STATE OF
MINNESOTA
NINETY-FIRST
SESSION - 2019
_____________________
THIRTY-NINTH
DAY
Saint Paul, Minnesota, Tuesday, April 23, 2019
The House of Representatives convened at 9:00
a.m. and was called to order by Melissa Hortman, Speaker of the House.
Prayer was offered by the Reverend Kevin
Schill, Good Samaritan United Methodist Church, Edina, Minnesota.
The members of the House gave the pledge
of allegiance to the flag of the United States of America.
The roll was called and the following
members were present:
Acomb
Albright
Anderson
Backer
Bahner
Bahr
Baker
Becker-Finn
Bennett
Bernardy
Bierman
Boe
Brand
Cantrell
Carlson, A.
Carlson, L.
Christensen
Claflin
Considine
Daniels
Daudt
Davids
Davnie
Dehn
Demuth
Dettmer
Drazkowski
Ecklund
Edelson
Elkins
Erickson
Fabian
Fischer
Franson
Freiberg
Garofalo
Gomez
Green
Grossell
Gruenhagen
Gunther
Haley
Halverson
Hamilton
Hansen
Hassan
Hausman
Heinrich
Heintzeman
Her
Hertaus
Hornstein
Howard
Huot
Johnson
Jurgens
Klevorn
Koegel
Kotyza-Witthuhn
Koznick
Kresha
Kunesh-Podein
Layman
Lee
Lesch
Liebling
Lien
Lillie
Lippert
Lislegard
Loeffler
Long
Lucero
Lueck
Mahoney
Mann
Mariani
Marquart
Masin
McDonald
Mekeland
Miller
Moller
Moran
Morrison
Munson
Murphy
Nash
Nelson, M.
Nelson, N.
Neu
Noor
Nornes
Olson
O'Neill
Pelowski
Persell
Petersburg
Pierson
Pinto
Poppe
Poston
Pryor
Quam
Richardson
Robbins
Runbeck
Sandell
Sandstede
Sauke
Schomacker
Schultz
Scott
Stephenson
Sundin
Swedzinski
Tabke
Theis
Torkelson
Urdahl
Vang
Vogel
Wagenius
Wazlawik
West
Winkler
Wolgamott
Xiong, J.
Xiong, T.
Youakim
Zerwas
Spk. Hortman
A quorum was present.
Kiel was excused until 6:25 p.m.
The Chief Clerk proceeded to read the
Journal of the preceding day. There
being no objection, further reading of the Journal was dispensed with and the
Journal was approved as corrected by the Chief Clerk.
PETITIONS
AND COMMUNICATIONS
The following communications were
received:
STATE OF
MINNESOTA
OFFICE OF
THE GOVERNOR
SAINT PAUL
55155
April 12,
2019
The
Honorable Melissa Hortman
Speaker
of the House of Representatives
The
State of Minnesota
Dear Speaker Hortman:
Please be advised that I have received,
approved, signed, and deposited in the Office of the Secretary of State the
following House Files:
H. F. No. 608, relating
to local government; amending the St. Louis County Civil Service
Commission; making technical changes; removing obsolete language.
H. F. No. 50, relating
to transportation; prohibiting use of cell phones while driving under specified
circumstances.
H. F. No. 679, relating
to human services; amending the effective date for children's residential
treatment payment provisions; appropriating money.
Sincerely,
Tim
Walz
Governor
STATE OF
MINNESOTA
OFFICE OF
THE SECRETARY OF STATE
ST. PAUL
55155
The Honorable Melissa Hortman
Speaker of the House of
Representatives
The Honorable Jeremy R. Miller
President of the Senate
I have the honor to inform you that the
following enrolled Acts of the 2019 Session of the State Legislature have been
received from the Office of the Governor and are deposited in the Office of the
Secretary of State for preservation, pursuant to the State Constitution,
Article IV, Section 23:
S. F. No. |
H. F. No. |
Session Laws Chapter No. |
Time and Date Approved 2019 |
Date Filed 2019 |
131 7 3:10
p.m. April 11 April 11
584 8 3:10
p.m. April 11 April 11
608 9 1:35 p.m. April 12 April
12
1339 10 3:39
p.m. April 12 April 12
50 11 10:23
a.m. April 12 April 12
679 12 1:35
p.m. April 12 April 12
Sincerely,
Steve
Simon
Secretary
of State
REPORTS OF
STANDING COMMITTEES AND DIVISIONS
Carlson, L., from the Committee on Ways and Means to which was referred:
H. F. No. 1487, A bill for an act relating to elections; making technical and policy changes to provisions related to elections administration including provisions related to voting, voter registration, polling places, ballots, recounts, contests, candidates, and various other election-related provisions; amending Minnesota Statutes 2018, sections 5B.06; 201.071, subdivisions 1, 2, 3, 8; 201.12, subdivision 2; 201.121, subdivision 3; 201.13, subdivision 3; 201.1611, subdivision 1; 201.225, subdivision 2; 202A.16, subdivision 1; 203B.04, subdivision 1; 203B.081, subdivisions 1, 2; 203B.12, subdivision 7; 203B.121, subdivision 4; 203B.16, subdivision 2; 203B.24, subdivision 1; 204B.06, subdivision 4a; 204B.09, subdivisions 1, 3; 204B.16, subdivision 1; 204B.19, subdivision 6; 204B.21, subdivision 2; 204B.36, subdivision 2; 204B.45, subdivision 2; 204B.46; 204C.05, subdivisions 1a, 1b; 204C.21, subdivision 1; 204C.27; 204C.33, subdivision 3; 204C.35, subdivision 3, by adding a subdivision; 204C.36, subdivision 1; 204D.08, subdivision 4; 204D.13, subdivision 1; 204D.27, subdivision 5; 204D.28, subdivisions 9, 10; 205.13, subdivision 5; 205A.10, subdivision 5; 205A.12, subdivision 5; 206.89, subdivisions 4, 5; 206.90, subdivision 6; 207A.12; 207A.14, subdivision 2; 209.021, subdivision 2; 211B.11, subdivision 1; 367.03, subdivision 6; 367.25, subdivision 1; 412.02, subdivision 2a; 447.32, subdivision 4.
Reported the same back with the recommendation that the bill be placed on the General Register.
The
report was adopted.
Carlson, L., from the Committee on Ways and Means to which was referred:
H. F. No. 1543, A bill for an act relating to human services; modifying background study set aside criteria; amending Minnesota Statutes 2018, sections 144.057, subdivision 3; 245C.02, by adding a subdivision; 245C.22, subdivisions 4, 5.
Reported the same back with the following amendments:
Page 3, after line 3, insert:
"(4) the individual is not disqualified for convictions of the following offenses: sections 609.2325 (criminal abuse of a vulnerable adult); 609.2335 (financial exploitation of a vulnerable adult); 609.2664 (manslaughter of an unborn child in the first degree); 609.2665 (manslaughter of an unborn child in the second degree); 609.267 (assault of an unborn child in the first degree); 609.2671 (assault of an unborn child in the second degree); 609.268 (injury or death of an unborn child in the commission of a crime); 609.498, subdivision 1 or 1b (tampering with a witness in the first degree or aggravated first-degree tampering with a witness); and repeat offenses under 617.241 (obscene materials and performances; distribution and exhibition prohibited; penalty);"
Page 3, line 4, delete "(4)" and insert "(5)"
Page 3, line 8, delete "(5)" and insert "(6)"
Page 3, line 11, delete "(6)" and insert "(7)"
With the recommendation that when so amended the bill be placed on the General Register.
The
report was adopted.
Carlson, L., from the Committee on Ways and Means to which was referred:
H. F. No. 1581, A bill for an act relating to agriculture; appropriating money for farmer mental health counseling; canceling an appropriation.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. CANCELLATION.
Of the amount appropriated to the
commissioner of agriculture for the agricultural growth, research, and
innovation program for fiscal year 2019 in Laws 2017, chapter 88, article 1,
section 2, subdivision 4, $100,000 is canceled to the general fund.
Sec. 2. APPROPRIATION.
(a) $100,000 in fiscal year 2019 is
appropriated from the general fund to the commissioner of agriculture for the
following purposes:
(1) $15,000 is for transfer to the
Board of Trustees of the Minnesota State Colleges and Universities to increase
compensation for the counselor currently providing statewide mental health
counseling support to farm families and business operators through the
Minnesota State Agricultural Centers of Excellence. South Central College and Central Lakes
College shall serve as the fiscal agents;
(2) $40,000 is for transfer to the
Board of Trustees of the Minnesota State Colleges and Universities to provide
additional statewide mental health counseling support to farm families and
business operators through the Minnesota State Agricultural Centers of
Excellence. South Central College and
Central Lakes College shall serve as the fiscal agents;
(3)
$30,000 is for farmer mental health marketing and training coordination; and
(4) $15,000 is to increase funding for
farm advocate services and farmer-lender mediators.
(b) This is a onetime appropriation.
Sec. 3. INTERPRETATION.
If a cancellation or an appropriation in
this act is enacted more than once in the 2019 legislative session, the
cancellation or appropriation is to be given effect only once.
Sec. 4. EFFECTIVE
DATE.
This act is effective the day following final enactment."
Delete the title and insert:
"A bill for an act relating to agriculture; appropriating money to address farmer mental health and for farm advocate services and farmer-lender mediators; canceling an appropriation."
With the recommendation that when so amended the bill be placed on the General Register.
The
report was adopted.
Carlson, L., from the Committee on Ways and Means to which was referred:
H. F. No. 1935, A bill for an act relating to state government; modifying certain administrative law judge salaries; amending Minnesota Statutes 2018, section 15A.083, subdivision 6a.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"ARTICLE 1
STATE GOVERNMENT APPROPRIATIONS
Section 1. APPROPRIATIONS. |
The sums shown in the columns marked "Appropriations"
are appropriated to the agencies and for the purposes specified in this article. The appropriations are from the general fund,
or another named fund, and are available for the fiscal years indicated for
each purpose. The figures
"2020" and "2021" used in this article mean that the
appropriations listed under them are available for the fiscal year ending June
30, 2020, or June 30, 2021, respectively.
"The first year" is fiscal year 2020. "The second year" is fiscal year
2021. "The biennium" is fiscal
years 2020 and 2021.
|
|
|
APPROPRIATIONS |
||
|
|
|
Available for the Year |
||
|
|
|
Ending June 30 |
||
|
|
|
2020 |
2021 |
|
Sec. 2. LEGISLATURE
|
|
|
|
|
The amounts that may be spent for each
purpose are specified in the following subdivisions.
Subd. 2. Senate
|
|
32,105,000 |
|
32,105,000 |
Subd. 3. House
of Representatives |
|
37,420,000 |
|
38,857,000 |
Subd. 4. Legislative
Coordinating Commission |
|
19,144,000 |
|
21,258,000 |
Appropriations
by Fund |
||
General |
19,016,000
|
21,130,000
|
Health Care Access |
128,000
|
128,000
|
(a) $161,000 the first year and $156,000
the second year are to support the Office on the Economic Status of Women and
other duties under Minnesota Statutes, section 3.303, subdivision 7.
(b) $140,000 the first year and $1,039,000
the second year are to implement the accessibility standards established in Minnesota
Statutes, section 3.199, including support for the working group on the
legislature's accessibility measures established in article 2. The base for this appropriation is $780,000
each year beginning in fiscal year 2022.
(c) $218,000 the second year is for the
Redistricting Advisory Commission established in Minnesota Statutes, section
2.032. The base for the commission is
$190,000 in fiscal year 2022 and $0 in fiscal year 2023.
(d) $135,000 the first year and $130,000
the second year are for the Legislative Commission on Data Practices and
Personal Data Privacy.
(e) $10,000 each year is for purposes of
the legislators' forum, through which Minnesota legislators meet with
counterparts from South Dakota, North Dakota, and Manitoba to discuss issues of
mutual concern.
Legislative
Auditor. $7,205,000 the first
year and $7,596,000 the second year are for the Office of the Legislative
Auditor.
Revisor
of Statutes. $6,768,000 the
first year and $7,207,000 the second year are for the Office of the Revisor of
Statutes.
Legislative
Reference Library. $1,664,000
the first year and $1,775,000 the second year are for the Legislative Reference
Library.
Sec. 3.
GOVERNOR AND LIEUTENANT
GOVERNOR |
$3,972,000 |
|
$3,972,000 |
(a) This appropriation is to fund the
Office of the Governor and Lieutenant Governor.
(b) $350,000 each year is for the Office of
Public Engagement.
(c) Up to $19,000 each year is for
necessary expenses in the normal performance of the governor's and lieutenant
governor's duties for which no other reimbursement is provided.
Sec. 4. STATE
AUDITOR |
|
$10,669,000 |
|
$10,943,000 |
Sec. 5. ATTORNEY
GENERAL |
|
$26,681,000 |
|
$27,740,000 |
Appropriations
by Fund |
||
|
2020
|
2021
|
General |
23,822,000
|
24,824,000
|
State Government Special Revenue |
2,464,000
|
2,521,000
|
Environmental |
145,000
|
145,000
|
Remediation |
250,000
|
250,000
|
Sec. 6. SECRETARY
OF STATE |
|
$7,525,000 |
|
$7,411,000 |
$163,000 the first year is transferred from
the general fund to the Help America Vote Act account under Minnesota Statutes,
section 5.30, and is credited to the state match requirement of the Omnibus
Appropriations Act of 2018, Public Law 115-1410, and the Help America Vote Act
of 2002, Public Law 107-252, section 101.
This is a onetime appropriation.
Sec. 7. CAMPAIGN
FINANCE AND PUBLIC DISCLOSURE BOARD |
$1,173,000 |
|
$1,123,000 |
$50,000 the first year is for updates to
the Campaign Finance Reporter application.
This is a onetime appropriation.
Sec. 8. STATE
BOARD OF INVESTMENT |
|
$139,000 |
|
$139,000 |
Sec. 9. ADMINISTRATIVE
HEARINGS |
|
$8,231,000 |
|
$8,231,000 |
Appropriations
by Fund |
||
|
2020
|
2021
|
General |
400,000
|
400,000
|
Workers' Compensation |
7,831,000
|
7,831,000
|
$263,000 each year is for municipal
boundary adjustments.
Sec. 10. OFFICE
OF MN.IT SERVICES |
|
$17,379,000 |
|
$12,079,000 |
(a) $12,650,000 the first year and
$7,350,000 the second year are for enhancements to cybersecurity across state
government. The base for this
appropriation in fiscal years 2022 and 2023 is $7,347,000 each year.
(b) $2,050,000 each year is to expand the
state information technology project portfolio and project management oversight
across state government. The base for
this appropriation in fiscal years 2022 and 2023 is $1,200,000 each year.
(c) The commissioner of management and
budget is authorized to provide cash flow assistance of up to $50,000,000 from
the special revenue fund or other statutory general funds as defined in
Minnesota Statutes, section 16A.671, subdivision 3, paragraph (a), to the
Office of MN.IT Services for the purpose of managing revenue and expenditure
differences. These funds shall be repaid
with interest by the end of the fiscal year 2021 closing period.
(d) During the biennium ending June 30,
2021, the Office of MN.IT Services must not charge fees to a public
noncommercial educational television broadcast station eligible for funding
under Minnesota Statutes, chapter 129D, for access to state broadcast
infrastructure. If the access fees not
charged to public noncommerical educational television broadcast stations total
more than $400,000 for the biennium, the office may charge for access fees in
excess of that amount.
Sec. 11. ADMINISTRATION
|
|
|
|
|
Subdivision
1. Total Appropriation |
|
$28,826,000 |
|
$25,661,000 |
The amounts that may be spent for each
purpose are specified in the following subdivisions.
Subd. 2. Government
and Citizen Services |
|
11,983,000
|
|
10,013,000
|
(a) $100,000 each year is for website accessibility
grants under Minnesota Statutes, section 16B.90.
(b) $30,000 the second year is for the
Capitol flag program established in Minnesota Statutes, section 16B.276. This is a onetime appropriation and is
available until June 30, 2023.
Council
on Developmental Disabilities. $74,000
each year is for the Council on Developmental Disabilities.
Office
of State Procurement. $2,862,000
each year is for the Office of State Procurement.
Of this amount, $441,000 each year is for
the state match to the Procurement Technical Assistance Center. This is a onetime appropriation. The base for the Office of State Procurement
is $2,421,000 in fiscal year 2022 and each year thereafter.
State
Demographer. $2,739,000 the
first year and $739,000 the second year are for the state demographer. Of this amount, $2,000,000 the first year is
for Minnesota Census 2020 mobilization, including the grant program required
under article 2.
State
Historic Preservation Office. $527,000
each year is for the State Historic Preservation Office.
Subd. 3. Strategic
Management Services |
|
2,671,000 |
|
2,651,000 |
Subd. 4. Fiscal
Agent |
|
14,172,000 |
|
12,997,000 |
In-Lieu
of Rent. $9,391,000 each year
is for space costs of the legislature and veterans organizations, ceremonial
space, and statutorily free space.
Public
Television. (a) $1,550,000
each year is for matching grants for public television.
(b) $250,000 each year is for public
television equipment grants under Minnesota Statutes, section 129D.13.
(c) The commissioner of administration
must consider the recommendations of the Minnesota Public Television
Association before allocating the amounts appropriated in paragraphs (a) and
(b) for equipment or matching grants.
Public
Radio. (a) $492,000 each year
is for community service grants to public educational radio stations. This appropriation may be used to disseminate
emergency information in foreign languages.
(b) $142,000 each year is for equipment
grants to public educational radio stations.
This appropriation may be used for the repair, rental, and purchase of
equipment including equipment under $500.
(c) $510,000 each year is for equipment
grants to Minnesota Public Radio, Inc., including upgrades to Minnesota's
Emergency Alert and AMBER Alert Systems.
(d) The appropriations in paragraphs (a)
to (c) may not be used for indirect costs claimed by an institution or
governing body.
(e)
The commissioner of administration must consider the recommendations of the
Association of Minnesota Public Educational Radio Stations before awarding
grants under Minnesota Statutes, section 129D.14, using the appropriations in
paragraphs (a) and (b). No grantee is
eligible for a grant unless they are a member of the Association of Minnesota
Public Educational Radio Stations on or before July 1, 2019.
(f) $75,000 the first year is for a grant
to the Association of Minnesota Public Educational Radio Stations for statewide
programming to promote the Veterans' Voices program. The grant must be used to educate and engage
communities regarding veterans' contributions, knowledge, skills, and
experiences with an emphasis on Korean War veterans.
(g) Any unencumbered balance remaining the
first year for grants to public television or public radio stations does not
cancel and is available for the second year.
(h) $1,600,000 the first year is for
grants to Twin Cities Public Television and to the Association of Minnesota
Public Educational Radio Stations to produce the Beyond Opioids Project in
collaboration with the stations of the Minnesota Public Television Association. Seventy percent of this appropriation must be
for a grant to Twin Cities Public Television and 30 percent must be for a grant
to the Association of Minnesota Public Educational Radio Stations. The commissioner of administration may use up
to five percent of the total appropriation under this paragraph for
administrative costs.
(i) $162,000 each year is for transfer to
the Minnesota Film and TV Board. The
appropriation in each year is available only upon receipt by the board of $1 in
matching contributions of money or in-kind contributions from nonstate sources
for every $3 provided by this appropriation, except that each year up to
$50,000 is available on July 1 even if the required matching contribution has
not been received by that date. Beginning
in fiscal year 2022, these amounts are added to the base for the Film and TV
Board in the Department of Employment and Economic Development.
Sec. 12. CAPITOL
AREA ARCHITECTURAL AND PLANNING BOARD |
$351,000 |
|
$351,000 |
Sec. 13. MINNESOTA
MANAGEMENT AND BUDGET |
$33,223,000 |
|
$27,591,000 |
(a) $1,168,000 the first year and $868,000
the second year are for efforts to support enhanced sexual harassment
prevention activities, to support the Office of Inclusion and Equity, to fund
state workforce recruitment activities, and to implement a statewide
compensation study.
(b)
$205,000 the first year and $252,000 the second year are to enhance capacity to
provide legislators, executive branch officials, local governments, and other
Minnesota stakeholders access to data-driven information.
(c) $5,500,000 the first year is for
system security and risk management. This
is a onetime appropriation.
Sec. 14. REVENUE
|
|
|
|
|
Subdivision
1. Total Appropriation |
|
$165,005,000 |
|
$167,204,000 |
Appropriations
by Fund |
||
|
2020
|
2021
|
General |
160,745,000
|
162,944,000
|
Health Care Access |
1,760,000
|
1,760,000
|
Highway User Tax Distribution |
2,195,000
|
2,195,000
|
Environmental |
305,000
|
305,000
|
Subd. 2. Tax
System Management |
|
136,190,000
|
|
137,892,000
|
Appropriations
by Fund |
||
|
2020
|
2021 |
General |
131,930,000
|
133,632,000
|
Health Care Access |
1,760,000
|
1,760,000
|
Highway User Tax Distribution |
2,195,000
|
2,195,000
|
Environmental |
305,000
|
305,000
|
Subd. 3. Debt
Collection Management |
|
28,815,000 |
|
29,312,000 |
Sec. 15. GAMBLING
CONTROL |
|
$3,472,000 |
|
$3,472,000 |
These appropriations are from the lawful
gambling regulation account in the special revenue fund.
Sec. 16. RACING
COMMISSION |
|
$913,000 |
|
$913,000 |
These appropriations are from the racing
and card playing regulation accounts in the special revenue fund.
Sec. 17. STATE
LOTTERY |
|
|
|
|
Notwithstanding
Minnesota Statutes, section 349A.10, subdivision 3, the State Lottery's operating budget must not
exceed $35,000,000 in fiscal year 2020 and $36,500,000 in fiscal year 2021.
Sec. 18. AMATEUR
SPORTS COMMISSION |
|
$1,266,000 |
|
$306,000 |
(a) $600,000 the first year is for grants
under Minnesota Statutes, section 240A.09, paragraph (b).
(b) $250,000 the first year is for grants
to reimburse local governments that made improvements between January 1, 2017,
and the effective date of this section that would have been eligible for grants
under Minnesota Statutes, section 240A.09, paragraph (b), if funding had been
available.
(c) $75,000 the first year is to determine
a site and plans for a new velodrome for track cycling.
Sec. 19. COUNCIL
FOR MINNESOTANS OF AFRICAN HERITAGE |
$681,000 |
|
$682,000 |
Sec. 20. COUNCIL
ON LATINO AFFAIRS |
|
$679,000 |
|
$685,000 |
Sec. 21. COUNCIL
ON ASIAN-PACIFIC MINNESOTANS |
$609,000 |
|
$616,000 |
Sec. 22. INDIAN
AFFAIRS COUNCIL |
|
$1,119,000 |
|
$1,106,000 |
$533,000 the first year and $520,000 the
second year are to implement Minnesota Statutes, section 307.08.
Sec. 23. MINNESOTA
HISTORICAL SOCIETY |
|
|
|
|
Subdivision
1. Total Appropriation |
|
$24,063,000 |
|
$24,213,000 |
The amounts that may be spent for each
purpose are specified in the following subdivisions.
Subd. 2. Operations
and Programs |
|
23,342,000 |
|
23,892,000 |
$395,000 each year is for digital
preservation and access to preserve and make available resources related to
Minnesota history.
Subd. 3. Fiscal
Agent |
|
|
|
|
(a) Global Minnesota |
|
39,000
|
|
39,000
|
(b) Minnesota Air National
Guard Museum |
|
17,000
|
|
17,000
|
(c) Minnesota Military Museum |
|
450,000 |
|
50,000 |
Of
these amounts, $400,000 the first year is to:
(1) care for, catalog, and display the recently acquired collection of the personal and professional effects belonging to General John W. Vessey, Minnesota's most decorated veteran; and
(2) conduct a statewide story-sharing
program to honor the distinct service of post 9/11 veterans in anticipation of
the 2021 anniversary.
(d) Farmamerica |
|
115,000
|
|
115,000
|
(e) Hockey Hall of Fame |
|
50,000
|
|
50,000
|
Any unencumbered balance remaining in this
subdivision the first year does not cancel but is available for the second year
of the biennium.
Sec. 24. BOARD
OF THE ARTS |
|
|
|
|
Subdivision
1. Total Appropriation |
|
$8,241,000 |
|
$7,541,000 |
The amounts that may be spent for each
purpose are specified in the following subdivisions.
Subd. 2. Operations
and Services |
|
1,302,000
|
|
602,000
|
$700,000 in the first year is for moving
and relocation expenses for the board. Moving
and relocation expenses are limited to the design and construction of new
leased office space; moving, installing and reconfiguring information
technology systems and audio visual equipment; purchasing and installing work
stations; and professional moving services necessary to complete the relocation. The board may use no more than $5,000 for
other miscellaneous services, provided that the services must be directly
related to the office relocation. On June
30, 2020, any unexpended amounts appropriated for moving and relocation
expenses cancel to the general fund.
Subd. 3. Grants
Program |
|
4,800,000 |
|
4,800,000 |
Subd. 4. Regional
Arts Councils |
|
2,139,000 |
|
2,139,000 |
Any unencumbered balance remaining in this
section the first year does not cancel, but is available for the second year.
Money appropriated in this section and
distributed as grants may only be spent on projects located in Minnesota. A recipient of a grant funded by an appropriation
in this section must not use more than five percent of the total grant for
costs related to travel outside the state of Minnesota.
Sec. 25. MINNESOTA
HUMANITIES CENTER |
|
$700,000 |
|
$700,000 |
$325,000 each year is for grants under
Minnesota Statutes, section 138.912. No
more than three percent of the appropriation may be used for the nonprofit
administration of the program. Beginning
in fiscal year 2022, these amounts are added to the base in the Department of
Agriculture.
Sec. 26. BOARD
OF ACCOUNTANCY |
|
$736,000 |
|
$667,000 |
$50,000 the first year is to update the
online permitting system. The base in
fiscal year 2023 is $657,000.
Sec. 27. BOARD
OF ARCHITECTURE ENGINEERING, LAND SURVEYING, LANDSCAPE ARCHITECTURE,
GEOSCIENCE, AND INTERIOR DESIGN |
$905,000 |
|
$851,000 |
$50,000 the first year is to update the
online permitting system. The base in
fiscal year 2022 is $831,000 and in fiscal year 2023 is $821,000.
Sec. 28. BOARD
OF COSMETOLOGIST EXAMINERS |
$2,916,000 |
|
$2,935,000 |
Sec. 29. BOARD
OF BARBER EXAMINERS |
|
$343,000 |
|
$343,000 |
Sec. 30. GENERAL
CONTINGENT ACCOUNTS |
|
$1,000,000 |
|
$500,000 |
Appropriations
by Fund |
||
|
2020
|
2021
|
General |
500,000
|
-0-
|
State Government Special Revenue |
400,000
|
400,000
|
Workers' Compensation |
100,000
|
100,000
|
(a) The appropriations in this section may
only be spent with the approval of the governor after consultation with the
Legislative Advisory Commission pursuant to
Minnesota Statutes, section 3.30.
(b) If an appropriation in this section for
either year is insufficient, the appropriation for the other year is available
for it.
(c) If a contingent account appropriation
is made in one fiscal year, it should be considered a biennial appropriation.
Sec. 31. TORT
CLAIMS |
|
$161,000 |
|
$161,000 |
These appropriations are to be spent by the
commissioner of management and budget according to Minnesota Statutes, section
3.736, subdivision 7. If the
appropriation for either year is insufficient, the appropriation for the other
year is available for it.
Sec. 32. MINNESOTA STATE RETIREMENT SYSTEM |
|
|
|
Subdivision
1. Total Appropriation |
|
$15,111,000 |
|
$15,151,000 |
The amounts that may be spent for each
purpose are specified in the following subdivisions.
Subd. 2. Combined Legislators and Constitutional Officers Retirement Plan |
9,111,000
|
|
9,151,000
|
Under Minnesota Statutes, sections 3A.03,
subdivision 2; 3A.04, subdivisions 3 and 4; and 3A.115.
If an appropriation in this section for
either year is insufficient, the appropriation for the other year is available
for it.
Subd. 3. Judges
Retirement Plan |
|
6,000,000
|
|
6,000,000
|
For transfer to the judges retirement fund
under Minnesota Statutes, section 490.123.
This transfer continues each fiscal year until the judges retirement
plan reaches 100 percent funding as determined by an actuarial valuation
prepared according to Minnesota Statutes, section 356.214.
Sec. 33. PUBLIC
EMPLOYEES RETIREMENT ASSOCIATION |
$20,500,000 |
|
$25,000,000 |
General employees retirement plan of the
Public Employees Retirement Association relating to the merged former MERF
division.
State payments from the general fund to
the Public Employees Retirement Association on behalf of the former MERF
division account are $16,000,000 on September 15, 2019, and $16,000,000 on
September 15, 2020.
These amounts are estimated to be needed
under Minnesota Statutes, section 353.505.
Sec. 34. TEACHERS
RETIREMENT ASSOCIATION |
$29,831,000 |
|
$29,831,000 |
The amounts estimated to be needed are as
follows:
Special
Direct State Aid. $27,331,000
each year is for special direct state aid
authorized under Minnesota Statutes, section 354.436.
Special
Direct State Matching Aid. $2,500,000
each year is for special direct state matching aid authorized under Minnesota
Statutes, section 354.435.
Sec. 35. ST. PAUL
TEACHERS RETIREMENT FUND |
$14,827,000 |
|
$14,827,000 |
The amounts estimated to be needed for
special direct state aid to the first class city teachers retirement fund
association authorized under Minnesota
Statutes, section 354A.12, subdivisions 3a and 3c.
Sec. 36. APPROPRIATION;
SECRETARY OF STATE; COURT ORDERED ATTORNEY FEES.
$1,290,000 is appropriated in fiscal
year 2019 from the general fund to the secretary of state for the payment of
attorney fees awarded by court order in Minnesota
Voters Alliance v. Mansky. This is a
onetime appropriation.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 37. CONTRACTS
FOR PROFESSIONAL OR TECHNICAL SERVICES.
