropolitan area may require generators to provide
manifests.

Nothing in this paragraph exempts the generator from the agency's rules relating to on-site
accumulation or outdoor storage. A political subdivision or other local unit of government
may not adopt management requirements that are more restrictive than this paragraph.

(f) In any rulemaking proceeding under chapter 14 to adopt standards for air quality,
solid waste, or hazardous waste under this chapter, or standards for water quality under
chapter 115, the statement of need and reasonableness must include:

(1) an assessment of any differences between the proposed rule and:

(i) existing federal standards adopted under the Clean Air Act, United States Code, title
42, section 7412(b)(2); the Clean Water Act, United States Code, title 33, sections 1312(a)
and 1313(c)(4); and the Resource Conservation and Recovery Act, United States Code, title
42, section 6921(b)(1);

(ii) similar standards in states bordering Minnesota; and

(iii) similar standards in states within the Environmental Protection Agency Region 5;
and

(2) a specific analysis of the need and reasonableness of each difference.

Sec. 19.

Minnesota Statutes 2020, section 116.07, is amended by adding a subdivision to
read:


Subd. 13.

Unadopted rules.

The commissioner of the Pollution Control Agency must
not enforce or attempt to enforce an unadopted rule. For purposes of this subdivision,
"unadopted rule" means a guideline, bulletin, criterion, manual standard, interpretive
statement, policy plan, or similar pronouncement if the guideline, bulletin, criterion, manual
standard, interpretive statement, policy plan, or similar pronouncement has not been adopted
according to the rulemaking process provided under chapter 14. If an unadopted rule is
challenged under section 14.381, the commissioner must cease enforcement of the unadopted
rule and overcome a presumption that the unadopted rule must be adopted according to the
rulemaking process provided under chapter 14.

Sec. 20.

Minnesota Statutes 2020, section 118A.09, subdivision 1, is amended to read:


Subdivision 1.

Definition; qualifying government.

"Qualifying government" means:

(1) a county or statutory or home rule charter city with a population of more than 100,000;

(2) a county or statutory or home rule charter city which had its most recently issued
general obligation bonds rated in the highest category by a national bond rating agency

whose most recent long-term, senior, general obligation rating by one or more national
rating organizations in the prior 18-month period is AA or higher
; or

(3) a self-insurance pool listed in section 471.982, subdivision 3.

A county or statutory or home rule charter city with a population of 100,000 or less that is
a qualifying government, but is subsequently rated less than the highest category by a
national bond rating agency on a general obligation bond issue
does not meet the threshold
under clause (2)
, may not invest additional funds under this section but may continue to
manage funds previously invested under subdivision 2.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 21.

Minnesota Statutes 2020, section 118A.09, subdivision 2, is amended to read:


Subd. 2.

Additional investment authority.

Qualifying governments may invest the
amount described in subdivision 3:

(1) in index mutual funds based in the United States and indexed to a broad market
United States equity index, on the condition that index mutual fund investments must be
made directly with the main sales office of the fund
; or

(2) with the Minnesota State Board of Investment subject to such terms and minimum
amounts as may be adopted by the board. Index mutual fund investments must be made
directly with the main sales office of the fund.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 22.

[118A.10] SELF-INSURANCE POOLS; ADDITIONAL INVESTMENT
AUTHORITY.

Subdivision 1.

Definition.

For the purposes of this section, "qualifying government"
means a self-insurance pool formed under section 471.982.

Subd. 2.

Additional investment authority.

A qualifying government may invest in the
securities specified in section 11A.24.

Subd. 3.

Approval.

Before investing pursuant to this section, the governing body of a
qualifying government must adopt an investment policy pursuant to a resolution that includes
both of the following statements:

(1) the governing body understands that investments under this section have a risk of
loss; and

(2) the governing body understands the type of funds that are being invested and the
specific investment itself.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 23.

Minnesota Statutes 2020, section 136F.02, subdivision 1, is amended to read:


Subdivision 1.

Membership.

The board consists of 15 members appointed by the
governor, including three members who are students who have attended an institution for
at least one year and are enrolled at the time of appointment at least half time in a degree,
diploma, or certificate program in an institution governed by the board. The student members
shall include one member from a community college, one member from a state university,
and one member from a technical college. One member representing labor must be appointed
after considering the recommendations made under section 136F.045. The governor is not
bound by the recommendations. Appointments to the board are with the advice and consent
of the senate. At least one member of the board must be a resident of each congressional
district. All other members must be appointed to represent the state at large. In selecting
appointees, the governor must consider the needs of the board and the balance of the board
membership with respect to labor and business representation and; racial, gender, geographic,
and ethnic composition; and occupation and experience. In selecting appointees, the governor
must consider the needs of the board for skills relevant to the governance of the Minnesota
State Colleges and Universities and the candidate's ability to discharge the responsibilities
of the board
.

A commissioner of a state agency may not serve as a member of the board.

Sec. 24.

Minnesota Statutes 2020, section 155A.20, is amended to read:


155A.20 BOARD OF COSMETOLOGIST EXAMINERS CREATED; TERMS.

(a) A Board of Cosmetologist Examiners is established to consist of seven 11 members,
appointed by the governor as follows:

(1) two cosmetologists, one of whom is recommended by a professional association of
cosmetologists, nail technicians, and estheticians;

(2) two school instructors, one of whom is teaching at a public cosmetology school in
the state and one of whom is teaching at a private cosmetology school in the state;

(3) one esthetician;

(4) one advanced practice esthetician;

(4) (5) one nail technician; and

(6) one hair technician; and

(5) one (7) three public member members, as defined in section 214.02.

(b) All cosmetologist, esthetician, advanced practice esthetician, hair technician, and
nail technician members must be currently licensed in the field of cosmetology, advanced
practice esthiology, hair technology,
nail technology, or esthetology, esthiology in Minnesota,
have practiced in the licensed occupation for at least five years immediately prior to their
appointment, be graduates from grade 12 of high school or have equivalent education, and
have knowledge of sections 155A.21 to 155A.36 and Minnesota Rules, chapters 2105 and
2110.

(c) Membership terms, compensation of members, removal of members, the filling of
membership vacancies, and fiscal year and reporting requirements shall be as provided in
sections 214.07 to 214.09. The provision of staff, administrative services, and office space;
the review and processing of complaints; the setting of board fees; and other provisions
relating to board operations shall be as provided in chapter 214.

(d) Members appointed to fill vacancies caused by death, resignation, or removal shall
serve during the unexpired term of their predecessors.

EFFECTIVE DATE.

This section is effective January 1, 2023.

Sec. 25.

Minnesota Statutes 2020, section 155A.23, subdivision 8, is amended to read:


Subd. 8.

Manager.

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

EFFECTIVE DATE.

This section is effective January 1, 2024.

Sec. 26.

Minnesota Statutes 2020, section 155A.23, subdivision 11, is amended to read:


Subd. 11.

Instructor.

An "instructor" is any person employed by a school to prepare
and present the theoretical and practical education of cosmetology to persons who seek to
practice cosmetology. An instructor must maintain an active operator or manager's license
in the area in which the instructor holds an instructor's license.
While an instructor holds an
active instructor license, the instructor's license as an operator or a salon manager in the
same field is automatically renewed without fees with a term ending when the instructor
license expires.

EFFECTIVE DATE.

This section is effective January 1, 2024.

Sec. 27.

Minnesota Statutes 2020, section 155A.23, subdivision 18, is amended to read:


Subd. 18.

Practitioner.

A "practitioner" is any person licensed as an operator or manager
in the practice of cosmetology, esthiology, advanced practice esthiology, hair technology
services,
nail technology services, or eyelash technology services.

EFFECTIVE DATE.

This section is effective January 1, 2024.

Sec. 28.

Minnesota Statutes 2020, section 155A.23, is amended by adding a subdivision
to read:


Subd. 21.

Hair technician.

A "hair technician" is any person who, for compensation,
performs personal services for the cosmetic care of hair on the scalp. Hair technician services
include cutting hair and the application of dyes, bleach, reactive chemicals, keratin, or other
preparations to color or alter the structure of hair. A person who only performs hairstyling
as defined by subdivision 19 is not a hair technician.

EFFECTIVE DATE.

This section is effective January 1, 2024.

Sec. 29.

Minnesota Statutes 2020, section 155A.25, subdivision 1a, is amended to read:


Subd. 1a.

Schedule.

(a) The schedule for fees and penalties is as provided in this
subdivision.

(b) Three-year Four-year license fees are as follows:

(1) $195 initial practitioner, manager, or instructor license, divided as follows:

(i) $155 for each initial license; and

(ii) $40 for each initial license application fee;

(2) $115 renewal of practitioner license, divided as follows:

(i) $100 for each renewal license; and

(ii) $15 for each renewal application fee;

(3) $145 renewal of manager or instructor license, divided as follows:

(i) $130 for each renewal license; and

(ii) $15 for each renewal application fee;

(4) $350 initial salon license, divided as follows:

(i) $250 for each initial license; and

(ii) $100 for each initial license application fee;

(5) $225 renewal of salon license, divided as follows:

(i) $175 for each renewal; and

(ii) $50 for each renewal application fee;

(6) $4,000 initial school license, divided as follows:

(i) $3,000 for each initial license; and

(ii) $1,000 for each initial license application fee; and

(7) $2,500 renewal of school license, divided as follows:

(i) $2,000 for each renewal; and

(ii) $500 for each renewal application fee.

(c) Penalties may be assessed in amounts up to the following:

(1) reinspection fee, $150;

(2) manager and owner with expired practitioner found on inspection, $150 each;

(3) expired practitioner or instructor found on inspection, $200;

(4) expired salon found on inspection, $500;

(5) expired school found on inspection, $1,000;

(6) failure to display current license, $100;

(7) failure to dispose of single-use equipment, implements, or materials as provided
under section 155A.355, subdivision 1, $500;

(8) use of prohibited razor-type callus shavers, rasps, or graters under section 155A.355,
subdivision 2
, $500;

(9) performing nail or cosmetology services in esthetician salon, or performing esthetician
or cosmetology services in a nail salon, $500;

(10) owner and manager allowing an operator to work as an independent contractor,
$200;

(11) operator working as an independent contractor, $100;

(12) refusal or failure to cooperate with an inspection, $500;

(13) practitioner late renewal fee, $45; and

(14) salon or school late renewal fee, $50.

(d) Administrative fees are as follows:

(1) homebound service permit, $50 three-year four-year fee;

(2) name change, $20;

(3) certification of licensure, $30 each;

(4) duplicate license, $20;

(5) special event permit, $75 per year;

(6) $100 for each temporary military license for a cosmetologist, nail technician,
esthetician, or advanced practice esthetician one-year fee;

(7) (6) expedited initial individual license, $150;

(8) (7) expedited initial salon license, $300;

(9) (8) instructor continuing education provider approval, $150 each year; and

(10) (9) practitioner continuing education provider approval, $150 each year.

EFFECTIVE DATE.

This section is effective January 1, 2024, and applies to licenses
issued or renewed on or after that date.

Sec. 30.

Minnesota Statutes 2020, section 155A.27, subdivision 1, is amended to read:


Subdivision 1.

Licensing.

A person must hold an individual license to practice in the
state as a cosmetologist, esthetician, hair technician, nail technician, eyelash technician,
advanced practice esthetician, manager, or instructor.

EFFECTIVE DATE.

This section is effective January 1, 2024.

Sec. 31.

Minnesota Statutes 2020, section 155A.27, subdivision 5a, is amended to read:


Subd. 5a.

Temporary military license.

The board shall establish temporary licenses
for a cosmetologist, hair technician, nail technician, and esthetician in accordance with
section 197.4552. A temporary license is valid for a four-year license cycle. The board may
only issue one temporary license to an applicant.

EFFECTIVE DATE.

This section is effective January 1, 2024, and applies to licenses
issued or renewed on or after that date.

Sec. 32.

Minnesota Statutes 2020, section 155A.27, subdivision 6, is amended to read:


Subd. 6.

