STATE OF
MINNESOTA
NINETY-THIRD
SESSION - 2023
_____________________
FORTY-FOURTH
DAY
Saint Paul, Minnesota, Monday, April 3, 2023
The House of Representatives convened at
3:30 p.m. and was called to order by Dan Wolgamott, Speaker pro tempore.
Prayer was offered by Pastor Dale
Christiansen, Crane Community Chapel, Austin, 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
Agbaje
Anderson, P. E.
Anderson, P. H.
Backer
Bahner
Bakeberg
Baker
Becker-Finn
Bennett
Berg
Bierman
Brand
Burkel
Carroll
Cha
Clardy
Coulter
Curran
Daniels
Daudt
Davids
Davis
Demuth
Dotseth
Edelson
Elkins
Engen
Feist
Finke
Fischer
Fogelman
Franson
Frederick
Freiberg
Gillman
Gomez
Greenman
Grossell
Hansen, R.
Hanson, J.
Harder
Hassan
Heintzeman
Hemmingsen-Jaeger
Her
Hicks
Hill
Hollins
Hornstein
Howard
Hudella
Hudson
Huot
Hussein
Igo
Jacob
Johnson
Jordan
Joy
Keeler
Klevorn
Knudsen
Kotyza-Witthuhn
Kozlowski
Kraft
Kresha
Lee, F.
Lee, K.
Liebling
Lillie
Lislegard
Long
McDonald
Mekeland
Moller
Mueller
Murphy
Myers
Nadeau
Nash
Nelson, M.
Nelson, N.
Neu Brindley
Newton
Niska
Noor
Norris
Novotny
O'Driscoll
Olson, B.
Olson, L.
Pelowski
Pérez-Vega
Perryman
Petersburg
Pfarr
Pinto
Pryor
Pursell
Quam
Rehm
Reyer
Richardson
Robbins
Schomacker
Schultz
Sencer-Mura
Skraba
Smith
Stephenson
Swedzinski
Tabke
Torkelson
Urdahl
Vang
West
Wiener
Witte
Wolgamott
Xiong
Youakim
Zeleznikar
A quorum was present.
Altendorf, Bliss, Frazier, Garofalo,
Hortman, Kiel, Koznick, O'Neill, Scott and Wiens were excused.
Koegel was excused until 3:50 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
March 29,
2023
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 File:
H. F. No. 45, relating to judiciary;
establishing an assessment process to determine if current and former members
of the military charged with certain offenses are eligible for deferred
prosecution.
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 Bobby Joe Champion
President of the Senate
I have the honor to inform you that the
following enrolled Act of the 2023 Session of the State Legislature has been
received from the Office of the Governor and is 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 2023 |
Date Filed 2023 |
45 19 2:31
p.m. March 29 March 29
Sincerely,
Steve
Simon
Secretary
of State
REPORTS OF STANDING COMMITTEES
AND DIVISIONS
Pelowski from the Committee on Higher Education Finance and Policy to which was referred:
H. F. No. 38, A bill for an act relating to higher education; appropriating money to the Board of Trustees of the Minnesota State Colleges and Universities to fund an undergraduate tuition reduction.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.
The
report was adopted.
Pursuant to Joint Rule 2.03 and in
accordance with Senate Concurrent Resolution No. 3, H. F. No. 38
was re‑referred to the Committee on Rules and Legislative Administration.
Pelowski from the Committee on Higher Education Finance and Policy to which was referred:
H. F. No. 39, A bill for an act relating to higher education; appropriating money to the Board of Trustees of the Minnesota State Colleges and Universities to expand low-cost course material options and fund an undergraduate tuition reduction.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 2022, section 135A.012, is amended to read:
135A.012
HIGHER EDUCATION ATTAINMENT GOAL.
Subdivision 1. Purpose. This section sets a goal for postsecondary education and workforce training credential attainment for Minnesota residents.
Subd. 2. Postsecondary
credentials. The number of Minnesota
residents ages 25 to 44 years who hold postsecondary
degrees or certificates or industry-recognized credentials should
be increased to at least 70 percent by 2025.
Subd. 3. Rights not created. The attainment goal in this section is not to the exclusion of any other goals and does not confer a right or create a claim for any person.
Subd. 4. Data
development and analyses. The Office
of Higher Education shall work with the state demographer's office to measure
progress towards the attainment of the goal specified in subdivision 2. The United States Census Bureau data shall be
used to calculate the number of individuals in the state who hold a
postsecondary degree. The Office of
Higher Education, demographer's office, and the Department of Employment
and Economic Development, and the Department of Labor and Industry shall
develop a methodology to estimate the number of individuals that hold a certificate
credential awarded by a postsecondary institution or recognized by an
industry authority as their highest educational credential using
data available at the time that the analysis is completed.
Subd. 5. Reporting. (a) Beginning in 2016 and every year thereafter, the Office of Higher Education, in collaboration with the state demographer's office, shall, by October 15, report to the chairs and ranking minority members of the legislative committees with primary jurisdiction over higher education policy and finance on the progress towards meeting or exceeding the goal of this section.
(b) Meeting and maintaining the
goal of 70 percent of Minnesota residents ages 25 to 44 years holding a
postsecondary degree or certificate or industry-recognized credential
will likely be difficult without achieving attainment rates that are comparable
across all race and ethnicity groups. The
Office of Higher Education shall utilize benchmarks of 30 percent or higher and
50 percent or higher to report progress by race and ethnicity groups toward
meeting the educational attainment rate goal of 70 percent.
Sec. 2. Minnesota Statutes 2022, section 136A.121, subdivision 2, is amended to read:
Subd. 2. Eligibility for grants. (a) An applicant is eligible to be considered for a grant, regardless of the applicant's sex, creed, race, color, national origin, or ancestry, under sections 136A.095 to 136A.131 if the office finds that the applicant:
(1) is a resident of the state of Minnesota;
(2) is a graduate of a secondary school or its equivalent, or is 17 years of age or over, and has met all requirements for admission as a student to an eligible college or technical college of choice as defined in sections 136A.095 to 136A.131;
(3) has met the financial need criteria established in Minnesota Rules;
(4) is not in default, as defined by the
office, of any federal or state student educational loan; and
(5) is not more than 30 days in arrears in
court-ordered child support that is collected or enforced by the public
authority responsible for child support enforcement or, if the applicant is
more than 30 days in arrears in court‑ordered child support that is
collected or enforced by the public authority responsible for child support enforcement, but is complying with a written
payment agreement under section 518A.69 or order for arrearages.; and
(6) has not been convicted of or pled
nolo contendere or guilty to a crime involving fraud in obtaining federal Title
IV funds within the meaning of Code of Federal Regulations, subtitle B, chapter
VI, part 668, subpart C.
(b) A student is entitled to an additional semester or the equivalent of grant eligibility if the student withdraws from enrollment:
(1) for active military service after December 31, 2002, because the student was ordered to active military service as defined in section 190.05, subdivision 5b or 5c;
(2) for a serious health condition, while under the care of a medical professional, that substantially limits the student's ability to complete the term; or
(3) while providing care that substantially limits the student's ability to complete the term to the student's spouse, child, or parent who has a serious health condition.
Sec. 3. Minnesota Statutes 2022, section 136A.121, subdivision 18, is amended to read:
Subd. 18. Data. (a) An eligible institution whose students are eligible to receive funding under sections 136A.095 to 136A.246 must provide to the office data on student enrollment and federal and state financial aid.
(b) An institution or its agent must provide to the office aggregate and distributional financial or other data as determined by the commissioner that is directly related to the responsibilities of the office under this chapter. The commissioner may only request aggregate and distributional data after establishing and consulting with a data advisory task force to determine the need, content, and detail of the information. Data provided by nonpublic institutions under this paragraph is considered nonpublic data under chapter 13.
Sec. 4. Minnesota Statutes 2022, section 136A.1241, subdivision 5, is amended to read:
Subd. 5. Foster grant amount; payment; opt-out. (a) Each student shall be awarded a foster grant based on the federal need analysis. Applicants are encouraged to apply for all other sources of financial aid. The amount of the foster grant must be equal to the applicant's recognized cost of attendance after deducting:
(1) the student aid index as calculated by the federal need analysis;
(2) the amount of a federal Pell Grant award for which the applicant is eligible;
(3) the amount of the state grant;
(4) the Federal Supplemental Educational Opportunity Grant;
(5) the sum of all Tribal scholarships;
(6) the amount of any other state and federal gift aid;
(7) the Education and Training Voucher Program;
(8) extended foster care benefits under section 260C.451;
(9) the amount of any private grants or scholarships, excluding grants and scholarships provided by the private institution of higher education in which the eligible student is enrolled; and
(10) for public institutions, the sum of all institutional grants, scholarships, tuition waivers, and tuition remission amounts.
(b) The foster grant shall be paid directly to the eligible institution where the student is enrolled.
(c) An eligible private institution may opt
out of participating in the foster grant program established under this section. To opt out, the institution shall provide
notice to the office by September March 1 for the next academic
year. An institution that opts out of
participating, but participated in the program in a previous year, must hold
harmless currently enrolled recipients by continuing to provide the benefit
under paragraph (d) as long as the student remains eligible.
(d) An eligible private institution that does not opt out under paragraph (c) and accepts the student's application to attend the institution must provide institutional grants, scholarships, tuition waivers, or tuition remission in an amount equal to the difference between:
(1) the institution's cost of attendance as calculated under subdivision 4, paragraph (b), clause (1); and
(2) the
sum of the foster grant under this subdivision and the sum of the amounts in
paragraph (a), clauses (1) to (9).
(e) An undergraduate student who is eligible
may apply for and receive a foster grant in any year of undergraduate study
unless the student has obtained a baccalaureate degree or previously has
been enrolled full time as defined in section 136A.101, subdivision 7a, or the
equivalent for eight semesters or the equivalent, or received a foster grant
for five years, whichever occurs first. A
foster grant must not be awarded to a student for more than three years for a
two-year degree, certificate, or diploma, or five years received foster
grant funds for a period of ten full-time semesters or the equivalent for a
four-year undergraduate degree. A
foster grant student enrolled in a two‑year degree, certificate, or
diploma program may apply for and receive a foster grant in any year of
undergraduate study unless the student has obtained a baccalaureate degree or
received foster grant funds for a period of six full-time semesters or the equivalent.
(f) Foster grants may be awarded to an eligible student for four quarters, three semesters, or the equivalent during the course of a single fiscal year. In calculating the award amount, the office must use the same calculation it would for any other term.
Sec. 5. Minnesota Statutes 2022, section 136A.1701, subdivision 11, is amended to read:
Subd. 11. Data. (a) An eligible institution whose students are eligible to receive funding under sections 136A.15 to 136A.1795 and licensed or registered under sections 136A.61 to 136A.834 must provide to the office data on student enrollment and federal and state financial aid.
(b) An institution or its agent must provide to the office aggregate and distributional financial or other data as determined by the commissioner that is directly related to the responsibilities of the office under this chapter. The commissioner may only request aggregate and distributional data after establishing and consulting with a data advisory task force to determine the need, content, and detail of the information. Data provided by nonpublic institutions under this paragraph is considered nonpublic data under chapter 13.
Sec. 6. Minnesota Statutes 2022, section 136A.62, subdivision 3, is amended to read:
Subd. 3. School. "School" means:
(1) a Tribal college;
(2) any partnership, company, firm, society, trust, association, corporation, or any combination thereof, which (i) is, owns, or operates a private, nonprofit postsecondary education institution; (ii) is, owns, or operates a private, for‑profit postsecondary education institution; or (iii) provides a postsecondary instructional program or course leading to a degree whether or not for profit;
(2) (3) any public or private
postsecondary educational institution located in another state or country which
offers or makes available to a Minnesota resident any course, program or
educational activity which does not require the leaving of the state for its completion;
or
(3) (4) any individual,
entity, or postsecondary institution located in another state that contracts
with any school located within the state of Minnesota for the purpose of
providing educational programs, training programs, or awarding postsecondary
credits or continuing education credits to Minnesota residents that may be
applied to a degree program.
Sec. 7. Minnesota Statutes 2022, section 136A.62, is amended by adding a subdivision to read:
Subd. 3a. Tribal
college. "Tribal
college" means an institution of higher education located in this state
that is formally controlled by or has been formally sanctioned or chartered by
the governing body of a federally recognized Indian Tribe, or a combination of
federally recognized Indian Tribes. Tribal
college does not include any institution or campus subject to the jurisdiction
of the Board of Trustees of the Minnesota State Colleges and Universities or
the Board of Regents of the University of Minnesota.
Sec. 8. Minnesota Statutes 2022, section 136A.653, is amended by adding a subdivision to read:
Subd. 1b. Tribal
colleges. A Tribal college is
exempted from the provisions of sections 136A.61 to 136A.71. A Tribal college that is exempt may
voluntarily waive its exception by registering under section 136A.63. Upon registration, the Tribal college is
subject to all applicable requirements of sections 136A.61 to 136A.71.
Sec. 9. Minnesota Statutes 2022, section 136A.833, is amended to read:
136A.833
EXEMPTIONS.
Subdivision 1. Application
for exemptions. A school that seeks
an exemption from the provisions of sections 136A.822 to 136A.834 for the
school and all of its programs or some of its programs must apply to the office
to establish that the school or program meets the requirements of an
exemption. An exemption for the
school or program expires two years from the date of approval or when a
school adds a new program or makes a modification equal to or greater than 25
percent to an existing educational program.
If a school is reapplying for an exemption, the application must be
submitted to the office 90 days before the current exemption expires. This exemption shall not extend to any school
that uses any publication or advertisement that is not truthful and gives any
false, fraudulent, deceptive, inaccurate, or misleading impressions about the
school or its personnel, programs, services, or occupational opportunities for
its graduates for promotion and student recruitment. Exemptions denied under this section are
subject to appeal under section 136A.65, subdivision 8, paragraph (c) 136A.829. If an appeal is initiated, the denial of the
exemption is not effective until the final determination of the appeal, unless
immediate effect is ordered by the court.
Subd. 2. Exemption reasons. Sections 136A.821 to 136A.832 shall not apply to the following:
(1) public postsecondary institutions;
(2) postsecondary institutions registered under sections 136A.61 to 136A.71;
(3) postsecondary institutions exempt
from registration under sections 136A.653, subdivisions 1b, 2, 3, and 3a;
136A.657; and 136A.658;
(4) private career schools of nursing accredited by the state Board of Nursing or an equivalent public board of another state or foreign country;
(4) (5) private schools
complying with the requirements of section 120A.22, subdivision 4;
(5) (6) courses taught to
students in a valid an apprenticeship program registered by
the United States Department of Labor or Minnesota Department of Labor and
taught by or required by a trade union;
(6) (7) private career schools
exclusively engaged in training physically or mentally disabled persons for the
state of Minnesota;
(7) (8) private career schools
licensed by boards authorized under Minnesota law to issue licenses for
training programs except private career schools required to obtain a
private career school license due to the use of "academy,"
"institute," "college," or "university" in their
names;
(8) (9) private career schools
and educational programs, or training programs, contracted for by persons,
firms, corporations, government agencies, or associations, for the training of
their own employees, for which no fee is charged the employee;
(9) (10) private career
schools engaged exclusively in the teaching of purely avocational,
recreational, or remedial subjects, including adult basic education, as
determined by the office except private career schools required to obtain a
private career school license due to the use of "academy,"
"institute," "college," or "university" in their
names unless the private career school used "academy" or
"institute" in its name prior to August 1, 2008;
(10) (11) classes, courses, or programs conducted by a bona fide trade, professional, or fraternal organization, solely for that organization's membership;
(11) (12) programs in the fine
arts provided by organizations exempt from taxation under section 290.05 and
registered with the attorney general under chapter 309. For the purposes of this clause, "fine
arts" means activities resulting in artistic creation or artistic
performance of works of the imagination which are engaged in for the primary
purpose of creative expression rather than commercial sale or employment. In making this determination the office may
seek the advice and recommendation of the Minnesota Board of the Arts;
(12) (13) classes, courses, or
programs intended to fulfill the continuing education requirements for
licensure or certification in a profession, that have been approved by a
legislatively or judicially established board or agency responsible for
regulating the practice of the profession or by an industry-specific
certification entity, and that are offered exclusively to an individual
practicing the profession individuals with the professional licensure or
certification;
(13) (14) classes, courses, or
programs intended to prepare students to sit for undergraduate, graduate,
postgraduate, or occupational licensing and occupational,
certification, or entrance examinations;
(14) (15) classes, courses, or
programs providing 16 or fewer clock hours of instruction that are not part
of the curriculum for an occupation or entry level employment except private
career schools required to obtain a private career school license due to the
use of "academy," "institute," "college," or
"university" in their names;
(15) (16) classes, courses, or
programs providing instruction in personal development, modeling, or acting;
(16) training or instructional programs,
in which one instructor teaches an individual student, that are not part of the
curriculum for an occupation or are not intended to prepare a person for entry
level employment;
(17) private career schools with no physical presence in Minnesota, as determined by the office, engaged exclusively in offering distance instruction that are located in and regulated by other states or jurisdictions if the distance education instruction does not include internships, externships, field placements, or clinical placements for residents of Minnesota; and
(18) private career schools providing exclusively training, instructional programs, or courses where tuition, fees, and any other charges for a student to participate do not exceed $100.
Sec. 10. Minnesota Statutes 2022, section 136A.91, subdivision 1, is amended to read:
Subdivision 1. Grants. (a) The Office of Higher Education must establish a competitive grant program for postsecondary institutions to expand concurrent enrollment opportunities. To the extent that there are qualified applicants, the commissioner of the Office of Higher Education shall distribute grant funds to ensure:
(1) eligible students throughout the state have access to concurrent enrollment programs; and
(2) preference for grants that expand programs is given to programs already at capacity.
(b) The commissioner may award grants under this section to postsecondary institutions for any of the following purposes:
(1) to develop new concurrent enrollment courses under section 124D.09, subdivision 10, that satisfy the elective standard for career and technical education; or
(2) to expand the existing concurrent enrollment programs already offered by the postsecondary institution and support the preparation, recruitment, and success of students who are underrepresented in concurrent enrollment classrooms by:
(i) creating new sections within the same
high school; or
(ii) offering the existing course in new
high schools; or.
(iii) supporting the preparation,
recruitment, and success of students who are underrepresented in concurrent
enrollment classrooms.
Sec. 11. REPEALER.
Minnesota Rules, parts 4830.0400,
subpart 1; and 4880.2500, are repealed."
Delete the title and insert:
"A bill for an act relating to higher education; providing for certain policy changes to postsecondary attainment goals, student financial aid, institutional licensure provisions, and institutional grant programs; amending Minnesota Statutes 2022, sections 135A.012; 136A.121, subdivisions 2, 18; 136A.1241, subdivision 5; 136A.1701, subdivision 11; 136A.62, subdivision 3, by adding a subdivision; 136A.653, by adding a subdivision; 136A.833; 136A.91, subdivision 1; repealing Minnesota Rules, parts 4830.0400, subpart 1; 4880.2500."
With the recommendation that when so amended the bill be placed on the General Register.
The
report was adopted.
Pursuant to Joint Rule 2.03 and in
accordance with Senate Concurrent Resolution No. 3, H. F. No. 39
was re‑referred to the Committee on Rules and Legislative Administration.
Long from the Committee on Rules and Legislative Administration to which was referred:
H. F. No. 402, A bill for an act relating to health; establishing requirements for certain health care entity transactions; changing the expiration date on moratorium conversion transactions; requiring a health system to return charitable assets received from the state to the general fund in certain circumstances; requiring a study on the regulation of certain transactions; requiring a report; appropriating money; amending Laws 2017, First Special Session chapter 6, article 5, section 11, as amended; proposing coding for new law in Minnesota Statutes, chapter 144.
Reported the same back with the recommendation that the bill be re-referred to the Committee on Health Finance and Policy.
The
report was adopted.
Joint
Rule 2.03 has been waived for any subsequent committee action on this bill.
Becker-Finn from the Committee on Judiciary Finance and Civil Law to which was referred:
H. F. No. 447, A bill for an act relating to judiciary; eliminating the fee for uncertified copies of instruments from civil or criminal proceedings; providing expedited attorney entry to district courthouse buildings; providing attorneys secured access to court records; amending Minnesota Statutes 2022, section 357.021, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 484.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"ARTICLE 1
CIVIL LAW, PROPERTY, AND BOARD MEMBERSHIP
Section 1. Minnesota Statutes 2022, section 169A.63, subdivision 8, is amended to read:
Subd. 8. Administrative forfeiture procedure. (a) A motor vehicle used to commit a designated offense or used in conduct resulting in a designated license revocation is subject to administrative forfeiture under this subdivision.
(b) Within 60 days from when a motor vehicle is seized under subdivision 2, or within a reasonable time after seizure, the appropriate agency shall serve the driver or operator of the vehicle with a notice of the seizure and intent to forfeit the vehicle. Additionally, when a motor vehicle is seized under subdivision 2, or within a reasonable time after that, all persons known to have an ownership, possessory, or security interest in the vehicle must be notified of the seizure and the intent to forfeit the vehicle. For those vehicles required to be registered under chapter 168, the notification to a person known to have a security interest in the vehicle is required only if the vehicle is registered under chapter 168 and the interest is listed on the vehicle's title. Upon motion by the appropriate agency or prosecuting authority, a court may extend the time period for sending notice for a period not to exceed 90 days for good cause shown. Notice mailed by certified mail to the address shown in Department of Public Safety records is sufficient notice to the registered owner of the vehicle. For motor vehicles not required to be registered under chapter 168, notice mailed by certified mail to the address shown in the applicable filing or registration for the vehicle is sufficient notice to a person known to have an ownership, possessory, or security interest in the vehicle. Otherwise, notice may be given in the manner provided by law for service of a summons in a civil action.
(c) The notice must be in writing and contain:
(1) a description of the vehicle seized;
(2) the date of seizure; and
(3) notice of the right to obtain judicial review of the forfeiture and of the procedure for obtaining that judicial review, printed in English. This requirement does not preclude the appropriate agency from printing the notice in other languages in addition to English.
Substantially the following language must appear conspicuously in the notice:
"WARNING: If you were the person arrested when the property was seized, you will automatically lose the above-described property and the right to be heard in court if you do not file a lawsuit and serve the prosecuting authority within 60 days. You may file your lawsuit in conciliation court if the property is worth $15,000 or less; otherwise, you must file in district court. You do not have to pay a filing fee for your lawsuit.
WARNING: If you have an ownership interest in the above-described property and were not the person arrested when the property was seized, you will automatically lose the above-described property and the right to be heard in court if you do not notify the prosecuting authority of your interest in writing within 60 days."
(d) If notice is not sent in accordance with paragraph (b), and no time extension is granted or the extension period has expired, the appropriate agency shall return the vehicle to the owner. An agency's return of property due to lack of proper notice does not restrict the agency's authority to commence a forfeiture proceeding at a later time.
(e) Within 60 days following service of a
notice of seizure and forfeiture under this subdivision, a claimant may file a
demand for a judicial determination of the forfeiture. The demand must be in the form of a civil
complaint and must be filed with the court administrator in the county in which
the seizure occurred, together with proof of service of a copy of the complaint
on the prosecuting authority having jurisdiction over the forfeiture. The claimant may serve the complaint by
certified mail or any means permitted by court rules. If the value of the seized property is
$15,000 or less, the claimant may file an action in conciliation court for
recovery of the seized vehicle. A copy
of the conciliation court statement of claim must may be served
personally or by mail as permitted by the Rules of Conciliation Court
Procedure on the prosecuting authority having jurisdiction over the
forfeiture within 60 days following service of the notice of seizure and
forfeiture under this subdivision. The
claimant does not have to pay the court filing fee.
No responsive pleading is required of the prosecuting authority and no court fees may be charged for the prosecuting authority's appearance in the matter. The prosecuting authority may appear for the appropriate agency. Pleadings, filings, and methods of service are governed by the Rules of Civil Procedure and, where applicable, by the Rules of Conciliation Court Procedure.
(f) The complaint must be captioned in the name of the claimant as plaintiff and the seized vehicle as defendant, and must state with specificity the grounds on which the claimant alleges the vehicle was improperly seized, the claimant's interest in the vehicle seized, and any affirmative defenses the claimant may have. Notwithstanding any law to the contrary, an action for the return of a vehicle seized under this section may not be maintained by or on behalf of any person who has been served with a notice of seizure and forfeiture unless the person has complied with this subdivision.
(g) If the claimant makes a timely demand for a judicial determination under this subdivision, the forfeiture proceedings must be conducted as provided under subdivision 9.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 2. Minnesota Statutes 2022, section 259.11, is amended to read:
259.11
ORDER; FILING COPIES.
(a) Upon meeting the requirements of section 259.10, the court shall grant the application unless: (1) it finds that there is an intent to defraud or mislead; (2) section 259.13 prohibits granting the name change; or (3) in the case of the change of a minor child's name, the court finds that such name change is not in the best interests of the child. The court shall set forth in the order the name and age of the applicant's spouse and each child of the applicant, if any, and shall state a description of the lands, if any, in which the applicant and the spouse and children, if any, claim to have an interest. The court administrator shall file such order, and record the same in the judgment book. If lands be described therein, a certified copy of the order shall be filed for record, by the applicant, with the county recorder of each county wherein any of the same are situated. Before doing so the court administrator shall present the same to the county auditor who shall enter the change of name in the auditor's official records and note upon the instrument, over an official signature, the words "change of name recorded." Any such order shall not be filed, nor any certified copy thereof be issued, until the applicant shall have paid to the county recorder and court administrator the fee required by law. No application shall be denied on the basis of the marital status of the applicant.
(b) When a person applies for a name change, the court shall determine whether the person has a criminal history in this or any other state. The court may conduct a search of national records through the Federal Bureau of Investigation by submitting a set of fingerprints and the appropriate fee to the Bureau of Criminal Apprehension. If it is determined that the person has a criminal history in this or any other state, the court shall, within ten days after the name change application is granted, report the name change to the Bureau of Criminal Apprehension. The person whose name is changed shall also report the change to the Bureau of Criminal Apprehension within ten days. The court granting the name change application must explain this reporting duty in its order. Any person required to report the person's name change to the Bureau of Criminal Apprehension who fails to report the name change as required under this paragraph is guilty of a gross misdemeanor.
(c) Paragraph (b) does not apply to either:
(1) a request for a name change as part of
an application for a marriage license under section 517.08; or
(2) a request for a name change in
conjunction with a marriage dissolution under section 518.27; or
(3) a request for a name change filed under section 259.14.
Sec. 3. Minnesota Statutes 2022, section 259.13, subdivision 1, is amended to read:
Subdivision 1. Procedure for seeking name change. (a) A person with a felony conviction under Minnesota law or the law of another state or federal jurisdiction shall serve a notice of application for a name change on the prosecuting authority that obtained the conviction against the person when seeking a name change through one of the following procedures:
(1) an application for a name change under
section 259.10; or
(2) a request for a name change as part
of an application for a marriage license under section 517.08; or
(3) (2) a request for a name
change in conjunction with a marriage dissolution under section 518.27.
If the conviction is from another state or federal jurisdiction, notice of application must also be served on the attorney general.
(b) A person who seeks a name change under
section 259.10 or 518.27 shall file proof of service with the court as part of
the name change request. A person who
seeks a name change under section 517.08 shall file proof of service with the
county as part of the application for a marriage license.
(c) The name change request may not be granted during the 30-day period provided for in subdivision 2 or, if an objection is filed under subdivision 2, until satisfaction of the requirements in subdivision 3 or 4. Nothing in this section shall delay the granting of a marriage license under section 517.08, which may be granted without the name change.
Sec. 4. Minnesota Statutes 2022, section 259.13, subdivision 5, is amended to read:
Subd. 5. Costs. (a) Except as provided in paragraph (b), a person seeking a name change under this section may proceed in forma pauperis only when the failure to allow the name change would infringe upon a constitutional right.
(b) A court shall not require a person
with a felony conviction to pay filing fees for a name change application
provided that the person files the action within 180 days after the marriage
and submits to the court a certified copy of the marriage certificate.
Sec. 5. [259.14]
POSTDISSOLUTION NAME CHANGE.
(a) A person who has resided in this
state for at least six months and obtained the person's most recent final
marriage dissolution from a district court in this state may apply to the
district court in the county where the person resides to change the person's
name to the legal name on the person's birth certificate. A person applying for a name change must
submit a certified copy of the certificate of dissolution issued pursuant to
section 518.148 and a certified copy of the person's birth certificate.
(b) A court shall not require a person
applying for a name change to pay filing fees for an application submitted
pursuant to this section. Notwithstanding
section 259.10, a court shall not require the person applying for a name change
to provide proof of the person's identity by two witnesses unless the proof of
identity is necessary to determine whether the person has an intent to defraud or
mislead the court.
(c) Upon meeting the requirements of
this section, the court shall grant the application for a name change unless
the court finds that: (1) the person has
an intent to defraud or mislead the court; or (2) section 259.13 prohibits
granting the name change. The court
shall notify the person applying for a name change that using a different
surname without complying with section 259.13, if applicable, is a gross
misdemeanor.
Sec. 6. Minnesota Statutes 2022, section 325F.992, subdivision 3, is amended to read:
Subd. 3. Penalties;
remedies. In addition to any other
remedies available under the law, the military beneficiary injured by a
violation of this section may bring a cause of action to recover damages,
reasonable attorney fees and costs, or and equitable relief
related to a violation of subdivision 2.