(a) During the biennium ending June 30,
2021, the commissioner of management and budget must reduce total general fund
appropriations across all executive branch state agencies for planned
expenditures on contracts for professional or technical services by at least
$890,000. Contracts that provide
services to support client-facing health care workers, corrections officers, public
safety workers, mental health workers, and state cybersecurity systems;
contracts that support the enterprise resource planning system replacement at
the Minnesota State Colleges and Universities; and contracts that support
information technology systems or services that were not part of an agency's
base budget prior to the effective date of this act may not be reduced under
this paragraph.
(b) The commissioner of management and
budget, in consultation with the commissioner of administration, may authorize
an agency to exceed the expenditure restriction provided by this section if a
contract for professional or technical services is required to respond to an
emergency.
(c) For purposes of this section:
(1)
"professional or technical services" has the meaning given in
Minnesota Statutes, section 16C.08, subdivision 1;
(2) "emergency" has the
meaning given in Minnesota Statutes, section 16C.02, subdivision 6b; and
(3) "executive branch state
agency" has the meaning given in Minnesota Statutes, section 16A.011,
subdivision 12a, and includes the Minnesota State Colleges and
Universities.
Sec. 38. HELP
AMERICA VOTE ACT TRANSFERS AND APPROPRIATIONS; SECRETARY OF STATE.
(a) $6,595,610 is appropriated in
fiscal year 2019 from the HAVA account established in Minnesota Statutes,
section 5.30, to the secretary of state for the purposes of improving the
administration and security of elections as authorized by federal law. Use of the appropriation is limited to the
following activities:
(1) modernizing, securing, and updating
the statewide voter registration system and for cybersecurity upgrades as
authorized by federal law;
(2) improving accessibility;
(3) preparing training materials and
training local election officials; and
(4) implementing security improvements
for election systems.
(b)
Any amount earned in interest on the amount appropriated under paragraph (a) is
appropriated from the HAVA account to the secretary of state for purposes of
improving the administration and security of elections as authorized by federal
law.
(c) The appropriations under paragraphs
(a) and (b) are onetime and available until March 23, 2023.
(d) $167,000 expended by the secretary
of state in fiscal years 2018 and 2019 for increasing secure access to the
statewide voter registration system is deemed:
(1) to be money used for carrying out
the purposes authorized under the Omnibus Appropriations Act of 2018, Public
Law 115-1410, and the Help America Vote Act of 2002, Public Law 107-252,
section 101; and
(2) to be credited toward any match
required by those laws.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
ARTICLE 2
STATE GOVERNMENT OPERATIONS
Section 1.
[3.199] ACCESSIBILITY IN THE
LEGISLATURE'S INFORMATION TECHNOLOGY.
Subdivision 1. Definitions. (a) For purposes of this section, the
following term has the meaning given.
(b) "Responsible authority"
means:
(1) for the house of representatives,
the chief clerk of the house;
(2) for the senate, the secretary of
the senate;
(3) for the Office of the Revisor of
Statutes, the revisor of statutes;
(4) for the Office of the Legislative
Auditor, the legislative auditor;
(5) for the Legislative Reference
Library, the library director;
(6) for the Legislative Budget Office,
the director of the Legislative Budget Office; and
(7) for any entity administered by the
legislative branch not listed in clauses (1) to (6), the director of the
Legislative Coordinating Commission.
Subd. 2. Accessibility
standards; compliance. The
senate, the house of representatives, and joint legislative offices and
commissions must comply with accessibility standards adopted for state agencies
by the chief information officer under section 16E.03, subdivision 9, for
technology, software, and hardware procurement, unless the responsible
authority for a legislative body or office has approved an exception for a
standard for that body or office.
Subd. 3. Not
subject to MN.IT authority. The
chief information officer is not authorized to manage or direct compliance of
the legislature with accessibility standards.
EFFECTIVE
DATE. This section is
effective September 1, 2021.
Sec. 2. Minnesota Statutes 2018, section 3.8843, subdivision 7, is amended to read:
Subd. 7. Expiration. This section expires June 30, 2019
2026.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 3. Minnesota Statutes 2018, section 3.886, subdivision 6, is amended to read:
Subd. 6. Expiration. This section expires July 1, 2019 2025.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 4. [5.42]
DISPLAY OF BUSINESS ADDRESS ON WEBSITE.
(a) A business entity may request in
writing that all addresses submitted by the business entity to the secretary of
state be omitted from display on the secretary of state's website. A business entity may only request that all
addresses be omitted from display if the entity certifies that:
(1) there is only one shareholder,
member, manager, or owner of the business entity;
(2) the shareholder, manager, member, or
owner is a natural person; and
(3) at least one of the addresses
provided is the residential address of the sole shareholder, manager, member,
or owner.
The secretary of state shall post a notice that this option
is available and a link to the form needed to make a request on the secretary's
website. The secretary of state shall
also attach a copy of the request form to all business filing forms provided in
a paper format that require a business entity to submit an address.
(b) This section does not change the
classification of data under chapter 13 and addresses shall be made available
to the public in response to requests made by telephone, mail, email, and
facsimile transmission.
EFFECTIVE
DATE. This section is effective
August 1, 2019, and applies to business entity filings filed with the secretary
of state on or after that date.
Sec. 5. Minnesota Statutes 2018, section 15A.083, subdivision 6a, is amended to read:
Subd. 6a. Administrative
law judge; salaries. The salary of
the chief administrative law judge is 98.52 percent of the salary of a chief
district court judge. The salaries of
the assistant chief administrative law judge and administrative law judge
supervisors are 93.60 100 percent of the salary of a chief
district court judge. The salary of an
administrative law judge employed by the Office of Administrative Hearings is
98.52 percent of the salary of a district court judge as set under section
15A.082, subdivision 3.
EFFECTIVE
DATE. This section is
effective July 1, 2019.
Sec. 6. Minnesota Statutes 2018, section 16A.013, is amended by adding a subdivision to read:
Subd. 1a. Opportunity
to make gifts via website. The
commissioner of management and budget must maintain a secure website which permits
any person to make a gift of money electronically for any purpose authorized by
subdivision 1. Gifts made using the
website are subject to all other requirements of this section, sections 16A.014
to 16A.016, and any other applicable law governing the receipt of gifts by the
state and the purposes for which a gift may be used. The website must include historical data on
the total amount of gifts received using the site, itemized by month.
Sec. 7. [16A.1335]
EMPLOYEE SALARIES AND BENEFITS IN EVENT OF STATE GOVERNMENT SHUTDOWN.
Subdivision 1. Definition. As used in this section,
"government shutdown" means that, as of July 1 of an odd‑numbered
year, legislation appropriating money for the general operations of:
(1) an executive agency;
(2) an office or department of the
legislature, including each house of the legislature and the Legislative
Coordinating Commission; or
(3) a judicial branch agency or
department, including a court;
has not been enacted for the biennium beginning July 1 of
that year.
Subd. 2. Payment
required. Notwithstanding
section 16A.17, subdivision 8, state employees must be provided payment for
lost salary and benefits resulting from their absence from work during a
government shutdown. An employee is
eligible for a payment under this section only upon the employee's return to
work.
Subd. 3. Appropriation;
limitation. (a) In the event
of a government shutdown, the amount necessary to pay the salary and benefits
of employees of any impacted agency, office, or department is appropriated
beginning on that July 1 to that agency, office, or department. The appropriation is made from the fund or
funds from which an appropriation was made in the previous fiscal year for
salary and benefits paid to each affected employee.
(b) Amounts appropriated under this
subdivision may not exceed the amount or amounts appropriated for general
operations of the affected agency, office, or department in the previous fiscal
year.
Subd. 4. Certification
of amount for employees in the legislative and judicial branches. By June 25 of an odd-numbered year, if
a government shutdown appears imminent, the chief clerk of the house of
representatives, the secretary of the senate, and the chief clerk of the
supreme court must each certify to the commissioner of management and budget
the amount needed for salaries and benefits for each fiscal year of the next
biennium, and the commissioner of management and budget shall make the
certified amount available on July 1 of that year, or on another schedule that
permits payment of all salary and benefit obligations required by this section
in a timely manner.
Subd. 5. Subsequent
appropriations. A subsequent
appropriation to the agency, office, or department for regular operations for a
biennium in which this section has been applied may only supersede and replace
the appropriation provided by subdivision 3 by express reference to this
section.
Sec. 8. Minnesota Statutes 2018, section 16A.90, is amended to read:
16A.90
EMPLOYEE GAINSHARING SYSTEM.
Subdivision 1. Commissioner
must establish program. (a) The
commissioner shall establish a program to provide onetime bonus compensation to
state employees for efforts made to reduce suggestions that are
implemented and result in a reduction of the costs of operating state
government or for ways of providing better or more efficient state services. The commissioner may authorize an executive
branch appointing authority to make a onetime award to an employee or group of
employees whose suggestion or involvement in a project is determined by
the commissioner to have resulted in documented cost-savings to the state. Before authorizing awards under this section,
the commissioner shall establish guidelines for the program including but not
limited to:
(1)
the maximum award is ten percent of the documented savings in the first
fiscal year within the first year after implementation of the employee
suggestion in which the savings are realized up to $50,000;
(2) the award must be paid from the appropriation
to which the savings accrued; and
(3) (2) employees whose
primary job responsibility is to identify cost savings or ways of providing
better or more efficient state services are generally not eligible for bonus
compensation under this section except in extraordinary circumstances as
defined by the commissioner; and
(3) employees are eligible for awards under this section notwithstanding chapter 179A.
(b) The program required by this section must be in addition to any existing monetary or nonmonetary performance-based recognition programs for state employees, including achievement awards, continuous improvement awards, and general employee recognitions.
Subd. 2. Biannual
Legislative report. No later than August
1, 2017, and biannually July 1, 2020, and annually thereafter, the
commissioner must report to the chairs and ranking minority members of the
house of representatives and senate committees with jurisdiction over Minnesota
Management and Budget on the status of the program required by this section. The report must detail:
(1) the specific program guidelines established by the commissioner as required by subdivision 1, if the guidelines have not been described in a previous report;
(2) any proposed modifications to the
established guidelines under consideration by the commissioner, including the
reason for the proposed modifications; and
(3) the methods used by the
commissioner to promote the program to state employees, if the methods have not
been described in a previous report;
(4) a summary of the results of the
program that includes the following, categorized by agency:
(i) the number of state employees whose
suggestions or involvement in a project were considered for possible bonus
compensation, and a description of each suggestion or project that was
considered;
(ii) the total amount of bonus
compensation actually awarded, itemized by each suggestion or project that
resulted in an award and the amount awarded for that suggestion or project; and
(iii) the total amount of documented
cost-savings that accrued to the agency as a result of each suggestion or
project for which bonus compensation was granted; and
(5) (3) any recommendations
for legislation that, in the judgment of the commissioner, would improve the
effectiveness of the bonus compensation program established by this section or
which would otherwise increase opportunities for state employees to actively
participate in the development and implementation of strategies for reducing
the costs of operating state government or for providing better or more
efficient state services.
Subd. 3. Pilot
program. To the extent that
appropriations are not available to fully implement the program required by
subdivision 1, the commissioner must use available resources to implement a
pilot program that meets the requirements of subdivision 1 within a single
agency designated by the commissioner. If
established, details on the pilot program must be included in the legislative
report required under subdivision 2.
Sec. 9. [16B.276]
CAPITOL FLAG PROGRAM.
Subdivision 1. Definitions. (a) The terms used in this section
have the meanings given them.
(b) "Active service" has the
meaning given in section 190.05, subdivision 5.
(c) "Eligible family member"
means a surviving spouse, parent or legal guardian, child, or sibling of (1) a
public safety officer killed in the line of duty, or (2) a person who has died
while serving honorably in active service in the United States armed forces. For purposes of this section, an eligibility
relationship may be established by birth or adoption.
(d) "Killed in the line of
duty" has the meaning given in section 299A.41, subdivision 3.
(e) "Public safety officer"
has the meaning given in section 299A.41, subdivision 4.
Subd. 2. Establishment. A Capitol flag program is established. The purpose of the program is to make a
Minnesota state flag and an American flag that was flown over the Minnesota
State Capitol available to the family members of a public safety officer killed
in the line of duty or a member of the United States armed forces who died
while in active service. In addition to
appropriations provided by law, the commissioner of management and budget may
receive gifts to support the program as authorized in sections 16A.013 to
16A.016. The program established by this
section is required only to the extent that sufficient funds are available
through appropriations or gifts to support its operations.
Subd. 3. Submission
of request; presentation. (a)
A flag request may only be made by a legislator or state constitutional officer
on behalf of an eligible family member, after verification of the family
member's eligibility under the procedures adopted under subdivision 4. The request must be made to the commissioner
of administration, and must indicate the type of flag requested, a
certification that the family member's eligibility has been verified, special
requests for the date the flag is flown over the Capitol, and the method of
presentment. The commissioner may adopt
a form to be used for this purpose. With
at least 30 days' notice, the commissioner must honor a request that a flag be
flown on a specific commemorative date.
(b) Upon receipt of a request, the
commissioner must present a flag to the eligible family member, or to the
requesting legislator or constitutional officer for coordination of a later
presentment ceremony. If relevant
information is made available, the commissioner shall provide a certificate
memorializing the details of the occasion and the date the flag was flown with
each flag presented.
Subd. 4. Verification
of eligibility. The house of
representatives, the senate, and each constitutional officer must adopt
procedures for the administration of flag requests received from eligible
family members, including a procedure for verification of a family member's
eligibility to receive a flag.
Subd. 5. No
fee for first flag. The
family of a public safety officer killed in the line of duty or service member
of the United States armed forces who died in active service is entitled to
receive one United States flag and one Minnesota state flag free of charge
under this section. If multiple flags of
the same type are requested to be flown in honor of the same decedent, the
commissioner may charge a reasonable fee that does not exceed the actual cost
of flying each flag and preparing a certificate memorializing the occasion.
EFFECTIVE
DATE. This section is
effective July 1, 2020.
Sec. 10. Minnesota Statutes 2018, 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.
Sec. 11. Minnesota Statutes 2018, section 16B.323, subdivision 2, is amended to read:
Subd. 2. Solar
energy system. (a) As provided in
paragraphs (b) and (c), a project for the construction or major renovation of a
state building, after the completion of a cost-benefit analysis, may include
installation of solar energy systems of up to 300 kilowatts capacity on,
adjacent, or in proximity to the state building on state-owned buildings
and land.
(b) The capacity of a solar energy system must
be less than 300 kilowatts to the extent necessary to match the electrical load
of the building, or the capacity must be no more than necessary to keep the
costs for the installation below the five percent maximum set by paragraph (c).
(c) The cost of the solar energy system must not exceed five percent of the appropriations from the bond proceeds fund for the construction or renovation of the state building. Purchase and installation of a solar thermal system may account for no more than 25 percent of the cost of a solar energy system installation.
(d) A project subject to this section is ineligible to receive a rebate for the installation of a solar energy system under section 116C.7791 or from any utility.
Sec. 12. [16B.372]
OFFICE OF ENTERPRISE SUSTAINABILITY.
Subdivision 1. Enterprise
sustainability. The Office of
Enterprise Sustainability is established under the jurisdiction of the
commissioner to assist all state agencies in making measurable progress toward
improving the sustainability of government operations by reducing the impact on
the environment, controlling unnecessary waste of natural resources and public
funds, and spurring innovation. The
office shall create new tools and share best practices, assist state agencies
to plan for and implement improvements, and monitor progress toward achieving
intended outcomes. Specific duties include
but are not limited to:
(1) managing a sustainability metrics
and reporting system, including a public dashboard that allows Minnesotans to
track progress;
(2) assisting agencies in developing
and executing sustainability plans; and
(3) publishing an annual report.
Subd. 2. Local
governments. The Office of
Enterprise Sustainability shall make reasonable attempts to share tools and
best practices with local governments.
Sec. 13. [16B.90]
WEBSITE ACCESSIBILITY GRANTS; ADVISORY COUNCIL.
Subdivision 1. Grant
program established. A
website accessibility grant program is established. Within available appropriations, grants must
be awarded by the commissioner to local governments to improve the
accessibility of local government websites for persons with disabilities.
Subd. 2. Website
Accessibility Grant Advisory Council.
(a) A Website Accessibility Grant Advisory Council is established. The purpose of the advisory council is to
assist the commissioner in awarding grants under subdivision 1. The advisory council consists of the
following members:
(1) one representative of the League of
Minnesota Cities, appointed by the league;
(2) one representative of the
Association of Minnesota Counties, appointed by the association;
(3) one representative of the Minnesota
Council on Disability, appointed by the council;
(4) one member of the public who is a
self-advocate, appointed by the governor; and
(5) the state chief information
officer, or a designee.
(b) The terms, compensation, and removal
of members is governed by section 15.059.
The council must elect a chair from among its members.
(c) The advisory council is subject to
chapter 13D. The council must meet at
the request of the commissioner or the chair, but no fewer than two times per
year to fulfill its duties. The
commissioner must provide meeting space and other administrative assistance to
support the work of the council.
(d) The council must review
applications from local governments for grant funding to support website accessibility
projects and to make recommendations to the commissioner for the award of
grants. The commissioner may not award a
grant unless it has been reviewed by the advisory council. Consistent with the policies and procedures
established by the commissioner under sections 16B.97 and 16B.98, the council
must establish uniform, objective criteria to be used in evaluating grant
applications. The criteria must include
standards to ensure grant funding is distributed equitably across the state,
and that grant funds are available without regard to a local government's
population size.
Subd. 3. Report
to legislature. No later than
January 15, 2020, and annually thereafter, the commissioner must submit a
report to the chairs and ranking minority members of the legislative committees
with jurisdiction over state government finance and local government detailing
the grants awarded under this section, including the number of grant
applications received, the number of grants awarded, the geographic
distribution of grant applications and awards, and the amount of each grant
awarded and how it was used.
Sec. 14. [16C.0531]
PROHIBITING STATE CONTRACTS WITH STATE SPONSORS OF TERRORISM AND FOREIGN
TERRORIST ORGANIZATIONS.
(a) A state contract for goods or
services must require the vendor to certify that the vendor is not currently
engaged in, and agrees for the duration of the contract not to engage in,
business with countries designated as state sponsors of terrorism by the State
Department and groups designated by the United States Secretary of State as
foreign terrorist organizations. This
section applies to all state agencies, including the Minnesota State Colleges
and Universities and to contracts entered into by entities in the legislative
branch.
(b)
The commissioners of the Department of Administration and Minnesota Management
and Budget shall exercise appropriate due diligence in selecting vendors for
goods or services to avert contracting with countries designated as state
sponsors of terrorism and groups designated as foreign terrorist organizations
or with vendors who do business with countries designated as state sponsors of
terrorism and groups designated as foreign terrorist organizations. The commissioners shall implement measures
designed to meet the objective of this section and take the steps necessary to
confirm that vendors have satisfied the requirement of this section.
Sec. 15. Minnesota Statutes 2018, section 16C.055, subdivision 2, is amended to read:
Subd. 2. Restriction. An agency may not enter into a contract or otherwise agree with a nongovernmental entity to receive total nonmonetary consideration valued at more than $100,000 annually in exchange for the agency providing nonmonetary consideration, unless such an agreement is specifically authorized by law. This subdivision does not apply to the State Lottery, state-owned optical fiber, or private aquaculture businesses involved in state stocking contracts.
Sec. 16. [16C.067]
CONFLICT-FREE MINERALS.
Subdivision 1. Definitions.
(a) The following terms have the
meanings given them.
(b) "Conflict mineral" means a
mineral or mineral derivative determined under federal law to be financing
human conflict. Conflict mineral
includes columbite-tantalite (coltan), cassiterite, gold, wolframite, or
derivatives of those minerals.
(c) "Noncompliant person"
means a person:
(1) who is required to disclose under
federal law information relating to conflict minerals that originated in the
Democratic Republic of the Congo or its neighboring countries; and
(2) for whom the disclosure is not
filed, is considered under federal law to be an unreliable determination, or
contains false information.
Subd. 2. Compliance. By execution of a state contract to
provide goods or services, a vendor attests that it is not a noncompliant
person and is in compliance with the required disclosures under federal law
related to conflict minerals.
Subd. 3. Exemption;
commissioner may waive. (a)
This section does not apply to contracts with a value of less than $100,000.
(b) The commissioner may waive
application of this section in a contract if the commissioner determines that
compliance is not practicable or in the best interest of the state.
Subd. 4. Notice. In any solicitation for supplies or
services, a commissioner shall provide notice of the requirements of this
section.
EFFECTIVE DATE. This section is effective July 1, 2019, and
applies to solicitations issued on or after that date.
Sec. 17. Minnesota Statutes 2018, section 16C.10, subdivision 2, is amended to read:
Subd. 2. Emergency
acquisition. The solicitation
process described in this chapter and chapter 16B is not required in
emergencies. In emergencies, the
commissioner may make or authorize any purchases necessary for the design,
construction, repair, rehabilitation, and improvement of a state-owned
publicly owned structure or may make or authorize an agency to
do so and may purchase, or may authorize an agency to purchase, any
purchases of goods, services, or utility services directly for immediate
use.
Sec. 18. Minnesota Statutes 2018, section 16C.19, is amended to read:
16C.19
ELIGIBILITY; RULES.
(a) A small business wishing to
participate in the programs under section 16C.16, subdivisions 4 to 7, must be
certified by the commissioner or, if authorized by the commissioner, by a
nationally recognized certifying organization. The commissioner may choose to authorize a
nationally recognized certifying organization if the certification requirements
are substantially the same as those adopted under the rules authorized in this
section and the business meets the requirements in section 16C.16, subdivision
2.
(b) The commissioner shall adopt by rule standards and procedures for certifying that small targeted group businesses, small businesses located in economically disadvantaged areas, and veteran-owned small businesses are eligible to participate under the requirements of sections 16C.16 to 16C.21. The commissioner shall adopt by rule standards and procedures for hearing appeals and grievances and other rules necessary to carry out the duties set forth in sections 16C.16 to 16C.21.
(b) (c) The commissioner may
make rules which exclude or limit the participation of nonmanufacturing
business, including third-party lessors, brokers, franchises, jobbers,
manufacturers' representatives, and others from eligibility under sections
16C.16 to 16C.21.
(c) (d) The commissioner may
make rules that set time limits and other eligibility limits on business
participation in programs under sections 16C.16 to 16C.21.
(d) (e) Notwithstanding
paragraph (a), for purposes of sections 16C.16 to 16C.21, a veteran-owned small
business, the principal place of business of which is in Minnesota, is
certified if:
(1) it has been verified by the United States Department of Veterans Affairs as being either a veteran-owned small business or a service-disabled veteran-owned small business, in accordance with Public Law 109-461 and Code of Federal Regulations, title 38, part 74; or
(2) the veteran-owned small business supplies the commissioner with proof that the small business is majority‑owned and operated by:
(i) a veteran as defined in section 197.447; or
(ii) a veteran with a service-connected disability, as determined at any time by the United States Department of Veterans Affairs.
(e) (f) Until rules are
adopted pursuant to paragraph (a) for the purpose of certifying veteran-owned
small businesses, the provisions of Minnesota Rules, part 1230.1700, may be
read to include veteran-owned small businesses.
In addition to the documentation required in Minnesota Rules, part
1230.1700, the veteran owner must have been discharged under honorable
conditions from active service, as indicated by the veteran owner's most
current United States Department of Defense form DD-214.
(f) (g) Notwithstanding
paragraph (a), for purposes of sections 16C.16 to 16C.21, a minority- or
woman-owned small business, the principal place of business of which is in
Minnesota, is certified if it has been certified by the Minnesota unified certification
program under the provisions of Code of Federal Regulations, title 49, part 26.
(g) (h) The commissioner may
adopt rules to implement the programs under section 16C.16, subdivisions 4 to
7, using the expedited rulemaking process in section 14.389.
Sec. 19. Minnesota Statutes 2018, section 16C.251, is amended to read:
16C.251
BEST AND FINAL OFFER.
A "best and final offer" solicitation process may not be used for building and construction contracts awarded based on competitive bids.
Sec. 20. Minnesota Statutes 2018, section 16E.03, subdivision 1, is amended to read:
Subdivision
1. Definitions. (a) For the purposes of this chapter, the
following terms have the meanings given them.
(b) "Information and telecommunications technology systems and services" means all computing and telecommunications hardware and software, the activities undertaken to secure that hardware and software, and the activities undertaken to acquire, transport, process, analyze, store, and disseminate information electronically. "Information and telecommunications technology systems and services" includes all proposed expenditures for computing and telecommunications hardware and software, security for that hardware and software, and related consulting or other professional services.
(c) "Information and telecommunications technology project" means an effort to acquire or produce information and telecommunications technology systems and services.
(d) "Telecommunications" means voice, video, and data electronic transmissions transported by wire, wireless, fiber-optic, radio, or other available transport technology.
(e) "Cyber security" means the protection of data and systems in networks connected to the Internet.
(f) "State agency" means an agency in the executive branch of state government and includes the Minnesota Office of Higher Education, but does not include the Minnesota State Colleges and Universities unless specifically provided elsewhere in this chapter.
(g) "Total expected project cost" includes direct staff costs, all supplemental contract staff and vendor costs, and costs of hardware and software development or purchase. Breaking a project into several phases does not affect the cost threshold, which must be computed based on the full cost of all phases.
(h) "Cloud computing" has the
meaning described by the National Institute of Standards and Technology of the
United States Department of Commerce in special publication 800-145, September
2011.
Sec. 21. Minnesota Statutes 2018, section 16E.03, is amended by adding a subdivision to read:
Subd. 4a. Cloud computing services. The project evaluation procedure required by subdivision 4 must include a review of cloud computing service options, including any security benefits and cost savings associated with purchasing those service options from a cloud computing service provider.
Sec. 22. Minnesota Statutes 2018, section 16E.03, is amended by adding a subdivision to read:
Subd. 11. Technical
support to the legislature. The
chief information officer, or a designee, must provide technical support to
assist the legislature to comply with accessibility standards under section
3.199, subdivision 2. Support under this
subdivision must include:
(1) clarifying the requirements of the
accessibility standards;
(2)
providing templates for common software applications used in developing
documents used by the legislature;
(3) assisting the development of
training for staff to comply with the accessibility standards and assisting in
providing the training; and
(4) assisting the development of
technical applications that enable legislative documents to be fully
accessible.
The chief information officer must
provide these services at no cost to the legislature.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 23. [16E.031]
USER ACCEPTANCE TESTING.
Subdivision 1. Applicability. As used in this section:
(1) "primary user" means an
employee or agent of a state agency or local unit of government who uses an
information technology business software application to perform an official
function; and
(2) "local unit of
government" does not include a school district.
Subd. 2. User
acceptance testing. (a) A
state agency implementing a new information technology business software
application or new business software application functionality that
significantly impacts the operations of a primary user must provide
opportunities for user acceptance testing, unless the testing is deemed not
feasible or necessary by the relevant agency commissioner, in consultation with
the chief information officer and representatives of the primary user.
(b) The requirements in paragraph (a)
do not apply to routine software upgrades or application changes that are
primarily intended to comply with federal law, rules, or regulations.
Sec. 24. Minnesota Statutes 2018, section 138.081, is amended to read:
138.081
FEDERAL FUNDS, ACTS.
Subdivision 1. Department
of Administration as agency to accept federal funds. The Department of Administration is
hereby designated the state agency with power to accept any and all money
provided for or made available to this state by the United States of America or
any department or agency thereof for surveys, restoration, construction,
equipping, or other purposes relating to the State Historic sites Preservation
Program in accordance with the provisions of federal law and any rules or
regulations promulgated thereunder and are further authorized to do any and all
things required of this state by such federal law and the rules and regulations
promulgated thereunder in order to obtain such federal money.
Subd. 2. Commissioner's
responsibilities. The commissioner as
the state historic preservation officer shall be responsible for the
preparation, implementation and administration of the State Historic
Preservation Plan and shall administer the State Historic Preservation Program
authorized by the National Historic Preservation Act (United States Code, title
16 54, section 470 300101 et seq. as amended). The commissioner shall review and approve in
writing all grants-in-aid for architectural, archaeological and historic
preservation made by state agencies and funded by the state or a combination of
state and federal funds in accordance with the State Historic Preservation
Program.
Subd. 3. Administration
of federal act. The Department of
Administration Minnesota Historical Society is designated as the
state agency to administer the provisions of the federal act providing for the
preservation of historical and archaeological data, United States Code, title 16
54, sections 469 to 469C section 312501, as amended,
insofar as the provisions of the act provide for implementation by the state.
Sec. 25. Minnesota Statutes 2018, section 138.31, is amended by adding a subdivision to read:
Subd. 13a. State
Historic Preservation Office. "State
Historic Preservation Office" means the State Historic Preservation Office
at the Department of Administration.
Sec. 26. Minnesota Statutes 2018, section 138.34, is amended to read:
138.34
ADMINISTRATION OF THE ACT.
The state archaeologist shall act as the agent of the state to administer and enforce the provisions of sections 138.31 to 138.42. Some enforcement provisions are shared with the society and the State Historic Preservation Office.
Sec. 27. Minnesota Statutes 2018, section 138.40, is amended to read:
138.40
COOPERATION OF STATE AGENCIES; DEVELOPMENT PLANS.
Subdivision 1. Cooperation. The Department of Natural Resources, the Department of Transportation, and all other state agencies whose activities may be affected, shall cooperate with the historical society, the State Historic Preservation Office, and the state archaeologist to carry out the provisions of sections 138.31 to 138.42 and the rules issued thereunder, but sections 138.31 to 138.42 are not meant to burden persons who wish to use state property for recreational and other lawful purposes or to unnecessarily restrict the use of state property.
Subd. 2. Compliance,
enforcement, preservation. State and
other governmental agencies shall comply with and aid in the enforcement of
provisions of sections 138.31 to 138.42.