Duration of license.

Licensing in each classification shall be for a period of
three four years. The board may extend a licensee's operator or salon manager license when
issuing a new instructor license to the licensee so that the operator or salon manager license
expires on the same date as the instructor license.

EFFECTIVE DATE.

This section is effective January 1, 2024, and applies to licenses
issued or renewed on or after that date.

Sec. 33.

Minnesota Statutes 2020, section 155A.27, subdivision 7, is amended to read:


Subd. 7.

Renewals.

Renewal of license shall be for a period of three four years under
the conditions and process established by rule and subject to continuing education
requirements of section 155A.271.

EFFECTIVE DATE.

This section is effective January 1, 2024, and applies to licenses
issued or renewed on or after that date.

Sec. 34.

Minnesota Statutes 2020, section 155A.27, subdivision 10, is amended to read:


Subd. 10.

Nonresident licenses.

(a) A nonresident cosmetologist, hair technician, nail
technician, or esthetician, or eyelash technician may be licensed in Minnesota if the individual
has completed cosmetology school in a state or country with the same or greater school
hour requirements, has an active license in that state or country, and has passed a
board-approved theory and practice-based examination, the Minnesota-specific written
operator examination for cosmetologist, hair technician, nail technician, or esthetician, or
eyelash technician
. If a test is used to verify the qualifications of trained cosmetologists,
the test should be translated into the nonresident's native language within the limits of
available resources. Licenses shall not be issued under this subdivision for managers or
instructors.

(b) If an individual has less than the required number of school hours, the individual
must have had a current active license in another state or country for at least three four years
and have passed a board-approved theory and practice-based examination, and the
Minnesota-specific written operator examination for cosmetologist, hair technician, nail
technician, or esthetician, or eyelash technician. If a test is used to verify the qualifications
of trained cosmetologists, the test should be translated into the nonresident's native language
within the limits of available resources. Licenses must not be issued under this subdivision
for managers or instructors.

(c) Applicants claiming training and experience in a foreign country shall supply official
English-language translations of all required documents from a board-approved source.

EFFECTIVE DATE.

This section is effective January 1, 2024, and applies to licenses
issued or renewed on or after that date.

Sec. 35.

Minnesota Statutes 2020, section 155A.27, is amended by adding a subdivision
to read:


Subd. 11.

Reciprocity for barbers.

A barber who has a currently active registration
under Minnesota Statutes, chapter 154, may be granted credit, as determined by rule, toward
the required hours of study required for licensure in cosmetology or hair technology.

EFFECTIVE DATE.

This section is effective January 1, 2024.

Sec. 36.

Minnesota Statutes 2020, section 155A.271, subdivision 1, is amended to read:


Subdivision 1.

Continuing education requirements.

(a) To qualify for license renewal
under this chapter as an individual cosmetologist, hair technician, nail technician, esthetician,
advanced practice esthetician, eyelash technician, or salon manager, the applicant must
complete four hours of continuing education credits from a board-approved continuing
education provider during the three four years prior to the applicant's renewal date. One
credit hour of the requirement must include instruction pertaining to state laws and rules
governing the practice of cosmetology. Three credit hours must include instruction pertaining
to health, safety, and infection control matters consistent with the United States Department
of Labor's Occupational Safety and Health Administration standards applicable to the
practice of cosmetology, or other applicable federal health, infection control, and safety
standards, and must be regularly updated so as to incorporate newly developed standards
and accepted professional best practices. Credit hours earned are valid for three four years
and may be applied simultaneously to all individual licenses held by a licensee under this
chapter.

(b) Effective August 1, 2017, In addition to the hours of continuing education credits
required under paragraph (a), to qualify for license renewal under this chapter as an individual
cosmetologist, hair technician, nail technician, esthetician, advanced practice esthetician,
or salon manager, the applicant must also complete a four credit hour continuing education
course from a board-approved continuing education provider based on any of the following
within the licensee's scope of practice:

(1) product chemistry and chemical interaction;

(2) proper use and maintenance of machines and instruments;

(3) business management, professional ethics, and human relations; or

(4) techniques relevant to the type of license held.

Credits are valid for three four years and must be completed with a board-approved provider
of continuing education during the three four years prior to the applicant's renewal date and
may be applied simultaneously to other individual licenses held as applicable, except that
credits completed under this paragraph must not duplicate credits completed under paragraph
(a).

(c) Paragraphs (a) and (b) do not apply to an instructor license, a school manager license,
or an inactive license.

EFFECTIVE DATE.

This section is effective January 1, 2024, and applies to licenses
issued or renewed on or after that date.

Sec. 37.

Minnesota Statutes 2020, section 155A.29, subdivision 1, is amended to read:


Subdivision 1.

Licensing.

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

EFFECTIVE DATE.

This section is effective July 1, 2024.

Sec. 38.

Minnesota Statutes 2020, section 155A.29, subdivision 4, is amended to read:


Subd. 4.

Renewal.

Licenses shall be renewed every three four years by a process
established by rule.

EFFECTIVE DATE.

This section is effective January 1, 2024, and applies to licenses
issued or renewed on or after that date.

Sec. 39.

Minnesota Statutes 2020, section 155A.30, subdivision 2, is amended to read:


Subd. 2.

Standards.

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

EFFECTIVE DATE.

This section is effective January 1, 2024.

Sec. 40.

Minnesota Statutes 2020, section 155A.30, subdivision 3, is amended to read:


Subd. 3.

Applications.

Application for a license shall be prepared on forms furnished
by the board and shall contain the following and such other information as may be required:

(1) the name of the school, together with ownership and controlling officers, members,
and managing employees;

(2) the specific fields of instruction which will be offered and reconciliation of the course
content and length to meet the minimum standards, as prescribed in subdivision 2;

(3) the place or places where instruction will be given;

(4) a listing of the equipment available for instruction in each course offered;

(5) the maximum enrollment to be accommodated;

(6) a listing of instructors, all of whom shall be licensed as provided in section 155A.27,
subdivision 2
, except that any school may use occasional instructors or lecturers who would
add to the general or specialized knowledge of the students but who need not be licensed;

(7) a current balance sheet, income statement or documentation to show sufficient
financial worth and responsibility to properly conduct a school and to assure financial
resources ample to meet the school's financial obligations;

(8) other financial guarantees which would assure protection of the public as determined
by rule; and

(9) a copy of all written material which the school uses to solicit prospective students,
including but not limited to a tuition and fee schedule, and all catalogues, brochures and
other recruitment advertisements. Each school shall annually, on a date determined by the
board, file with the board any new or amended materials which it has distributed during the
past year.
written materials that the school will use for prospective student enrollment,
including the enrollment contract, student handbook, and tuition and fee information.

EFFECTIVE DATE.

This section is effective January 1, 2024.

Sec. 41.

Minnesota Statutes 2020, section 155A.30, subdivision 4, is amended to read:


Subd. 4.

Verification of application.

Each application shall be signed and certified to
under oath by the proprietor if the applicant is a proprietorship, by the managing partner if
the applicant is a partnership, or by the authorized officers of the applicant if the applicant
is a corporation, association, company, firm, society or trust. the school administrator. For
purposes of this section, "school administrator" means the proprietor, if the applicant is a
proprietorship; the managing partner, if the applicant is a partnership; the authorized officers,
if the applicant is a corporation, association, company, firm, society, or trust; or, the dean,
principal, or other authorized signatory, if the applicant is a school in the Minnesota State
Colleges and Universities system or a secondary school.

EFFECTIVE DATE.

This section is effective January 1, 2024.

Sec. 42.

Minnesota Statutes 2020, section 155A.30, subdivision 6, is amended to read:


Subd. 6.

Fees; renewals.

(a) Applications for initial license under sections 155A.21 to
155A.36 shall be accompanied by a nonrefundable application fee set forth in section
155A.25.

(b) License duration shall be three four years. Each renewal application shall be
accompanied by a nonrefundable renewal fee set forth in section 155A.25.

(c) Application for renewal of license shall be made as provided in rules adopted by the
board and on forms supplied by the board.

EFFECTIVE DATE.

This section is effective January 1, 2024, and applies to licenses
issued or renewed on or after that date.

Sec. 43.

Minnesota Statutes 2020, section 155A.30, subdivision 11, is amended to read:


Subd. 11.

Instruction requirements.

(a) Instruction may be offered for no more than
ten hours per day per student.

(b) Instruction must be given within a licensed school building except as provided for
in paragraph (c)
. Online instruction is permitted for board-approved theory-based classes.
Instruction may be given online for theory-based portions of a board-approved curriculum.

Practice-based classes portions of a board-approved curriculum must not be given online.

(c) Schools may offer field trips outside of a licensed school building if the field trips
are related to the course curriculum for industry educational purposes.

EFFECTIVE DATE.

This section is effective July 1, 2024.

Sec. 44.

Minnesota Statutes 2020, section 161.1419, subdivision 2, is amended to read:


Subd. 2.

Members.

(a) The commission shall be composed of 15 members of whom:

(1) one shall be appointed by the commissioner of transportation;

(2) one shall be appointed by the commissioner of natural resources;

(3) one shall be appointed by the director of Explore Minnesota Tourism;

(4) one shall be appointed by the commissioner of agriculture;

(5) one shall be appointed by the director of the Minnesota Historical Society State
Historic Preservation Office
;

(6) two shall be members of the senate to be appointed by the Committee on Committees;

(7) two shall be members of the house of representatives to be appointed by the speaker;

(8) one shall be the secretary appointed pursuant to subdivision 3; and

(9) five shall be citizen members appointed to staggered four-year terms by the members
appointed under clauses (1) to (8) after receiving recommendations from
five citizen
committees established by the members appointed under clauses (1) to (8), with each citizen
committee established within and representing each of the following geographic segments
along the Mississippi River:

(i) Lake Itasca to but not including the city of Grand Rapids;

(ii) Grand Rapids to but not including the city of Brainerd;

(iii) Brainerd to but not including the city of Elk River;

(iv) Elk River to but not including the city of Hastings; and

(v) Hastings to the Iowa border.

Each citizen committee member shall be a resident of the geographic segment that the
committee and member represents.

(b) The members of the commission appointed in paragraph (a), clauses (1) to (8), shall
serve for a term expiring at the close of each regular session of the legislature and until their
successors are appointed.

(c) Successor members shall be appointed by the same appointing authorities. Members
may be reappointed. Any vacancy shall be filled by the appointing authority. The
commissioner of transportation, the commissioner of natural resources, and the director of
the Minnesota Historical Society shall be ex officio members, and shall be in addition to
the 15 members heretofore provided for. Immediately upon making the appointments to the
commission the appointing authorities shall so notify the Mississippi River Parkway
Commission, hereinafter called the National Commission, giving the names and addresses
of the members so appointed.

Sec. 45.

Minnesota Statutes 2021 Supplement, section 240.131, subdivision 7, is amended
to read:


Subd. 7.

Payments to state.

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

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

EFFECTIVE DATE.

This section is effective July 1, 2022.

Sec. 46.

Minnesota Statutes 2020, section 299E.04, subdivision 5, is amended to read:


Subd. 5.

Expiration.

The advisory committee on Capitol Area Security expires June
30, 2022 2036.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 47.

Minnesota Statutes 2020, section 326A.09, is amended to read:


326A.09 REINSTATEMENT.

The board may reinstate a suspended, revoked, expired, or surrendered certificate,
registration, or permit or suspended, revoked, expired, or surrendered practice privileges
upon petition of the person or firm holding or formerly holding the registration, permit, or
certificate, or practice privileges. The board may, in its sole discretion, require that the
person or firm submit to the board evidence of having obtained up to 120 hours of continuing
professional education credits that would have been required had the person or firm held a
registration, certificate, permit, or practice privileges continuously. The board may, in its
sole discretion, place any other conditions upon reinstatement of a suspended, revoked,
expired,
or surrendered certificate, permit, registration, or of practice privileges that it finds
appropriate and necessary to ensure that the purposes of this chapter are met. No suspended
certificate, registration, permit, or practice privileges may be reinstated until the former
holder, or person with practice privileges has completed one-half of the suspension.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 48.