The attorney general may enforce this section pursuant to applicable
law.
Sec. 7. Minnesota Statutes 2022, section 336.9-601, is amended to read:
336.9-601
RIGHTS AFTER DEFAULT; JUDICIAL ENFORCEMENT; CONSIGNOR OR BUYER OF ACCOUNTS,
CHATTEL PAPER, PAYMENT INTANGIBLES, OR PROMISSORY NOTES.
(a) Rights of secured party after default. After default, a secured party has the rights provided in this part and, except as otherwise provided in section 336.9-602, those provided by agreement of the parties. A secured party:
(1) may reduce a claim to judgment, foreclose, or otherwise enforce the claim, security interest, or agricultural lien by any available judicial procedure; and
(2) if the collateral is documents, may proceed either as to the documents or as to the goods they cover.
(b) Rights and duties of secured party in possession or control. A secured party in possession of collateral or control of collateral under section 336.7-106, 336.9-104, 336.9-105, 336.9-106, or 336.9-107 has the rights and duties provided in section 336.9-207.
(c) Rights cumulative; simultaneous exercise. The rights under subsections (a) and (b) are cumulative and may be exercised simultaneously.
(d) Rights of debtor and obligor. Except as otherwise provided in subsection (g) and section 336.9-605, after default, a debtor and an obligor have the rights provided in this part and by agreement of the parties.
(e) Lien of levy after judgment. If a secured party has reduced its claim to judgment, the lien of any levy that may be made upon the collateral by virtue of an execution based upon the judgment relates back to the earliest of:
(1) the date of perfection of the security interest or agricultural lien in the collateral;
(2) the date of filing a financing statement covering the collateral; or
(3) any date specified in a statute under which the agricultural lien was created.
(f) Execution sale. A sale pursuant to an execution is a foreclosure of the security interest or agricultural lien by judicial procedure within the meaning of this section. A secured party may purchase at the sale and thereafter hold the collateral free of any other requirements of this article.
(g) Consignor or buyer of certain rights to payment. Except as otherwise provided in section 336.9-607 (c), this part imposes no duties upon a secured party that is a consignor or is a buyer of accounts, chattel paper, payment intangibles, or promissory notes.
(h) Security
interest in collateral that is agricultural property; enforcement. A person may not begin to enforce a
security interest in collateral that is agricultural property subject to
sections 583.20 to 583.32 that has secured a debt of more than the amount
provided in section 583.24, subdivision 5, unless: a mediation notice under subsection (i) is
served on the debtor after a condition of default has occurred in the security
agreement and a copy served on the director of the agricultural Minnesota
extension service; and the debtor and creditor have completed mediation under
sections 583.20 to 583.32; or as otherwise allowed under sections 583.20 to
583.32.
(i) Mediation notice. A mediation notice under subsection (h) must contain the following notice with the blanks properly filled in.
"TO: ...(Name of Debtor)...
YOU HAVE DEFAULTED ON THE ...(Debt in Default)... SECURED BY AGRICULTURAL PROPERTY DESCRIBED AS ...(Reasonable Description of Agricultural Property Collateral). THE AMOUNT OF THE OUTSTANDING DEBT IS ...(Amount of Debt)...
AS A SECURED PARTY, ...(Name of Secured Party)... INTENDS TO ENFORCE THE SECURITY AGREEMENT AGAINST THE AGRICULTURAL PROPERTY DESCRIBED ABOVE BY REPOSSESSING, FORECLOSING ON, OR OBTAINING A COURT JUDGMENT AGAINST THE PROPERTY.
YOU HAVE THE RIGHT TO HAVE THE DEBT REVIEWED FOR MEDIATION. IF YOU REQUEST MEDIATION, A DEBT THAT IS IN DEFAULT WILL BE MEDIATED ONLY ONCE. IF YOU DO NOT REQUEST MEDIATION, THIS DEBT WILL NOT BE SUBJECT TO FUTURE MEDIATION IF THE SECURED PARTY ENFORCES THE DEBT.
IF YOU PARTICIPATE IN MEDIATION, THE
DIRECTOR OF THE AGRICULTURAL MINNESOTA EXTENSION SERVICE WILL
PROVIDE AN ORIENTATION MEETING AND A FINANCIAL ANALYST TO HELP YOU TO PREPARE
FINANCIAL INFORMATION. IF YOU DECIDE TO
PARTICIPATE IN MEDIATION, IT WILL BE TO YOUR ADVANTAGE TO ASSEMBLE YOUR FARM
FINANCE AND OPERATION RECORDS AND TO CONTACT A COUNTY EXTENSION OFFICE AS SOON
AS POSSIBLE. MEDIATION WILL ATTEMPT TO
ARRIVE AT AN AGREEMENT FOR HANDLING FUTURE FINANCIAL RELATIONS.
TO HAVE THE DEBT REVIEWED FOR MEDIATION
YOU MUST FILE A MEDIATION REQUEST WITH THE DIRECTOR WITHIN 14 DAYS AFTER YOU
RECEIVE THIS NOTICE. THE MEDIATION
REQUEST FORM IS AVAILABLE AT ANY COUNTY RECORDER'S OR COUNTY EXTENSION
OFFICE FROM THE DIRECTOR OF THE MINNESOTA EXTENSION SERVICE.
FROM: ...(Name and Address of Secured Party)..."
Sec. 8. Minnesota Statutes 2022, section 504B.301, is amended to read:
504B.301
EVICTION ACTION FOR UNLAWFUL DETENTION.
A person may be evicted if the person has unlawfully or forcibly occupied or taken possession of real property or unlawfully detains or retains possession of real property.
A seizure under section 609.5317,
subdivision 1, for which there is not a defense under section 609.5317,
subdivision 3, constitutes unlawful detention by the tenant.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 9. Minnesota Statutes 2022, section 508.52, is amended to read:
508.52
CONVEYANCE; CANCELLATION OF OLD AND ISSUANCE OF NEW CERTIFICATE.
An owner of registered land who desires to
convey the land, or a portion thereof, in fee, shall execute a deed of
conveyance, and record the deed with the registrar. The deed of conveyance shall be recorded and
endorsed with the number and place of registration of the certificate of title. Before canceling the outstanding certificate
of title the registrar shall show by memorial thereon the registration of the
deed on the basis of which it is canceled.
The encumbrances, claims, or interests adverse to the title of the
registered owner shall be stated upon the new certificate, except so far as
they may be simultaneously released or discharged. The registrar shall not carry forward as a
memorial on the new certificate of title any memorials of a transfer on death
deed if the grantors of the transfer on death deed retain no fee interest in
the land covered by the new certificate.
The certificate of title shall be marked "Canceled" by the
registrar, who shall enter in the register a new certificate of title to the
grantee and prepare and deliver to the grantee a copy of the new
certificate of title. The registrar,
upon request, shall deliver to the grantee a copy of the new certificate of
title. If a deed in fee is for a
portion of the land described in a certificate of title, the memorial of the
deed entered by the registrar shall include the legal description contained in
the deed and the registrar shall enter a new certificate of title to the
grantee for the portion of the land conveyed and, except as otherwise provided
in this section, issue a residue certificate of title to the grantor for the
portion of the land not conveyed. The
registrar shall prepare and, upon request, deliver to each of the
parties a copy of their respective certificates of title. In lieu of canceling the grantor's
certificate of title and issuing a residue certificate to the grantor for the
portion of the land not conveyed, the registrar may if the grantor's deed does
not divide a parcel of unplatted land, and in the absence of a request to the
contrary by the registered owner, mark by the land description on the
certificate of title "Part of land conveyed, see memorials." The fee for a residue certificate of title
shall be paid to the registrar only when the grantor's certificate of title is
canceled after the conveyance by the grantor of a portion of the land described
in the grantor's certificate of title. When
two or more successive conveyances of the same property are filed for
registration on the same day the registrar may enter a certificate in favor of
the grantee or grantees in the last of the successive conveyances, and the
memorial of the previous deed or deeds entered on the prior certificate of
title shall have the same force and effect as though the prior certificate of
title had been entered in favor of the grantee or grantees in the earlier deed
or deeds in the successive conveyances. The
fees for the registration of the earlier deed or deeds shall be the same as the
fees prescribed for the entry of memorials.
The registrar of titles, with the consent of the transferee, may mark
"See memorials for new owner(s)" by the names of the registered
owners on the certificate of title and also add to the memorial of the
transferring conveyance a statement that the memorial shall serve in lieu of a
new certificate of title in favor of the grantee or grantees therein noted and
may refrain from canceling the certificate of title until the time it is
canceled by a subsequent transfer, and the memorial showing such transfer of title
shall have the same effect as the entry of a new certificate of title for the
land described in the certificate of title; the fee for the registration of a
conveyance without cancellation of the certificate of title shall be the same
as the fee prescribed for the entry of a memorial.
Sec. 10. Minnesota Statutes 2022, section 517.08, subdivision 1a, is amended to read:
Subd. 1a. Form. Application for a civil marriage license shall be made by both of the parties upon a form provided for the purpose and shall contain the following information:
(1) the full names of the parties and the sex of each party;
(2) their post office addresses and county and state of residence;
(3) their full ages;
(4) if either party has previously been married, the party's married name, and the date, place and court in which the civil marriage was dissolved or annulled or the date and place of death of the former spouse;
(5) whether the parties are related to each other, and, if so, their relationship;
(6) the address of the parties after the civil marriage is entered into to which the local registrar shall send a certified copy of the civil marriage certificate;
(7) the full names the parties will have after the civil marriage is entered into and the parties' Social Security numbers. The Social Security numbers must be collected for the application but must not appear on the civil marriage license. If a party listed on a civil marriage application does not have a Social Security number, the party must certify on the application, or a supplement to the application, that the party does not have a Social Security number;
(8) if one or both of the parties party
to the civil marriage license has a felony conviction under Minnesota law or
the law of another state or federal jurisdiction, the parties shall provide
to the county proof of service upon the prosecuting authority and, if
applicable, the attorney general, as required by party may not change
the party's name through the marriage
application process and must follow the process in section 259.13 to change the party's name;
and
(9) notice that a party who has a felony conviction under Minnesota law or the law of another state or federal jurisdiction may not use a different name after a civil marriage except as authorized by section 259.13, and that doing so is a gross misdemeanor.
Sec. 11. Minnesota Statutes 2022, section 517.08, subdivision 1b, is amended to read:
Subd. 1b. Term of license; fee; premarital education. (a) The local registrar shall examine upon oath the parties applying for a license relative to the legality of the contemplated civil marriage. Both parties must present proof of age to the local registrar. If one party is unable to appear in person, the party appearing may complete the absent applicant's information. The local registrar shall provide a copy of the civil marriage application to the party who is unable to appear, who must verify the accuracy of the appearing party's information in a notarized statement. The verification statement must be accompanied by a copy of proof of age of the party. The civil marriage license must not be released until the verification statement and proof of age has been received by the local registrar. If the local registrar is satisfied that there is no legal impediment to it, including the restriction contained in section 259.13, the local registrar shall issue the license, containing the full names of the parties before and after the civil marriage, and county and state of residence, with the county seal attached, and make a record of the date of issuance. The license shall be valid for a period of six months. Except as provided in paragraph (b), the local registrar shall collect from the applicant a fee of $115 for administering the oath, issuing, recording, and filing all papers required, and preparing and transmitting to the state registrar of vital records the reports of civil marriage required by this section. If the license should not be used within the period of six months due to illness or other extenuating circumstances, it
may be surrendered to the local registrar for cancellation, and in that case a new license shall issue upon request of the parties of the original license without fee. A local registrar who knowingly issues or signs a civil marriage license in any manner other than as provided in this section shall pay to the parties aggrieved an amount not to exceed $1,000.
(b) The civil marriage license fee for parties who have completed at least 12 hours of premarital education is $40. In order to qualify for the reduced license fee, the parties must submit at the time of applying for the civil marriage license a statement that is signed, dated, and notarized or marked with a church seal from the person who provided the premarital education on their letterhead confirming that it was received. The premarital education must be provided by a licensed or ordained minister or the minister's designee, a person authorized to solemnize civil marriages under section 517.18, or a person authorized to practice marriage and family therapy under section 148B.33. The education must include the use of a premarital inventory and the teaching of communication and conflict management skills.
(c) The statement from the person who provided the premarital education under paragraph (b) must be in the following form:
"I, .......................... (name of educator), confirm that .......................... (names of both parties) received at least 12 hours of premarital education that included the use of a premarital inventory and the teaching of communication and conflict management skills. I am a licensed or ordained minister, a person authorized to solemnize civil marriages under Minnesota Statutes, section 517.18, or a person licensed to practice marriage and family therapy under Minnesota Statutes, section 148B.33."
The names of the parties in the educator's statement must be identical to the legal names of the parties as they appear in the civil marriage license application. Notwithstanding section 138.17, the educator's statement must be retained for seven years, after which time it may be destroyed.
(d) If section 259.13 applies to the
request for a civil marriage license, the local registrar shall grant the civil
marriage license without the requested name change. Alternatively, the local registrar may delay
the granting of the civil marriage license until the party with the conviction:
(1) certifies under oath that 30 days
have passed since service of the notice for a name change upon the prosecuting authority and, if applicable, the
attorney general and no objection has been filed under section 259.13; or
(2) provides a certified copy of the
court order granting it. The parties
seeking the civil marriage license shall have the right to choose to have the
license granted without the name change or to delay its granting pending
further action on the name change request.
Sec. 12. Minnesota Statutes 2022, section 518.191, subdivision 1, is amended to read:
Subdivision 1. Abbreviated
judgment and decree. If real estate
is described in a judgment and decree of dissolution, the court may shall
direct either of the parties or their legal counsel to prepare and submit to
the court a proposed summary real estate disposition judgment. Upon approval by the court and filing of the
summary real estate disposition judgment with the court administrator, the
court administrator shall provide to any party upon request certified copies of
the summary real estate disposition judgment.
Sec. 13. Minnesota Statutes 2022, section 518.191, subdivision 3, is amended to read:
Subd. 3. Court order. An order or provision in a judgment and decree that provides that the judgment and decree must be recorded in the office of the county recorder or filed in the office of the registrar of titles means, if a summary real estate disposition judgment has been approved by the court, that the summary real estate disposition
judgment, rather than the
judgment and decree, must be recorded in the office of the county recorder or
filed in the office of the registrar of titles.
The recorder or registrar of titles is not responsible for
determining if a summary real estate disposition judgment has been approved by
the court.
Sec. 14. Minnesota Statutes 2022, section 550.365, subdivision 2, is amended to read:
Subd. 2. Contents. A mediation notice must contain the following notice with the blanks properly filled in.
"TO: ....(Name of Judgment Debtor)....
A JUDGMENT WAS ORDERED AGAINST YOU BY ....(Name of Court).... ON ....(Date of Judgment).
AS A JUDGMENT CREDITOR, ....(Name of Judgment Creditor).... INTENDS TO TAKE ACTION AGAINST THE AGRICULTURAL PROPERTY DESCRIBED AS ....(Description of Agricultural Property).... TO SATISFY THE JUDGMENT IN THE AMOUNT OF ....(Amount of Debt)....
YOU HAVE THE RIGHT TO HAVE THE DEBT REVIEWED FOR MEDIATION. IF YOU REQUEST MEDIATION, A DEBT THAT IS IN DEFAULT WILL BE MEDIATED ONLY ONCE. IF YOU DO NOT REQUEST MEDIATION, THIS DEBT WILL NOT BE SUBJECT TO FUTURE MEDIATION IF THE SECURED PARTY ENFORCES THE DEBT.
IF YOU PARTICIPATE IN MEDIATION, THE
DIRECTOR OF THE AGRICULTURAL MINNESOTA EXTENSION SERVICE WILL
PROVIDE AN ORIENTATION MEETING AND A FINANCIAL ANALYST TO HELP YOU PREPARE
FINANCIAL INFORMATION. IF YOU DECIDE TO
PARTICIPATE IN MEDIATION, IT WILL BE TO YOUR ADVANTAGE TO ASSEMBLE YOUR FARM
FINANCE AND OPERATION RECORDS AND TO CONTACT A COUNTY EXTENSION OFFICE AS SOON
AS POSSIBLE. MEDIATION WILL ATTEMPT TO
ARRIVE AT AN AGREEMENT FOR HANDLING FUTURE FINANCIAL RELATIONS.
TO HAVE THE DEBT REVIEWED FOR MEDIATION YOU
MUST FILE A MEDIATION REQUEST WITH THE DIRECTOR WITHIN 14 DAYS AFTER YOU
RECEIVE THIS NOTICE. THE MEDIATION
REQUEST FORM IS AVAILABLE AT ANY COUNTY RECORDER'S OR COUNTY EXTENSION
OFFICE FROM THE DIRECTOR OF THE MINNESOTA EXTENSION SERVICE.
FROM: ....(Name and Address of Judgment Creditor)...."
Sec. 15. Minnesota Statutes 2022, section 559.209, subdivision 2, is amended to read:
Subd. 2. Contents. A mediation notice must contain the following notice with the blanks properly filled in.
"TO: ....(Name of Contract for Deed Purchaser)....
YOU HAVE DEFAULTED ON THE CONTRACT FOR DEED OF THE AGRICULTURAL PROPERTY DESCRIBED AS ....(Size and Reasonable Location of Property, Not Legal Description). THE AMOUNT OF THE OUTSTANDING DEBT IS ....(Amount of Debt)....
AS THE CONTRACT FOR DEED VENDOR, ....(Contract for Deed Vendor).... INTENDS TO TERMINATE THE CONTRACT AND TAKE BACK THE PROPERTY.
YOU HAVE THE RIGHT TO HAVE THE CONTRACT FOR DEED DEBT REVIEWED FOR MEDIATION. IF YOU REQUEST MEDIATION, A DEBT THAT IS IN DEFAULT WILL BE MEDIATED ONLY ONCE. IF YOU DO NOT REQUEST MEDIATION, THIS DEBT WILL NOT BE SUBJECT TO FUTURE MEDIATION IF THE CONTRACT FOR DEED VENDOR BEGINS REMEDIES TO ENFORCE THE DEBT.
IF YOU PARTICIPATE IN
MEDIATION, THE DIRECTOR OF THE AGRICULTURAL MINNESOTA EXTENSION
SERVICE WILL PROVIDE AN ORIENTATION MEETING AND A FINANCIAL ANALYST TO HELP YOU
PREPARE FINANCIAL INFORMATION. IF YOU
DECIDE TO PARTICIPATE IN MEDIATION, IT WILL BE TO YOUR ADVANTAGE TO ASSEMBLE
YOUR FARM FINANCE AND OPERATION RECORDS AND TO CONTACT A COUNTY EXTENSION
OFFICE AS SOON AS POSSIBLE. MEDIATION
WILL ATTEMPT TO ARRIVE AT AN AGREEMENT FOR HANDLING FUTURE FINANCIAL RELATIONS.
TO HAVE THE CONTRACT FOR DEED DEBT REVIEWED
FOR MEDIATION YOU MUST FILE A MEDIATION REQUEST WITH THE DIRECTOR WITHIN 14
DAYS AFTER YOU RECEIVE THE NOTICE. THE
MEDIATION REQUEST FORM IS AVAILABLE AT ANY COUNTY EXTENSION OFFICE FROM
THE DIRECTOR OF THE MINNESOTA EXTENSION SERVICE.
FROM: ....(Name and Address of Contract for Deed Vendor)...."
Sec. 16. Minnesota Statutes 2022, section 573.01, is amended to read:
573.01
SURVIVAL OF CAUSES.
A cause of action arising out of an injury
to the person dies with the person of the party in whose favor it exists,
except as provided in survives the death of any party in accordance with
section 573.02. All other causes of
action by one against another, whether arising on contract or not, survive to
the personal representatives of the former and against those of the latter.
EFFECTIVE
DATE. This section is
effective the day following final enactment and applies to causes of action
pending on or commenced on or after that date.
Sec. 17. Minnesota Statutes 2022, section 573.02, subdivision 1, is amended to read:
Subdivision 1. Death
action. When death is caused by the
wrongful act or omission of any person or corporation, the trustee appointed as
provided in subdivision 3 may maintain an action therefor if the decedent might
have maintained an action, had the decedent lived, for an injury caused by the
wrongful act or omission. An action to
recover damages for a death caused by the alleged professional negligence of a
physician, surgeon, dentist, hospital or sanitarium, or an employee of a
physician, surgeon, dentist, hospital or sanitarium shall be commenced within
three years of the date of death, but in no event shall be commenced beyond the
time set forth in section 541.076. An
action to recover damages for a death caused by an intentional act constituting
murder may be commenced at any time after the death of the decedent. Any other action under this section may be
commenced within three years after the date of death provided that the action
must be commenced within six years after the act or omission. The recovery in the action is the amount the
jury deems fair and just in reference to for all damages suffered by
the decedent resulting from the injury prior to the decedent's death and
the pecuniary loss resulting from the death, and shall be for the exclusive
benefit of the surviving spouse and next of kin, proportionate to the pecuniary
loss severally suffered by the death. The
court then determines the proportionate pecuniary loss of the persons entitled
to the recovery and orders distribution accordingly. Funeral expenses and any demand for the
support of the decedent allowed by the court having jurisdiction of the action,
are first deducted and paid. Punitive
damages may be awarded as provided in section 549.20.
If an action for the injury was commenced by the decedent and not finally determined while living, it may be continued by the trustee for recovery of all damages for the exclusive benefit of the surviving spouse and next of kin, proportionate to the pecuniary loss severally suffered by the death. The court on motion shall make an order allowing the continuance and directing pleadings to be made and issues framed as in actions begun under this section.
EFFECTIVE
DATE. This section is
effective the day following final enactment and applies to causes of action
pending on or commenced on or after that date.
Sec. 18. Minnesota Statutes 2022, section 573.02, subdivision 2, is amended to read:
Subd. 2. Injury
action. When injury is caused to a
person by the wrongful act or omission of any person or corporation and the
person thereafter dies from a cause unrelated to those injuries, the trustee
appointed in subdivision 3 may maintain an action for special damages all
damages arising out of such injury if the decedent might have maintained an
action therefor had the decedent lived. An
action under this subdivision may be commenced within three years after the
date of death provided that the action must be commenced within six years after
the act or omission.
EFFECTIVE
DATE. This section is
effective the day following final enactment and applies to causes of action
pending on or commenced on or after that date.
Sec. 19. Minnesota Statutes 2022, section 582.039, subdivision 2, is amended to read:
Subd. 2. Contents. A mediation notice must contain the following notice with the blanks properly filled in.
"TO: ....(Name of Record Owner)....
YOU HAVE DEFAULTED ON THE MORTGAGE OF THE AGRICULTURAL PROPERTY DESCRIBED AS ....(Size and Reasonable Location, Not Legal Description). THE AMOUNT OF THE OUTSTANDING DEBT ON THIS PROPERTY IS ....(Amount of Debt)....
AS HOLDER OF THE MORTGAGE, ....(Name of Holder of Mortgage).... INTENDS TO FORECLOSE ON THE PROPERTY DESCRIBED ABOVE.
YOU HAVE THE RIGHT TO HAVE THE MORTGAGE DEBT REVIEWED FOR MEDIATION. IF YOU REQUEST MEDIATION, A DEBT THAT IS IN DEFAULT WILL BE MEDIATED ONLY ONCE. IF YOU DO NOT REQUEST MEDIATION, THIS DEBT WILL NOT BE SUBJECT TO FUTURE MEDIATION IF THE SECURED PARTY ENFORCES THE DEBT.
IF YOU PARTICIPATE IN MEDIATION, THE
DIRECTOR OF THE AGRICULTURAL MINNESOTA EXTENSION SERVICE WILL
PROVIDE AN ORIENTATION MEETING AND A FINANCIAL ANALYST TO HELP YOU PREPARE
FINANCIAL INFORMATION. IF YOU DECIDE TO
PARTICIPATE IN MEDIATION, IT WILL BE TO YOUR ADVANTAGE TO ASSEMBLE YOUR FARM
FINANCE AND OPERATION RECORDS AND TO CONTACT A COUNTY EXTENSION OFFICE AS SOON
AS POSSIBLE. MEDIATION WILL ATTEMPT TO
ARRIVE AT AN AGREEMENT FOR HANDLING FUTURE FINANCIAL RELATIONS.
TO HAVE THE MORTGAGE DEBT REVIEWED FOR
MEDIATION YOU MUST FILE A MEDIATION REQUEST WITH THE DIRECTOR WITHIN 14 DAYS
AFTER YOU RECEIVE THIS NOTICE. THE
MEDIATION REQUEST FORM IS AVAILABLE AT ANY COUNTY RECORDER'S OR COUNTY
EXTENSION OFFICE FROM THE DIRECTOR OF THE MINNESOTA EXTENSION SERVICE.
FROM: ....(Name and Address of Holder of Mortgage)...."
Sec. 20. Minnesota Statutes 2022, section 583.25, is amended to read:
583.25
VOLUNTARY MEDIATION PROCEEDINGS.
A debtor that owns agricultural property or
a creditor of the debtor may request mediation of the indebtedness by a farm
mediator by applying to the director. The
director shall make provide voluntary mediation application forms
available at the county recorder's and county extension office in each
county when requested. The
director must evaluate each request and may direct a mediator to meet with the
debtor and creditor to assist in mediation.
Sec. 21. Minnesota Statutes 2022, section 583.26, subdivision 2, is amended to read:
Subd. 2. Mediation
request. (a) A debtor must file a
mediation request form with the director by 14 days after receiving a mediation
notice. The debtor must state all known
creditors with debts secured for agricultural property and must authorize the
director to obtain the debtor's credit report from one or more credit reporting
agencies. The mediation request form
must include an instruction that the debtor must state all known creditors with
debts secured by agricultural property and unsecured creditors that are
necessary for the farm operation of the debtor.
It is the debtor's discretion as to which unsecured creditors are
necessary for the farm operation but the mediation request form must notify the
debtor that omission of a significant unsecured creditor could result in a
bad-faith determination pursuant to section 583.27, subdivisions 1, paragraph
(a), clause (2), and 2. The mediation
request must state the date that the notice was served on the debtor. The director shall make provide
mediation request forms available in the county recorder's and county
extension office of each county when requested.
(b) Except as provided in section 583.24, subdivision 4, paragraph (a), clause (3), a debtor who fails to file a timely mediation request waives the right to mediation for that debt under the Farmer-Lender Mediation Act. The director shall notify the creditor who served the mediation notice stating that the creditor may proceed against the agricultural property because the debtor has failed to file a mediation request.
(c) If a debtor has not received a mediation notice and is subject to a proceeding of a creditor enforcing a debt against agricultural property under chapter 580 or 581 or sections 336.9-601 to 336.9-628, terminating a contract for deed to purchase agricultural property under section 559.21, or garnishing, levying on, executing on, seizing, or attaching agricultural property, the debtor may file a mediation request with the director. The mediation request form must indicate that the debtor has not received a mediation notice.
Sec. 22. Minnesota Statutes 2022, section 600.23, is amended to read:
600.23
RECORDERS AND COURT ADMINISTRATORS.
Subdivision 1. Deposit
of papers. Every county recorder,
upon being paid the legal fees therefor, shall may receive and
deposit in the office any instruments or papers which shall be are
offered for that purpose and, if required requested, shall give
to the person depositing the same a receipt therefor.
Subd. 2. Endorsed and filed. Any such instruments or papers so received shall be filed by the officer receiving the same, and so endorsed as to indicate their general nature, the names of the parties thereto, and time when received, and shall be deposited and kept by the officer and successors in office in the same manner as the officer's official papers, but in a place separate therefrom.
Subd. 3. Withdrawal. Papers and instruments so deposited shall not be made public or withdrawn from the office except upon the written order of the person depositing the same, or the person's executors or administrators, or on the order of some court for the purpose of being read in the court, and then to be returned to the office.
Subd. 3a. Retention
and disposal. Papers and
instruments deposited for safekeeping shall be retained, at a minimum, until
the earlier of:
(1) the county recorder learns of the
depositor's death, at which time the county recorder may deliver the paper or
instrument to the appropriate court, or deliver the paper or instrument to the
depositor's executors or administrators; or
(2) 20 years following the deposit of
the paper or instrument, at which time the county recorder shall dispose of the
paper or instrument pursuant to its county's retention policy.
Subd. 4. Certificate that instrument cannot be found. The certificate of any officer to whom the legal custody of any instrument belongs, stating that the officer has made diligent search for such instrument and that it cannot be found, shall be prima facie evidence of the fact so certified to in all cases, matters, and proceedings.
Sec. 23. Minnesota Statutes 2022, section 609.5314, subdivision 3, is amended to read:
Subd. 3. Judicial determination. (a) Within 60 days following service of a notice of seizure and forfeiture under this section, a claimant may file a demand for a judicial determination of the forfeiture. The demand must be in the form of a civil complaint and must be filed with the court administrator in the county in which the seizure occurred, together with proof of service of a copy of the complaint on the prosecuting authority for that county. The claimant may serve the complaint on the prosecuting authority by certified mail or any means permitted by court rules. If the value of the seized property is $15,000 or less, the claimant may file an action in conciliation court for recovery of the seized property. A copy of the conciliation court statement of claim may be served personally or as permitted by the Rules of Conciliation Court Procedure on the prosecuting authority having jurisdiction over the forfeiture within 60 days following service of the notice of seizure and forfeiture under this subdivision. The claimant does not have to pay the court filing fee. No responsive pleading is required of the prosecuting authority and no court fees may be charged for the prosecuting authority's appearance in the matter. The district court administrator shall schedule the hearing as soon as practicable after, and in any event no later than 90 days following, the conclusion of the criminal prosecution. The proceedings are governed by the Rules of Civil Procedure and, where applicable, by the Rules of Conciliation Court Procedure.