Conservation officers and other enforcement officers of the Department
of Natural Resources shall enforce the provisions of sections 138.31 to 138.42
and report violations to the director of the society state
archeologist. When archaeological or
historic sites are known or, based on scientific investigations are predicted
to exist on public lands or waters, the agency or department controlling said
lands or waters shall use the professional services of archaeologists from the
University of Minnesota, Minnesota Historical Society, or other qualified
professional archaeologists, to preserve these sites. In the event that archaeological excavation
is required to protect or preserve these sites, state and other governmental
agencies may use their funds for such activities.
Subd. 3. Review
of plans. When significant
archaeological or historic sites are known or, based on scientific
investigations, are predicted to exist on public lands or waters, the agency or
department controlling said lands or waters shall submit construction or
development plans to the state archaeologist and the director of the society
State Historic Preservation Office for review prior to the time bids are
advertised. The state archaeologist and
the society State Historic Preservation Office shall promptly
review such plans and within 30 days of receiving the plans shall make
recommendations for the preservation of archaeological or historic sites which
may be endangered by construction or development activities. When archaeological or historic sites are
related to Indian history or religion, the state archaeologist shall submit the
plans to the Indian Affairs Council for the council's review and recommend
action.
Sec. 28. Minnesota Statutes 2018, section 138.665, subdivision 2, is amended to read:
Subd. 2.
Mediation Review process. The state, state departments, agencies,
and political subdivisions, including the Board of Regents of the University of
Minnesota, have a responsibility to protect the physical features and historic
character of properties designated in sections 138.662 and 138.664 or listed on
the National Register of Historic Places created by Public Law 89-665. Before carrying out any undertaking that will
affect designated or listed properties, or funding or licensing an undertaking
by other parties, the state department or agency shall consult with the State
Historic Preservation Office pursuant to the society's the State
Historic Preservation Office's established procedures to determine
appropriate treatments and to seek ways to avoid and mitigate any adverse effects
on designated or listed properties. If
the state department or agency and the State Historic Preservation Office agree
in writing on a suitable course of action, the project may proceed. If the parties cannot agree, any one of the
parties may request that the governor appoint and convene a mediation task
force consisting of five members, two appointed by the governor, the chair of
the State Review Board of the State Historic Preservation Office, the
commissioner of administration or the commissioner's designee, and one member who
is not an employee of the Minnesota Historical Society appointed by the
director of the Minnesota Historical Society. The two appointees of the governor and the
one of the director of the society shall be qualified by training or
experience in one or more of the following disciplines: (1) history; (2) archaeology; and (3)
architectural history. The mediation
task force is not subject to the conditions of section 15.059. This subdivision does not apply to section
138.662, subdivision 24, and section 138.664, subdivisions 8 and 111.
Sec. 29. Minnesota Statutes 2018, section 138.666, is amended to read:
138.666
COOPERATION.
The state, state departments and agencies, political subdivisions, and the Board of Regents of the University of Minnesota shall cooperate with the Minnesota Historical Society and the State Historic Preservation Office in safeguarding state historic sites and in the preservation of historic and archaeological properties.
Sec. 30. Minnesota Statutes 2018, section 138.667, is amended to read:
138.667
HISTORIC PROPERTIES; CHANGES.
Properties designated as historic
properties by sections 138.661 to 138.664 may be changed from time to time, and
the Minnesota Historical Society and the State Historic Preservation Office
shall notify the legislature of the need for changes, and shall make
recommendations to keep the state historic sites network and the state register
of historic places current and complete.
The significance of properties proposed for designation under section
138.663, subdivision 2, shall be documented under the documentation
standards established by the Minnesota Historical Society State Historic
Preservation Office. This
Documentation shall include the opinion of the Minnesota Historical Society for
the historic sites network under section 138.661, subdivision 3, or the State
Historic Preservation Office for the state register of historic places under
section 138.663, subdivision 2, as to whether the property meets the
selection criteria.
Sec. 31. Minnesota Statutes 2018, section 138.763, subdivision 1, is amended to read:
Subdivision 1. Membership. There is a St. Anthony Falls Heritage Board consisting of 22 members with the director of the Minnesota Historical Society as chair. The members include the mayor; the chair of the Hennepin County Board of Commissioners or the chair's designee; the president of the Minneapolis Park and Recreation Board or the president's designee; the superintendent of the park board; two members each from the house of representatives appointed by the speaker, the senate appointed by the Rules Committee, the city council, the Hennepin County Board, and the park board; one member each from the preservation commission, the State Historic Preservation Office, Hennepin County Historical Society, and the society; one person appointed by the park board; and two persons appointed by the chair of the board.
Sec. 32. Minnesota Statutes 2018, 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 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 fee;
(2) name change, $20;
(3) certification of licensure, $30 each;
(4) duplicate license, $20;
(5) special event permit, $75 per year;
(6) registration of hair braiders, $20
per year;
(7) (6) $100 for each
temporary military license for a cosmetologist, nail technician, esthetician,
or advanced practice esthetician one-year fee;
(8) (7) expedited initial
individual license, $150;
(9) (8) expedited initial
salon license, $300;
(10) (9) instructor
continuing education provider approval, $150 each year; and
(11) (10) practitioner
continuing education provider approval, $150 each year.
Sec. 33. Minnesota Statutes 2018, section 155A.28, is amended by adding a subdivision to read:
Subd. 5. Hair
braiders exempt. The practice
of hair braiding is exempt from the requirements of this chapter.
Sec. 34. Minnesota Statutes 2018, section 240.01, is amended by adding a subdivision to read:
Subd. 18a. Racing
or gaming-related vendor. "Racing
or gaming-related vendor" means any person or entity that manufactures,
sells, provides, distributes, repairs or maintains equipment or supplies used
at a Class A facility, or provides services to a Class A facility or Class B
license holder that are directly related to the running of a horse race,
simulcasting, pari-mutuel betting, or card playing.
Sec. 35. Minnesota Statutes 2018, section 240.02, subdivision 2, is amended to read:
Subd. 2. Qualifications. A member of the commission must have been
a resident of Minnesota for at least five years before appointment, and must
have a background and experience as would qualify for membership on the
commission. A member must, before
taking a place on the commission, file a bond in the principal sum of $100,000
payable to the state, conditioned upon the faithful performance of duties. No commissioner, nor any member of the
commissioner's immediate family residing in the same household, may hold a
license issued by the commission or have a direct or indirect financial
interest in a corporation, partnership, or association which holds a license
issued by the commission.
Sec. 36. Minnesota Statutes 2018, section 240.02, subdivision 6, is amended to read:
Subd. 6. Annual
Biennial report. The
commission shall on February 15 of each odd-numbered year submit a
report to the governor and legislature on its activities, organizational
structure, receipts and disbursements, including specific detail on the use
of amounts statutorily appropriated to the commission under this chapter,
and recommendations for changes in the laws relating to racing and pari-mutuel
betting.
Sec. 37. Minnesota Statutes 2018, section 240.08, subdivision 5, is amended to read:
Subd. 5. Revocation
and suspension. (a) After
providing a licensee with notice and an opportunity to be heard, the
commission may:
(1) revoke a class C license for a
violation of law or rule which in the commission's opinion adversely affects
the integrity of horse racing in Minnesota, the public health, welfare, or
safety, or for an intentional false statement made in a license application.;
or
The commission may (2) suspend
a class C license for up to one year five years for a violation
of law, order or rule. If the license
expires during the term of suspension, the licensee shall be ineligible to
apply for another license from the commission until the expiration of the term
of suspension.
(b) The commission may delegate to
its designated agents the authority to impose suspensions of class C licenses,
and.
(c) Except as provided in paragraph
(d), the revocation or suspension of a class C license may be
appealed to the commission according to its rules.
(b) A license revocation or suspension
for more than 90 days is a contested case under sections 14.57 to 14.69 of the
Administrative Procedure Act and is in addition to criminal penalties imposed
for a violation of law or rule.
(d)
If the commission revokes or suspends a class C license for more than one year,
the licensee has the right to appeal by requesting a contested case hearing
under chapter 14. The request must be
made in writing and sent to the commission by certified mail or personal
service. A request sent by certified
mail must be postmarked within ten days after the licensee receives the order
of revocation or suspension from the commission. A request sent by personal service must be
received by the commission within ten days after the licensee receives the
order of revocation or suspension from the commission.
(e) The commission may summarily
suspend a license for more than up to 90 days prior to a
contested case hearing where it is necessary to ensure the integrity of
racing or to protect the public health, welfare, or safety. A contested case hearing must be held
within 30 days of the summary suspension and the administrative law judge's
report must be issued within 30 days from the close of the hearing record. In all cases involving summary suspension the
commission must issue its final decision within 30 days from receipt of the
report of the administrative law judge and subsequent exceptions and argument
under section 14.61. The licensee
has the right to appeal a summary suspension to the commission according to its
rules.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 38. Minnesota Statutes 2018, section 240.10, is amended to read:
240.10
LICENSE FEES.
(a) The fee for a class A license is $253,000 per year and must be remitted on July 1. The fee for a class B license is $500 for each assigned racing day and $100 for each day on which simulcasting is authorized and must be remitted on July 1. The fee for a class D license is $50 for each assigned racing day on which racing is actually conducted. Fees imposed on class D licenses must be paid to the commission at a time and in a manner as provided by rule of the commission.
(b) The commission shall by rule establish an annual license fee for each occupation it licenses under section 240.08.
(c) The initial annual license application fee for a class C license to provide advance deposit wagering on horse racing under this chapter is $10,000 and an annual license fee of $2,500 applies thereafter.
(d) Notwithstanding section 16A.1283,
the commission shall by rule establish an annual license fee for each type of
racing or gaming-related vendor it licenses, not to exceed $2,500.
Sec. 39. Minnesota Statutes 2018, section 240.12, is amended to read:
240.12
LICENSE AGREEMENTS.
The commission may enter into agreements or compacts with comparable bodies in other racing jurisdictions for the mutual recognition of occupational licenses issued by each body. The commission may by rule provide for and may charge a fee for the registration of each license issued in another jurisdiction.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 40. Minnesota Statutes 2018, section 240.13, subdivision 5, is amended to read:
Subd. 5. Purses. (a) From the amounts deducted from all
pari-mutuel pools by a licensee, including breakage, an amount equal to
not less than the following percentages of all money in all pools must be set
aside by the licensee and used for purses for races conducted by the licensee,
provided that a licensee may agree by contract with an organization
representing a majority of the horsepersons racing the breed involved to set
aside amounts in addition to the following percentages, if the contract is in
writing and filed with reviewed by the commission for
compliance with this subdivision:
(1) for live races conducted at a class A facility, 8.4 percent of handle;
(2)
for simulcasts conducted any day a class A facility is licensed, not less than
37 percent of the takeout amount remaining after deduction for
the state pari-mutuel tax, payment to the breeders fund, and payment to the
sending out-of-state racetrack for receipt of the signal.
The commission may by rule provide for the administration and enforcement of this subdivision. The deductions for payment to the sending out-of-state racetrack must be actual, except that when there exists any overlap of ownership, control, or interest between the sending out-of-state racetrack and the receiving licensee, the deduction must not be greater than three percent unless agreed to between the licensee and the horsepersons' organization representing the majority of horsepersons racing the breed racing the majority of races during the existing racing meeting or, if outside of the racing season, during the most recent racing meeting.
The licensee shall pay to the commission for deposit in the Minnesota breeders fund 5-1/2 percent of the takeout from all pari-mutuel pools generated by wagering at the licensee's facility on simulcasts of races not conducted in this state.
(b) From the money set aside for purses,
The licensee shall pay to the horseperson's organization representing the
majority of the horsepersons racing the breed involved and contracting with the
licensee with respect to purses and the conduct of the racing meetings and
providing representation to its members, an amount as may be determined by
agreement by the licensee and the horsepersons' organization sufficient to
provide benevolent programs, benefits, and services for horsepersons and their
on-track employees. The amount paid may
be deducted only from the money set aside for purses to be paid in races
for the breed represented by the horseperson's organization or may be paid
from breakage retained by the licensee from live or simulcast wagering as
agreed between the licensee and horsepersons' organization. With respect to racing meetings where more
than one breed is racing, the licensee may contract independently with the
horseperson's organization representing each breed racing. The contract must be in writing and
reviewed by the commission for compliance with this subdivision.
(c) Notwithstanding sections 325D.49 to 325D.66, a horseperson's organization representing the majority of the horsepersons racing a breed at a meeting, and the members thereof, may agree to withhold horses during a meeting.
(d) Money set aside for purses from
wagering on simulcasts must be used for purses for live races involving the
same breed involved in the simulcast except that money set aside for purses and
payments to the breeders fund from wagering on simulcasts of races not
conducted in this state, occurring during a live mixed meet, must be allotted
to the purses and breeders fund for each breed participating in the mixed meet
as agreed upon by the breed organizations participating in the live mixed meet. The agreement shall be in writing and filed
with reviewed by the commission for compliance with this
subdivision prior to the first day of the live mixed meet. In the absence of a written agreement filed
with reviewed by the commission, the money set aside for purses and
payments to the breeders fund from wagering on simulcasts, occurring during a
live mixed meet, shall be allotted to each breed participating in the live
mixed meet in the same proportion that the number of live races run by each
breed bears to the total number of live races conducted during the period of
the mixed meet.
(e) The allocation of money set aside for
purses to particular racing meets may be adjusted, relative to overpayments and
underpayments, by contract between the licensee and the horsepersons'
organization representing the majority of horsepersons racing the breed
involved at the licensee's facility. The
contract must be in writing and reviewed by the commission for compliance with
this subdivision.
(f) Subject to the provisions of this chapter, money set aside from pari-mutuel pools for purses must be for the breed involved in the race that generated the pool, except that if the breed involved in the race generating the pari‑mutuel pool is not racing in the current racing meeting, or has not raced within the preceding 12 months at the licensee's class A facility, money set aside for purses may be distributed proportionately to those breeds that have run during the preceding 12 months or paid to the commission and used for purses or to promote racing for the breed involved in the race generating the pari-mutuel pool, or both, in a manner prescribed by the commission.
(g) This subdivision does not apply to a class D licensee.
Sec. 41. Minnesota Statutes 2018, 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 seven 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 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 seven 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 and promote
horse breeding in Minnesota.
Sec. 42. Minnesota Statutes 2018, section 240.135, is amended to read:
240.135 CARD CLUB
REVENUE.
(a) From the amounts received from charges authorized under section 240.30, subdivision 4, the licensee shall set aside the amounts specified in this section to be used for purse payments. These amounts are in addition to the breeders fund and purse requirements set forth elsewhere in this chapter.
(1) For amounts between zero and $6,000,000, the licensee shall set aside not less than ten percent to be used as purses.
(2) For amounts in excess of $6,000,000, the licensee shall set aside not less than 14 percent to be used as purses.
(b) From all amounts set aside under paragraph (a), the licensee shall set aside ten percent to be deposited in the breeders fund.
(c) It is the intent of the legislature that the proceeds
of the card playing activities authorized by this chapter be used to improve
the horse racing industry by improving purses.
The licensee and the horseperson's organization representing the
majority of horsepersons who have raced at the racetrack during the preceding
12 months may negotiate percentages that exceed those stated in this section if
the agreement is in writing and filed with reviewed by the
commission for compliance with this section. The commission shall annually review the
financial details of card playing activities and determine if the present use
of card playing proceeds is consistent with the policy established by this
paragraph. If the commission determines
that the use of the proceeds does not comply with the policy set forth herein,
then the commission shall direct the parties to make the changes necessary to
ensure compliance. If these changes
require legislation, the commission shall make the appropriate recommendations
to the legislature.
Sec. 43. Minnesota Statutes 2018, section 240.15, subdivision 6, is amended to read:
Subd. 6. Disposition of proceeds; account. The commission shall distribute all money received under this section, and, except as provided otherwise by section 240.131, all money received from license fees, regulatory fees, and fines it collects, according to this subdivision. All money designated for deposit in the Minnesota breeders fund must be paid into that fund for distribution under section 240.18 except that all money generated by simulcasts must
be
distributed as provided in section 240.18, subdivisions 2, paragraph (d),
clauses (1), (2), and (3); and 3. Revenue
from an admissions tax imposed under subdivision 1 must be paid to the local
unit of government at whose request it was imposed, at times and in a manner
the commission determines. Taxes
received under this section must be paid to the commissioner of management and
budget for deposit in the general fund. All
revenues from licenses and other fees imposed by the commission must be
deposited in the state treasury and credited to a racing and card playing
regulation account in the special revenue fund.
Receipts in this account are available for the operations of the
commission up to the amount authorized in biennial appropriations from the
legislature. If a fiscal biennium
ends without the enactment of an appropriation to the commission for the
following biennium, receipts in this account are annually appropriated to the
commission for the operations of the commission up to the amount authorized in
the second year of the most recently enacted biennial appropriation, until a
biennial appropriation is enacted.
Sec. 44. Minnesota Statutes 2018, section 240.155, subdivision 1, is amended to read:
Subdivision 1. Reimbursement
account credit. Money received by
the commission as reimbursement for the costs of services provided by
veterinarians, stewards, and medical testing of horses, and fees
received by the commission in the form of fees for regulatory services must
be deposited in the state treasury and credited to a racing reimbursement
account in the special revenue fund, except as provided under
subdivision 2. Receipts are appropriated,
within the meaning of Article XI, section 1, of the Minnesota Constitution,
to the commission to pay the costs of providing the services and all other
costs necessary to allow the commission to fulfill its regulatory oversight
duties required by chapter 240 and commission rule. If the major appropriation bills needed to
finance state government are not enacted by the beginning of a fiscal biennium,
the commission shall continue operations as required by chapter 240 and
commission rule.
Sec. 45. [240.1561]
APPROPRIATION FOR FUNCTIONS SUPPORTING ONGOING OPERATION OF THE RACING
COMMISSION.
If, by July 1 of an odd-numbered year,
legislation has not been enacted to appropriate money for the next biennium to
the commissioner of management and budget for central accounting, procurement,
payroll, and human resources functions, amounts necessary to operate those
functions associated with operation of the Racing Commission under chapter 240
are appropriated for the next biennium from the general fund to the
commissioner of management and budget. As
necessary, the commissioner may transfer a portion of this appropriation to
other state agencies to support carrying out these functions. Any subsequent appropriation to the
commissioner of management and budget for a biennium in which this section has
been applied shall supersede and replace the funding authorized in this
section.
Sec. 46. Minnesota Statutes 2018, section 240.16, subdivision 1, is amended to read:
Subdivision 1. Powers and duties. All horse races run at a licensed racetrack must be presided over by a board of three stewards, who must be appointees of the commission or persons approved by it. The commission shall designate one steward as chair. At least two stewards for all races either shall be employees of the commission who shall serve in the unclassified service, or shall be under contract with the commission to serve as stewards. The commission may delegate the following duties and powers to a board of stewards:
(1) to ensure that races are run in accordance with the commission's rules;
(2) to supervise the conduct of racing to ensure the integrity of the sport;
(3) to settle disputes arising from the running of horse races, and to certify official results;
(4)
to impose on licensees, for violation of law or commission rules, fines not exceeding
$5,000 and license suspensions not exceeding 90 days of up to $10,000,
suspensions of up to one year, and other sanctions as delegated by the
commission or permitted under its rules;
(5) to recommend to the commission where warranted penalties in excess of those in clause (4);
(6) to otherwise enforce the laws and rules of racing; and
(7) to perform other duties and have other powers assigned by the commission.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 47. Minnesota Statutes 2018, section 240.16, subdivision 2, is amended to read:
Subd. 2. Appeals;
hearings. Except as provided by
section 240.08, subdivision 5, a ruling of a board of stewards may be
appealed to the commission or be reviewed by it. The commission may review any ruling by the
board of stewards on its own initiative.
The commission may provide for appeals to be heard by less than a quorum
of the commission. A hearing on a
penalty imposed by a board of stewards must be granted on request.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 48. Minnesota Statutes 2018, section 240.18, subdivision 2, is amended to read:
Subd. 2. Thoroughbred and quarterhorse categories. (a) With respect to available money apportioned in the thoroughbred and quarterhorse categories, 20 percent must be expended as follows:
(1) at least one-half in the form of
grants, contracts, or expenditures for equine research and related education at
the University of Minnesota School of
Veterinary Medicine public
institutions of postsecondary learning in the state; and
(2) the balance in the form of grants, contracts, or expenditures for one or more of the following:
(i) additional equine research and related education;
(ii) substance abuse programs for licensed personnel at racetracks in this state; and
(iii) promotion and public information regarding industry and commission activities; racehorse breeding, ownership, and management; and development and expansion of economic benefits from racing.
(b) As a condition of a grant, contract,
or expenditure under paragraph (a), the commission shall require an annual
report from the recipient on the use of the funds to the commission, the
chair of the house of representatives Committee on General Legislation,
Veterans Affairs, and Gaming, and the chair of the senate committee on Gaming
Regulation.
(c) The commission shall include in its annual
biennial report a summary of each grant, contract, or expenditure under
paragraph (a), clause (2), and a description of how the commission has
coordinated activities among recipients to ensure the most efficient and
effective use of funds.
(d) After deducting the amount for paragraph (a), the balance of the available proceeds in each category may be expended by the commission to:
(1) supplement purses for races held exclusively for Minnesota-bred or Minnesota-foaled horses, and supplement purses for Minnesota-bred or Minnesota-foaled horses racing in nonrestricted races in that category;
(2) pay breeders' or owners' awards to the
breeders or owners of Minnesota-bred horses in that category which win money at
licensed pari-mutuel racetracks in the state licensed
by any state or province; and
(3) provide other financial incentives to encourage the horse breeding industry in Minnesota.
Sec. 49. Minnesota Statutes 2018, section 240.18, subdivision 3, is amended to read:
Subd. 3. Standardbred category. (a) With respect to the available money apportioned in the standardbred category, 20 percent must be expended as follows:
(1)
one-half of that amount to supplement purses for standardbreds at
non-pari-mutuel racetracks in the state; and
(2) one-fourth of that amount for the
development of non-pari-mutuel standardbred tracks in the state; and
(3) one-fourth (2) one-half
of that amount as grants for equine research and related education at public
institutions of postsecondary learning in the state.
(b) After deducting the amount for paragraph (a), the balance of the available proceeds in the standardbred category must be expended by the commission to:
(1) supplement purses for races held exclusively for Minnesota-bred and Minnesota-foaled standardbreds;
(2) pay breeders or owners awards to the breeders or owners of Minnesota-bred standardbreds which win money at licensed racetracks in the state; and
(3) provide other financial incentives to encourage the horse breeding industry in Minnesota.
Sec. 50. Minnesota Statutes 2018, section 240.22, is amended to read:
240.22
FINES.
(a) The commission shall by rule establish a schedule of civil fines of up to $50,000 for a class C licensee and up to $200,000 for a class A, B, or D licensee for violations of laws related to horse racing or of the commission's rules. The schedule must be based on and reflect the culpability, frequency and severity of the violator's actions. The commission may impose a fine from this schedule on a licensee for a violation of those rules or laws relating to horse racing. The fine is in addition to any criminal penalty imposed for the same violation. Except as provided in paragraph (b), fines may be appealed to the commission according to its rules. Fines imposed by the commission must be paid to the commission and except as provided in paragraph (c), forwarded to the commissioner of management and budget for deposit in the state treasury and credited to a racing and card-playing regulation account in the special revenue fund and appropriated to the commission to distribute in the form of grants, contracts, or expenditures to support racehorse adoption, retirement, and repurposing.
(b) If the commission issues a fine in
excess of $5,000 $10,000, the license holder has the right to
request a contested case hearing under chapter 14, to be held as set forth in
Minnesota Rules, chapter 1400. The
appeal of a fine must be made in writing to the commission by certified mail or
personal service. An appeal sent by
certified mail must be postmarked within ten days after the license holder
receives the fine order from the commission.
An appeal sent by personal service must be received by the commission
within ten days after the license holder receives the fine order from the
commission.
(c) If the commission is the prevailing party in a contested case proceeding, the commission may recover, from amounts to be forwarded under paragraph (a), reasonable attorney fees and costs associated with the contested case.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 51. Minnesota Statutes 2018, section 240.27, is amended to read:
240.27
EXCLUSION OF CERTAIN PERSONS.
Subdivision 1. Persons excluded. The commission may exclude from any and all licensed racetracks in the state a person who:
(1) has been convicted of a felony under the laws of any state or the United States;
(2) has had a license suspended, revoked, or denied by the commission or by the racing authority of any other jurisdiction; or
(3) is determined by the commission, on the basis of evidence presented to it, to be a threat to the public safety or the integrity of racing or card playing in Minnesota.
Subd. 2. Hearing;
appeal. An order to exclude a
an unlicensed person from any or all licensed racetracks in the state
must be made by the commission at following a public hearing of
which the person to be excluded must have had at least five days' notice. If present at the hearing, the person must be
permitted to show cause why the exclusion should not be ordered. An appeal of the order may be made in the
same manner as other appeals under section 240.20.
Subd. 3. Notice to racetracks. Upon issuing an order excluding a person from any or all licensed racetracks, the commission shall send a copy of the order to the excluded person and to all racetracks or teleracing facilities named in it, along with other information as it deems necessary to permit compliance with the order.
Subd. 4. Prohibitions. It is a gross misdemeanor for a person named in an exclusion order to enter, attempt to enter, or be on the premises of a racetrack named in the order while it is in effect, and for a person licensed to conduct racing or operate a racetrack knowingly to permit an excluded person to enter or be on the premises.
Subd. 5. Exclusions
by racetrack. The holder of a
license to conduct racing may eject and exclude from its premises any licensee
or any other person who is in violation of any state law or commission rule or
order or who is a threat to racing integrity or the public safety. A person so excluded from racetrack premises
may appeal the exclusion to the commission and must be given a public hearing
on the appeal upon request. At the
hearing the person must be given the opportunity to show cause why the
exclusion should not have been ordered. If
the commission after the hearing finds that the integrity of racing and the
public safety do not justify the exclusion, it shall order the racetrack making
the exclusion to reinstate or readmit the person. An appeal of a commission order upholding the
exclusion is governed by section 240.20.
A licensed racetrack may eject and exclude from its premises any
person for any lawful reason. If a
licensed racetrack excludes a person for a suspected or potential violation of
law or rule, or if a licensed racetrack excludes any person for more than five
days, the licensed racetrack shall provide the person's name and reason for the
exclusion to the commission within 72 hours.
Sec. 52. Minnesota Statutes 2018, section 240.30, subdivision 9, is amended to read:
Subd. 9. Reimbursement to commission. The commission shall require that the licensee reimburse it for the commission's actual costs, including personnel costs, of regulating the card club. Amounts received under this subdivision must be deposited as provided in section 240.155, subdivision 1, and are appropriated to the commission.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 53. Minnesota Statutes 2018, section 240A.09, is amended to read:
240A.09
PLAN DEVELOPMENT; CRITERIA.
The Minnesota Amateur Sports Commission shall develop a plan to promote the development of proposals for new statewide public ice facilities including proposals for ice centers and matching grants based on the criteria in this section.
(a) For ice center proposals, the commission will give priority to proposals that come from more than one local government unit. Institutions of higher education are not eligible to receive a grant.
(b) The commission must give priority to grant applications for indoor air quality improvements and projects that eliminate R-22. For purposes of this section:
(1) "indoor air quality improvements" means: (i) renovation or replacement of heating, ventilating, and air conditioning systems in existing indoor ice arenas whose ice resurfacing and ice edging equipment are not powered by electricity in order to reduce concentrations of carbon monoxide and nitrogen dioxide; and (ii) acquisition of zero-emission ice resurfacing and ice edging equipment. The new or renovated systems may include continuous electronic air monitoring devices to automatically activate the ventilation systems when the concentration of carbon monoxide or nitrogen dioxide reaches a predetermined level; and
(2) "projects that eliminate R-22," means replacement of ice-making systems in existing public facilities that use R-22 as a refrigerant, with systems that use alternative non-ozone-depleting refrigerants.
(c) In the metropolitan area as defined in section 473.121, subdivision 2, the commission is encouraged to give priority to the following proposals:
(1) proposals for construction of two or more ice sheets in a single new facility;
(2) proposals for construction of an additional sheet of ice at an existing ice center;
(3) proposals for construction of a new, single sheet of ice as part of a sports complex with multiple sports facilities; and
(4) proposals for construction of a new, single sheet of ice that will be expanded to a two-sheet facility in the future.
(d) The commission shall administer a site selection process for the ice centers. The commission shall invite proposals from cities or counties or consortia of cities. A proposal for an ice center must include matching contributions including in-kind contributions of land, access roadways and access roadway improvements, and necessary utility services, landscaping, and parking.
(e) Proposals for ice centers and matching grants must provide for meeting the demand for ice time for female groups by offering up to 50 percent of prime ice time, as needed, to female groups. For purposes of this section, prime ice time means the hours of 4:00 p.m. to 10:00 p.m. Monday to Friday and 9:00 a.m. to 8:00 p.m. on Saturdays and Sundays.
(f) The location for all proposed facilities must be in areas of maximum demonstrated interest and must maximize accessibility to an arterial highway.
(g) To the extent possible, all proposed facilities must be dispersed equitably, must be located to maximize potential for full utilization and profitable operation, and must accommodate noncompetitive family and community skating for all ages.
(h) The commission may also use the money to upgrade current facilities, purchase girls' ice time, or conduct amateur women's hockey and other ice sport tournaments.
(i) To the extent possible, 50 percent of all grants must be awarded to communities in greater Minnesota.
(j) To the extent possible, technical assistance shall be provided to Minnesota communities by the commission on ice arena planning, design, and operation, including the marketing of ice time and on projects described in paragraph (b).
(k) A grant for new facilities may not exceed $250,000.
(l) The commission may make grants for
rehabilitation and renovation. A
rehabilitation or renovation grant for air quality may not exceed $200,000 and
a rehabilitation or renovation grant for R-22 elimination may not exceed $50,000
$250,000 for indirect cooling systems and may not exceed $400,000
$500,000 for direct cooling systems.