Minnesota Statutes 2020, section 349.151, subdivision 4d, is amended to read:


Subd. 4d.

Electronic pull-tab devices and electronic pull-tab game system.

(a) The
board may adopt rules it deems necessary to ensure the integrity of electronic pull-tab
devices, the electronic pull-tab games played on the devices, and the electronic pull-tab
game system necessary to operate them.

(b) The board may not require an organization to use electronic pull-tab devices.

(c) Before authorizing the lease or sale of electronic pull-tab devices and the electronic
pull-tab game system, the board shall examine electronic pull-tab devices allowed under
section 349.12, subdivision 12b. The board may contract for the examination of the game
system and electronic pull-tab devices and may require a working model to be transported
to locations the board designates for testing, examination, and analysis. The manufacturer
must pay all costs of any testing, examination, analysis, and transportation of the model.
The system must be approved by the board before its use in the state and must have the
capability to permit the board to electronically monitor its operation and internal accounting
systems.

(d) The board may require a manufacturer to submit a certificate from an independent
testing laboratory approved by the board to perform testing services, stating that the
equipment has been tested, analyzed, and meets the standards required in this chapter and
any applicable board rules.

(e) The board, or the director if authorized by the board, may require the deactivation
of an electronic pull-tab device for violation of a law or rule and to implement any other
controls deemed necessary to ensure and maintain the integrity of electronic pull-tab devices
and the electronic pull-tab games played on the devices.

(f) The board may not deactivate or prohibit the use, lease, or sale of an authorized or
approved electronic pull-tab device, electronic pull-tab game, or electronic pull-tab game
system provided the electronic pull-tab device, electronic pull-tab game, or electronic pull-tab
game system continues to meet the standards required in this chapter and any applicable
board rules that were in effect at the time of approval or authorization unless a later enacted
law, passed by the legislature and signed by the governor, requires that an electronic pull-tab
device, electronic pull-tab game, or electronic pull-tab game system comply with rules
adopted after the date of approval or authorization.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 49.

Minnesota Statutes 2020, section 349.1721, subdivision 1, is amended to read:


Subdivision 1.

Cumulative or carryover games.

The board shall by rule permit pull-tab
games with multiple seals. The board shall also adopt rules for pull-tab games with
cumulative or carryover prizes. The rules shall also apply to electronic pull-tab games.
Electronic pull-tab games are subject to the rules in effect at the time the electronic pull-tab
game was approved or authorized unless a later enacted law, passed by the legislature and
signed by the governor, requires that an electronic pull-tab game comply with rules adopted
after the date of approval or authorization.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 50.

Minnesota Statutes 2020, section 349.1721, subdivision 2, is amended to read:


Subd. 2.

Event games.

The board shall by rule permit pull-tab games in which certain
winners are determined by the random selection of one or more bingo numbers or by another
method approved by the board. The rules shall also apply to electronic pull-tab games.
Electronic pull-tab games are subject to the rules in effect at the time the electronic pull-tab
game was approved or authorized unless a later enacted law, passed by the legislature and
signed by the governor, requires that an electronic pull-tab game comply with rules adopted
after the date of approval or authorization.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 51.

[645.0711] STANDARD OF TIME.

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

EFFECTIVE DATE.

This section is effective January 2, 2030, if an amendment to
United States Code, title 15, section 260a, or other applicable law that authorizes states to
observe advance standard time year-round is not enacted before that date.

Sec. 52. BOARD OF COSMETOLOGIST EXAMINERS LICENSING WORKING
GROUP.

Subdivision 1.

Membership.

The board of cosmetologist examiners licensing working
group consists of the following eleven members:

(1) the executive director of the Minnesota Board of Barber Examiners;

(2) one licensed salon owner, appointed by the executive director of the board of
cosmetologist examiners;

(3) one representative of a cosmetology school, appointed by the executive director of
the board of cosmetologist examiners;

(4) a representative of a trade association in the cosmetology industry that operates in
the state, appointed by the executive director of the board of cosmetologist examiners;

(5) one state employee from another state agency that works with health and safety
issues, appointed by the governor;

(6) two members of the public who use cosmetology services, appointed by the governor;

(7) two senators, one appointed by the majority leader and one appointed by the minority
leader; and

(8) two members of the house of representatives, one appointed by the speaker of the
house and one appointed by the minority leader.

(b) The executive director or a designee shall serve as an ex officio.

Subd. 2.

Duties; report.

(a) The working group must submit a report to the chairs and
ranking minority members of the legislative committees with jurisdiction over state
government finance and policy by February 15, 2023. The report must:

(1) evaluate the recommendations in the 2021 Office of the Legislative Auditor program
evaluation titled Board of Cosmetology Licensing and recommend whether and how to
adopt the recommendations;

(2) evaluate the salon manager license and school manager license;

(3) evaluate the scope and requirements for special event services and homebound
services permits and considering merging both permits; and

(4) evaluate an endorsement-based licensing structure.

(b) The report must include draft legislation to implement the recommendations of the
working group.

Subd. 3.

Meetings; chair.

(a) The executive director of the board of cosmetologist
examiners must convene the first meeting of the working group by September 15, 2022. At
the first meeting, the members must elect a chair. Subsequent meetings of the working group
must be convened by the chair or the chair's designee.

(b) The working group may conduct meetings remotely.

(c) The chair shall be responsible for document management of materials for the working
group.

Subd. 4.

Compensation; reimbursement.

Members appointed under subdivision 1,
clauses (2) through (6) may be compensated and reimbursed for expenses as provided in
Minnesota Statutes, section 15.0575, subdivision 3.

Subd. 5.

Administrative support.

The Board of Cosmetologist Examiners must provide
administrative support and meeting space to the working group.

Subd. 6.

Expiration.

The working group expires February 16, 2023, or the day after
submitting the report required in subdivision 2, whichever occurs earlier.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 53. MISSISSIPPI RIVER PARKWAY COMMISSION; CITIZEN MEMBERS.

Citizens currently appointed to the Mississippi River Parkway Commission under
Minnesota Statutes, section 161.1419, subdivision 2, serve terms as follows:

(1) Lake Itasca, to but not including the city of Grand Rapids, for a term ending December
31, 2026;

(2) Grand Rapids, to but not including the city of Brainerd, for a term ending December
31, 2026; and

(3) Brainerd, to but not including the city of Elk River, for a term ending December 31,
2026.

Sec. 54. UNITED STATES AMATEUR SPORTS AND TRAINING CENTER IN
DAKOTA COUNTY; REPORT.

Subdivision 1.

Study required.

(a) The Minnesota Amateur Sports Commission must
partner with the city of Eagan and the city of Inver Grove Heights to study the development
of the United States Amateur Sports and Training Center in Dakota County.

(b) The study must:

(1) identify potential users of the training facility including youth and adult sport activities
from diverse populations to be served by the training center;

(2) address possible sites of the training center and the proximity to other existing training
facilities;

(3) address costs of construction for the training center based on needs identified in the
study;

(4) address ongoing operational costs of the training center once completed;

(5) determine if the estimated training facility rental rates and user fees, and sponsorship
fees are adequate to support the training center's ongoing operations; and

(6) evaluate the potential for local, nonstate resources to support the training facility
operations to maintain the training facility, if necessary without regard to any debt service
for capital improvements.

Subd. 2.

Study requirements.

(a) The commission's market analysis of user rental rates
and user fees to determine potential revenues for the facility must consider the impacts on
or duplication of existing private or government-sponsored facilities.

(b) The commission must analyze the state and local economic impacts of the proposed
facility once fully operational including sales tax revenue increases and local venue and
revenue impacts from sports tourism.

(c) The study must address the training center's ability to provide opportunities to
underserved populations including culturally and economically diverse users and possible
training center needs and uses for specific age and gender participants.

Subd. 3.

Legislative report.

The commission must submit a report describing its work
and findings to the chairs and ranking minority members of the legislative committees
responsible for capital investment and state government finance no later than January 15,
2023.

Sec. 55. DEPARTMENT OF IRON RANGE RESOURCES AND
REHABILITATION; SEPARATION AND RETENTION INCENTIVE PROGRAM
AUTHORIZATION.

The commissioner of Iron Range resources and rehabilitation may provide separation
and retention incentive programs for employees of the department that are consistent with
the provisions of Laws 2009, chapter 78, article 7, section 2, as amended by Laws 2010,
chapter 215, article 9, section 2, and Laws 2010, chapter 216, section 53. The cost of such
incentives are payable solely by funds made available to the commissioner under Minnesota
Statutes, chapter 298. Employees are not required to participate in the programs.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 56. PUBLIC LAND SURVEY MONUMENT RESTORATION.

The chief geospatial information officer must submit a report by January 1, 2023, to the
chairs and ranking minority members of the committees in the house of representatives and
the senate with jurisdiction over local government detailing the status of the monuments
that mark public land survey corners, the work needed by each county to restore missing
or mislocated monuments so that all public land survey corners are documented and marked
with monuments, and the estimated costs for each county to complete the work. The report
must describe the state's interest in the restoration of missing or mislocated monuments;
propose a schedule for state funding, if warranted, for grants to counties to complete the
work; whether the county has used or plans to use taxing authority in Minnesota Statutes,
section 381.12, subdivision 2, to defray the expenses for the work; identify federal money
that may be available for this work; or propose another manner of funding the work.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 57. CONSUMER CHOICE OF FUEL ACT.

Sections 9, 10, 18, and 57 are known as the Consumer Choice of Fuel Act.

Sec. 58. REQUIRED RULEMAKING.

(a) The commissioner of public safety must amend Minnesota Rules as follows:

(1) part 7410.6100, subpart 2, by striking item D;

(2) part 7410.6160, by striking "50" and inserting "30";

(3) part 7410.6420, subpart 6, item A, by striking "12" and inserting "10"; and

(4) part 7411.0630, subpart 6, by striking subitem (7) and renumbering the remaining
subitems.

(b) The commissioner may use the good-cause exemption under Minnesota Statutes,
section 14.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota
Statutes, section 14.386, does not apply except as provided under Minnesota Statutes, section
14.388.

Sec. 59. REVISOR INSTRUCTION.

(a) The revisor of statutes must change "Board of Cosmetologist Examiners" to "Board
of Cosmetology" wherever it appears in Minnesota Statutes.

(b) The revisor is directed to change all cross-references to Minnesota Statutes, section
645.071, to cross-references to Minnesota Statutes, section 645.0711, throughout the statutes.

EFFECTIVE DATE.

Paragraph (b) is effective January 2, 2030, if an amendment to
United States Code, title 15, section 260a, or other applicable law that authorizes states to
observe advance standard time year-round is not enacted before that date.

Sec. 60. REPEALER.

(a) Minnesota Statutes 2020, sections 136F.03; and 326A.04, subdivision 11, are repealed.

(b) Minnesota Rules, parts 7023.0150; 7023.0200; 7023.0250; and 7023.0300, are
repealed.

(c) Minnesota Statutes 2020, section 645.071, is repealed.

EFFECTIVE DATE.

Paragraph (c) is effective January 1, 2030, if an amendment to
United States Code, title 15, section 260a, or other applicable law that authorizes states to
observe advance standard time year-round is not enacted before that date. This section
expires the day after an amendment to the United States Code, title 15, section 260a, or
other applicable law is enacted that authorizes states to observe advance standard time
year-round.

ARTICLE 3

ELECTIONS & CAMPAIGN FINANCE

Section 1.

Minnesota Statutes 2020, section 10A.01, subdivision 10, is amended to read:


Subd. 10.

Candidate.