(b) The complaint must be captioned in the name of the claimant as plaintiff and the seized property as defendant, and must state with specificity the grounds on which the claimant alleges the property was improperly seized and the plaintiff's interest in the property seized. Notwithstanding any law to the contrary, an action for the return of property seized under this section may not be maintained by or on behalf of any person who has been served with a notice of seizure and forfeiture unless the person has complied with this subdivision.
(c) If the claimant makes a timely demand for judicial determination under this subdivision, the appropriate agency must conduct the forfeiture under section 609.531, subdivision 6a. The limitations and defenses set forth in section 609.5311, subdivision 3, apply to the judicial determination.
(d) If a demand for judicial determination of an administrative forfeiture is filed under this subdivision and the court orders the return of the seized property, the court may order sanctions under section 549.211. If the court orders payment of these costs, they must be paid from forfeited money or proceeds from the sale of forfeited property from the appropriate law enforcement and prosecuting agencies in the same proportion as they would be distributed under section 609.5315, subdivision 5.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Sec. 24. Minnesota Statutes 2022, section 611.215, subdivision 1, is amended to read:
Subdivision 1. Structure;
membership. (a) The State Board of
Public Defense is a part of, but is not subject to the administrative control
of, the judicial branch of government. The
State Board of Public Defense shall consist of seven nine members
including:
(1) four attorneys admitted to the practice of law, well acquainted with the defense of persons accused of crime, but not employed as prosecutors, appointed by the supreme court, of which one must be a retired or former public defender within the past five years; and
(2) three five public members
appointed by the governor.
The appointing authorities may not appoint a person who is a judge to be a member of the State Board of Public Defense, other than as a member of the ad hoc Board of Public Defense.
(b) All members shall demonstrate an interest in maintaining a high quality, independent defense system for those who are unable to obtain adequate representation. Appointments to the board shall include qualified women and members of minority groups. At least three members of the board shall be from judicial districts other than the First, Second, Fourth, and Tenth Judicial Districts. The terms, compensation, and removal of members shall be as provided in section 15.0575. The chair shall be elected by the members from among the membership for a term of two years.
(c) In addition, the State Board of Public Defense shall consist of a nine-member ad hoc board when considering the appointment of district public defenders under section 611.26, subdivision 2. The terms of chief district public defenders currently serving shall terminate in accordance with the staggered term schedule set forth in section 611.26, subdivision 2.
(d) Meetings of the board are subject
to chapter 13D.
Sec. 25. REPEALER.
(a) Minnesota Statutes 2022, sections
346.02; and 582.14, are repealed.
(b) Minnesota Statutes 2022, section
504B.305, is repealed.
EFFECTIVE
DATE. Paragraph (b) is
effective the day following final enactment.
ARTICLE 2
CONSTRUCTION CONTRACTS
Section 1. Minnesota Statutes 2022, section 15.71, is amended by adding a subdivision to read:
Subd. 1a. Indemnification
agreement. "Indemnification
agreement" means an agreement by the promisor to indemnify, defend, or
hold harmless the promisee against liability or claims of liability for damages
arising out of bodily injury to persons or out of physical damage to tangible
or real property.
Sec. 2. Minnesota Statutes 2022, section 15.71, is amended by adding a subdivision to read:
Subd. 1b. Promisee. "Promisee" includes that
party's independent contractors, agents, employees, or indemnitees.
Sec. 3. Minnesota Statutes 2022, section 15.72, is amended by adding a subdivision to read:
Subd. 3. Unenforceability
of certain agreements. (a) An
indemnification agreement contained in, or executed in connection with, a
contract for a public improvement is unenforceable except to the extent that:
(1) the underlying injury or damage is
attributable to the negligent or otherwise wrongful act or omission, including
breach of a specific contractual duty, of the promisor or the promisor's
independent contractors, agents, employees, or delegatees; or
(2) an owner, a responsible party, or a
governmental entity agrees to indemnify a contractor directly or through
another contractor with respect to strict liability under environmental laws.
(b) A provision in a public building or
construction contract that requires a party to provide insurance coverage to
one or more other parties, including third parties, for the negligence or
intentional acts or omissions of any of those other parties, including third
parties, is against public policy and is void and unenforceable.
(c) Paragraph (b) does not
affect the validity of a provision that requires a party to provide or obtain
workers' compensation insurance, construction performance or payment bonds,
builder's risk policies, or owner or contractor‑controlled insurance
programs or policies.
(d) Paragraph (b) does not affect the validity of a provision that requires the promisor to provide or obtain insurance coverage for the promisee's vicarious liability, or liability imposed by warranty, arising out of the acts or omissions of the promisor.
(e) Paragraph (b) does not apply to
building and construction contracts for work within 50 feet of public or
private railroads or railroads regulated by the Federal Railroad
Administration.
Sec. 4. Minnesota Statutes 2022, section 337.01, subdivision 3, is amended to read:
Subd. 3. Indemnification agreement. "Indemnification agreement" means an agreement by the promisor to indemnify, defend, or hold harmless the promisee against liability or claims of liability for damages arising out of bodily injury to persons or out of physical damage to tangible or real property.
Sec. 5. Minnesota Statutes 2022, section 337.05, subdivision 1, is amended to read:
Subdivision 1. Agreements valid. (a) Except as otherwise provided in paragraph (b), sections 337.01 to 337.05 do not affect the validity of agreements whereby a promisor agrees to provide specific insurance coverage for the benefit of others.
(b) A provision that requires a party to provide insurance coverage to one or more other parties, including third parties, for the negligence or intentional acts or omissions of any of those other parties, including third parties, is against public policy and is void and unenforceable.
(c) Paragraph (b) does not affect the
validity of a provision that requires a party to provide or obtain workers'
compensation insurance, construction performance or payment bonds, or
project-specific insurance, including, without limitation, builder's risk
policies, or owner or contractor-controlled insurance programs or
policies.
(d) Paragraph (b) does not affect the validity of a provision that requires the promisor to provide or obtain insurance coverage for the promisee's vicarious liability, or liability imposed by warranty, arising out of the acts or omissions of the promisor.
(e) Paragraph (b) does not apply to building and construction contracts for work within 50 feet of public or private railroads, or railroads regulated by the Federal Railroad Administration.
Sec. 6. EFFECTIVE
DATE.
Sections 1 to 5 are effective the day
following final enactment and apply to agreements entered into on or after that
date.
ARTICLE 3
CIVIL RIGHTS LAW
Section 1. Minnesota Statutes 2022, section 82B.195, subdivision 3, is amended to read:
Subd. 3. Additional requirements. In addition to the requirements of subdivisions 1 and 2, an appraiser must:
(1) not knowingly make any of the following unacceptable appraisal practices:
(i) include inaccurate or misleading factual data about the subject neighborhood, site, improvements, or comparable sales;
(ii) fail to comment on negative factors with respect to the subject neighborhood, subject property, or proximity of the subject property to adverse influences;
(iii) unless otherwise disclosed in the appraisal report, use comparables in the valuation process that the appraiser has not at least personally inspected from the exterior by driving by them;
(iv) select and use inappropriate comparable sales or fail to use comparables that are physically and by location the most similar to the subject property;
(v) use data, particularly comparable sales data, that was provided by parties who have a financial interest in the sale or financing of the subject property without the appraiser's verification of the information from a disinterested source. For example, it would be inappropriate for an appraiser to use comparable sales provided by the builder of the subject property or a real estate broker who is handling the sale of the subject property, unless the appraiser verifies the accuracy of the data provided through another source. If a signed HUD Settlement Statement is used for this verification, the appraiser must also verify the sale data with the buyer or county records. The appraiser must also make an independent investigation to determine that the comparable sales provided were the best ones available;
(vi) use adjustments to the comparable sales that do not reflect the market's reaction to the differences between the subject property and the comparables, or fail to make adjustments when they are clearly indicated;
(vii) develop a valuation conclusion that is based either partially or completely on factors identified in chapter 363A, including race, color, creed, religion, sex, gender identity, marital status, status with regard to public assistance, disability, sexual orientation, familial status of the owner or occupants of nearby property, or national origin of either the prospective owners or occupants of the properties in the vicinity of the subject property; or
(viii) develop a valuation conclusion that is not supported by available market data;
(2) provide a resume, current within six months of the date it is provided, to anyone who employs the appraiser, indicating all professional degrees and licenses held by the appraiser; and
(3) reject any request by the person who has employed the appraiser that is in conflict with the requirements of Minnesota law or this chapter and withdraw from the appraisal assignment if the employing party persists in the request.
Sec. 2. Minnesota Statutes 2022, section 245I.12, subdivision 1, is amended to read:
Subdivision 1. Client rights. A license holder must ensure that all clients have the following rights:
(1) the rights listed in the health care bill of rights in section 144.651;
(2) the right to be free from discrimination based on age, race, color, creed, religion, national origin, sex, gender identity, marital status, disability, sexual orientation, and status with regard to public assistance. The license holder must follow all applicable state and federal laws including the Minnesota Human Rights Act, chapter 363A; and
(3) the right to be informed prior to a photograph or audio or video recording being made of the client. The client has the right to refuse to allow any recording or photograph of the client that is not for the purposes of identification or supervision by the license holder.
Sec. 3. Minnesota Statutes 2022, section 363A.02, subdivision 1, is amended to read:
Subdivision 1. Freedom from discrimination. (a) It is the public policy of this state to secure for persons in this state, freedom from discrimination:
(1) in employment because of race, color, creed, religion, national origin, sex, gender identity, marital status, disability, status with regard to public assistance, sexual orientation, familial status, and age;
(2) in housing and real property because of race, color, creed, religion, national origin, sex, gender identity, marital status, disability, status with regard to public assistance, sexual orientation, and familial status;
(3) in public accommodations because of race, color, creed, religion, national origin, sex, gender identity, sexual orientation, and disability;
(4) in public services because of race, color, creed, religion, national origin, sex, gender identity, marital status, disability, sexual orientation, and status with regard to public assistance; and
(5) in education because of race, color, creed, religion, national origin, sex, gender identity, marital status, disability, status with regard to public assistance, sexual orientation, and age.
(b) Such discrimination threatens the rights and privileges of the inhabitants of this state and menaces the institutions and foundations of democracy. It is also the public policy of this state to protect all persons from wholly unfounded charges of discrimination. Nothing in this chapter shall be interpreted as restricting the implementation of positive action programs to combat discrimination.
Sec. 4. Minnesota Statutes 2022, section 363A.03, subdivision 23, is amended to read:
Subd. 23. Local commission. "Local commission" means an agency of a city, county, or group of counties created pursuant to law, resolution of a county board, city charter, or municipal ordinance for the purpose of dealing with discrimination on the basis of race, color, creed, religion, national origin, sex, gender identity, age, disability, marital status, status with regard to public assistance, sexual orientation, or familial status.
Sec. 5. Minnesota Statutes 2022, section 363A.03, subdivision 44, is amended to read:
Subd. 44. Sexual
orientation. "Sexual
orientation" means having or being perceived as having an emotional,
physical, or sexual attachment to another person without regard to the sex of
that person or having or being perceived as having an orientation for such
attachment, or having or being perceived as having a self-image or identity
not traditionally associated with one's biological maleness or femaleness. "Sexual orientation" does not
include a physical or sexual attachment to children by an adult.
Sec. 6. Minnesota Statutes 2022, section 363A.03, is amended by adding a subdivision to read:
Subd. 50. Gender
identity. "Gender
identity" means a person's inherent sense of being a man, woman, both, or
neither. A person's gender identity may
or may not correspond to their assigned sex at birth or to their primary or
secondary sex characteristics. A
person's gender identity is not necessarily visible to others.
Sec. 7. Minnesota Statutes 2022, section 363A.04, is amended to read:
363A.04
CONSTRUCTION AND EXCLUSIVITY.
The provisions of this chapter shall be construed liberally for the accomplishment of the purposes thereof. Nothing contained in this chapter shall be deemed to repeal any of the provisions of the civil rights law or of any other law of this state relating to discrimination because of race, creed, color, religion, sex, gender identity, age,
disability, marital status, status with regard to public assistance, national origin, sexual orientation, or familial status; but, as to acts declared unfair by sections 363A.08 to 363A.19, and 363A.28, subdivision 10, the procedure herein provided shall, while pending, be exclusive.
Sec. 8. Minnesota Statutes 2022, section 363A.06, subdivision 1, is amended to read:
Subdivision 1. Formulation of policies. (a) The commissioner shall formulate policies to effectuate the purposes of this chapter and shall do the following:
(1) exercise leadership under the direction of the governor in the development of human rights policies and programs, and make recommendations to the governor and the legislature for their consideration and implementation;
(2) establish and maintain a principal office in St. Paul, and any other necessary branch offices at any location within the state;
(3) meet and function at any place within the state;
(4) employ attorneys, clerks, and other employees and agents as the commissioner may deem necessary and prescribe their duties;
(5) to the extent permitted by federal law and regulation, utilize the records of the Department of Employment and Economic Development of the state when necessary to effectuate the purposes of this chapter;
(6) obtain upon request and utilize the services of all state governmental departments and agencies;
(7) adopt suitable rules for effectuating the purposes of this chapter;
(8) issue complaints, receive and investigate charges alleging unfair discriminatory practices, and determine whether or not probable cause exists for hearing;
(9) subpoena witnesses, administer oaths, take testimony, and require the production for examination of any books or papers relative to any matter under investigation or in question as the commissioner deems appropriate to carry out the purposes of this chapter;
(10) attempt, by means of education, conference, conciliation, and persuasion to eliminate unfair discriminatory practices as being contrary to the public policy of the state;
(11) develop and conduct programs of formal and informal education designed to eliminate discrimination and intergroup conflict by use of educational techniques and programs the commissioner deems necessary;
(12) make a written report of the activities of the commissioner to the governor each year;
(13) accept gifts, bequests, grants, or other payments public and private to help finance the activities of the department;
(14) create such local and statewide advisory committees as will in the commissioner's judgment aid in effectuating the purposes of the Department of Human Rights;
(15) develop such programs as will aid in determining the compliance throughout the state with the provisions of this chapter, and in the furtherance of such duties, conduct research and study discriminatory practices based upon race, color, creed, religion, national origin, sex, gender identity, age, disability, marital status, status with regard to
public assistance, familial status, sexual orientation, or other factors and develop accurate data on the nature and extent of discrimination and other matters as they may affect housing, employment, public accommodations, schools, and other areas of public life;
(16) develop and disseminate technical assistance to persons subject to the provisions of this chapter, and to agencies and officers of governmental and private agencies;
(17) provide staff services to such advisory committees as may be created in aid of the functions of the Department of Human Rights;
(18) make grants in aid to the extent that appropriations are made available for that purpose in aid of carrying out duties and responsibilities; and
(19) cooperate and consult with the commissioner of labor and industry regarding the investigation of violations of, and resolution of complaints regarding section 363A.08, subdivision 7.
In performing these duties, the commissioner shall give priority to those duties in clauses (8), (9), and (10) and to the duties in section 363A.36.
(b) All gifts, bequests, grants, or other payments, public and private, accepted under paragraph (a), clause (13), must be deposited in the state treasury and credited to a special account. Money in the account is appropriated to the commissioner of human rights to help finance activities of the department.
Sec. 9. Minnesota Statutes 2022, section 363A.07, subdivision 2, is amended to read:
Subd. 2. Referral from commissioner. The commissioner, whether or not a charge has been filed under this chapter, may refer a matter involving discrimination because of race, color, religion, sex, gender identity, creed, disability, marital status, status with regard to public assistance, national origin, age, sexual orientation, or familial status to a local commission for study and report.
Upon referral by the commissioner, the local commission shall make a report and make recommendations to the commissioner and take other appropriate action within the scope of its powers.
Sec. 10. Minnesota Statutes 2022, section 363A.08, subdivision 1, is amended to read:
Subdivision 1. Labor organization. Except when based on a bona fide occupational qualification, it is an unfair employment practice for a labor organization, because of race, color, creed, religion, national origin, sex, gender identity, marital status, status with regard to public assistance, familial status, disability, sexual orientation, or age:
(1) to deny full and equal membership rights to a person seeking membership or to a member;
(2) to expel a member from membership;
(3) to discriminate against a person seeking membership or a member with respect to hiring, apprenticeship, tenure, compensation, terms, upgrading, conditions, facilities, or privileges of employment; or
(4) to fail to classify properly, or refer for employment or otherwise to discriminate against a person or member.
Sec. 11. Minnesota Statutes 2022, section 363A.08, subdivision 2, is amended to read:
Subd. 2. Employer. Except when based on a bona fide occupational qualification, it is an unfair employment practice for an employer, because of race, color, creed, religion, national origin, sex, gender identity, marital status, status with regard to public assistance, familial status, membership or activity in a local commission, disability, sexual orientation, or age to:
(1) refuse to hire or to maintain a system of employment which unreasonably excludes a person seeking employment; or
(2) discharge an employee; or
(3) discriminate against a person with respect to hiring, tenure, compensation, terms, upgrading, conditions, facilities, or privileges of employment.
Sec. 12. Minnesota Statutes 2022, section 363A.08, subdivision 3, is amended to read:
Subd. 3. Employment agency. Except when based on a bona fide occupational qualification, it is an unfair employment practice for an employment agency, because of race, color, creed, religion, national origin, sex, gender identity, marital status, status with regard to public assistance, familial status, disability, sexual orientation, or age to:
(1) refuse or fail to accept, register, classify properly, or refer for employment or otherwise to discriminate against a person; or
(2) comply with a request from an employer for referral of applicants for employment if the request indicates directly or indirectly that the employer fails to comply with the provisions of this chapter.
Sec. 13. Minnesota Statutes 2022, section 363A.08, subdivision 4, is amended to read:
Subd. 4. Employer, employment agency, or labor organization. (a) Except when based on a bona fide occupational qualification, it is an unfair employment practice for an employer, employment agency, or labor organization, before a person is employed by an employer or admitted to membership in a labor organization, to:
(1) require or request the person to furnish information that pertains to race, color, creed, religion, national origin, sex, gender identity, marital status, status with regard to public assistance, familial status, disability, sexual orientation, or age; or, subject to section 363A.20, to require or request a person to undergo physical examination; unless for the sole and exclusive purpose of national security, information pertaining to national origin is required by the United States, this state or a political subdivision or agency of the United States or this state, or for the sole and exclusive purpose of compliance with the Public Contracts Act or any rule, regulation, or laws of the United States or of this state requiring the information or examination. A law enforcement agency may, after notifying an applicant for a peace officer or part-time peace officer position that the law enforcement agency is commencing the background investigation on the applicant, request the applicant's date of birth, gender, and race on a separate form for the sole and exclusive purpose of conducting a criminal history check, a driver's license check, and fingerprint criminal history inquiry. The form shall include a statement indicating why the data is being collected and what its limited use will be. No document which has date of birth, gender, or race information will be included in the information given to or available to any person who is involved in selecting the person or persons employed other than the background investigator. No person may act both as background investigator and be involved in the selection of an employee except that the background investigator's report about background may be used in that selection as long as no direct or indirect references are made to the applicant's race, age, or gender; or
(2) seek and obtain for purposes of making a job decision, information from any source that pertains to the person's race, color, creed, religion, national origin, sex, gender identity, marital status, status with regard to public assistance, familial status, disability, sexual orientation, or age, unless for the sole and exclusive purpose of compliance with the Public Contracts Act or any rule, regulation, or laws of the United States or of this state requiring the information; or
(3) cause to be printed or published a notice or advertisement that relates to employment or membership and discloses a preference, limitation, specification, or discrimination based on race, color, creed, religion, national origin, sex, gender identity, marital status, status with regard to public assistance, familial status, disability, sexual orientation, or age.
(b) Any individual who is required to provide information that is prohibited by this subdivision is an aggrieved party under sections 363A.06, subdivision 4, and 363A.28, subdivisions 1 to 9.
Sec. 14. Minnesota Statutes 2022, section 363A.08, is amended by adding a subdivision to read:
Subd. 8. Inquiries
into pay history prohibited. (a)
"Pay history" as used in this subdivision means any prior or current
wage, salary, earnings, benefits, or any other compensation about an applicant
for employment.
(b) An employer, employment agency, or
labor organization shall not inquire into, consider, or require disclosure from
any source the pay history of an applicant for employment for the purpose of
determining wages, salary, earnings, benefits, or other compensation for that
applicant. The general prohibition
against inquiring into the pay history of an applicant does not apply if the
job applicant's pay history is a matter of public record under federal or state
law, unless the employer, employment agency, or labor organization sought
access to those public records with the intent of obtaining pay history of the
applicant for the purpose of determining wages, salary, earnings, benefits, or
other compensation for that applicant.
(c) Nothing in this subdivision shall
prevent an applicant for employment from voluntarily and without asking,
encouraging, or prompting disclosing pay history for the purposes of
negotiating wages, salary, benefits, or other compensation. If an applicant for employment voluntarily
and without asking, encouraging, or prompting discloses pay history to a
prospective employer, employment agency, or labor organization, nothing in this
subdivision shall prohibit that employer, employment agency, or labor organization
from considering or acting on that voluntarily disclosed salary history
information to support a wage or salary higher than initially offered by the
employer, employment agency, or labor organization.
(d) Nothing in this subdivision limits,
prohibits, or prevents a person from bringing a charge, grievance, or any other
cause of action alleging wage discrimination because of race, color, creed,
religion, national origin, sex, gender identity, marital status, status with
regard to public assistance, familial status, membership or activity in a local
commission, disability, sexual orientation, or age, as otherwise provided in
this chapter.
(e) Nothing in this subdivision shall
be construed to prevent an employer from:
(1) providing information about the
wages, benefits, compensation, or salary offered in relation to a position; or
(2) inquiring about or otherwise
engaging in discussions with an applicant about the applicant's expectations or
requests with respect to wages, salary, benefits, or other compensation.
EFFECTIVE
DATE. This section is
effective January 1, 2024. For
employment covered by collective bargaining agreements, this section is not
effective until the date of implementation of the applicable collective
bargaining agreement that is after January 1, 2024.
Sec. 15. Minnesota Statutes 2022, section 363A.09, subdivision 1, is amended to read:
Subdivision 1. Real property interest; action by owner, lessee, and others. It is an unfair discriminatory practice for an owner, lessee, sublessee, assignee, or managing agent of, or other person having the right to sell, rent or lease any real property, or any agent of any of these:
(1) to refuse to sell, rent, or lease or otherwise deny to or withhold from any person or group of persons any real property because of race, color, creed, religion, national origin, sex, gender identity, marital status, status with regard to public assistance, disability, sexual orientation, or familial status; or
(2) to discriminate against any person or group of persons because of race, color, creed, religion, national origin, sex, gender identity, marital status, status with regard to public assistance, disability, sexual orientation, or familial status in the terms, conditions or privileges of the sale, rental or lease of any real property or in the furnishing of facilities or services in connection therewith, except that nothing in this clause shall be construed to prohibit the adoption of reasonable rules intended to protect the safety of minors in their use of the real property or any facilities or services furnished in connection therewith; or
(3) in any transaction involving real property, to print, circulate or post or cause to be printed, circulated, or posted any advertisement or sign, or use any form of application for the purchase, rental or lease of real property, or make any record or inquiry in connection with the prospective purchase, rental, or lease of real property which expresses, directly or indirectly, any limitation, specification, or discrimination as to race, color, creed, religion, national origin, sex, gender identity, marital status, status with regard to public assistance, disability, sexual orientation, or familial status, or any intent to make any such limitation, specification, or discrimination except that nothing in this clause shall be construed to prohibit the advertisement of a dwelling unit as available to adults-only if the person placing the advertisement reasonably believes that the provisions of this section prohibiting discrimination because of familial status do not apply to the dwelling unit.
Sec. 16. Minnesota Statutes 2022, section 363A.09, subdivision 2, is amended to read:
Subd. 2. Real property interest; action by brokers, agents, and others. It is an unfair discriminatory practice for a real estate broker, real estate salesperson, or employee, or agent thereof:
(1) to refuse to sell, rent, or lease or to offer for sale, rental, or lease any real property to any person or group of persons or to negotiate for the sale, rental, or lease of any real property to any person or group of persons because of race, color, creed, religion, national origin, sex, gender identity, marital status, status with regard to public assistance, disability, sexual orientation, or familial status or represent that real property is not available for inspection, sale, rental, or lease when in fact it is so available, or otherwise deny or withhold any real property or any facilities of real property to or from any person or group of persons because of race, color, creed, religion, national origin, sex, gender identity, marital status, status with regard to public assistance, disability, sexual orientation, or familial status; or
(2) to discriminate against any person because of race, color, creed, religion, national origin, sex, gender identity, marital status, status with regard to public assistance, disability, sexual orientation, or familial status in the terms, conditions or privileges of the sale, rental or lease of real property or in the furnishing of facilities or services in connection therewith; or
(3) to print, circulate, or post or cause to be printed, circulated, or posted any advertisement or sign, or use any form of application for the purchase, rental, or lease of any real property or make any record or inquiry in connection with the prospective purchase, rental or lease of any real property, which expresses directly or indirectly, any limitation, specification or discrimination as to race, color, creed, religion, national origin, sex, gender identity, marital status, status with regard to public assistance, disability, sexual orientation, or familial status or any intent to
make any such limitation, specification, or discrimination except that nothing in this clause shall be construed to prohibit the advertisement of a dwelling unit as available to adults-only if the person placing the advertisement reasonably believes that the provisions of this section prohibiting discrimination because of familial status do not apply to the dwelling unit.
Sec. 17. Minnesota Statutes 2022, section 363A.09, subdivision 3, is amended to read:
Subd. 3. Real property interest; action by financial institution. It is an unfair discriminatory practice for a person, bank, banking organization, mortgage company, insurance company, or other financial institution or lender to whom application is made for financial assistance for the purchase, lease, acquisition, construction, rehabilitation, repair or maintenance of any real property or any agent or employee thereof:
(1) to discriminate against any person or group of persons because of race, color, creed, religion, national origin, sex, gender identity, marital status, status with regard to public assistance, disability, sexual orientation, or familial status of the person or group of persons or of the prospective occupants or tenants of the real property in the granting, withholding, extending, modifying or renewing, or in the rates, terms, conditions, or privileges of the financial assistance or in the extension of services in connection therewith; or
(2) to use any form of application for the financial assistance or make any record or inquiry in connection with applications for the financial assistance which expresses, directly or indirectly, any limitation, specification, or discrimination as to race, color, creed, religion, national origin, sex, gender identity, marital status, status with regard to public assistance, disability, sexual orientation, or familial status or any intent to make any such limitation, specification, or discrimination; or
(3) to discriminate against any person or group of persons who desire to purchase, lease, acquire, construct, rehabilitate, repair, or maintain real property in a specific urban or rural area or any part thereof solely because of the social, economic, or environmental conditions of the area in the granting, withholding, extending, modifying, or renewing, or in the rates, terms, conditions, or privileges of the financial assistance or in the extension of services in connection therewith.
Sec. 18. Minnesota Statutes 2022, section 363A.09, subdivision 4, is amended to read:
Subd. 4. Real property transaction. It is an unfair discriminatory practice for any real estate broker or real estate salesperson, for the purpose of inducing a real property transaction from which the person, the person's firm, or any of its members may benefit financially, to represent that a change has occurred or will or may occur in the composition with respect to race, creed, color, national origin, sex, gender identity, marital status, status with regard to public assistance, sexual orientation, or disability of the owners or occupants in the block, neighborhood, or area in which the real property is located, and to represent, directly or indirectly, that this change will or may result in undesirable consequences in the block, neighborhood, or area in which the real property is located, including but not limited to the lowering of property values, an increase in criminal or antisocial behavior, or a decline in the quality of schools or other public facilities.
Sec. 19. Minnesota Statutes 2022, section 363A.11, subdivision 1, is amended to read:
Subdivision 1. Full and equal enjoyment of public accommodations. (a) It is an unfair discriminatory practice:
(1) to deny any person the full and equal
enjoyment of the goods, services, facilities, privileges, advantages, and
accommodations of a place of public accommodation because of race, color,
creed, religion, disability, national origin, marital status, sexual
orientation, or sex, or gender identity, or for a taxicab company
to discriminate in the access to, full utilization of, or benefit from service
because of a person's disability; or
(2) for a place of public accommodation not to make reasonable accommodation to the known physical, sensory, or mental disability of a disabled person. In determining whether an accommodation is reasonable, the factors to be considered may include:
(i) the frequency and predictability with which members of the public will be served by the accommodation at that location;
(ii) the size of the business or organization at that location with respect to physical size, annual gross revenues, and the number of employees;
(iii) the extent to which disabled persons will be further served from the accommodation;
(iv) the type of operation;
(v) the nature and amount of both direct costs and legitimate indirect costs of making the accommodation and the reasonableness for that location to finance the accommodation; and
(vi) the extent to which any persons may be adversely affected by the accommodation.