Priority must be given to grant applications for indoor air quality
improvements, including zero emission ice resurfacing equipment, and for
projects that eliminate R-22.
(m) Grant money may be used for ice centers designed for sports other than hockey.
(n) Grant money may be used to upgrade existing facilities to comply with the bleacher safety requirements of section 326B.112.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 54. Minnesota Statutes 2018, section 307.08, is amended to read:
307.08
DAMAGES; ILLEGAL MOLESTATION OF HUMAN REMAINS; BURIALS; CEMETERIES; PENALTY; AUTHENTICATION
ASSESSMENT.
Subdivision 1. Legislative
intent; scope. It is a declaration
and statement of legislative intent that all human burials, human remains, and human
burial grounds cemeteries shall be accorded equal treatment and
respect for human dignity without reference to their ethnic origins, cultural
backgrounds, or religious affiliations. The
provisions of this section shall apply to all human burials, human remains, or human
burial grounds cemeteries found on or in all public or private lands
or waters in Minnesota.
Subd. 2. Felony; gross misdemeanor. (a) A person who intentionally, willfully, and knowingly does any of the following is guilty of a felony:
(1)
destroys, mutilates, or injures human burials or human burial grounds cemetery,
or associated grave goods; or
(2)
without the consent of the appropriate authority, disturbs human burial
grounds a cemetery or removes human remains or associated grave
goods.
(b) A person who, without the consent of the appropriate authority and the landowner, intentionally, willfully, and knowingly does any of the following is guilty of a gross misdemeanor:
(1) removes any tombstone, monument, or
structure placed in any public or private cemetery or authenticated human
burial ground assessed cemetery; or
(2) removes any fence, railing, or other
work erected for protection or ornament, or any tree, shrub, or plant or grave
goods and artifacts within the limits of a public or private cemetery or
authenticated human burial ground; or
(3) discharges any firearms upon or over
the grounds of any public or private cemetery or authenticated burial
ground.
Subd. 3. Protective
posting. Upon the agreement of the
appropriate authority and the landowner, an authenticated or recorded human
burial ground a cemetery may be posted for protective purposes every
75 feet around its perimeter with signs listing the activities prohibited by
subdivision 2 and the penalty for violation of it. Posting is at the discretion of the Indian
affairs council in the case of American Indian burials cemeteries
or at the discretion of the state archaeologist in the case of non-Indian
burials non-American Indian cemeteries. This subdivision does not require posting of
a burial ground cemetery. The
size, description, location, and information on the signs used for protective
posting must be approved by the appropriate authority and the landowner.
Subd. 3a. Authentication
Cemeteries; records and condition assessments. The state archaeologist shall
authenticate all burial grounds for purposes of this section. The state archaeologist may retain the
services of a qualified professional archaeologist, a qualified physical
anthropologist, or other appropriate experts for the purpose of gathering
information that the state archaeologist can use to authenticate or identify
burial grounds. If probable Indian
burial grounds are to be disturbed or probable Indian remains analyzed, the
Indian Affairs Council must approve the professional archaeologist, qualified
anthropologist, or other appropriate expert.
Authentication is at the discretion of the state archaeologist based on
the needs identified in this section or upon request by an agency, a landowner,
or other appropriate authority. (a)
Cemeteries shall be assessed according to this subdivision.
(b) The state archaeologist shall
implement and maintain a system of records identifying the location of known,
recorded, or suspected cemeteries. The
state archaeologist shall provide access to the records as provided in
subdivision 11.
(c) The cemetery condition assessment
of non-American Indian cemeteries is at the discretion of the state
archaeologist based on the needs identified in this section or upon request by
an agency, a landowner, or other appropriate authority.
(d) The cemetery condition assessment
of American Indian cemeteries is at the discretion of the Indian Affairs
Council based on the needs identified in this section or upon request by an
agency, a landowner, or other appropriate authority.
(e) The cemetery condition assessment
of cemeteries that include American Indian and non-American Indian remains or
include remains whose ancestry cannot be determined shall be assessed at the
discretion of the state archaeologist in collaboration with the Indian Affairs
Council based on the needs identified in this section or upon request by an
agency, a landowner, or other appropriate authority.
(f)
The state archaeologist and the Indian Affairs Council shall have 90 days from
the date a request is received to conduct a cemetery condition assessment or
provide notice to the requester whether or not a condition assessment of a
cemetery is needed.
(g) The state archaeologist and the
Indian Affairs Council may retain the services of a qualified professional
archaeologist, a qualified forensic anthropologist, or other appropriate
experts for the purpose of gathering information that the state archaeologist
or the Indian Affairs Council can use to assess or identify cemeteries.
Subd. 5. Cost;
use of data. The cost of authentication
condition assessment, recording, surveying, and marking burial
grounds cemeteries and the cost of identification, analysis, rescue,
and reburial of human remains on public lands or waters shall be the responsibility
of the state or political subdivision controlling the lands or waters. On private lands or waters these costs shall
be borne by the state, but may be borne by the landowner upon mutual agreement
with the state. The state
archaeologist must make the data collected for this activity available using
standards adopted by the Office of MN.IT Services and geospatial technology
standards and guidelines published by the Minnesota Geospatial Information
Office. Costs associated with this data
delivery must be borne by the state.
Subd. 7. Remains
found outside of recorded cemeteries. (a)
All unidentified human remains or burials found outside of recorded
cemeteries or unplatted graves or burials found within recorded cemeteries and
in contexts which indicate antiquity greater than 50 years shall be treated
with utmost respect for all human dignity and dealt with according to the
provisions of this section.
(b) If deemed necessary for
identification purposes by the Indian Affairs Council, removed remains shall be
studied in a timely and respectful manner by appropriate experts designated by
the Indian Affairs Council.
(c) If such the
burials are not American Indian or their ethnic identity cannot be
ascertained, as determined by the state archaeologist, they shall be dealt with
in accordance with provisions established by the state archaeologist and other
appropriate authority, as specified in subdivision 3a, paragraph (e).
(d) If such the
burials are include American Indian remains, as determined
by the state archaeologist, efforts shall be made by they must be
dealt with as provided by the provisions of subdivision 3a, paragraph (d). The state archaeologist and the Indian
Affairs Council to shall ascertain their tribal identity. If their probable tribal identity can be
determined and the remains have been removed from their original context, such
remains shall be turned over to contemporary tribal leaders for disposition.
of the remains in consultation with appropriate experts designated by the
Indian Affairs Council.
(e) If tribal identity of the
remains cannot be determined, the American Indian remains must be
dealt with in accordance with provisions established by the state
archaeologist and the Indian Affairs Council if they are from public
land. If removed Indian remains
are from private land they shall be dealt with in accordance with provisions
established by the Indian Affairs Council.
If it is deemed desirable by the state archaeologist or
the Indian Affairs Council, removed remains shall be studied in a timely and
respectful manner by a qualified professional archaeologist or a qualified
physical anthropologist before being delivered to tribal leaders or before
being reburied.
Subd. 7a. Landowner
responsibilities. (a)
Application by a landowner for permission to develop or disturb nonburial areas
within authenticated an assessed or recorded burial grounds
cemetery shall be made to the:
(1) to the state
archaeologist and other appropriate authority in the case of non-Indian non-American
Indian burials; and
(2) to the Indian Affairs
Council and other appropriate authority in the case of American Indian
burials.
(b)
Landowners with authenticated known or suspected human burial
grounds cemeteries on their property are obligated to inform
prospective buyers of the burial ground cemetery.
Subd. 8. Burial
ground Cemetery relocation. No
non-Indian burial ground non-American Indian cemetery may be
relocated without the consent of the appropriate authority. No American Indian burial ground
cemetery may be relocated unless the request to relocate is approved by
the Indian Affairs Council. When a burial
ground cemetery is located on public lands or waters, any burial
relocations must be duly licensed under section 138.36 and the cost of removal
is the responsibility of and shall be paid by the state or political
subdivision controlling the lands or waters.
If burial grounds cemeteries are authenticated assessed
on private lands, efforts may be made by the state to purchase and protect them
instead of removing them to another location.
Subd. 9. Interagency
cooperation. (a) The state
archaeologist and the Indian Affairs Council shall enter into a memorandum of
understanding to coordinate their responsibilities under this section.
(b) The Department of Natural Resources, the Department of Transportation, and all other state agencies and local governmental units whose activities may be affected, shall cooperate with the state archaeologist and the Indian Affairs Council to carry out the provisions of this section.
Subd. 10. Construction
and development plan review. When human
burials are known or suspected to cemeteries exist, on public
lands or waters, the state or political subdivision controlling the lands or
waters or, in the case of private lands, the landowner or developer, shall
submit construction and development plans to the state archaeologist for review
prior to the time bids are advertised and prior to any disturbance within the burial
area cemetery. If the
known or suspected burials are the cemetery is thought to be Indian
American Indian, or the project is within 300 feet of American Indian
cemeteries, American Indian burial features, historic American Indian villages,
or historic American Indian cultural features, plans shall also be
submitted to the Indian Affairs Council.
The state archaeologist and the Indian Affairs Council shall review the
plans within 30 45 days of receipt and make recommendations for
the preservation in place or removal of the human burials cemetery
or remains, which may be endangered by construction or development activities.
Subd. 11. Burial
sites data. (a) Burial sites locational
and related data maintained by data under the authority of the
Office of the State Archaeologist and accessible through the office's
"Unplatted Burial Sites and Earthworks in Minnesota" website or
Indian Affairs Council are security information for purposes of section
13.37. Persons who gain access to the
data maintained on the site this data are subject to liability under
section 13.08 and the penalty established by section 13.09 if they improperly
use or further disseminate the data.
(b) The Indian Affairs Council or state
archaeologist may bring legal action to prosecute any violation of this
subdivision. A violation may be
prosecuted by the city or county attorney or by the attorney general.
Subd. 12. Right
of entry. The state archaeologist or
designee may enter on property for the purpose of authenticating burial
sites. identifying or assessing cemetery sites. A designated representative of the Indian
Affairs Council may enter on property, in collaboration with the state
archaeologist, for the purpose of identifying or assessing American Indian
cemeteries. Only after obtaining
permission from the property owner or lessee, descendants of persons buried in burial
grounds cemeteries covered by this section may enter the burial
grounds cemetery for the purpose of conducting religious or
commemorative ceremonies. This right of
entry must not unreasonably burden property owners or unnecessarily restrict
their use of the property. The right
of entry cannot be denied unless an unreasonable burden can be shown by the
property owners.
Subd. 13. Definitions. As used in this section, the following terms have the meanings given.
(a) "Abandoned cemetery" means a cemetery where the cemetery association has disbanded or the cemetery is neglected and contains marked graves older than 50 years.
(b) "Appropriate authority" means:
(1) the trustees when the trustees have
been legally defined to administer burial grounds cemetery sites;
(2) the Indian Affairs Council in the case
of American Indian burial grounds cemetery sites lacking
trustees;
(3) the county board in the case of abandoned cemeteries under section 306.243; and
(4) the state archaeologist in the case of
non-Indian burial grounds non-American Indian cemetery sites
lacking trustees or not officially defined as abandoned.
(c) "Artifacts" means natural or artificial articles, objects, implements, or other items of archaeological interest.
(d) "Authenticate" "Assess"
means to establish the presence of or high potential of human burials for
a cemetery or human skeletal remains being located in a
discrete area, delimit the boundaries of human burial grounds the cemetery
or graves, and attempt to determine the ethnic, cultural, or religious
affiliation of individuals interred.
(e) "Burial" means the organic remnants of the human body that were intentionally interred as part of a mortuary process.
(f) "Burial ground" means a
discrete location that is known to contain or has high potential to contain
human remains based on physical evidence, historical records, or reliable
informant accounts.
(g) (f) "Cemetery"
means a discrete location that is known to contain or intended to be used for
the interment of human remains, or has high potential to contain human
remains based on physical evidence, historical records, or reliable informant
accounts.
(h) (g) "Disturb"
means any activity that significantly harms the physical integrity or
setting of a human burial or human burial ground cemetery.
(i) (h) "Grave
goods" means objects or artifacts directly associated with human burials
or human burial grounds cemeteries that were placed as part of a
mortuary ritual at the time of interment.
(j) (i) "Human
remains" means the calcified portion of the human body the body
of a deceased person in whole or in parts, regardless of the state of
decomposition, not including isolated teeth, or cremated remains
deposited in a container or discrete feature.
(k) (j) "Identification"
means to analyze organic materials to attempt to determine if they represent
human remains and to attempt to establish the ethnic, cultural, or religious
affiliations of such remains.
(k) "American Indian cemetery"
means a discrete location that is known to contain or has a high potential to
contain American Indian human remains based on physical evidence, historical
records, or reliable informant accounts.
(l) "Marked" means a burial that
has a recognizable tombstone or obvious grave marker in place or a legible sign
identifying an area as a burial ground or cemetery.
(m) "Qualified physical forensic
anthropologist" means a specialist in identifying human remains who holds
an advanced degree in forensic anthropology or a closely related field.
(n) "Qualified professional archaeologist" means an archaeologist who meets the United States Secretary of the Interior's professional qualification standards in Code of Federal Regulations, title 36, part 61, appendix A, or subsequent revisions.
(o) "Recorded cemetery" means a cemetery that has a surveyed plat filed in a county recorder's office.
(p) "State" or "the state" means the state of Minnesota or an agency or official of the state acting in an official capacity.
(q) "Trustees" means the recognized representatives of the original incorporators, board of directors, or cemetery association.
Sec. 55. Minnesota Statutes 2018, section 326A.01, subdivision 2, is amended to read:
Subd. 2. Attest. "Attest" means providing any of the following services:
(1) an audit or other engagement performed in accordance with the Statements on Auditing Standards (SAS);
(2) an audit or other engagement
performed in accordance with the Generally Accepted Government Auditing
Standards (GAGAS);
(3) a review of a financial statement performed in accordance with the Statements on Standards for Accounting and Review Services (SSARS);
(3) (4) an examination of
prospective financial information performed in accordance with the Statements
on Standards for Attestation Engagements (SSAE);
(4) (5) an engagement
performed in accordance with the standards of the Public Company Accounting
Oversight Board (PCAOB); and
(5) (6) an examination,
review, or agreed-upon procedures engagement performed in accordance with SSAE,
other than an examination described in clause (3).
Sec. 56. Minnesota Statutes 2018, section 326A.04, subdivision 4, is amended to read:
Subd. 4. Program
of learning. Each licensee shall
participate in a program of learning designed to maintain professional
competency. The program of learning must
comply with rules adopted by the board. The
board may by rule create an exception to this requirement for licensees who do
not perform or offer to perform for the public one or more kinds of services
involving the use of accounting or auditing skills, including issuance
of reports on financial statements or of one or more kinds of: attest or compilation engagements,
management advisory services, financial advisory services, or
consulting services, or the preparation of tax returns or the furnishing of
advice on tax matters. A licensee
granted such an exception by the board must place the word "inactive"
or "retired," if applicable, adjacent to the CPA title on any
business card, letterhead, or any other document or device, with the exception
of the licensee's certificate on which the CPA title appears.
Sec. 57. Minnesota Statutes 2018, section 326A.04, subdivision 5, is amended to read:
Subd. 5. Fee. (a) The board shall charge a fee for each
application for initial issuance or renewal of a certificate or temporary
military certificate under this section as provided in paragraph (b). The fee for the temporary military
certificate is $100.
(b) The board shall charge the following fees:
(1) initial issuance of certificate, $150;
(2) renewal of certificate with an active status, $100 per year;
(3) initial CPA firm permits, except for sole practitioners, $100;
(4) renewal of CPA firm permits, except for
sole practitioners and those firms specified in clause (17) (16),
$35 per year;
(5) initial issuance and renewal of CPA firm
permits for sole practitioners, except for those firms specified in clause (17)
(16), $35 per year;
(6) annual late processing delinquency fee for permit, certificate, or registration renewal applications not received prior to expiration date, $50;
(7) copies of records, per page, 25 cents;
(8) registration of noncertificate holders, nonlicensees, and nonregistrants in connection with renewal of firm permits, $45 per year;
(9) applications for reinstatement, $20;
(10) initial registration of a registered accounting practitioner, $50;
(11) initial registered accounting practitioner firm permits, $100;
(12) renewal of registered accounting practitioner firm permits, except for sole practitioners, $100 per year;
(13) renewal of registered accounting practitioner firm permits for sole practitioners, $35 per year;
(14) CPA examination application, $40;
(15) (14) CPA examination, fee
determined by third-party examination administrator;
(16) (15) renewal of
certificates with an inactive status, $25 per year; and
(17) (16) renewal of CPA firm
permits for firms that have one or more offices located in another state, $68
per year; and
(17) temporary military certificate, $100.
Sec. 58. [326A.045]
RETIRED STATUS.
Subdivision 1. Retired
status requirements. The
board shall grant retired status to a person who meets the following criteria:
(1) is age 55 or older;
(2) holds a current active license to practice public accounting under this chapter with a license status of active, inactive, or exempt under Minnesota Rules, part 1105.3700;
(3) declares that he or she is not practicing public accounting in any jurisdiction;
(4) was in good standing with the board
at the time the person last held a license under this chapter; and
(5) submits an application for retired
status on a form provided by the board.
Subd. 2. Retired
status effect. Retired status
is an honorific status. Retired status
is not a license to engage in the practice of public accounting. A person granted retired status shall not
perform or offer to perform services for which a license under this chapter is
required.
Subd. 3. Documentation
of status. The board shall
provide to a person granted retired status a document stating that retired
status has been granted.
Subd. 4. Representation
to the public. A person
granted retired status may represent themselves as "Certified Public
Accountant - Retired," "CPA - Retired," "Retired Certified
Public Accountant," or "Retired CPA," but shall not represent
themselves or allow themselves to be represented to the public as a current
licensee of the board.
Subd. 5. Continuing
education not required. A
person is not required to comply with the continuing education requirements in
section 326A.04, subdivision 4, to acquire or maintain retired status.
Subd. 6. Renewal
not required. A person
granted retired status is not required to renew the person's registration or
pay renewal fees to maintain retired status.
Subd. 7. Change
to active or inactive status. The
board shall change a license status from retired to active or inactive if a person with retired status requests
a status change and meets requirements for reactivation prescribed by rule.
Sec. 59. Minnesota Statutes 2018, section 326A.08, subdivision 4, is amended to read:
Subd. 4. Cease and desist orders. (a) The board, or the complaint committee if authorized by the board, may issue and have served upon a certificate holder, a permit holder, a registration holder, a person with practice privileges granted under section 326A.14, a person who has previously been subject to a disciplinary order by the board, or an unlicensed firm or person an order requiring the person or firm to cease and desist from the act or practice constituting a violation of the statute, rule, or order. The order must be calculated to give reasonable notice of the rights of the person or firm to request a hearing and must state the reasons for the entry of the order. No order may be issued until an investigation of the facts has been conducted pursuant to section 214.10.
(b) Service of the order is effective
when the order is served on the person, firm, or counsel of record personally,
or by certified mail to the most recent address provided to the board for the
person, firm, or counsel of record. may be by first class United States
mail, including certified United States mail, or overnight express mail
service, postage prepaid and addressed to the party at the party's last known
address. Service by United States mail,
including certified mail, is complete upon placing the order in the mail or
otherwise delivering the order to the United States mail service. Service by overnight express mail service is
complete upon delivering the order to an authorized agent of the express mail
service.
(c) Unless otherwise agreed by the board, or the complaint committee if authorized by the board, and the person or firm requesting the hearing, the hearing must be held no later than 30 days after the request for the hearing is received by the board.
(d) The administrative law judge shall issue a report within 30 days of the close of the contested case hearing record, notwithstanding Minnesota Rules, part 1400.8100, subpart 3. Within 30 days after receiving the report and any exceptions to it, the board shall issue a further order vacating, modifying, or making permanent the cease and desist orders as the facts require.
(e) If no hearing is requested within 30 days of service of the order, the order becomes final and remains in effect until it is modified or vacated by the board.
(f) If the person or firm to whom a cease and desist order is issued fails to appear at the hearing after being duly notified, the person or firm is in default and the proceeding may be determined against that person or firm upon consideration of the cease and desist order, the allegations of which may be considered to be true.
(g) In lieu of or in addition to the order provided in paragraph (a), the board may require the person or firm to provide to the board a true and complete list of the person's or firm's clientele so that they can, if deemed necessary, be notified of the board's action. Failure to do so, or to provide an incomplete or inaccurate list, is an act discreditable.
Sec. 60. Minnesota Statutes 2018, section 326A.08, subdivision 5, is amended to read:
Subd. 5. Actions against persons or firms. (a) The board may, by order, deny, refuse to renew, suspend, temporarily suspend, or revoke the application, or practice privileges, registration or certificate of a person or firm; censure or reprimand the person or firm; prohibit the person or firm from preparing tax returns or reporting on financial statements; limit the scope of practice of any licensee; limit privileges under section 326A.14; refuse to permit a person to sit for examination; or refuse to release the person's examination grades if the board finds that the order is in the public interest and that, based on a preponderance of the evidence presented, the person or firm:
(1) has violated a statute, rule, or order that the board has issued or is empowered to enforce;
(2) has engaged in conduct or acts that are fraudulent, deceptive, or dishonest whether or not the conduct or acts relate to performing or offering to perform professional services, providing that the fraudulent, deceptive, or dishonest conduct or acts reflect adversely on the person's or firm's ability or fitness to provide professional services;
(3) has engaged in conduct or acts that are negligent or otherwise in violation of the standards established by board rule, where the conduct or acts relate to providing professional services, including in the filing or failure to file the licensee's income tax returns;
(4) has been convicted of, has pled guilty or nolo contendere to, or has been sentenced as a result of the commission of a felony or crime, an element of which is dishonesty or fraud; has been shown to have or admitted to having engaged in acts or practices tending to show that the person or firm is incompetent; or has engaged in conduct reflecting adversely on the person's or firm's ability or fitness to provide professional services, whether or not a conviction was obtained or a plea was entered or withheld and whether or not dishonesty or fraud was an element of the conduct;
(5) employed fraud or deception in obtaining a certificate, permit, registration, practice privileges, renewal, or reinstatement or in passing all or a portion of the examination;
(6) has had the person's or firm's permit, registration, practice privileges, certificate, right to examine, or other similar authority revoked, suspended, canceled, limited, or not renewed for cause, or has committed unprofessional acts for which the person or firm was otherwise disciplined or sanctioned, including, but not limited to, being ordered to or agreeing to cease and desist from prescribed conduct, in any state or any foreign country;
(7) has had the person's or firm's right to practice before any federal, state, other government agency, or Public Company Accounting Oversight Board revoked, suspended, canceled, limited, or not renewed for cause, or has committed unprofessional acts for which the person or firm was otherwise disciplined or sanctioned, including, but not limited to, being ordered to or agreeing to cease and desist from prescribed conduct;
(8) failed to meet any requirement for the issuance or renewal of the person's or firm's certificate, registration or permit, or for practice privileges;
(9) with respect to temporary suspension orders, has committed an act, engaged in conduct, or committed practices that may result or may have resulted, in the opinion of the board or the complaint committee if authorized by the board, in an immediate threat to the public;
(10) has engaged in any conduct reflecting adversely upon the person's or firm's fitness to perform services while a licensee, individual granted privileges under section 326A.14, or a person registered under section 326A.06, paragraph (b); or
(11) has, prior to a voluntary surrender of a certificate or permit to the board, engaged in conduct which at any time resulted in the discipline or sanction described in clause (6) or (7).
(b) In lieu of or in addition to any remedy provided in paragraph (a), the board, or the complaint committee if authorized by the board, may require, as a condition of continued possession of a certificate, a registration, or practice privileges, termination of suspension, reinstatement of permit, registration of a person or firm or of practice privileges under section 326A.14, a certificate, an examination, or release of examination grades, that the person or firm:
(1) submit to a peer review of the person's or firm's ability, skills, or quality of work, conducted in a fashion and by persons, entity, or entities as required by the board; and
(2) complete to the satisfaction of the board continuing professional education courses specified by the board.
(c) Service of the order is effective
if the order is served on the person, firm, or counsel of record personally or
by certified mail to the most recent address provided to the board for the
person, firm, or counsel of record. may be by first class United States
mail, including certified United States mail, or overnight express mail
service, postage prepaid and addressed to the party at the party's last known
address. Service by United States mail,
including certified mail, is complete upon placing the order in the mail or
otherwise delivering the order to the United States mail service. Service by overnight express mail service is
complete upon delivering the order to an authorized agent of the express mail
service. The order shall state the
reasons for the entry of the order.
(d) All hearings required by this subdivision must be conducted in accordance with chapter 14 except with respect to temporary suspension orders as provided for in subdivision 6.
(e) In addition to the remedies authorized by this subdivision, the board, or the complaint committee if authorized by the board, may enter into an agreement with the person or firm for corrective action and may unilaterally issue a warning to a person or firm.
(f) The board shall not use agreements for corrective action or warnings in any situation where the person or firm has been convicted of or pled guilty or nolo contendere to a felony or crime and the felony or crime is the basis of the board's action against the person or firm, where the conduct of the person or firm indicates a pattern of related violations of paragraph (a) or the rules of the board, or where the board concludes that the conduct of the person or firm will not be deterred other than by disciplinary action under this subdivision or subdivision 4 or 6.
(g) Agreements for corrective action may be used by the board, or the complaint committee if authorized by the board, where the violation committed by the person or firm does not warrant disciplinary action pursuant to this subdivision or subdivision 4 or 6, but where the board, or the complaint committee if authorized by the board, determines that corrective action is required to prevent further such violations and to otherwise protect the public. Warnings may be used by the board, or the complaint committee if authorized by the board, where the violation of the person or firm is de minimus, does not warrant disciplinary action under this subdivision or subdivision 4 or 6, and does not require corrective action to protect the public.
(h) Agreements for corrective action must not be considered disciplinary action against the person's or firm's application, permit, registration or certificate, or practice privileges under section 326A.14. However, agreements for corrective action are public data. Warnings must not be considered disciplinary action against the person's or firm's application, permit, registration, or certificate or person's practice privileges and are private data.
Sec. 61. Minnesota Statutes 2018, section 326A.08, is amended by adding a subdivision to read:
Subd. 10. Actions
against lapsed license, certificate, or permit. If a person's or firm's permit,
registration, practice privileges, license, certificate, or other similar
authority lapses, expires, is surrendered, withdrawn, terminated, canceled,
limited, not renewed, or otherwise becomes invalid, the board may institute a
proceeding under this subdivision within two years after the date the license,
certificate, or permit was last effective and enter a revocation or suspension
order as of the last date on which the license, certificate, or permit was in
effect, or impose a civil penalty as provided for in subdivision 7.
Sec. 62. Minnesota Statutes 2018, section 326A.10, is amended to read:
326A.10
UNLAWFUL ACTS.
(a) Only a licensee and individuals who have been granted practice privileges under section 326A.14 may issue a report on financial statements of any person, firm, organization, or governmental unit that results from providing attest services, or offer to render or render any attest service. Only a certified public accountant, an individual who has been granted practice privileges under section 326A.14, a CPA firm, or, to the extent permitted by board rule, a person registered under section 326A.06, paragraph (b), may issue a report on financial statements of any person, firm, organization, or governmental unit that results from providing compilation services or offer to render or render any compilation service. These restrictions do not prohibit any act of a public official or public employee in the performance of that person's duties or prohibit the performance by any nonlicensee of other services involving the use of accounting skills, including the preparation of tax returns, management advisory services, and the preparation of financial statements without the issuance of reports on them. Nonlicensees may prepare financial statements and issue nonattest transmittals or information on them which do not purport to be in compliance with the Statements on Standards for Accounting and Review Services (SSARS). Nonlicensees registered under section 326A.06, paragraph (b), may, to the extent permitted by board rule, prepare financial statements and issue nonattest transmittals or information on them.
(b) Licensees and individuals who have been granted practice privileges under section 326A.14 performing attest or compilation services must provide those services in accordance with professional standards. To the extent permitted by board rule, registered accounting practitioners performing compilation services must provide those services in accordance with standards specified in board rule.
(c) A person who does not hold a valid certificate issued under section 326A.04 or a practice privilege granted under section 326A.14 shall not use or assume the title "certified public accountant," the abbreviation "CPA," or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that the person is a certified public accountant.
(d) A firm shall not provide attest services or assume or use the title "certified public accountants," the abbreviation "CPA's," or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that the firm is a CPA firm unless (1) the firm has complied with section 326A.05, and (2) ownership of the firm is in accordance with this chapter and rules adopted by the board.
(e) A person or firm that does not hold a valid certificate or permit issued under section 326A.04 or 326A.05 or has not otherwise complied with section 326A.04 or 326A.05 as required in this chapter shall not assume or use the title "certified accountant," "chartered accountant," "enrolled accountant," "licensed accountant," "registered accountant," "accredited accountant," "accounting practitioner," "public accountant," "licensed public accountant," or any other title or designation likely to be confused with the title "certified public accountant," or use any of the abbreviations "CA," "LA," "RA," "AA," "PA," "AP," "LPA," or similar abbreviation likely to be confused with the abbreviation "CPA." The title "enrolled agent" or "EA" may only be used by individuals so designated by the Internal Revenue Service.
(f) Persons registered under section 326A.06, paragraph (b), may use the title "registered accounting practitioner" or the abbreviation "RAP." A person who does not hold a valid registration under section 326A.06, paragraph (b), shall not assume or use such title or abbreviation.