"Candidate" means an individual who seeks nomination or election
as a state constitutional officer, legislator, or judge. An individual is deemed to seek
nomination or election if the individual has taken the action necessary under the law of this
state to qualify for nomination or election, has received contributions or made expenditures
in excess of $750 $200, or has given implicit or explicit consent for any other person to
receive contributions or make expenditures in excess of $750 $200, for the purpose of
bringing about the individual's nomination or election. A candidate remains a candidate
until the candidate's principal campaign committee is dissolved as provided in section
10A.243.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 2.

Minnesota Statutes 2020, 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 $200 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.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 3.

Minnesota Statutes 2020, section 10A.14, subdivision 1, is amended to read:


Subdivision 1.

First registration.

(a) The treasurer of a political committee, political
fund, principal campaign committee, or party unit must register with the board by filing a
registration statement. The registration statement must be filed by the earliest of the following
dates:

(1) no later than 14 days after the committee, fund, or party unit has made a contribution,
received contributions, or made expenditures in excess of $750 $200;

(2) no later than the next report of receipts and expenditures filing date applicable to the
committee, fund, or party unit if the committee, fund, or party unit reached the threshold in
clause (1) before the end of the reporting period covered by that report; or

(3) by the end of the next business day after it has received a loan or contribution that
must be reported under section 10A.20, subdivision 5.

(b) This subdivision does not apply to ballot question or independent expenditure political
committees or funds, which are subject to subdivision 1a.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 4.

Minnesota Statutes 2020, section 10A.20, subdivision 6, is amended to read:


Subd. 6.

Report when no committee.

(a) A candidate who does not designate and cause
to be formed a principal campaign committee and who makes campaign expenditures in
aggregate in excess of $750 $200 in a year must file with the board a report containing the
information required by subdivision 3. Reports required by this subdivision must be filed
by the dates on which reports by principal campaign committees must be filed.

(b) An individual who makes independent expenditures that aggregate more than $1,500
in a calendar year or expenditures to promote or defeat a ballot question that aggregate more
than $5,000 in a calendar year must file with the board a report containing the information
required by subdivision 3. A report required by this subdivision must be filed by the date
on which the next report by political committees and political funds must be filed.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 5.

Minnesota Statutes 2020, section 10A.25, subdivision 2, is amended to read:


Subd. 2.

Amounts.

(a) In a segment of an election cycle, the principal campaign
committee of the candidate must not make campaign expenditures nor permit approved
expenditures to be made on behalf of the candidate that result in aggregate expenditures in
excess of the following:

(1) for governor and lieutenant governor, running together, $3,817,700 in the election
segment and $1,697,400 in the nonelection segment;

(2) for attorney general, $654,600 in the election segment and $226,400 in the nonelection
segment;

(3) for secretary of state and state auditor, separately, $436,400 in the election segment
and $113,300 in the nonelection segment;

(4) for state senator, $102,800 in the election segment and $32,800 in a nonelection
segment;

(5) for state representative, $68,500 in the election segment.

(b) In addition to the amount in paragraph (a), clause (1), a candidate for endorsement
for the office of lieutenant governor at the convention of a political party may make campaign
expenditures and approved expenditures of five percent of that amount to seek endorsement.

(c) If a special election cycle occurs during a general election cycle, expenditures by or
on behalf of a candidate in the special election do not count as expenditures by or on behalf
of the candidate in the general election.

(d) The expenditure limits in this subdivision for an office are increased by ten percent
for a candidate who has not previously held the same office, whose name has not previously
been on the primary or general election ballot for that office, and who has not in the past
ten years raised or spent more than $750 $200 in a run for any other office whose territory
now includes a population that is more than one-third of the population in the territory of
the new office. Candidates who qualify for first-time candidate status receive a ten percent
increase in the campaign expenditure limit in all segments of the applicable election cycle.
In the case of a legislative candidate, the office is that of a member of the house of
representatives or senate without regard to any specific district.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 6.

Minnesota Statutes 2020, section 10A.273, subdivision 1, is amended to read:


Subdivision 1.

Contributions during legislative session.

(a) A candidate for the
legislature or for constitutional office, the candidate's principal campaign committee, or a
political committee or party unit established by all or a part of the party organization within
a house of the legislature, must not solicit or accept a contribution from a registered lobbyist,
political committee, political fund, or an association not registered with the board during a
regular session of the legislature.

(b) A registered lobbyist, political committee, political fund, or an association not
registered with the board must not make a contribution to a candidate for the legislature or
for constitutional office, the candidate's principal campaign committee, or a political
committee or party unit established by all or a part of the party organization within a house
of the legislature during a regular session of the legislature.

(c) A lobbyist, political committee, or political fund must not make a contribution at
any time for membership in, or access to, a facility during a regular legislative session if
the facility is operated by the principal campaign committee of a candidate for the legislature
or constitutional office, or by a political party organization within a house of the legislature.

Sec. 7.

Minnesota Statutes 2020, section 13.607, is amended by adding a subdivision to
read:


Subd. 6a.

Registered voter lists.

Data on registered voters is governed by section
201.022, subdivision 4.

EFFECTIVE DATE.

This section is effective the day following final enactment and
applies to requests for data made on or after that date.

Sec. 8.

Minnesota Statutes 2020, section 201.022, is amended by adding a subdivision to
read:


Subd. 4.

Data.

(a) Except as provided in this subdivision, all data in the statewide voter
registration system is public data on individuals, as defined in section 13.02, subdivision
15.

(b) The following data is private data on individuals, as defined in section 13.02,
subdivision 12: any identifying information related to a minor, a voter's date of birth, driver's
license number, identification card number, military identification card number, passport
number, or any part of a voter's Social Security number.

(c) Information maintained on the presidential primary political party list required by
section 201.091, subdivision 4a, is private data on individuals as defined under section
13.02, subdivision 12, except that the secretary of state must provide the list to the chair of
each major political party.

(d) Upon receipt of a statement signed by the voter that withholding the voter's name
from the public is required for the safety of the voter or the voter's family, the secretary of
state and county auditor must withhold from the public the name of the registered voter.
Data withheld pursuant to this paragraph is private data on individuals, as defined in section
13.02, subdivision 12.

(e) Any person requesting public data must state in writing that any information obtained
from the statewide voter registration system will not be used for purposes unrelated to
elections, political activities, or law enforcement.

EFFECTIVE DATE.

This section is effective the day following final enactment and
applies to requests for data made on or after that date.

Sec. 9.

Minnesota Statutes 2020, section 201.091, subdivision 4, is amended to read:


Subd. 4.

Public information lists.

The county auditor shall make available for inspection
a public information list which must contain the name, address, year of birth, and voting
history of each registered voter in the county. The list must not include the party choice of
any voter who voted in a presidential nomination primary.
data classified as private data on
individuals pursuant to section 201.022, subdivision 4.
The telephone number must be
included on the list if provided by the voter. The public information list may also include
information on voting districts. The county auditor may adopt reasonable rules governing
access to the list. No individual inspecting the public information list shall tamper with or
alter it in any manner. No individual who inspects the public information list or who acquires
a list of registered voters prepared from the public information list may use any information
contained in the list for purposes unrelated to elections, political activities, or law
enforcement. The secretary of state may provide copies of the public information lists and
other information from the statewide registration system
for uses related to elections, political
activities, or in response to a law enforcement inquiry from a public official concerning a
failure to comply with any criminal statute or any state or local tax statute.

Before inspecting the public information list or obtaining a list of voters or other
information from the list, the individual shall provide identification to the public official
having custody of the public information list and shall state in writing that any information
obtained from the list will not be used for purposes unrelated to elections, political activities,
or law enforcement. Requests to examine or obtain information from the public information
lists or the statewide registration system must be made and processed in the manner provided
in the rules of the secretary of state.

Upon receipt of a statement signed by the voter that withholding the voter's name from
the public information list is required for the safety of the voter or the voter's family, the
secretary of state and county auditor must withhold from the public information list the
name of a registered voter.

EFFECTIVE DATE.

This section is effective the day following final enactment and
applies to requests for data made on or after that date.

Sec. 10.

Minnesota Statutes 2020, section 201.091, subdivision 4a, is amended to read:


Subd. 4a.

Presidential nomination primary political party list.

The secretary of state
must maintain a list of the voters who voted in a presidential nomination primary and the
political party each voter selected. Information maintained on the list is private data on
individuals as defined under section 13.02, subdivision 12, except that the secretary of state
must provide the list to the chair of each major political party.

EFFECTIVE DATE.

This section is effective the day following final enactment and
applies to requests for data made on or after that date.

Sec. 11.

Minnesota Statutes 2020, section 201.091, is amended by adding a subdivision
to read:


Subd. 10.

Requests for data.

Nothing in this section prevents a person from requesting
public data as described in section 201.022, subdivision 4.

EFFECTIVE DATE.

This section is effective the day following final enactment and
applies to requests for data made on or after that date.

Sec. 12.

Minnesota Statutes 2020, section 201.121, subdivision 1, is amended to read:


Subdivision 1.

Entry of registration information.

(a) At the time a voter registration
application is properly completed, submitted, and received in accordance with sections
201.061 and 201.071, the county auditor shall enter the information contained on it into the
statewide voter registration system. Voter registration applications completed before election
day must be entered into the statewide voter registration system within ten days after they
have been submitted to the county auditor. Voter registration applications completed on
election day must be entered into the statewide voter registration system within 42 days
after the election, unless the county auditor notifies the secretary of state before the deadline
has expired that the deadline will not be met. Upon receipt of a notification under this
paragraph, the secretary of state must extend the deadline for that county auditor by an
additional 28 days. The secretary of state may waive a county's obligations under this
paragraph if, on good cause shown, the county demonstrates its permanent inability to
comply
before the canvass of that election is started.

The secretary of state must post data on each county's compliance with this paragraph on
the secretary of state's website including, as applicable, the date each county fully complied
or the deadline by which a county's compliance must be complete.

(b) Upon receiving a completed voter registration application, the secretary of state may
must
electronically transmit the information on the application to the appropriate county
auditor as soon as possible for review by the county auditor before final entry into the
statewide voter registration system. The secretary of state may mail the voter registration
application to the county auditor.

(c) Within ten days after the county auditor has entered information from a voter
registration application into the statewide voter registration system, the secretary of state
shall compare the voter's name, date of birth, and driver's license number, state identification
number, or the last four digits of the Social Security number with the same information
contained in the Department of Public Safety database.

(d) The secretary of state shall provide a report to the county auditor on a weekly basis
that includes a list of voters whose name, date of birth, or identification number have been
compared with the same information in the Department of Public Safety database and cannot
be verified as provided in this subdivision. The report must list separately those voters who
have submitted a voter registration application by mail and have not voted in a federal
election in this state.

(e) The county auditor shall compile a list of voters for whom the county auditor and
the secretary of state are unable to conclude that information on the voter registration
application and the corresponding information in the Department of Public Safety database
relate to the same person.

(f) The county auditor shall send a notice of incomplete registration to any voter whose
name appears on the list and change the voter's status to "incomplete." A voter who receives
a notice of incomplete registration from the county auditor may either provide the information
required to complete the registration at least 21 days before the next election or at the polling
place on election day.

EFFECTIVE DATE.

This section is effective September 1, 2022, and applies to
elections on or after that date.

Sec. 13.

Minnesota Statutes 2020, section 203B.07, subdivision 1, is amended to read:


Subdivision 1.

Delivery of envelopes, directions.

The county auditor or the municipal
clerk shall prepare, print, and transmit a return envelope, a signature envelope, a ballot
secrecy
envelope, and a copy of the directions for casting an absentee ballot to each applicant
whose application for absentee ballots is accepted pursuant to section 203B.04. The county
auditor or municipal clerk shall provide first class postage for the return envelope. The
directions for casting an absentee ballot shall be printed in at least 14-point bold type with
heavy leading and may be printed on the ballot secrecy envelope. When a person requests
the directions in Braille or on audio file, the county auditor or municipal clerk shall provide
them in the form requested. The secretary of state shall prepare Braille and audio file copies
and make them available.

When a voter registration application is sent to the applicant as provided in section
203B.06, subdivision 4, the directions or registration application shall include instructions
for registering to vote.