(b) State or local building codes control where applicable. Violations of state or local building codes are not violations of this chapter and must be enforced under normal building code procedures.
Sec. 20. Minnesota Statutes 2022, section 363A.11, subdivision 2, is amended to read:
Subd. 2. General prohibitions. This subdivision lists general prohibitions against discrimination on the basis of disability. For purposes of this subdivision, "individual" or "class of individuals" refers to the clients or customers of the covered public accommodation that enter into the contractual, licensing, or other arrangement.
(1) It is discriminatory to:
(i) subject an individual or class of individuals on the basis of a disability of that individual or class, directly or through contractual, licensing, or other arrangements, to a denial of the opportunity of the individual or class to participate in or benefit from the goods, services, facilities, privileges, advantages, or accommodations of an entity;
(ii) afford an individual or class of
individuals on the basis of the disability of that individual or class,
directly or through contractual, licensing, or other arrangements, with the
opportunity to participate in or benefit from the goods, services, facilities,
privileges, advantages, or accommodations that are not equal to those afforded
to other individuals; and
(iii) provide an individual or class of
individuals, on the basis of a disability of that individual or class, directly
or through contractual, licensing, or other arrangements, with goods, services,
facilities, privileges, advantages, or accommodations that are different or
separate from those provided to other individuals, unless the action is
necessary to provide the individual or class of individuals with goods,
services, facilities, privileges, advantages, or accommodations, or other
opportunities that are as effective as those provided to others.; and
(iv) not provide a deaf or
hard-of-hearing individual or class of deaf or hard-of-hearing individuals with
closed‑captioned television when television services are provided to
other individuals.
(2) Goods, services, facilities, privileges, advantages, and accommodations must be afforded to an individual with a disability in the most integrated setting appropriate to the needs of the individual.
(3) Notwithstanding the existence of separate or different programs or activities provided in accordance with sections 363A.08 to 363A.19, and 363A.28, subdivision 10, the individual with a disability may not be denied the opportunity to participate in the programs or activities that are not separate or different.
(4) An individual or entity may not, directly or through contractual or other arrangements, use standards or criteria and methods of administration:
(i) that have the effect of discriminating on the basis of disability; or
(ii) that perpetuate the discrimination of others who are subject to common administrative control.
EFFECTIVE
DATE. This section is
effective August 1, 2024, for all places of public accommodation.
Sec. 21. Minnesota Statutes 2022, section 363A.12, subdivision 1, is amended to read:
Subdivision 1. Access to public service. It is an unfair discriminatory practice to discriminate against any person in the access to, admission to, full utilization of or benefit from any public service because of race, color, creed, religion, national origin, disability, sex, gender identity, sexual orientation, or status with regard to public assistance or to fail to ensure physical and program access for disabled persons unless the public service can demonstrate that providing the access would impose an undue hardship on its operation. In determining whether providing physical and program access would impose an undue hardship, factors to be considered include:
(1) the type and purpose of the public service's operation;
(2) the nature and cost of the needed accommodation;
(3) documented good faith efforts to explore less restrictive or less expensive alternatives; and
(4) the extent of consultation with knowledgeable disabled persons and organizations.
Physical and program access must be accomplished within six months of June 7, 1983, except for needed architectural modifications, which must be made within two years of June 7, 1983.
Sec. 22. Minnesota Statutes 2022, section 363A.13, subdivision 1, is amended to read:
Subdivision 1. Utilization; benefit or services. It is an unfair discriminatory practice to discriminate in any manner in the full utilization of or benefit from any educational institution, or the services rendered thereby to any person because of race, color, creed, religion, national origin, sex, gender identity, age, marital status, status with regard to public assistance, sexual orientation, or disability, or to fail to ensure physical and program access for disabled persons. For purposes of this subdivision, program access includes but is not limited to providing taped texts, interpreters or other methods of making orally delivered materials available, readers in libraries, adapted classroom equipment, and similar auxiliary aids or services. Program access does not include providing attendants, individually prescribed devices, readers for personal use or study, or other devices or services of a personal nature.
Sec. 23. Minnesota Statutes 2022, section 363A.13, subdivision 2, is amended to read:
Subd. 2. Exclude, expel, or selection. It is an unfair discriminatory practice to exclude, expel, or otherwise discriminate against a person seeking admission as a student, or a person enrolled as a student because of race, color, creed, religion, national origin, sex, gender identity, age, marital status, status with regard to public assistance, sexual orientation, or disability.
Sec. 24. Minnesota Statutes 2022, section 363A.13, subdivision 3, is amended to read:
Subd. 3. Admission form or inquiry. It is an unfair discriminatory practice to make or use a written or oral inquiry, or form of application for admission that elicits or attempts to elicit information, or to make or keep a record, concerning the creed, religion, gender identity, sexual orientation, or disability of a person seeking admission, except as permitted by rules of the department.
Sec. 25. Minnesota Statutes 2022, section 363A.13, subdivision 4, is amended to read:
Subd. 4. Purpose for information and record. It is an unfair discriminatory practice to make or use a written or oral inquiry or form of application that elicits or attempts to elicit information, or to keep a record concerning the race, color, national origin, sex, gender identity, sexual orientation, age, or marital status of a person seeking admission, unless the information is collected for purposes of evaluating the effectiveness of recruitment, admissions, and other educational policies, and is maintained separately from the application.
Sec. 26. Minnesota Statutes 2022, section 363A.15, is amended to read:
363A.15
REPRISALS.
It is an unfair discriminatory practice for any individual who participated in the alleged discrimination as a perpetrator, employer, labor organization, employment agency, public accommodation, public service, educational institution, or owner, lessor, lessee, sublessee, assignee or managing agent of any real property, or any real estate broker, real estate salesperson, or employee or agent thereof to intentionally engage in any reprisal against any person because that person:
(1) opposed a practice forbidden under this chapter or has filed a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this chapter; or
(2) associated with a person or group of persons who are disabled or who are of different race, color, creed, religion, gender identity, sexual orientation, or national origin.
A reprisal includes, but is not limited to, any form of intimidation, retaliation, or harassment. It is a reprisal for an employer to do any of the following with respect to an individual because that individual has engaged in the activities listed in clause (1) or (2): refuse to hire the individual; depart from any customary employment practice; transfer or assign the individual to a lesser position in terms of wages, hours, job classification, job security, or other employment status; or inform another employer that the individual has engaged in the activities listed in clause (1) or (2).
Sec. 27. Minnesota Statutes 2022, section 363A.16, subdivision 1, is amended to read:
Subdivision 1. Personal or commercial credit. It is an unfair discriminatory practice to discriminate in the extension of personal or commercial credit to a person, or in the requirements for obtaining credit, because of race, color, creed, religion, disability, national origin, sex, gender identity, sexual orientation, or marital status, or due to the receipt of federal, state, or local public assistance including medical assistance.
Sec. 28. Minnesota Statutes 2022, section 363A.17, is amended to read:
363A.17
BUSINESS DISCRIMINATION.
It is an unfair discriminatory practice for a person engaged in a trade or business or in the provision of a service:
(1) to refuse to do business with or provide a service to a woman based on her use of her current or former surname; or
(2) to impose, as a condition of doing business with or providing a service to a woman, that a woman use her current surname rather than a former surname; or
(3) to intentionally refuse to do business with, to refuse to contract with, or to discriminate in the basic terms, conditions, or performance of the contract because of a person's race, national origin, color, sex, gender identity, sexual orientation, or disability, unless the alleged refusal or discrimination is because of a legitimate business purpose.
Nothing in this section shall prohibit positive action plans.
Sec. 29. Minnesota Statutes 2022, section 363A.21, subdivision 1, is amended to read:
Subdivision 1. Housing. The provisions of section 363A.09 shall not apply to:
(1) rooms in a temporary or permanent
residence home run by a nonprofit organization, if the discrimination is by
sex; or
(2) the rental by a resident owner or
occupier of a one-family accommodation of a room or rooms in the accommodation
to another person or persons if the discrimination is by sex, gender
identity, marital status, status with regard to public assistance, sexual
orientation, or disability. Except as
provided elsewhere in this chapter or other state or federal law, no person or
group of persons selling, renting, or leasing property is required to modify
the property in any way, or exercise a higher degree of care for a person
having a disability than for a person who does not have a disability; nor shall
this chapter be construed to relieve any person or persons of any obligations
generally imposed on all persons regardless of any disability in a written lease,
rental agreement, or contract of purchase or sale, or to forbid distinctions
based on the inability to fulfill the terms and conditions, including financial
obligations of the lease, agreement, or contract; or.
(3) the rental by a resident owner of a
unit in a dwelling containing not more than two units, if the discrimination is
on the basis of sexual orientation.
Sec. 30. REPEALER.
Minnesota Statutes 2022, sections
363A.20, subdivision 3; and 363A.27, are repealed.
ARTICLE 4
DATA
Section 1. Minnesota Statutes 2022, section 13.072, subdivision 1, is amended to read:
Subdivision 1. Opinion; when required. (a) Upon request of a government entity, the commissioner may give a written opinion on any question relating to public access to government data, rights of subjects of data, or classification of data under this chapter or other Minnesota statutes governing government data practices. Upon request of any person who disagrees with a determination regarding data practices made by a government entity, the commissioner may give a written opinion regarding the person's rights as a subject of government data or right to have access to government data.
(b) Upon request of a body subject to chapter
13D, the commissioner may give a written opinion on any question relating to
the body's duties under chapter 13D. Upon
request of a person who disagrees with the manner in which members of a
governing body perform their duties under chapter 13D, the commissioner may
give a written opinion on compliance with chapter 13D. A governing body or person requesting an
opinion under this paragraph must pay the commissioner a fee of $200. Money received by the commissioner under this
paragraph is appropriated to the commissioner for the purposes of this section.
(c) If the commissioner
determines that no opinion will be issued, the commissioner shall give the
government entity or body subject to chapter 13D or person requesting the
opinion notice of the decision not to issue the opinion within five business
days of receipt of the request. Notice
must be in writing. For notice by mail,
the decision not to issue an opinion is effective when placed with the United
States Postal Service or with the central mail system of the state of Minnesota. If this notice is not given, the commissioner
shall issue an opinion within 20 50 days of receipt of the
request.
(d) For good cause and upon written
notice to the person requesting the opinion, the commissioner may extend this
deadline for one additional 30-day period.
The notice must state the reason for extending the deadline. The government entity or the members of a
body subject to chapter 13D must be provided a reasonable opportunity to
explain the reasons for its decision regarding the data or how they perform
their duties under chapter 13D. The
commissioner or the government entity or body subject to chapter 13D may choose
to give notice to the subject of the data concerning the dispute regarding the
data or compliance with chapter 13D.
(e) This section does not apply to a determination made by the commissioner of health under section 13.3805, subdivision 1, paragraph (b), or 144.6581.
(f) A written, numbered, and published opinion issued by the attorney general shall take precedence over an opinion issued by the commissioner under this section.
Sec. 2. [13.204]
POLITICAL SUBDIVISIONS LICENSING DATA.
(a) The following data submitted to a
political subdivision by a person seeking to obtain a license are classified as
private data on individuals or nonpublic data:
(1) a tax return, as defined by section
270B.01, subdivision 2; and
(2) a bank account statement.
(b) Notwithstanding section 138.17,
data collected by a political subdivision as part of a license application and
classified under paragraph (a) must be destroyed no later than 90 days after a
final decision on the license application.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Data which a political subdivision collected or created before the
effective date of this act, and which would otherwise be subject to the
destruction requirement, must be destroyed no later than 90 days following
final enactment.
Sec. 3. Minnesota Statutes 2022, section 13.32, subdivision 3, is amended to read:
Subd. 3. Private data; when disclosure is permitted. Except as provided in subdivision 5, educational data is private data on individuals and shall not be disclosed except as follows:
(a) pursuant to section 13.05;
(b) pursuant to a valid court order;
(c) pursuant to a statute specifically authorizing access to the private data;
(d) to disclose information in health, including mental health, and safety emergencies pursuant to the provisions of United States Code, title 20, section 1232g(b)(1)(I), and Code of Federal Regulations, title 34, section 99.36;
(e) pursuant to the provisions of United States Code, title 20, sections 1232g(b)(1), (b)(4)(A), (b)(4)(B), (b)(1)(B), (b)(3), (b)(6), (b)(7), and (i), and Code of Federal Regulations, title 34, sections 99.31, 99.32, 99.33, 99.34, 99.35, and 99.39;
(f) to appropriate health authorities to the extent necessary to administer immunization programs and for bona fide epidemiologic investigations which the commissioner of health determines are necessary to prevent disease or disability to individuals in the public educational agency or institution in which the investigation is being conducted;
(g) when disclosure is required for institutions that participate in a program under title IV of the Higher Education Act, United States Code, title 20, section 1092;
(h) to the appropriate school district officials to the extent necessary under subdivision 6, annually to indicate the extent and content of remedial instruction, including the results of assessment testing and academic performance at a postsecondary institution during the previous academic year by a student who graduated from a Minnesota school district within two years before receiving the remedial instruction;
(i) to appropriate authorities as provided in United States Code, title 20, section 1232g(b)(1)(E)(ii), if the data concern the juvenile justice system and the ability of the system to effectively serve, prior to adjudication, the student whose records are released; provided that the authorities to whom the data are released submit a written request for the data that certifies that the data will not be disclosed to any other person except as authorized by law without the written consent of the parent of the student and the request and a record of the release are maintained in the student's file;
(j) to volunteers who are determined to have a legitimate educational interest in the data and who are conducting activities and events sponsored by or endorsed by the educational agency or institution for students or former students;
(k) to provide student recruiting information, from educational data held by colleges and universities, as required by and subject to Code of Federal Regulations, title 32, section 216;
(l) to the juvenile justice system if information about the behavior of a student who poses a risk of harm is reasonably necessary to protect the health or safety of the student or other individuals;
(m) with respect to Social Security numbers of students in the adult basic education system, to Minnesota State Colleges and Universities and the Department of Employment and Economic Development for the purpose and in the manner described in section 124D.52, subdivision 7;
(n) to the commissioner of education for purposes of an assessment or investigation of a report of alleged maltreatment of a student as mandated by chapter 260E. Upon request by the commissioner of education, data that are relevant to a report of maltreatment and are from charter school and school district investigations of alleged maltreatment of a student must be disclosed to the commissioner, including, but not limited to, the following:
(1) information regarding the student alleged to have been maltreated;
(2) information regarding student and employee witnesses;
(3) information regarding the alleged perpetrator; and
(4) what corrective or protective action was taken, if any, by the school facility in response to a report of maltreatment by an employee or agent of the school or school district;
(o) when the disclosure is of the final results of a disciplinary proceeding on a charge of a crime of violence or nonforcible sex offense to the extent authorized under United States Code, title 20, section 1232g(b)(6)(A) and (B), and Code of Federal Regulations, title 34, sections 99.31(a)(13) and (14);
(p) when the disclosure is information
provided to the institution under United States Code, title 42, section 14071,
concerning registered sex offenders to the extent authorized under United
States Code, title 20, section 1232g(b)(7); or
(q) when the disclosure is to a parent of a
student at an institution of postsecondary education regarding the student's
violation of any federal, state, or local law or of any rule or policy of the
institution, governing the use or possession of alcohol or of a controlled
substance, to the extent authorized under United States Code, title 20, section
1232g(i), and Code of Federal Regulations, title 34, section 99.31(a)(15), and
provided the institution has an information release form signed by the student
authorizing disclosure to a parent. The
institution must notify parents and students about the purpose and availability
of the information release forms. At a
minimum, the institution must distribute the information release forms at
parent and student orientation meetings.;
(r) a student's name, home address,
telephone number, email address, or other personal contact information may be
disclosed to a public library for purposes of issuing a library card to the
student; or
(s) with Tribal Nations about Tribally
enrolled or descendant students to the extent necessary for the Tribal Nation
and school district or charter school to support the educational attainment of
the student.
Sec. 4. Minnesota Statutes 2022, section 13.32, subdivision 5, is amended to read:
Subd. 5. Directory
information. Information (a)
Educational data designated as directory information is public data on
individuals to the extent required under federal law. Directory information must be designated
pursuant to the provisions of:
(1) this subdivision; and
(2) United States Code, title 20,
section 1232g, and Code of Federal Regulations, title 34, section 99.37, which are
were in effect on January 3, 2012, is public data on individuals, to
the extent required under federal law.
(b) When conducting the directory
information designation and notice process required by federal law, an
educational agency or institution shall give parents and students notice of the
right to refuse to let the agency or institution designate any or all specified
data about the student as directory information. This notice may be given by any means
reasonably likely to inform the parents and students of the right.
(c) An educational agency or institution
may not designate a student's home address, telephone number, email address, or
other personal contact information as directory information under this
subdivision. This paragraph does not
apply to a postsecondary institution.
(d) When requested, educational agencies
or institutions must share personal student contact information and directory
information, whether public or private, with the Minnesota Department of
Education, as required for federal reporting purposes.
EFFECTIVE
DATE. This section is
effective the day following final enactment.
Beginning upon the effective date of this section, a student's personal
contact information subject to this section must be treated by an educational
agency or institution as private educational data under Minnesota Statutes,
section 13.32, regardless of whether that contact information was previously
designated as directory information under Minnesota Statutes, section 13.32,
subdivision 5.
Sec. 5. Minnesota Statutes 2022, section 13.643, subdivision 6, is amended to read:
Subd. 6. Animal premises data. (a) Except for farmed Cervidae premises location data collected and maintained under section 35.155, the following data collected and maintained by the Board of Animal Health related to registration and identification of premises and animals under chapter 35, are classified as private or nonpublic:
(1) the names and addresses;
(2) the location of the premises where animals are kept; and
(3) the identification number of the premises or the animal.
(b) Except as provided in section 347.58, subdivision 5, data collected and maintained by the Board of Animal Health under sections 347.57 to 347.64 are classified as private or nonpublic.
(c) The Board of Animal Health may disclose data collected under paragraph (a) or (b) to any person, agency, or to the public if the board determines that the access will aid in the law enforcement process or the protection of public or animal health or safety.
ARTICLE 5
NOTARIES PUBLIC
Section 1. Minnesota Statutes 2022, section 357.17, is amended to read:
357.17
NOTARIES PUBLIC.
(a) The maximum fees to be charged and collected by a notary public shall be as follows:
(1) for protest of nonpayment of note or bill of exchange or of nonacceptance of such bill; where protest is legally necessary, and copy thereof, $5;
(2) for every other protest and copy, $5;
(3) for making and serving every notice of nonpayment of note or nonacceptance of bill and copy thereof, $5;
(4) for any affidavit or paper for which provision is not made herein, $5 per folio, and $1 per folio for copies;
(5) for each oath administered, $5;
(6) for acknowledgments of deeds and for other services authorized by law, the legal fees allowed other officers for like services;
(7) for recording each instrument required by law to be recorded by the notary, $5 per folio.
(b) A notary public may charge a fee for
performing a marriage in excess of the fees in paragraph (a) if the notary is a
member, director, or partner of an entity organized under the laws of this
state.
Sec. 2. Minnesota Statutes 2022, section 359.04, is amended to read:
359.04
POWERS.
Every notary public so appointed, commissioned, and qualified shall have power throughout this state to administer all oaths required or authorized to be administered in this state; to take and certify all depositions to be used in any of the courts of this state; to take and certify all acknowledgments of deeds, mortgages, liens, powers of
attorney, and other instruments in writing or electronic records; to receive, make out, and record notarial protests; to perform civil marriages consistent with this chapter and chapter 517; and to perform online remote notarial acts in compliance with the requirements of sections 358.645 and 358.646.
Sec. 3. [359.115]
CIVIL MARRIAGE OFFICIANT.
(a) A notary public shall have the power
to solemnize civil marriages throughout the state if the notary public has
filed a copy of the notary public's notary credentials with the local registrar
of a county in this state. When a local
registrar records notary credentials for a notary public, the local registrar
shall provide a certificate of filing to the notary whose credentials are
recorded. A notary public shall endorse
and record the county where the notary public's credentials are recorded upon
each certificate of civil marriage granted by the notary.
(b) A past or current Minnesota elected
official, who was elected to a local government office or to a state or federal
government office, shall have the power to solemnize a civil marriage
throughout the state if the elected official has filed a copy of the elected
official's certificate of election with the local registrar of a county in this
state. When a local registrar records an
elected official's credentials, the local registrar shall provide a certificate
of filing that the elected official's credentials are recorded, and the elected
official shall endorse and record the county where the elected official's
credentials are recorded upon each certificate of civil marriage granted by the
elected official.
Sec. 4. Minnesota Statutes 2022, section 517.04, is amended to read:
517.04
PERSONS AUTHORIZED TO PERFORM CIVIL MARRIAGES.
Civil marriages may be solemnized throughout the state by an individual who has attained the age of 21 years and is a judge of a court of record, a retired judge of a court of record, a court administrator, a retired court administrator with the approval of the chief judge of the judicial district, a former court commissioner who is employed by the court system or is acting pursuant to an order of the chief judge of the commissioner's judicial district, a notary authorized by the Office of the Secretary of State, a past or current Minnesota elected official authorized by section 359.115, the residential school superintendent of the Minnesota State Academy for the Deaf and the Minnesota State Academy for the Blind, a licensed or ordained minister of any religious denomination, or by any mode recognized in section 517.18. For purposes of this section, a court of record includes the Office of Administrative Hearings under section 14.48.
ARTICLE 6
HEALTH CARE MEDIATION
Section 1.
[145.685] COMMUNICATION AND
RESOLUTION AFTER A HEALTH CARE ADVERSE INCIDENT.
Subdivision 1. Definitions. (a) For purposes of this section, the following terms have the meanings given.
(b) "Health care adverse incident" means an objective and definable outcome arising from or related to patient care that results in the death or physical injury of a patient.
(c) "Health care provider" means a person who is licensed, certified, or registered, or otherwise permitted by state law, to administer health care in the ordinary course of business or in the practice of a profession and practices at a health facility.
(d) "Health facility" means a hospital or outpatient surgical center licensed under sections 144.50 to 144.56; a medical, dental, or health care clinic; a diagnostic laboratory; or a birthing center licensed under section 144.615. The definition of health facility includes any corporation, professional corporation, partnership, limited liability company, limited liability partnership, or other entity comprised of health facilities or health care providers.
(e) "Open discussion" means all communications that are made during an open discussion process under this section and includes memoranda, work product, documents, and other materials that are prepared for or submitted in the course of or in connection with communications made under this section. Open discussion does not include any communication, memoranda, work product, or other materials that would otherwise be subject to discovery and were not prepared specifically for use in an open discussion pursuant to this section.
(f) "Patient" means a person
who receives health care from a health care provider. If the patient is under 18 years of age
and is not an emancipated minor, the definition of patient includes the
patient's legal guardian or parent. If
the patient is deceased or incapacitated, the definition of patient includes
the patient's legal representative.
Subd. 2. Engaging
in an open discussion. (a) If
a health care adverse incident occurs, a health care provider involved in the
health care adverse incident, the health facility involved in the health care
adverse incident, or both jointly may provide the patient with written notice
of their desire to enter into an open discussion with the patient to discuss
potential outcomes following a health care adverse incident in accordance with
this section. A health facility may
designate a person or class of persons who has the authority to provide the
notice on behalf of the health facility.
The patient involved in the health care adverse incident may provide
oral notice to the health care provider, the health facility involved in the
health care adverse incident, or both, of the patient's desire to enter into an
open discussion with either the health care provider, or the health care
provider and health facility jointly, to discuss potential outcomes following a
health care adverse incident in accordance with this section.
(b) If a health care provider or health
facility decides to enter into an open discussion as specified in this section,
the written notice must be sent to the patient within 365 days from the date
the health care provider or the health facility knew, or through the use of
diligence should have known, of the health care adverse incident. The notice must include:
(1) the health care provider, health
facility, or both jointly desire to pursue an open discussion in accordance
with this section;
(2) the patient's right to receive a copy of the medical records related to the health care adverse incident and the patient's right to authorize the release of the patient's medical records related to the health care adverse incident to a third party;
(3) the patient's right to seek legal
counsel and to have legal counsel present throughout the open discussion
process;
(4) a copy of section 541.076 with
notice that the time for a patient to bring a lawsuit is limited under section
541.076 and will not be extended by engaging in an open discussion under this
section unless all parties agree in writing to an extension;
(5) that if the patient chooses to
engage in an open discussion with the health care provider, health facility, or
jointly with both, all communications made during the course of the open
discussion process, including communications regarding the initiation of an
open discussion are:
(i) privileged and confidential;
(ii) not subject to discovery, subpoena, or other means of legal compulsion for release; and
(iii) not admissible as evidence in a proceeding arising directly out of the health care adverse incident, including a judicial, administrative, or arbitration proceeding; and
(6) that any communications,
memoranda, work product, documents, or other material that are otherwise
subject to discovery and not prepared specifically for use in an open
discussion under this section are not confidential.
(c) If the patient agrees to engage in
an open discussion with a health care provider, health facility, or jointly
with both, the agreement must be in writing and must state that the patient has
received the notice described in paragraph (b).
(d) Upon agreement to engage in an open
discussion, the patient, health care provider, or health facility may include
other persons in the open discussion process.
All other persons included in the open discussion must be advised of the
parameters of communications made during the open discussion process specified
under paragraph (b), clauses (5) and (6).
(e) If a health care provider or health
facility decides to engage in an open discussion, the health care provider or
health facility may:
(1) investigate how the health care adverse incident occurred, including gathering information regarding the medical care or treatment and disclose the results of the investigation to the patient;
(2) openly communicate to the patient
the steps the health care provider or health facility will take to prevent
future occurrences of the health care adverse incident; and
(3) determine that no offer of
compensation for the health care adverse incident is warranted or that an offer
of compensation for the health care adverse incident is warranted.
(f) If a health care provider or health facility determines that no offer of compensation is warranted, the health care provider or health facility shall orally communicate that decision to the patient.
(g) If a health care provider or a health facility determines that an offer of compensation is warranted, the health care provider or health facility shall provide the patient with a written offer of compensation. If an offer of compensation is made under this paragraph, and the patient is not represented by legal counsel, the health care provider or health facility shall:
(1) advise the patient of the patient's right to seek legal counsel regarding the offer of compensation and encourage the patient to seek legal counsel; and
(2) provide notice to the patient that the patient may be legally required to repay medical and other expenses that were paid by a third party on the patient's behalf, including private health insurance, Medicaid, or Medicare, along with an itemized statement from the health provider showing all charges and third-party payments.
(h) Except for an offer of compensation
made under paragraph (g), open discussions between the health care provider or
health facility and the patient about compensation shall not be in writing.
Subd. 3. Confidentiality of open discussions and offers of compensation. (a) Open discussion communications made under this section, including offers of compensation made under subdivision 2:
(1) do not constitute an admission of liability;
(2) are privileged and confidential and shall not be disclosed;
(3) are not admissible as evidence in any subsequent judicial, administrative, or arbitration proceeding arising directly out of the health care adverse incident, except as provided in paragraph (b);
(4) are not subject to discovery, subpoena, or other means of legal compulsion for release; and
(5) shall not be disclosed by any party in any subsequent judicial, administrative, or arbitration proceeding arising directly out of the health care adverse incident.
(b) A party may move the court or other
decision maker in a subsequent proceeding to adjudicate the matter to admit as
evidence a communication made during an open discussion that contradicts a
statement made during the proceeding. The
court or other decision maker shall allow a communication made during an open
discussion that contradicts a statement made at a subsequent proceeding to
adjudicate the matter into evidence only if the communication made during an
open discussion is material to the claims presented in the subsequent
proceeding.
(c) Communications, memoranda, work product, documents, and other materials that are otherwise subject to discovery and that were not prepared specifically for use in an open discussion under this section are not confidential.
(d) The limitation on disclosure imposed by this subdivision includes disclosure during any discovery conducted as part of a subsequent adjudicatory proceeding, and a court or other adjudicatory body shall not compel any person who engages in an open discussion under this section to disclose confidential communications or agreements made under this section.
(e) This subdivision does not affect
any other law, rule, or requirement with respect to confidentiality.
Subd. 4. Payment
and resolution. (a) If a
patient accepts an offer of compensation made pursuant to this section, and
payment of compensation is made to a patient as a result, the payment to the
patient is not payment resulting from:
(1) a written claim or demand for
payment;
(2) a final judgment, settlement, or
arbitration award against a health care institution for medical malpractice
purposes; or
(3) a malpractice claim settled or in which judgment is rendered against a health care professional for purposes of reporting by malpractice insurance companies under sections 146A.03, 147.111, 147A.14, 148.102, 148.263, 148B.381, 148F.205, 150A.13, and 153.24.
(b) A health care provider or health
facility may require, as a condition of an offer of compensation made pursuant
to this section, a patient to execute all documents and obtain any necessary
court approval to resolve a health care adverse incident. The parties shall negotiate the form of the
documents to be executed and obtain court approval as necessary.
Subd. 5. Sunset. This section sunsets on June 30, 2031.
Subd. 6. Applicability. This section applies only to health care adverse incidents that occur on or after August 1, 2023."