(g) Except to the extent permitted in paragraph (a), nonlicensees may not use language in any statement relating to the financial affairs of a person or entity that is conventionally used by licensees in reports on financial statements or on an attest service. In this regard, the board shall issue by rule safe harbor language that nonlicensees may use in connection with such financial information. A person or firm that does not hold a valid certificate or permit, or a registration issued under section 326A.04, 326A.05, or 326A.06, paragraph (b), or has not otherwise complied with section 326A.04 or 326A.05 as required in this chapter shall not assume or use any title or designation that includes the word "accountant" or "accounting" in connection with any other language, including the language of a report, that implies that the person or firm holds such a certificate, permit, or registration or has special competence as an accountant. A person or firm that does not hold a valid certificate or permit issued under section 326A.04 or 326A.05 or has not otherwise complied with section 326A.04 or 326A.05 as required in this chapter shall not assume or use any title or designation that includes the word "auditor" in connection with any other language, including the language of a report, that implies that the person or firm holds such a certificate or permit or has special competence as an auditor. However, this paragraph does not prohibit any officer, partner, member, manager, or employee of any firm or organization from affixing that person's own signature to any statement in reference to the financial affairs of such firm or organization with any wording designating the position, title, or office that the person holds, nor prohibit any act of a public official or employee in the performance of the person's duties as such.
(h)(1) No person holding a certificate or registration or firm holding a permit under this chapter shall use a professional or firm name or designation that is misleading about the legal form of the firm, or about the persons who are partners, officers, members, managers, or shareholders of the firm, or about any other matter. However, names of one or more former partners, members, managers, or shareholders may be included in the name of a firm or its successor.
(2) A common brand name or network name
part, including common initials, used by a CPA firm in its name, is not
misleading if the firm is a network firm as defined in the American Institute
of Certified Public Accountants (AICPA) Code of Professional Conduct in
effect July 1, 2011 incorporated by reference in Minnesota Rules, part
1105.0250, and when offering or rendering services that require
independence under AICPA standards, the firm must comply with the AICPA code's
applicable standards on independence.
(i) Paragraphs (a) to (h) do not apply to a person or firm holding a certification, designation, degree, or license granted in a foreign country entitling the holder to engage in the practice of public accountancy or its equivalent in that country, if:
(1) the activities of the person or firm in this state are limited to the provision of professional services to persons or firms who are residents of, governments of, or business entities of the country in which the person holds the entitlement;
(2) the person or firm performs no attest or compilation services and issues no reports with respect to the information of any other persons, firms, or governmental units in this state; and
(3) the person or firm does not use in this state any title or designation other than the one under which the person practices in the foreign country, followed by a translation of the title or designation into English, if it is in a different language, and by the name of the country.
(j) No holder of a certificate issued under section 326A.04 may perform attest services through any business form that does not hold a valid permit issued under section 326A.05.
(k) No individual licensee may issue a
report in standard form upon a compilation of financial information
through any form of business that does not hold a valid permit issued under
section 326A.05, unless the report discloses the name of the business through
which the individual is issuing the report, and the individual:
(1) signs the compilation report identifying the individual as a certified public accountant;
(2) meets the competency requirement provided in applicable standards; and
(3) undergoes no less frequently than once every three years, a peer review conducted in a manner specified by the board in rule, and the review includes verification that the individual has met the competency requirements set out in professional standards for such services.
(l) No person registered under section
326A.06, paragraph (b), may issue a report in standard form upon a
compilation of financial information unless the board by rule permits the
report and the person:
(1) signs the compilation report identifying the individual as a registered accounting practitioner;
(2) meets the competency requirements in board rule; and
(3) undergoes no less frequently than once every three years a peer review conducted in a manner specified by the board in rule, and the review includes verification that the individual has met the competency requirements in board rule.
(m) Nothing in this section prohibits a practicing attorney or firm of attorneys from preparing or presenting records or documents customarily prepared by an attorney or firm of attorneys in connection with the attorney's professional work in the practice of law.
(n) The board shall adopt rules that place limitations on receipt by a licensee or a person who holds a registration under section 326A.06, paragraph (b), of:
(1) contingent fees for professional services performed; and
(2) commissions or referral fees for recommending or referring to a client any product or service.
(o) Anything in this section to the contrary notwithstanding, it shall not be a violation of this section for a firm not holding a valid permit under section 326A.05 and not having an office in this state to provide its professional services in this state so long as it complies with the applicable requirements of section 326A.05, subdivision 1.
Sec. 63. Minnesota Statutes 2018, section 353.27, subdivision 3c, is amended to read:
Subd. 3c. Former
MERF members; member and employer contributions. (a) For the period July 1, 2015 2019,
through December 31, 2031, the member contributions for former members of the
Minneapolis Employees Retirement Fund and by the former Minneapolis Employees
Retirement Fund-covered employing units are governed by this subdivision.
(b) The member contribution for a public employee who was a member of the former Minneapolis Employees Retirement Fund on June 29, 2010, is 9.75 percent of the salary of the employee.
(c) The employer regular contribution with respect to a public employee who was a member of the former Minneapolis Employees Retirement Fund on June 29, 2010, is 9.75 percent of the salary of the employee.
(d) The annual employer supplemental
contribution is the employing unit's share of $31,000,000. For calendar years 2017 and 2018, the
employer supplemental contribution is the employing unit's share of
$21,000,000.
(e) Each employing unit's share under paragraph (d) is the amount determined from an allocation between each employing unit in the portion equal to the unit's employer supplemental contribution paid or payable under Minnesota Statutes 2012, section 353.50, during calendar year 2014.
(f) The employer supplemental contribution
amount under paragraph (d) for calendar year 2015 2019 must be
invoiced by the executive director of the Public Employees Retirement
Association by July 1, 2015. The
calendar year 2015 payment is payable in a single amount on or before September
30, 2015 2019. For subsequent
calendar years, the employer supplemental contribution under paragraph (d) must
be invoiced on January 31 of each year and. The employer supplemental contribution is
payable in two parts, with the first half payable on or before July 31 and with
the second half payable on or before December 15. Late payments are payable with interest,
compounded annually, at the applicable rate or rates specified in section
356.59, subdivision 3, per month for each month or portion of a month that has
elapsed after the due date.
(g) The employer supplemental contribution under paragraph (d) terminates on December 31, 2031.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 64. Minnesota Statutes 2018, section 353.505, is amended to read:
353.505
STATE CONTRIBUTIONS; FORMER MERF DIVISION.
(a) On September 15, 2019, and annually
thereafter, the state shall pay to the general employees retirement plan of the
Public Employees Retirement Association, with respect to the former MERF
division, $6,000,000 $16,000,000.
(b) On September 15, 2017, and
September 15, 2018, the state shall pay to the general employees retirement
plan of the Public Employees Retirement Association, with respect to the former
MERF division, $16,000,000.
(c) (b) State contributions
under this section end on September 15, 2031.
(c) The commissioner of management and
budget shall pay the contribution specified in this section. The amount required is appropriated annually
from the general fund to the commissioner of management and budget.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 65. Minnesota Statutes 2018, section 375.08, is amended to read:
375.08
BOARD TO FILL VACANCIES IN COUNTY OFFICES.
When a vacancy occurs in the office of an elected county auditor, county treasurer, county recorder, sheriff, county attorney, county surveyor, or coroner, the county board shall fill it by appointment. For that purpose it shall meet at the usual place of meeting, upon one day's notice from the chair or clerk, which shall be served personally upon each member in the same manner as a district court summons. The person appointed shall give the bond and take the oath required by law, and serve the remainder of the term, and until a successor qualifies. When a vacancy occurs in an office that has a chief deputy or first assistant, the chief deputy or first assistant may perform all the duties and functions of the office until it is filled by appointment by the county board.
Sec. 66. Minnesota Statutes 2018, section 375A.10, subdivision 5, is amended to read:
Subd. 5. Auditor-treasurer. In any county exercising the option provided in subdivision 2, clause (c), the office shall be known thereafter as the office of auditor-treasurer, if the office is to remain elective. If the board chooses to make the office of auditor-treasurer elective, and not require a referendum, it must act with the concurrence of at least 80 percent of its members.
In the exercise of this option, the county board shall direct which of the offices of auditor or treasurer shall be terminated for the purpose of providing for the election to the single office of auditor-treasurer. The duties, functions and responsibilities which have been heretofore and which shall hereafter be required by statute to be performed by the county auditor and the county treasurer shall be vested in and performed by the auditor-treasurer without diminishing, prohibiting or avoiding those specific duties required by statute to be performed by the county auditor and the county treasurer.
Nothing in this subdivision shall preclude the county from exercising the option to make the combined office of auditor-treasurer appointive as if it had been specifically enumerated in subdivision 2. If the combined office is to be appointive, a referendum under section 375A.12 shall be necessary, except as provided by section 375A.1205.
If the combined office is to be elective, a referendum under section 375A.12 shall be necessary if:
(a) the county board requires a referendum; or
(b) a referendum is required by a petition of a number of voters equal to ten percent of those voting in the county at the last general election that is received by the county auditor within 30 days after the second publication of the board resolution that orders the combination.
The persons last elected to the positions of auditor and treasurer before adoption of the resolution shall serve in those offices and perform the duties of those offices until the completion of the terms to which they were elected.
Sec. 67. Minnesota Statutes 2018, section 375A.12, subdivision 2, is amended to read:
Subd. 2. Form of government options. Except as provided in section 375A.1205 or by special law, the options provided in sections 375A.01 to 375A.10 shall be adopted in any county only after an affirmative vote of the voters in the county on the question of the adoption of the option. Except as provided in section 375A.01, only one such plan may be submitted at any one election.
Sec. 68. [375A.1205]
APPOINTING COUNTY OFFICERS.
Subdivision 1.
Authority to appoint certain
officers. A county board may
appoint the county auditor, county treasurer, or county recorder under section
375A.10, subdivision 2, or the auditor-treasurer under section 375A.10,
subdivision 5, by following the process outlined in this section. Notwithstanding section 375A.12, a referendum
is not required if the appointment is made pursuant to this section. A county board shall only use the authority
to appoint under the following circumstances:
(1) there is a vacancy in the office as provided in
section 351.02;
(2) the current office holder has notified the county
board that the officer will not file for the office, as provided in subdivision
2; or
(3) there is a signed contract with the county board and
the incumbent auditor, treasurer, auditor-treasurer, or recorder that provides
that the incumbent officer will be appointed to the position and retain tenure,
pay, and benefits equal to or greater than length of service.
Subd. 2.
Responsibility of county
officer. At least 104 days
before the filing date for office under section 204B.09, an elected county
officer must notify the county board in writing whether the officer will be
filing for another term. If the officer
indicates in writing that the officer will not file for the office and the
county board has passed a resolution under subdivision 6, affidavits of
candidacy will not be accepted for that office, and the office will not be
placed on the ballot.
Subd. 3.
Board controls; may change as
long as duties done. Upon
adoption of a resolution by the county board of commissioners and subject to
subdivisions 5 and 6, the duties of an elected official required by statute
whose office is made appointive as authorized by this section must be
discharged by the county board of commissioners acting through a department
head appointed by the board for that purpose.
Reorganization, reallocation, delegation, or other administrative change
or transfer does not diminish, prohibit, or avoid the discharge of duties
required by statute.
Subd. 4.
Discharge or demotion. (a) A county auditor, county
treasurer, county auditor-treasurer, or county recorder who was elected at the
most recent election for that office prior to a county board resolution to make
the office an appointed position, and the elected official is subsequently
appointed by the county board to the office, may not be involuntarily demoted
or discharged except for incompetency or misconduct.
(b) Prior to demoting or discharging an office holder
under this subdivision, the board must notify the office holder in writing and
state its grounds for the proposed demotion or discharge in reasonable detail. Within ten days after receipt of this
notification, the office holder may make a written request for a hearing before
an arbitrator and the request must be granted before final action is taken. Failure to request a hearing before an
arbitrator during this period is considered acquiescence to the board's action. The board may suspend an office holder with
pay pending the conclusion of the hearing and determination of the issues
raised in the hearing after charges have been filed which constitute grounds
for demotion or discharge. If an office
holder has been charged with a felony and the underlying conduct that is the
subject of the felony charge is grounds for a proposed discharge, the
suspension pending the conclusion of the hearing and determination of the issues
may be without pay. If a hearing under
this subdivision is held, the board must reimburse the office holder for any
salary or compensation withheld if the final decision of the arbitrator does
not result in a penalty or discharge of the office holder.
(c) If the office holder and the board are unable to
mutually agree on an arbitrator, the board must request from the Bureau of
Mediation Services a list of seven persons qualified to serve as an arbitrator. If the office holder and the board are unable
to mutually agree on an arbitrator from the list provided, the parties shall
alternately strike names from the list until the name of one arbitrator remains. The person remaining after the striking
procedure must
be
the arbitrator. If the parties are unable
to agree on who shall strike the first name, the question must be decided by a
flip of a coin. The office holder and
the board must share equally the costs and fees of the arbitrator except as set
forth in paragraph (g).
(d) The arbitrator shall determine, by
a preponderance of the evidence, whether the grounds for discharge or demotion
exist to support the proposed discharge or demotion. A lesser penalty than demotion or discharge
may be imposed by the arbitrator only to the extent that either party proposes
such lesser penalty in the proceeding. In
making the determination, the arbitration proceeding is governed by sections
572B.15 to 572B.28.
(e) An arbitration hearing conducted
under this subdivision is a meeting for preliminary consideration of allegations
or charges within the meaning of section 13D.05, subdivision 3, paragraph (a),
and must be closed, unless the office holder requests it to be open.
(f) The arbitrator's award is final and
binding on the parties, subject to sections 572B.18 to 572B.28.
(g) In the event the arbitrator rules
not to demote or discharge the office holder, the board shall pay all of the
costs and fees of the arbitrator and the attorney fees of the office holder.
Subd. 5. Incumbents
to complete term. The person elected
at the last general election to an office made appointive under this section
must serve in that capacity and perform the duties, functions, and
responsibilities required by statute until the completion of the term of office
to which the person was elected, or until a vacancy occurs in the office,
whichever occurs earlier.
Subd. 6. Publishing
resolution; petition; referendum. (a)
Before the adoption of the resolution to provide for the appointment of an
office as described in subdivision 1, the county board must publish a proposed
resolution notifying the public of its intent to consider the issue once each
week, for two consecutive weeks, in the official publication of the county. Following publication and prior to formally
adopting the resolution, the county board shall provide an opportunity at its
next regular meeting for public comment relating to the issue. After the public comment opportunity, at the
same meeting or a subsequent meeting, the county board of commissioners may
adopt a resolution that provides for the appointment of the office or offices
as permitted in this section. The
resolution must be approved by at least 80 percent of the members of the county
board. The resolution may take effect 30
days after it is adopted, or at a later date stated in the resolution, unless a
petition is filed as provided in paragraph (b).
(b) Except when an office is made
appointive under subdivision 1, clause (3), within 30 days after the county
board adopts the resolution, a petition requesting a referendum may be filed
with the county auditor. The petition
must be signed by at least ten percent of the registered voters of the county. The petition must meet the requirements of
the secretary of state, as provided in section 204B.071, and any rules adopted
to implement that section. If the
petition is sufficient, the county board resolution is rescinded.
Subd. 7. Reverting
to elected offices. (a) The
county board may adopt a resolution to provide for the election of an office
that was made an appointed position under this section, but not until at least
three years after the office was made an appointed position. The county board must publish a proposed
resolution notifying the public of its intent to consider the issue once each
week, for two consecutive weeks, in the official publication of the county. Following publication and before formally
adopting the resolution, the county board must provide an opportunity at its
next regular meeting for public comment relating to the issue. After the public comment opportunity, at the
same meeting or a subsequent meeting, the county board of commissioners may
adopt the resolution. The resolution
must be approved by at least 60 percent of the members of the county board and
is effective August 1 following adoption of the resolution.
(b)
The question of whether an office that was made an appointed position under
this section must be made an elected office must be placed on the ballot at the
next general election if (1) the position has been an appointed position for at
least three years; (2) a petition signed by at least ten percent of the
registered voters of the county is filed with the office of the county auditor
by August 1 of the year in which the general election is held; and (3) the
petition meets the requirements of the secretary of state, as provided in
section 204B.071, and any rules adopted to implement that section. If a majority of the voters of the county
voting on the question vote in favor of making the office an elected position,
the election for that office must be held at the next regular or special
election.
Sec. 69. Minnesota Statutes 2018, section 382.01, is amended to read:
382.01
OFFICERS ELECTED; TERMS.
In every county in this state there shall be elected at the general election in 1918 a county auditor, a county treasurer, sheriff, county recorder, county attorney, and coroner.
The terms of office of these officers
shall be four years and shall begin on the first Monday in January next
succeeding their election. They shall hold
office until their successors are elected and qualified. Each of these offices shall must
be filled by election every four years thereafter, unless an office is
consolidated with another county office or made appointive under chapter 375A
or other general or special law.
Sec. 70. Minnesota Statutes 2018, section 382.02, is amended to read:
382.02
VACANCIES, HOW FILLED.
Any appointment made to fill a vacancy in any of the offices named in section 382.01 that has not been made appointive under chapter 375A or other general or special law shall be for the balance of such entire term, and be made by the county board.
Sec. 71. Minnesota Statutes 2018, section 469.074, is amended by adding a subdivision to read:
Subd. 3. Meetings
by telephone or other electronic means.
The port authority may conduct meetings as provided by section
13D.015.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 72. Minnesota Statutes 2018, section 473.606, subdivision 5, is amended to read:
Subd. 5. Employees,
others, affirmative action; prevailing wage.
The corporation shall have the power to appoint engineers and other
consultants, attorneys, and such other officers, agents, and employees as it
may see fit, who shall perform such duties and receive such compensation as the
corporation may determine notwithstanding the provisions of section 43A.17,
subdivision 9, and be removable at the pleasure of the corporation. The corporation must adopt an affirmative
action plan, which shall be submitted to the appropriate agency or office of
the state for review and approval. The
plan must include a yearly progress report to the agency or office. Whenever the corporation performs any work
within the limits of a city of the first class, or establishes a minimum wage
for skilled or unskilled labor in the specifications or any contract for work
within one of the cities, the rate of pay to such skilled and unskilled labor
must be the prevailing rate of wage for such labor in that city.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 73. [504B.279]
ACCESS TO MULTIUNIT FACILITIES BY UNITED STATES CENSUS EMPLOYEES.
Subdivision 1. Access
required. It is unlawful for
a person, either directly or indirectly, to deny access to an apartment house,
dormitory, nursing home, manufactured home park, other multiple unit facility
used as a residence, or an area in which two or more single-family dwellings
are located on private roadways, to an employee of the United States Census who
displays a current, valid census credential and who is engaged in official
census business. An employee granted
access under this section must be permitted to leave census materials for
residents at their doors, except that the manager of a nursing home may direct
that the materials be left at a central location within the facility. The materials must be left in an orderly
manner.
Subd. 2. Limitations. This section does not prohibit:
(1) denial of admittance into a
particular apartment, room, manufactured home, or personal residential unit;
(2) in the case of a nursing home or a
registered housing with services establishment providing assisted living
services meeting the requirements of Minnesota Statutes, section 144G.03,
subdivision 2, denial of permission to visit certain persons for valid health
reasons;
(3) limiting visits to a reasonable
number of census employees or reasonable hours;
(4) requiring a prior appointment to
gain access to the facility; or
(5) denial of admittance to or
expulsion of an individual employee from a multiple unit dwelling for good
cause.
Subd. 3. Compliance
with federal law. A person in
compliance with United States Code, title 13, section 223, and any guidance or
rules adopted by the United States Department of Commerce, Bureau of the
Census, governing access to a facility described in subdivision 1 is considered
to be in compliance with the requirements of this section.
Subd. 4. Applicability. This section is effective from January
1 to December 31 in any year during which a decennial census is conducted under
the authority of the United States Constitution, article I, section 2.
Sec. 74. MINNESOTA
CENSUS 2020 MOBILIZATION.
Subdivision 1. Duty
of commissioner of administration; grants and contracts. (a) The commissioner of administration
must, in collaboration with the Minnesota Census 2020 Mobilization Partnership,
facilitate the administration of a census mobilization program. The purpose of the program must be to
increase the participation of Minnesotans in the 2020 United States Census by
implementing the outreach and mobilization activities described in subdivisions
2 to 5.
(b) At least 45 percent of any
appropriation provided to the commissioner for the program required by this
section must be allocated for a grant to the Minnesota Council on Foundations. The Minnesota Council on Foundations must use
the grant to issue subgrants of up to $5,000 to the identified fiscal hosts of
any Minnesota‑based complete count committees. To be eligible for a subgrant, a complete
count committee must be registered with the United States Census Bureau and be
a tribal nation, political subdivision, nonpartisan nonprofit community
organization, or public or private college or university engaged in census
mobilization work in Minnesota. The
commissioner must advance up to 50 percent of the grant and the Minnesota
Council on Foundations may advance all or a portion of a subgrant awarded under
this section. Any appropriations not
allocated for grants may be used by the commissioner to further implement the
outreach and mobilization activities described in subdivisions 2 to 5 by
contract or by directing the work of the office of the state demographer.
(c)
The commissioner of administration may waive application of all or any portion
of Minnesota Statutes, sections 16B.97 to 16B.991, in awarding grants;
Minnesota Statutes, chapter 16C, in entering contracts; and Minnesota Statutes,
chapter 16E, in purchasing technology systems and software under this section to
facilitate the timely distribution of funds and to maximize the impact of the
outreach and mobilization activities. Notwithstanding
the waivers authorized by this paragraph, the commissioner may not waive
application of policies or procedures designed to ensure diversity and the
inclusion of traditionally underrepresented groups among grant recipients and
contract vendors.
(d) The commissioner must contract with
Community Connection Labs to purchase communication and technical tools
designed to support census outreach efforts.
If the commissioner is unable to enter this contract, the commissioner
may contract with another vendor or vendors offering comparable products and
tools, or may award grants to support the purchase of comparable communication
and technology tools.
Subd. 2. Engaging
hard to reach households. The
census mobilization partnership program must support:
(1) initiatives to increase census
response rates among households outside of the 11-county metropolitan area who
receive mail through a post office box; and
(2) initiatives to increase awareness among census employees, multiunit apartment managers and owners, and renters on the laws governing access to multiunit apartment buildings by census employees.
Subd. 3. Adapting
to the electronic census. The
census mobilization partnership program must support:
(1) opportunities for Minnesotans to
submit their census response electronically through online portals provided in
common gathering spaces within a community; and
(2) commit-to-the-census initiatives
that organize Minnesotans to commit to participate in the census and include
electronic reminders to facilitate their participation.
Subd. 4. Reaching
historically undercounted communities.
The census mobilization partnership program must support:
(1) job sourcing initiatives that
encourage a sufficient pool of qualified candidates to apply for positions with
the Census Bureau, and efforts to ensure that the pool of candidates reflects
the diversity of Minnesota's communities, including those communities
historically undercounted in census reports; and
(2) initiatives that engage historically
undercounted communities and reduce census participation gaps in these
communities compared to Minnesota's historically high overall census response
rate.
Subd. 5. Shared
services. The census
mobilization partnership program must support efficiency in census mobilization
efforts by providing shared services to support local and community census
outreach, including development of multilingual educational and promotional
materials and tools to reach respondents through a variety of communication
platforms and services.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 75. LEGISLATIVE
EMPLOYEE WORKING GROUP ON THE LEGISLATURE'S ACCESSIBILITY MEASURES.
Subdivision 1. Membership. The legislative employee working group
on the legislature's accessibility measures consists of 12 members. The senate majority leader and the speaker of
the house must each appoint four employees from among the following offices
that serve the respective bodies: media
offices, information
technology
offices, legal and fiscal analysis offices, the secretary of the senate, the
chief clerk of the house of representatives, and other offices considered
appropriate. The chair of the
Legislative Coordinating Commission must appoint four members from among the
employees who serve in the Office of the Revisor of Statutes, the Legislative
Reference Library, the Legislative Coordinating Commission, and the Office of
the Legislative Auditor. In conducting
its work, the working group may consult with the MN.IT Office of Accessibility;
the Commission of Deaf, Deafblind and Hard of Hearing; the Minnesota Council on
Disability; State Services for the Blind; and other groups that may be of
assistance. Appointments to the working
group must be made by June 1, 2019.
Subd. 2. Duties;
report. (a) The employee
working group must submit a report to the chairs and ranking minority members
of the legislative committees with jurisdiction over rules and to the chair and
vice-chair of the Legislative Coordinating Commission by January 15, 2020. The report must:
(1) identify ways the legislature's
accessibility measures do not meet accessibility standards applicable to state
agencies under Minnesota Statutes, section 16E.03, subdivision 9;
(2) identify issues and technologies
that may present barriers to compliance;
(3) suggest a compliance exception
process;
(4) describe a plan to update the legislature's
accessibility measures to be comparable to those required of state agencies
under Minnesota Statutes, section 16E.03, subdivision 9; and
(5) estimate the costs for updates to
the legislature's accessibility measures.
(b) For purposes of this report, the
employee working group does not need to consider making archived documents,
recordings, or publications accessible.
Subd. 3. First
meeting; chair. The executive
director of the Legislative Coordinating Commission must convene the first meeting
of the working group by July 15, 2019. At
the first meeting, the members must elect a chair.
Subd. 4. Compensation;
reimbursement. Members serve
without compensation but may be reimbursed for expenses.
Subd. 5. Administrative
support. The Legislative
Coordinating Commission must provide administrative support to the working
group.
Subd. 6. Expiration. The working group expires January 15,
2020, or a later date selected by agreement of the appointing authorities in
subdivision 1, but not later than January 15, 2025.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 76. LEGISLATIVE
BUDGET OFFICE ELIMINATED.
All operations of the Legislative Budget
Office established in Minnesota Statutes, section 3.8853, and the Legislative
Budget Office Oversight Commission established in Minnesota Statutes, section
3.8854, must be ended no later than July 1, 2019. Notwithstanding any laws in effect at the
time of their appointment, the term of employment of all Legislative Budget
Office employees is terminated effective July 1, 2019. The house of representatives, senate, and
Legislative Coordinating Commission must offer reasonable opportunities for
comparable employment in other offices of the legislature to employees whose
positions are terminated by this section, to the extent that is practical.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 77. WORLD
WAR I PLAQUE.
Subdivision 1. Purpose. The state wishes to honor all
Minnesota veterans who have honorably and bravely served in the United States
armed forces, both at home and abroad, during World War I.
Subd. 2. Replacement
plaque authorized. The
commissioner of administration shall place a memorial plaque in the court of
honor on the Capitol grounds to recognize the valiant service of Minnesota
veterans who have honorably and bravely served in the United States armed
forces, both at home and abroad, during World War I. This plaque will replace the current plaque
honoring veterans who served abroad during World War I. The Capitol Area Architectural and Planning
Board shall solicit design submissions from the public. Each design submission must include a
commitment to furnish the plaque at no cost to the state. The Capitol Area Architectural and Planning
Board shall select a design from those submitted to use as a basis for final
production. The selected design must be
approved by the commissioner of veterans affairs and must be furnished by the
person or group who submitted the design at no cost to the state.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 78. CAPITOL
FLAG PROGRAM STUDY.
(a) The commissioner of administration,
in consultation with the Legislative Coordinating Commission and the
commissioners of veterans affairs, military affairs, and public safety, must
study and develop recommendations to implement a Capitol flag program
consistent with the program enacted in Minnesota Statutes, section 16B.276. The study must include recommendations to
address any expected challenges in implementing the program, including the
uncertainty of sufficient funding to serve all families that may be eligible
for a flag, and challenges in verifying a family member's eligibility.
(b) The commissioner must report the
results of the study, including any recommendations, to the chairs and ranking
minority members of the legislative committees with jurisdiction over state
government finance and veterans affairs no later than January 15, 2020.
Sec. 79. MAINTENANCE
AND UPKEEP OF STATE OFFICE BUILDING.
No later than January 1, 2020, the
commissioner of administration must enter a contract with the house of
representatives for the regular maintenance and upkeep of space occupied by the
house of representatives in the State Office Building.
Sec. 80. MINNESOTA
LAW ENFORCEMENT ASSOCIATION LABOR AGREEMENT.
The labor agreement between the state
of Minnesota and the Minnesota Law Enforcement Association, submitted to the
Legislative Coordinating Commission Subcommittee on Employee Relations on April
5, 2019, is ratified.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 81. REPEALER.
Subdivision 1. Hair
braiding. Minnesota Statutes
2018, section 155A.28, subdivisions 1, 3, and 4, are repealed.
Subd. 2. Legislative
Budget Office. Minnesota
Statutes 2018, sections 3.8853; and 3.8854, and Laws 2017, First Special
Session chapter 4, article 2, sections 1, as amended by Laws 2018, chapter 214,
article 5, section 10; 3, as amended by Laws
2018, chapter 214, article 5, section 11; 7; 8; 9, as amended by Laws 2018,
chapter 214, article 5, section 12;
and 58, as amended by Laws 2018, chapter 214, article 5, section 13; and Laws
2018, chapter 214, article 5, sections 1; 2; 3; 4; 5; 6; 7; 8; 9; 10;
11; 12; 13; 14; and 15, are repealed.
Subd. 3. Local
government compensation limits. Minnesota
Statutes 2018, section 43A.17, subdivision 9, is repealed, effective the day
following final enactment.
ARTICLE 3
STATE PAYMENTS TERMINOLOGY
Section 1. Minnesota Statutes 2018, section 15.191, subdivision 1, is amended to read:
Subdivision 1. Emergency
disbursements. Imprest cash funds
for the purpose of making minor disbursements, providing for change, and
providing employees with travel advances or a portion or all of their payroll warrant
where the warrant payment has not been received through the
payroll system, may be established by state departments or agencies from
existing appropriations in the manner prescribed by this section.
Sec. 2. Minnesota Statutes 2018, section 15.191, subdivision 3, is amended to read:
Subd. 3. Warrant
Payment against designated appropriation. Imprest cash funds established under this
section shall be created by warrant drawn payment issued against
the appropriation designated by the commissioner of management and budget.
Sec. 3. Minnesota Statutes 2018, section 16A.065, is amended to read:
16A.065
PREPAY SOFTWARE, SUBSCRIPTIONS, UNITED STATES DOCUMENTS.