Sec. 14.

Minnesota Statutes 2020, section 203B.07, subdivision 2, is amended to read:


Subd. 2.

Design of envelopes.

(a) The return signature envelope shall be of sufficient
size to conveniently enclose and contain the ballot secrecy envelope and a folded voter
registration application. The return signature envelope shall be designed to open on the
left-hand end.

(b) The return envelope must be designed in one of the following ways:

(1) it must be of sufficient size to contain an additional a signature envelope that when
and when the return envelope is
sealed, it conceals the signature, identification, and other
information; or

(2) it must be the signature envelope and provide an additional flap that when sealed,
conceals the signature, identification, and other information.

(c) Election officials may open the flap or the additional return envelope at any time
after receiving the returned ballot to inspect the returned certificate for completeness or to
ascertain other information.

Sec. 15.

Minnesota Statutes 2020, section 203B.07, subdivision 3, is amended to read:


Subd. 3.

Eligibility certificate.

A certificate of eligibility to vote by absentee ballot
shall be printed on the back of the return signature envelope. The certificate shall contain
space for the voter's Minnesota driver's license number, state identification number, or the
last four digits of the voter's Social Security number, or to indicate that the voter does not
have one of these numbers. The space must be designed to ensure that the voter provides
the same type of identification as provided on the voter's absentee ballot application for
purposes of comparison. The certificate must also contain a statement to be signed and
sworn by the voter indicating that the voter meets all of the requirements established by law
for voting by absentee ballot and space for a statement signed by a person who is registered
to vote in Minnesota or by a notary public or other individual authorized to administer oaths
stating that:

(1) the ballots were displayed to that individual unmarked;

(2) the voter marked the ballots in that individual's presence without showing how they
were marked, or, if the voter was physically unable to mark them, that the voter directed
another individual to mark them; and

(3) if the voter was not previously registered, the voter has provided proof of residence
as required by section 201.061, subdivision 3.

Sec. 16.

Minnesota Statutes 2021 Supplement, section 203B.08, subdivision 1, is amended
to read:


Subdivision 1.

Marking and return by voter.

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

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

EFFECTIVE DATE.

This section is effective the day following final enactment and
applies to elections conducted on or after that date.

Sec. 17.

Minnesota Statutes 2020, section 203B.081, subdivision 1, is amended to read:


Subdivision 1.

Location; timing.

An eligible voter may vote by absentee ballot in the
office of the county auditor and at any other additional polling place designated by the
county auditor during the 46 days before the election, except as provided in this section.
An additional polling place designated by the county auditor pursuant to this section must
be at a precinct polling place designated pursuant to section 204B.16. Where the county
auditor administers absentee voting, each additional polling place must be open for in-person
absentee voting for the entire absentee voting period during the same days and hours as the
office of the county auditor is open for in-person absentee voting. Where a municipal clerk
has been designated to administer absentee voting pursuant to section 203B.05, each
additional polling place designated within the municipality must be open for in-person
absentee voting for the entire absentee voting period during the regular business hours for
the municipal clerk's office.

Sec. 18.

Minnesota Statutes 2021 Supplement, section 203B.082, is amended to read:


203B.082 ABSENTEE BALLOT DROP BOXES; SECURITY AND INTEGRITY.

Subdivision 1.

Definition.

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

Subd. 2.

Minimum security and integrity standards.

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

(1) each drop box must be continually recorded livestreamed during the absentee voting
period as provided in section 203B.155 and on election day;

(2) each drop box must be located within 100 feet of a door of the building where the
county auditor or municipal clerk's office is located;

(3) each drop box must be available for use during the entire absentee voting period;

(4) each drop box must be assigned an identification number that is unique to that drop
box;

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

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

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

(5) (8) each drop box must contain signage or markings that:

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

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

(iii) include the statement: "STOP! You can only return your own ballot in this drop
box."; and

(iv) the identification number assigned to the drop box;

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

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

Subd. 3.

Publication of locations required.

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

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

Subd. 4.

Electioneering prohibited.

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

Subd. 5.

Ballot collection log and report.

(a) The county auditor or municipal clerk
must maintain a log for each drop box. The log must include the unique identification number
assigned to the drop box. The log must include the following information for each day
during the absentee voting period:

(1) the date and time of each ballot collection;

(2) the person who collected the ballots; and

(3) the number of ballots collected.

(b) Before the meeting of the local canvassing board, each county auditor and municipal
clerk must total the number of ballots collected from each drop box for each day during the
absentee voting period and submit the totals to the local ballot board and the secretary of
state. Before the meeting of the state canvassing board for an election, the secretary of state
must compile the totals, broken down by county. Prior to the state canvassing board beginning
the state canvass, the secretary of state must submit the totals to the state canvassing board
and the chairs and ranking minority members of the legislative committees having jurisdiction
over election policy.

Subd. 6.

Rulemaking prohibited.

The secretary of state is not authorized to adopt rules
to implement or supplement the provisions of this section.

EFFECTIVE DATE.

This section is effective September 1, 2022, and applies to
elections conducted on or after that date, except that subdivision 6 is effective the day
following final enactment.

Sec. 19.

Minnesota Statutes 2021 Supplement, section 203B.121, subdivision 1, is amended
to read:


Subdivision 1.

Establishment; applicable laws.

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

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

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

EFFECTIVE DATE.

This section is effective the day following final enactment and
applies to elections on or after that date.

Sec. 20.

Minnesota Statutes 2021 Supplement, section 203B.121, subdivision 4, is amended
to read:


Subd. 4.

Opening of envelopes.

After the close of business on the seventh day before
the election, the ballots from secrecy envelopes within the signature envelopes marked
"Accepted" may be opened, duplicated as needed in the manner provided in section 206.86,
subdivision 5
, initialed by the members of the ballot board, and deposited in the appropriate
ballot box. Prior to depositing a ballot into the appropriate ballot box, the members of the
ballot board must verify that the ballot contains the security marking required by section
204B.36, subdivision 1.
If more than one voted ballot is enclosed in the ballot secrecy
envelope, or if a ballot does not contain the required security marking, the ballots must be
returned in the manner provided by section 204C.25 for return of spoiled ballots, and may
not be counted.

EFFECTIVE DATE.

This section is effective September 1, 2022, and applies to
elections conducted on or after that date.

Sec. 21.

Minnesota Statutes 2020, section 203B.121, subdivision 5, is amended to read:


Subd. 5.

Storage and counting of absentee ballots.

(a) On a day on which absentee
ballots are inserted into a ballot box, two members of the ballot board must:

(1) remove the ballots from the ballot box at the end of the day;

(2) without inspecting the ballots, ensure that the number of ballots removed from the
ballot box is equal to the number of voters whose absentee ballots were accepted that day;
and

(3) seal and secure all voted and unvoted ballots present in that location at the end of
the day.

(b) After the polls have closed on election day, two members of the ballot board must
count the ballots, tabulating the vote in a manner that indicates each vote of the voter and
the total votes cast for each candidate or question. In state primary and state general elections,
the results must indicate the total votes cast for each candidate or question in each precinct
and report the vote totals tabulated for each precinct. The count must be recorded on a
summary statement in substantially the same format as provided in section 204C.26. The
ballot board shall submit at least one completed summary statement to the county auditor
or municipal clerk. The county auditor or municipal clerk may require the ballot board to
submit a sufficient number of completed summary statements to comply with the provisions
of section 204C.27, or the county auditor or municipal clerk may certify reports containing
the details of the ballot board summary statement to the recipients of the summary statements
designated in section 204C.27.

In state primary and state general elections, these vote totals shall be added to the vote
totals on the summary statements of the returns for the appropriate precinct. In other elections,
these vote totals may be added to the vote totals on the summary statement of returns for
the appropriate precinct or may be reported as a separate total.

The count shall counting of ballots must be public. No vote totals from ballots may be
made public before the close of voting on election day.
Vote totals must only be disclosed
in accordance with section 204C.19.

(c) In addition to the requirements of paragraphs (a) and (b), if the task has not been
completed previously, the members of the ballot board must verify as soon as possible, but
no later than 24 hours after the end of the hours for voting, that voters whose absentee ballots
arrived after the rosters were marked or supplemental reports were generated and whose
ballots were accepted did not vote in person on election day. An absentee ballot submitted
by a voter who has voted in person on election day must be rejected. All other accepted
absentee ballots must be opened, duplicated if necessary, and counted by members of the
ballot board. The vote totals from these ballots must be incorporated into the totals with the
other absentee ballots and handled according to paragraph (b).

EFFECTIVE DATE.

This section is effective the day following final enactment and
applies to elections on or after that date.

Sec. 22.

Minnesota Statutes 2020, section 203B.121, is amended by adding a subdivision
to read:


Subd. 6.

Ballot board observers.

(a) For an election where a partisan office appears on
the ballot, a major or minor political party may appoint a person to serve as an absentee
ballot board observer. For an election where only nonpartisan offices are on the ballot, a
candidate appearing on the ballot may appoint a person to serve as an absentee ballot board
observer. All appointments must be made at least 30 days prior to the start of the absentee
voting period, except that if an observer is unable to perform the required duties the observer
may be replaced by the appointing political party or candidate. The political party or
candidate must notify the county auditor, city clerk, or school district clerk if a ballot board
observer is appointed and provide the observer's name, address, phone number, and e-mail
address. A ballot board observer must complete election judge training as described in
section 204B.25, including training on the processing and handling of absentee ballots. The
following individuals are not eligible to serve as absentee ballot board observers: members
of the ballot board, candidates on the ballot, and immediate family members of candidates
on the ballot.

(b) A ballot board observer must be allowed to observe the following activities of the
ballot board that take place during the absentee voting period, on election day, or after
election day:

(1) examining envelopes and accepting or rejecting envelopes as required by subdivision
2;

(2) opening envelopes and duplicating ballots, if necessary, as required by subdivision
4;

(3) depositing absentee ballots into a ballot box as required by subdivision 5, paragraph
(a); and

(4) counting and tabulating the ballots as required by subdivision 5, paragraph (b).

(c) A ballot board observer must be allowed to be within four feet of the ballots or
envelopes being handled. A ballot board observer must not handle any absentee ballots,
envelopes, or other election documents. A ballot board observer must not prepare in any
manner any lists of individuals who have or have not voted. A ballot board observer must
not interfere with the conduct of the ballot board. The ballot board may have a ballot board
observer removed if the observer is disrupting the activities of the ballot board.

(d) The county auditor, municipal clerk, or school district clerk must notify each ballot
board observer of the date, time, and location any time the activities in paragraph (b) will
take place. The notice must be in writing and mailed to the ballot board observer at least
seven days before the activity is to take place.

EFFECTIVE DATE.

This section is effective May 15, 2022, and applies to absentee
voting periods beginning on or after June 24, 2022.

Sec. 23.

Minnesota Statutes 2020, section 203B.121, is amended by adding a subdivision
to read:


Subd. 7.

Livestreaming.

(a) The county auditor, municipal clerk, or school district clerk
must ensure that all ballot board activity is livestreamed as provided by this subdivision
and section 203B.155. This requirement applies during the absentee voting period, on
election day, and on the day following the election day if absentee ballots are being processed.
At a minimum, the following activities must be recorded:

(1) examining envelopes and accepting or rejecting envelopes as required by subdivision
2;

(2) opening envelopes and duplicating ballots, if necessary, as required by subdivision
4;

(3) depositing absentee ballots into a ballot box as required by subdivision 5, paragraph
(a); and

(4) counting and tabulating the ballots as required by subdivision 5, paragraph (b).

(b) The county auditor, municipal clerk, or school district clerk must position one or
more cameras so as to record the following:

(1) the ballot board members performing the activities described in paragraph (a);

(2) all ballots in the room where the activities in paragraph (a) are taking place; and

(3) all doors in the room where the activities in paragraph (a) are taking place.

To the extent possible while complying with clauses 1 to 3, the cameras must be positioned
so as to avoid recording private data included on absentee ballot envelopes or other
documents.