Delete the title and insert:
"A bill for an act relating to civil law; amending certain policy provisions related to forfeiture, name change, property, survival of cause of action after death, mediation for debtors owning agricultural property, State Board of Public Defense, construction contracts, civil rights, gender identity, data, notaries public, and health care incident open discussion; amending Minnesota Statutes 2022, sections 13.072, subdivision 1; 13.32, subdivisions 3, 5;
13.643, subdivision 6; 15.71, by adding subdivisions; 15.72, by adding a subdivision; 82B.195, subdivision 3; 169A.63, subdivision 8; 245I.12, subdivision 1; 259.11; 259.13, subdivisions 1, 5; 325F.992, subdivision 3; 336.9‑601; 337.01, subdivision 3; 337.05, subdivision 1; 357.17; 359.04; 363A.02, subdivision 1; 363A.03, subdivisions 23, 44, by adding a subdivision; 363A.04; 363A.06, subdivision 1; 363A.07, subdivision 2; 363A.08, subdivisions 1, 2, 3, 4, by adding a subdivision; 363A.09, subdivisions 1, 2, 3, 4; 363A.11, subdivisions 1, 2; 363A.12, subdivision 1; 363A.13, subdivisions 1, 2, 3, 4; 363A.15; 363A.16, subdivision 1; 363A.17; 363A.21, subdivision 1; 504B.301; 508.52; 517.04; 517.08, subdivisions 1a, 1b; 518.191, subdivisions 1, 3; 550.365, subdivision 2; 559.209, subdivision 2; 573.01; 573.02, subdivisions 1, 2; 582.039, subdivision 2; 583.25; 583.26, subdivision 2; 600.23; 609.5314, subdivision 3; 611.215, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 13; 145; 259; 359; repealing Minnesota Statutes 2022, sections 346.02; 363A.20, subdivision 3; 363A.27; 504B.305; 582.14."
With the recommendation that when so amended the bill be placed on the General Register.
The
report was adopted.
Pursuant to Joint Rule 2.03 and in
accordance with Senate Concurrent Resolution No. 3, H. F. No. 447
was re‑referred to the Committee on Rules and Legislative Administration.
Becker-Finn from the Committee on Judiciary Finance and Civil Law to which was referred:
H. F. No. 1580, A bill for an act relating to judiciary; providing onetime market adjustment to district court law clerks' starting salary to align with competitive corridor; appropriating money.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"ARTICLE 1
JUDICIARY 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 "2024" and
"2025" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2024, or June 30, 2025,
respectively. "The first year"
is fiscal year 2024. "The second
year" is fiscal year 2025. "The
biennium" is fiscal years 2024 and 2025.
|
|
|
APPROPRIATIONS |
|
|
|
|
Available for the Year |
|
|
|
|
Ending June 30 |
|
|
|
|
2024 |
2025 |
Sec. 2. SUPREME
COURT |
|
|
|
|
Subdivision
1. Total Appropriation |
|
$73,666,000 |
|
$91,516,000 |
The amounts that may be spent for each
purpose are specified in the following subdivisions.
Subd. 2. Supreme Court Operations |
|
44,943,000
|
|
46,703,000
|
(a) Contingent Account
$5,000 each year is for a contingent
account for expenses necessary for the normal operation of the court for which
no other reimbursement is provided.
(b) Justices' Compensation
Justices' compensation is increased by
four percent in the first year and four percent in the second year.
Subd. 3. Civil
Legal Services |
|
28,723,000
|
|
44,813,000
|
The general fund base is $44,960,000 in
fiscal year 2026 and $45,714,000 in fiscal year 2027.
Legal
Services to Low-Income Clients in Family Law Matters
$1,017,000 each year is to improve the
access of low-income clients to legal representation in family law matters. This appropriation must be distributed under
Minnesota Statutes, section 480.242, to the qualified legal services program
described in Minnesota Statutes, section 480.242, subdivision 2, paragraph (a). Any unencumbered balance remaining in the
first year does not cancel and is available in the second year.
Sec. 3. COURT
OF APPEALS |
|
$14,205,000 |
|
$14,762,000 |
(a) Judges' Compensation
Judges' compensation is increased by four
percent in the first year and four percent in the second year.
(b) Law Clerk Salaries
$134,300 each year is to increase the
compensation of court of appeals law clerks to a salary of $69,384 per year. Notwithstanding Minnesota Statutes, section
16A.285, the court of appeals must not transfer this money between programs.
Sec. 4. DISTRICT
COURTS |
|
$371,931,000 |
|
$370,311,000 |
(a) Judges' Compensation
Judges' compensation is increased by four
percent in the first year and four percent in the second year.
(b) Law Clerk Salaries
$4,413,000 each year is to increase the compensation
of district court law clerks to a salary of $69,384 per year. Notwithstanding Minnesota Statutes, section
16A.285, the district court must not transfer this money between programs.
(c) Juror Reimbursement
$2,625,000 each year is to increase the
rate of compensation for jurors to $50 for each day of required attendance at
sessions of court.
Sec. 5. GUARDIAN
AD LITEM BOARD |
|
$24,358,000 |
|
$25,620,000 |
Sec. 6. TAX
COURT |
|
$2,173,000 |
|
$2,308,000 |
Law
Clerk Salaries
$40,000 each year is to increase the
compensation of Tax Court law clerks to a salary of $69,384 per year. Notwithstanding Minnesota Statutes, section
16A.285, the Tax Court must not transfer this money between programs.
Sec. 7. UNIFORM
LAWS COMMISSION |
|
$115,000 |
|
$115,000 |
Sec. 8. BOARD
ON JUDICIAL STANDARDS |
|
$655,000 |
|
$645,000 |
(a) Availability of Appropriation
If the appropriation for either year is
insufficient, the appropriation for the other fiscal year is available.
(b) Major Disciplinary Actions
$125,000 each year is for special
investigative and hearing costs for major disciplinary actions undertaken by
the board. This appropriation does not
cancel. Any unencumbered and unspent balances remain available for these expenditures
until June 30, 2027.
Sec. 9. BOARD
OF PUBLIC DEFENSE |
|
$154,134,000 |
|
$164,360,000 |
Sec. 10. HUMAN
RIGHTS |
|
$8,431,000 |
|
$8,823,000 |
The general fund base is $9,303,000 in
fiscal year 2026 and $9,303,000 in fiscal year 2027.
Mediator
Payments
$20,000 each year is to fund payments to
mediators. This appropriation is onetime
and is available until June 30, 2027.
Sec. 11. OFFICE OF APPELLATE COUNSEL AND
TRAINING |
$659,000 |
|
$1,560,000 |
Establishment
and Operations
$659,000 the first year and $1,560,000 the
second year are for establishment and operation of the Statewide Office of
Appellate Counsel and Training as described in Minnesota Statutes, section
260C.419, and to provide support for the State Board of Appellate Counsel and
Training.
Sec. 12. DEPARTMENT
OF HUMAN SERVICES |
|
$1,500,000 |
|
$-0- |
Child
Advocacy Center
$1,500,000 the first year is for a grant
to First Witness Child Advocacy Center for the acquisition and improvement of
properties located at 1402, 1406, and 1412 East 2nd Street in the city of
Duluth. This appropriation includes
money for demolition of the building located at 1412 East 2nd Street and
construction of a parking lot, and for renovation, furnishing, and equipping of
the buildings located at 1402 and 1406 East 2nd Street as a training center and
a child advocacy center.
ARTICLE 2
JUDICIARY POLICY WITH FISCAL COST
Section 1.
[260C.419] STATEWIDE OFFICE OF
APPELLATE COUNSEL AND TRAINING.
Subdivision 1. Definitions. (a) As used in this section, the
following terms have the meanings given.
(b) "Board" means the State
Board of Appellate Counsel and Training.
(c) "Juvenile protection
matter" means any of the following:
(1) child in need of protection or
services matters as defined in section 260C.007, subdivision 6, including
habitual truant and runaway matters;
(2) neglected and in foster care
matters as defined in section 260C.007, subdivision 24;
(3) review of voluntary foster care
matters as defined in section 260C.141, subdivision 2;
(4) review of out-of-home placement
matters as defined in section 260C.212;
(5) termination of parental rights
matters as defined in sections 260C.301 to 260C.328; and
(6) permanent placement matters as
defined in sections 260C.503 to 260C.521, including matters involving
termination of parental rights, guardianship to the commissioner of human
services, transfer of permanent legal and physical custody to a relative, permanent
custody to the agency, temporary legal custody to the agency, and matters
involving voluntary placement pursuant to section 260D.07.
(d) "Office" means
the Statewide Office of Appellate Counsel and Training.
Subd. 2. Statewide
Office of Appellate Counsel and Training; establishment. (a) The Statewide Office of Appellate
Counsel and Training is established as an independent state office. The office shall be responsible for:
(1) establishing and maintaining a
system for providing appellate representation to parents in juvenile protection
matters, as provided in section 260C.163, subdivision 3, paragraph (c), and in
Tribal court jurisdictions;
(2) providing training to all parent
attorneys practicing in the state on topics relevant to their practice and
establishing practice standards and training requirements for parent attorneys
practicing in the state; and
(3) collaborating with the Minnesota
Department of Human Services to coordinate and secure federal Title IV-E
support for counties and Tribes interested in accessing federal funding.
(b) The office shall be governed by a
board as provided in subdivision 3.
Subd. 3. State
Board of Appellate Counsel and Training; structure; membership. (a) The State Board of Appellate
Counsel and Training is established to direct the Statewide Office of Appellate
Counsel and Training. The board shall
consist of seven members, including:
(1) four public members appointed by
the governor; and
(2) three members appointed by the
supreme court, at least one of whom must have experience representing parents
in juvenile court and who include two attorneys admitted to practice law in the
state and one public member.
(b) The appointing authorities may not
appoint any of the following to be a member of the board:
(1) a person who is a judge;
(2) a person who is a registered
lobbyist;
(3) a person serving as a guardian ad
litem or counsel for a guardian ad litem;
(4) a person who serves as counsel for
children in juvenile court;
(5) a person under contract with or
employed by the Department of Human Services or a county department of human or
social services; or
(6) a current city or county attorney
or assistant city or county attorney.
(c) All members shall demonstrate an
interest in maintaining a high quality, independent appellate defense system
for parents in juvenile protection proceedings who are unable to obtain
adequate representation, a robust program for parent attorneys in Minnesota,
and an efficient coordination effort, in collaboration with the Department of
Human Services, to secure and utilize Title IV-E funding. At least one member of the board appointed by
the governor must be a representative from a federally recognized Indian Tribe. No more than five members of the board may
belong to the same political party. At
least three members of the board shall be from judicial districts other than
the First, Second, Fourth, and Tenth Judicial Districts. To the extent practicable, the membership of
the board must include persons with disabilities, reflect the ethnic diversity
of the state, take into consideration race and gender, and include persons from
throughout the state. The members shall
be well acquainted with representing parents in district court and appellate
proceedings related to child protection matters as well as the law that affect
a parent attorney's work, including chapter 260C, the Rules of Juvenile
Protection Procedure, the Rules of Civil
Appellate Procedure, the Indian
Child Welfare Act, and the Minnesota Indian Family Preservation Act. The terms, compensation, and removal of
members shall be as provided in section 15.0575. The members shall elect a chair from among
the membership and the chair shall serve a term of two years.
Subd. 4. Head
appellate counsel for parents; assistant and contracted attorneys; other
employees. (a) Beginning
January 1, 2024, and for every four years after that date, the board shall
appoint a head appellate counsel in charge of executing the responsibilities of
the office who shall provide for sufficient appellate counsel for parents and
other personnel necessary to discharge the functions of the office. The head appellate counsel shall serve a four‑year
term and may be removed only for cause upon the order of the board. The head appellate counsel shall be a
full-time qualified attorney, licensed to practice law in this state, and serve
in the unclassified service of the state.
Vacancies of the office shall be filled by the appointing authority for
the unexpired term. The head appellate
counsel shall devote full time to the performance of duties and shall not
engage in the general practice of law. The
compensation of the head appellate counsel shall be set by the board and shall
be commensurate with county attorneys in the state.
(b) Consistent with the decisions of
the board, the head appellate counsel shall employ assistants or hire
independent contractors to serve as appellate counsel for parents. Each assistant appellate counsel and
independent contractor serves at the pleasure of the head appellate counsel. The compensation of assistant appellate
counsel and independent contractors shall be set by the board and shall be
commensurate with county attorneys in the state.
(c) A person serving as appellate
counsel shall be a qualified attorney licensed to practice law in this state. A person serving as appellate counsel
practicing in Tribal court shall be a licensed attorney qualified to practice
law in Tribal courts in the state. Assistant
appellate counsel and contracted appellate counsel may engage in the general
practice of law where not employed or contracted to provide services on a
full-time basis.
(d) The head appellate counsel shall,
consistent with the responsibilities under subdivision 2, employ or hire the
following:
(1) one managing appellate attorney;
(2) two staff attorneys;
(3) one director of training;
(4) one program administrator to
support Title IV-E reimbursement in collaboration with the Department of Human
Services; and
(5) one office administrator.
(e) Each employee identified in
paragraph (d) serves at the pleasure of the head appellate counsel. The compensation
of each employee shall be set by the board and shall be commensurate with
county attorneys in the state.
(f) Any person serving as managing
appellate attorney, staff attorney, and director of training shall be a
qualified attorney licensed to practice law in the state.
(g) A person serving as the program
administrator and office administrator must be chosen solely on the basis of
training, experience, and qualifications.
Subd. 5. Duties
and responsibilities. (a) The
board shall work cooperatively with the head appellate counsel to govern the
office and provide fiscal oversight.
(b) The board shall approve and
recommend to the legislature a budget for the board, the office, and any
programs operated by that office.
(c) The board shall establish procedures
for distribution of funding under this section to the office and any programs
operated by that office.
(d) The head appellate counsel with the
approval of the board shall establish appellate program standards,
administrative policies, procedures, and rules consistent with statute, rules
of court, and laws that affect appellate counsel’s work. The standards must include but are not
limited to:
(1) standards needed to maintain and
operate an appellate counsel for parents program, including requirements
regarding the qualifications, training, and size of the legal and supporting
staff for an appellate counsel program;
(2) standards for appellate counsel
caseloads;
(3) standards and procedures for the
eligibility of appointment, assessment, and collection of the costs for legal
representation provided by appellate counsel;
(4) standards for contracts between
contracted appellate counsel and the state appellate counsel program for the
legal representation of indigent persons;
(5) standards prescribing minimum
qualifications of counsel appointed under the board’s authority or by the
courts; and
(6) standards ensuring the independent,
competent, and efficient representation of clients whose cases present
conflicts of interest.
(e) The head appellate counsel, with
approval of the board, shall establish training program standards and processes
and procedures necessary to carry out the office’s responsibilities for
statewide training of parent attorneys, including but not limited to
establishing uniform practice standards and training requirements for all
parent attorneys practicing in the state.
(f) The head appellate counsel and the
program administrator with approval of the board shall establish processes and
procedures for collaborating with the Department of Human Services to secure
and utilize Title IV-E funds and communicating with counties and Tribes and any
other processes and procedures necessary to carry out the office’s
responsibilities.
(g) The board may:
(1) propose statutory changes to the
legislature and rule changes to the supreme court that are in the best
interests of the operation of the appellate counsel for parents program; and
(2) require the reporting of statistical
data, budget information, and other cost factors by the appellate counsel for
parents program.
Subd. 6. Limitation. In no event shall the board or its
members interfere with the discretion, judgment, or zealous advocacy of counsel
in their handling of individual cases as a part of the judicial branch of
government.
Subd. 7. Budget;
county and Tribe use. The
establishment of the office and its employees and support staff and the board
shall be funded by the state of Minnesota.
Minnesota counties and Tribes may utilize this office to provide
appellate representation to indigent parents in their jurisdiction who are
seeking an appeal and for assistance in securing Title IV-E funding through
collaboration with the Department of Human Services.
Subd. 8. Collection
of costs; appropriation. If
any of the costs provided by appellate counsel are assessed and collected or
otherwise reimbursed from any source, the State Board of Appellate Counsel and
Training shall deposit payments in a separate account established in the
special revenue fund. The amount
credited to this account is appropriated to the State Board of Appellate
Counsel and Training. The balance of
this account does not cancel but is available until expended.
Sec. 2. Minnesota Statutes 2022, section 357.021, subdivision 2, is amended to read:
Subd. 2. Fee amounts. The fees to be charged and collected by the court administrator shall be as follows:
(1) In every civil action or proceeding in said court, including any case arising under the tax laws of the state that could be transferred or appealed to the Tax Court, the plaintiff, petitioner, or other moving party shall pay, when the first paper is filed for that party in said action, a fee of $285, except in marriage dissolution actions the fee is $315.
The defendant or other adverse or intervening party, or any one or more of several defendants or other adverse or intervening parties appearing separately from the others, shall pay, when the first paper is filed for that party in said action, a fee of $285, except in marriage dissolution actions the fee is $315. This subdivision does not apply to the filing of an Application for Discharge of Judgment. Section 548.181 applies to an Application for Discharge of Judgment.
The party requesting a trial by jury shall pay $100.
The fees above stated shall be the full trial fee chargeable to said parties irrespective of whether trial be to the court alone, to the court and jury, or disposed of without trial, and shall include the entry of judgment in the action, but does not include copies or certified copies of any papers so filed or proceedings under chapter 103E, except the provisions therein as to appeals.
(2) Certified copy of any instrument from a
civil or criminal proceeding, $14, and $8 for an uncertified copy.
(3) Issuing a subpoena, $16 for each name.
(4) Filing a motion or response to a motion in civil, family, excluding child support, and guardianship cases, $75.
(5) Issuing an execution and filing the return thereof; issuing a writ of attachment, injunction, habeas corpus, mandamus, quo warranto, certiorari, or other writs not specifically mentioned, $55.
(6) Issuing a transcript of judgment, or for filing and docketing a transcript of judgment from another court, $40.
(7) Filing and entering a satisfaction of judgment, partial satisfaction, or assignment of judgment, $5.
(8) Certificate as to existence or nonexistence of judgments docketed, $5 for each name certified to.
(9) Filing and indexing trade name; or recording basic science certificate; or recording certificate of physicians, osteopathic physicians, chiropractors, veterinarians, or optometrists, $5.
(10) For the filing of each partial, final, or annual account in all trusteeships, $55.
(11) For the deposit of a will, $27.
(12) For recording notary commission, $20.
(13) Filing a motion or response to a motion for modification of child support, a fee of $50.
(14) All other services required by law for which no fee is provided, such fee as compares favorably with those herein provided, or such as may be fixed by rule or order of the court.
(15) In addition to any other filing fees under this chapter, a surcharge in the amount of $75 must be assessed in accordance with section 259.52, subdivision 14, for each adoption petition filed in district court to fund the fathers’ adoption registry under section 259.52.
The fees in clauses (3) and (5) need not be
paid by a public authority or the party the public authority represents. No fee may be charged for an uncertified
copy of an instrument from a civil or criminal proceeding.
Sec. 3. Minnesota Statutes 2022, section 363A.06, subdivision 1, is amended to read:
Subdivision 1. Formulation of policies. (a) The commissioner shall formulate policies to effectuate the purposes of this chapter and shall do the following:
(1) exercise leadership under the direction of the governor in the development of human rights policies and programs, and make recommendations to the governor and the legislature for their consideration and implementation;
(2) establish and maintain a principal office in St. Paul, and any other necessary branch offices at any location within the state;
(3) meet and function at any place within the state;
(4) employ attorneys, clerks, and other employees and agents as the commissioner may deem necessary and prescribe their duties;
(5) to the extent permitted by federal law and regulation, utilize the records of the Department of Employment and Economic Development of the state when necessary to effectuate the purposes of this chapter;
(6) obtain upon request and utilize the services of all state governmental departments and agencies;
(7) adopt suitable rules for effectuating the purposes of this chapter;
(8) issue complaints, receive and investigate charges alleging unfair discriminatory practices, and determine whether or not probable cause exists for hearing;
(9) subpoena witnesses, administer oaths, take testimony, and require the production for examination of any books or papers relative to any matter under investigation or in question as the commissioner deems appropriate to carry out the purposes of this chapter;
(10) attempt, by means of education, conference, conciliation, and persuasion to eliminate unfair discriminatory practices as being contrary to the public policy of the state;
(11) develop and conduct programs of formal and informal education designed to eliminate discrimination and intergroup conflict by use of educational techniques and programs the commissioner deems necessary;
(12) make a written report of the activities of the commissioner to the governor each year;
(13) accept gifts, bequests, grants, or other payments public and private to help finance the activities of the department;
(14) create such local and statewide advisory committees as will in the commissioner’s judgment aid in effectuating the purposes of the Department of Human Rights;
(15) develop such programs as will aid in determining the compliance throughout the state with the provisions of this chapter, and in the furtherance of such duties, conduct research and study discriminatory practices based upon race, color, creed, religion, national origin, sex, age, disability, marital status, status with regard to public assistance, familial status, sexual orientation, or other factors and develop accurate data on the nature and extent of discrimination and other matters as they may affect housing, employment, public accommodations, schools, and other areas of public life;
(16) develop and disseminate technical assistance to persons subject to the provisions of this chapter, and to agencies and officers of governmental and private agencies;
(17) provide staff services to such advisory committees as may be created in aid of the functions of the Department of Human Rights;
(18) make grants in aid to the extent that
appropriations are made available for that purpose in aid of carrying out
duties and responsibilities; and
(19) cooperate and consult with the commissioner
of labor and industry regarding the investigation of violations of, and
resolution of complaints regarding section 363A.08, subdivision 7.;
and
(20) solicit, receive, and compile
information from community organizations, school districts and charter schools,
and individuals regarding incidents committed in whole or in substantial part
because of the victim’s or another’s actual or perceived race, color,
ethnicity, religion, sex, gender, sexual orientation, gender identity, gender
expression, age, national origin, or disability as defined in section 363A.03,
or because of the victim’s actual or perceived association with another person
or group of a certain actual or perceived race, color, ethnicity, religion,
sex, gender, sexual orientation, gender identity, gender expression, age,
national origin, or disability as defined in section 363A.03, and compile data
in the aggregate on the nature and extent of the incidents and include summary
data as defined by section 13.02, subdivision 19, on this information in the
report required under clause (12), disaggregated by the type of incident and
the actual or perceived characteristic for which the person was targeted. The commissioner shall provide information on
the department’s website about when and how a victim can report criminal
conduct to a law enforcement agency. Data
collected and maintained under this clause are private data on individuals as
defined in section 13.02, subdivision 12.
In performing these duties, the commissioner shall give priority to those duties in clauses (8), (9), and (10) and to the duties in section 363A.36.
(b) All gifts, bequests, grants, or other payments, public and private, accepted under paragraph (a), clause (13), must be deposited in the state treasury and credited to a special account. Money in the account is appropriated to the commissioner of human rights to help finance activities of the department.
Sec. 4. Minnesota Statutes 2022, section 484.85, is amended to read:
484.85
DISPOSITION OF FINES, FEES, AND OTHER MONEY; ACCOUNTS; RAMSEY COUNTY DISTRICT
COURT.
(a) In all cases prosecuted in Ramsey County District Court by an attorney for a municipality or subdivision of government within Ramsey County for violation of a statute; an ordinance; or a charter provision, rule, or regulation of a city; all fines, penalties, and forfeitures collected by the court administrator shall be deposited in the state
treasury and distributed according to this paragraph. Except where a different disposition is provided by section 299D.03, subdivision 5, or other law, on or before the last day of each month, the court shall pay over all fines, penalties, and forfeitures collected by the court administrator during the previous month as follows:
(1) for offenses committed within the
city of St. Paul, two-thirds paid to the treasurer of the city of
St. Paul municipality or subdivision of government within Ramsey
County and one-third credited to the state general fund; and.
(2) for offenses committed within any
other municipality or subdivision of government within Ramsey County, one-half
paid to the treasurer of the municipality or subdivision of government and
one-half credited to the state general fund.
All other fines, penalties, and forfeitures collected by the district court shall be distributed by the courts as provided by law.
(b) Fines, penalties, and forfeitures shall be distributed as provided in paragraph (a) when:
(1) a city contracts with the county attorney for prosecutorial services under section 484.87, subdivision 3; or
(2) the attorney general provides assistance to the city attorney under section 484.87, subdivision 5.
Sec. 5. APPELLATE
COUNSEL FOR PARENTS; SUPPORT FOR ESTABLISHMENT.
The Management Analysis and Development Division of Management and Budget shall provide technical support for the establishment of the Statewide Office of Appellate Counsel and Training and the State Board of Appellate Counsel and Training established under Minnesota Statutes, section 260C.419."
Delete the title and insert:
"A bill for an act relating to judiciary; amending law related to a state board and office of appellate counsel and training, court fees, and human rights; appropriating money for the judiciary, Guardian ad Litem Board, Uniform Laws Commission, Board on Judicial Standards, Board of Public Defense, and child advocacy center; amending Minnesota Statutes 2022, sections 357.021, subdivision 2; 363A.06, subdivision 1; 484.85; proposing coding for new law in Minnesota Statutes, chapter 260C."
With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.
The
report was adopted.
Pelowski from the Committee on Higher Education Finance and Policy to which was referred:
H. F. No. 2073, A bill for an act relating to higher education; providing funding and policy related changes for the Office of Higher Education, Minnesota State Colleges and Universities, the University of Minnesota, and the Mayo Clinic; creating and modifying certain scholarships and student aid programs; creating a direct admissions program; requiring reports; appropriating money; amending Minnesota Statutes 2022, sections 136A.101,
subdivisions 5a, 7; 136A.121, subdivisions 6, 9, 13; 136A.1241, subdivision 5; 136A.125, subdivision 4; 136A.126, subdivision 4; 136A.1312; 136A.1796; 136A.246, subdivisions 5, 6, 8; proposing coding for new law in Minnesota Statutes, chapters 135A; 136A.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"ARTICLE 1
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 "2024" and
"2025" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2024, or June 30, 2025,
respectively. "The first year"
is fiscal year 2024. "The second
year" is fiscal year 2025. "The
biennium" is fiscal years 2024 and 2025.
|
|
|
APPROPRIATIONS |
|
|
|
|
Available for the Year |
|
|
|
|
Ending June 30 |
|
|
|
|
2024 |
2025 |
Sec. 2. MINNESOTA OFFICE OF HIGHER EDUCATION |
|
|
|
Subdivision
1. Total Appropriation |
|
$347,030,000 |
|
$322,383,000 |
The amounts that may be spent for each
purpose are specified in the following subdivisions.
Subd. 2. State
Grants |
|
234,744,000
|
|
224,167,000
|
If the appropriation in this subdivision
for either year is insufficient, the appropriation for the other year is
available for it.
Subd. 3. Child
Care Grants |
|
6,694,000
|
|
6,694,000
|
Subd. 4. State
Work-Study |
|
14,502,000
|
|
14,502,000
|
Subd. 5. Interstate
Tuition Reciprocity |
|
8,500,000
|
|
8,500,000
|
If the appropriation in this subdivision
for either year is insufficient, the appropriation for the other year is
available to meet reciprocity contract obligations.
Subd. 6. Safety Officer's Survivors |
|
100,000
|
|
100,000
|
This appropriation is to provide
educational benefits under Minnesota Statutes, section 299A.45, to eligible
dependent children and to the spouses of public safety officers killed in the
line of duty.
If the appropriation in this subdivision
for either year is insufficient, the appropriation for the other year is
available for it.
Subd. 7. American
Indian Scholarships |
|
3,500,000
|
|
3,500,000
|
The commissioner must
contract with or employ at least one person with demonstrated competence in
American Indian culture and residing in or near the city of Bemidji to assist
students with the scholarships under Minnesota Statutes, section 136A.126, and
with other information about financial aid for which the students may be
eligible. This appropriation includes
funding to administer the American Indian scholarship program.
Subd. 8. Tribal College Supplemental Assistance Grants |
3,150,000
|
|
3,150,000
|
(a) For Tribal college assistance grants
under Minnesota Statutes, section 136A.1796.
(b) In addition to grants made pursuant to
Minnesota Statutes, section 136A.1796, the commissioner shall use this
appropriation to make grants of $1,000,000 each to Leech Lake Tribal College,
White Earth Tribal College, and Red Lake Nation Tribal College, to be used for
the Tribal colleges' general operations and maintenance expenses. By September 30, 2024, each Tribal college
receiving a grant under this paragraph must submit a report to the commissioner
of the Office of Higher Education and to the chairs and ranking minority
members of the legislative committees with jurisdiction over higher education
finance and policy. The report must
include an accurate and detailed account of how the funds were spent and a copy
of the college's most recent audit report.
(c) The commissioner may use no more than
three percent of this appropriation to administer the program grants.
Subd. 9. Intervention for College Attendance Program Grants |
1,942,000
|
|
1,142,000
|
For the intervention for college attendance
program under Minnesota Statutes, section 136A.861.
$300,000 in fiscal year 2024 is for
providing onetime catalyst funding on a competitive basis to postsecondary
institutions, nonprofit organizations, and local government organizations to
create or enhance supports, navigation, and precollege services for students
who were formerly incarcerated.
The commissioner may use no
more than three percent of this appropriation to administer the intervention
for college attendance program grants.