Notwithstanding section 16A.41,
subdivision 1, the commissioner may allow an agency to make advance deposits or
payments for software or software maintenance services for state-owned or
leased electronic data processing equipment, for information technology hosting
services, for sole source maintenance agreements where it is not cost-effective
to pay in arrears, for exhibit booth space or boat slip rental when required by
the renter to guarantee the availability of space, for registration fees where
advance payment is required or advance payment discount is provided, and
for newspaper, magazine, and other subscription fees, and other costs where
advance payment discount is provided or are customarily paid for in advance. The commissioner may also allow advance
deposits by any department with the Library of Congress and federal Supervisor
of Documents for items to be purchased from those federal agencies.
Sec. 4. Minnesota Statutes 2018, section 16A.13, subdivision 2a, is amended to read:
Subd. 2a. Procedure. The commissioner shall see that the
deduction for the withheld tax is made from an employee's pay on the payroll
abstract. The commissioner shall approve
one warrant payable payment to the commissioner for the total
amount deducted on the abstract. Deductions
from the pay of an employee paid direct by an agency shall be made by the
employee's payroll authority. A later
deduction must correct an error made on an earlier deduction. The paying authority shall see that a warrant
or check payment for the deductions is promptly sent to the
commissioner. The commissioner shall
deposit the amount of the warrant or check payment to the credit
of the proper federal authority or other person authorized by federal law to
receive it.
Sec. 5. Minnesota Statutes 2018, section 16A.15, subdivision 3, is amended to read:
Subd. 3. Allotment
and encumbrance. (a) A payment may
not be made without prior obligation. An
obligation may not be incurred against any fund, allotment, or appropriation
unless the commissioner has certified a sufficient unencumbered balance or the
accounting system shows sufficient allotment or encumbrance balance in the
fund, allotment, or appropriation to meet it.
The commissioner shall determine when the accounting system may be used
to incur obligations without the commissioner's certification of a sufficient
unencumbered balance. An expenditure or
obligation authorized or incurred in violation of this chapter is invalid and
ineligible for payment until made valid.
A payment made in violation of this chapter is illegal. An employee authorizing or making the
payment, or taking part in it, and a person receiving any part of the payment,
are jointly and severally liable to the state for the amount paid or received. If an employee knowingly incurs an obligation
or authorizes or makes an expenditure in violation of this chapter or takes
part in the violation, the violation is just cause for the employee's removal
by the appointing authority or by the governor if an appointing authority other
than the governor fails to do so. In the
latter case, the governor shall give notice of the violation and an opportunity
to be heard on it to the employee and to the appointing authority. A claim presented against an appropriation
without prior allotment or encumbrance may be made valid on investigation,
review, and approval by the agency head in accordance with the commissioner's
policy, if the services, materials, or supplies to be paid for were actually
furnished in good faith without collusion and without intent to defraud. The commissioner may then draw a warrant
to pay the claim just as properly allotted and encumbered claims are paid.
(b) The commissioner may approve payment for materials and supplies in excess of the obligation amount when increases are authorized by section 16C.03, subdivision 3.
(c) To minimize potential construction delay claims, an agency with a project funded by a building appropriation may allow a contractor to proceed with supplemental work within the limits of the appropriation before money is encumbered. Under this circumstance, the agency may requisition funds and allow contractors to expeditiously proceed with a construction sequence. While the contractor is proceeding, the agency shall immediately act to encumber the required funds.
Sec. 6. Minnesota Statutes 2018, section 16A.272, subdivision 3, is amended to read:
Subd. 3. Section
7.19 16A.271 to apply. The
provisions of Minnesota Statutes 1941, section 7.19 16A.271,
shall apply to deposits of securities made pursuant to this section.
Sec. 7. Minnesota Statutes 2018, section 16A.40, is amended to read:
16A.40
WARRANTS AND ELECTRONIC FUND TRANSFERS.
Money must not be paid out of the state
treasury except upon the warrant of the commissioner or an electronic fund
transfer approved by the commissioner. Warrants
must be drawn on printed blanks that are in numerical order. The commissioner shall enter, in numerical
order in a warrant payment register, the number, amount, date,
and payee for every warrant payment issued.
The commissioner may require payees to supply their bank routing information to enable the payments to be made through an electronic fund transfer.
Sec. 8. Minnesota Statutes 2018, section 16A.42, subdivision 2, is amended to read:
Subd. 2. Approval. If the claim is approved, the
commissioner shall complete and sign a warrant issue a payment in
the amount of the claim.
Sec. 9. Minnesota Statutes 2018, section 16A.42, is amended by adding a subdivision to read:
Subd. 5.
Invalid claims. If the commissioner determines that a
claim is invalid after issuing a warrant, the commissioner may void an unpaid
warrant. The commissioner is not liable
to any holder who took the void warrant for value.
Sec. 10. Minnesota Statutes 2018, section 16A.671, subdivision 1, is amended to read:
Subdivision 1. Authority; advisory recommendation. To ensure that cash is available when
needed to pay warrants make payments drawn on the general fund
under appropriations and allotments, the commissioner may (1) issue
certificates of indebtedness in anticipation of the collection of taxes levied
for and other revenues appropriated to the general fund for expenditure during
each biennium; and (2) issue additional certificates to refund outstanding
certificates and interest on them, under the constitution, article XI, section
6.
Sec. 11. Minnesota Statutes 2018, section 16B.37, subdivision 4, is amended to read:
Subd. 4. Work of department for another. To avoid duplication and improve
efficiency, the commissioner may direct an agency to do work for another agency
or may direct a division or section of an agency to do work for another
division or section within the same agency and shall require reimbursement for
the work. Reimbursements received by an agency
are reappropriated to the account making the original expenditure in accordance
with the transfer warrant procedure established by the commissioner of
management and budget.
Sec. 12. Minnesota Statutes 2018, section 16D.03, subdivision 2, is amended to read:
Subd. 2. State agency reports. State agencies shall report quarterly to
the commissioner of management and budget the debts owed to them. The commissioner of management and budget,
in consultation with the commissioners of revenue and human services, and the
attorney general, shall establish internal guidelines for the recognition,
tracking, and reporting, and collection of debts owed the state. The internal guidelines must include
accounting standards, performance measurements, and uniform reporting
requirements applicable to all state agencies.
The commissioner of management and budget shall require a state agency
to recognize, track, report, and attempt to collect debts according to the
internal guidelines. The
commissioner, in consultation with the commissioner of management and budget
and the attorney general, shall establish internal guidelines for the
collection of debt owed to the state.
Sec. 13. Minnesota Statutes 2018, section 16D.09, subdivision 1, is amended to read:
Subdivision 1. Generally.
(a) When a debt is determined by a state agency to be
uncollectible, the debt may be written off by the state agency from the state
agency's financial accounting records and no longer recognized as an account
receivable for financial reporting purposes.
A debt is considered to be uncollectible when (1) all reasonable
collection efforts have been exhausted, (2) the cost of further collection
action will exceed the amount recoverable, (3) the debt is legally without
merit or cannot be substantiated by evidence, (4) the debtor cannot be located,
(5) the available assets or income, current or anticipated, that may be
available for payment of the debt are insufficient, (6) the debt has been
discharged in bankruptcy, (7) the applicable statute of limitations for
collection of the debt has expired, or (8) it is not in the public interest to
pursue collection of the debt. The
determination of the uncollectibility of a
(b) Uncollectible debt must be reported by the state
agency along with the basis for that decision as part of its quarterly
reports to the commissioner of management and budget. The basis for the determination of the
uncollectibility of the debt must be maintained by the state agency. If an uncollectible debt equals or exceeds $100,000,
the agency shall notify the chairs and ranking minority members of the
legislative committees with jurisdiction over the state agency's budget at the
time the debt is determined to be uncollectible. The information
reported shall contain the entity associated with the uncollected debt, the amount of the debt, the revenue type, the reason the debt is considered uncollectible, and the duration the debt has been outstanding. The commissioner of management and budget shall report to the chairs and ranking minority members of the legislative committees with jurisdiction over Minnesota Management and Budget an annual summary of the number and dollar amount of debts determined to be uncollectible during the previous fiscal year by October 31 of each year. Determining that the debt is uncollectible does not cancel the legal obligation of the debtor to pay the debt.
Sec. 14. Minnesota Statutes 2018, section 21.116, is amended to read:
21.116
EXPENSES.
All necessary expenses incurred in
carrying out the provisions of sections 21.111 to 21.122 and the compensation
of officers, inspectors, and employees appointed, designated, or employed by
the commissioner, as provided in such sections, together with their necessary
traveling expenses, together with the traveling expenses of the members of the
advisory seed potato certification committee, and other expenses necessary in
attending committee meetings, shall be paid from, and only from, the seed
potato inspection account, on order of the commissioner and commissioner of
management and budget's voucher warrant budget.
Sec. 15. Minnesota Statutes 2018, section 80A.65, subdivision 9, is amended to read:
Subd. 9. Generally. No filing for which a fee is required
shall be deemed to be filed or given any effect until the proper fee is paid. All fees and charges collected by the
administrator shall be covered into the state treasury. When any person is entitled to a refund under
this section, the administrator shall certify to the commissioner of management
and budget the amount of the fee to be refunded to the applicant, and the
commissioner of management and budget shall issue a warrant in payment
thereof out of the fund to which such fee was credited in the manner provided
by law. There is hereby appropriated to
the person entitled to such refunds from the fund in the state treasury to
which such fees were credited an amount to make such refunds and payments.
Sec. 16. Minnesota Statutes 2018, section 84A.23, subdivision 4, is amended to read:
Subd. 4. Drainage ditch bonds; reports. (a) Immediately after a project is approved and accepted and then after each distribution of the tax collections on the June and November tax settlements, the county auditor shall certify to the commissioner of management and budget the following information relating to bonds issued to finance or refinance public drainage ditches wholly or partly within the projects, and the collection of assessments levied on account of the ditches:
(1) the amount of principal and interest to become due on the bonds before the next tax settlement and distribution;
(2) the amount of money collected from the drainage assessments and credited to the funds of the ditches; and
(3) the amount of the deficit in the ditch fund of the county chargeable to the ditches.
(b) On approving the certificate, the
commissioner of management and budget shall draw a warrant issue a
payment, payable out of the fund pertaining to the project, for the amount
of the deficit in favor of the county.
(c) As to public drainage ditches wholly within a project, the amount of money paid to or for the benefit of the county under paragraph (b) must never exceed the principal and interest of the bonds issued to finance or refinance the ditches outstanding at the time of the passage and approval of sections 84A.20 to 84A.30, less money on hand in
the county ditch fund to the credit of the ditches. The liabilities must be reduced from time to time by the amount of all payments of assessments after April 25, 1931, made by the owners of lands assessed before that date for benefits on account of the ditches.
(d) As to public drainage ditches partly within and partly outside a project, the amount paid from the fund pertaining to the project to or for the benefit of the county must never exceed a certain percentage of bonds issued to finance and refinance the ditches so outstanding, less money on hand in the county ditch fund to the credit of the ditches on April 25, 1931. The percentage must bear the same proportion to the whole amount of these bonds as the original benefits assessed against lands within the project bear to the original total benefits assessed to the entire system of the ditches. This liability shall be reduced from time to time by the payments of all assessments extended after April 25, 1931, made by the owners of lands within the project of assessments for benefits assessed before that date on account of a ditch.
(e) The commissioner of management and budget may provide and prescribe forms for reports required by sections 84A.20 to 84A.30 and require any additional information from county officials that the commissioner of management and budget considers necessary for the proper administration of sections 84A.20 to 84A.30.
Sec. 17. Minnesota Statutes 2018, section 84A.33, subdivision 4, is amended to read:
Subd. 4. Ditch bonds; funds; payments to counties. (a) Upon the approval and acceptance of a project and after each distribution of the tax collections for the June and November tax settlements, the county auditor shall certify to the commissioner of management and budget the following information about bonds issued to finance or refinance public drainage ditches wholly or partly within the projects, and the collection of assessments levied for the ditches:
(1) the amount of principal and interest to become due on the bonds before the next tax settlement and distribution;
(2) the amount of money collected from the drainage assessments and credited to the funds of the ditches, not already sent to the commissioner of management and budget as provided in sections 84A.31 to 84A.42; and
(3) the amount of the deficit in the ditch fund of the county chargeable to the ditches.
(b) On approving this certificate of the
county auditor, the commissioner of management and budget shall draw a
warrant issue a payment, payable out of the fund provided for in
sections 84A.31 to 84A.42, and send it to the county treasurer of the county. These funds must be credited to the proper
ditch of the county and placed in the ditch bond fund of the county, which is
created, and used only to pay the ditch bonded indebtedness of the county
assumed by the state under sections 84A.31 to 84A.42. The total amount of warrants drawn payments
issued must not exceed in any one year the total amount of the deficit
provided for under this section.
(c) The state is subrogated to all title, right, interest, or lien of the county in or on the lands so certified within these projects.
(d) As to public drainage ditches wholly within a project, the amount paid to, or for the benefit of, the county under this subdivision must never exceed the principal and interest of the bonds issued to finance or refinance a ditch outstanding on April 22, 1933, less money on hand in the county ditch fund to the credit of a ditch. These liabilities must be reduced from time to time by the amount of any payments of assessments extended after April 22, 1933, made by the owners of lands assessed before that date for benefits on account of the ditches.
As to public drainage ditches partly within and partly outside a project the amount paid from the fund pertaining to the project to or for the benefit of the county must never exceed a certain percentage of bonds issued to finance and refinance a ditch so outstanding, less money on hand in the county ditch fund to the credit of a ditch on April 22, 1932. The percentage must bear the same proportion to the whole amount of the bonds as the original benefits assessed against these lands within the project bear to the original total benefits assessed to the entire system for a ditch. This liability must be reduced from time to time by the payments of all assessments extended after April 22, 1933, made by the owners of lands within the project of assessments for benefits assessed before that date on account of a ditch.
Sec. 18. Minnesota Statutes 2018, section 84A.52, is amended to read:
84A.52
ACCOUNTS; EXAMINATION, APPROPRIATION, PAYMENT.
(a) As a part of the examination provided
for by section 6.481, of the accounts of the several counties within a game
preserve, area, or project established under section 84A.01, 84A.20, or 84A.31,
the state auditor shall segregate the audit of the accounts reflecting the
receipt and disbursement of money collected or disbursed under this chapter or
from the sale of tax-forfeited lands held by the state under section 84A.07,
84A.26, or 84A.36. The auditor shall
also include in the reports required by section 6.481 summary statements as of
December 31 before the examination that set forth the proportionate amount of
principal and interest due from the state to the individual county and any
money due the state from the county remaining unpaid under this chapter, or
from the sale of any tax-forfeited lands referred to in this section, and other
information required by the commissioner of management and budget. On receiving a report, the commissioner of
management and budget shall determine the net amount due to the county for the
period covered by the report and shall draw a warrant issue a payment
upon the state treasury payable out of the consolidated fund for that amount. It must be paid to and received by the county
as payment in full of all amounts due for the period stated on the warrants
payments from the state under any provision of this chapter.
(b) Money to pay the warrants make
the payments is appropriated to the counties entitled to payment from the
consolidated fund in the state treasury.
Sec. 19. Minnesota Statutes 2018, section 88.12, subdivision 1, is amended to read:
Subdivision 1. Limitation. The compensation and expenses of persons
temporarily employed in emergencies in suppression or control of wildfires
shall be fixed by the commissioner of natural resources or an authorized agent
and paid as provided by law. Such
compensation shall not exceed the maximum rate for comparable labor established
as provided by law or rules, but shall not be subject to any minimum rate so
established. The commissioner is
authorized to draw and expend from money appropriated for the purposes of
sections 88.03 to 88.22 a reasonable sum and through forest officers or other
authorized agent be used in paying emergency expenses, including just
compensation for services rendered by persons summoned and for private property
used, damaged, or appropriated under sections 88.03 to 88.22. The commissioner of management and budget is
authorized to draw a warrant issue a payment for this sum when
duly approved by the commissioner. The
commissioner or agent in charge shall take proper subvouchers or receipts from
all persons to whom these moneys are paid, and after these subvouchers have
been approved they shall be filed with the commissioner of management and
budget. Authorized funds as herein
provided at any time shall be deposited, subject to withdrawal or disbursement
by check or otherwise for the purposes herein prescribed, in a bank authorized
and bonded to receive state deposits; and the bond of this bank to the state
shall cover and include this deposit.
Sec. 20. Minnesota Statutes 2018, section 94.522, is amended to read:
94.522
WARRANTS PAYMENTS TO COUNTY TREASURERS; USE OF PROCEEDS.
It shall be the duty of the commissioner
of management and budget to transmit warrants on payments from
the state treasury to the county treasurer of the respective counties for the
sums that may be due in accordance with section 94.521, which sums are hereby
appropriated out of the state treasury from the amounts received from the
United States government pursuant to the aforesaid acts of Congress, and such
money shall be used by the counties receiving the same for the purposes and in
the proportions herein provided.
Sec. 21. Minnesota Statutes 2018, section 94.53, is amended to read:
94.53
WARRANTS PAYMENTS TO COUNTY TREASURERS; FEDERAL LOANS TO
COUNTIES.
It shall be the duty of the commissioner
of management and budget to transmit warrants on payments from
the state treasury to the county treasurers of the respective counties for the
sum that may be due in accordance with sections 94.52 to 94.54, which sum or
sums are hereby appropriated out of the state treasury from the amounts
received from the United States government pursuant to the aforesaid act of
Congress. The commissioner of management
and budget, upon being notified by the federal government or any agencies
thereof that a loan has been made to any such county the repayment of which is
to be made from such fund, is authorized to transmit a warrant or warrants
payment to the federal government or any agency thereof sufficient to
repay such loan out of any money apportioned or due to such county under the
provisions of such act of Congress, approved May 23, 1908 (Statutes at Large,
volume 35, page 260).
Sec. 22. Minnesota Statutes 2018, section 116J.64, subdivision 7, is amended to read:
Subd. 7. Processing. (a) An Indian desiring a loan for the purpose of starting a business enterprise or expanding an existing business shall make application to the appropriate tribal government. The application shall be forwarded to the appropriate eligible organization, if it is participating in the program, for consideration in conformity with the plans submitted by said tribal governments. The tribal government may approve the application if it determines that the loan would advance the goals of the Indian business loan program. If the tribal government is not participating in the program, the agency may directly approve or deny the loan application.
(b) If the application is approved, the
tribal government shall forward the application, together with all relevant
documents pertinent thereto, to the commissioner of the agency, who shall cause
a warrant request a payment to be drawn in favor of issued
to the applicant or the applicable tribal government, or the agency,
if it is administering the loan, with appropriate notations identifying the
borrower.
(c) The tribal government, eligible organization, or the agency, if it is administering the loan, shall maintain records of transactions for each borrower in a manner consistent with good accounting practice. The interest rate on a loan shall be established by the tribal government or the agency, but may be no less than two percent per annum nor more than ten percent per annum. When any portion of a debt is repaid, the tribal government, eligible organization, or the agency, if it is administering the loan, shall remit the amount so received plus interest paid thereon to the commissioner of management and budget through the agency. The amount so received shall be credited to the Indian business loan account.
(d) On the placing of a loan, additional money equal to ten percent of the total amount made available to any tribal government, eligible organization, or the agency, if it is administering the loan, for loans during the fiscal year shall be paid to the tribal government, eligible organization, or the agency, prior to December 31 for the purpose of financing administrative costs.
Sec. 23. Minnesota Statutes 2018, section 127A.34, subdivision 1, is amended to read:
Subdivision 1. Copy to commissioner of management and
budget; appropriation. The
commissioner shall furnish a copy of the apportionment of the school endowment
fund to the commissioner of management and budget, who thereupon shall draw
warrants on issue payments from the state treasury, payable to the
several districts, for the amount due each district. There is hereby annually appropriated from
the school endowment fund the amount of such apportionments.
Sec. 24. Minnesota Statutes 2018, section 127A.40, is amended to read:
127A.40 MANNER OF
PAYMENT OF STATE AIDS.
It shall be the duty of the commissioner to deliver to the
commissioner of management and budget a certificate for each district entitled
to receive state aid under the provisions of this chapter. Upon the receipt of such certificate, it
shall be the duty of the commissioner of management and budget to draw a
warrant in favor of issue a payment to the district for the amount
shown by each certificate to be due to the district. The commissioner of management and budget
shall transmit such warrants payments to the district together
with a copy of the certificate prepared by the commissioner.
Sec. 25. Minnesota Statutes 2018, section 136F.70, subdivision 3, is amended to read:
Subd. 3. Refunds.
The board may make refunds to students for tuition, activity fees,
union fees, and any other fees from imprest cash funds. The imprest cash fund shall be reimbursed
periodically by checks or warrants drawn on payments issued from
the funds and accounts to which the refund should ultimately be charged. The amounts necessary to pay the refunds are
appropriated from the funds and accounts to which they are charged.
Sec. 26. Minnesota Statutes 2018, section 176.181, subdivision 2, is amended to read:
Subd. 2. Compulsory insurance; self-insurers. (a) Every employer, except the state and its municipal subdivisions, liable under this chapter to pay compensation shall insure payment of compensation with some insurance carrier authorized to insure workers' compensation liability in this state, or obtain a written order from the commissioner of commerce exempting the employer from insuring liability for compensation and permitting self‑insurance of the liability. The terms, conditions and requirements governing self-insurance shall be established by the commissioner pursuant to chapter 14. The commissioner of commerce shall also adopt, pursuant to paragraph (d), rules permitting two or more employers, whether or not they are in the same industry, to enter into agreements to pool their liabilities under this chapter for the purpose of qualifying as group self-insurers. With the approval of the commissioner of commerce, any employer may exclude medical, chiropractic and hospital benefits as required by this chapter. An employer conducting distinct operations at different locations may either insure or self-insure the other portion of operations as a distinct and separate risk. An employer desiring to be exempted from insuring liability for compensation shall make application to the commissioner of commerce, showing financial ability to pay the compensation, whereupon by written order the commissioner of commerce, on deeming it proper, may make an exemption. An employer may establish financial ability to pay compensation by providing financial statements of the employer to the commissioner of commerce. Upon ten days' written notice the commissioner of commerce may revoke the order granting an exemption, in which event the employer shall immediately insure the liability. As a condition for the granting of an exemption the commissioner of commerce may require the employer to furnish security the commissioner of commerce considers sufficient to insure payment of all claims under this chapter, consistent with subdivision 2b. If the required security is in the form of currency or negotiable bonds, the commissioner of commerce shall deposit it with the commissioner of management and budget. In the event of any default upon the part of a self-insurer to abide by any final order or decision of the commissioner of labor and industry directing and awarding payment of compensation and benefits to any employee or the dependents of any deceased employee, then upon at least ten days' notice to the self-insurer, the commissioner of commerce may by
written
order to the commissioner of management and budget require the commissioner of
management and budget to sell the pledged and assigned securities or a part
thereof necessary to pay the full amount of any such claim or award with
interest thereon. This authority to sell
may be exercised from time to time to satisfy any order or award of the
commissioner of labor and industry or any judgment obtained thereon. When securities are sold the money obtained
shall be deposited in the state treasury to the credit of the commissioner of
commerce and awards made against any such self-insurer by the commissioner of
commerce shall be paid to the persons entitled thereto by the commissioner of
management and budget upon warrants prepared payments requested
by the commissioner of commerce out of the proceeds of the sale of securities. Where the security is in the form of a surety
bond or personal guaranty the commissioner of commerce, at any time, upon at
least ten days' notice and opportunity to be heard, may require the surety to
pay the amount of the award, the payments to be enforced in like manner as the
award may be enforced.
(b) No association, corporation, partnership, sole proprietorship, trust or other business entity shall provide services in the design, establishment or administration of a group self-insurance plan under rules adopted pursuant to this subdivision unless it is licensed, or exempt from licensure, pursuant to section 60A.23, subdivision 8, to do so by the commissioner of commerce. An applicant for a license shall state in writing the type of activities it seeks authorization to engage in and the type of services it seeks authorization to provide. The license shall be granted only when the commissioner of commerce is satisfied that the entity possesses the necessary organization, background, expertise, and financial integrity to supply the services sought to be offered. The commissioner of commerce may issue a license subject to restrictions or limitations, including restrictions or limitations on the type of services which may be supplied or the activities which may be engaged in. The license is for a two-year period.
(c) To assure that group self-insurance plans are financially solvent, administered in a fair and capable fashion, and able to process claims and pay benefits in a prompt, fair and equitable manner, entities licensed to engage in such business are subject to supervision and examination by the commissioner of commerce.
(d) To carry out the purposes of this subdivision, the commissioner of commerce may promulgate administrative rules pursuant to sections 14.001 to 14.69. These rules may:
(1) establish reporting requirements for administrators of group self-insurance plans;
(2) establish standards and guidelines consistent with subdivision 2b to assure the adequacy of the financing and administration of group self-insurance plans;
(3) establish bonding requirements or other provisions assuring the financial integrity of entities administering group self-insurance plans;
(4) establish standards, including but not limited to minimum terms of membership in self-insurance plans, as necessary to provide stability for those plans;
(5) establish standards or guidelines governing the formation, operation, administration, and dissolution of self‑insurance plans; and
(6) establish other reasonable requirements to further the purposes of this subdivision.
Sec. 27. Minnesota Statutes 2018, section 176.581, is amended to read:
176.581
PAYMENT TO STATE EMPLOYEES.
Upon a warrant request
prepared by the commissioner of administration, and in accordance with the
terms of the order awarding compensation, the commissioner of management and
budget shall pay compensation to the employee or the employee's dependent. These payments shall be made from money
appropriated for this purpose.
Sec. 28. Minnesota Statutes 2018, section 176.591, subdivision 3, is amended to read:
Subd. 3. Compensation
payments upon warrants request.
The commissioner of management and budget shall make compensation
payments from the fund only as authorized by this chapter upon warrants request
of the commissioner of administration.
Sec. 29. Minnesota Statutes 2018, section 192.55, is amended to read:
192.55
PAYMENTS TO BE MADE THROUGH ADJUTANT GENERAL.
All pay and allowances and necessary
expenses for any of the military forces shall, when approved by the adjutant
general, be paid by commissioner of management and budget's warrants issued
budget to the several officers and enlisted members entitled thereto;
provided, that upon the request of the adjutant general, approved by the
governor, the sum required for any such pay or allowances and necessary
expenses shall be paid by commissioner of management and budget's warrant
budget to the adjutant general, who shall immediately pay and distribute
the same to the several officers or enlisted members entitled thereto or to
their commanding officers or to a finance officer designated by the adjutant
general. The receipt of any such
commanding officer or finance officer for any such payment shall discharge the
adjutant general from liability therefor.
Every commanding officer or finance officer receiving any such payment
shall, as soon as practicable, pay and distribute the same to the several
officers or enlisted members entitled thereto.
The officer making final payment shall, as evidence thereof, secure the
signature of the person receiving the same upon a payroll or other proper
voucher.
Sec. 30. Minnesota Statutes 2018, section 237.30, is amended to read:
237.30
TELEPHONE INVESTIGATION FUND; APPROPRIATION.
A Minnesota Telephone Investigation Fund
shall exist for the use of the Department of Commerce and of the attorney
general in investigations, valuations, and revaluations under section 237.295. All sums paid by the telephone companies to
reimburse the department for its expenses pursuant to section 237.295 shall be
credited to the revolving fund and shall be deposited in a separate bank
account and not commingled with any other state funds or moneys, but any
balance in excess of $25,000 in the revolving fund at the end of each fiscal
year shall be paid into the state treasury and credited to the general fund. All subsequent credits to said revolving fund
shall be paid upon the warrant of by the commissioner of
management and budget upon application of the department or of the attorney
general to an aggregate amount of not more than one-half of such sums to each
of them, which proportion shall be constantly maintained in all credits and
withdrawals from the revolving fund.
Sec. 31. Minnesota Statutes 2018, section 244.19, subdivision 7, is amended to read:
Subd. 7. Certificate
of counties entitled to state aid. On
or before January 1 of each year, until 1970 and on or before April 1
thereafter, the commissioner of corrections shall deliver to the commissioner
of management and budget a certificate in duplicate for each county of the
state entitled to receive state aid under the provisions of this section. Upon the receipt of such certificate, the
commissioner of management and budget shall draw a warrant in
favor
of issue a payment to the county treasurer for the amount shown by
each certificate to be due to the county specified. The commissioner of management and budget
shall transmit such warrant payment to the county treasurer
together with a copy of the certificate prepared by the commissioner of
corrections.
Sec. 32. Minnesota Statutes 2018, section 256B.20, is amended to read:
256B.20
COUNTY APPROPRIATIONS.
The providing of funds necessary to carry out the provisions hereof on the part of the counties and the manner of administering the funds of the counties and the state shall be as follows:
(1) The board of county commissioners of each county shall annually set up in its budget an item designated as the county medical assistance fund and levy taxes and fix a rate therefor sufficient to produce the full amount of such item, in addition to all other tax levies and tax rate, however fixed or determined, sufficient to carry out the provisions hereof and sufficient to pay in full the county share of assistance and administrative expense for the ensuing year; and annually on or before October 10 shall certify the same to the county auditor to be entered by the auditor on the tax rolls. Such tax levy and tax rate shall make proper allowance and provision for shortage in tax collections.
(2) Any county may transfer surplus funds from any county fund, except the sinking or ditch fund, to the general fund or to the county medical assistance fund in order to provide money necessary to pay medical assistance awarded hereunder. The money so transferred shall be used for no other purpose, but any portion thereof no longer needed for such purpose shall be transferred back to the fund from which taken.
(3) Upon the order of the county agency the county auditor shall draw a warrant on the proper fund in accordance with the order, and the county treasurer shall pay out the amounts ordered to be paid out as medical assistance hereunder. When necessary by reason of failure to levy sufficient taxes for the payment of the medical assistance in the county, the county auditor shall carry any such payments as an overdraft on the medical assistance funds of the county until sufficient tax funds shall be provided for such assistance payments. The board of county commissioners shall include in the tax levy and tax rate in the year following the year in which such overdraft occurred, an amount sufficient to liquidate such overdraft in full.