EFFECTIVE DATE.

This section is effective September 1, 2022, and applies to
elections conducted on or after that date.

Sec. 24.

[203B.155] LIVESTREAMING REQUIREMENTS.

Subdivision 1.

Definitions.

(a) The following terms have the meanings given for purposes
of this section.

(b) "Commissioner" means the commissioner of information technology services.

(c) "Department" means the Department of Information Technology Services.

Subd. 2.

Livestreaming.

(a) Where livestreaming is required by sections 203B.082,
subdivision 2, clause (1), and 203B.121, the commissioner must ensure the livestream is
available on the department's website in a manner that allows members of the public to
easily access and view the livestream. The commissioner must record all livestreamed video
and retain the recording for at least 22 months after the date of the recording. Notwithstanding
chapter 13 or any other law to the contrary, the county auditor, city clerk, or school board
clerk is not required to maintain any livestreamed or recorded data or provide access to the
data. The commissioner must not charge any fee to the public or to the county, municipality,
or school district for providing this service.

(b) The secretary of state must include information on the office's website on how to
find and access videos on the department's website. Each county auditor, municipal clerk,
and school district clerk must post the same information on their respective local
government's website, if there is one.

Subd. 3.

Data.

The commissioner must retain video recordings of livestreamed activities
required by sections 203B.082, subdivision 2, clause (1), and 203B.121, as provided by this
section. The recordings are public data, except that the commissioner may obscure private
data on individuals that is visible on a recording.

Subd. 4.

Livestream disruptions.

If a livestream is disrupted or disabled, the
commissioner, county auditor, municipal clerk, or school district clerk is not liable if the
disruption is due to a cause outside of the control of the commissioner, county auditor,
municipal clerk, or school district clerk. If there is a disruption, the commissioner must
work with the county auditor, municipal clerk, or school district clerk to reinstate video
coverage as soon as possible. If appointed ballot board observers are present and there is a
disruption in livestreaming, the activities of the ballot board may continue. If appointed
ballot board observers are not present and there is a disruption in livestreaming, the ballot
board must stop all activities until one of the following occurs:

(1) the livestream is reinstated;

(2) ballot board observers are present; or

(3) the county auditor, municipal clerk, or school district clerk arranges the activities to
be recorded in a manner that substantially complies with the requirements of this section
and section 203B.121, subdivision 7.

Within 24 hours of the livestream being reinstated, the county auditor, municipal clerk, or
school district clerk must transmit any recordings made pursuant to clause (3) to the
commissioner to be posted on the department's website.

EFFECTIVE DATE.

This section is effective September 1, 2022, and applies to
elections conducted on or after that date.

Sec. 25.

Minnesota Statutes 2020, section 203B.21, subdivision 1, is amended to read:


Subdivision 1.

Form.

Absentee ballots under sections 203B.16 to 203B.27 shall conform
to the requirements of the Minnesota Election Law, except that modifications in the size or
form of ballots or envelopes may be made if necessary to satisfy the requirements of the
United States postal service. The return envelope must be designed in one of the following
ways:

(1) it must be of sufficient size to contain an additional a signature envelope that when
and when the return envelope is
sealed, it conceals the signature, identification, and other
information; or

(2) it must be the signature envelope and provide an additional flap that when sealed,
conceals the signature, identification, and other information.

The flap or the additional return envelope must be perforated to permit election officials to
inspect the returned certificate for completeness or to ascertain other information at any
time after receiving the returned ballot without opening the return signature envelope.

Sec. 26.

Minnesota Statutes 2020, section 203B.21, subdivision 3, is amended to read:


Subd. 3.

Back of return signature envelope.

On the back of the return signature envelope
a certificate shall appear with space for:

(1) the voter's address of present or former residence in Minnesota;

(2) the voter's current e-mail address, if the voter has one;

(3) a statement indicating the category described in section 203B.16 to which the voter
belongs;

(4) a statement that the voter has not cast and will not cast another absentee ballot in the
same election or elections;

(5) a statement that the voter personally marked the ballots without showing them to
anyone, or if physically unable to mark them, that the voter directed another individual to
mark them; and

(6) the same voter's passport number, Minnesota driver's license or state identification
card number, or the last four digits of the voter's Social Security number as provided on the
absentee ballot application; if the voter does not have access to any of these documents, the
voter may attest to the truthfulness of the contents of the certificate under penalty of perjury.

The certificate shall also contain a signed oath in the form required by section 705 of
the Help America Vote Act, Public Law 107-252, which must read:

"I swear or affirm, under penalty of perjury, that:

I am a member of the uniformed services or merchant marine on active duty or an eligible
spouse or dependent of such a member; a United States citizen temporarily residing outside
the United States; or other United States citizen residing outside the United States; and I
am a United States citizen, at least 18 years of age (or will be by the date of the election),
and I am eligible to vote in the requested jurisdiction; I have not been convicted of a felony,
or other disqualifying offense, or been adjudicated mentally incompetent, or, if so, my voting
rights have been reinstated; and I am not registering, requesting a ballot, or voting in any
other jurisdiction in the United States except the jurisdiction cited in this voting form. In
voting, I have marked and sealed my ballot in private and have not allowed any person to
observe the marking of the ballot, except for those authorized to assist voters under state or
federal law. I have not been influenced.

The information on this form is true, accurate, and complete to the best of my knowledge.
I understand that a material misstatement of fact in completion of this document may
constitute grounds for a conviction for perjury."

Sec. 27.

Minnesota Statutes 2020, section 203B.23, subdivision 2, is amended to read:


Subd. 2.

Duties.

(a) The absentee ballot board must examine all returned absentee ballot
envelopes for ballots issued under sections 203B.16 to 203B.27 and accept or reject the
absentee ballots in the manner provided in section 203B.24. If the certificate of voter
eligibility is not printed on the return or administrative signature envelope, the certificate
must be attached to the ballot secrecy envelope.

(b) The absentee ballot board must immediately examine the return signature envelopes
or certificates of voter eligibility that are attached to the secrecy envelopes and mark them
"accepted" or "rejected" during the 45 days before the election. If an envelope has been
rejected at least five days before the election, the ballots in the envelope must be considered
spoiled ballots and the official in charge of the absentee ballot board must provide the voter
with a replacement absentee ballot and return envelope envelopes in place of the spoiled
ballot.

(c) If a county has delegated the responsibility for administering absentee balloting to
a municipality under section 203B.05, accepted absentee ballots must be delivered to the
appropriate municipality's absentee ballot board. The absentee ballot board with the authority
to open and count the ballots must do so in accordance with section 203B.121, subdivisions
4 and 5.

Sec. 28.

Minnesota Statutes 2021 Supplement, section 203B.24, subdivision 1, is amended
to read:


Subdivision 1.

Check of voter eligibility; proper execution of certificate.

Upon receipt
of an absentee ballot returned as provided in sections 203B.16 to 203B.27, the election
judges shall compare the voter's name with the names recorded under section 203B.19 in
the statewide registration system to insure that the ballot is from a voter eligible to cast an
absentee ballot under sections 203B.16 to 203B.27. The election judges shall mark the
signature envelope "Accepted" and initial or sign the signature envelope below the word
"Accepted" if the election judges are satisfied that:

(1) the voter's name and address on the signature envelope appears in substantially the
same form as on the application records provided to the election judges by the county auditor;

(2) the voter has signed the federal oath prescribed pursuant to section 705(b)(2) of the
Help America Vote Act, Public Law 107-252;

(3) the voter has set forth the same voter's passport number, or Minnesota driver's license
or state identification card number, or the last four digits of the voter's Social Security
number as submitted on the application, if the voter has one of these documents;

(4) the voter is not known to have died; and

(5) the voter has not already voted at that election, either in person or by absentee ballot.

If the identification number described in clause (3) does not match the number as
submitted on the application, the election judges must make a reasonable effort to satisfy
themselves through other information provided by the applicant, or by an individual
authorized to apply on behalf of the voter, that the ballots were returned by the same person
to whom the ballots were transmitted.

An absentee ballot cast pursuant to sections 203B.16 to 203B.27 may only be rejected
for the lack of one of clauses (1) to (5). In particular, failure to place the ballot within the
secrecy envelope before placing it in the outer white signature envelope is not a reason to
reject an absentee ballot.

Election judges must note the reason for rejection on the back of the envelope in the
space provided for that purpose.

Failure to return unused ballots shall not invalidate a marked ballot, but a ballot shall
not be counted if the certificate on the return signature envelope is not properly executed.
In all other respects the provisions of the Minnesota Election Law governing deposit and
counting of ballots shall apply. Notwithstanding other provisions of this section, the counting
of the absentee ballot of a deceased voter does not invalidate the election.

Sec. 29.

Minnesota Statutes 2020, section 204B.32, is amended by adding a subdivision
to read:


Subd. 3.

Contributions for election expenses prohibited.

Notwithstanding any home
rule charter or local ordinance to the contrary, a county, municipality, or school district may
not accept a contribution, in any form, from a for-profit business or a nonprofit organization
made for the purpose of paying expenses associated with conducting a federal, state, or
local election.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 30.

Minnesota Statutes 2020, section 204B.36, subdivision 1, is amended to read:


Subdivision 1.

Type.

(a) All ballots shall be printed with black ink on paper of sufficient
thickness to prevent the printing from being discernible from the back. All ballots shall be
printed in easily readable type with suitable lines dividing candidates, offices, instructions
and other matter printed on ballots. The same type shall be used for the names of all
candidates on the same ballot.

(b) Except for ballots prepared and distributed under sections 203B.16 to 203B.27, all
ballots must be printed on paper that contains a security marking designed to allow
verification of the ballot's authenticity. The security marking must be designed so that it
does not interfere with a tabulator's ability to accurately read the ballot. At a federal or state
election, the form of the security marking must be prescribed by the secretary of state. At
a local election, the form of the security marking must be prescribed by the county auditor
or municipal clerk. For purposes of this paragraph, a security marking is a watermark,
ultraviolet light marking, or other substantially equivalent marking.

EFFECTIVE DATE.

This section is effective September 1, 2022, and applies to
elections conducted on or after that date.

Sec. 31.

Minnesota Statutes 2020, section 204C.19, subdivision 3, is amended to read:


Subd. 3.

Premature disclosure of count results.

No The county auditor, municipal
clerk, school district clerk, election judge, or any other person must not disclose
count results
from any precinct shall be disclosed by any election judge or other individual until all count
results from that precinct are available, nor shall have been counted and totaled, including
absentee votes received and processed by 8 p.m. on election day. Absentee ballots may
continue to be processed and counted after 8 p.m. on election day as provided in section
203B.121, subdivision 5, paragraph (c).
The public media must not disclose any count
results from any precinct before the time when voting is scheduled to end in the state.

EFFECTIVE DATE.

This section is effective the day following final enactment and
applies to elections on or after that date.

Sec. 32.

Minnesota Statutes 2020, section 204D.16, is amended to read:


204D.16 SAMPLE GENERAL ELECTION BALLOTS; POSTING;
PUBLICATION.

(a) At least 46 days before the state general election, the county auditor shall must post
sample ballots for each precinct in the auditor's office for public inspection and transmit an
electronic copy of these sample ballots to the secretary of state.

(b) No earlier than 15 days and no later than two days before the state general election
the county auditor shall must cause a sample generic state general election ballot to be
published in at least one newspaper of general circulation in the county. The generic ballot
must include only the races and candidates that will appear on the ballot for every precinct
in the county. The secretary of state, in collaboration with local government election officials
and the Minnesota Newspaper Association, must design the generic ballot to be used by
local election officials. When printed in the newspaper, the generic ballot must be sized so
that it comprises a minimum of 75 percent of one page. The generic ballot must include the
following statement:

"This ballot only includes the races and candidates that will appear on the ballot for
every precinct in the county. Your ballot will have the names of all candidates for whom
you can vote in your precinct. To view a sample ballot reflecting your specific address,
please enter your address information on this website: [link to appropriate page on the
secretary of state's website]. You may also view a list of sample ballots for each county
precinct on [link to appropriate page on the county's website]. If you would like a copy of
a sample ballot specific to your address sent to you, please contact [insert the name of the
appropriate election official, phone number, and e-mail address] and the county will mail
you a sample at no charge."