Subd. 10. Student-Parent
Information |
|
122,000
|
|
122,000
|
Subd. 11. Get
Ready! |
|
180,000
|
|
180,000
|
Subd. 12. Minnesota
Education Equity Partnership |
|
45,000
|
|
45,000
|
Subd. 13. Midwest
Higher Education Compact |
|
115,000
|
|
115,000
|
Subd. 14. United
Family Medicine Residency Program |
|
501,000
|
|
501,000
|
For a grant to United Family Medicine residency
program. This appropriation shall be
used to support up to 21 resident physicians each year in family practice at
United Family Medicine residency programs and shall prepare doctors to practice
family care medicine in underserved rural and urban areas of the state. It is intended that this program will improve
health care in underserved communities, provide affordable access to
appropriate medical care, and manage the treatment of patients in a
cost-effective manner.
Subd. 15. MnLINK
Gateway and Minitex |
|
6,555,000
|
|
6,605,000
|
The base for this appropriation for fiscal
year 2026 is $6,655,000 and for fiscal year 2027 is $6,708,000.
Subd. 16. Statewide Longitudinal Education Data System |
2,550,000
|
|
2,550,000
|
Subd. 17. Hennepin
Healthcare |
|
645,000
|
|
645,000
|
For transfer to Hennepin Healthcare for
graduate family medical education programs at Hennepin Healthcare.
Subd. 18. College
Possible |
|
550,000
|
|
550,000
|
(a) This appropriation is for immediate transfer
to College Possible to support programs of college admission and college
graduation for low-income students through an intensive curriculum of coaching
and support at both the high school and postsecondary levels.
(b) This appropriation must be used by
College Possible only for programs supporting students who are residents of
Minnesota and attending colleges or universities within Minnesota.
(c) By February 1 of each year, College
Possible must report to the chairs and ranking minority members of the
legislative committees and divisions with jurisdiction over higher education
and E-12
education on activities funded
by this appropriation. The report must
include but is not limited to information about the work of College Possible
Minnesota throughout the state; the number of College Possible coaches hired;
the number of existing partner high schools; the geographic distribution of
participants; the number of high school and college students specifically
supported by the appropriations funds; the percentages of students who applied
to college, were admitted into college, and enrolled in college from the
previous program year; the number of college graduates supported by the
appropriation funding in the previous program year; and a list of all
communities and partner institutions benefiting from coaching and support
through College Possible programming.
Subd. 19. Spinal Cord Injury and Traumatic Brain Injury Research Grant Program |
3,000,000
|
|
3,000,000
|
For transfer to the spinal cord and traumatic
brain injury grant account in the special revenue fund under Minnesota
Statutes, section 136A.901, subdivision 1.
The commissioner may use no more than three
percent of the amount transferred under this subdivision to administer the
grant program.
Subd. 20. Summer
Academic Enrichment Program |
|
250,000
|
|
250,000
|
For summer academic enrichment grants under
Minnesota Statutes, section 136A.091.
The commissioner may use no more than three
percent of this appropriation to administer the grant program under this
subdivision.
Subd. 21. Dual Training Competency Grants; Office of Higher Education |
6,632,000
|
|
2,632,000
|
For transfer to the Dual Training
Competency Grants account in the special revenue fund under Minnesota Statutes,
section 136A.246, subdivision 10. $132,000
each year is for transfer to the Department of Labor and Industry.
Subd. 22. Campus
Sexual Assault Reporting |
|
25,000
|
|
25,000
|
For the sexual assault reporting required
under Minnesota Statutes, section 135A.15.
Subd. 23. Campus Sexual Violence Prevention and Response Coordinator |
150,000
|
|
150,000
|
For the Office of Higher Education to staff
a campus sexual violence prevention and response coordinator to serve as a
statewide resource providing professional development and
guidance on best practices for
postsecondary institutions. $50,000 each
year is for administrative funding to conduct trainings and provide materials
to postsecondary institutions.
Subd. 24. Emergency Assistance for Postsecondary Students |
3,173,000
|
|
3,173,000
|
(a) For the Office of Higher Education to
allocate grant funds on a matching basis to eligible institutions as defined
under Minnesota Statutes, section 136A.103, located in Minnesota with a
demonstrable homeless student population.
(b) This appropriation shall be used to
meet immediate student needs that could result in a student not completing the
term or their program including, but not limited to, emergency housing, food,
and transportation. Institutions shall
minimize any negative impact on student financial aid resulting from the
receipt of emergency funds.
(c) The commissioner shall determine the
application process and the grant amounts.
The Office of Higher Education shall partner with interested
postsecondary institutions, other state agencies, and student groups to
establish the programs.
(d) The base amount for this appropriation
for fiscal year 2026 is $2,926,000.
Subd. 25. Grants to Student Teachers in Shortage Areas |
4,000,000
|
|
4,000,000
|
For grants to student teachers in shortage
areas under Minnesota Statutes, section 136A.1275.
The commissioner may use no more than
three percent of the appropriation for administration of the program.
Subd. 26. Grants to Underrepresented Student Teachers |
2,625,000
|
|
2,625,000
|
For grants to underrepresented student teachers
under Minnesota Statutes, section 136A.1274.
The commissioner may use no more than
three percent of the appropriation for administration of the program.
Subd. 27. Teacher
Shortage Loan Repayment |
|
3,200,000
|
|
3,200,000
|
For transfer to the teacher shortage loan
repayment account in the special revenue fund under Minnesota Statutes, section
136A.1791, subdivision 8.
The commissioner may use no more than
three percent of the amount transferred under this subdivision to administer
the program.
Subd. 28. Large Animal Veterinarian Loan Forgiveness Program |
375,000
|
|
375,000
|
For transfer to the large animal
veterinarian loan forgiveness program account in the special revenue fund under
Minnesota Statutes, section 136A.1795, subdivision 2.
Subd. 29. Agricultural
Educators Loan Forgiveness |
|
50,000
|
|
50,000
|
For transfer to the agricultural education
loan forgiveness account in the special revenue fund under Minnesota Statutes,
section 136A.1794, subdivision 2.
Subd. 30. Aviation
Degree Loan Forgiveness Program |
|
25,000
|
|
25,000
|
For transfer to the aviation degree loan
forgiveness program account in the special revenue fund under Minnesota
Statutes, section 136A.1789, subdivision 2.
Subd. 31. Grants for Students with Intellectual and Developmental Disabilities |
200,000
|
|
200,000
|
For grants for students with intellectual
and developmental disabilities under Minnesota Statutes, section 136A.1215.
Subd. 32. Loan
Repayment Assistance Program |
|
25,000
|
|
25,000
|
For a grant to the Loan Repayment
Assistance Program of Minnesota to provide education debt relief to attorneys
with full‑time employment providing legal advice or representation to low-income
clients or support services for this work.
Subd. 33. Minnesota
Independence College and Community |
1,000,000
|
|
1,000,000
|
For a grant to Minnesota Independence
College and Community for need-based scholarships and tuition reduction. Beginning with students first enrolled in the
fall of 2019, eligibility is limited to resident students as defined in
Minnesota Statutes, section 136A.101, subdivision 8.
Subd. 34. Student
Loan Debt Counseling |
|
200,000
|
|
200,000
|
For student loan debt counseling under
Minnesota Statutes, section 136A.1788.
The Office of Higher Education may use no
more than three percent of the appropriation to administer the student loan
debt counseling program.
Subd. 35. Hunger-Free Campus Grants |
|
102,000
|
|
102,000
|
For the Office of Higher Education to
provide initial and sustaining grants to Minnesota public postsecondary
institutions and Tribal colleges under Minnesota Statutes, section 135A.137,
subdivision 3, to meet and maintain the criteria in that same section to
address food insecurity on campus.
Subd. 36. Fostering
Independence Higher Education Grants |
4,311,000
|
|
4,311,000
|
For grants to eligible students under
Minnesota Statutes, section 136A.1241. The
base amount for this appropriation in fiscal year 2026 and later is $4,411,000.
The Office of Higher Education may use no
more than three percent of the appropriation to administer the grants.
Subd. 37. Concurrent
Enrollment Grants |
|
340,000
|
|
340,000
|
For concurrent enrollment grants under
Minnesota Statutes, section 136A.91.
Subd. 38. Student
Parent Support Initiative |
|
4,425,000
|
|
4,000,000
|
For grants to support student parents
under Minnesota Statutes, section 136A.1251.
Of this amount, up to $314,000 each year is for administrative costs,
and up to $25,000 each year is for program marketing and outreach.
The base amount for this appropriation in
fiscal year 2026 and later is $3,500,000.
Subd. 39. Director
of Tribal Relations |
|
134,000
|
|
143,000
|
Subd. 40. Direct
Admissions Program |
|
500,000
|
|
500,000
|
For the direct admissions program under
Minnesota Statutes, section 136A.84.
Subd. 41. American
Indian Scholars |
|
8,500,000
|
|
8,500,000
|
To support implementation of Minnesota
Statutes, section 135A.121.
Of this amount, $4,032,000 in fiscal year
2024 and $4,032,000 in fiscal year 2025 are for transfer to the Board of
Regents of the University of Minnesota.
Of this amount, $4,468,000 in fiscal year
2024 and $4,468,000 in fiscal year 2025 are for transfer to the Board of
Trustees of the Minnesota State Colleges and Universities.
Subd. 42. Next Generation Nursing Initiative |
|
1,500,000
|
|
1,500,000
|
For transfer to the Board of Trustees of
the Minnesota State Colleges and Universities for HealthForce Minnesota to
coordinate and implement the Next Generation Nursing Assistant Training Program
for the recruitment and training of students to become certified nursing
assistants. The program must use a
"free up‑front" model for covering the student costs. This appropriation may also be used for
marketing and outreach across the state and covering the cost for retraining,
retesting, and refresher courses.
Subd. 43. Child
Development Associate Pathway |
|
475,000
|
|
-0-
|
For transfer to the Board of Trustees of
the Minnesota State Colleges and Universities to develop a transparent pathway
for current child development associate credential holders to be awarded
academic credit that aligns with related academic certificate, diploma, and
degree programs. Funds must be used to
develop curriculum at eight colleges and universities, develop training and
advising tools for those institutions, and form a statewide advisory committee
to advise the project development.
Subd. 44. Higher
Education Public Service Feasibility Study |
75,000
|
|
-0-
|
For the commissioner of the Office of
Higher Education to conduct a feasibility study on creating and implementing a
Minnesota service initiative. By October
31, 2023, the commissioner shall report to the chairs and ranking minority
members of the legislative committees with jurisdiction over higher education
on the feasibility of creating and implementing a Minnesota service initiative
to increase student civic engagement. The
report must include but is not limited to information about the program design,
implementation challenges and recommendations, outcomes, and the feasibility of
scaling the program over time.
Subd. 45. Inclusive
Higher Education |
|
1,000,000
|
|
1,000,000
|
Of this amount, $250,000 in fiscal year
2024 and $250,000 in fiscal year 2025 are for the Office of Higher Education to
enter into a contract establishing the Inclusive Higher Education Technical
Assistance Center under Minnesota Statutes, section 135A.161, and $750,000 in
fiscal year 2024 and $750,000 in fiscal year 2025 are for transfer to the
inclusive higher education grant account
under Minnesota Statutes, section 135A.162, subdivision 4.
The Office of Higher Education may use no
more than three percent of the appropriation to administer the program.
Subd. 46. Paramedic Scholarship Program |
|
3,200,000
|
|
-0-
|
For the paramedic scholarship program under
article 2, section 26. Of this amount:
(1) $3,000,000 is for awarding 600 student scholarships;
(2) $100,000 is for promotion of the
program and student recruitment efforts; and
(3) $100,000 is for administering the
program.
This appropriation is available until
expended or until June 30, 2026, whichever occurs first.
Subd. 47. Addiction Medicine Graduate Medical
Education Fellowship |
270,000
|
|
270,000
|
(a) For a grant to Hennepin County Medical
Center to support up to six physicians enrolled in an addiction medicine
fellowship program. If the appropriation
for either year is insufficient, the appropriation for the other year is
available for it.
(b) Each year, in order to receive funds
under this subdivision, Hennepin County Medical Center must certify to the
commissioner the number of physicians actually enrolled in an addiction
medicine fellowship for that year. The
commissioner shall transfer to Hennepin County Medical Center $90,000 for each
physician enrolled in an addiction medicine fellowship subject to the total
funds appropriated by this subdivision.
(c) This appropriation shall be used to
prepare fellows to practice addiction medicine in rural and underserved areas
of the state, and to train fellows in: diagnostic
interviewing; motivational interviewing; addiction counseling; recognition and
care of common acute withdrawal syndromes and complications; pharmacotherapies
of addictive disorders; epidemiology and pathophysiology of addiction;
identification and treatment of addictive disorders in special populations;
secondary interventions; the use of screening and diagnostic instruments;
inpatient care; and working within a multidisciplinary team.
Subd. 48. Allied Health Technician Scholarship Program |
5,380,000
|
|
-0-
|
(a) For the allied health technician
scholarship program under article 2, section 27. Of the amount appropriated: (1) $5,000,000 is for awarding 1,000 student
scholarships; (2) $230,000 is for promotion of the program and student
recruitment efforts; and (3) $150,000 is for administering the program.
(b) This is a onetime appropriation. This appropriation is available until
expended or until June 30, 2026, whichever occurs first.
Subd. 49. Unemployment Insurance Aid |
|
495,000
|
|
495,000
|
For unemployment insurance aid to Tribal
colleges under Minnesota Statutes, section 268.193. Of the amount appropriated, $24,000 each year
is for administration of the unemployment insurance aid.
Subd. 50. Foster
Care Grant |
|
500,000
|
|
500,000
|
For a grant to a nonprofit organization
for an education support and wraparound service program that provides
assistance and support to individuals who were in foster care at the age of 13
or later, and for individuals who are transitioning from foster care to
adulthood, up to age 27, to improve the likelihood of completing a degree and
securing a stable career. The program
shall provide one-on-one mentoring, leadership development, and additional
resources to support each student's education journey through high school
graduation and institutions of higher education. The commissioner shall develop an application
process for the grant. This is a onetime
appropriation. The base for this
appropriation is $0 in fiscal year 2026 and later.
Subd. 51. Agency
Administration |
|
6,498,000
|
|
6,724,000
|
The base amount for this appropriation for
fiscal years 2026 and later is $6,096,000.
Subd. 52. Balances
Forward |
|
|
|
|
A balance in the first year under this
section does not cancel, but is available for the second year.
Subd. 53. Transfers
|
|
|
|
|
The commissioner of the Office of Higher
Education may transfer unencumbered balances from the appropriations in this
section to the state grant appropriation, the interstate tuition reciprocity
appropriation, the child care grant appropriation, the Indian scholarship
appropriation, the state work-study appropriation, the get ready appropriation,
the intervention for college attendance appropriation, the student-parent
information appropriation, the summer academic enrichment program
appropriation, the public safety officers' survivors appropriation, and the
fostering independence higher education grant program. The commissioner may transfer unencumbered
balances from the hunger-free campus appropriations to the emergency assistance
for postsecondary students grant. To the
extent there is a projected surplus in the appropriation for either the student
teachers in shortage areas grant program or the underrepresented student
teacher grant program, the commissioner may transfer unencumbered balances
between the two programs as needed to meet demand. Transfers from the
child care, state work-study,
or the hunger-free campus appropriations may only be made to the extent there
is a projected surplus in the appropriation.
A transfer may be made only with prior written notice to the chairs and
ranking minority members of the senate and house of representatives committees
with jurisdiction over higher education finance.
Sec. 3. BOARD OF TRUSTEES OF THE MINNESOTA STATE COLLEGES AND UNIVERSITIES |
|
|
|
Subdivision
1. Total Appropriation |
|
$967,781,000 |
|
$942,792,000 |
The amounts that may be spent for each
purpose are specified in the following subdivisions.
Subd. 2. Central
Office and Shared Services Unit |
|
34,401,000
|
|
34,401,000
|
For the Office of the Chancellor and the
Shared Services Division.
Subd. 3. Operations
and Maintenance |
|
929,265,000
|
|
904,276,000
|
(a) This appropriation includes $25,000,000
in fiscal year 2024 and $50,000,000 in fiscal year 2025 for student tuition
relief. The Board of Trustees may not
set the tuition rates in any undergraduate degree-granting program for the
2023-2024 and 2024-2025 academic years at a rate greater than the 2022-2023
academic year rates. The student tuition
relief may not be offset by increases in mandatory fees, charges, or other
assessments to the student. Colleges and
universities are permitted to increase differential tuition charges in fiscal
years 2024 and 2025 where costs for course or program delivery have increased
due to extraordinary circumstances beyond the control of the college or
university. Rates and rationale must be
approved by the Board of Trustees.
(b) This appropriation includes $50,000,000
in fiscal year 2024 for onetime campus support.
The Board of Trustees must allocate this amount to all colleges and
universities based upon each institution's estimated tuition revenue loss due
to declines in enrollment from fiscal year 2019 to fiscal year 2023, except
that no institution shall receive an allocation less than $200,000. This is a onetime appropriation. The base for this appropriation in fiscal
year 2026 and later is $0.
(c) $5,700,000 in fiscal year 2024 and
$5,700,000 in fiscal year 2025 are to provide supplemental aid for operations
and maintenance to the president of each two-year institution in the system
with at least one campus that is not located in a metropolitan county, as
defined in Minnesota Statutes, section 473.121, subdivision 4. The board shall transfer at least $158,000
for each campus not located in a metropolitan county in each year to the
president of each institution that includes such a campus.
(d) The Board of Trustees is
requested to help Minnesota close the attainment gap by funding activities
which improve retention and completion for students of color.
(e) $10,750,000 in fiscal year 2024 and
$10,750,000 in fiscal year 2025 are for workforce development scholarships
under Minnesota Statutes, section 136F.38.
$6,250,000 in fiscal year 2025 must be matched with cash or in-kind
contributions from nonstate sources. The
base amount for this appropriation for fiscal year 2026 and later is
$4,500,000.
(f) $300,000 in fiscal year 2024 and
$300,000 in fiscal year 2025 are for transfer to the Cook County Higher
Education Board to provide educational programming, workforce development, and
academic support services to remote regions in northeastern Minnesota. The Cook County Higher Education Board shall
continue to provide information to the Board of Trustees on the number of
students served, credit hours delivered, and services provided to students.
(g) $40,000 in fiscal year 2024 and $40,000
in fiscal year 2025 to implement the sexual assault policies required under
Minnesota Statutes, section 135A.15.
(h) $9,500,000 in fiscal year 2024 and
$9,500,000 in fiscal year 2025 are for enterprise-wide technology, including
upgrading the Integrated Statewide Record System and maintaining enterprise‑wide
technology services. The base for this
appropriation in fiscal year 2026 and later is $9,100,000.
(i) $1,050,000 in fiscal year 2024 and
$1,050,000 in fiscal year 2025 are to reduce students' out-of-pocket costs by
expanding free offerings in course materials and resources, including through
open educational resources, open textbooks, and implementation of Z‑Degrees
under Minnesota Statutes, section 136F.305.
The base for this appropriation in fiscal year 2026 and later is
$50,000.
(j) $13,000,000 in fiscal year 2024 and
$13,000,000 in fiscal year 2025 are to expand student support services. This appropriation provides funding to
campuses to address basic needs insecurity, mental health, and other high-need
student support services by increasing the amount of available resources to
students. In addition, this funding
provides systemwide resources and coordination, including electronic
connections for peer support and professional clinical support for mental
health. These systemwide resources must
be available online 24 hours a day, seven days a week. The base amount for this appropriation for
fiscal year 2026 and later is $2,000,000.
(k) $12,500,000 in fiscal year 2024 and
$12,500,000 in fiscal year 2025 are for upgrades to college and university
equipment and learning environments. The
amount appropriated in fiscal year
2025 must be matched with cash
or in-kind contributions from nonstate sources.
Up to 1.5 percent of the appropriation may be used for administration of
the program. This is a onetime
appropriation. The base for this
appropriation in fiscal year 2026 and later is $0.
(l) $6,250,000 in fiscal year 2024 and
$6,250,000 in fiscal year 2025 are to develop and expand industry sector
programming to build capacity and support new and redesigned curricular options
with an emphasis on offering students work-based learning experiences. The amount appropriated in fiscal year 2025
must be matched with cash or in-kind contributions from nonstate sources. Up to 1.5 percent of the appropriation may be
used for administration of the program. This
is a onetime appropriation. The base for
this appropriation in fiscal year 2026 and later is $0.
(m) $861,000 in fiscal year 2024 and
$872,000 in fiscal year 2025 are for costs associated with the increased
employer contribution rates for the higher education individual retirement
account plan under Minnesota Statutes, section 354B.23, subdivision 3. The base for fiscal year 2026 is $883,000 and
for fiscal year 2027 is $894,000.
(n) $809,000 in fiscal year 2024 and
$809,000 in fiscal year 2025 are for unemployment insurance aid under Minnesota
Statutes, section 268.193, to institutions within the system.
(o) The total operations and maintenance
base for fiscal year 2026 is $852,787,000 and for fiscal year 2027 and later is
$852,798,000.
Subd. 4. Learning
Network of Minnesota |
|
4,115,000
|
|
4,115,000
|
Sec. 4. BOARD OF REGENTS OF THE UNIVERSITY OF MINNESOTA |
|
|
|
Subdivision
1. Total Appropriation |
|
$788,279,000 |
|
$788,279,000 |
Appropriations
by Fund |
||
|
2024
|
2025
|
General |
786,122,000
|
786,122,000
|
Health Care Access |
2,157,000
|
2,157,000
|
The amounts that may be spent for each
purpose are specified in the following subdivisions.
Subd. 2. Operations
and Maintenance |
|
717,684,000
|
|
717,684,000
|
(a) $15,000,000 in fiscal year 2024 and
$15,000,000 in fiscal year 2025 are to: (1)
increase the medical school's research capacity; (2) improve the medical
school's ranking in National Institutes of
Health funding; (3) ensure the
medical school's national prominence by attracting and retaining world-class
faculty, staff, and students; (4) invest in physician training programs in
rural and underserved communities; and (5) translate the medical school's
research discoveries into new treatments and cures to improve the health of
Minnesotans.
(b) $7,800,000 in fiscal year 2024 and
$7,800,000 in fiscal year 2025 are for health training restoration. This appropriation must be used to support
all of the following: (1) faculty
physicians who teach at eight residency program sites, including medical
resident and student training programs in the Department of Family Medicine;
(2) the Mobile Dental Clinic; and (3) expansion of geriatric education and
family programs.
(c) $4,000,000 in fiscal year 2024 and
$4,000,000 in fiscal year 2025 are for the Minnesota Discovery, Research, and
InnoVation Economy funding program for cancer care research.
(d) $500,000 in fiscal year 2024 and
$500,000 in fiscal year 2025 are for the University of Minnesota, Morris branch,
to cover the costs of tuition waivers under Minnesota Statutes, section 137.16.
(e) $5,000,000 in fiscal year 2024 and
$5,000,000 in fiscal year 2025 are for systemwide safety and security measures
on University of Minnesota campuses. The
base amount for this appropriation is $2,000,000 in fiscal year 2026 and later.
(f) $366,000 in fiscal year 2024 and
$366,000 in fiscal year 2025 are for unemployment insurance aid under Minnesota
Statutes, section 268.193.
(g) The total operations and maintenance
base for fiscal year 2026 and later is $695,684,000.
Subd. 3. Primary
Care Education Initiatives |
|
2,157,000
|
|
2,157,000
|
This appropriation is from the health care
access fund.
Subd. 4. Special
Appropriations |
|
|
|
|
(a) Agriculture and Extension Service |
|
42,922,000
|
|
42,922,000
|
For the Agricultural Experiment Station and
the Minnesota Extension Service:
(1) the agricultural experiment stations
and Minnesota Extension Service must convene agricultural advisory groups to
focus research, education, and extension activities on producer needs and
implement an outreach strategy that more effectively and rapidly transfers
research results and best practices to producers throughout the state;
(2) this appropriation includes
funding for research and outreach on the production of renewable energy from
Minnesota biomass resources, including agronomic crops, plant and animal
wastes, and native plants or trees. The
following areas should be prioritized and carried out in consultation with
Minnesota producers, renewable energy, and bioenergy organizations:
(i) biofuel and other energy production
from perennial crops, small grains, row crops, and forestry products in
conjunction with the Natural Resources Research Institute (NRRI);
(ii) alternative bioenergy crops and
cropping systems; and
(iii) biofuel coproducts used for
livestock feed;
(3) this appropriation includes funding
for the College of Food, Agricultural, and Natural Resources Sciences to
establish and provide leadership for organic agronomic, horticultural,
livestock, and food systems research, education, and outreach and for the
purchase of state-of-the-art laboratory, planting, tilling, harvesting, and
processing equipment necessary for this project;
(4) this appropriation includes funding
for research efforts that demonstrate a renewed emphasis on the needs of the
state's agriculture community. The
following areas should be prioritized and carried out in consultation with
Minnesota farm organizations:
(i) vegetable crop research with priority
for extending the Minnesota vegetable growing season;
(ii) fertilizer and soil fertility
research and development;
(iii) soil, groundwater, and surface water
conservation practices and contaminant reduction research;
(iv) discovering and developing plant
varieties that use nutrients more efficiently;
(v) breeding and development of turf seed
and other biomass resources in all three Minnesota biomes;
(vi) development of new disease-resistant
and pest-resistant varieties of turf and agronomic crops;
(vii) utilizing plant and livestock cells
to treat and cure human diseases;
(viii) the development of dairy
coproducts;
(ix) a rapid agricultural
response fund for current or emerging animal, plant, and insect problems
affecting production or food safety;
(x) crop pest and animal disease research;
(xi) developing animal agriculture that is
capable of sustainably feeding the world;
(xii) consumer food safety education and
outreach;
(xiii) programs to meet the research and
outreach needs of organic livestock and crop farmers; and
(xiv) alternative bioenergy crops and
cropping systems; and growing, harvesting, and transporting biomass plant
material; and
(5) by February 1, 2025, the Board of
Regents must submit a report to the legislative committees and divisions with
jurisdiction over agriculture and higher education finance on the status and
outcomes of research and initiatives funded in this paragraph.
(b) Health Sciences |
|
9,204,000
|
|
9,204,000
|
$346,000 each year is to support up to 12
resident physicians in the St. Cloud Hospital family practice residency
program. The program must prepare
doctors to practice primary care medicine in rural areas of the state. The legislature intends this program to
improve health care in rural communities, provide affordable access to
appropriate medical care, and manage the treatment of patients in a more
cost-effective manner. The remainder of
this appropriation is for the rural physicians associates program; the
Veterinary Diagnostic Laboratory; health sciences research; dental care; the
Biomedical Engineering Center; and the collaborative partnership between the
University of Minnesota and Mayo Clinic for regenerative medicine, research,
clinical translation, and commercialization.
(c) College of Science and Engineering |
|
1,140,000
|
|
1,140,000
|
For the geological survey and the talented
youth mathematics program.
(d) System Special |
|
7,181,000
|
|
7,181,000
|
For general research, the Labor Education
Service, Natural Resources Research Institute, Center for Urban and Regional
Affairs, Bell Museum of Natural History, and the Humphrey exhibit.
$2,000,000 in fiscal year 2024
and $2,000,000 in fiscal year 2025 are for the Natural Resources Research
Institute to invest in applied research for economic development.
(e) University of Minnesota and Mayo Foundation Partnership |
7,991,000
|
|
7,991,000
|
This appropriation is for the following
activities:
(1) $7,491,000 in fiscal year 2024 and $7,491,000
in fiscal year 2025 are for the direct and indirect expenses of the
collaborative research partnership between the University of Minnesota and the
Mayo Foundation for research in biotechnology and medical genomics. An annual report on the expenditure of these
funds must be submitted to the governor and the chairs of the legislative
committees responsible for higher education finance by June 30 of each fiscal
year.
(2) $500,000 in fiscal year 2024 and
$500,000 in fiscal year 2025 are to award competitive grants to conduct
research into the prevention, treatment, causes, and cures of Alzheimer's
disease and other dementias.
Subd. 5. Academic
Health Center |
|
|
|
|
The appropriation for Academic Health
Center funding under Minnesota Statutes, section 297F.10, is estimated to be
$22,250,000 each year.
Sec. 5. MAYO
CLINIC |
|
|
|
|
Subdivision
1. Total Appropriation |
|
$1,799,000 |
|
$1,799,000 |
The amounts that may be spent are
specified in the following subdivisions.
Subd. 2. Medical
School |
|
665,000
|
|
665,000
|
The state must pay a capitation each year
for each student who is a resident of Minnesota. The appropriation may be transferred between
each year of the biennium to accommodate enrollment fluctuations. It is intended that during the biennium the
Mayo Clinic use the capitation money to increase the number of doctors
practicing in rural areas in need of doctors.
Subd. 3. Family
Practice and Graduate Residency Program |
1,134,000
|
|
1,134,000
|
The state must pay stipend support for up
to 42 residents each year.
ARTICLE 2
HIGHER EDUCATION PROVISIONS
Section 1.
[135A.121] AMERICAN INDIAN
SCHOLARS.
Subdivision 1. Establishment. The American Indian Scholars program
is established to provide a first-dollar tuition and fee free pathway for
eligible Minnesota American Indian students to complete an undergraduate
education.