(4) Claims for reimbursement and reports
shall be presented to the state agency by the respective counties as required
under section 256.01, subdivision 2, paragraph (p). The state agency shall audit such claims and
certify to the commissioner of management and budget the amounts due the
respective counties without delay. The
amounts so certified shall be paid within ten days after such certification,
from the state treasury upon warrant payment of the commissioner
of management and budget from any money available therefor. The money available to the state agency to
carry out the provisions hereof, including all federal funds available to the
state, shall be kept and deposited by the commissioner of management and budget
in the revenue fund and disbursed upon warrants in the same manner as
other state funds.
Sec. 33. Minnesota Statutes 2018, section 299C.21, is amended to read:
299C.21
PENALTY ON LOCAL OFFICER REFUSING INFORMATION.
If any public official charged with the
duty of furnishing to the bureau fingerprint records, biological specimens,
reports, or other information required by sections 299C.06, 299C.10, 299C.105,
299C.11, 299C.17, shall neglect or refuse to comply with such requirement, the
bureau, in writing, shall notify the state, county, or city officer charged
with the issuance of a warrant for the payment of the salary of such
official. Upon the receipt of the notice
the state,
county,
or city official shall withhold the issuance of a warrant for the payment
of the salary or other compensation accruing to such officer for the period of
30 days thereafter until notified by the bureau that such suspension has been
released by the performance of the required duty.
Sec. 34. Minnesota Statutes 2018, section 352.04, subdivision 9, is amended to read:
Subd. 9. Erroneous
deductions, canceled warrants payments. (a) Deductions taken from the salary of
an employee for the retirement fund in excess of required amounts must, upon
discovery and verification by the department making the deduction, be refunded
to the employee.
(b) If a deduction for the retirement fund
is taken from a salary warrant or check payment, and the check
payment is canceled or the amount of the warrant or check payment
returned to the funds of the department making the payment, the sum deducted,
or the part of it required to adjust the deductions, must be refunded to the
department or institution if the department applies for the refund on a form
furnished by the director. The
department's payments must likewise be refunded to the department.
(c) If erroneous employee deductions and employer contributions are caused by an error in plan coverage involving the plan and any other plans specified in section 356.99, that section applies. If the employee should have been covered by the plan governed by chapter 352D, 353D, 354B, or 354D, the employee deductions and employer contributions taken in error must be directly transferred to the applicable employee's account in the correct retirement plan, with interest at the applicable monthly rate or rates specified in section 356.59, subdivision 2, compounded annually, from the first day of the month following the month in which coverage should have commenced in the correct defined contribution plan until the end of the month in which the transfer occurs.
Sec. 35. Minnesota Statutes 2018, section 353.05, is amended to read:
353.05
CUSTODIAN OF FUNDS.
The commissioner of management and budget
shall be ex officio treasurer of the retirement funds of the association and
the general bond of the commissioner of management and budget to the state must
be so conditioned as to cover all liability for acts as treasurer of these
funds. All money of the association
received by the commissioner of management and budget must be set aside in the
state treasury to the credit of the proper fund or account. The commissioner of management and budget
shall transmit monthly to the executive director a detailed statement of all
amounts so received and credited to the funds.
Payments out of the funds may only be made on warrants as
payments issued by the commissioner of management and budget, upon
abstracts signed by the executive director; provided that abstracts for
investment may be signed by the executive director of the State Board of
Investment.
Sec. 36. Minnesota Statutes 2018, section 354.42, subdivision 7, is amended to read:
Subd. 7. Erroneous salary deductions or direct payments. (a) Any deductions taken from the salary of an employee for the retirement fund in excess of amounts required must be refunded to the employee upon the discovery of the error and after the verification of the error by the employing unit making the deduction. The corresponding excess employer contribution and excess additional employer contribution amounts attributable to the erroneous salary deduction must be refunded to the employing unit.
(b) If salary deductions and employer contributions were erroneously transmitted to the retirement fund and should have been transmitted to the plan covered by chapter 352D, 353D, 354B, or 354D, the executive director must transfer these salary deductions and employer contributions to the account of the appropriate person under the applicable plan. The transfer to the applicable defined contribution plan account must include interest at the rate of
0.71 percent per month, compounded annually, from the first day of the month following the month in which coverage should have commenced in the defined contribution plan until the end of the month in which the transfer occurs.
(c) A potential transfer under paragraph (b) that would cause the plan to fail to be a qualified plan under section 401(a) of the Internal Revenue Code, as amended, must not be made by the executive director. Within 30 days after being notified by the Teachers Retirement Association of an unmade potential transfer under this paragraph, the employer of the affected person must transmit an amount representing the applicable salary deductions and employer contributions, without interest, to the account of the applicable person under the appropriate plan. The retirement association must provide a credit for the amount of the erroneous salary deductions and employer contributions against future contributions from the employer.
(d) If a salary warrant or check payment from
which a deduction for the retirement fund was taken has been canceled or the
amount of the warrant or if a check payment has been returned to
the funds of the employing unit making the payment, a refund of the amount
deducted, or any portion of it that is required to adjust the salary
deductions, must be made to the employing unit.
(e) Erroneous direct payments of member-paid contributions or erroneous salary deductions that were not refunded during the regular payroll cycle processing must be refunded to the member, plus interest computed using the rate and method specified in section 354.49, subdivision 2.
(f) Any refund under this subdivision that would cause the plan to fail to be a qualified plan under section 401(a) of the Internal Revenue Code, as amended, may not be refunded and instead must be credited against future contributions payable by the employer. The employer is responsible for refunding to the applicable employee any amount that was erroneously deducted from the salary of the employee, with interest as specified in paragraph (e).
(g) If erroneous employee deductions and employer contributions are caused by an error in plan coverage involving the plan and any other plan specified in section 356.99, that section applies.
Sec. 37. Minnesota Statutes 2018, section 401.15, subdivision 1, is amended to read:
Subdivision 1. Certified statements; determinations;
adjustments. Within 60 days of the
end of each calendar quarter, participating counties which have received the
payments authorized by section 401.14 shall submit to the commissioner
certified statements detailing the amounts expended and costs incurred in
furnishing the correctional services provided in sections 401.01 to 401.16. Upon receipt of certified statements, the
commissioner shall, in the manner provided in sections 401.10 and 401.12,
determine the amount each participating county is entitled to receive, making
any adjustments necessary to rectify any disparity between the amounts received
pursuant to the estimate provided in section 401.14 and the amounts actually
expended. If the amount received
pursuant to the estimate is greater than the amount actually expended during
the quarter, the commissioner may withhold the difference from any subsequent
monthly payments made pursuant to section 401.14. Upon certification by the commissioner of the
amount a participating county is entitled to receive under the provisions of
section 401.14 or of this subdivision the commissioner of management and budget
shall thereupon issue a state warrant payment to the chief fiscal
officer of each participating county for the amount due together with a copy of
the certificate prepared by the commissioner.
Sec. 38. Minnesota Statutes 2018, section 446A.16, subdivision 1, is amended to read:
Subdivision 1. Functions of commissioner of management and
budget. Except as otherwise provided
in this section, money of the authority must be paid to the commissioner of
management and budget as agent of the authority and the commissioner shall not
commingle the money with other money. The
money in the accounts of the authority must be paid out only on warrants
drawn by the commissioner of management and budget on
requisition of the chair of the authority or of another officer or employee as the authority authorizes. Deposits of the authority's money must, if required by the commissioner or the authority, be secured by obligations of the United States or of the state of a market value equal at all times to the amount of the deposit and all banks and trust companies are authorized to give security for the deposits.
Sec. 39. Minnesota Statutes 2018, section 462A.18, subdivision 1, is amended to read:
Subdivision 1. Functions
of commissioner of management and budget.
All moneys of the agency, except as otherwise authorized or provided
in this section, shall be paid to the commissioner of management and budget as
agent of the agency, who shall not commingle such moneys with any other moneys. The moneys in such accounts shall be paid out
on warrants drawn by the commissioner on requisition of the chair of the
agency or of such other officer or employee as the agency shall authorize to
make such requisition. All deposits of
such moneys shall, if required by the commissioner or the agency, be secured by
obligations of the United States or of the state of a market value equal at all
times to the amount of the deposit and all banks and trust companies are
authorized to give such security for such deposits.
Sec. 40. Minnesota Statutes 2018, section 525.841, is amended to read:
525.841
ESCHEAT RETURNED.
In all such cases the commissioner of
management and budget shall be furnished with a certified copy of the court's
order assigning the escheated property to the persons entitled thereto, and
upon notification of payment of the estate tax, the commissioner of management
and budget shall draw a warrant issue a payment or execute a
proper conveyance to the persons designated in such order. In the event any escheated property has been
sold pursuant to sections 11A.04, clause (9), and 11A.10, subdivision 2, or
16B.281 to 16B.287, then the warrant payment shall be for the
appraised value as established during the administration of the decedent's
estate. There is hereby annually
appropriated from any moneys in the state treasury not otherwise appropriated
an amount sufficient to make payment to all such designated persons. No interest shall be allowed on any amount
paid to such persons.
Sec. 41. REVISOR
INSTRUCTION.
The revisor of statutes shall replace,
as the context requires, "warrant," "warrants," or
"warrant or check" with "payment" or "payments"
in the following sections and subdivisions of Minnesota Statutes: 15.0596; 16A.134; 16A.17, subdivision 5;
16A.42, subdivision 4; 16A.56; 43A.30, subdivision 2; 43A.49; 49.24,
subdivisions 13 and 16; 69.031, subdivision 1; 84A.40; 126C.55, subdivisions 2
and 9; 126C.68, subdivision 3; 126C.69, subdivision 14; 136F.46, subdivision 1;
162.08, subdivisions 10 and 11; 162.14, subdivisions 4 and 5; 162.18,
subdivision 4; 162.181, subdivision 4; 163.051, subdivision 3; 196.052; 198.16;
241.13, subdivision 1; 260B.331, subdivision 2; 260C.331, subdivision 2;
273.121, subdivision 1; 287.08; 297I.10, subdivision 1; 348.05; 352.05;
352.115, subdivision 12; 352.12, subdivision
13; 353.27, subdivision 7; 354.52, subdivisions 4 and 4b; 446A.086, subdivision
4; and 475A.04, subdivision 1.
ARTICLE 4
ELECTIONS AND VOTING RIGHTS
Section 1. Minnesota Statutes 2018, section 13.607, is amended by adding a subdivision to read:
Subd. 9. Data
derived from driver's license applications.
Data on an application for a driver's license, a Minnesota
identification card, or a learner's permit transferred to the secretary of
state that are provided by a person whom the secretary of state determines is
not eligible to vote are governed by section 201.161.
Sec. 2. Minnesota Statutes 2018, section 123B.09, subdivision 5b, is amended to read:
Subd. 5b. Appointments
to fill vacancies; special elections. (a)
Any vacancy on the board, other than a vacancy described in subdivision 4, must
be filled by board appointment at a regular or special meeting. The appointment shall be evidenced by a
resolution entered in the minutes and shall be effective 30 days following
adoption of the resolution, subject to paragraph (b). If the appointment becomes effective, it
shall continue until an election is held under this subdivision. All elections to fill vacancies shall be for
the unexpired term. A special election
to fill the vacancy must be held no later than the first Tuesday after the
first Monday in November following the vacancy.
If the vacancy occurs less than 90 days prior to the first Tuesday after
the first Monday in November in the year in which the vacancy occurs, the
special election must be held no later than the first Tuesday after the first
Monday in November of the following calendar year. If the vacancy occurs less than 90 days prior
to the first Tuesday after the first Monday in November in the third year of
the term, no special election is required.
If the vacancy is filled by a special election, the person elected at
that election for the ensuing term shall take office immediately after
receiving the certificate of election, filing the bond, and taking the oath of
office the appointee shall serve for the remainder of the unexpired term.
(b) An appointment made under paragraph (a) shall not be effective if a petition to reject the appointee is filed with the school district clerk. To be valid, a petition to reject an appointee must be signed by a number of eligible voters residing in the district equal to at least five percent of the total number of voters voting in the district at the most recent state general election, and must be filed within 30 days of the board's adoption of the resolution making the appointment. If a valid petition is filed according to the requirements of this paragraph, the appointment by the school board is ineffective and the board must name a new appointee as provided in paragraph (a).
EFFECTIVE DATE. This section is effective August 1, 2019, and
applies to vacancies created on or after that date.
Sec. 3. Minnesota Statutes 2018, section 174.24, is amended by adding a subdivision to read:
Subd. 7a. Transit
service on election day. An
eligible recipient of operating assistance under this section who contracts or
has contracted to provide fixed route public transit shall provide fixed route
public transit service free of charge on a day a state general election is
held.
EFFECTIVE
DATE. This section is
effective July 1, 2020.
Sec. 4. Minnesota Statutes 2018, section 201.014, is amended by adding a subdivision to read:
Subd. 2a. Felony conviction; restoration of civil right to vote. An individual convicted of a felony has the civil right to vote restored when the individual completes any incarceration imposed and executed by the court for the offense or upon sentencing if no incarceration is imposed. If the individual is later incarcerated for the same offense, the individual's civil right to vote is lost only during the period of incarceration.
Sec. 5. Minnesota Statutes 2018, section 201.022, subdivision 1, is amended to read:
Subdivision 1. Establishment. The secretary of state shall maintain a statewide voter registration system to facilitate voter registration and to provide a central database containing voter registration information from around the state. The system must be accessible to the county auditor of each county in the state. The system must also:
(1) provide for voters to submit their voter registration applications to any county auditor, the secretary of state, or the Department of Public Safety;
(2) provide for the definition, establishment, and maintenance of a central database for all voter registration information;
(3) provide for entering data into the statewide registration system;
(4) provide for electronic transfer of completed voter registration applications from the Department of Public Safety to the secretary of state or the county auditor;
(5) assign a unique identifier to each legally registered voter in the state;
(6) provide for the acceptance of the Minnesota driver's license number, Minnesota state identification number, and last four digits of the Social Security number for each voter record;
(7) coordinate with other agency databases within the state;
(8) allow county auditors and the secretary of state to add or modify information in the system to provide for accurate and up-to-date records;
(9) allow county auditors, municipal and school district clerks, and the secretary of state to have electronic access to the statewide registration system for review and search capabilities;
(10) provide security and protection of all information in the statewide registration system and ensure that unauthorized access is not allowed;
(11) provide access to municipal clerks to use the system;
(12) provide a system for each county to identify the precinct to which a voter should be assigned for voting purposes;
(13) provide daily reports accessible by
county auditors on the driver's license numbers, state identification numbers,
or last four digits of the Social Security numbers submitted on voter
registration applications that have been verified as accurate by the secretary
of state; and
(14) provide reports on the number of
absentee ballots transmitted to and returned and cast by voters under section
203B.16.; and
(15) provide reports necessary for
early voting.
The appropriate state or local official shall provide security measures to prevent unauthorized access to the computerized list established under section 201.021.
Sec. 6. Minnesota Statutes 2018, section 201.071, subdivision 1, is amended to read:
Subdivision 1. Form. Both paper and electronic voter registration applications must contain the same information unless otherwise provided by law. A voter registration application must contain spaces for the following required information: voter's first name, middle name, and last name; voter's previous name, if any; voter's current address; voter's previous address, if any; voter's date of birth; voter's municipality and county of residence; voter's telephone number, if provided by the voter; date of registration; current and valid Minnesota driver's license number or Minnesota state identification number, or if the voter has no current and valid Minnesota driver's license or Minnesota state identification, the last four digits of the voter's Social Security number; and voter's signature. The paper registration application may include the voter's email address, if provided by the voter. The electronic voter registration application must include the voter's email address. The registration application may include the voter's interest in serving as an election judge, if indicated by the voter. The application must also contain the following certification of voter eligibility:
"I certify that I:
(1) will be at least 18 years old on election day;
(2) am a citizen of the United States;
(3) will have resided in Minnesota for 20 days immediately preceding election day;
(4) maintain residence at the address given on the registration form;
(5) am not under court-ordered guardianship in which the court order revokes my right to vote;
(6) have not been found by a court to be legally incompetent to vote;
(7) have the right to vote because, if I
have been convicted of a felony, my felony sentence has expired (been
completed) or I have been discharged from my sentence am not currently
incarcerated for a felony offense; and
(8) have read and understand the following statement: that giving false information is a felony punishable by not more than five years imprisonment or a fine of not more than $10,000, or both."
The certification must include boxes for the voter to respond to the following questions:
"(1) Are you a citizen of the United States?" and
"(2) Will you be 18 years old on or before election day?"
And the instruction:
"If you checked 'no' to either of these questions, do not complete this form."
The form of the voter registration application and the certification of voter eligibility must be as provided in this subdivision and approved by the secretary of state. Voter registration forms authorized by the National Voter Registration Act must also be accepted as valid. The federal postcard application form must also be accepted as valid if it is not deficient and the voter is eligible to register in Minnesota.
An individual may use a voter registration application to apply to register to vote in Minnesota or to change information on an existing registration.
Sec. 7. Minnesota Statutes 2018, 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 the most
recent a presidential nomination primary. 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 July 1, 2019, and applies to presidential nomination primaries
conducted on or after that date.
Sec. 8. Minnesota Statutes 2018, section 201.091, is amended by adding a subdivision to read:
Subd. 4a. Presidential
primary political party list. For
each major political party that participated in the presidential nomination
primary, the secretary of state must maintain a list of the voters who voted in
the presidential nomination primary and selected that political party. Information maintained on the lists is
private data on individuals as defined under section 13.02, subdivision 12,
except that the secretary of state must provide to the chair of each major
political party a list of voters who selected the chair's party for the most
recent presidential nomination primary.
EFFECTIVE
DATE. This section is
effective July 1, 2019, and applies to presidential nomination primaries
conducted on or after that date.
Sec. 9. Minnesota Statutes 2018, section 201.161, is amended to read:
201.161
AUTOMATIC REGISTRATION OF DRIVER'S LICENSE, INSTRUCTION PERMIT, AND
IDENTIFICATION CARD APPLICATIONS APPLICANTS.
Subdivision 1. Automatic
registration. An individual
who properly completes an application for a new or renewed Minnesota driver's
license, instruction permit, or identification card, and who is eligible to
vote under section 201.014, must be registered to vote as provided in this
section, unless the applicant declines to be registered.
Subd. 2. Applications. The Department commissioner
of public safety, in consultation with the secretary of state, shall
change its the applications for an original, duplicate, or change
of address driver's license, instruction permit, or identification card
so that the forms may also serve as voter registration applications. The forms must contain spaces for all
information collected by voter registration applications prescribed by the
secretary of state. Applicants for
driver's licenses or identification cards must be asked if they want to
register to vote at the same time and that and a box for the applicant
to decline to be registered to vote. The
form must clearly state that it is a felony for a person who is not eligible to
vote to register to vote or cast a ballot.
Unless the applicant has declined to be registered to vote or has
provided an address other than the applicant's address of residence under
section 171.12, subdivision 7, paragraph (d), the commissioner shall transmit
the information must be transmitted at least weekly daily by
electronic means to the secretary of state.
Pursuant to the Help America Vote Act of 2002, Public Law 107‑252,
the computerized driver's license record containing the voter's name, address,
date of birth, citizenship, driver's license number or state
identification number, county, town, and city or town must be
made available for access by the secretary of state and interaction with the
statewide voter registration system.
Subd. 3. Registration. (a) The secretary of state shall
determine whether the applicant is currently registered in the statewide voter
registration system. For each currently
registered voter whose registration is not changed, the secretary of state
shall update the voter's registration date in the statewide voter registration
system. For each currently registered
voter whose registration is changed, the secretary of state shall transmit the
registration daily by electronic means to the county auditor of the county
where the voter resides.
(b) If the applicant is not currently
registered in the statewide voter registration system, the secretary of state
shall determine whether the applicant is 18 years of age or older and a citizen
of the United States and compare the voter registration information received
under section 201.145 to determine whether the applicant is eligible to vote. If an applicant is less than 18 years of age,
the secretary of state shall wait until the applicant has turned 18 years of
age to determine whether the applicant is eligible to vote. For each applicant the secretary of state
determines is an eligible voter, the secretary of state shall transmit the
registration daily by electronic means to the county auditor of the county
where the voter resides.
(c) Any data on applicants who the
secretary determines are not eligible to vote are private data on individuals
as defined in section 13.02, subdivision 12.
Subd. 4. Notice. Upon receipt of the registration, the
county auditor shall mail to the voter the notice of registration required by
section 201.121, subdivision 2.
Subd. 5. Registering
20 days before election. An
application for registration that is dated during the 20 days before an
election in any jurisdiction within which the voter resides is not effective
until the day after the election.
Subd. 6. System
certification. An applicant
for a Minnesota driver's license, instruction permit, or identification card
must not be registered to vote until the commissioner of public safety has
certified that the department's systems have been tested and can accurately
provide the necessary data, and the secretary of state has certified that the
system for automatic registration of those applicants has been tested and is
capable of properly determining whether an applicant is eligible to vote.
Subd. 7. Implementation
costs. The secretary of state
and commissioner of public safety must absorb any costs associated with
implementation of this section using existing appropriations provided to the
secretary or commissioner by law.
Sec. 10. [201.276]
DUTIES OF SECRETARY OF STATE; INFORMATION ABOUT VOTING RIGHTS.
The secretary of state shall develop
accurate and complete information in a single publication about the voting
rights of people who have been charged with or convicted of a crime. This publication must be made available
electronically to the state court administrator for distribution to judges,
court personnel, probation officers, and the commissioner of corrections for
distribution to corrections officials, parole and supervised release agents,
and the public.
Sec. 11. Minnesota Statutes 2018, section 203B.001, is amended to read:
203B.001
ELECTION LAW APPLICABILITY.
The Minnesota Election Law is applicable to voting by absentee ballot and early voting unless otherwise provided in this chapter.
Sec. 12. Minnesota Statutes 2018, section 203B.01, is amended by adding a subdivision to read:
Subd. 5. Early
voting. "Early
voting" means voting in person before election day at the office of the
county auditor or designated municipal clerk within the time period provided in
section 203B.31.
Sec. 13. Minnesota Statutes 2018, section 203B.03, subdivision 1, is amended to read:
Subdivision 1. Violation. (a) No individual shall intentionally:
(1) make or sign any false certificate required by this chapter;
(2) make any false or untrue statement in any application for absentee ballots;
(3) apply for absentee ballots more than once in any election with the intent to cast an illegal ballot;
(4) exhibit a ballot marked by that individual to any other individual;
(5) do any act in violation of the provisions of this chapter for the purpose of casting an illegal vote in any precinct or for the purpose of aiding another to cast an illegal vote;
(6) use information from absentee ballot or early voting materials or records for purposes unrelated to elections, political activities, or law enforcement;
(7) provide assistance to an absentee or early voter except in the manner provided by section 204C.15, subdivision 1;
(8) solicit the vote of an absentee or early voter while in the immediate presence of the voter during the time the individual knows the absentee or early voter is voting; or
(9) alter an absentee ballot application after it has been signed by the voter, except by an election official for administrative purposes.
(b) Before inspecting information from absentee ballot or early voting materials or records, an individual shall provide identification to the public official having custody of the material or information.
Sec. 14. Minnesota Statutes 2018, section 203B.04, subdivision 5, is amended to read:
Subd. 5. Permanent
absentee voter status. (a) An
eligible voter may apply to a county auditor or municipal clerk to
automatically receive an absentee ballot application before each
election, other than an election by mail conducted under section 204B.45, and
to have the status as a permanent absentee voter indicated on the voter's
registration record. The secretary of
state must prescribe a form for this purpose. An eligible voter listed as an ongoing
absentee voter as of July 31, 2013, pursuant to laws in effect on that date,
shall be treated as if the voter applied for status as a permanent absentee
voter pursuant to this subdivision.
(b) A voter who applies under paragraph (a)
must automatically be provided an absentee ballot application for each
eligible election. A voter's permanent
absentee status ends and automatic ballot application delivery must be
terminated on:
(1) the voter's written request;
(2) the voter's death;
(3) return of an absentee ballot as undeliverable; or
(4) a change in the voter's status to "challenged" or "inactive" in the statewide voter registration system.
(c) The secretary of state shall adopt rules governing procedures under this subdivision.
EFFECTIVE
DATE. This section is
effective January 1, 2020, and applies to elections conducted on or after that
date.
Sec. 15. [203B.045]
VOTERS WITH A DISABILITY.
Subdivision 1. Transmitting
ballot and certificate of voter eligibility. (a) A voter with a temporary or
permanent disability may include in an application for absentee ballots a
request that the ballots, instructions, and a certificate of voter eligibility
meeting the requirements of section 203B.21, subdivision 3, be transmitted to
the voter electronically in an accessible format, including ballots with the
ability to be marked by accessible software or devices. Upon receipt of a properly completed
application requesting accessible electronic transmission, the county auditor
shall electronically transmit the requested materials to the voter.
(b) Electronic materials provided by a
county auditor to a voter under this subdivision must comply with the
accessibility standards developed under section 16E.03, subdivision 9.
(c) The county auditor or municipal
clerk must provide a return envelope containing first class postage to a voter
requesting a ballot and ballot materials under this subdivision.
Subd. 2. Marking
ballots. The voter may
electronically mark the ballot using accessible software or devices.
Subd. 3. Returning
voted ballots. The voter must
return the voted ballots and the certificate of voter eligibility to the county
auditor in a sealed envelope.
Sec. 16. Minnesota Statutes 2018, section 203B.05, subdivision 1, is amended to read:
Subdivision 1. Generally. The full-time clerk of any city or town shall administer the provisions of sections 203B.04 to 203B.15 if:
(1) the county auditor of that county has designated the clerk to administer them; or
(2) the clerk has given the county auditor of that county notice of intention to administer them.
The designation or notice must specify whether the clerk will be responsible for the administration of a ballot board as provided in section 203B.121.
A clerk of a city that is located in more than one county may only administer the provisions of sections 203B.04 to 203B.15 and 203B.30 to 203B.35 if the clerk has been designated by each of the county auditors or has provided notice to each of the county auditors that the city will administer absentee voting. A clerk may only administer the provisions of sections 203B.04 to 203B.15 if the clerk has technical capacity to access the statewide voter registration system in the secure manner prescribed by the secretary of state. The secretary of state must identify hardware, software, security, or other technical prerequisites necessary to ensure the security, access controls, and performance of the statewide voter registration system. A clerk must receive training approved by the secretary of
state on the use of the statewide voter registration system before administering this section. A clerk may not use the statewide voter registration system until the clerk has received the required training. The county auditor must notify the secretary of state of any municipal clerk who will be administering the provisions of this section and the duties that the clerk will administer.
Sec. 17. Minnesota Statutes 2018, section 203B.06, subdivision 1, is amended to read:
Subdivision 1. Printing
and delivery of forms. Each county
auditor and municipal clerk shall prepare and print a sufficient number of
blank application forms for absentee ballots.
The county auditor or municipal clerk shall deliver a blank application
form to any voter who requests one pursuant to section 203B.04. Blank application forms must be mailed to
eligible voters who have requested an application pursuant to section 203B.04,
subdivision 5, at least 60 days before:
(1) each regularly scheduled primary
for federal, state, county, city, or school board office;
(2) each regularly scheduled general
election for city or school board office for which a primary is not held; and
(3) a special primary to fill a federal
or county office vacancy or special election to fill a federal or county office
vacancy, if a primary is not required to be held pursuant to section 204D.03, subdivision
3, or 204D.07, subdivision 3; and
(4) any election held in conjunction
with an election described in clauses (1) to (3);
or at least 45 days before any other primary or other
election for which a primary is not held.
EFFECTIVE
DATE. This section is
effective January 1, 2020, and applies to elections conducted on or after that
date.
Sec. 18. Minnesota Statutes 2018, section 203B.06, subdivision 3, is amended to read:
Subd. 3. Delivery
of ballots. (a) The county
auditor or municipal clerk, or full-time clerk of any city or town
administering an election pursuant to section 203B.05, shall mail absentee
ballots to voters on the permanent absentee ballot list pursuant to section
203B.04, subdivision 5, at least 45 days before:
(1) each regularly scheduled primary or
general election for federal, state, county, city, or school board office;
(2) each special primary or special
election to fill a federal, state, county, city, or school board vacancy;
except
(3) town clerks administering absentee
ballots for a town general election held in March shall deliver absentee
ballots at least 30 days before the election.
(b) The commissioner of corrections must provide the secretary of state with a list of the names and mailing addresses of state adult correctional facilities. An application for an absentee ballot that provides an address included on the list provided by the commissioner of corrections must not be accepted and an absentee ballot must not be provided to the applicant. The county auditor or municipal clerk must promptly transmit a copy of the application to the county attorney. The Department of Corrections must implement procedures to ensure that absentee ballots issued under this chapter are not received or mailed by offenders incarcerated at state adult correctional facilities.
(b) (c) If an application for absentee ballots is accepted at a time when absentee ballots are not yet available for distribution, the county auditor, or municipal clerk accepting the application shall file it and as soon as absentee ballots are available for distribution shall mail them to the address specified in the application. If an application for absentee ballots is accepted when absentee ballots are available for distribution, the county auditor or municipal clerk accepting the application shall promptly:
(1) mail the ballots to the voter whose signature appears on the application if the application is submitted by mail and does not request commercial shipping under clause (2);
(2) ship the ballots to the voter using a commercial shipper requested by the voter at the voter's expense;
(3) deliver the absentee ballots directly to the voter if the application is submitted in person; or
(4) deliver the absentee ballots in a sealed transmittal envelope to an agent who has been designated to bring the ballots, as provided in section 203B.11, subdivision 4, to a voter who would have difficulty getting to the polls because of incapacitating health reasons, or who is disabled, or who is a patient in a health care facility, a resident of a facility providing assisted living services governed by chapter 144G, a participant in a residential program for adults licensed under section 245A.02, subdivision 14, or a resident of a shelter for battered women as defined in section 611A.37, subdivision 4.