Sec. 33.

Minnesota Statutes 2021 Supplement, section 206.805, subdivision 1, is amended
to read:


Subdivision 1.

Contracts required.

(a) The secretary of state, with the assistance of the
commissioner of administration, must establish one or more state voting systems contracts.
The contracts should, if practical, include provisions for maintenance of the equipment
purchased. The voting systems contracts must address precinct-based optical scan voting
equipment, assistive voting technology, automatic tabulating equipment, and electronic
roster equipment. The contracts must give the state a perpetual license to use and modify
the software. The contracts must include provisions to escrow the software source code.
Bids for voting systems and related election services must be solicited from each vendor
selling or leasing voting systems that have been certified for use by the secretary of state.
Bids for electronic roster equipment, software, and related services must be solicited from
each vendor selling or leasing electronic roster equipment that meets the requirements of
section 201.225, subdivision 2. The contracts must be renewed from time to time.

(b) The secretary of state, with the assistance of the commissioner of administration,
must establish one or more contracts for ballot paper bearing a security marking as described
in section 204B.36, subdivision 1. The contracts must be renewed from time to time.

(c) Counties and municipalities may purchase or lease voting systems and obtain related
election services from the state contracts. All counties and municipalities are members of
the cooperative purchasing venture of the Department of Administration for the purpose of
this section. For the purpose of township elections, counties must aggregate orders under
contracts negotiated under this section for products and services and may apportion the
costs of those products and services proportionally among the townships receiving the
products and services. The county is not liable for the timely or accurate delivery of those
products or services.

EFFECTIVE DATE.

This section is effective September 1, 2022, and applies to
elections conducted on or after that date.

Sec. 34.

Minnesota Statutes 2020, section 206.83, is amended to read:


206.83 TESTING OF VOTING SYSTEMS.

(a) Within 14 days before election day, the official in charge of elections shall have the
voting system tested to ascertain that the system will correctly mark ballots using all methods
supported by the system, including through assistive technology, and count the votes cast
for all candidates and on all questions. Public notice of the time and place of the test must
be given at least two days in advance by publication once in official newspapers.
The test
must be observed by at least two election judges, who are not of the same major political
party, and must be open to representatives of the political parties, candidates, the press, and
the public. The test must be conducted by (1) processing a preaudited group of ballots
punched or marked to record a predetermined number of valid votes for each candidate and
on each question, and must include for each office one or more ballot cards which have
votes in excess of the number allowed by law in order to test the ability of the voting system
tabulator and electronic ballot marker to reject those votes; and (2) processing an additional
test deck of ballots marked using the electronic ballot marker for the precinct, including
ballots marked using the electronic ballot display, audio ballot reader, and any assistive
voting technology used with the electronic ballot marker. If any error is detected, the cause
must be ascertained and corrected and an errorless count must be made before the voting
system may be used in the election. After the completion of the test, the programs used and
ballot cards must be sealed, retained, and disposed of as provided for paper ballots.

(b) At least 14 days before conducting the testing required by paragraph (a), the official
in charge of elections must give notice of the date, time, and location of the testing in the
following manner:

(1) by publishing the notice once in the official newspaper;

(2) by prominently posting the notice on the applicable county, municipal, or school
district website, if there is one; and

(3) by sending the notice to the secretary of state. The secretary of state must prominently
publish the notices on the secretary's website. The secretary of state must notify the chairs
of each major and minor political party when notices are posted and where to find them.

EFFECTIVE DATE.

This section is effective the day following final enactment and
applies to elections on or after that date.

Sec. 35.

[211B.075] DISTRIBUTION OF ABSENTEE BALLOT APPLICATIONS
AND SAMPLE BALLOTS.

Subdivision 1.

Definitions.

(a) The following terms have the meanings given for the
purpose of this section.

(b) "Person or entity" means any individual, committee, or association as defined by
section 10A.01, subdivision 6.

(c) "Sample ballot" means a document that is formatted and printed in a manner that so
closely resembles an official ballot that it could lead a reasonable person to believe the
document is an official ballot. A document that contains the names of particular candidates
or ballot questions alongside illustrations of a generic ballot or common ballot markings is
not a sample ballot as long as the document does not closely resemble an official ballot and
would not lead a reasonable person to believe the document is an official ballot.

Subd. 2.

Requirements.

(a) A person or entity that mails an absentee ballot application
or sample ballot to anyone in the state must comply with this section.

(b) In addition to the absentee ballot application or sample ballot, the person or entity
must include a statement that says:

(1) the mailing is not an official election communication from a unit of government;

(2) the application or ballot has not been included at the request of a government official;
and

(3) if a sample ballot is enclosed, that the sample ballot is not an official ballot and the
voter must not cast the ballot.

(c) The statement required by paragraph (b) must be printed in a typeface and format
designed to be clearly visible at the time the mailing is opened. The mailing envelope must
include markings to clearly distinguish it from official election mail sent by a unit of
government.

(d) If an absentee ballot application is included, the application must be blank and must
not include the voter's name, address, or any other required information.

(e) This section does not apply to a unit of government or employee of that unit of
government when discharging official election duties.

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 36. SECRETARY OF STATE; REPORTS.

(a) No later than January 15, 2024, the secretary of state must submit a report to the
chairs and ranking minority members of the legislative committees having jurisdiction over
elections on grants awarded under Laws 2021, First Special Session chapter 12, article 1,
section 6, for ballot dropbox security and integrity. The report must detail each grant awarded
including the jurisdiction, the amount of the grant, and what the grant money is intended to
purchase.

(b) No later than January 15, 2024, the secretary of state must submit a report to the
chairs and ranking minority members of the legislative committees having jurisdiction over
elections on grants awarded under article 1, section 2 for temporary staffing, livestreaming
of election-related activity, and purchasing ballot paper with security markings. The report
must detail each grant awarded including the jurisdiction, the amount of the grant, and what
the grant money is intended to purchase.

Sec. 37. REPEALER.

Minnesota Statutes 2020, sections 13.607, subdivision 6; and 201.091, subdivision 9,
are repealed.

EFFECTIVE DATE.

This section is effective the day following final enactment and
applies to requests for data made on or after that date.

Sec. 38. EFFECTIVE DATE.

Except as otherwise provided, this article is effective July 1, 2022, and applies to elections
conducted on or after that date.

APPENDIX

Repealed Minnesota Statutes: S3975-1

13.607 CAMPAIGN FINANCE, PUBLIC DISCLOSURE, AND ELECTION DATA CODED ELSEWHERE.

Subd. 6.

Registered voter lists.

Access to registered voter lists is governed by section 201.091.

136F.03 CANDIDATE ADVISORY COUNCIL.

Subdivision 1.

Purpose.

A Candidate Advisory Council for the board shall assist the governor in determining criteria for, and identifying and recruiting qualified candidates for, nonstudent membership on the board.

Subd. 2.

Membership.

The advisory council consists of 24 members. Twelve members are appointed by the Subcommittee on Committees of the Committee on Rules and Administration of the senate. Twelve members are appointed by the speaker of the house. No more than one-third of the members appointed by each appointing authority may be current or former legislators. No more than two-thirds of the members appointed by each appointing authority may belong to the same political party; however, political activity or affiliation is not required for the appointment of a member. Geographical representation must be taken into consideration when making appointments. Section 15.0575 governs the advisory council, except that the members must be appointed to six-year terms.

Subd. 3.

Duties.

(a) The advisory council shall:

(1) develop a statement of the selection criteria to be applied and a description of the responsibilities and duties of a member of the board and shall distribute this to potential candidates; and

(2) for each position on the board, identify and recruit qualified candidates for the board, based on the background and experience of the candidates, and their potential for discharging the responsibilities of a member of the board.

(b) Selection criteria developed under this section must include the requirement that trustees represent diversity in geography, gender, race, occupation, and experience.

(c) Selection criteria developed under this section must also include the identification of the membership needs of the board for individual skills relevant to the governance of the Minnesota State Colleges and Universities and the needs for certain individual characteristics that include geographic location, gender, race, occupation, and experience.

Subd. 4.

Recommendations.

Except for seats filled under sections 136F.04 and 136F.045, the advisory council shall recommend at least two and not more than four candidates for each seat. By April 15 of each even-numbered year in which the governor makes appointments to the board, the advisory council shall submit its recommendations to the governor and to the chairs and ranking minority members of the legislative committees with primary jurisdiction over higher education policy and finance. The governor is not bound by these recommendations.

Subd. 5.

Support services.

The Legislative Coordinating Commission shall provide administrative and support services for the advisory council.

201.091 REGISTERED VOTER LISTS; REPORTS; REGISTRATION PLACES.

Subd. 9.

Restricted data.

A list provided for public inspection or purchase, or in response to a law enforcement inquiry, must not include a voter's date of birth or any part of a voter's Social Security number, driver's license number, identification card number, military identification card number, or passport number.

326A.04 CERTIFICATE ISSUANCE AND RENEWAL; COMPETENCY STANDARD.

Subd. 11.

Automatic revocation.

The certificate of a person who fails to renew a certificate for more than two years after expiration or the certificate of a person who had not reported required experience to the board by January 1, 2003, and who fails to report the required experience under Minnesota Rules shall be automatically revoked by order of the board. The orders may be issued by the board without following the procedures of chapter 14, provided the board notifies each affected person by mail at the person's last known address on file with the board at least three days prior to the issuance of any order. No notice is required if the last communication sent by the board to a licensee was returned to the board by the United States Postal Service as undeliverable and with no forwarding address. Certificates revoked by the board may be reinstated, if at all, under section 326A.09. This subdivision does not apply to certified public accountants who have notified the board, according to requirements prescribed by board rule, that they will not use the CPA designation in any manner and will not provide professional services.

645.071 STANDARD OF TIME.

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

Repealed Minnesota Rule: S3975-1

7023.0150 SCOPE AND INCORPORATION BY REFERENCE.

Subpart 1.

Scope.

To reduce air pollution from vehicles in the state, parts 7023.0150 to 7023.0300 establish standards for low-emission vehicles and zero-emission vehicles.

Subp. 2.

Incorporation by reference.

California Code of Regulations, title 13, sections 1900, 1956.8(h) (medium-duty vehicle greenhouse gas emission standards only), 1961.2, 1961.3, 1962.2, 1962.3, 1965, 1968.2, 1976, 1978, 2035, 2037 to 2041, 2046, 2062, 2109, 2111 to 2121, 2122 to 2135, 2139, and 2141 to 2149, as amended, are incorporated by reference. The regulations are not subject to frequent change and are available online at https://oal.ca.gov/publications/ccr/.

Subp. 3.

Term substitutions.

In applying the incorporated sections of the California Code of Regulations, unless the context requires otherwise:

A.

"California" means "Minnesota";

B.

"CARB," "ARB," or "Air Resources Board" means the agency; and

C.

"Executive Officer" means the commissioner.

Subp. 4.

Effective date.

Parts 7023.0150 to 7023.0300, except part 7023.0300, subpart 4, are effective on the date given in a commissioner's notice published in the State Register after the standards incorporated by reference in subpart 2 are granted a waiver by the U.S. Environmental Protection Agency under United States Code, title 42, section 7543. The commissioner's notice must also designate the first effective model year in accordance with United States Code, title 42, section 7507.

7023.0200 DEFINITIONS.

Subpart 1.

Applicability.

For parts 7023.0150 to 7023.0300, the terms in this part have the meanings given. The definitions in parts 7000.0100 and 7005.0100 and California Code of Regulations, title 13, section 1900, apply to parts 7023.0150 to 7023.0300 unless the terms are otherwise defined in this part.

Subp. 2.

Authorized emergency vehicle.