Subd. 2. Eligibility. To be eligible each year for the
program a student must:
(1) be enrolled in an undergraduate certificate,
diploma, or degree program at the University of Minnesota or a Minnesota state
college or university;
(2) be either (i) a Minnesota resident
for resident tuition purposes who is an enrolled member or citizen of a
federally recognized American Indian Tribe or Canadian First Nation, or (ii) an
enrolled member or citizen of a Minnesota Tribal Nation, regardless of resident
tuition status; and
(3) have not (i) obtained a
baccalaureate degree, or (ii) been enrolled for 180 credits or the equivalent,
excluding courses taken that qualify as developmental education or below
college-level.
Subd. 3. Administration. Minnesota State Colleges and
Universities must and the University of Minnesota is requested to provide a
full tuition and fee waiver to a student eligible under subdivision 2. Funds appropriated with reference to this
section may be used to offset the institutional costs of the waivers; fund
existing waivers, scholarships, or grant programs for students eligible under
subdivision 2; provide student supports for eligible students; and administer
these programs.
Subd. 4. Reports. (a) Each institution receiving funds
under this section must annually report to the commissioner of the Office of
Higher Education the following:
(1) how the systems or institutions have
administered, distributed, and awarded the funds;
(2) enrollment and graduation data for
all eligible students, including applicants and recipients of funds; and
(3) the aggregate awarded financial aid
information for all recipients of funds under this program.
(b) Using the data submitted to the
office by institutions pursuant to paragraph (a), as well as other data
available to the office, the office shall
provide the following on its website by placing a prominent link on its website
home page:
(1) information made available in a
searchable database, including but not limited to persistence and completion,
debt of graduates, employment and wage information, and other relevant data for
each institution subject to paragraph (a); and
(2) other information and links that are
useful to students and parents who are in the process of selecting a college or
university.
Sec. 2. [135A.161]
INCLUSIVE HIGHER EDUCATION TECHNICAL ASSISTANCE CENTER.
Subdivision 1. Definitions. (a) For purposes of this section and
section 135A.162, the following terms have the meanings given.
(b) "Center" means the
Inclusive Higher Education Technical Assistance Center.
(c) "Commissioner"
means the commissioner of the Office of Higher Education.
(d) "Comprehensive transition and
postsecondary program for students with intellectual disabilities" means a
degree, certificate, or nondegree program that is offered by an institution of
higher education for students with intellectual disabilities and approved by
the United States Department of Education.
(e) "Director" means the
director of the Inclusive Higher Education Technical Assistance Center.
(f) "Inclusive higher
education" means institution-approved access to higher education for students
with an intellectual disability that allows for the same rights, privileges,
experiences, benefits, and outcomes that result from a college experience the
same as a matriculating student, resulting in a meaningful credential conferred
by the institution of higher education. Inclusive
higher education includes:
(1) academic access and inclusive
instruction;
(2) person-centered planning;
(3) career development;
(4) campus engagement;
(5) self-determination;
(6) paid internships and employment;
(7) on- or off-campus living, when
available to other students;
(8) campus community clubs, events, and
activity participation;
(9) peer mentors and support; and
(10) a degree, certificate, or
nondegree credential.
(g) "National Coordinating
Center" means the federally funded National Coordinating Center, as
identified in United States Code, title 20, section 1140q, that provides
training and technical assistance supporting evidence‑based and
student-centered research and practice for inclusive higher education
initiatives for students with intellectual disabilities.
(h) "Office" means the Office
of Higher Education.
(i) "Student with an intellectual
disability" means a student with an intellectual disability as defined in
Code of Federal Regulations, title 34, section 668.231.
Subd. 2. Establishment. The commissioner must contract with
the Institute on Community Integration at the University of Minnesota to
establish the Inclusive Higher Education Technical Assistance Center. The purpose of the center is to increase
access to self-sustaining postsecondary education options across Minnesota for
students with an intellectual disability to earn meaningful credentials through
degree, certificate, and nondegree initiatives leading to competitive integrated employment, genuine community membership, and
more independent living. The center
must:
(1) coordinate and facilitate the
statewide initiative to expand and enhance inclusive higher education
opportunities;
(2) provide expertise in
inclusive higher education for students with an intellectual disability;
(3) provide technical assistance:
(i) to Minnesota institutions of higher
education;
(ii) to local education agencies; and
(iii) as requested by the commissioner;
and
(4) provide information to students
with intellectual disabilities and their families.
Subd. 3. Director;
advisory committee. (a) The
center must name a director.
(b) The center must make hiring
decisions based on the Institute on Community Integration's values of diversity
and inclusion of staff with disabilities.
(c) The director must appoint an
advisory committee and seek the committee's review and recommendations on broad
programmatic direction. The advisory
committee must be composed of 50 percent students with an intellectual
disability. The remaining positions must
be filled by family members, key stakeholders, and allies. The director must convene the advisory
committee at least quarterly. The
advisory committee shall:
(1) review and recommend inclusive
higher education offerings;
(2) review and recommend updates to
state policy and practice;
(3) document existing and potential
funding sources; and
(4) identify obstacles and barriers to
students with an intellectual disability to access inclusive higher education
opportunities.
Subd. 4. Responsibilities. (a) The center must advise and offer
technical assistance to all Minnesota institutions of higher education planning
or offering an inclusive higher education initiative to operate in accordance
with federal requirements, the model Program Accreditation Standards for
Postsecondary Education Programs for Students with Intellectual Disabilities,
and guiding principles for inclusive higher education as developed by the
National Coordinating Center.
(b) The center must monitor federal and
state law related to inclusive higher education and notify the governor, the
legislature, and the Office of Higher Education of any change in law which may
impact inclusive higher education.
(c) The center must provide technical
assistance to institutions of higher education, administrators, faculty, and
staff by:
(1) offering institution faculty and
staff training and professional development to start, operate, or enhance their
inclusive higher education initiative;
(2) providing faculty and staff with
information, training, and consultation on the comprehensive transition and
postsecondary program requirements, model Program Accreditation Standards for
Postsecondary Education Programs for Students with Intellectual Disabilities,
and guiding principles;
(3) organizing and offering
learning community events, an annual inclusive higher education conference and
community of practice events to share best practices, provide access to
national experts, and address challenges and concerns;
(4) assisting institutions of higher
education with identifying existing or potential funding sources for the
institution of higher education, student financial aid, and funding for
students with an intellectual disability; and
(5) advising faculty and staff with an
inclusive higher education option of specific grant applications and funding
opportunities.
(d) The center must disseminate
information to students with an intellectual disability, their parents, and
local education agencies, including but not limited to information about:
(1) postsecondary education options,
services, and resources that are available at inclusive institutions of higher
education;
(2) technical assistance and training
provided by the center, the National Coordinating Center, and key stakeholder
organizations and agencies; and
(3) mentoring, networking, and
employment opportunities.
Sec. 3. [135A.162]
INCLUSIVE HIGHER EDUCATION GRANTS.
Subdivision 1. Establishment. (a) The commissioner of the Office of
Higher Education in collaboration with the director of the Inclusive Higher
Education Technical Assistance Center must establish a competitive grant
program for Minnesota institutions of higher education to develop new or enhance
existing inclusive higher education initiatives to enroll or increase
enrollment of students with an intellectual disability. The commissioner and director must
collaborate to establish the grant program framework, including:
(1) minimum grant requirements;
(2) application format;
(3) criteria for evaluating
applications;
(4) grant selection process;
(5) milestones and accountability; and
(6) reporting.
(b) The commissioner must send a
description of the competitive grants, including materials describing the grant
purpose and goals, an application, compliance requirements, and available
funding to each institution of higher education that meets the requirements of
subdivision 2, clauses (1) and (2).
Subd. 2. Eligible
grantees. A public
postsecondary two-year or four-year institution is eligible to apply for a
grant under this section if the institution:
(1) is accredited by the Higher
Learning Commission; and
(2) meets the eligibility requirements
under section 136A.103.
Subd. 3. Application. (a) Applications must be made to the commissioner on a form developed and provided by the commissioner. The commissioner must, to the greatest extent possible, make the application form as short and simple to complete as is reasonably possible. The commissioner must establish a schedule for applications and grants. The application must include without limitation a written plan to develop or enhance a sustainable inclusive higher education initiative that:
(1) offers the necessary supports to students
with an intellectual disability to access the same rights, privileges,
experiences, benefits, and outcomes of a typically matriculating student;
(2) includes the development of a
meaningful credential for students with an intellectual disability to attain
upon successful completion of the student's postsecondary education;
(3) adopts admission standards that do
not require a student with an intellectual disability to complete a
curriculum-based, achievement college entrance exam that is administered
nationwide;
(4) ensures that students with an intellectual disability:
(i) have access and choice in a wide
array of academic courses to enroll in for credit or audit that align with the
student's interest areas and are attended by students without disabilities;
(ii) have the option to live on or off
campus in housing that is available to typically matriculating students;
(iii) have access and support for genuine membership in campus life, including events, social activities and organizations, institution facilities, and technology; and
(iv) are able to access and utilize
campus resources available to typical matriculating students;
(5) provides students with an intellectual disability with the supports and experiences necessary to seek and sustain competitive integrated employment;
(6) develops and promotes the self-determination skills of students with an intellectual disability;
(7) utilizes peer mentors who support
enrolled students with an intellectual disability in academic, campus
engagement, residence life, employment, and campus clubs and organizations;
(8) provides professional development
and resources for university professors and instructors to utilize universal
design for learning and differentiated instruction that supports and benefits
all students; and
(9) presents a ten-year plan including
student enrollment projections for sustainability of an initiative that is
financially accessible and equitable for all interested students with an
intellectual disability.
(b) Eligible institutions of higher
education may apply for funding in subsequent years for up to a total of ten
years of funding.
(c) Receipt of grant funds does not
preclude nor replace the provision of accommodation for enrolled students with disabilities.
Subd. 4. Grant
account. An inclusive higher
education grant account is created in the special revenue fund for depositing
money appropriated to or received by the commissioner for the program. Money deposited in the account is
appropriated to the commissioner, does not cancel, and is continuously
available for grants under this section.
The commissioner may use up to five percent of the amount deposited into
the account for the administration of this section.
Subd. 5. Grant
awards. (a) The commissioner
must award grants to eligible institutions of higher education on a competitive
basis using criteria established in collaboration with the center. The commissioner must consider and prioritize
applicants that have submitted for or received a comprehensive transition and
postsecondary program designation, or applicants with documented progress or
intent toward submitting for federal approval.
An eligible institution of higher education may apply annually for and
receive up to $200,000 per year for four years and $100,000 in subsequent years
pending performance and the funding limitation in subdivision 3, paragraph (b).
(b) A grant recipient must:
(1) adopt the model Program
Accreditation Standards for Postsecondary Education Programs for Students with
Intellectual Disabilities and the inclusive higher education guiding principles
as developed by the National Coordinating Center;
(2) provide a 25 percent match for the
grant funds, either monetary or in-kind; and
(3) collaborate with the Office of
Higher Education, the center, and key stakeholders in the development of the
inclusive higher education initiative.
Subd. 6. Grantee reporting. By August 1 and January 1 following a fiscal year in which a grant was received and for five years thereafter, the grantee must submit a report to the director that includes the status and outcomes of the initiative funded. The report must include performance indicators and information deemed relevant by the director and commissioner. The report must include the following performance indicators:
(1) student recruitment and number of
students enrolled;
(2) student retainment effort and
retention rate;
(3) initiative goals and outcomes;
(4) student attainment rate;
(5) graduated student employment rates
and salary levels at year one and year five after completion; and
(6) additional performance indicators
or information established under subdivision 1, paragraph (a), clauses (5) and
(6).
Subd. 7. Reporting. The director must evaluate the
development and implementation of the Minnesota inclusive higher education
initiatives receiving a grant under this section. The director must submit an annual report by
October 1 on the progress to expand Minnesota inclusive higher education
options for students with intellectual disabilities to the commissioner and
chairs and ranking minority members of the legislative committees with
jurisdiction over higher education policy and finance. The report must include statutory and budget
recommendations.
EFFECTIVE
DATE. This section is
effective July 1, 2023, except that the reporting requirements under
subdivision 7 are effective July 1, 2024.
Sec. 4. Minnesota Statutes 2022, section 136A.101, subdivision 5a, is amended to read:
Subd. 5a. Assigned
family responsibility. "Assigned
family responsibility" means the amount of a family's contribution to a
student's cost of attendance, as determined by a federal need analysis. For dependent students, the assigned family
responsibility is 79 percent of the parental contribution. If the parental contribution is less than
$0,
the assigned family
responsibility is 100 percent of the parental contribution. For independent students with dependents
other than a spouse, the assigned family responsibility is 71 percent of the
student contribution. For independent
students without dependents other than a spouse, the assigned family
responsibility is 35 percent of the student contribution. If the student contribution is less than
$0, the assigned family responsibility is 100 percent of the student
contribution. For a student registering
for less than full time, the office shall prorate the assigned family
responsibility using the ratio of the number of credits the student is enrolled
in to the number of credits for full-time enrollment.
Sec. 5. Minnesota Statutes 2022, section 136A.101, subdivision 7, is amended to read:
Subd. 7. Student. "Student" means a person who is
enrolled for at least three credits one credit per term, in a
program or course of study that applies to a degree, diploma, or certificate. Credit equivalencies assigned by an
institution that are applicable to federal Pell grant calculations shall be
counted as part of a student's credit load.
Sec. 6. Minnesota Statutes 2022, section 136A.121, subdivision 6, is amended to read:
Subd. 6. Cost
of attendance. (a) The recognized
cost of attendance consists of: (1) an
allowance specified in law for living and miscellaneous expenses, and (2) an
allowance for tuition and fees equal to the lesser of the average tuition and
fees charged by the institution, or a tuition and fee maximum if one is
established in law. If no living and
miscellaneous expense allowance is established in law, the allowance is equal
to 109 115 percent of the federal poverty guidelines for a one
person household in Minnesota for nine months.
If no tuition and fee maximum is established in law, the allowance for
tuition and fees is equal to the lesser of:
(1) the average tuition and fees charged by the institution, and (2) for
two-year programs, an amount equal to the highest tuition and fees charged at a
public two-year institution, or for four-year programs, an amount equal to the
highest tuition and fees charged at a public university.
(b) For a student registering for less
than full time, the office shall prorate the cost of attendance to the
actual number of credits for which the student is enrolled using the
ratio of the number of credits the student is enrolled in to the number of
credits for full-time enrollment.
(c) The recognized cost of attendance for a student who is confined to a Minnesota correctional institution shall consist of the tuition and fee component in paragraph (a), with no allowance for living and miscellaneous expenses.
(d) For the purpose of this subdivision, "fees" include only those fees that are mandatory and charged to full‑time resident students attending the institution. Fees do not include charges for tools, equipment, computers, or other similar materials where the student retains ownership. Fees include charges for these materials if the institution retains ownership. Fees do not include optional or punitive fees.
Sec. 7. Minnesota Statutes 2022, section 136A.121, subdivision 9, is amended to read:
Subd. 9. Awards. An undergraduate student who meets the
office's requirements is eligible to apply for and receive a grant in any year
of undergraduate study unless the student has obtained a baccalaureate degree
or previously has been enrolled full time or the equivalent for eight
semesters or the equivalent previously has received a state grant award
for 180 credits or the equivalent, excluding (1) courses taken from a
Minnesota school or postsecondary institution which is not participating in the
state grant program and from which a student transferred no credit, and (2)
courses taken that qualify as developmental education or below college-level. A student enrolled in a two-year program at a
four-year institution is only eligible for the tuition and fee maximums
established by law for two-year institutions.
Sec. 8. Minnesota Statutes 2022, section 136A.121, subdivision 13, is amended to read:
Subd. 13. Deadline. The deadline for the office to accept
applications for state grants for a term is 30 days after the start of that
term June 30 of the fiscal year for which the student applies for a
grant.
Sec. 9. Minnesota Statutes 2022, section 136A.1241, subdivision 5, is amended to read:
Subd. 5. Foster
grant amount; payment; opt-out. (a)
Each student shall be awarded a foster grant based on the federal need analysis. Applicants are encouraged to apply for all
other sources of financial aid. The
amount of the foster grant must be equal to the applicant's recognized cost of
attendance after deducting accounting for:
(1) the student aid index as calculated
by results of the federal need analysis;
(2) the amount of a federal Pell Grant award for which the applicant is eligible;
(3) the amount of the state grant;
(4) the Federal Supplemental Educational Opportunity Grant;
(5) the sum of all Tribal scholarships;
(6) the amount of any other state and federal gift aid;
(7) the Education and Training Voucher Program;
(8) extended foster care benefits under section 260C.451;
(9) the amount of any private grants or scholarships, excluding grants and scholarships provided by the private institution of higher education in which the eligible student is enrolled; and
(10) for public institutions, the sum of all institutional grants, scholarships, tuition waivers, and tuition remission amounts.
(b) The foster grant shall be paid directly to the eligible institution where the student is enrolled.
(c) An eligible private institution may opt out of participating in the foster grant program established under this section. To opt out, the institution shall provide notice to the office by September 1 for the next academic year.
(d) An eligible private institution that does not opt out under paragraph (c) and accepts the student's application to attend the institution must provide institutional grants, scholarships, tuition waivers, or tuition remission in an amount equal to the difference between:
(1) the institution's cost of attendance as calculated under subdivision 4, paragraph (b), clause (1); and
(2) the
sum of the foster grant under this subdivision and the sum of the amounts in
paragraph (a), clauses (1) to (9).
(e) An undergraduate student who is eligible may apply for and receive a foster grant in any year of undergraduate study unless the student has obtained a baccalaureate degree or previously has been enrolled full time as defined in section 136A.101, subdivision 7a, or the equivalent for eight semesters or the equivalent, or received a foster grant for five years, whichever occurs first. A foster grant must not be awarded to a student for more than three years for a two-year degree, certificate, or diploma, or five years for a four-year undergraduate degree.
(f) Foster grants may be awarded to an eligible student for four quarters, three semesters, or the equivalent during the course of a single fiscal year. In calculating the award amount, the office must use the same calculation it would for any other term.
Sec. 10. Minnesota Statutes 2022, section 136A.125, subdivision 4, is amended to read:
Subd. 4. Amount and length of grants. (a) The maximum award to the applicant shall be $6,500 for each eligible child per academic year, except that the campus financial aid officer may apply to the office for approval to increase grants by up to ten percent to compensate for higher market charges for infant care in a community.
(b) Applicants with expected family
contributions at or below the qualifying expected family contribution as
determined by the federal need analysis for the federal Pell Grant, as
determined by the commissioner, qualify for the maximum award. Applicants with expected family
contributions as determined by the federal need analysis exceeding that
threshold but less than 200 percent of the qualifying expected family
contribution receive an amount proportional to their expected family
contribution as determined by the commissioner.
(c) The academic year award amount must be disbursed by academic term using the following formula:
(1) the academic year amount described in paragraph (a);
(2) divided by the number of terms in the academic year; and
(3) multiplied by the applicable enrollment factor:
(i) 1.00 for undergraduate students enrolled in 12 or more semester credits or the equivalent or for graduate students enrolled in six or more semester credits or the equivalent;
(ii) 0.75 for undergraduate students enrolled in nine, ten, or 11 semester credits or the equivalent or for graduate students enrolled in five semester credits or the equivalent;
(iii) 0.50 for undergraduate students enrolled in six, seven, or eight semester credits or the equivalent or for graduate students enrolled in three or four semester credits or the equivalent; and
(iv) 0.25 for undergraduate students enrolled in at least one but less than six semester credits or the equivalent or for graduate students enrolled in one or two semester credits or the equivalent.
(d) Payments shall be made each academic term to the student or to the child care provider, as determined by the institution. Institutions may make payments more than once within the academic term.
Sec. 11. [136A.1251]
STUDENT-PARENT SUPPORT INITIATIVE.
Subdivision 1. Grants. (a) To address the needs and support
the educational goals of expectant and parenting college students across
Minnesota, the commissioner shall award grants and provide support services to
institutions and partnering entities that assist expectant parents and parents
of young children. Grants shall be
awarded to postsecondary institutions, professional organizations,
community-based organizations, or other applicants deemed appropriate by the
commissioner. Grants must be used to offer
services to support the academic goals, health, and well-being of student
parents. Services and costs eligible for
grant funding include but are not limited to:
(1) program development costs;
(2) costs related to the start-up of
on-campus child care;
(3) evaluation and data collection; and
(4) direct assistance to student
parents including:
(i) scholarships;
(ii) basic needs support; and
(iii) expenses related to child care.
(b) Postsecondary institutions may act
as the fiscal agents in partnership with a local nongovernmental agency, child
care center, or other organization that serves student parents.
Subd. 2. Application
process. The commissioner
shall develop a grant application process.
The commissioner shall support projects in a manner that attempts to
ensure eligible students throughout the state have access to program services.
Subd. 3. Health-related
supports. The commissioner,
in partnership with the Department of Health, shall provide health-related
supports. Activities for health-related
supports include:
(1) ensuring programs, services, and materials
are medically accurate, age appropriate, culturally and linguistically
appropriate, and inclusive of all populations;
(2) working with community health care
providers and other service support organizations that serve the target
population for this program; and
(3) providing technical assistance and
training for institutional parent support center staff on how to conduct
screenings and referrals for the health concerns of student parents, including
alcohol misuse, substance use disorders, depression, anxiety, intimate partner
violence, tobacco and nicotine, and other health concerns.
Subd. 4. Report
and evaluation. By August 1
of each odd-numbered year, the commissioner shall submit a report to the chairs
and ranking minority members of the legislative committees with jurisdiction
over higher education finance regarding the grant recipients and their
activities. The report shall include
information about the students served, the organizations providing services,
program activities, program goals, and outcomes.
Sec. 12. Minnesota Statutes 2022, section 136A.126, subdivision 4, is amended to read:
Subd. 4. Award
amount. (a) Each student shall be
awarded a scholarship based on the federal need analysis. Applicants are encouraged to apply for all
other sources of financial aid. The
amount of the award must not exceed the applicant's cost of attendance, as
defined in subdivision 3, after deducting accounting for:
(1) the expected family contribution as
calculated by results of the federal need analysis;
(2) the amount of a federal Pell Grant award for which the applicant is eligible;
(3) the amount of the state grant;
(4) the federal Supplemental Educational Opportunity Grant;
(5) the sum of all institutional grants, scholarships, tuition waivers, and tuition remission amounts;
(6) the sum of all Tribal scholarships;
(7) the amount of any other state and federal gift aid; and
(8) the amount of any private grants or scholarships.
(b) The
award shall be paid directly to the postsecondary institution where the student
receives federal financial aid.
(c) Awards are limited as follows:
(1) the maximum award for an undergraduate is $4,000 per academic year;
(2) the maximum award for a graduate student is $6,000 per academic year; and
(3) the minimum award for all students is $100 per academic year.
(d) Scholarships may not be given to any Indian student for more than three years of study for a two-year degree, certificate, or diploma program or five years of study for a four-year degree program at the undergraduate level and for more than five years at the graduate level. Students may acquire only one degree per level and one terminal graduate degree. Scholarships may not be given to any student for more than ten years including five years of undergraduate study and five years of graduate study.
(e) Scholarships may be given to an eligible student for four quarters, three semesters, or the equivalent during the course of a single fiscal year. In calculating the award amount, the office must use the same calculation it would for any other term.
Sec. 13. Minnesota Statutes 2022, section 136A.1312, is amended to read:
136A.1312
FINANCIAL AID ADMINISTRATOR, PROFESSIONAL JUDGMENT.
Nothing in this chapter or in the office's
rules shall be interpreted as limiting the ability of student financial aid
administrators, on the basis of adequate documentation, to make necessary
adjustments to the cost of attendance and expected family contribution
computations adjust a student's dependency status or elements of a
student's cost of attendance for federal needs analysis calculation to
allow for treatment of individual students with special circumstances, with the
exception of the cost of attendance defined under section 136A.121, subdivision
6. In addition, nothing in this chapter
or in the office's rules shall be interpreted as limiting the ability of the
student financial aid administrator to use supplementary information about the
financial status of eligible applicants with special circumstances in selecting
recipients of state financial aid and determining the amount of awards. Nothing in this section precludes a financial
aid administrator from establishing an appeals process for other extenuating
circumstances.
Sec. 14. Minnesota Statutes 2022, section 136A.1791, subdivision 3a, is amended to read:
Subd. 3a. Eligibility. To be eligible for a disbursement under
this section, a teacher must belong to a racial or ethnic group
underrepresented in the Minnesota teacher workforce, teach. To the extent that funds are available, a
teacher who teaches in a rural school district, or teach teaches
in a license shortage area may also be eligible for a disbursement under
this section.
Sec. 15. Minnesota Statutes 2022, section 136A.246, subdivision 4, is amended to read:
Subd. 4. Application. Applications must be made to the commissioner on a form provided by the commissioner. The commissioner must, to the extent possible, make the application form as short and simple to complete as is reasonably possible. The commissioner shall establish a schedule for applications and grants. The application must include, without limitation:
(1) the projected number of employee trainees;
(2) the competency standard for which training will be provided;
(3) the credential the employee will receive upon completion of training;
(4) the name and address of the eligible training provider;
(5) the period of the training; and
(6) the cost of the training charged by the eligible training provider. The cost of training includes tuition, fees, and required and recommended books and materials.
An application may be made for training of employees of multiple employers either by the employers or by an organization on their behalf.
Sec. 16. Minnesota Statutes 2022, section 136A.246, subdivision 5, is amended to read:
Subd. 5. Grant criteria. (a) The commissioner shall make at least an approximately equal dollar amount of grants for training for employees whose work site is projected to be outside the metropolitan area as defined in section 473.121, subdivision 2, as for employees whose work site is projected to be within the metropolitan area.
(b) In determining the award of grants, the commissioner must consider, among other factors:
(1) the aggregate state and regional need for employees with the competency to be trained;
(2) the competency standards developed by
the commissioner of labor and industry as part of the Minnesota PIPELINE
Project dual-training pipeline program;
(3) the per employee cost of training;
(4) the additional employment opportunities for employees because of the training;
(5) the on-the-job training the employee receives;
(6) the employer's demonstrated ability to recruit, train, and retain employees who are recent high school graduates or who recently passed high school equivalency tests;
(7) projected increases in compensation
for employees receiving the training; and
(8) the amount of employer training cost
match, if required, on both a per employee and aggregate basis.; and
(9) the employer's demonstrated ability
to recruit, train, and retain employees who are employees of color, American
Indian employees, and employees with disabilities.
Sec. 17. Minnesota Statutes 2022, section 136A.246, subdivision 6, is amended to read:
Subd. 6. Employer
match. A large employer must pay for
at least 25 percent of the eligible training provider's charge for the
eligible training to the provider cost of training. For the purpose of this subdivision, a
"large employer" means a business with more than $25,000,000 in
annual gross revenue in the previous calendar year.
Sec. 18. Minnesota Statutes 2022, section 136A.246, subdivision 8, is amended to read:
Subd. 8. Grant
amounts. (a) The maximum grant for
an application for the cost of training is $150,000. The maximum grant for an application for
trainee support is ten percent of the grant amount for the cost of training. The maximum total grant per application is
$165,000. A grant may not exceed
$6,000 per year for a maximum of four years $24,000 per employee.
(b) An employee who is attending an eligible training provider that is an institution under section 136A.103 must apply for Pell and state grants as a condition of payment for training that employee under this section.
Sec. 19. [136A.84]
DIRECT ADMISSIONS PROGRAM.
Subdivision 1. Authorization. The commissioner shall administer the
direct admissions program in consultation with stakeholders, including
Minnesota State Colleges and Universities, the University of Minnesota, the
Student Advisory Council under section 136A.031, the Minnesota Department of
Education, the Minnesota Association of Secondary School Principals, and the
Minnesota School Board Association, to automatically offer conditional
admission into Minnesota public colleges and universities to Minnesota high
school seniors based on a student's high school grade point average, high
school and college transcript information, standardized tests, statewide
assessments, and other measures as determined by stakeholders.
Subd. 2. Implementation. The program shall establish and, to
the extent feasible, implement a process for leveraging existing kindergarten
through grade 12 and higher education student information systems to automate
the admissions process for students. The
program must specifically evaluate the impact this process has on outcomes for
students with lower levels of college knowledge, low-income students, and
students from populations underserved in higher education. The office shall attempt to achieve statewide
representation and may prioritize program
participants to include high schools with a significant number of students of
color, low-income students, or both.
Subd. 3. Report. Annually, by February 1, the Office of
Higher Education shall report to the legislative committees with jurisdiction
over kindergarten through grade 12 education finance and policy and higher
education on activities occurring under this section. The report must include but is not limited to
information about implementation, recommendations, and outcomes.
Sec. 20. Minnesota Statutes 2022, section 136F.04, subdivision 1, is amended to read:
Subdivision 1. Responsibility. Notwithstanding section 136F.03, The
State University Student Association and the State College Student Association
shall each have the responsibility for recruiting, screening, and recommending
qualified candidates for their student members of the board.
Sec. 21. Minnesota Statutes 2022, section 136F.38, subdivision 3, is amended to read:
Subd. 3. Program
eligibility. (a) Scholarships shall
be awarded only to a student eligible for resident tuition, as defined in
section 135A.043, who is enrolled in any of the following programs of study or certification: (1) advanced manufacturing; (2) agriculture;
(3) health care services; (4) information technology; (5) early childhood; (6) transportation; or (7) construction;
(8) education; (9) public safety; or (10) a program of study under
paragraph (b).