(c) (d) If an application does not indicate the
election for which absentee ballots are sought, the county auditor or municipal
clerk shall mail or deliver only the ballots for the next election occurring
after receipt of the application. Only
one set of ballots may be mailed, shipped, or delivered to an applicant for any
election, except as provided in section 203B.121, subdivision 2, or when a
replacement ballot has been requested by the voter for a ballot that has been
spoiled or lost in transit.
EFFECTIVE DATE. This section is effective January 1,
2020, and applies to elections conducted on or after that date.
Sec. 19. Minnesota Statutes 2018, section 203B.081, subdivision 1, is amended to read:
Subdivision 1. Location; timing. (a) An eligible voter may vote by absentee ballot in the office of the county auditor and at any other polling place designated by the county auditor or by a municipal clerk authorized to conduct absentee balloting under section 203B.05 during the 46 days before the election, except as provided in this section.
(b) A polling place location, other than the office of the
county auditor, may be opened for fewer than 46 days. If a polling place is open fewer than 46 days
before the election, the county auditor or municipal clerk must post the
polling place location and hours of operation on the jurisdiction's website and
must inform the secretary of state of the polling place's location and hours.
Sec. 20. Minnesota Statutes 2018, section 203B.085, is amended to read:
203B.085 COUNTY
AUDITOR'S AND MUNICIPAL CLERK'S OFFICES TO REMAIN OPEN DURING CERTAIN HOURS
PRECEDING ELECTION.
The county auditor's office in each county and the clerk's office in each city or town authorized under section 203B.05 to administer absentee balloting must be open for acceptance of absentee ballot applications and casting of absentee ballots from 8:00 a.m. to 12:00 noon on the day immediately preceding an election subject to early voting under section 203B.30 unless that day falls on a Sunday. When performing the duties of the county auditor in an election not subject to early voting under section 203B.30, the clerk's office must be open from 10:00 a.m. to 3:00 p.m. on Saturday and until 5:00 p.m. on the day immediately preceding a primary, special, or general election
unless that day falls on a Saturday or Sunday. Town clerks' offices must be open for absentee voting from 10:00 a.m. to 12:00 noon on the Saturday before a town general election held in March. The school district clerk, when performing the county auditor's election duties, need not comply with this section.
Sec. 21. Minnesota Statutes 2018, 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 or to administer early voting must, by ordinance or resolution, establish a ballot board. The board must consist of a sufficient number of election judges trained in the handling of absentee ballots and appointed as provided in sections 204B.19 to 204B.22. The board may include deputy county auditors or deputy city clerks who have received training in the processing and counting of absentee ballots.
(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.
Sec. 22. Minnesota Statutes 2018, section 203B.121, subdivision 2, is amended to read:
Subd. 2. Duties of ballot board; absentee ballots. (a) The members of the ballot board shall take possession of all return envelopes delivered to them in accordance with section 203B.08. Upon receipt from the county auditor, municipal clerk, or school district clerk, two or more members of the ballot board shall examine each return envelope and shall mark it accepted or rejected in the manner provided in this subdivision. Election judges performing the duties in this section must be of different major political parties, unless they are exempt from that requirement under section 205.075, subdivision 4, or section 205A.10, subdivision 2.
(b) The members of the ballot board shall mark the return envelope "Accepted" and initial or sign the return envelope below the word "Accepted" if a majority of the members of the ballot board examining the envelope are satisfied that:
(1) the voter's name and address on the return envelope are the same as the information provided on the absentee ballot application or voter record;
(2) the voter signed the certification on the envelope;
(3) the voter's Minnesota driver's license, state identification number, or the last four digits of the voter's Social Security number are the same as a number on the voter's absentee ballot application or voter record. If the number does not match, the election judges must compare the signature provided by the applicant to determine whether the ballots were returned by the same person to whom they were transmitted;
(4) the voter is registered and eligible to vote in the precinct or has included a properly completed voter registration application in the return envelope;
(5) the certificate has been completed as prescribed in the directions for casting an absentee ballot; and
(6) the voter has not already voted at that election, either in person or, if it is after the close of business on the seventh day before the election, by absentee ballot.
The return envelope from accepted ballots must be preserved and returned to the county auditor.
(c)(1) If a majority of the members of the ballot board examining a return envelope find that an absentee voter has failed to meet one of the requirements provided in paragraph (b), they shall mark the return envelope "Rejected," initial or sign it below the word "Rejected," list the reason for the rejection on the envelope, and return it to the county auditor. There is no other reason for rejecting an absentee ballot beyond those permitted by this section. Failure to place the ballot within the security envelope before placing it in the outer white envelope is not a reason to reject an absentee ballot.
(2) If an envelope has been rejected at least five days before the election, the envelope must remain sealed and the official in charge of the ballot board shall provide the voter with a replacement absentee ballot and return envelope in place of the rejected ballot.
(3) If an envelope is rejected within five days of the election, the envelope must remain sealed and the official in charge of the ballot board must attempt to contact the voter by telephone or email to notify the voter that the voter's ballot has been rejected. The official must document the attempts made to contact the voter.
(d) The official in charge of the absentee ballot board must mail the voter a written notice of absentee ballot rejection between six and ten weeks following the election. If the official determines that the voter has otherwise cast a ballot in the election, no notice is required. If an absentee ballot arrives after the deadline for submission provided by this chapter, the notice must be provided between six to ten weeks after receipt of the ballot. A notice of absentee ballot rejection must contain the following information:
(1) the date on which the absentee ballot was rejected or, if the ballot was received after the required deadline for submission, the date on which the ballot was received;
(2) the reason for rejection; and
(3) the name of the appropriate election official to whom the voter may direct further questions, along with appropriate contact information.
(e) An absentee ballot return envelope marked "Rejected" may not be opened or subject to further review except in an election contest filed pursuant to chapter 209.
EFFECTIVE
DATE. This section is
effective January 1, 2020, and applies to elections conducted on or after that
date.
Sec. 23. Minnesota Statutes 2018, section 203B.121, is amended by adding a subdivision to read:
Subd. 2a. Duties
of ballot board; early voting. The
members of the ballot board shall administer the process of early voting as
prescribed in section 203B.35, and shall make a record of voters who cast
ballots early and count those ballots as provided in subdivisions 4 and 5.
Sec. 24. Minnesota Statutes 2018, section 203B.121, subdivision 3, is amended to read:
Subd. 3. Record
of voting. (a) When applicable, the
county auditor or municipal clerk must immediately record that a voter's
absentee ballot has been accepted or that the voter has cast a ballot
pursuant to the early voting procedures provided in this chapter. A voter whose record indicates that the voter
has cast an early ballot must not be permitted to cast another ballot in that
election. After the close of
business on the seventh day before the election day prior to the
beginning of the early voting period as provided in section 203B.31, a
voter whose record indicates that an absentee ballot has been accepted must not
be permitted to cast another ballot at that election. In a state primary, general, or state special
election for federal or, state, or county office, the
auditor or clerk must also record this information in the statewide voter
registration system.
(b) The roster must be marked, and a supplemental report of absentee and early voters who submitted a voter registration application with their ballot must be created, no later than the start of voting on election day to indicate the voters that have already cast a ballot at the election. The roster may be marked either:
(1) by the county auditor or municipal clerk before election day;
(2) by the ballot board before election day; or
(3) by the election judges at the polling place on election day.
The record of a voter whose absentee ballot was received after the close of business on the seventh day before the election is not required to be marked on the roster or contained in a supplemental report as required by this paragraph.
Sec. 25. Minnesota Statutes 2018, 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 return 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. If more than one voted ballot is enclosed in the ballot envelope, the ballots must be returned in the manner provided by section 204C.25 for return of spoiled ballots, and may not be counted.
Sec. 26. Minnesota Statutes 2018, section 203B.121, subdivision 5, is amended to read:
Subd. 5. Storage and counting of absentee and early voting ballots. (a) On a day on which absentee or early voting 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 who cast early votes and 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 be public. No vote totals
from ballots may be made public before the close of voting on election day.
(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).
Sec. 27. [203B.30]
EARLY VOTING; APPLICABILITY.
(a) Any eligible voter may vote in person
in a federal, state, or county election prior to the date of the election, in
the manner provided in sections 203B.31 to 203B.35.
(b)(1) Subject to clause (2), for city
elections not held in conjunction with a federal, state, or county election,
the city may authorize eligible voters to vote in the manner provided in
sections 203B.31 to 203B.35 upon resolution of the governing body of the city,
adopted prior to the first day for filing affidavits of candidacy for the
election. In the case of a home rule
charter city, authorization may alternatively be made by amendment to the
city's charter for this purpose.
(2) A city may only authorize voting
under sections 203B.31 to 203B.35 if the municipal clerk has the technical
capacity to access the statewide voter registration system in the secure manner
prescribed by the secretary of state. The
secretary of state must identify hardware, software, security, or other
technical prerequisites necessary to ensure the security, access controls, and
performance of the statewide voter registration system. The clerk must receive training approved by
the secretary of state on the use of the statewide voter registration system
before administering voting authorized under this paragraph. The clerk may not use the statewide voter
registration system until the clerk has received the required training.
Sec. 28. [203B.31]
TIME PERIOD FOR EARLY VOTING.
Early voting must be available to any
eligible voter as provided in section 203B.32 for every primary, general, and
special election subject to early voting under section 203B.30 from 30 days before
the election through 5:00 p.m. on the third day before the election. All voters in line at 5:00 p.m. on the third
day before the election must be allowed to vote in the same manner as provided
in section 204C.05, subdivision 2.
Sec. 29. [203B.32]
HOURS FOR EARLY VOTING.
Early voting must be available between
the hours of 8:00 a.m. and 4:30 p.m. on each weekday during the time period
provided in section 203B.31, from 8:00 a.m. to 8:00 p.m. on at least one
weekday, and from 10:00 a.m. to 5:00 p.m. on the two Saturdays before the
election.
Sec. 30. [203B.33]
LOCATIONS FOR EARLY VOTING.
(a) Early voting must be made available
at polling places designated in the county auditor's offices in county‑owned
or operated buildings, at the municipal clerk's office in every municipality
that has been delegated the responsibility to administer absentee voting as
provided in section 203B.05 or which is conducting an election that includes
early voting, as authorized in section 203B.30, and at any other county or
city-owned or operated buildings designated by the county auditor or municipal
clerk. At least one voting station and
one ballot marking device for disabled voters must be made available in each
polling place.
(b) The county auditor or municipal
clerk must make an electronic ballot counter available in each polling place.
Sec. 31. [203B.34]
NOTICE TO VOTERS.
The county auditor or municipal clerk
must prepare a notice to the voters of the days, times, and locations for early
voting. This notice must be posted on
the county's website, if applicable, and the website for each municipality in
the county where an early voting location is designated for the election at
least 14 days before the first day for early voting. If a county or municipality does not have a
website, the county auditor or municipal clerk must publish the notice at least
once in the jurisdiction's official newspaper at least seven days and not more
than 14 days before the first day for early voting.
Sec. 32. [203B.35]
PROCEDURES FOR EARLY VOTING.
Subdivision 1. Voting
procedure. Each voter shall
sign the certification provided in section 204C.10. An individual who is not registered to vote
must register in the manner provided in section 201.061, subdivision 3.
After the voter has signed the
certification, a member of the ballot board must provide a ballot to the voter. Ballots must be prepared and distributed by
members of the ballot board in the manner provided in section 204C.09. The voter must mark the ballot and deposit it
in either a precinct voting system or a sealed ballot box. A voter may not leave the polling place with
the ballot.
Subd. 2. Processing
of ballots. Ballots cast
pursuant to sections 203B.30 to 203B.35 must be processed and counted by a
ballot board.
Sec. 33. Minnesota Statutes 2018, section 204B.28, subdivision 2, is amended to read:
Subd. 2. Election supplies; duties of county auditors and clerks. (a) Except as otherwise provided for absentee ballots in this section and in section 204B.35, subdivision 4, the county auditor shall complete the preparation of the election materials for which the auditor is responsible at least four days before every state primary and state general election. At any time after all election materials are available from the county auditor but not later than four days before the election each municipal clerk shall secure from the county auditor:
(a) (1) the forms that are
required for the conduct of the election;
(b) (2) any printed voter
instruction materials furnished by the secretary of state;
(c) (3) any other
instructions for election officers; and
(d) (4) a sufficient
quantity of the official ballots, registration files, envelopes for ballot
returns, and other supplies and materials required for each precinct in order
to comply with the provisions of the Minnesota Election Law. The county auditor may furnish the election
supplies to the municipal clerks in the same manner as the supplies are
furnished to precincts in unorganized territory pursuant to section 204B.29,
subdivision 1.
(b) The county auditor must prepare and
make available election materials for early voting to city clerks designated to
administer early voting under section 203B.05 at least one day prior to the
beginning of the early voting period as provided in section 203B.31.
Sec. 34. Minnesota Statutes 2018, section 204B.35, is amended by adding a subdivision to read:
Subd. 6. Electronic voting systems. Notwithstanding sections 204B.35 to 204B.44 and chapter 204D, a jurisdiction may employ an electronic voting system provided by section 206.80, paragraph (b), clause (3), displaying the required ballot information on an electronic device in a format that substantially meets the requirements of law.
Sec. 35. Minnesota Statutes 2018, section 204B.45, subdivision 1, is amended to read:
Subdivision 1. Authorization. A town of any size not located in a
metropolitan county as defined by section 473.121, or a city having fewer
than 400 registered voters on June 1 of an election year and not located in
a metropolitan county as defined by section 473.121, may provide balloting
by mail at any municipal, county, or state election with no polling place other
than the office of the auditor or clerk or other locations designated by the
auditor or clerk. The governing body may
apply to the county auditor for permission to conduct balloting by mail. The county board may provide for balloting by
mail in unorganized territory. The
governing body of any municipality may designate for mail balloting any
precinct having fewer than 100 registered voters, subject to the approval of
the county auditor.
Voted ballots may be returned in person to any location designated by the county auditor or municipal clerk.
EFFECTIVE
DATE. This section is
effective January 1, 2020, and applies to elections conducted on or after that
date.
Sec. 36. Minnesota Statutes 2018, section 204B.45, subdivision 2, is amended to read:
Subd. 2. Procedure. Notice of the election and the special mail procedure must be given at least ten weeks prior to the election. Not more than 46 days nor later than 14 days before a regularly scheduled election and not more than 30 days nor later than 14 days before any other election, the auditor shall mail ballots by nonforwardable mail to all voters registered in the city, town, or unorganized territory. No later than 14 days before the election, the auditor must make a subsequent mailing of ballots to those voters who register to vote after the initial mailing but before the 20th day before the election. Eligible voters not registered at the time the ballots are mailed and eligible voters with a temporary or permanent disability may apply for ballots as provided in chapter 203B. Ballot return envelopes, with return postage provided, must be preaddressed to the auditor or clerk and the voter may return the ballot by mail or in person to the office of the auditor or clerk. The auditor or clerk must appoint a ballot board to examine the mail and absentee ballot return envelopes and mark them "accepted" or "rejected" within three days of receipt if there are 14 or fewer days before election day, or within five days of receipt if there are more than 14 days before election day. The board may consist of deputy county auditors or deputy municipal clerks who have received training in the processing and counting of mail ballots, who need not be affiliated with a major political party. Election judges performing the duties in this section must be of different major political parties, unless they are exempt from that requirement under section 205.075, subdivision 4, or section 205A.10. If an envelope has been rejected at least five days before the election, the ballots in the envelope must remain sealed and the auditor or clerk shall provide the voter with a replacement ballot and return envelope in place of the spoiled ballot. If the ballot is rejected within five days of the election, the envelope must remain sealed and the official in charge of the ballot board must attempt to contact the voter by telephone or email to notify the voter that the voter's ballot has been rejected. The official must document the attempts made to contact the voter.
If the ballot is accepted, the county auditor or municipal clerk must mark the roster to indicate that the voter has already cast a ballot in that election. After the close of business on the seventh day before the election, the ballots from return envelopes marked "Accepted" may be opened, duplicated as needed in the manner provided by section 206.86, subdivision 5, initialed by the members of the ballot board, and deposited in the ballot box.
In all other respects, the provisions of the Minnesota Election Law governing deposit and counting of ballots apply.
The mail and absentee ballots for a precinct must be counted together and reported as one vote total. No vote totals from mail or absentee ballots may be made public before the close of voting on election day.
The costs of the mailing shall be paid by the election jurisdiction in which the voter resides. Any ballot received by 8:00 p.m. on the day of the election must be counted.
Sec. 37. Minnesota Statutes 2018, section 204C.03, is amended by adding a subdivision to read:
Subd. 5. Transit
service. Certain requirements
for transit service on the date of a state general election are as provided in
sections 174.24, subdivision 7a, and 473.408, subdivision 11.
EFFECTIVE
DATE. This section is
effective July 1, 2020.
Sec. 38. Minnesota Statutes 2018, section 204C.10, is amended to read:
204C.10
POLLING PLACE ROSTER; VOTER SIGNATURE CERTIFICATE; VOTER RECEIPT.
(a) An individual seeking to vote shall sign a polling place roster or voter signature certificate which states that the individual:
(1) is at least 18 years of age,;
(2) a citizen of the United States,;
(3) has resided in Minnesota for 20
days immediately preceding the election,;
(4) maintains residence at the
address shown,;
(5) is not under a guardianship in
which the court order revokes the individual's right to vote,;
(6) has not been found by a court
of law to be legally incompetent to vote or;
(7) has the right to vote because,
if the individual was convicted of a felony, the felony sentence has expired
or been completed or the individual has been discharged from the
sentence, completed the term of incarceration, if any, for the felony
offense;
(8) is registered; and
(9) has not already voted in the election.
The roster must also state: "I understand that deliberately providing false information is a felony punishable by not more than five years imprisonment and a fine of not more than $10,000, or both."
(b) At the presidential nomination
primary, the polling place roster must also state: "I am in general agreement with the
principles of the party for whose candidate I intend to vote, and I
understand that my choice of a party's ballot
will be public information." This statement must appear separately from
the statements required in paragraph (a).
The felony penalty provided for in paragraph (a) does not apply
to this paragraph.
(c) (b) A judge may, before
the applicant signs the roster or voter signature certificate, confirm the
applicant's name, address, and date of birth.
(d) (c) After the applicant
signs the roster or voter signature certificate, the judge shall give the
applicant a voter's receipt. The voter
shall deliver the voter's receipt to the judge in charge of ballots as proof of
the voter's right to vote, and thereupon the judge shall hand to the voter the
ballot. The voters' receipts must be
maintained during the time for notice of filing an election contest.
(e) (d) Whenever a challenged status appears on the polling place roster, an election judge must ensure that the challenge is concealed or hidden from the view of any voter other than the voter whose status is challenged.
Sec. 39. Minnesota Statutes 2018, section 204C.15, subdivision 1, is amended to read:
Subdivision 1. Physical
assistance in marking ballots. A
voter who claims a need for assistance because of inability to read English or
physical inability to mark a ballot may obtain the aid of two election judges
who are members of different major political parties. The election judges shall mark the ballots as
directed by the voter and in as secret a manner as circumstances permit. A voter in need of assistance may
alternatively obtain the assistance of any individual the voter chooses. Only the following persons may not provide
assistance to a voter: the voter's
employer, an agent of the voter's employer, an officer or agent of the voter's
union, or a candidate for election. The
person who assists the voter shall, unaccompanied by an election judge, retire
with that voter to a booth and mark the ballot as directed by the voter. No person who assists another voter as
provided in the preceding sentence shall mark the ballots of more than three
voters at one election. Before the
ballots are deposited, the voter may show them privately to an election judge
to ascertain that they are marked as the voter directed. An election judge or other individual
assisting a voter shall not in any manner request, persuade, induce, or attempt
to persuade or induce the voter to vote for any particular political party or
candidate. The election judges or other
individuals who assist the voter shall not reveal to anyone the name of any
candidate for whom the voter has voted or anything that took place while
assisting the voter.
Sec. 40. Minnesota Statutes 2018, section 204C.24, subdivision 1, is amended to read:
Subdivision 1. Information requirements. Precinct summary statements shall be submitted by the election judges in every precinct. For all elections, the election judges shall complete three or more copies of the summary statements, and each copy shall contain the following information for each kind of ballot:
(1) the number of ballots delivered to the precinct as adjusted by the actual count made by the election judges, the number of unofficial ballots made, and the number of absentee ballots delivered to the precinct;
(2) the number of votes each candidate received or the number of yes and no votes on each question, the number of undervotes, the number of overvotes, and the number of defective ballots with respect to each office or question;
(3) the number of spoiled ballots, the number of duplicate ballots made, the number of absentee ballots rejected, and the number of unused ballots, presuming that the total count provided on each package of unopened prepackaged ballots is correct;
(4) the number of voted ballots
indicating only a voter's choices as provided by section 206.80, paragraph (b),
clause (3);
(4) (5) the number of
individuals who voted at the election in the precinct which must equal the
total number of ballots cast in the precinct, as required by sections 204C.20
and 206.86, subdivision 1;
(5) (6) the number of voters
registering on election day in that precinct; and
(6) (7) the signatures of
the election judges who counted the ballots certifying that all of the ballots
cast were properly piled, checked, and counted; and that the numbers entered by
the election judges on the summary statements correctly show the number of
votes cast for each candidate and for and against each question.
At least two copies of the summary statement must be prepared for elections not held on the same day as the state elections.
Sec. 41. Minnesota Statutes 2018, section 204D.19, subdivision 2, is amended to read:
Subd. 2. Special
election when legislature will be in session.
Except for vacancies in the legislature which occur at any time
between the last day of session in an odd-numbered year and the 40th 54th
day prior to the opening day of session in the succeeding even-numbered year,
when a vacancy occurs and the legislature will be in session so that the
individual elected as provided by this section could take office and exercise
the duties of the office immediately upon election, the governor shall issue
within five days after the vacancy occurs a writ calling for a special election. The special election shall be held as soon as
possible, consistent with the notice requirements of section 204D.22,
subdivision 3, but in no event more than 35 49 days after the
issuance of the writ. A special election
must not be held during the four days before or the four days after a holiday
as defined in section 645.44, subdivision 5.
EFFECTIVE
DATE. This section is
effective August 1, 2019, and applies to vacancies occurring on or after that
date.
Sec. 42. Minnesota Statutes 2018, section 204D.195, is amended to read:
204D.195
DATE OF SPECIAL ELECTION; CERTAIN TIMES PROHIBITED.
Notwithstanding any other provision of
law, a special primary and special general election may not be held:
(1) for a period beginning the day
following the date of the state primary election and ending the day prior to
the date of the state general election.; or
(2) on a holiday, or during the four
days before or the four days after a holiday, as defined in section 645.44, subdivision
5.
EFFECTIVE
DATE. This section is
effective the day following final enactment and applies to special elections
for vacancies in office occurring on or after that date.
Sec. 43. Minnesota Statutes 2018, section 204D.22, subdivision 3, is amended to read:
Subd. 3. Notice
of special election. The county
auditor of a county in which a special election is to be held shall direct the
clerk of each municipality in which the election is to be held to post a notice
of the special primary and special election at least seven 14
days before the special primary and at least 14 21 days before
the special election in the manner provided in sections 204B.33 and 204B.34. If the special primary is to be held 14
21 days before the special election, a single notice of both elections
may be posted seven days before the primary.
When the special primary or special election is to be held on the same day as any other election, notice of the special primary or special election may be included in the notice of the other election, if practicable.
EFFECTIVE
DATE. This section is
effective August 1, 2019, and applies to vacancies occurring on or after that
date.
Sec. 44. Minnesota Statutes 2018, section 204D.23, subdivision 2, is amended to read:
Subd. 2. Time
of filing. Except as provided in
subdivision 3, the affidavits and petitions shall be filed no later than 14
21 days before the special primary.
EFFECTIVE
DATE. This section is
effective August 1, 2019, and applies to vacancies occurring on or after that
date.
Sec. 45. [204D.275]
LOCAL REIMBURSEMENT FOR SPECIAL ELECTIONS.
Subdivision 1. Reimbursement
authorized. Each county and
municipality shall be reimbursed for the cost of conducting a special election
as defined in section 200.02, subdivision 4, for a federal or state office.
Subd. 2. Expenses eligible for reimbursement. The secretary of state shall reimburse each county and municipality for the cost of:
(1) preparation and printing of ballots
and other election materials for the special election;
(2) postage for absentee ballots;
(3) publication of the sample ballot;
(4) preparation of polling places;
(5) preparation of electronic voting
systems;
(6) compensation paid to the county
canvassing board members;
(7) election judge salaries; and
(8) other reasonable costs of administering the election, as approved by the secretary of state.
Reimbursable costs do not include salaries of permanent local officials or the cost of reusable supplies and equipment.
Subd. 3. Reimbursement
requests. (a) Not more than
90 days after the special election, the county auditor must submit a request
for reimbursement of the costs incurred by the county for conducting the
special election and the municipal clerk must submit a request for
reimbursement of the costs incurred by the municipality for conducting the
special election. The request for
reimbursement must be submitted to the secretary of state and must be
accompanied by an itemized description of actual county or municipal
expenditures including copies of invoices.
In addition, the county auditor or municipal clerk must certify that the
request for reimbursement is based on actual costs incurred by the county or
municipality in the special election. The
secretary of state shall provide each county and municipality with the
appropriate forms for requesting payment and certifying expenses under this
subdivision.
(b) The secretary of state must not
reimburse expenses unless the request for payment and certification of costs
has been submitted as provided in this subdivision. The secretary of state must complete the
issuance of reimbursements to the counties and municipalities for qualifying
claims no later than 120 days after the special election. Amounts necessary to pay qualifying claims
are appropriated from the general fund to the secretary of state for that
purpose.
Sec. 46. [204E.01]
APPLICABILITY.
This chapter applies to all elections
expressly authorized by law to use ranked-choice voting. All other provisions of the Minnesota
Election Law also apply, to the extent they are not inconsistent with this
chapter.
Sec. 47. [204E.02]
DEFINITIONS.
Subdivision 1. Scope. The definitions in this section apply
to this chapter.
Subd. 2. Batch
elimination. "Batch
elimination" means a simultaneous defeat of multiple continuing candidates
that have no mathematical chance of being elected.
Subd. 3. Chief
election official. "Chief
election official" means the principal officer in the jurisdiction charged
with duties relating to elections.
Subd. 4. Duplicate
ranking. "Duplicate ranking"
means a voter has ranked the same candidate at multiple rankings for the office
being counted.
Subd. 5. Exhausted
ballot. "Exhausted
ballot" means a ballot that can no longer be advanced under the procedures
in section 204E.06.
Subd. 6. Highest
continuing ranking. "Highest
continuing ranking" means the ranking on a voter's ballot with the lowest
numerical value for a continuing candidate.
Subd. 7. Mathematically
impossible to be elected. "Mathematically
impossible to be elected" means either:
(1) the candidate cannot be elected
because the candidate's current vote total plus all votes that could possibly
be transferred to the candidate in future rounds from candidates with fewer
votes or an equal number of votes and surplus votes would not be enough to
surpass the candidate with the next higher current vote total; or
(2) the candidate has a lower current
vote total than a candidate who is described by clause (1).
Subd. 8. Overvote. "Overvote" means a voter has
ranked more than one candidate at the same ranking.
Subd. 9. Partially
defective ballot. "Partially
defective ballot" means a ballot that is defective to the extent that the
election judges are unable to determine the voter's intent with respect to the
office being counted.
Subd. 10. Ranked-choice
voting. "Ranked-choice
voting" means an election method in which voters rank candidates for an
office in order of their preference, with each vote counting for the
highest-ranked continuing candidate on each ballot until that candidate has
been elected or defeated by the method established in this chapter.
Subd. 11. Ranked-choice
voting tabulation center. "Ranked-choice
voting tabulation center" means the place selected for the automatic or
manual processing and tabulation of ballots.
Subd. 12. Ranking. "Ranking" means the number
assigned by a voter to a candidate to express the voter's preference for that
candidate. Ranking number one is the
highest ranking. A ranking of lower
numerical value indicates a greater preference for a candidate than a ranking
of higher numerical value.
Subd. 13. Round. "Round" means an instance of
the sequence of voting tabulation steps established in section 204E.06.
Subd. 14. Skipped ranking. "Skipped ranking" means a voter has left a ranking blank and ranks a candidate at a subsequent ranking.
Subd. 15. Surplus. "Surplus" means the total
number of votes cast for an elected candidate in excess of the threshold.
Subd. 16. Surplus
fraction of a vote. "Surplus
fraction of a vote" means the proportion of each vote to be transferred
when a surplus is transferred. The
surplus fraction is calculated by dividing the surplus by the total votes cast
for the elected candidate, calculated to four decimal places, ignoring any
remainder.
Subd. 17. Threshold. "Threshold" means the number
of votes sufficient for a candidate to be elected. In any given election, the threshold equals
the total votes counted in the first round after removing defective ballots,
divided by the sum of one plus the number of offices to be filled and adding
one to the quotient, disregarding any fractions.
Subd. 18. Transfer
value. "Transfer
value" means the fraction of a vote that a transferred ballot will
contribute to the next ranked continuing candidate on that ballot. The transfer value of a vote cast for an
elected candidate is calculated by multiplying the surplus fraction of each
vote by its current value, calculated to four decimal places, ignoring any
remainder. The transfer value of a vote
cast for a defeated candidate is the same as its current value.
Subd. 19. Transferable
vote. "Transferable
vote" means a vote or a fraction of a vote for a candidate who has been
either elected or defeated.
Subd. 20. Totally
defective ballot. "Totally
defective ballot" means a ballot that is defective to the extent that
election judges are unable to determine the voter's intent for any office on
the ballot.
Subd. 21. Undervote. "Undervote" means a voter
did not rank any candidates for an office.
Sec. 48. [204E.03]
AUTHORIZATION TO ADOPT RANKED-CHOICE VOTING; IMPLEMENTATION.
(a) The following political
subdivisions may adopt, in the manner provided in this section, ranked-choice
voting as a method of voting for local offices within the political
subdivision:
(1) home rule charter or statutory
cities;