"Authorized emergency vehicle" has the meaning given in Minnesota Statutes, section 169.011.

Subp. 3.

CARB.

"CARB" means the California State Air Resources Board as defined in California Health and Safety Code, division 26, part 1, chapter 1, section 39003.

Subp. 4.

First effective model year.

"First effective model year" means the first model year for which the standards adopted in parts 7023.0150 to 7023.0300 are effective according to the commissioner's notice under part 7023.0150, subpart 4.

Subp. 5.

Light-duty truck.

"Light-duty truck" has the meaning given under California Code of Regulations, title 13, section 1900(b)(11).

Subp. 6.

Medium-duty passenger vehicle.

"Medium-duty passenger vehicle" has the meaning given under California Code of Regulations, title 13, section 1900(b)(12).

Subp. 7.

Medium-duty vehicle.

"Medium-duty vehicle" has the meaning given under California Code of Regulations, title 13, section 1900(b)(13).

Subp. 8.

Military tactical vehicle.

"Military tactical vehicle" means a land combat or transportation vehicle, excluding a rail-based vehicle, that is designed for and used by a branch of the United States armed forces or used as an authorized emergency vehicle by or for a governmental agency.

Subp. 9.

Model year.

"Model year" means the manufacturer's annual production period that includes January 1 of a calendar year or, if the manufacturer has no annual production period, the calendar year. The model year for a motor vehicle manufactured in two or more stages is the model year in which the chassis is completed.

Subp. 10.

Motor vehicle manufacturer.

"Motor vehicle manufacturer" means a small, independent low, intermediate, or large volume manufacturer as defined under California Code of Regulations, title 13, section 1900(b)(8), (9), (10), and (22).

Subp. 11.

New motor vehicle.

"New motor vehicle" means a first effective model year or later model year motor vehicle with less than 7,500 miles of use accumulated as of the date of sale or lease.

Subp. 12.

Passenger car.

"Passenger car" has the meaning given under California Code of Regulations, title 13, section 1900(b)(17).

Subp. 13.

Transitional zero-emission vehicle or TZEV.

"Transitional zero-emission vehicle" or "TZEV" has the meaning given under California Code of Regulations, title 13, section 1962.2(c).

Subp. 14.

Used motor vehicle.

"Used motor vehicle" means a first effective model year or later model year motor vehicle with 7,500 miles or more of use accumulated as of the date of sale or lease.

Subp. 15.

Zero-emission vehicle or ZEV.

"Zero-emission vehicle" or "ZEV" has the meaning given under California Code of Regulations, title 13, section 1962.2(a).

7023.0250 LOW-EMISSION VEHICLE STANDARDS.

Subpart 1.

Requirement.

Beginning with the first effective model year, all of the following that are produced by a motor vehicle manufacturer and delivered for sale or lease in the state must be certified to the standards incorporated by reference under part 7023.0150, subpart 2, except as provided under subpart 2:

A.

new motor vehicles that are passenger cars, light-duty trucks, medium-duty passenger vehicles, and medium-duty vehicles;

B.

new light- or medium-duty motor vehicle engines; and

C.

motor vehicles with a new motor vehicle engine.

Subp. 2.

Exceptions.

This part does not apply to:

A.

a used motor vehicle;

B.

a new motor vehicle sold to another dealer;

C.

a new motor vehicle sold to be wrecked or dismantled;

D.

a new motor vehicle sold exclusively for off-highway use;

E.

a new motor vehicle sold for registration out-of-state;

F.

a new motor vehicle that has been certified to standards adopted under authority granted in United States Code, title 42, section 7521, and that is in the possession of a rental agency in the state and that is next rented with a final destination outside of the state;

G.

an authorized emergency vehicle;

H.

a military tactical vehicle;

I.

a new motor vehicle transferred by inheritance;

J.

a new motor vehicle transferred by court decree;

K.

a new motor vehicle acquired by a state resident to replace a motor vehicle that was registered to the resident and that, while out of state, was damaged, became inoperative beyond reasonable repair, or was stolen if the replacement motor vehicle is acquired out of state at the time the previously owned vehicle was damaged, became inoperative, or was stolen; or

L.

a new motor vehicle purchased and registered in another state by a person who is a resident of that state and who subsequently establishes residency in Minnesota. Upon registering the new motor vehicle in Minnesota, the person must provide evidence to the commissioner of the previous residence and registration.

Subp. 3.

Fleet average emissions.

A.

For first effective model year motor vehicles and all subsequent model year motor vehicles to which this part applies, a motor vehicle manufacturer must not exceed the fleet average nonmethane organic gas plus oxides of nitrogen emission values under California Code of Regulations, title 13, section 1961.2. Credits and debits may be accrued and used based on a manufacturer's sales in the state of motor vehicles subject to this part according to California Code of Regulations, title 13, section 1961.2(c).

B.

For first effective model year motor vehicles and all subsequent model year motor vehicles to which this part applies, a motor vehicle manufacturer must not exceed the fleet average greenhouse gas exhaust emission values under California Code of Regulations, title 13, section 1961.3. For first effective model year motor vehicles and all subsequent model year motor vehicles, manufacturers of medium-duty vehicles produced by a motor vehicle manufacturer and delivered for sale or lease in the state must not exceed the greenhouse gas emission standards under California Code of Regulations, title 13, section 1956.8(h)(6). Credits and debits may be accrued and used based on a manufacturer's sales in the state of motor vehicles subject to this part according to California Code of Regulations, title 13, section 1961.3.

Subp. 4.

Environmental performance labels.

Beginning with the first effective model year and all subsequent model years, all new motor vehicles subject to this part produced by a motor vehicle manufacturer and delivered for sale or lease in the state must be affixed with emission control labels and environmental performance labels according to California Code of Regulations, title 13, section 1965.

Subp. 5.

Warranty requirements.

For all motor vehicles subject to this part, the motor vehicle manufacturer must provide defect warranty coverage that complies with California Code of Regulations, title 13, sections 2035, 2037 to 2041, and 2046.

Subp. 6.

Recall requirements.

For all motor vehicles subject to this part and subject to recall in California, the motor vehicle manufacturer must undertake a recall campaign in this state according to California Code of Regulations, title 13, sections 2111 to 2121 and 2122 to 2135, unless the manufacturer demonstrates to the commissioner that the recall is not applicable to motor vehicles registered in Minnesota.

Subp. 7.

Reporting requirements.

A.

By May 1 of the calendar year after the end of the model year, a motor vehicle manufacturer must annually submit to the commissioner a report demonstrating that the motor vehicle manufacturer has met the requirements of subpart 3, item A, for its fleet delivered for sale in the state.

B.

By May 1 of the calendar year after the end of the model year, a motor vehicle manufacturer must annually submit to the commissioner a report demonstrating that the motor vehicle manufacturer has met the requirements of subpart 3, item B, for its fleet delivered for sale in the state.

C.

If requested by the commissioner, a motor vehicle manufacturer must provide reports in the same format as provided to CARB on all assembly-line emission testing and functional test results collected as a result of compliance with this part, warranty claim reports, recall reports, and any other reports required by CARB under the regulations incorporated by reference under part 7023.0150. The reports must be supplemented with data on motor vehicles delivered for sale or registered in Minnesota.

D.

If the commissioner deems it necessary to administer and enforce this part, the commissioner must require a motor vehicle manufacturer subject to this part to submit additional documentation, including all certification materials submitted to CARB.

Subp. 8.

Record availability and retention; reporting noncompliance.

A.

Upon oral or written request of the commissioner, a person subject to this part must furnish to the commissioner or allow the commissioner to access and copy all records that relate to the motor vehicles that are subject to this part and that are relevant for determining compliance with this part. Unless otherwise specified, a person subject to this part must retain all relevant records for at least five years after creating the records.

B.

If a report issued by a motor vehicle manufacturer under subpart 7 demonstrates noncompliance with the fleet average under subpart 3 for a model year, the manufacturer must, within 60 days, file a report with the commissioner to document the noncompliance. The report must identify all motor vehicle models delivered for sale or lease in the state, the models' corresponding certification standards, and the percentage of each model delivered for sale in this state and California in relation to total fleet sales in the respective state.

7023.0300 ZERO-EMISSION VEHICLE STANDARDS.

Subpart 1.

Requirement.

Beginning with the first effective model year, a motor vehicle manufacturer's sales fleet of passenger cars and light-duty trucks produced by motor vehicle manufacturers and delivered for sale or lease in the state must contain at least the same applicable percentage of ZEVs required under California Code of Regulations, title 13, section 1962.2.

Subp. 2.

Credit bank; reporting requirements; record availability and retention.

A.

Beginning in the first effective model year, a motor vehicle manufacturer subject to this part must open an account in the California ZEV credit system for banking credits earned in Minnesota. The account must be opened no later than March 1 of the calendar year after the end of the first effective model year. A motor vehicle manufacturer must notify the commissioner within 30 days of opening an account in the California ZEV credit system for the manufacturer's Minnesota ZEV credits.

B.

At least annually by May 1 of the calendar year after the close of a model year, a motor vehicle manufacturer must submit a report to the commissioner that identifies the necessary delivery and placement data of all motor vehicles generating ZEV credits and all transfers and acquisitions of ZEV credits, according to California Code of Regulations, title 13, section 1962.2. The report may be amended based on late sales.

C.

Upon oral or written request of the commissioner, a person subject to this part must furnish to the commissioner or allow the commissioner to access and copy all records that relate to the motor vehicles that are subject to this part and that are relevant for determining compliance with this part. Unless otherwise specified, a person subject to this part must retain all relevant records for at least five years after creating the records.

Subp. 3.

Requirement to make up ZEV deficit.

A motor vehicle manufacturer that delivers for sale in the state fewer ZEVs or TZEVs than required to meet its ZEV credit obligation in a given model year must make up the deficit by submitting a commensurate amount of ZEV credits to the commissioner according to California Code of Regulations, title 13, section 1962.2(g)(7). The number of motor vehicles not meeting the ZEV credit obligation must be equal to the manufacturer's credit deficit, rounded to the nearest 1/100th and calculated according to the equation in California Code of Regulations, title 13, section 1962.2(g)(8).

Subp. 4.

Early-action credits.

A.

Beginning with model year 2022 and ending at the beginning of the first effective model year, a motor vehicle manufacturer may earn early-action ZEV credits for delivering ZEVs for sale in the state. A motor vehicle manufacturer choosing to earn early-action ZEV credits under this subpart must notify the commissioner to open an account to track early-action ZEV credits in Minnesota no later than March 1 of the calendar year after the close of the first model year for which the manufacturer intends to accrue early-action credits.

B.

New motor vehicles delivered for sale in the state under this subpart earn early-action ZEV credits with the same values established in California Code of Regulations, title 13, section 1962.2.

C.

A motor vehicle manufacturer that notifies the commissioner under item A must submit a report to the commissioner at least annually by May 1 of the calendar year after the close of the model year that identifies the necessary delivery and placement data of all motor vehicles generating early-action ZEV credits under this subpart, according to California Code of Regulations, title 13, section 1962.2. The report may be amended based on late sales.

D.

After the reporting deadline under item C during the first effective model year and after receiving notice from a motor vehicle manufacturer under subpart 2, item A, the commissioner must load the ZEV credits earned by the motor vehicle manufacturer under this subpart into the manufacturer's California ZEV credit system account.

E.

This subpart is effective beginning with a motor vehicle manufacturer's model year 2022.

Subp. 5.

Onetime credit allotment.

A.

For the first effective model year, the commissioner must deposit into each motor vehicle manufacturer's account a credit allotment equivalent to the first effective model year's ZEV credit requirement for that motor vehicle manufacturer.

B.

The credit amount under item A must be calculated for the first effective model year according to California Code of Regulations, title 13, section 1962.2(b)(1)(A) and (B).

C.

The commissioner must deposit the onetime credit allotment at the same time that the commissioner loads the ZEV credits earned by the motor vehicle manufacturer under subpart 4, item D, into the manufacturer's California ZEV credit system account.