(b) Each institution may add one additional area of study or certification, based on a workforce shortage for full‑time employment requiring postsecondary education that is unique to the institution's specific region, as reported in the most recent Department of Employment and Economic Development job vacancy survey data for the economic development region in which the institution is located. A workforce shortage area is one in which the job vacancy rate for full-time employment in a specific occupation in a region is higher than the state average vacancy rate for that same occupation. The institution may change the area of study or certification based on new data once every two years.
(c) The A student must be
in an eligible field enrolled for at least nine credits in a two-year
college in the Minnesota State Colleges and Universities system to be is
eligible for first- and second-year scholarships of $2,500.
(d) The student is eligible for a
one-year transfer scholarship if the student transfers from a two-year college
after two or more terms, and the student is enrolled for at least nine credits
in a four-year university in the Minnesota State Colleges and Universities
system.
(d) A student in an eligible field
enrolled for at least nine credits in a four-year university in the Minnesota
State Colleges and Universities system is eligible for first-year and
second-year scholarships of $3,500.
(e) A student in an eligible field
enrolled in a select short-term credit and noncredit certificate program may receive scholarships of up to $1,500 or the full
cost of instruction and credit for prior learning fees, whichever is less.
Sec. 22. Minnesota Statutes 2022, section 136F.38, subdivision 4, is amended to read:
Subd. 4. Renewal;
cap. A student who has received a
scholarship may apply again but total lifetime awards are not to exceed $7,500
$12,000 per student. Students may
only be awarded a second scholarship upon completion of two academic terms. Students may be awarded a third scholarship
if the student transfers to a corresponding program at a Minnesota state
university.
Sec. 23. Minnesota Statutes 2022, section 136F.38, subdivision 5, is amended to read:
Subd. 5. Administration. (a) The board shall establish an application process and other guidelines for implementing this program.
(b) The board shall give preference to students in financial need.
(c) Up to 1.5 percent of funds
appropriated for this program may be used for the administration of this
program, including outreach to students and promotion of programs where
graduates and certificate holders are currently most needed.
Sec. 24. Minnesota Statutes 2022, section 175.45, subdivision 1, is amended to read:
Subdivision 1. Duties;
goal. The commissioner of labor and
industry shall convene industry representatives, identify occupational
competency standards, and provide technical assistance to develop dual-training
programs. The competency standards shall
be identified for employment in occupations in advanced manufacturing, health
care services, information technology, and agriculture,
transportation, and child care. Competency
standards are not rules and are exempt from the rulemaking provisions of
chapter 14, and the provisions in section 14.386 concerning exempt rules do not
apply.
Sec. 25. Minnesota Statutes 2022, section 354B.23, subdivision 3, is amended to read:
Subd. 3. Employer
contribution rate. The employer
contribution rate on behalf of participants in the individual retirement
account plan is six 8.75 percent of salary.
EFFECTIVE
DATE. This section is
effective the day following final enactment and applies at the beginning of the
next full pay period.
Sec. 26. PARAMEDIC
SCHOLARSHIP PROGRAM.
Subdivision 1. Establishment. The commissioner of the Office of
Higher Education shall establish a program to provide up to 600 scholarships to
students entering paramedic programs by 2026.
Subd. 2. Eligible
students. (a) To be eligible
for a scholarship under this section, a student must:
(1) apply in the form and manner
specified by the commissioner;
(2) be a resident student, as defined by
Minnesota Statutes, section 136A.101, subdivision 8;
(3) attend an eligible institution, as
defined by Minnesota Statutes, section 136A.101, subdivision 4;
(4)
be enrolled in a nationally accredited, degree- or diploma-awarding paramedic
program at that institution; and
(5) submit to the commissioner a
completed affidavit, prescribed by the commissioner, affirming the student's
intent to work as a paramedic in Minnesota after graduation.
(b) An eligible student may receive a
scholarship under this section no more than two times.
Subd. 3. Administration;
award amount. (a) The commissioner
must establish an application process and other guidelines for implementing the
paramedic scholarship program. The first
set of scholarships must be awarded for the 2024-2025 academic year.
(b) The amount of a scholarship awarded
under this section is $5,000. The
scholarship must be paid in a lump sum directly to the institution where the
recipient is enrolled.
Subd. 4. Reporting. By February 1, 2025, and again by
February 1, 2026, the commissioner must submit a report on the program to the
chairs and ranking minority members of the legislative committees with
jurisdiction over higher education finance and policy. The report must include the following
information and any other information the commissioner considers relevant:
(1) information about all postsecondary
programs giving rise to eligibility for a scholarship under this section,
including the programs' locations, costs, enrollment capacities, acceptance
rates, and other relevant information;
(2) available data on the current and
forecasted demand for paramedics in Minnesota; and
(3) the total number of scholarships
issued, disaggregated by:
(i) year of award;
(ii) postsecondary institution attended;
and
(iii) relevant and available demographic
data about award recipients.
Subd. 5. Expiration. This section expires June 30, 2026.
Sec. 27. ALLIED
HEALTH TECHNICIAN SCHOLARSHIP PROGRAM.
Subdivision 1. Establishment. The commissioner of the Office of
Higher Education shall establish a program to provide up to 1,000 scholarships
to students entering specified health technician programs by 2026.
Subd. 2. Eligible
students. (a) To be eligible
for a scholarship under this section, a student must:
(1) apply in the form and manner
specified by the commissioner;
(2) be a resident student, as defined
by Minnesota Statutes, section 136A.101, subdivision 8;
(3) attend an eligible institution, as
defined by Minnesota Statutes, section 136A.101, subdivision 4;
(4) be enrolled in the student's first
term in a nationally accredited degree, diploma, or certificate program in one
of the following health technician fields:
(i) medical laboratory technologist;
(ii) medical laboratory technician;
(iii) respiratory therapist;
(iv) radiology technologist; or
(v) surgical technologist; and
(5) submit to the commissioner a
completed affidavit, prescribed by the commissioner, affirming the student's
intent to work in Minnesota in the specified health technician field following
graduation.
(b) A student may receive a scholarship
under this section only once.
Subd. 3. Administration;
award amount. (a) The
commissioner must establish an application process and other guidelines for
implementing this program. The first set
of scholarships must be awarded for the 2024-2025 academic year.
(b) The amount of a scholarship awarded
under this section is $5,000. The
scholarship shall be paid in a lump sum directly to the institution where the
recipient is enrolled.
Subd. 4. Reporting. By February 1, 2025, and again by
February 1, 2026, the commissioner must submit a report on the program to the
chairs and ranking minority members of the legislative committees with
jurisdiction over higher education finance and policy. The report must include the following
information as well as any other information the commissioner considers
relevant:
(1) information about all postsecondary
health technician programs giving rise to eligibility for a scholarship under
this section, including the programs' locations, costs, enrollment capacities,
acceptance rates, and other relevant information;
(2) available data on the current and
forecasted demand for health technicians in Minnesota; and
(3) the total number of
scholarships issued broken out by:
(i) year of award;
(ii) postsecondary institution
attended;
(iii) health technician field; and
(iv) relevant and available demographic
data about award recipients.
Subd. 5. Expiration. This section expires June 30, 2026.
Sec. 28. UNEMPLOYMENT
INSURANCE AID REPORTS.
By January 15 of each year, the Board
of Regents of the University of Minnesota, the Board of Trustees of the
Minnesota State Colleges and Universities, and the Office of Higher Education,
in consultation with the Department of Employment and Economic Development,
must each report to the higher education committees of the legislature the
balances in unemployment insurance aid accounts and information about the
annual changes in reimbursable costs for higher education workers receiving
unemployment insurance benefits. To the
extent possible, the report must break out the costs by campus and major job
classes. The report must be filed
according to Minnesota Statutes, section 3.195.
Sec. 29. HIGHER
EDUCATION BONDING POLICY.
It is the policy of the legislature
that:
(1) an appropriation from the bond
proceeds fund to either the Board of Regents of the University of Minnesota or
the Board of Trustees of the Minnesota State Colleges and Universities shall
fund the full cost of projects benefiting institutions within those public
postsecondary systems; and
(2) neither the Board of Regents of the
University of Minnesota nor the Board of Trustees of the Minnesota State
Colleges and Universities shall be obligated to pay debt service on the
principal amount of state general obligation bonds sold to finance projects
benefiting institutions within those public postsecondary systems.
EFFECTIVE
DATE. This section is
effective January 1, 2024, and applies to appropriations of bond proceeds on or
after that date.
Sec. 30. REPEALER.
Minnesota Statutes 2022, sections
136F.03; and 136F.38, subdivision 2, are repealed."
Delete the title and insert:
"A bill for an act relating to higher education; providing funding and policy related changes for the Office of Higher Education, Minnesota State Colleges and Universities, the University of Minnesota, and the Mayo Clinic; creating and modifying certain scholarships and student aid programs; creating and modifying grant programs to higher education institutions; establishing the Inclusive Higher Education Technical Assistance Center; creating a direct admissions program; establishing higher education bonding policy; requiring reports; appropriating money; amending Minnesota Statutes 2022, sections 136A.101, subdivisions 5a, 7; 136A.121, subdivisions 6, 9, 13; 136A.1241, subdivision 5; 136A.125, subdivision 4; 136A.126, subdivision 4; 136A.1312; 136A.1791, subdivision
3a; 136A.246, subdivisions 4, 5, 6, 8; 136F.04, subdivision 1; 136F.38, subdivisions 3, 4, 5; 175.45, subdivision 1; 354B.23, subdivision 3; proposing coding for new law in Minnesota Statutes, chapters 135A; 136A; repealing Minnesota Statutes 2022, sections 136F.03; 136F.38, subdivision 2."
With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.
The
report was adopted.
Howard from the Committee on Housing Finance and Policy to which was referred:
H. F. No. 2335, A bill for an act relating to state government; establishing a budget for the Minnesota Housing Finance Agency; providing for childhood housing stability; establishing a community stabilization program; establishing a supportive housing program; establishing a first-generation homebuyers down payment assistance fund; appropriating money; amending Minnesota Statutes 2022, sections 462A.201, subdivision 2; 462A.204, subdivision 8; 462A.21, subdivision 3b; proposing coding for new law in Minnesota Statutes, chapter 462A.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"ARTICLE 1
HOUSING APPROPRIATIONS
Section
1. APPROPRIATIONS. |
The sums shown in the columns marked
"Appropriations" are appropriated to the agency 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 "2024" and
"2025" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2024, or June 30, 2025,
respectively. "The first year"
is fiscal year 2024. "The second
year" is fiscal year 2025. "The
biennium" is fiscal years 2024 and 2025.
|
|
|
APPROPRIATIONS |
|
|
|
|
Available for the Year |
|
|
|
|
Ending June 30 |
|
|
|
|
2024 |
2025 |
Sec. 2. HOUSING
FINANCE AGENCY |
|
|
|
|
Subdivision
1. Total Appropriation |
|
$607,998,000 |
|
$457,298,000 |
(a) The amounts that may be spent for each
purpose are specified in the following subdivisions.
(b) Unless otherwise specified, this appropriation
is for transfer to the housing development fund for the programs specified in
this section. Except as otherwise
indicated, this transfer is part of the agency's permanent budget base.
Subd. 2. Challenge Program |
|
37,925,000
|
|
37,925,000
|
(a) This appropriation is for the economic
development and housing challenge program under Minnesota Statutes, sections
462A.33 and 462A.07, subdivision 14.
(b) The base for this program in fiscal
year 2026 and beyond is $12,925,000.
Subd. 3. Workforce
Housing Development |
|
22,000,000
|
|
22,000,000
|
(a) This appropriation is for the Greater
Minnesota workforce housing development program under Minnesota Statutes,
section 462A.39.
(b) The base for this program in fiscal
year 2026 and beyond is $2,000,000.
Subd. 4. Manufactured Home Park Infrastructure Grants |
1,000,000
|
|
1,000,000
|
This appropriation is for manufactured home
park infrastructure grants under Minnesota
Statutes, section 462A.2035, subdivision 1b.
Subd. 5. Workforce
Homeownership Program |
|
250,000
|
|
250,000
|
This appropriation is for the workforce
homeownership program under Minnesota Statutes, section 462A.38.
Subd. 6. Housing
Trust Fund |
|
11,646,000
|
|
11,646,000
|
This appropriation is for deposit in the
housing trust fund account created under Minnesota Statutes, section 462A.201,
and may be used for the purposes provided in that section.
Subd. 7. Childhood
Housing Stability |
|
1,750,000
|
|
1,750,000
|
This appropriation is for the childhood
housing stability program under Minnesota Statutes, sections 462A.201,
subdivision 2, paragraph (a), clause (4), and 462A.204, subdivision 8, to
provide assistance to homeless or highly mobile families with minor children or
with children eligible for enrollment in a prekindergarten through grade 12
academic program.
Subd. 8. Bridges
|
|
5,338,000
|
|
5,338,000
|
This appropriation is for the bridges
housing assistance program under Minnesota Statutes, section 462A.2097.
Subd. 9. Family
Homeless Prevention |
|
10,269,000
|
|
85,269,000
|
(a) This appropriation is for the family
homeless prevention and assistance programs under Minnesota Statutes, section
462A.204.
(b) The base for this program
in fiscal year 2026 and beyond is $10,269,000.
Subd. 10. Home
Ownership Assistance Fund |
|
885,000
|
|
885,000
|
This appropriation is for the home
ownership assistance program under Minnesota Statutes, section 462A.21,
subdivision 8.
Subd. 11. Affordable
Rental Investment Fund |
|
4,218,000
|
|
4,218,000
|
This appropriation is for the affordable
rental investment fund program under Minnesota Statutes, section 462A.21,
subdivision 8b, to finance the acquisition, rehabilitation, and debt restructuring
of federally assisted rental property and for making equity take-out loans
under Minnesota Statutes, section 462A.05, subdivision 39.
Subd. 12. Owner-Occupied
Housing Rehabilitation |
|
2,772,000
|
|
2,772,000
|
This appropriation is for the
rehabilitation of owner-occupied housing under Minnesota Statutes, section
462A.05, subdivisions 14 and 14a.
Subd. 13. Rental
Housing Rehabilitation |
|
3,743,000
|
|
3,743,000
|
This appropriation is for the
rehabilitation of eligible rental housing
under Minnesota Statutes, section 462A.05, subdivision 14.
Subd. 14. Homeownership Education, Counseling, and Training |
1,857,000
|
|
1,857,000
|
(a) This appropriation is for the
homeownership education, counseling, and training program under Minnesota
Statutes, section 462A.209.
(b) The base for this program in fiscal
year 2026 and beyond is $857,000.
Subd. 15. Capacity-Building
Grants |
|
4,645,000
|
|
4,645,000
|
(a) This appropriation is for
capacity-building grants under Minnesota Statutes, section 462A.21, subdivision
3b.
(b) The base for this program in fiscal
year 2026 and beyond is $645,000.
Subd. 16. Supportive
Housing |
|
2,500,000
|
|
2,500,000
|
This appropriation is for the supportive
housing program under Minnesota Statutes, section 462A.42. This is a onetime appropriation.
Subd. 17. Greater Minnesota Housing Infrastructure Grants |
5,000,000
|
|
-0-
|
This appropriation is for the Greater
Minnesota housing infrastructure grant program under Minnesota Statutes,
section 462A.43. This is a onetime
appropriation.
Subd. 18. Housing
Infrastructure Bonds |
|
100,000,000
|
|
100,000,000
|
This appropriation is for the housing
infrastructure program for the eligible purposes under Minnesota Statutes,
section 462A.37, subdivision 2. This is
a onetime appropriation.
Subd. 19. Homeownership
Investment Grants |
|
40,000,000
|
|
40,000,000
|
This appropriation is for the
homeownership investment grants program.
This is a onetime appropriation.
Subd. 20. Manufactured
Home Lending Grants |
|
25,000,000
|
|
-0-
|
This appropriation is for the manufactured
home lending grants program. This is a onetime
appropriation.
Subd. 21. Manufactured Home Park Cooperative
Purchase |
|
10,000,000
|
|
-0-
|
This appropriation is for the manufactured
home park cooperative purchase program. This
is a onetime appropriation.
Subd. 22. Local
Housing Trust Fund |
|
7,700,000
|
|
-0-
|
This appropriation is for local housing
trust fund grants. This is a onetime
appropriation.
Subd. 23. Rent
Assistance |
|
50,000,000
|
|
50,000,000
|
This appropriation is for deposit in the
state rent assistance account in the housing development fund for expenditure
on the rent assistance program under Minnesota Statutes, section 462A.2095. Of this amount, $12,000,000 is added to the
agency's permanent budget base.
Subd. 24. First-Generation Homebuyers Down Payment Assistance Fund |
150,000,000
|
|
-0-
|
This appropriation is for the
first-generation homebuyers down payment assistance fund. This appropriation is onetime. Services rendered under grant contracts with
the grantee may occur any time up until June 30, 2026.
Subd. 25. Build Wealth Minnesota |
|
1,500,000
|
|
1,500,000
|
(a) This appropriation is for a grant to
Build Wealth Minnesota to provide a family stabilization plan program,
including program outreach, financial literacy education, and budget and debt
counseling. This is a onetime
appropriation.
(b) The base for this program in fiscal
year 2026 and beyond is $500,000.
Subd. 26. First-Time Homebuyer, Fee-Based Home Purchase Financing |
5,000,000
|
|
5,000,000
|
This appropriation is for the first-time
homebuyer, fee-based home purchase financing program. This appropriation is onetime. Services rendered under grant contracts with
the grantee may occur any time up until June 30, 2026.
Subd. 27. Community
Stabilization |
|
75,000,000
|
|
75,000,000
|
This appropriation is for the community
stabilization program under Minnesota Statutes, section 462A.41. This a onetime appropriation. Of this amount, $10,000,000 is for a grant to
AEON for Huntington Place.
Subd. 28. High-Rise
Sprinkler System Grant |
|
10,000,000
|
|
-0-
|
This appropriation is for the high-rise
sprinkler system grant program. This
appropriation is onetime. Of this
amount, up to $4,000,000 must be for a grant to CommonBond Communities for
installation of sprinkler systems at two buildings known as Seward Tower West
located at 2515 South 9th Street in Minneapolis and Seward Tower East located
at 2910 East Franklin Avenue in Minneapolis.
Subd. 29. Lead
Safe Homes |
|
4,000,000
|
|
-0-
|
This appropriation is for the lead safe
homes grant program under Minnesota Statutes, section 462A.2906. This appropriation is onetime.
Subd. 30. Landlord
Risk Mitigation Fund |
|
500,000
|
|
-0-
|
(a) This appropriation is for grants to
eligible applicants to create or expand risk mitigation programs to reduce
landlord financial risks for renting to persons eligible for services under Minnesota
Statutes, sections 245.4661, subdivision 9, paragraph (a), clause (2);
462A.204; and 462A.2097. This
appropriation is onetime.
(b) Eligible programs may reimburse
landlords for costs, including but not limited to nonpayment of rent or damage
costs above those costs covered by security deposits. The agency may give higher
priority to applicants that
demonstrate a matching amount of money by a local unit of government, business,
or nonprofit organization. Grantees must
establish a procedure to review and validate claims and reimbursements under
this grant program.
(c) Eligible grantees include but are not
limited to nonprofit organizations under Minnesota Statutes, section 462A.03,
subdivision 22, and supportive housing providers under Minnesota Statutes,
section 245.4661, subdivision 9, paragraph (a), clause (2).
Subd. 31. Housing
Meditation |
|
1,500,000
|
|
-0-
|
This appropriation is for the Minnesota
Housing mediation grant program. This
appropriation is onetime.
Subd. 32. Northland
Foundation |
|
2,000,000
|
|
-0-
|
This appropriation is for a grant to
Northland Foundation for use on expenditures authorized under Minnesota
Statutes, section 462C.16, subdivision 3 and on assisting local governments to
establish local or regional housing trust funds. Northland Foundation may award grants and
loans to other entities to expend on authorized expenditures under this section. This appropriation is onetime and available
until June 30, 2025.
Subd. 33. Stable
Housing Organization Relief |
|
10,000,000
|
|
-0-
|
This appropriation is for the stable
housing organization relief program. This
appropriation is onetime.
Sec. 3. MANAGEMENT
AND BUDGET |
|
$300,000 |
|
$-0- |
$300,000 in fiscal year 2024 is to the commissioner
of management and budget to fund a study by Management Analysis and Development
on expediting rental assistance payment.
This is a onetime appropriation.
Sec. 4. FISCAL
YEAR 2023 APPROPRIATION TO THE MINNESOTA HOUSING FINANCE AGENCY.
(a) $50,000,000 in fiscal year 2023 is
appropriated from the general fund to the Housing Finance Agency for transfer
to the housing development fund for the family homeless prevention and
assistance program under Minnesota Statutes, section 462A.204. This appropriation is onetime. Notwithstanding procurement provisions
outlined in Minnesota Statutes, section 16C.06, subdivisions 1, 2, and 6, the
agency may award grants to existing program grantees. The agency shall make best efforts to spend
the appropriation by June 30, 2024. If
the appropriation in this paragraph is enacted more than once during the 2023
regular session, the appropriation must be given effect only once. If the appropriation in this paragraph is
enacted more than once during the 2023 regular session, this section applies to
the appropriation.
(b) Notwithstanding Minnesota Statutes, section 462A.204, subdivision 5, qualified families may receive more than 24 months of rental assistance.
(c) Notwithstanding Minnesota
Statutes, section 462A.204, subdivision 3, a community-based nonprofit
organization without a sponsoring resolution may apply for and receive grants
outside the metropolitan area.
(d) If the agency determines that the
metropolitan area is in need of additional support to serve households that are
homeless or at risk of homelessness, the agency may grant funds to entities
other than counties in the metropolitan area, including but not limited to
nonprofit organizations.
(e) In circumstances where more than
one grantee operates in a given geographic area, grantees may work with either
an advisory committee as required under Minnesota Statutes, section 462A.204,
subdivision 6, or the local Continuum of Care and are not required to meet the
requirements of Minnesota Statutes, section 462A.204, subdivision 4.
ARTICLE 2
HOUSING GRANT PROGRAMS
Section 1. Minnesota Statutes 2022, section 462A.05, is amended by adding a subdivision to read:
Subd. 42. Rent
assistance program. The
agency may administer the rent assistance program established in section
462A.2095.
Sec. 2. [462A.2095]
RENT ASSISTANCE PROGRAM.
Subdivision 1. Program
established. (a) The state
rent assistance account is established as a separate account in the housing
development fund. Money in the account
is appropriated to the agency for grants to program administrators for the
purposes specified in this section.
(b) Money deposited in the account
under section 297A.9925 is for grants to program administrators in the
metropolitan area.
(c) Money deposited in the account
through a general fund appropriation is for grants to program administrators
outside the metropolitan counties, as defined by section 473.121, subdivision
4.
Subd. 2. Definitions. (a) For purposes of this section, the following
terms have the meanings given.
(b) "Eligible household"
means a household with an annual income of up to 50 percent of the area median
income as determined by the United States Department of Housing and Urban
Development, adjusted for family size, that is paying more than 30 percent of
the household's annual income on rent. Eligibility
is determined at the time a household first receives rent assistance under this
section. Eligibility shall be
recertified every year thereafter. Eligible
household does not include a household receiving federal tenant-based or
project-based assistance under Section 8 of the United States Housing Act of
1937, as amended.
(c) "Program administrator"
means:
(1) a housing and redevelopment
authority or other local government agency or authority that administers
federal tenant-based or project-based assistance under Section 8 of the United
States Housing Act of 1937, as amended;
(2) a Tribal government or Tribal
housing authority; or
(3) if the local housing authority,
Tribal government, or Tribal housing authority declines to administer the
program established in this section, a nongovernmental organization determined
by the agency to have the capacity to administer the program.
Subd. 3. Grants
to program administrators. (a)
The agency may make grants to program administrators to provide rental
assistance for eligible households. For
both tenant-based and project-based assistance, program administrators shall
pay assistance directly to housing providers.
Rental assistance may be provided in the form of tenant-based assistance
or project-based assistance. Notwithstanding
the amounts awarded under subdivision 1, paragraph (b), and to the extent
practicable, the agency must make grants statewide in proportion to the number
of households eligible for assistance in each county according to the most
recent American Community Survey of the United States Census Bureau.
(b) The program administrator may use
its existing procedures to administer the rent assistance program or may
develop alternative procedures with the goals of reaching households most in
need and incentivizing landlord participation.
The agency must approve a program administrator's alternative
procedures.
Subd. 4. Amount
of rent assistance. A program
administrator may provide tenant-based or project-based vouchers in amounts
equal to the difference between 30 percent of household income and the rent
charged, plus an allowance for utilities if not included in rent. A program administrator may not provide
assistance that is more than the difference between 30 percent of the tenant's
gross income and 120 percent of the payment standard, plus utilities, as
established by the local public housing authority, unless otherwise authorized
by the agency.
Subd. 5. Administrative
fees. The agency shall
consult with public housing authorities to determine the amount of
administrative fees to pay to program administrators.
Subd. 6. Rent
assistance not income. (a)
Rent assistance grant money under this section is excluded from income as
defined in sections 290.0674, subdivision 2a, and 290A.03, subdivision 2.
(b) Notwithstanding any law to the
contrary, payments under this section must not be considered income, assets, or
personal property for purposes of determining eligibility or recertifying
eligibility for state public assistance, including but not limited to:
(1) child care assistance programs under
chapter 119B;
(2) general assistance, Minnesota
supplemental aid, and food support under chapter 256D;
(3) housing support under chapter 256I;
(4) Minnesota family investment program
and diversionary work program under chapter 256J; and
(5) economic assistance programs under
chapter 256P.
(c) The commissioner of human services
must not consider rent assistance grant money under this section as income or
assets under section 256B.056, subdivision 1a, paragraph (a); subdivision 3; or
subdivision 3c, or for persons with eligibility determined under section
256B.057, subdivision 3, 3a, or 3b.
Subd. 7. Oversight. The agency may direct program
administrators to comply with applicable sections of Code of Federal
Regulations, title 24, parts 982 and 983.
Sec. 3. [462A.2096]
LEAD SAFE HOMES GRANT PROGRAM.
Subdivision 1. Establishment. The Minnesota Housing Finance Agency
shall establish a lead safe homes grant program to provide grants to increase
lead testing and make residential rental units lead safe. The pilot program shall provide one grant to
a project serving an area in a metropolitan county, as defined in section
473.121, subdivision 4, and one grant to a project serving an area outside a
metropolitan county with a priority for targeting grant resources to landlords
and tenants where there are high concentrations of lead poisoning in children
based on information provided by the commissioner of health.
Subd. 2. Eligibility. (a) Eligible grantees must be a
nonprofit or political subdivision capable of providing funding and services to
a defined geographic area. The grant
programs established by the grantees receiving funding under this section must
provide lead risk assessments completed by a lead inspector or a lead risk
assessor licensed by the commissioner of health pursuant to section 144.9505
for properties built before 1978 to determine the presence of lead hazards and
to provide interim controls to reduce lead health hazards. The grant programs must provide funding for
testing and lead hazard reduction to:
(1) landlords of residential buildings
with 11 units or less where the tenant's income does not exceed 60 percent of
area median income;
(2) landlords of residential buildings
with 12 units or more where at least 50 percent of the tenants are below 60 percent
of the median income; and
(3) tenants with an income that does
not exceed 60 percent of area median income.
(b) A landlord or tenant must first
access other available state and federal funding related to lead testing and
lead hazard reduction for which they are eligible.
(c) Up to ten percent of a grant award
to a nonprofit or political subdivision may be used to administer the grant and
provide education and outreach about lead health hazards.
Subd. 3. Short
title. This section shall be
known as the "Dustin Luke Shields Act."
Sec. 4. [462A.2098]
MINNESOTA HOUSING MEDIATION GRANT PROGRAM.
Subdivision 1. Establishment;
purpose. The agency shall
establish a housing mediation program to reduce negative consequences to
renters, rental property owners, families, schools, employers, neighborhoods,
and communities by providing support to renters and residential rental property
owners.
Subd. 2. Selection
criteria. The agency shall
award grants to community dispute resolution programs certified under section
494.015. The agency shall develop forms
and procedures for soliciting and reviewing applications for grants under this
section.
Subd. 3. Administration. The agency shall award a grant to
Community Mediation Minnesota to administrate the housing mediation program to
ensure effective statewide management, program design, and outreach among the
grantees.
Subd. 4. Authorized
uses of grant. The grant
funding must be used to:
(1) provide housing dispute resolution
services;
(2) increase awareness of and access to
housing dispute resolution services statewide;
(3) provide alternative dispute
resolution services, including but not limited to eviction prevention,
mediation, and navigation services;
(4) partner with culturally specific
dispute resolution programs to provide training and assistance with virtual and
in-person mediation services;
(5) increase mediation services for
seniors and renters with disabilities and illnesses that face housing
instability;
(6) increase the diversity and
cultural competency of the housing mediator roster;
(7) integrate housing mediation
services with navigation and resource connection services, legal assistance,
and court services programs; and
(8) develop and administer evaluation
tools to design, modify, and replicate effective program outcomes.
Sec. 5. [462A.41]
COMMUNITY STABILIZATION PROGRAM.
Subdivision 1. Establishment. The agenc